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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 10:10:3.0.1.1.5.1.9.1 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | A | Subpart A—General Provisions | § 209.1 Purpose and scope. | DOE | This part implements the provisions of the Energy Policy and Conservation Act (EPCA) authorizing the Administrator to prescribe standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum may develop and carry out voluntary agreements, and plans of action which are required to implement the information and allocation provisions of the International Energy Program (IEP). The requirements of this part do not apply to activities other than those for which section 252 of EPCA makes available a defense to the antitrust laws. | ||||
| 10:10:3.0.1.1.5.1.9.2 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | A | Subpart A—General Provisions | § 209.2 Delegation. | DOE | To the extent otherwise permitted by law, any authority, duty, or responsibility vested in DOE or the Administrator under these regulations may be delegated to any regular full-time employee of the Department of Energy, and, by agreement, to any regular full-time employee of the Department of Justice or the Department of State. | ||||
| 10:10:3.0.1.1.5.1.9.3 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | A | Subpart A—General Provisions | § 209.3 Definitions. | DOE | For purposes of this part— (a) Administrator means the Administrator of the Department of Energy. (b) Information and allocation provisions of the International Energy Program means the provisions of chapter V of the Program relating to the Information System, and the provisions at chapters III and IV thereof relating to the international allocation of petroleum. (c) International Energy Agency (IEA) means the International Energy Agency established by Decision of the Council of the Organization for Economic Cooperation and Development, dated November 15, 1974. (d) International Energy Program (IEP) means the program established pursuant to the Agreement on an International Energy Program signed at Paris on November 18, 1974, including (1) the Annex entitled “Emergency Reserves”, (2) any amendment to such Agreement which includes another nation as a Party to such Agreement, and (3) any technical or clerical amendment to such Agreement. (e) International energy supply emergency means any period (1) beginning on any date which the President determines allocation of petroleum products to nations participating in the international energy program is required by chapters III and IV of such program, and (2) ending on a date on which he determines such allocation is no longer required. Such a period shall not exceed 90 days, except where the President establishes one or more additional periods by making the determination under paragraph (e)(1) of this section. (f) Potential participant means any person engaged in the business of producing, transporting, refining, distributing, or storing petroleum products; “participant” means any such person who agrees to participate in a voluntary agreement pursuant to a request to do so by the Administrator. (g) Petroleum or petroleum products means crude oil, residual fuel oil, or any refined petroleum product (including any natural gas liquid and any natural gas liquid product). | ||||
| 10:10:3.0.1.1.5.2.9.1 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | B | Subpart B—Development of Voluntary Agreements | § 209.21 Purpose and scope. | DOE | (a) This subpart establishes the standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing. or storing petroleum products shall develop voluntary agreements which are required to implement the allocation and information provisions of the International Energy Program. (b) This subpart does not apply to meetings of bodies created by the International Energy Agency. | ||||
| 10:10:3.0.1.1.5.2.9.2 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | B | Subpart B—Development of Voluntary Agreements | § 209.22 Initiation of meetings. | DOE | (a) Any meeting held for the purpose of developing a voluntary agreement involving two or more potential participants shall be initiated and chaired by the Administrator or other regular full-time Federal employee designated by him. (b) DOE shall provide notice of meetings held pursuant to this subpart, in writing, to the Attorney General, the Federal Trade Commission, and to the Speaker of the House and the President of the Senate for delivery to the appropriate committees of Congress, and to the public through publication in the Federal Register. Such notice shall identify the time, place, and agenda of the meeting, and such other matters as the Administrator deems appropriate. Notice in the Federal Register shall be published at least seven days prior to the date of the meeting. | ||||
| 10:10:3.0.1.1.5.2.9.3 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | B | Subpart B—Development of Voluntary Agreements | § 209.23 Conduct of meetings. | DOE | (a) Meetings to develop a voluntary agreement held pursuant to this subpart shall be open to all interested persons. Interested persons desiring to attend meetings under this subpart may be required pursuant to notice to advise the Administrator in advance. (b) Interested persons may, as set out in notice provided by the Administrator, present data, views, and arguments orally and in writing, subject to such reasonable limitations with respect to the manner of presentation as the Administrator may impose. | ||||
| 10:10:3.0.1.1.5.2.9.4 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | B | Subpart B—Development of Voluntary Agreements | § 209.24 Maintenance of records. | DOE | [41 FR 6754, Feb. 13, 1976, as amended at 43 FR 12854, Mar. 28, 1978; 46 FR 63209, Dec. 31, 1981] | (a) The Administrator shall keep a verbatim transcript of any meeting held pursuant to this subpart. (b)(1) Except as provided in paragraphs (b) (2) through (4) of this section, potential participants shall keep a full and complete record of any communications (other than in a meeting held pursuant to this subpart) between or among themselves for the purpose of developing a voluntary agreement under this part. When two or more potential participants are involved in such a communication, they may agree among themselves who shall keep such record. Such record shall include the names of the parties to the communication and the organizations, if any, which they represent; the date of the communication; the means of communication; and a description of the communication in sufficient detail to convey adequately its substance. (2) Where any communication is written (including, but not limited to, telex, telegraphic, telecopied, microfilmed and computer printout material), and where such communication demonstrates on it face that the originator or some other source furnished a copy of the communication to the Office of International Affairs, Department of Energy with the notation “Voluntary Agreement” marked on the first page of the document, no participant need record such a communication or send a further copy to the Department of Energy. The Department of Energy may, upon written notice to potential participants, from time to time, or with reference to particular types of documents, require deposit with other offices or officials of the Department of Energy. Where such communication demonstrates that it was sent to the Office of International Affairs, Department of Energy with the notation “Voluntary Agreement” marked on the first page of the document, or such other offices or officials in the Department of Energy has designated pursuant to this section it shall satisfy paragraph (c) of this section, for the purpose of deposit with the Department of Energy. (3) To the extent that any communication is procedural, ad… | |||
| 10:10:3.0.1.1.5.3.9.1 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | C | Subpart C—Carrying Out of Voluntary Agreements and Developing and Carrying Out of Plans of Actions | § 209.31 Purpose and scope. | DOE | This subpart establishes the standards and procedures by which persons engaged in the business of producing, transporting, refining, distributing, or storing petroleum products shall carry out voluntary agreements and develop and carry out plans of action which are required to implement the allocation and information provisions of the International Energy Program. | ||||
| 10:10:3.0.1.1.5.3.9.2 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | C | Subpart C—Carrying Out of Voluntary Agreements and Developing and Carrying Out of Plans of Actions | § 209.32 Initiation of meetings. | DOE | (a) Except for meetings of bodies created by the International Energy Agency, any meeting among participants in a voluntary agreement pursuant to this subpart, for the purpose of carrying out such voluntary agreement or developing or carrying out a plan of action pursuant thereto, shall be initiated and chaired by a full-time Federal employee designated by the Administrator. (b) Except as provided in paragraph (c) of this section, the Administrator shall provide notice of meetings held pursuant to this subpart, in writing, to the Attorney General, the Federal Trade Commission, and to the Speaker of the House and the President of the Senate for delivery to the appropriate committees of Congress. Except during an international energy supply emergency, notice shall also be provided to the public through publication in the Federal Register. Such notice shall identify the time, place, and agenda of the meeting. Notice in the Federal Register shall be published at least seven days prior to the date of the meeting unless emergency circumstances, IEP requirements or other unanticipated circumstances require the period to be shortened. (c) During an international energy supply emergency, advance notice shall be given to the Attorney General, the Federal Trade Commission and to the Speaker of the House and the President of the Senate for delivery to the appropriate committees of Congress. Such notice may be telephonic or by such other means as practicable, and shall be confirmed in writing. | ||||
| 10:10:3.0.1.1.5.3.9.3 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | C | Subpart C—Carrying Out of Voluntary Agreements and Developing and Carrying Out of Plans of Actions | § 209.33 Conduct of meetings. | DOE | (a) Subject to the provisions of paragraph (c) of this section, meetings held to carry out a voluntary agreement, or to develop or carry out a plan of action pursuant to this subpart, shall be open to all interested persons, subject to limitations of space. Interested persons desiring to attend meetings under this subpart may be required to advise the Administrator in advance. (b) Interested persons permitted to attend meetings under this section may present data, views, and arguments orally and in writing, subject to such limitations with respect to the manner of presentation as the Administrator may impose. (c) Meetings held pursuant to this subpart shall not be open to the public to the extent that the President or his delegate finds that disclosure of the proceedings beyond those authorized to attend would be detrimental to the foreign policy interests of the United States, and determines, in consultation with the Administrator, the Secretary of State, and the Attorney General, that a meeting shall not be open to interested persons or that attendance by interested persons shall be limited. (d) The requirements of this section do not apply to meetings of bodies created by the International Energy Agency except that no participant in a voluntary agreement may attend any meeting of any such body held to carry out a voluntary agreement or to develop or to carry out a plan of action unless a full-time Federal employee is present. | ||||
| 10:10:3.0.1.1.5.3.9.4 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | C | Subpart C—Carrying Out of Voluntary Agreements and Developing and Carrying Out of Plans of Actions | § 209.34 Maintenance of records. | DOE | [41 FR 6754, Feb. 13, 1976, as amended at 43 FR 12854, Mar. 28, 1978; 46 FR 63209, Dec. 31, 1981] | (a) The Administrator or his delegate shall keep a verbatim transcript of any meeting held pursuant to this subpart except where (1) due to considerations of time or other overriding circumstances, the keeping of a verbatim transcript is not practicable, or (2) principal participants in the meeting are representatives of foreign governments. If any such record other than a verbatim transcript, is kept by a designee who is not a full-time Federal employee, that record shall be submitted to the full-time Federal employee in attendance at the meeting who shall review the record, promptly make any changes he deems necessary to make the record full and complete, and shall notify the designee of such changes. (b)(1) Except as provided in paragraphs (b) (2) through (4) of this section, participants shall keep a full and complete record of any communication (other than in a meeting held pursuant to this subpart) between or among themselves or with any other member of a petroleum industry group created by the International Energy Agency, or subgroup thereof for the purpose of carrying out a voluntary agreement or developing or carrying out a plan of action under this subpart, except that where there are several communications within the same day involving the same participants, they may keep a cumulative record for the day. The parties to a communication may agree among themselves who shall keep such record. Such record shall include the names of the parties to the communication and the organizations, if any, which they represent; the date of communication; the means of communication, and a description of the communication in sufficient detail to convey adequately its substance. (2) Where any communication is written (including, but not limited to, telex, telegraphic, telecopied, microfilmed and computer printout material), and where such communication demonstrates on its face that the originator or some other source furnished a copy of the communication to the Office of International Affairs, Department of Energy with … | |||
| 10:10:3.0.1.1.5.4.9.1 | 10 | Energy | II | A | 209 | PART 209—INTERNATIONAL VOLUNTARY AGREEMENTS | D | Subpart D—Availability of Information Relating to Meetings and Communications | § 209.41 Availability of information relating to meetings and communications. | DOE | (a) Except as provided in paragraph (b) of this section, records or transcripts prepared pursuant to this subpart shall be available for public inspection and copying in accordance with section 552 of title 5, United States Code and part 202 of this title. (b) Matter may be withheld from disclosure under section 552(b) of title 5 only on the grounds specified in: (1) Section 552(b)(1), applicable to matter specifically required by Executive Order to be kept secret in the interest of the national defense or foreign policy. This section shall be interpreted to include matter protected under Executive Order No. 11652 of March 8, 1972, establishing categories and criteria for classification, as well as any other such orders dealing specifically with disclosure of IEP related materials; (2) Section 552(b)(3), applicable to matter specifically exempted from disclosure by statute; and (3) So much of section 552(b)(4) as relates to trade secrets. | ||||
| 17:17:3.0.1.1.7.0.17.1 | 17 | Commodity and Securities Exchanges | II | 209 | PART 209—FORMS PRESCRIBED UNDER THE COMMISSION'S RULES OF PRACTICE | § 209.0-1 Availability of forms. | SEC | [60 FR 32823, June 23, 1995, as amended at 73 FR 32227, June 5, 2008] | (a) This part identifies and describes the forms for use under the Securities and Exchange Commission's Rules of Practice, part 201 of this chapter. (b) Any person may obtain a copy of any form prescribed for use in this part by written request to the Securities and Exchange Commission, 100 F Street, NE., Washington, D.C. 20549. Any person may inspect the forms at this address and at the Commission's regional offices. (See § 200.11 of this chapter for the addresses of the SEC regional offices.) | ||||||
