cfr_sections
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128 rows where part_number = 406 sorted by section_id
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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 |
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| 14:14:4.0.2.8.6.1.24.1 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | A | Subpart A—Investigations and Enforcement | § 406.1 Hearings in license, permit, and payload actions. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended by Amdt. 406-4, 72 FR 17017, Apr. 6, 2007; Amdt. 406-7, 77 FR 20532, Apr. 5, 2012] | (a) Pursuant to 51 U.S.C. 50912, the following are entitled to a determination on the record after an opportunity for a hearing in accordance with 5 U.S.C. 554. (1) An applicant for a license and a proposed transferee of a license regarding any decision to issue or transfer a license with conditions or to deny the issuance or transfer of such license; (2) An owner or operator of a payload regarding any decision to prevent the launch or reentry of the payload; (3) A licensee regarding any decision to suspend, modify, or revoke a license or to terminate, prohibit, or suspend any licensed activity; (4) An applicant for a permit regarding an FAA decision to issue a permit with conditions or to deny the issuance of the permit; and (5) A permittee regarding any decision to suspend, modify, or revoke a permit or to terminate, prohibit, or suspend any permitted activity. (b) An administrative law judge will be designated to preside over any hearing held under this part. | |||
| 14:14:4.0.2.8.6.1.24.2 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | A | Subpart A—Investigations and Enforcement | § 406.3 Submissions; oral presentation in license, permit, and payload actions. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended by Amdt. 406-3, 71 FR 50530, Aug. 25, 2006; Amdt. 406-4, 72 FR 17017, Apr. 6, 2007] | (a) The FAA will make decisions about license, permit, and payload actions under this subpart based on written submissions unless the administrative law judge requires an oral presentation. (b) Submissions must include a detailed exposition of the evidence or arguments supporting the petition. Where an applicant must demonstrate an equivalent level of safety or fidelity, the applicant must make a clear and convincing demonstration. (c) Petitions shall be filed as soon as practicable, but in no event more than 30 days after issuance of decision or finding under § 406.1. | |||
| 14:14:4.0.2.8.6.1.24.3 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | A | Subpart A—Investigations and Enforcement | § 406.5 Administrative law judge's recommended decision in license, permit, and payload actions. | FAA | (a) The Associate Administrator, who shall make the final decision on the matter at issue, shall review the recommended decision of the administrative law judge. The Associate Administrator shall make such final decision within thirty days of issuance of the recommended decision. (b) The authority and responsibility to review and decide rests solely with the Associate Administrator and may not be delegated. | ||||
| 14:14:4.0.2.8.6.1.24.4 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | A | Subpart A—Investigations and Enforcement | § 406.7 [Reserved] | FAA | |||||
| 14:14:4.0.2.8.6.1.24.5 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | A | Subpart A—Investigations and Enforcement | § 406.9 Civil penalties. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended by Amdt. 406-4, 72 FR 17017, Apr. 6, 2007; 72 FR 68475, Dec. 5, 2007; 75 FR 30693, June 2, 2010; Amdt. 406-7, 77 FR 20532, Apr. 5, 2012; 79 FR 61992, Oct. 16, 2014; Amdt. 406-10, 81 FR 43469, July 5, 2016; Doc. No. FAA-2016-7004, Amdt. 406-11, 82 FR 17101, Apr. 10, 2017; 83 FR 60743, Nov. 27, 2018; 84 FR 37070, July 31, 2019; 86 FR 1755, Jan. 11, 2021; 86 FR 23251, May 3, 2021; 87 FR 15865, Mar. 21, 2022; 88 FR 1124, Jan. 6, 2023; 88 FR 89559, Dec. 28, 2023; 89 FR 106292, Dec. 30, 2024] | (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person found by the Federal Aviation Administration (FAA) to have violated a requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act, is liable to the United States for a civil penalty of not more than $299,772 for each violation. A separate violation occurs for each day the violation continues. (b) Delegations. The authority to impose civil penalties is exercised by an agency attorney as described in § 406.105. (c) Notice of proposed civil penalty. A civil penalty action is initiated when the agency attorney advises a person, referred to as the respondent, of the charges or other reasons upon which the FAA bases the proposed action and allows the respondent to answer the charges and to be heard as to why the civil penalty should not be imposed. A notice of proposed civil penalty states the facts alleged; any requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act allegedly violated by the respondent; and the amount of the proposed civil penalty. Not later than 30 days after receipt of the notice of proposed civil penalty the respondent may elect to proceed by one or more of the following: (1) Pay the amount of the proposed civil penalty or an agreed upon amount, in which case the agency attorney will issue either an order imposing civil penalty or a compromise order in that amount. (2) Submit to the agency attorney one of the following: (i) Written information, including documents and witnesses statements, demonstrating that a violation did not occur or that a penalty, or the amount of the proposed penalty, is not warranted by the circumstances. (ii) A written request to reduce the proposed civil penalty, the amount of reduction, and the reasons and any document supporting a reduction of the proposed civil penalty, including records indicating a financial inability to pay o… | |||