| 17:17:3.0.1.1.7.0.17.2 | 17 | Commodity and Securities Exchanges | II | 209 | PART 209—FORMS PRESCRIBED UNDER THE COMMISSION'S RULES OF PRACTICE | § 209.1 Form D-A: Disclosure of assets and financial information. | SEC | (a) Rules 410 and 630 of the Rules of Practice (17 CFR 201.410 and 201.630) provide that under certain circumstances a respondent who asserts or intends to assert an inability to pay disgorgement, interest or penalties may be required to disclose certain financial information. Unless otherwise ordered, this form may be used by individuals required to supply such information. (b) The respondent filing Form D-A is required promptly to notify the Commission of any material change in the answer to any question on this form. (c) Form D-A may not be withheld from the interested division. A respondent making financial information disclosures on this form after the institution of proceedings may make a motion, pursuant to Rule 322 of the Commission's Rules of Practice (17 CFR 201.322), for the issuance of a protective order to limit disclosure to the public or parties other than the interested division of the information submitted on Form D-A. A request for a protective order allows the requester an opportunity to justify the need for confidentiality. The making of a motion for a protective order, however, does not guarantee that disclosure will be limited. (d) No party receiving information for which a motion for a protective order has been made may transfer or convey the information to any other person prior to a ruling on the motion without the prior permission of the Commission or a hearing officer. (e) A person making financial information disclosures on Form D-A prior to the institution of proceedings, in connection with an offer of settlement or otherwise, may request confidential treatment of the information pursuant to the Freedom of Information Act. See the Commission's Freedom of Information Act (“FOIA”) regulations, 17 CFR 200.83. A request for confidential treatment allows the requester an opportunity to substantiate the need for confidentiality. No determination as to the validity of any request for confidential treatment will be made until a request for disclosure of the information under FOIA is rec… | |||||||
| 20:20:1.0.2.8.8.0.155.1 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.1 General. | SSA | Benefits under the Railroad Retirement Act are based in part upon an individual's years of service and amount of compensation credited to the individual under the Act. It is the duty of the Board to gather, keep and compile such records and data as may be necessary to assure proper administration of the Act. This part sets forth the types of reports employers are required to make to the Board and states the penalties that the Board may impose upon employers and employees who fail or refuse to make required reports. | ||||||
| 20:20:1.0.2.8.8.0.155.10 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.10 Terminated employers' reports. | SSA | [49 FR 46729, Nov. 28, 1984. Redesignated and amended at 63 FR 32613, June 15, 1998] | When an employer's status as an employer is terminated, a final report of creditable service and compensation shall be made. The final report shall be submitted to the Board on or before the last day of the month following the final month for which there was compensated service. The report shall be completed as prescribed in § 209.8(a) of this part and shall be marked Final Compensation Report. | |||||
| 20:20:1.0.2.8.8.0.155.11 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.11 Employee representatives' reports. | SSA | [63 FR 32613, June 15, 1998] | An individual claiming status as an employee representative shall describe his or her duties as an employee representative on the form prescribed by the Board. The Board shall determine whether the individual claiming to be an employee representative meets the requirements for such a status. If the individual is determined to be an employee representative, he or she is required to make an annual report of creditable compensation as provided for in § 209.8 of this part. If an employee representative's status is terminated, the last report of service and compensation shall be marked Final Compensation Report. | |||||
| 20:20:1.0.2.8.8.0.155.12 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.12 Certificates of service months and compensation. | SSA | [63 FR 32613, June 15, 1998] | (a) Each year the Board shall provide each employee who performed compensated service in the preceding calendar year a certificate of service months and compensation. This certificate is the employee's record of the service and compensation credited to his or her account at the Board. An employee who for any reason does not receive a certificate may obtain one from the nearest Board district office or may write the Board for one. (b) By April 1 of each year each employer shall provide the Board the current address of each employee for whom it had reported compensation. This requirement shall not apply in the case of an employee for whom the employer had previously provided an address. | |||||
| 20:20:1.0.2.8.8.0.155.13 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.13 Employers' gross earnings reports. | SSA | [49 FR 46729, Nov. 28, 1984, as amended at 55 FR 26430, June 28, 1990; 57 FR 4365, Feb. 5, 1992; 59 FR 2292, Jan. 14, 1994. Redesignated and amended at 63 FR 32613, 32614, June 15, 1998] | (a) Each employer is required to report the gross earnings of a one-percent sample group of railroad employees. The gross earnings sample is based on the earnings of employees whose social security numbers end with the digits 30. This report is used to determine: (1) Tax and benefit amounts involved in the Financial Interchange with the Social Security Administration and the Health Care Financing Administration; and (2) Estimated tax income accruing to the railroad retirement system in future periods. (b) Employers shall submit reports annually for employees in the gross earnings sample. Such reports shall include the employee's gross annual earnings, which includes all compensation taxable under the hospital insurance portion of the tier I tax rate. Employers with 5,000 or more employees shall provide a monthly or quarterly breakdown of the year's earnings. Employers with fewer than 5,000 employees may submit an annual amount only, although a monthly or quarterly breakdown is preferable. Gross earnings are to be counted for the same time period as used in determining the employer's annual report of creditable compensation. The reports are to be prepared in accordance with prescribed instructions and filed in accordance with § 209.4 of this part. | |||||
| 20:20:1.0.2.8.8.0.155.14 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.14 Report of separation allowances subject to tier II taxation. | SSA | [63 FR 32614, June 15, 1998] | For any employee who is paid a separation payment, the employer must file a report of the amount of the payment. This report shall be submitted to the Board on or before the last day of the month following the end of the calendar quarter in which payment is made. The report is to be prepared in accordance with prescribed instructions and filed in accordance with § 209.4 of this part. | |||||
| 20:20:1.0.2.8.8.0.155.15 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.15 Compensation reportable when paid. | SSA | [58 FR 45250, Aug. 27, 1993, as amended at 63 FR 32614, June 15, 1998] | (a) General. In preparing a report required under this part, an employer may report compensation in the report required for the year in which the compensation was paid even though such compensation was earned by the employee in a previous year. If compensation is reported with respect to the year in which it was paid, it shall be credited by the Board to the employee in such year unless within the four year period provided in § 211.15 of this chapter the employee requests that such compensation be credited to the year in which it was earned. If the employee makes such a request, and the Board determines that the compensation should be credited to the year in which it was earned, the reporting employer must file an adjustment report as required by § 209.9 of this part which reports such compensation in the year in which it was earned. The employee may revoke his or her request anytime prior to the filing of the adjustment report. Upon the Board's receipt of the adjustment report, the request becomes irrevocable. (b) Pay for time lost. Compensation which is pay for time lost, as provided in § 211.3 of this chapter, shall be reported with respect to the period in which the time and compensation were lost. For example, if an employee is off work because of an on-the-job injury for a period of months in a given year and in a later year receives a payment from his or her employer to compensate for wages lost during the period of absence, the employer must, by way of adjustment provided for in § 209.9 of this part, report the compensation with respect to the year in which the time and compensation were lost. (c) Separation allowance or severance pay. A separation allowance or severance payment shall be reported in accordance with § 209.14 of this part. (d) Miscellaneous pay. Miscellaneous pay, as defined in § 211.11 of this chapter, shall be reported in the year paid and reported on the annual report of compensation as provided for in § 209.8 of this part. (e) Vacation pay. Vacation pay may be reported in … | |||||
| 20:20:1.0.2.8.8.0.155.16 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.16 Disposal of payroll records. | SSA | [61 FR 31395, June 20, 1996] | Employers may dispose of payroll records for periods subsequent to 1936, provided that the payroll records are more than five years old and that there is no dispute pending pertaining to the compensation reported for the period of those records. | |||||
| 20:20:1.0.2.8.8.0.155.17 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.17 Use of payroll records as returns of compensation. | SSA | [61 FR 31395, June 20, 1996] | Payroll records of employers which have permanently ceased operations may be accepted in lieu of prescribed reports provided that there is no official of the employer available to prepare and certify to the accuracy of such reports and, provided further that any employer and employee tax liability incurred under the Railroad Retirement Tax Act has been discharged. | |||||
| 20:20:1.0.2.8.8.0.155.2 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.2 Duty to furnish information and records. | SSA | [49 FR 46729, Nov. 2, 1984, as amended at 52 FR 11016, Apr. 6, 1987] | In the administration of the Railroad Retirement Act of 1974, the Board may require any employer or employee to furnish or submit any information, records, contracts, documents, reports or other materials within their possession or control, that, in the judgment of the Board, may have any bearing upon: (a) The employer status of any individual, person or company, (b) The employee or pension status of any individual, (c) The amount and creditability of service and compensation, or (d) Any other matter arising which involves the administration of the Railroad Retirement Act. Any person who knowingly fails or refuses to make any report or furnish any information required by the Board, may be punished by a fine of not more than $10,000 or by imprisonment not exceeding one year, or both. | |||||
| 20:20:1.0.2.8.8.0.155.3 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.3 Social security number required. | SSA | [63 FR 32613, June 15, 1998] | Each employer shall furnish to the Board a social security number for each employee for whom any report is submitted to the Board. Employers are encouraged to validate any social security number provided under this section. | |||||
| 20:20:1.0.2.8.8.0.155.4 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.4 Method of filing. | SSA | [63 FR 32613, June 15, 1998] | Any report or information required to be furnished under this part shall be prepared in accordance with instructions of the Board and shall be filed with the Board electronically, which includes the use of magnetic tape, computer diskette, electronic data interchange, or on such form as prescribed by the Board. If not filed electronically, reports shall be transmitted by facsimile or mailed directly to the Board. Any report which includes, or should include, information for 250 or more employees must be filed electronically, as described in this section. | |||||
| 20:20:1.0.2.8.8.0.155.5 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.5 Information regarding change in status. | SSA | [49 FR 46729, Nov. 28, 1984. Redesignated at 63 FR 32613, June 15, 1998] | It is the duty of each employer to promptly notify the Board of: (a) Any change in the employer's operations, ownership or control of the employer which affects its status as an employer under the Railroad Retirement Act and the Railroad Unemployment Insurance Act; (b) Any change in the ownership or control by the employer in any company which may affect the status of the company as an employer under the Railroad Retirement Act or Railroad Unemployment Insurance Act; and (c) The gain of ownership or control by the employer of any company which may give that company status as an employer under the Railroad Retirement Act and Railroad Unemployment Insurance Act. The notice must fully advise the Board of the type of change in ownership, the date of the change, the number of employees affected by the change and any other information pertinent to the change. | |||||
| 20:20:1.0.2.8.8.0.155.6 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.6 Employers' notice of death of employees. | SSA | [63 FR 32613, June 15, 1998] | Each employer shall notify the Board immediately of the death of an employee who, prior to the employee's death, performed compensated service which has not been reported to the Board. | |||||
| 20:20:1.0.2.8.8.0.155.7 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.7 Employers' supplemental reports of service. | SSA | [63 FR 32613, June 15, 1998] | Each employer shall furnish the Board a report of the current year service of each employee who ceases work for the purpose of retiring under the provisions of the Railroad Retirement Act. | |||||
| 20:20:1.0.2.8.8.0.155.8 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.8 Employers' annual reports of creditable service and compensation. | SSA | [63 FR 32613, June 15, 1998] | Each year, on or before the last day of February, each employer is required to make an annual report of the creditable service and compensation (including a report that there is no compensation or service to report) of employees who performed compensated service in the preceding calendar year. The annual report shall include service and compensation previously furnished in supplemental reports and notices of death. | |||||
| 20:20:1.0.2.8.8.0.155.9 | 20 | Employees' Benefits | II | B | 209 | PART 209—RAILROAD EMPLOYERS' REPORTS AND RESPONSIBILITIES | § 209.9 Employers' adjustment reports. | SSA | [49 FR 46729, Nov. 28, 1984. Redesignated and amended at 63 FR 32613, June 15, 1998] | (a) The Board may request employers to submit adjustments to correct employee accounts when: (1) Errors are detected in processing employers' annual report; (2) An employee shows that the amount of service or compensation reported by the employer to the employee's account was not correct; or (3) An employee shows that he or she should have been credited with service and compensation for a period for which the employer reported no service and compensation. (b) Employers may submit adjustment reports to: (1) Correct service and compensation previously reported; and (2) Report service and compensation that was omitted from a previous report. (c) Employers submitting adjustment reports covering pay for time lost as an employee shall report this compensation as provided for in § 211.3 of this chapter. Adjustment reports may be submitted to the Board each month. | |||||
| 21:21:4.0.1.1.9.1.1.1 | 21 | Food and Drugs | I | C | 209 | PART 209—REQUIREMENT FOR AUTHORIZED DISPENSERS AND PHARMACIES TO DISTRIBUTE A SIDE EFFECTS STATEMENT | A | Subpart A—General Provisions | § 209.1 Scope and purpose. | FDA | (a) This part sets forth requirements for human prescription drug products approved under section 505 of the Federal Food, Drug, and Cosmetic Act and dispensed by authorized dispensers and pharmacies to consumers. This part requires distribution of a side effects statement and applies to new and refill prescriptions. This part is not intended to apply to authorized dispensers dispensing or administering prescription drug products to inpatients in a hospital or health care facility under an order of a licensed practitioner, or as part of supervised home health care. (b) The purpose of providing the side effects statement is to enable consumers to report side effects of prescription drug products to FDA. | ||||
| 21:21:4.0.1.1.9.1.1.2 | 21 | Food and Drugs | I | C | 209 | PART 209—REQUIREMENT FOR AUTHORIZED DISPENSERS AND PHARMACIES TO DISTRIBUTE A SIDE EFFECTS STATEMENT | A | Subpart A—General Provisions | § 209.2 Definitions. | FDA | For the purposes of this part, the following definitions apply: Act means the Federal Food, Drug, and Cosmetic Act (sections 201-907 (21 U.S.C. 301-397)). Authorized dispenser means an individual licensed, registered, or otherwise permitted by the jurisdiction in which the individual practices to provide drug products on prescription in the course of professional practice. Consumer medication information means written information voluntarily provided to consumers by dispensing pharmacists as part of patient medication counseling activities. Medication Guide means FDA-approved patient labeling conforming to the specifications set forth in part 208 of this chapter and other applicable regulations. Pharmacy includes, but is not limited to, a retail, mail order, Internet, hospital, university, or clinic pharmacy, or a public health agency, regularly and lawfully engaged in dispensing prescription drugs. Side effects statement means the following verbatim statement: “Call your doctor for medical advice about side effects. You may report side effects to FDA at 1-800-FDA-1088.” | ||||
| 21:21:4.0.1.1.9.2.1.1 | 21 | Food and Drugs | I | C | 209 | PART 209—REQUIREMENT FOR AUTHORIZED DISPENSERS AND PHARMACIES TO DISTRIBUTE A SIDE EFFECTS STATEMENT | B | Subpart B—Requirements | § 209.10 Content and format of the side effects statement. | FDA | (a) Content. The side effects statement provided with each prescription drug product approved under section 505 of the act must read: “Call your doctor for medical advice about side effects. You may report side effects to FDA at 1-800-FDA-1088.” (b) Format. The side effects statement must be in a single, clear, easy-to-read type style. The letter height or type size used for the side effects statement in accordance with paragraphs (b)(1) and (b)(2) of § 209.11 must be no smaller than 6 points (1 point = 0.0138 inch). The letter height or type size for the side effects statement under paragraphs (b)(3), (b)(4), and (b)(5) of § 209.11 must be no smaller than 10 points. | ||||
| 21:21:4.0.1.1.9.2.1.2 | 21 | Food and Drugs | I | C | 209 | PART 209—REQUIREMENT FOR AUTHORIZED DISPENSERS AND PHARMACIES TO DISTRIBUTE A SIDE EFFECTS STATEMENT | B | Subpart B—Requirements | § 209.11 Dispensing and distributing the side effects statement. | FDA | (a) Each authorized dispenser or pharmacy must distribute the side effects statement with each prescription drug product approved under section 505 of the act and dispensed. The side effects statement must be distributed with new and refill prescriptions. (b) An authorized dispenser or pharmacy must choose one or more of the following options to distribute the side effects statement: (1) Distribute the side effects statement on a sticker attached to the unit package, vial, or container of the drug product; (2) Distribute the side effects statement on a preprinted pharmacy prescription vial cap; (3) Distribute the side effects statement on a separate sheet of paper; (4) Distribute the side effects statement in consumer medication information; or (5) Distribute the appropriate FDA-approved Medication Guide that contains the side effects statement. | ||||
| 33:33:3.0.1.1.5.0.1.1 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.50 Mississippi River Commission: Public observation of Commission meetings. | USACE | [42 FR 13286, Mar. 10, 1977] | (a) Purpose. (1) The purpose of this regulation is to afford to the public, to the fullest possible extent, information regarding the decisionmaking processes of the Mississippi River Commission and to open all meetings of the Mississippi River Commission to public observation except in instances where a portion or portions of a meeting may be closed to the public in accordance with this regulation in order to protect the rights of individuals and/or in order to permit the Mississippi River Commission to carry out its statutory and assigned functions and responsibilities. This regulation is issued in accordance with section (g) of the Government in the Sunshine Act and implements sections (b) through (f) of said Act (5 U.S.C. 552b (b) through (f)). (2) Public observation of Mississippi River Commission meetings includes public participation in the deliberations of the Commission only to the extent specifically provide in public notices of such meetings. (b) Definitions. The following definitions apply to the regulation in this section. (1) Commission means The Mississippi River Commission. (2) President means the duly appointed President and Executive Officer of the Commission. (3) Commissioner means a duly appointed member of the Commission. (4) Secretary means the Secretary of the Commission. (5) Chief Legal Officer means the Division Counsel or the acting Division Counsel of the Lower Mississippi Valley Division, Corps of Engineers. (6) Meeting means the deliberations of at least a majority of the Commissioners where such deliberations determine or result in the joint conduct or disposition of official Commission business, but does not include: (i) Deliberations of the Commission in determining whether or not to close a portion or portions of a meeting in accordance with paragraphs (e)(4) and (e)(5) of this section. (ii) Deliberations of the Commission in determining whether or not to withhold from disclosure information pertaining to a portion or portions of a meeting as provided in … | ||||||
| 33:33:3.0.1.1.5.0.1.10 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.200 Regulations governing navigable waters. | USACE | [33 FR 18670, Dec. 18, 1968, as amended at 51 FR 45765, Dec. 22, 1986; 52 FR 24157, June 29, 1987] | (a) Publication of regulations. (1) Regulations prescribed by or under the direction of the Secretary of the Army to govern navigation and navigable waters, are contained in the Code of Federal Regulations, title 33, Navigation and Navigable Waters, Chapter II. (2) District engineers (or division engineers if considered preferable by the latter to avoid duplication in cases where the regulations involved apply to more than one district) will distribute copies of departmental regulations to all known interested parties as soon as their publication has been noted in the Federal Register. In the case of regulations applicable to more than one division, distribution will be handled as agreed upon by the division engineers concerned. Under the Administrative Procedure Act (5 U.S.C. 551-553), publication in the Federal Register shall be not less than 30 days prior to the effective date except as otherwise provided upon good cause found and published with the regulations. (b) Navigation regulations. (1) Section 7 of the River and Harbor Act approved August 8, 1917 (40 Stat. 266; 33 U.S.C. 1) authorizes the Secretary of the Army to prescribe such regulations for the use, administration, and navigation of the navigable waters of the United States as public necessity may require for the protection of life and property, or for operations of the United States in channel improvement, covering all matters not specifically delegated by law to some other executive department. The statute provides for the posting of regulations and punishment for violations. (2) Section 6 of the River and Harbor Act approved June 13, 1902 (32 Stat. 374; 33 U.S.C. 499) provides that regulations prescribed by the Secretary of the Army may be enforced as provided in section 17 of the River and Harbor Act approved March 3, 1899 (30 Stat. 1153; 33 U.S.C. 413). (3) District Engineers will take action with respect to regulations prescribed for waterways under their jurisdiction: (i) To insure that the regulations are brought to the attentio… | ||||||
| 33:33:3.0.1.1.5.0.1.11 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.220 Flood control regulations. | USACE | (a) Local protection works. On projects authorized subject to specified conditions of local cooperation, no construction is undertaken by the Department of the Army until satisfactory assurances of the required local cooperation have been accepted by the Secretary of the Army and until any lands, easements, and rights-of-way required to be furnished by local interests have been made available for at least a complete unit of the project. The District Engineers notify local interests concerned of the requirements of local cooperation and request assurances by registered mail prior to the preparation of final plans and specifications. Regulations prescribed by the Secretary of the Army for the maintenance and operation of local flood protection works are contained in § 208.10 of this chapter. When assurances satisfactory to the District Engineer are received, they are forwarded through the Division Engineer to the Chief of Engineers for consideration of the Secretary of the Army. The District Engineers advise local interests of the action taken by the Department. Completed projects or completed useful units thereof are normally turned over to local interests for maintenance and operation as soon as the construction and testing of equipment is completed and the project is in proper condition for the assumption of maintenance and operation by local interests. The transfer is accomplished by formal notice from the District Engineer to the local interests that the completed facilities are being turned over to them for maintenance and operation as of a specific date. During construction, District Engineers keep the local interests concerned advised as to the probable date of transfer. (b) Use of storage allocated for flood control or navigation at reservoirs constructed wholly or in part with Federal funds. Regulations prescribed by the Secretary of the Army in accordance with section 7 of the Flood Control Act of December 22, 1944 (58 Stat. 890; 33 U.S.C. 709) are for the purpose of coordinating the operation of th… | |||||||
| 33:33:3.0.1.1.5.0.1.12 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.230 Use of reservoir areas for recreation. | USACE | The Department of the Army in accordance with Section 4 of the Flood Control Act of December 22, 1944, as amended by section 4 of the Flood Control Act of July 24, 1946 (60 Stat. 641) prepares and administers plans to obtain the maximum sustained public benefit from the use of reservoir areas under its control for recreation and other related purposes, when such use is consistent with the operation and maintenance of the reservoir project for the specific purposes of the reservoir project as authorized by law and when such use is determined not to be contrary to the public interest. The plans are prepared and administered by the District Engineers, subject to review and approval of the Division Engineers and the Chief of Engineers, in close cooperation with other Federal agencies and local interests. The views and desires of these agencies and local interests are obtained normally by conferences with the District Engineers. In many cases, public hearings are held by the District Engineers at appropriate times in the vicinity of the reservoir area at which time anyone can express his views relative to these plans for consideration of the Department of the Army. Rules and regulations are prescribed by the Secretary of the Army to govern the public use of the reservoir areas in accordance with the law as a part of the master plan for recreational and related uses of the reservoir area. These rules and regulations are published in 36 CFR parts 311 to 326. Licenses and leases are granted under the law containing conditions and provisions to govern the use of specific portions of the reservoir area. Full information concerning such matters may be obtained from the District Engineer in charge of the reservoir. | |||||||
| 33:33:3.0.1.1.5.0.1.13 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.300 Flood control regulations. | USACE | (a) Regulations for the operation and maintenance of local flood protection works approved by the Secretary of the Army under the authority contained in Section 3 of the Flood Control Act of June 22, 1936, as amended and supplemented, are codified as § 208.10 of this chapter. These regulations cover conditions normally and regularly required. Whenever the regulations are not sufficiently broad to cover the specific maintenance and operation requirements of a particular project, District Engineers will submit through the Division Engineers recommended additional regulations needed for that particular project. Such supplemental regulations will require approval of the Secretary of the Army and will be made applicable only to the individual project concerned. Local interests will be advised of the approved regulations for operation and maintenance of local flood protection works at the time assurances of local cooperation are requested. District Engineers will keep informed as to the extent of compliance with approved regulations for operation and maintenance through regular, periodic inspection of the projects concerned and through careful analysis of the semiannual reports which the operating and maintaining agencies are required to submit in accordance with the regulations. The District Engineer's views as to any measures required to conform to the approved regulations will be furnished to the agencies responsible. In any case where the District Engineer has been unable to arrange satisfactory compliance or where there is question or disagreement as to the measures required for compliance, a report of the circumstances, together with the recommendations of the District and Division Engineers, will be submitted to the Chief of Engineers for consideration. (b) Regulations for the use of storage allocated for flood control or navigation at reservoirs constructed wholly or in part with Federal funds provided on the basis of such purposes, are contained in § 208.16 et seq. of this chapter. | |||||||