| 14:14:4.0.2.8.6.1.24.6 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | A | Subpart A—Investigations and Enforcement | §§ 406.10-406.100 [Reserved] | FAA | |||||
| 14:14:4.0.2.8.6.2.24.1 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.101 Applicability. | FAA | (a) Adjudications to which these rules apply. These rules apply to the following adjudications: (1) A civil penalty action in which the respondent has requested a hearing under § 406.9. (2) [Reserved] (b) [Reserved] | ||||
| 14:14:4.0.2.8.6.2.24.10 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.119 Computation of time. | FAA | (a) This section applies to any period of time prescribed or allowed by this subpart, by notice or order of the administrative law judge or the FAA decisionmaker, or by any applicable statute. (b) The date of an act, event, or default, after which a designated time period begins to run, is not included in a computation of time under this subpart. (c) The last day of a time period is included in a computation of time unless it is a Saturday, Sunday, or a legal holiday. If the last day of the time period is a Saturday, Sunday, or legal holiday, the time period runs until the end of the next day that is not a Saturday, Sunday, or legal holiday. | ||||
| 14:14:4.0.2.8.6.2.24.11 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.121 Extension of time. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68476, Dec. 5, 2007] | Before an appeal is filed with the FAA decisionmaker, the parties may seek an extension of time as follows: (a) Extension of time by agreement of the parties. The parties may agree to extend for a reasonable period of time for filing a document under this subpart with the agreement of the administrative law judge. The party seeking the extension of time must submit a draft order to the administrative law judge for signature, file it with the Federal Docket Management System, and serve it on each party. (b) Motion for extension of time. If the parties do not agree to an extension of time for filing a document, a party desiring an extension may file with the Federal Docket Management System and serve a written motion for an extension of time not later than 7 days before the document is due unless good cause for the late filing is shown. The administrative law judge may grant the extension of time if good cause for the extension is shown. (c) Failure to rule. If the administrative law judge fails to rule on a written motion for an extension of time by the date the document is due, the motion for an extension of time is granted for no more than 20 days after the original date the document was to be filed. | |||
| 14:14:4.0.2.8.6.2.24.12 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.123 Waivers. | FAA | Waivers of any rights provided by statute or regulation must be in writing or by stipulation made at a hearing and entered into the record. The parties must set forth the precise terms of the waiver and any conditions. | ||||
| 14:14:4.0.2.8.6.2.24.13 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.127 Complaint and answer in civil penalty adjudications. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended by Amdt. 406-4, 72 FR 17017, Apr. 6, 2007; 72 FR 68476, Dec. 5, 2007] | (a) Complaint —(1) Filing. The complainant must file the original and one copy of the complaint with the Federal Docket Management System, or may file a written motion pursuant to 406.141(f)(1) instead of filling a complaint, not later than 20 days after receipt by the complainant of a request for hearing. The complainant should suggest a location for the hearing when filing the complaint. (2) Service. The complainant must personally deliver or mail a copy of the complaint to the respondent, or the respondent's attorney or representative who has filed a notice of appearance in accordance with § 406.107. (3) Contents of complaint. The final notice of proposed civil penalty issued under § 406.9(d) may be filed as the complaint. A complaint must set forth the following in sufficient detail to provide notice: (i) The facts alleged. (ii) Any requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act allegedly violated by the respondent. (iii) The proposed civil penalty. (b) Answer —(1) Time for filing. The respondent must file an answer to the complaint, or may file a written motion pursuant to § 406.141(f)(2) instead of filing an answer, not later than 30 days after service of the complaint. (2) Form. The answer must be in writing. The answer may be in the form of a letter but must be dated and signed by the person responding to the complaint. The answer must be legible, and may be handwritten, typed, or printed from a computer. (3) Filing and service. A respondent must file the answer with the Federal Docket Management System and serve a copy of the answer on the agency attorney who filed the complaint. (4) Contents of answer —(i) Specific denial of allegations required. The respondent must admit, deny, or state that the respondent is without sufficient knowledge or information to admit or deny, each numbered paragraph of the complaint. Any statement or allegation contained in the complaint that is not speci… | |||