| 33:33:3.0.1.1.5.0.1.14 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.310 Representation of submarine cables and pipelines on nautical charts. | USACE | [51 FR 45765, Dec. 22, 1986] | (a) The policy of the Corps of Engineers with respect to showing the locations of submarine cables and pipelines on nautical charts published by the Corps of Engineers is as follows: (1) Within protected waters such as harbors, rivers, bays, estuaries or other inland waterways the location of submarine cables and pipelines is to be indicated by shaded areas marked “Pipeline area” or “Cable area”. The extent of the limits of the area will be governed by local conditions but shall include the immediate area which overlies the cable or pipeline. (2) Ordinarily, the shaded area on a chart which depicts a cable area or pipeline area should not exceed 500 feet on each side of the location of the cable or pipeline except on small scale charts where an area of that width would not be of sufficient prominence. (3) The shaded area will be designated “cable area” or “pipeline area” as appropriate, but no other information as to the character or ownership of the installation will appear on the chart. (b) District engineers will furnish copies of all permits issued for submarine cable and pipelines to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service, ATTN: N/CG222, Rockville, MD 20852, with his/her recommendation of whether or not the installation should be shown on NOAA nautical charts. National Ocean Service must be notified of the commencement and completion dates for all permitted activities under this section. (Note: Decisions to publish these cables and pipelines on NOAA nautical charts lie solely within NOAA's discretion.) | ||||||
| 33:33:3.0.1.1.5.0.1.15 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.315 Public access to navigation works. | USACE | While the regulations prescribed by the Secretary of the army for various navigation improvements usually strictly prohibit trespass on Government property, those regulations will not be construed as prohibiting access to navigation works of general public interest subject to the following criteria: (a) The public will not be permitted in areas where their presence would subject themselves or Government operating personnel to serious accident hazards. (b) The public will not be permitted in areas where their presence would interfere with any phases of navigation operations. (c) The public will be given access to all areas other than those specified under paragraphs (a) and (b) of this section, subject only to the normal legal requirements with respect to property and personal rights. | |||||||
| 33:33:3.0.1.1.5.0.1.16 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.320 Policy on release of commercial statistics. | USACE | The collection of commercial statistics pertaining to rivers, harbors, and waterways, and annual reports thereof to Congress, are required by the River and Harbor Act of June 23, 1866 (14 Stat. 70), the act of February 21, 1891 (26 Stat. 766), the River and Harbor Act of June 13, 1902 (32 Stat. 376), the River and Harbor Act of July 25, 1912 (37 Stat. 201), the River and Harbor Act of September 22, 1922 (42 Stat. 1043), and Pub. L. No. 16, February 10, 1932 (47 Stat. 42). It is the policy of the Department to hold in strict confidence any data or information which has been furnished by shippers and others upon the understanding that it will not be disclosed and will only be used in the compilation of port or waterway statistics. In case Federal or State agencies or local interests request other than general information made permissible hereunder, their attention will be called to the policy indicated in this section. | |||||||
| 33:33:3.0.1.1.5.0.1.17 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.325 Navigation lights, aids to navigation, navigation charts, and related data policy, practices and procedure. | USACE | [43 FR 19661, May 8, 1978] | (a) Purpose. This regulation prescribes the policy, practice and procedure to be used by all Corps of Engineers installations and activities in connection with aids to navigation, chart data, and publication of information on Civil Works activities. (b) This regulation will be applied by all elements of the Corps of Engineers with Civil Works responsibilities. (c) Reference. Public Law 85-480, Publication Authority (72 Stat. 279). (d) Cooperation with Coast Guard. (1) District Engineers will consult with the Coast Guard District Commander during design of channel and harbor improvement projects to discuss the aids to navigation requirements and all other facets of the projects that involve Coast Guard responsibility. Project material furnished direct to Coast Guard Commanders will include: (i) Information as to the authorization by Congress of a project involving changes affecting aids, such as channel limits, breakwaters, including a copy of the project document; (ii) The proposed operations on such projects during the next fiscal year, to be furnished annually on the release of the budget estimates; (iii) Plans showing the final location of the channel limits or structures to be furnished at the time work is undertaken. (2) Changes in channel limits affecting navigation aids, made under general or specific provisions of the law, should be made the subject of a conference with the Coast Guard District Commander. He will be promptly informed as to the approval of such changes and the probable date of completion of the work. (3) District Engineers will furnish direct to the various Coast Guard District Commanders, for their immediate information, any facts which may come to their attention in connection with their duties which will be of benefit to the Coast Guard in maintaining its system of aids to navigation. This should include statements as to the displacement of or defects in any such aids to navigation. (4) If work involving harbor or channel improvements directly affects any existing aids to… | ||||||
| 33:33:3.0.1.1.5.0.1.18 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.335 Publication. | USACE | (a) Section 4 of the Administrative Procedure Act requires publication of general notice of proposed rule making in the Federal Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law), except to the extent that there is involved: (1) Any military, naval, or foreign affairs function of the United States or (2) any matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. Except where notice of hearing is required by statute, this requirement does not apply to interpretative rules, general statements of policy, rules of agency organization, procedure, or practice, or in any situation in which the agency for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. (b) General notice of proposed rule making published in accordance with the above will include: (1) A statement of the time, place, and nature of public rule making proceedings; (2) reference to the authority under which the rule is proposed; and (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved. | |||||||
| 33:33:3.0.1.1.5.0.1.19 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.340 Laboratory investigations and materials testing. | USACE | [44 FR 50338, Aug. 28, 1979] | (a) Purpose. The purpose of this section is to define and establish policies and procedures applicable to the performance of investigations and tests at Corps of Engineers laboratory installations for other governmental agencies and private organizations. (b) Applicability. This regulation applies to Corps of Engineers Divisions and Districts operating soils, concrete, water quality and hydraulic laboratories, and to the Inter-Agency Sedimentation Project. (c) References. (1) AR 37-20. (2) AR 37-27. (3) ER 1-1-6. (4) ER 10-1-3, Appendix XIII. (5) ER 1110-1-8100. (6) ER 1140-2-303. (d) Policy. Subject to the authority limitations contained in paragraph (f) of this section, laboratory investigations and materials testing may be performed for other agencies of the Federal Government, State and local units of government, foreign governments and private firms under the following conditions: (1) The work will be performed on a cost reimbursable basis. (2) Work may be performed for State and local units of government, foreign governments or private firms only when it is firmly established that private commercial laboratory facilities capable of performing such work are not available, or because of location or for other reasons it is clearly impractical to utilize such private commercial laboratory services. The requesting entity must further certify that such services cannot be procured reasonably and expeditiously through ordinary business channels. (3) Performance of the work will not interfere with provisions of services essential to the mission of the Corps. (4) Performance of the work will not require an increase in the permanent staff of the facility. (5) Performance of the work will not require expansion of normal facilities. (6) The work is within the scope of authorized activities of the laboratory at which the work is to be performed. (7) Performance of the work will not be adverse to the public interest. (8) Prior to undertaking laboratory investigations or materials testing for privat… | ||||||
| 33:33:3.0.1.1.5.0.1.2 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.138a Authorization for exploratory drilling in the Gulf of Santa Catalina, Calif. | USACE | [43 FR 28475, June 30, 1978] | (a) Department of the Army authorization is required pursuant to section 4(f) of the Outer Continental Shelf Lands Act of 1953 (67 Stat. 462; 43 U.S.C. 1333(f)) in coastal waters and the water covering the Outer Continental Shelf. The determination whether or not to issue a Department of the Army authorization for structures on the Outer Continental Shelf related to exploration of minerals is based upon the proposed activities' effect on navigation and national security. All other matters concerning offshore drilling, including environmental considerations, are the responsibility of the Department of the Interior. (b) The following rules have been developed jointly by the Los Angeles district engineer and the 11th Coast Guard District, in consultation with the Bureau of Land Management and the U.S. Geological Survey for drilling in the Gulf of Santa Catalina: (1) All drilling with a single tract will be covered by a single application. (2) Where practicable, applications shall be submitted at least 120 days in advance of drilling for tracts where drilling is expected to be accomplished within the traffic separation scheme, the precautionary zone or within 2 nautical miles of a traffic lane. (3) Applications shall include the location of any known proposed drilling site and the estimated start and completion dates for each. Updated information on the plan shall be furnished as soon as available. One individual (and alternate) shall be designated by the applicant as responsible for maintaining close liaison with all involved agencies. (4) Where it is not feasible to perform exploratory work from outside the traffic lanes or 1/4 mile buffer zones, or precautionary zone, authorizations will include the following conditions: (i) Exploratory vessels within a traffic lane will, to the degree practicable, be sited near traffic lane boundaries. (ii) Exploratory vessels within one traffic lane, or in the precautionary zone, shall be separated by at least 8 nautical miles in the direction of the lane axis. (iii) … | ||||||
| 33:33:3.0.1.1.5.0.1.20 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.345 Water resource policies and authorities. | USACE | (a) Purpose. This regulation gives general instructions on use of section 215 of the Flood Control Act of 1968 (Pub. L. 90-483) to reimburse a non-Federal public body for construction of part of an authorized Federal project, part of an authorized Federal project. It establishes general policies, outlines procedures to be followed in reaching an agreement with an eligible non-Federal entity, and provides guidance on the provisions of such an agreement. All authorized projects are subject to this Act and regulation. (b) Applicability. This regulation applies to all field operating agencies having Civil Works responsibilities. (c) References. (1) Section 215, FCA of 1968 (Pub. L. 90-483, 42 U.S.C. 1962d-5a.). (APP A, this regulation). (2) Senate Document No. 10, 90th Congress, 1st Session, “Study of Federal Reimbursement Policy for Work by States and other Non-Federal Entities on Authorized Water Resources Projects.” (3) Section 221, FCA of 1970 (Pub. L. 91-611, 42 U.S.C. 1962d-5b). (4) ER 405-2-680. (5) ER 1140-2-301. (6) ER 1180-1-1, (para. A-310, App. A). (d) General policy. (1) The specific limitations put upon the allotment of funds authorized by section 215 indicate that only limited use should be made of the authority. It will, therefore, be Corps of Engineers policy to restrict the use of this authority to cases that meet all of the following conditions: (i) The work, even if the Federal Government does not complete the authorized project, will be separately useful or will be an integral part of a larger non-Federal undertaking that is separately useful; (ii) The work done by the non-Federal entity will not create a potential hazard; (iii) Approval of the proposal will be in the general public interest; (iv) Only work commenced after project authorization and execution of an agreement pursuant to this Regulation will be eligible for reimbursement or credit; (v) Proposed reimbursement will not exceed the amount that the District Engineer considers a reasonable estimate of the reduction i… | |||||||
| 33:33:3.0.1.1.5.0.1.3 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.140 Operations of the Corps of Engineers under the Federal Power Act. | USACE | [33 FR 18670, Dec. 18, 1968, as amended at 40 FR 17023, Apr. 16, 1975] | (a) General. This section outlines policies and procedures applicable to those operations in which the Corps of Engineers may be called upon to participate under the Federal Power Act. Such operations include: Investigations and reports on applications for permits and licenses for development of power affecting navigable waters; supervision of investigations, construction, and operation of projects under such permits and licenses; preparation of special reports as required by the Federal Power Commission; and review of plans of dams or other structures affecting navigation. The foregoing functions are performed by the Corps of Engineers only upon request of the Federal Power Commission. (b) Authority of Division and District Engineers. Section 2 of the revised Federal Power Act provides that the Federal Power Commission may request the President to detail an officer or officers from the Corps of Engineers, or other branches of the United States Army, to serve the Commission as Engineer officer or officers, or in any other capacity, in field work outside the seat of government, their duties to be prescribed by the Commission. By authority of the Secretary of the Army, and in accordance with the instructions issued by the President in a letter to the Secretary of the Army dated May 18, 1931, Division Engineers will be detailed to serve the Commission as engineer officers in field work outside the seat of government, their duties to be prescribed by the Commission, and to be performed under the supervision of the Chief of Engineers. District Engineers will be designated to carry out the field inspections and investigations under supervision of the Division Engineer. When a Division Engineer is detailed by the Chief of Engineers to assist the Commission in either the investigation or supervision of a project he will be the accredited representative of the Commission. The actual field work will be done by the designated District Engineer who will make a report to the Division Engineer. All reports and such corres… | ||||||