| 14:14:4.0.2.8.6.2.24.14 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.133 Amendment of pleadings. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68477, Dec. 5, 2007] | (a) Time. A party must file with the Federal Docket Management System and serve on each other party any amendment to a complaint or an answer as follows: (1) Not later than 15 days before the scheduled date of a hearing, a party may amend a complaint or an answer without the consent of the administrative law judge. (2) Less than 15 days before the scheduled date of a hearing, the administrative law judge may allow amendment of a complaint or an answer only for good cause shown in a motion to amend. (b) Responses. The administrative law judge must allow a reasonable time, but not more than 20 days from the date of filing, for other parties to respond to an amendment to a complaint or answer. | |||
| 14:14:4.0.2.8.6.2.24.15 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.135 Withdrawal of complaint or request for hearing. | FAA | At any time before or during a hearing, the complainant may withdraw a complaint or a party may withdraw a request for a hearing without the consent of the administrative law judge. If the complainant withdraws the complaint or a party withdraws the request for a hearing and the answer, the administrative law judge must dismiss the proceedings under this subpart with prejudice. | ||||
| 14:14:4.0.2.8.6.2.24.16 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.137 Intervention. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68477, Dec. 5, 2007] | (a) A person may file with the Federal Docket Management System and serve on each other party a motion for leave to intervene as party in an adjudication. Except for good cause shown, a motion for leave to intervene must be filed not later than 10 days before the hearing. (b) The administrative law judge may grant a motion for leave to intervene if the administrative law judge finds that— (1) Intervention will not unduly broaden the issues or delay the proceedings, and (2) The intervener will be bound by any order or decision entered in the action or the intervener has a property, financial, or other legitimate interest that may not be addressed adequately by the parties. (c) The administrative law judge may determine the extent to which an intervener may participate in the proceedings. | |||
| 14:14:4.0.2.8.6.2.24.17 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.139 Joint procedural or discovery schedule. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68477, Dec. 5, 2007] | (a) General. The parties may agree to submit a schedule for filing all prehearing motions or for conducting discovery or both. (b) Form and content of schedule. If the parties agree to a joint procedural or discovery schedule, one of the parties must file with the Federal Docket Management System and serve the joint schedule, setting forth the dates to which the parties have agreed. One of the parties must draft an order establishing a joint schedule for the administrative law judge. (1) The joint schedule may include, but need not be limited to, times for requests for discovery, any objections to discovery requests, responses to discovery requests, submission of prehearing motions, responses to prehearing motions, exchange of exhibits to be introduced at the hearing, and lists of witnesses that may be called at the hearing. (2) Each party must sign the original joint schedule. (c) Time. The parties may agree to submit all prehearing motions and responses and may agree to close discovery in the proceedings under the joint schedule within a reasonable time before the date of the hearing, but not later than 15 days before the hearing. (d) Order establishing joint schedule. The administrative law judge must approve the joint schedule filed by the parties by signing the joint schedule and filing it with the Federal Docket Management System. (e) Disputes. The administrative law judge must resolve any dispute regarding discovery or regarding compliance with the joint schedule as soon as possible so that the parties may continue to comply with the joint schedule. (f) Sanctions for failure to comply with joint schedule. If a party fails to comply with the order establishing a joint schedule, the administrative law judge may direct that party to comply with a motion to compel discovery; or, limited to the extent of the party's failure to comply with a motion or discovery request, the administrative law judge may: (1) Strike that portion of a party's pleadings; (2) Preclude prehearing or discovery moti… | |||