| 33:33:3.0.1.1.5.0.1.4 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.141 Coordination of hydroelectric power operations with power marketing agencies. | USACE | [43 FR 8258, Mar. 1, 1978] | (a) Purpose. This regulation establishes policies and procedures for coordinating the operation of the Corps of Engineers' hydroelectric generating facilities with the power marketing agencies. (b) Applicability. This regulation applies to all civil works field operating agencies (FOA) having generating facilities producing marketable electric power. (c) References. (1) Section 5, Pub. L. 534, 78th Congress, Flood Control Act of 1944, December 22, 1944 (58 Stat. 889). (2) Section 302, Pub. L. 95-91, 95th Congress, Department of Energy Organization Act, August 4, 1977 (91 Stat. 565). (d) Background. Section 5 of the Act of December 22, 1944 (Pub. L. 534, 78th Congress), provides that electric power and energy generated at reservoir projects under the control of the Department of the Army and in the opinion of the Secretary of Army not required in the operation of such projects shall be delivered to the Secretary of Interior for transmittal and disposal in a manner to encourage the most widespread use thereof at the lowest possible rates to consumers consistent with sound business principles. Section 302 of the Department of Energy Organization Act (Pub. L. 95-91) transfers all functions of the Secretary of Interior under section 5 of the 1944 Act to the Secretary of Energy together with all other functions of the Secretary of Interior, and officers and components of the Department of the Interior, with respect to the Southeastern Power Administration; the Southwestern Power Administration; the Alaska Power Administration; the Bonneville Power Administration; and the power marketing functions of the Bureau of Reclamation. (e) Policies. (1) The Corps is responsible for operating the hydroelectric power projects and providing information affecting cost and availability of power to the power marketing agencies. Marketing the generated power declared excess to the needs of the projects and recovering Federal investment are the responsibilities of the power marketing agencies. (2) All FOA Commanders will… | ||||||
| 33:33:3.0.1.1.5.0.1.5 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.155 Expenditure of Federal funds for work shoreward of harbor lines. | USACE | (a) Section 5 of the River and Harbor Act of July 13, 1892 (27 Stat. 111; 33 U.S.C. 628), prohibits the expenditure of money appropriated for the improvement of rivers and harbors for dredging inside of harbor lines duly established. (b) It is not the policy of the Department to expend Federal funds for the removal of wrecks or other obstructions shoreward of established harbor lines. | |||||||
| 33:33:3.0.1.1.5.0.1.6 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.160 The California Debris Commission. | USACE | Section 1 of the Act of Congress of March 1, 1893 (27 Stat. 507; 33 U.S.C. 661), created the California Debris Commission, consisting of three officers of the Corps of Engineers, to regulate under the supervision of the Chief of Engineers and direction of the Secretary of the Army, hydraulic mining in the territory drained by the Sacramento and San Joaquin River systems, California. Under section 9 of the act (27 Stat. 508; 33 U.S.C. 669), the individual proprietor or proprietors, or in case of a corporation, its manager or agent appointed for that purpose, owning mining ground in this territory which it is desired to work by the hydraulic process, must file with the Commission a verified petition, setting forth such facts as will comply with law and the rules prescribed by the Commission. The law contains detailed instructions with regard to facts required to be shown by the petitioner and the procedure to be followed by the Commission in issuing an order directing the methods and specifying the manner in which operations shall proceed. Full information on law and procedure can be obtained from the Secretary, California Debris Commission, 650 Capitol Mall, Sacramento, California 95814. | |||||||
| 33:33:3.0.1.1.5.0.1.7 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.170 Violations of laws protecting navigable waters. | USACE | [33 FR 18670, Dec. 18, 1968, as amended at 36 FR 17855, Sept. 4, 1971; 51 FR 45765, Dec. 22, 1986; 53 FR 27512, July 21, 1988] | (a) [Reserved] (b) Injuries to Government works. Section 14 of the River and Harbor Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 408), makes it unlawful for any person or persons to take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to prevent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material composing such works. (The Secretary of the Army may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judgment such occupation or use will not be injurious to the public interest). (c) Injurious deposits. (1) Section 13 of the River and Harbor Act of March 3, 1899 (30 Stat. 1152; 33 U.S.C. 407), makes it unlawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft, or from the shore, wharf, manufacturing establishment, or mill, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water, or to deposit or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water or on the bank of any tributary of any navigable water, where the same … | ||||||
| 33:33:3.0.1.1.5.0.1.8 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.180 Temporary closure of waterway to navigation. | USACE | (a) When an application is received for the temporary closure of a waterway for the construction of a structure or the performance of other work in the waterway, the District Engineer will assure himself of the necessity for the closure and arrange after informal communication with any important navigation interests concerned the time and duration of the closure which will enable the operations to be completed with the least interference with navigation. If there is no question as to the necessity and propriety of the closure, the District Engineer is authorized to inform the applicant as follows: “The Department of the Army will interpose no objection to the closure for a stated period beginning at a specified date: Provided, That prior thereto the applicant will notify navigation interests by an advertisement in the press or otherwise as the District Engineer may approve and on the understanding that the waiver of objection does not affect the liability of the applicant for any damages that may arise by reason of the closure.” The letter to the applicant will be signed “By Authority of the Secretary of the Army” and distribution made as prescribed for permits. (b) District Engineers will give careful consideration to the effect of any closure on through navigation. Should coordination with other districts be necessary the case will be forwarded to the Division Engineer for such coordination. (c) Cases not falling within the authority above conferred will be forwarded to the Chief of Engineers with the recommendations of the Division and District Engineers. | |||||||
| 33:33:3.0.1.1.5.0.1.9 | 33 | Navigation and Navigable Waters | II | 209 | PART 209—ADMINISTRATIVE PROCEDURE | § 209.190 [Reserved] | USACE | ||||||||
| 40:40:27.0.1.2.12.1.17.1 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.1 Scope. | EPA | These rules of practice govern all proceedings conducted in the issuance of an order under section 11(d) of the Noise Control Act of 1972, 42 U.S.C. 4910. | ||||
| 40:40:27.0.1.2.12.1.17.10 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.10 Approval of plan, implementation. | EPA | (a) If the Administrator finds that the remedial plan is designed to remedy the noncompliance effectively, he or she will so notify the respondent in writing. If the remedial plan is not approved, the Administrator will provide the respondent with written notice of the disapproval and the reasons for the disapproval. The Administrator may give the respondent an opportunity to revise the plan, or the Administrator may revise the plan. (b) The respondent shall commence implementation of the approved plan upon receipt of notice from the Administrator that the remedial plan has been approved, or revised by the Administrator and then approved. | ||||
| 40:40:27.0.1.2.12.1.17.11 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.11 Filing and service. | EPA | (a) After an answer containing a written demand for a hearing has been filed, an original and two copies of all documents or papers required or permitted to be filed under these rules of practice shall be filed with the hearing clerk. (b) When a party files with the hearing clerk any pleadings, any additional issues for consideration at the hearing, or any written testimony, documents, papers, exhibits, or materials, proposed to be introduced into evidence or papers filed in connection with any appeal, it shall serve copies upon all other parties. A certificate of service shall be provided on or accompany each document or paper filed with the hearing clerk. Documents to be served upon the Director of the Noise Enforcement Division shall be mailed to: Director, Noise Enforcement Division, U.S. Environmental Protection Agency (EN-387), 1200 Pennsylvania Ave., NW., Washington, DC 20460. (c) Service by mail is complete upon mailing. Filing is completed when the document reaches the hearing clerk. It shall be timely if mailed within the time allowed for filing as determined by the postmark. | ||||
| 40:40:27.0.1.2.12.1.17.12 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.12 Time. | EPA | (a) In computing any period of time prescribed or allowed by these rules of practice, the day of the act or event from which the designated period of time begins to run shall not be included, except as otherwise provided. Saturdays, Sundays, and Federal legal holidays shall be included in computing any period allowed for the filing of any document or paper, except that when a period expires on a Saturday, Sunday, or Federal legal holiday, the period shall be extended to include the next following business day. (b) A prescribed period of time within which a party is required or permitted to do an act shall be computed from the time of service, except that when service is accomplished by mail, 3 days shall be added. | ||||
| 40:40:27.0.1.2.12.1.17.13 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.13 Consolidation. | EPA | The Administrator or the administrative law judge may consolidate two or more proceedings to be held under this section for resolving one or more issues whenever it appears that such consolidation will expedite or simplify consideration of such issues. Consolidation shall not affect the right of any party to raise any issues that could otherwise have been raised. | ||||
| 40:40:27.0.1.2.12.1.17.14 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.14 Motions. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992] | (a) All motions, except those made orally during the course of the hearing, shall be in writing, shall state the grounds with particularity, and shall set forth the relief or order sought. (b) Within 10 days after service of any motion filed under this section or within such other time as may be fixed by the Environmental Appeals Board or the administrative law judge, as appropriate, any party may serve and file an answer to the motion. The movant shall, by leave of the Environmental Appeals Board or the administrative law judge, as appropriate, serve and file reply papers within the time set by the request. (c) The administrative law judge shall rule upon all motions filed or made subsequent to his or her appointment and prior to the filing of his or her decision or accelerated decision, as appropriate. The Environmental Appeals Board shall rule upon all motions filed before the appointment of the administrative law judge and all motions filed after the filing of the decision of the administrative law judge or accelerated decision. Oral argument of motions will be permitted only if the administrative law judge or the Environmental Appeals Board, as appropriate, deems it necessary. | |||
| 40:40:27.0.1.2.12.1.17.15 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.15 Intervention. | EPA | (a) Persons desiring to intervene in a hearing to be held under section 11(d) of the act shall file a motion setting forth the facts and reasons why they should be permitted to intervene. (b) In passing on a motion to intervene, the following factors, among other things, shall be considered by the administrative law judge: (1) The nature of the movant's interest including the nature and the extent of the property, financial, environmental protection, or other interest of the movant; (2) The effect the order which may be entered in the proceeding may have on the movant's interest; (3) The extent to which the movant's interest will be represented by existing parties or may be protected by other means; (4) The extent to which the movant's participation may reasonably be expected to assist materially in the development of a complete record; (5) The extent to which one movant's participation may reasonably be expected to delay the proceedings. (c) A motion to intervene should be filed before the first prehearing conference, the initiation of correspondence under § 209.20, or the setting of the time and place for the hearing, whichever occurs earliest. Motions shall be served on all parties. Any opposition to such motion must be filed within 10 days of service. (d) All motions to be made an intervener shall be reviewed by the administrative law judge using the criteria set forth in paragraph (b) of this section and considering any opposition to such motion. The administrative law judge may, in granting such motion, limit a movant's participation to certain issues only. (e) If the administrative law judge grants the motion with respect to any or all issues, he or she shall notify, or direct the hearing clerk to notify, the petitioner and all parties. If the administrative law judge denies the motion he or she shall notify, or direct the hearing clerk to notify, the petitioner and all parties and shall briefly state the reasons why the motion was denied. (f) All motions to be made an intervener shall include th… | ||||
| 40:40:27.0.1.2.12.1.17.16 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.16 Late intervention. | EPA | Following the expiration of the time prescribed in § 209.15 for the submission of motions to intervene in a hearing, any person may file a motion with the administrative law judge to intervene in a hearing. Such a motion must contain the information and commitments required by paragraph (b) and (f) of § 209.15, and, in addition, must show that there is good cause for granting the motion and must contain a statement that the movant shall be bound by agreements, arrangements, and other determinations which may have been made in the proceeding. | ||||
| 40:40:27.0.1.2.12.1.17.17 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.17 Amicus curiae. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992] | Persons not parties to the proceedings who wish to file briefs may do so by leave of the Environmental Appeals Board or the administrative law judge, as appropriate, granted on motion. This motion shall identify the interest of the applicant and shall state the reasons why the proposed amicus brief is desirable. An amicus curiae shall be eligible to participate in any briefing following the granting of his or her motion, and shall be served with all briefs, reply briefs, motions and orders relating to issues to be briefed. | |||
| 40:40:27.0.1.2.12.1.17.18 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.18 Administrative law judge. | EPA | (a) General. The administrative law judge shall conduct a fair and impartial hearing in accordance with 5 U.S.C. 554, and shall take all necessary action to avoid delay and maintain order. He or she shall have all power consistent with Agency rule and with the Administrative Procedure Act, 5 U.S.C. 551 et seq., necessary to this end, including the following: (1) To administer oaths and affirmations; (2) To rule upon offers of proof and receive relevant evidence; (3) To regulate the course of the hearings and the conduct of the parties and their counsel; (4) To hold conferences for simplification of the issues or any other proper purpose; (5) To consider and rule upon all appropriate procedural and other motions, and to issue all necessary orders; (6) To require the submission of testimony in written form whenever in the opinion of the administrative law judge oral testimony is not necessary for full and true disclosure of the facts. (7) To require the filing of briefs on any matter on which he or she is required to rule; (8) To require any party or any witness, during the course of the hearing, to state his or her position on any relevant issue; (9) To take depositions or cause depositions to be taken in accordance with § 209.22. (10) To render judgments upon issues of law during the course of the hearing. (11) To issue subpenas authorized by law. (b) Assignment of administrative law judge. When an answer which contains a written demand for a hearing is filed, the administrator shall refer the proceeding to the chief administrative law judge, who shall conduct the proceeding, or assign another administrative law judge to conduct the proceeding. | ||||
| 40:40:27.0.1.2.12.1.17.19 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.19 Informal settlement and consent agreement. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992] | (a) Settlement policy. The Agency encourages settlement of the proceeding at any time after the issuance of a complaint if settlement is consistent with the provisions and the objectives of the act and the regulations. Whether or not respondent requests a hearing, he or she may confer with complainant concerning the facts stated in the complaint or concerning the appropriateness of the proposed remedial order. The terms of any settlement agreement shall be expressed in a written consent agreement. Conferences with complainant concerning possible settlement shall not affect the 20 day time limit for filing an answer under § 209.6. (b) Consent agreement. A written consent agreement signed by the complainant and respondent shall be prepared by the complainant and forwarded to the Environmental Appeals Board whenever settlement or compromise is proposed. A copy shall be served on all other parties to the proceeding, no later than the date the consent agreement is forwarded to the Environmental Appeals Board. The consent agreement shall state that, for the purpose of this proceeding, respondent (1) admits the jurisdictional allegations of the complaint; (2) admits the facts as stipulated in the consent agreement or neither admits nor denies specific factual allegations contained in the complaint; and (3) consents to the issuance of a given remedial order. The consent agreement shall include (i) the terms of the agreement; (ii) any appropriate conclusions regarding material issues of law, fact and/or discretion as well as reasons therefor; and (iii) the Environmental Appeals Board's proposed final order. The administrative law judge does not have jurisdiction over a consent agreement. (c) Final order. No settlement or consent agreement shall be dispositive of any action pending under section 11(d) of the act without a final order of the Environmental Appeals Board. In preparing a final order, the Environmental Appeals Board may require that any or all of the parties to the settlement or other parties appear bef… | |||
| 40:40:27.0.1.2.12.1.17.2 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.2 Use of number and gender. | EPA | In these rules of practice, words in the singular number apply to the plural and words in the masculine gender apply to the feminine and vice versa. | ||||
| 40:40:27.0.1.2.12.1.17.20 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.20 Conferences. | EPA | (a) At the discretion of the administrative law judge, conferences may be held prior to or during any hearing. The administrative law judge shall direct the hearing clerk to notify all parties of the time and location of any such conferences. At the discretion of the administrative law judge, persons other than parties may attend. At a conference the administrative law judge may: (1) Obtain stipulations and admissions, receive requests and order depositions to be taken, identify disputed issues of fact and law, and require or allow the submission of written testimony from any witness or party. (2) Set a hearing schedule for as many of the following as are deemed necessary by the administrative law judge: (i) Oral and written statements; (ii) Submission of written testimony as required or authorized by the administrative law judge; (iii) Oral direct and cross-examination of a witness; (iv) Oral argument, if appropriate; (3) Identify matters of which official notice may be taken; (4) Consider limitation of the number of expert and other witnesses; (5) Consider the procedure to be followed at the hearing; and (6) Consider any other matter that may expedite the hearing or aid in the disposition of the issue. (b) The results of any conference including all stipulations shall, if not transcribed, be summarized in writing by the administrative law judge and made part of the record. (c) The administrative law judge, on motion or sua sponte, may request correspondence from the parties for any of the objectives set forth in this section. Copies of the administrative law judge's request and the parties' correspondence shall be served upon all parties. The administrative law judge shall include such correspondence in the record and a written summary of any stipulation or agreement reached by means of such correspondence as provided in paragraph (b) of this section. | ||||
| 40:40:27.0.1.2.12.1.17.21 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.21 Primary discovery (exchange of witness lists and documents). | EPA | (a) At a prehearing conference or within some reasonable time set by the administrative law judge prior to the hearing, each party shall make available to the other parties the names of the expert and other witnesses the party expects to call, together with a brief summary of their expected testimony and copies of all documents and exhibits which the party expects to introduce into evidence. Thereafter, witnesses, documents, or exhibits may be added and summaries of expected testimony amended upon motion by a party. (b) The administrative law judge, may, upon motion by a party or other person, and for good cause shown, by order (1) restrict or defer disclosure by a party of the name of a witness or a narrative summary of the expected testimony of a witness, and (2) prescribe other appropriate measures to protect a witness. Any party affected by any such action shall have an adequate opportunity, once he or she learns the name of a witness and obtains the narrative summary of the witness' expected testimony, to prepare for the presentation of his or her case. | ||||
| 40:40:27.0.1.2.12.1.17.22 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.22 Other discovery. | EPA | (a) Further discovery under this section shall be undertaken only upon order of the administrative law judge or upon agreement of the parties, except as provided in § 209.21. The administrative law judge shall order further discovery only after determining: (1) That such discovery will not delay the proceeding unreasonably; (2) That the information to be obtained is not obtainable voluntarily; and (3) That such information is relevant to the subject matter of the hearing. (b) The administrative law judge shall order depositions upon oral questions only upon a showing of good cause and a finding that: (1) The information sought cannot be obtained by alternative methods; or (2) There is a substantial reason to believe that relevant and probative evidence may otherwise not be preserved for presentation by a witness at the hearing. (c) Any party to the proceeding may make a motion or motions for an order of discovery. The motion shall set forth: (1) The circumstances which require the discovery; (2) The nature of the information expected to be discovered; and (3) The proposed time and place where it will be taken. If the administrative law judge determines the motion should be granted, he or she shall issue an order for the taking of such discovery together with the conditions and terms thereof. (d) A person's or party's failure to comply with a discovery order may lead to the inference that the information to be discovered is adverse to the person or party who failed to provide it. | ||||
| 40:40:27.0.1.2.12.1.17.23 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.23 Trade secrets and privileged information. | EPA | In the presentation, admission, disposition, and use of evidence, the administrative law judge shall preserve the confidentiality of trade secrets and other privileged commercial and financial information. The confidential or trade secret status of any information shall not, however, preclude its being introduced into evidence. The administrative law judge may make such orders as may be necessary to consider such evidence in camera. This may include a supplemental initial decision to consider questions of fact and conclusions regarding material issues of law, fact or discretion which arise out of that portion of the evidence which is confidential or which includes trade secrets. | ||||
| 40:40:27.0.1.2.12.1.17.24 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.24 Default order. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5345, Feb. 13, 1992] | (a) Default. Respondent may be found to be in default upon failure to comply with a prehearing or hearing ruling of the Administrator or the administrative law judge. A respondent's default shall constitute an admission of all facts alleged in the complaint and a waiver of respondent's right to a hearing on such factual allegations. The remedial order proposed is binding on respondent without further proceedings upon the issuance by the Environmental Appeals Board of a final order issued upon default. (b) Proposed default order. Where the administrative law judge finds a default has occurred after a request for a hearing has been filed, the administrative law judge may render a proposed default order to be issued against the defaulting party. For the purpose of appeal pursuant to § 209.31 this order shall be deemed to be the initial decision of the administrative law judge. (c) Contents of a final order issued upon default. A final order issued upon default shall include findings of fact, conclusions regarding all material issues of law, fact, or discretion, and the remedial order which is issued. An order issued by the Environmental Appeals Board upon default of respondent shall constitute a final order in accordance with the terms of § 209.33. | |||
| 40:40:27.0.1.2.12.1.17.25 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.25 Accelerated decision; dismissal. | EPA | (a) The administrative law judge, upon motion of any party or sua sponte, may at any time render an accelerated decision in favor of the Agency or the respondent as to all or any part of the proceeding, without further hearing or upon such limited additional evidence such as affidavits as he or she may require, or dismiss any party with prejudice, under any of the following conditions: (1) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel; (2) No genuine issue of material fact exists and a party is entitled to judgment as a matter of law, as to all or any part of a proceeding; or (3) Such other reasons as are just, including failure to obey a procedural order of the administrative law judge. (b) If under this section an accelerated decision is issued as to all the issues and claims joined in the proceedings, the decision shall be treated as the decision of the administrative law judge as provided in § 209.30. (c) If under this section, judgment is rendered on less than all issues or claims in the proceeding, the administrative law judge shall determine what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. The administrative law judge shall thereupon issue an order specifying the facts which appear without substantial controversy, and the issues and claims upon which the hearing will proceed. | ||||
| 40:40:27.0.1.2.12.1.17.26 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.26 Evidence. | EPA | (a) The official transcripts and exhibits, together with all papers and requests filed in the proceeding, shall constitute the record. Evidence may be received at the hearing even though inadmissible under the rules of evidence applicable to judicial proceedings, provided it is relevant, competent and material and not unduly repetitious. Immaterial or irrelevant parts of an admissible document shall be segregated and excluded so far as practicable. The weight to be given evidence shall be determined by its reliability and probative value. (b) Witnesses shall be examined orally, under oath or affirmation, except as otherwise provided in these rules of practice or by the administrative law judge. Parties shall have the right to cross-examine a witness who appears at the hearing provided that such cross-examination is not unduly repetitious. (c) Rulings of the administrative law judge on the admissibility of evidence, the propriety of examination and cross-examination and other procedural matters shall appear in the record. (d) Parties shall automatically be presumed to have taken exception to an adverse ruling. | ||||
| 40:40:27.0.1.2.12.1.17.27 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.27 Interlocutory appeal. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5345, Feb. 13, 1992] | (a) An interlocutory appeal may be taken to the Environmental Appeals Board either (1) with the consent of the administrative law judge where he or she certifies on the record or in writing that the allowance of an interlocutory appeal is clearly necessary to prevent exceptional delay, expense or prejudice to any party or substantial detriment to the public interest, or (2) absent the consent of the administrative law judge, by permission of the Environmental Appeals Board. (b) Applications for interlocutory appeal of any ruling or order of the administrative law judge may be filed with the administrative law judge within 5 days of the issuance of the ruling or order being appealed. Answers by other parties may be filed within 5 days of the service of such applications. (c) Applications to file such appeals absent consent of the administrative law judge shall be filed with the Environmental Appeals Board within 5 days of the denial of any appeal by the administrative law judge. (d) The Environmental Appeals Board will consider the merits of the appeal on the application and answers. No oral argument will be heard nor other briefs filed unless the Environmental Appeals Board directs otherwise. (e) Except under extraordinary circumstances as determined by the administrative law judge, the taking of an interlocutory appeal will not stay the hearing. | |||
| 40:40:27.0.1.2.12.1.17.28 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.28 Record. | EPA | (a) Hearings shall be reported and transcribed verbatim, stenographically or otherwise, and the original transcript shall be part of the record and the sole official transcript. Copies of the record shall be filed with the hearing clerk and made available during Agency business hours for public inspection. Any person who desires a copy of the record of the hearing or any part of it shall be entitled to it upon payment of the cost. (b) The official transcripts and exhibits, together with all papers and requests filed in the proceeding, shall constitute the record. | ||||