| 14:14:4.0.2.8.6.2.24.18 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.141 Motions. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68477, Dec. 5, 2007] | (a) General. A party applying for an order or ruling not specifically provided in this subpart must do so by motion. A party must comply with the requirements of this section when filing a motion for consideration by the administrative law judge or the FAA decisionmaker on appeal. (b) Contents. A party must state the relief sought by the motion and the particular grounds supporting that relief. If a party has evidence in support of a motion, the party must attach any evidence, including affidavits, to the motion. (c) Form and time. Except for oral motions heard on the record, a motion made prior to the hearing must be in writing. Unless otherwise agreed by the parties or for good cause shown, a party must file any prehearing motion with the Federal Docket Management System and serve each other party not later than 30 days before the hearing. (d) Answers to motions. Any party may file and serve an answer, with affidavits or other evidence in support of the answer, not later than 10 days after service of a written motion on that party. When a motion is made during a hearing, the answer may be made at the hearing on the record, orally or in writing, within a reasonable time determined by the administrative law judge. (e) Rulings on motions. The administrative law judge must rule on all motions as follows: (1) Discovery motions. The administrative law judge must resolve all pending discovery motions not later than 10 days before the hearing. (2) Prehearing motions. The administrative law judge must resolve all pending prehearing motions not later than 7 days before the hearing. If the administrative law judge issues a ruling or order orally, the administrative law judge must serve a written copy of the ruling or order, within 3 days, on each party. In all other cases, the administrative law judge must issue rulings and orders in writing and must serve a copy of the ruling or order on each party. (3) Motions made during the hearing. The administrative law judge may issue rulings and orders on mo… | |||
| 14:14:4.0.2.8.6.2.24.19 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.143 Discovery. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68477, Dec. 5, 2007] | (a) Initiation of discovery. Any party may initiate discovery described in this section, without the consent or approval of the administrative law judge, at any time after a complaint has been filed. (b) Methods of discovery. The following methods of discovery are permitted under this section: depositions on oral examination or written questions of any person; written interrogatories directed to a party; requests for production of documents or tangible items to any person; and requests for admission by a party. A party is not required to file written interrogatories and responses, requests for production of documents or tangible items and responses, and requests for admission and responses with the Federal Docket Management System or submit any of them to the administrative law judge. In the event of a discovery dispute, a party must attach a copy of these documents in support of a motion filed under this section. (c) Service on the agency. A party must serve each discovery request directed to the agency or any agency employee with the agency attorney. (d) Time for response to discovery request. Unless otherwise directed by this subpart or agreed by the parties, a party must respond to a request for discovery, including filing objections to a request for discovery, not later than 30 days after service of the request. (e) Scope of discovery. Subject to the limits on discovery set forth in paragraph (f) of this section, a party may discover any matter that is not privileged and that is relevant to the subject matter of the proceeding. A party may discover information that relates to the claim or defense of any party including the existence, description, nature, custody, condition, and location of any document or other tangible item and the identity and location of any person having knowledge of discoverable matter. A party may discover facts known, or opinions held, by an expert who any other party expects to call to testify at the hearing. A party has no ground to object to a discovery request on the… | |||
| 14:14:4.0.2.8.6.2.24.2 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.103 Definitions that apply in part 406. | FAA | For the purpose of this part: Administrative law judge means an administrative law judge appointed pursuant to the provisions of 5 U.S.C. 3105. Attorney means a person licensed by a state, the District of Columbia, or a territory of the United States to practice law or appear before the courts of that state or territory. Complainant in a civil penalty action means the proponent of the civil penalty in the FAA. FAA decisionmaker means the Associate Administrator for Commercial Space Transportation, or the Administrator of the Federal Aviation Administration, acting in the capacity of the decisionmaker on appeal; or a person who has been delegated the authority to act for the FAA decisionmaker. As used in this part, the FAA decisionmaker is the official authorized to issue a final decision and order of the Secretary in an action. Mail means U.S. first class mail, U.S. certified mail, U.S. registered mail, or an express courier service. Party means the respondent or the complainant. Personal delivery includes hand-delivery or use of a same-day messenger service. “Personal delivery” does not include the use of Government interoffice mail service. Properly addressed means using an address contained in agency records; a residential, business, or other address used by a person on any document submitted under this part; or any other address determined by other reasonable and available means. Respondent means a person who has been charged with a violation. | ||||