| 40:40:27.0.1.2.12.1.17.29 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.29 Proposed findings, conclusions. | EPA | (a) Within 20 days of the filing of the record with the hearing clerk as provided in § 209.28, or within such longer time as may be fixed by the administrative law judge, any party may submit for the consideration of the administrative law judge proposed findings of fact, conclusions of law, and a proposed rule or order, together with briefs in support of it. Such proposals shall be in writing, shall be served upon all parties, and shall contain adequate references to the record and authorities relied on. (b) The record shall show the administrative law judge's ruling on the proposed findings and conclusions except when the administrative law judge's order disposing of the proceedings otherwise informs the parties of the action taken by him or her thereon. | ||||
| 40:40:27.0.1.2.12.1.17.3 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.3 Definitions. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5344, Feb. 13, 1992] | All terms not defined in this section shall have the meaning given them in the Act. (a) Act means the Noise Control Act of 1972 (42 U.S.C. 4901 et seq. ). (b) Administrative law judge means an administrative law judge appointed under 5 U.S.C. 3105 (see also 5 CFR part 930, as amended by 37 FR 16787). “Administrative law judge” is synonymous with “hearing examiner” as used in Title 5 of the United States Code. (c) Administrator means the Administrator of the Environmental Protection Agency or his or her delegate. (d) Agency means the U.S. Environmental Protection Agency. (e) Complainant means the Agency acting through any person authorized by the Administrator to issue a complaint to alleged violators of the Act. The complainant shall not be the judicial officer or the Administrator. (f) Hearing clerk means the hearing clerk of the Environmental Protection Agency. (g) Intervener means a person who files a motion to be made a party under § 209.15 or § 209.16, and whose motion is approved. (h) Party means the Environmental Protection Agency, the respondent(s) and any interveners. (i) Person means any individual, corporation, partnership, or association, and includes any officer, employee, department, agency or instrumentality of the United States, a State, or any political subdivision of a State. (j) Respondent means any person against whom a complaint has been issued under this subpart. (k) Environmental Appeals Board means the Board within the Agency described in § 1.25 of this title. The Administrator delegates authority to the Environmental Appeals Board to issue final decisions in appeals filed under this part. An appeal directed to the Administrator, rather than to the Environmental Appeals Board, will not be considered. This delegation of authority to the Environmental Appeals Board does not preclude the Environmental Appeals Board from referring an appeal or a motion filed under this part to the Administrator for decision when the Environmental Appeals Board, in its discreti… | |||
| 40:40:27.0.1.2.12.1.17.30 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.30 Decision of the administrative law judge. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5345, Feb. 13, 1992] | (a) The administrative law judge shall issue and file with the hearing clerk his or her decision as soon as practicable after the period for filing proposed findings as provided for in § 209.29 has expired. (b) The administrative law judge's decision shall become the decision of the Environmental Appeals Board (1) when no notice of intention to appeal as described in § 209.31 is filed, 30 days after its issuance, unless in the interim the Environmental Appeals Board shall have taken action to review or stay the effective date of the decision; or (2) when a notice of intention to appeal is filed but the appeal is not perfected as required by § 209.31, 5 days after the period allowed for perfection of an appeal has expired unless within that 5 day period, the Environmental Appeals Board has taken action to review or stay the effective date of the decision. (c) The administrative law judge's decision shall include a statement of findings and conclusions, as well as the reasons or basis therefore, upon all the material issues of fact or law presented on the record and an appropriate rule or order. The decision shall be supported by a preponderance of the evidence and based upon a consideration of the whole record. (d) At any time prior to issuing his or her decision, the administrative law judge may reopen the proceeding for the reception of further evidence. | |||
| 40:40:27.0.1.2.12.1.17.31 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.31 Appeal from the decision of the administrative law judge. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5345, Feb. 13, 1992] | (a) Any party to a proceeding may appeal the administrative law judge's decision to the Environmental Appeals Board: Provided, That within 10 days after the administrative law judge's decision is issued, the party files a notice of intention to appeal, and within 30 days of the decision the party files an appeal brief. (b) When an appeal is taken from the decision of the administrative law judge, any party may file a brief with respect to such appeal. The brief shall be filed within 20 days of the date of the filing of the appellant's brief. (c) Any brief filed under this section shall contain, in the order indicated: (1) A subject index of the matter in the brief, with page references, and a table of cases (alphabetically arranged), textbooks, statutes, and other material cited, with page references thereto; (2) A specification of the issues which will be argued; (3) The argument presenting clearly the points of fact and law relied upon in support of the position taken on each issue, with specific page references to the record and the legal or other material relied upon; and (4) A proposed form of rule or order for the Environmental Appeals Board's consideration if different from the rule or order contained in the administrative law judge's decision. (d) Briefs shall not exceed 40 pages without leave of the Environmental Appeals Board. (e) The Environmental Appeals Board may allow oral argument in its discretion. | |||
| 40:40:27.0.1.2.12.1.17.32 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.32 Review of the administrative law judge's decision in absence of appeal. | EPA | [57 FR 5345, Feb. 13, 1992] | (a) If, after the expiration of the period for taking an appeal under § 209.31, no notice of intention to appeal the decision of the administrative law judge has been filed, or if filed, not perfected, the hearing clerk shall so notify the Environmental Appeals Board. (b) The Environmental Appeals Board, upon receipt of notice from the hearing clerk that no notice of intention to appeal has been filed, or if filed, not perfected pursuant to § 209.31, may, on its own motion, within the time limits specified in § 209.30(b), review the decision of the administrative law judge. Notice of the Environmental Appeals Board's intention to review the decision of the administrative law judge shall be given to all parties and shall set forth the scope of such review and the issues which shall be considered and shall make provision for filing of briefs. | |||
| 40:40:27.0.1.2.12.1.17.33 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.33 Decision on appeal or review. | EPA | [57 FR 5345, Feb. 13, 1992] | (a) Upon appeal from or review of the administrative law judge's decision, the Environmental Appeals Board shall consider such parts of the record as are cited or as may be necessary to resolve the issues presented and, in addition shall to the extent necessary or desirable exercise all the powers which the Environmental Appeals Board could have exercised if it had presided at the hearing. (b) The Environmental Appeals Board shall render a decision as expeditiously as possible. The Environmental Appeals Board shall adopt, modify, or set aside the findings, conclusions, and rule or order contained in the decision of the administrative law judge and shall set forth in its decision a statement of the reasons or bases for its action. The Environmental Appeals Board's decision shall be the final order in the proceeding. (c) In those cases where the Environmental Appeals Board determines that it should have further information or additional views of the parties as to the form and content of the rule or order to be issued, the Environmental Appeals Board, in its discretion, may withhold final action pending the receipt of such additional information or views, or may remand the case to the administrative law judge. | |||
| 40:40:27.0.1.2.12.1.17.34 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.34 Reconsideration. | EPA | [57 FR 5345, Feb. 13, 1992] | Within five (5) days after service of the Environmental Appeals Board's decision, any party may file a petition for reconsideration of such decision, setting forth the relief desired and the grounds in support thereof. Petitions for reconsideration under this provision shall be directed to, and decided by, the Environmental Appeals Board. Petitions for reconsideration directed to the Administrator, rather than to the Environmental Appeals Board, will not be considered, except in cases that the Environmental Appeals Board has referred to the Administrator's pursuant to § 209.3(k) and in which the Administrator has issued the final order. Any petition filed under this subsection must be confined to new questions raised by the decision or final order and upon which the petitioner had no opportunity to argue before the administrative law judge or the Environmental Appeals Board. Any party desiring to oppose a petition shall file an answer thereto within five (5) days after service of the petition. The filing of a petition for reconsideration shall not operate to stay the effective date of the decision or order. | |||
| 40:40:27.0.1.2.12.1.17.35 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.35 Conclusion of hearing. | EPA | [57 FR 5346, Feb. 13, 1992] | (a) If no appeal has been taken from the administrative law judge's decision before the period for taking an appeal under § 209.31 has expired, and the period for review by the Environmental Appeals Board on its own motion under § 209.30 has expired, and the Environmental Appeals Board does not move to review such decision, the hearing will be deemed to have ended at the expiration of all periods allowed for such appeal and review. (b) If an appeal of the administrative law judge's decision is taken under § 209.31, or if, in the absence of such appeal, the Environmental Appeals Board moves to review the decision of the administrative law judge under § 209.32, the hearing will be deemed to have ended upon the rendering of a final decision by the Environmental Appeals Board. | |||
| 40:40:27.0.1.2.12.1.17.36 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.36 Judicial review. | EPA | [43 FR 34132, Aug. 3, 1978, as amended at 57 FR 5346, Feb. 13, 1992] | (a) The Administrator hereby designates the general counsel, Environmental Protection Agency as the officer upon whom copy of any petition for judicial review shall be served. That officer shall be responsible for filing in the court the record on which the order of the Environmental Appeals Board is based. (b) Before forwarding the record to the court, the Agency shall advise the petitioner of the costs of preparing it and as soon as payment to cover fees is made shall forward the record to the court. | |||
| 40:40:27.0.1.2.12.1.17.4 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.4 Issuance of complaint. | EPA | If the complainant has reason to believe that a person has violated any provision of the Act or the regulations, he or she may institute a proceeding for the issuance of a remedial order by issuing a complaint. | ||||
| 40:40:27.0.1.2.12.1.17.5 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.5 Complaint. | EPA | (a) Contents. The complaint shall include (1) specific reference to each provision of the Act or regulations which respondent is alleged to have violated; (2) a brief statement of the factual basis for alleging each violation; (3) the proposed order issued under section 11(d) of the Act to remedy the violation, signed by the Assistant Administrator for Enforcement, with notice that the order shall be effective 20 days after service of the complaint unless respondent requests a hearing under § 209.6; (4) notice of respondent's right to request a hearing on any material fact or issue of law contained in the complaint, or on the appropriateness of the proposed order; and (5) a statement of whether the respondent must submit a remedial plan pursuant to § 209.8. (b) Amendment of the complaint. At any time prior to the filing of an answer, the complainant may amend the complaint as a matter of right. Respondent shall have twenty (20) additional days from the date of service of the amended complaint to file an answer. At any time after the filing of an answer, the complaint may be amended upon motion granted by the administrative law judge. (c) Withdrawal of the complaint. Where, on the basis of new information or evidence, the complainant concludes that no violation of the Act or the regulations has been committed by the respondent or that the issuance of the complaint was otherwise inappropriate, the complainant may withdraw the complaint without prejudice at any stage in the proceeding. (d) Service of complaint. (1) Service of the complaint shall be made on the respondent personally (or on his or her representative), or by certified mail, return receipt requested. (2) Service upon a domestic or foreign corporation or upon a partnership or another unincorporated association which is subject to suit under a common name shall be made by personal service or certified mail, return receipt requested, directed to an officer or partner, a managing or general agent, or any other agent authorized by appointment or … | ||||
| 40:40:27.0.1.2.12.1.17.6 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.6 Answer. | EPA | (a) General. Where respondent (1) contests any material fact alleged in the complaint to constitute a violation of the Act or regulations; or (2) contends that the remedial order proposed in the complaint is inappropriate to the violation; or (3) contends that he or she is entitled to judgment as a matter of law, he or she shall file a written answer with the complainant. Any answer must be filed with the complainant within twenty (20) days after service of the complaint. Initiation of informal conferences with the Agency under § 209.19 does not add to the twenty (20) day period. The time period in which to file an answer may be extended by the Administrator upon motion. (b) Contents of the answer. The answer shall clearly and directly admit, deny or explain each of the factual allegations contained in the complaint with regard to which respondent has any knowledge. Whenever an allegation is denied, the answer shall state briefly the facts upon which the denial is based. The answer shall also state (1) whether a hearing is requested, (2) the facts respondent intends to place at issue, and (3) the circumstances or arguments which are alleged to constitute the grounds of defense. (c) Hearing upon the issues. A hearing upon the issues raised by the complaint and answer shall be held upon written demand of respondent. (d) Failure to plead specifically. A respondent's failure to plead specifically to any material factual allegation contained in the complaint shall constitute an admission of such allegation. (e) Amendment of the answer. The respondent may amend the answer upon motion granted by the administrative law judge. | ||||