| 14:14:4.0.2.8.6.2.24.20 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.147 Notice of hearing. | FAA | (a) Notice. The administrative law judge must give each party at least 60 days notice of the date, time, and location of the hearing. (b) Date, time, and location of the hearing. The administrative law judge must set a reasonable date, time, and location for the hearing within the United States. The administrative law judge must consider the need for discovery and any joint procedural or discovery schedule submitted by the parties when determining the hearing date. The administrative law judge must give due regard to the convenience of the parties, the location where the majority of the witnesses reside or work, and whether a scheduled air carrier serves the location. (c) Earlier hearing. With the consent of the administrative law judge, the parties may agree to hold the hearing on an earlier date than the date specified in the notice of hearing. (d) Space hearing consolidated with aviation hearing under 14 CFR part 13 subpart G. With the consent of the administrative law judge, the parties may agree to hold the hearing, or parts of the hearing, together with a hearing under 14 CFR part 13 subpart G if the cases involve some common issues of fact. If the hearings are consolidated, the administrative law judge may issue a consolidated initial decision covering both cases. The Administrator will serve as the FAA decisionmaker on appeal for both cases and will issue a consolidated decision, with the Associate Administrator for Commercial Space Transportation serving as an advisor to the FAA decisionmaker. | ||||
| 14:14:4.0.2.8.6.2.24.21 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.149 Evidence. | FAA | (a) General. A party is entitled to present the party's case or defense by oral, documentary, or demonstrative evidence, to submit rebuttal evidence, and to conduct any cross-examination that may be required for a full and true disclosure of the facts. (b) Admissibility. A party may introduce any oral, documentary, or demonstrative evidence in support of the party's case or defense. The administrative law judge must admit any oral, documentary, or demonstrative evidence introduced by a party but must exclude irrelevant, immaterial, or unduly repetitious evidence. (c) Hearsay evidence. Hearsay evidence is admissible in proceedings governed by this subpart. The fact that evidence submitted by a party is hearsay goes only to the weight of the evidence and does not affect its admissibility. | ||||
| 14:14:4.0.2.8.6.2.24.22 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.151 Standard of proof. | FAA | The administrative law judge must issue an initial decision or must rule in a party's favor only if the decision or ruling is supported by, and in accordance with, the reliable, probative, and substantial evidence contained in the record. In order to prevail, the party with the burden of proof must prove the party's case or defense by a preponderance of reliable, probative, and substantial evidence. | ||||
| 14:14:4.0.2.8.6.2.24.23 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.153 Burden of proof. | FAA | (a) Except in the case of an affirmative defense, in a civil penalty adjudication the burden of proof is on the complainant. (b) Except as otherwise provided by statute or rule, the proponent of a motion, request, or order has the burden of proof. (c) A party who has asserted an affirmative defense has the burden of proving the affirmative defense. | ||||
| 14:14:4.0.2.8.6.2.24.24 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.155 Offer of proof. | FAA | A party whose evidence has been excluded by a ruling of the administrative law judge may offer the evidence for the record on appeal. | ||||
| 14:14:4.0.2.8.6.2.24.25 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.157 Expert or opinion witnesses. | FAA | An employee of the FAA may not be called as an expert or opinion witness for any party other than the agency, in any proceeding governed by this part. An employee of a respondent may not be called as an expert or opinion witness for the complainant in any proceeding governed by this part to which the respondent is a party. | ||||
| 14:14:4.0.2.8.6.2.24.26 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.159 Subpoenas. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended by Amdt. 406-7, 77 FR 20533, Apr. 5, 2012] | (a) Request for subpoena. A party may obtain from the administrative law judge a subpoena to compel the attendance of a witness at a deposition or hearing or to require the production of documents or tangible items. The administrative law judge must deliver the subpoena, signed by the administrative law judge but otherwise in blank, to the party. The party must complete the subpoena, stating the title of the action and the date and time for the witness' attendance or production of documents or items. The party who obtained the subpoena must serve the subpoena on the witness. (b) Motion to quash or modify the subpoena. A party, or any person upon whom a subpoena has been served, may file a motion to quash or modify the subpoena at or before the time specified in the subpoena for compliance. The applicant must describe, in detail, the basis for the motion to quash or modify the subpoena including, but not limited to, a statement that the testimony, document, or tangible evidence is not relevant to the proceeding, that the subpoena is not reasonably tailored to the scope of the proceeding, or that the subpoena is unreasonable and oppressive. A motion to quash or modify the subpoena will stay the effect of the subpoena pending a decision by the administrative law judge on the motion. (c) Enforcement of subpoena. Upon a showing that a person has failed or refused to comply with a subpoena, the Secretary may apply to the appropriate district court of the United States to seek enforcement of the subpoena in accordance with 51 U.S.C. 50917(c). A party may request the Secretary to seek such enforcement. | |||