| 40:40:27.0.1.2.12.1.17.7 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.7 Effective date of order in complaint. | EPA | (a) The order in the complaint is effective and binding on respondent 20 days after service of the complaint, unless respondent requests a hearing pursuant to § 209.6. If the respondent does not request a hearing, the order is then a final order of the Agency. (b) Respondent may file a motion with the complainant to vacate the final order, reopen the proceedings and request a hearing after the order is effective. This motion must be filed within twenty (20) days after the effective date of the order. The motion shall state the reasons respondent failed to file a timely answer, and provide the information required by § 209.6(b). The Administrator may, in his or her discretion and for good cause shown, grant the motion. | ||||
| 40:40:27.0.1.2.12.1.17.8 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.8 Submission of a remedial plan. | EPA | (a) The Administrator may require the respondent to submit a remedial plan. Notice of this requirement and the due date will be given in the complaint. If the respondent requests a hearing, the remedial plan required by the complaint need not be submitted. The final order may include a requirement that the respondent submit a remedial plan. (b) A respondent may always submit a remedial plan voluntarily in pursuit of informal settlement. | ||||
| 40:40:27.0.1.2.12.1.17.9 | 40 | Protection of Environment | I | G | 209 | PART 209—RULES OF PRACTICE GOVERNING PROCEEDINGS UNDER THE NOISE CONTROL ACT OF 1972 | A | Subpart A—Rules of Practice Governing Hearings for Orders Issued Under Section 11(d) of the Noise Control Act | § 209.9 Contents of a remedial plan. | EPA | (a) The Administrator will specify the requirements of the remedial plan. This may include, but is not limited to, the following information: (1) A detailed description of the products covered by the remedial order, including the category and/or configuration if applicable, and the make, model year and model number, if applicable. (2) A detailed description of the present location of the products, including a list of those in possession of the products and, if necessary, how the respondent intends to contact the persons in possession and retrieve the products. (3) Any appropriate remedies the respondent would propose as an alternative to the specific remedies proposed by the Administrator. (4) A detailed plan for implementing the remedies, both those proposed by the Administrator and those proposed by the respondent. (5) A detailed account of the costs of implementing each of the proposed plans. (b) Remedial plans shall be submitted to Director, Noise Enforcement Division (EN-387), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. | ||||
| 44:44:1.0.1.4.58.0.10.1 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.1 Purpose. | FEMA | This part provides guidance on the administration of a program to provide supplemental property acquisition and elevation assistance made available by Congress to provide funds for the acquisition or elevation, for hazard mitigation purposes, of properties that have been made uninhabitable by floods in areas that were declared major disasters in federal fiscal years 1999 and 2000. | ||||||
| 44:44:1.0.1.4.58.0.10.10 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.10 Project implementation requirements. | FEMA | [66 FR 32669, June 15, 2001, as amended at 74 FR 15353, Apr. 3, 2009] | Subgrantees must enter into an agreement with the State, with the written concurrence of the Regional Administrator, that provides the following assurances: (a) The subgrantee will administer the grant and implement the project in accordance with program requirements, 44 CFR part 13, the grant agreement, and with applicable Federal, State, and local laws and regulations. (b) The State and subgrantee will administer the grant in an equitable and impartial manner, without discrimination on the grounds or race, color, religion nationality, sex, age, or economic status in compliance with section 308 of the Stafford Act (42 U.S.C. 5151) and Title VI of the Civil Rights Act. In implementing the grant, the State and the subgrantee will ensure that no discrimination is practiced. (c) The State and subgrantee will ensure that projects involving alterations to existing structures comply with all applicable State and local codes. (d) The State and subgrantee will ensure that projects comply with applicable State and local floodplain management requirements. Structures will be elevated to the Base Flood Elevation. (e) Property owners participating in acquisition projects may receive assistance up to the pre-event fair market value of their real property, except as limited by the eligibility criteria. (f) The subgrantee will establish a process, which we must approve, whereby property owners participating in acquisition projects may request a review of the appraisal for their property, or request a second appraisal. (g) The State will reduce buyout assistance by any duplication of benefits from other sources. Such benefits include, but are not limited to, payments made to the homeowner for repair assistance; insurance settlements; legal settlements; Small Business Administration loans; and any other payments made by any source to address the property loss unless the property owner can provide receipts showing that the benefits were used for their intended purpose to make repairs to the property. (h) Increased Cost of … | |||||
| 44:44:1.0.1.4.58.0.10.11 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.11 Grant administration. | FEMA | [66 FR 32669, June 15, 2001, as amended at 74 FR 15353, Apr. 3, 2009] | (a) Cost share. We may contribute up to 75 percent of the total eligible costs. The State must ensure that non-Federal sources contribute not less than 25 percent of the total eligible costs for the grant. The State or any subgrantee cannot use funds that we provide under this Act as the non-Federal match for other Federal funds nor can the State or any subgrantee use other Federal funds as the required non-Federal match for these funds, except as provided by statute. (b) Allowable costs. A State may find guidance on allowable costs for States and subgrantees in Office of Management and Budget (OMB) Circulars A-87 and A-122 on Cost Principles. States may use up to 7 percent of the grant funds for management costs of the grant. The State should include management costs in its application. Subgrantees must include reasonable costs to administer the grant as a direct project cost in their budget. (c) Progress reports. The State must provide a quarterly progress report to us under 44 CFR 13.40, indicating the status and completion date for each project funded. The report will include any problems or circumstances affecting completion dates, scope of work, or project costs that may result in noncompliance with the approved grant conditions. (d) Financial reports. The State must provide a quarterly financial report to us under 44 CFR 13.41. (e) SMARTLINK Drawdowns. The State will make SMARTLINK drawdowns to reimburse or advance allowable costs to subgrantees for approved projects. (f) Audit requirements. Uniform audit requirements as set forth in 44 CFR part 13 apply to all grant assistance provided under this subpart. We may elect to conduct a Federal audit on the disaster assistance grant or on any of the subgrants. (g) If a mitigation measure is not completed, and there is not adequate justification for non-completion, no Federal funding will be provided for that project. | |||||
| 44:44:1.0.1.4.58.0.10.12 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.12 Oversight and results. | FEMA | (a) FEMA oversight. Our Regional Administrators are responsible for overseeing this grant authority and for ensuring that States and subgrantees meet all program requirements. Regional Administrators will review program progress quarterly. (b) Monitoring and enforcement. We, subgrantees, and States will monitor the properties purchased under this authority and ensure that the properties are maintained in open space use. We and the State may enforce the agreement by taking any measures that we or they deem appropriate. (c) Program results. The State will review the effectiveness of approved projects after each future flood event in the affected area to monitor whether projects are resulting in expected savings. The State will report to us on program effectiveness after project completion and after each subsequent flood event. | ||||||
| 44:44:1.0.1.4.58.0.10.2 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.2 Definitions. | FEMA | [66 FR 32669, June 15, 2001; 66 FR 49554, Sept. 28, 2001] | Except as noted in this part, the definitions listed at §§ 206.2 and 206.431 apply to the implementation of this part. Allowable open space uses means recreational and wetland management uses including: Parks for outdoor recreational activities; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); temporary storage in the open of wheeled vehicles which are easily movable (except mobile homes); unimproved, permeable parking lots; and buffer zones. Allowable uses generally do not include walled buildings, flood reduction levees, highways or other uses that obstruct the natural and beneficial functions of the floodplain. Applicant means a State agency, local government, or qualified private nonprofit organization that submits an application for acquisition or elevation assistance to the State or to FEMA. Cost-effective means that the mitigation activity will not cost more than the anticipated value of the reduction in both direct damages and subsequent negative impacts to the area if future disasters were to occur. Both costs and benefits will be computed on a net present value basis. The State will complete an analysis of the cost effectiveness of the project, in accordance with FEMA guidance and using a FEMA-approved methodology. FEMA will review the State's analysis. Pre-event fair market value means the value a willing buyer would have paid and a willing seller would have sold a property for had the disaster not occurred. Principal residence means a residence that is occupied by the legal owner and is the dwelling where the legal owner normally lives during the major portion of the calendar year. Qualified alien means an alien who meets one of the following criteria: (1) An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA); (2) An alien granted asylum under section 208 of the INA; (3) A refugee admitted to the United States under section 207 of the INA; (4) An alien paroled into the … | |||||
| 44:44:1.0.1.4.58.0.10.3 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.3 Roles and responsibilities. | FEMA | The following describes the general roles of FEMA, the State, local communities or other organizations that receive grant assistance, and participating homeowners. (a) Federal. We will notify States about the availability of funds, and will allocate available funding to States that received major disaster declarations during the period covered by the supplemental authority. Our Regional Administrators will verify project eligibility, provide technical assistance to States upon request, make grant awards, and oversee program implementation. (b) State. The State will be the Grantee to which we award funds and will be accountable for the use of those funds. The State will determine priorities for funding within the State. This determination must be made in conformance with the HMGP project identification and selection criteria (44 CFR 206.435). The State also will provide technical assistance and oversight to applicants for project development and to subgrantees for project implementation. The State will report program progress and results to us. The States also will recover and return to us any funds made available from other sources for the same purposes. When Native American tribes apply directly to us, they will be the grantee and carry out “state” roles. (c) Applicant (pre-award) and subgrantee (post-award). The applicant (a State agency, local government, or qualified private nonprofit organization) will coordinate with interested homeowners to complete an application to the State. The subgrantee implements all approved projects, generally takes title to all property, and agrees to dedicate and maintain the property in perpetuity for uses compatible with open-space, recreational, or wetlands management practices. The subgrantee will receive, review and make final decisions about any appraisal disputes that are brought by participating homeowners. The subgrantee is accountable to the State, as well as to us, for the use of funds. (d) Participating homeowners. The participating homeowners will notify… | ||||||
| 44:44:1.0.1.4.58.0.10.4 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.4 Allocation and availability of funds. | FEMA | (a) We will allocate available funds based on the number and value of properties that meet the eligibility criteria and whose owners want to participate in an acquisition or elevation project. (b) We may reallocate funds for which we do not receive and approve adequate applications. We will obligate most available funds within 12 months following the deadline for submitting applications, unless extenuating circumstances exist. | ||||||
| 44:44:1.0.1.4.58.0.10.5 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.5 Applicant eligibility. | FEMA | The following are eligible to apply to the State for a grant: (a) State and local governments; (b) Indian tribes or authorized tribal organizations. A tribe may apply either to the State or directly to us; and (c) Qualified private nonprofit organizations. | ||||||
| 44:44:1.0.1.4.58.0.10.6 | 44 | Emergency Management and Assistance | I | D | 209 | PART 209—SUPPLEMENTAL PROPERTY ACQUISITION AND ELEVATION ASSISTANCE | § 209.6 Project eligibility. | FEMA | [66 FR 32669, June 15, 2001, as amended at 81 FR 56534, Aug. 22, 2016] | (a) Eligible types of project activities. This grant authority is for projects to acquire floodprone properties and demolish or relocate structures per § 209.10(i), or to elevate floodprone structures. Approved projects must meet the following criteria and comply with all other program requirements described in this rule; (b) Eligibility criteria. To be eligible, projects must: (1) Be cost effective. The State will complete an analysis of the cost-effectiveness of the project, in accordance with our guidance and using a methodology that we approve. We will review the State's analysis; (2) Include only properties that: (i) For acquisition, the owner agrees to sell voluntarily; (ii) Are within the 100-year floodplain based on best available data or as identified by a FIRM or FEMA-approved Disaster Recovery Map; (iii) Were made uninhabitable (as certified by an appropriate State or local official) by the effects of a declared major disaster during federal fiscal years 1999 or 2000; (iv) For acquisition, had a pre-event fair market value of less than $300,000 just before the disaster event. Properties submitted for buyout under Pub. L. 106-113 (the original Hurricane Floyd supplemental buyout program) are exempt from this policy, with the limitation that in no case does the Federal share or offer for any such property exceed $225,000; and (v) Served as the principal residence for the owner. For multifamily units such as condominium buildings, all units within the structure should be principal residences of the owners and not sublet. (3) Conform with 44 CFR part 9, Floodplain Management and Protection of Wetlands, and other applicable environmental and historic preservation laws, regulations, Executive Orders, and agency policy. (c) For acquisition projects, an owner who is not a United States citizen or qualified alien may receive current fair market value for his or her property. He or she may not receive additional amounts for pre-event fair market value. (d) Funds available under Pub. L. 106-113 (th… |
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