| 14:14:4.0.2.8.6.2.24.27 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.161 Witness fees. | FAA | (a) General. Unless otherwise authorized by the administrative law judge, the party who applies for a subpoena to compel the attendance of a witness at a deposition or hearing, or the party at whose request a witness appears at a deposition or hearing, must pay the witness fees described in this section. (b) Amount. Except for an employee of the agency who appears at the direction of the agency, a witness who appears at a deposition or hearing is entitled to the same fees and mileage expenses as are paid to a witness in a court of the United States in comparable circumstances. | ||||
| 14:14:4.0.2.8.6.2.24.28 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.163 Record. | FAA | (a) Exclusive record. The transcript of all testimony in the hearing; all exhibits received into evidence; the complaint, answer, and amendments thereto; all motions, applications, and requests, and responses thereto; and all rulings constitute the exclusive record for decision of the proceedings and the basis for the issuance of any orders in the proceeding. (b) A person may keep the original document, data, or other evidence, with the consent of the administrative law judge, by substituting a legible copy for the record. | ||||
| 14:14:4.0.2.8.6.2.24.29 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.165 Argument before the administrative law judge. | FAA | (a) Argument during the hearing. During the hearing, the administrative law judge must give the parties a reasonable opportunity to present arguments on the record supporting or opposing motions, objections, and rulings if the parties request an opportunity for argument. The administrative law judge may request written arguments during the hearing if the administrative law judge finds that submission of written arguments would be reasonable. (b) Final oral argument. At the conclusion of the hearing and before the administrative law judge issues an initial decision in the proceedings, the parties are entitled to submit oral proposed findings of fact and conclusions of law, exceptions to rulings of the administrative law judge, and supporting arguments for the findings, conclusions, or exceptions. At the conclusion of the hearing, a party may waive final oral argument. (c) Post-hearing briefs. The administrative law judge may request written post-hearing briefs before the administrative law judge issues an initial decision if the administrative law judge finds that submission of written briefs would be reasonable. If a party files a written post-hearing brief, the party must include proposed findings of fact and conclusions of law, exceptions to rulings of the administrative law judge, and supporting arguments for the findings, conclusions, or exceptions. The administrative law judge must give the parties a reasonable opportunity, not more than 30 days after receipt of the transcript, to prepare and submit the briefs. | ||||
| 14:14:4.0.2.8.6.2.24.3 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.105 Separation of functions for prosecuting civil penalties and advising the FAA decisionmaker. | FAA | (a) Agency attorney. The authority to prosecute civil penalties within the FAA is exercised by an agency attorney in accordance with § 406.9. (1) The following officials have the authority to act as the agency attorney under this part: The Deputy Chief Counsel; the Assistant Chief Counsel for Enforcement; the Assistant Chief Counsel for Regulations; the Assistant Chief Counsel for Europe, Africa, and Middle East Area Office; each Regional Counsel; and each Center Counsel. This authority may be delegated further. (2) An agency attorney may not include: (i) The Chief Counsel or the Assistant Chief Counsel for Litigation; (ii) Any attorney on the staff of the Assistant Chief Counsel for Litigation who advises the FAA decisionmaker regarding an initial decision or any appeal to the FAA decisionmaker; or (iii) Any attorney who is supervised in a civil penalty action by a person who provides such advice to the FAA decisionmaker in that action or a factually-related action. (b) Advisors to the FAA decisionmaker. (1) The Chief Counsel, the Assistant Chief Counsel for Litigation or an attorney on the staff of the Assistant Chief Counsel for Litigation, will advise the FAA decisionmaker regarding an initial decision or any appeal of an action to the FAA decisionmaker. (2) An agency employee engaged in the performance of investigative or prosecutorial functions must not, in that case or a factually-related case, participate or give advice in a decision by the administrative law judge or by the FAA decisionmaker on appeal, except as counsel or a witness in the public proceedings. | ||||
| 14:14:4.0.2.8.6.2.24.30 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.167 Initial decision. | FAA | (a) Contents. The administrative law judge must issue an initial decision at the conclusion of the hearing. In each oral or written decision, the administrative law judge must include findings of fact and conclusions of law, and the grounds supporting those findings and conclusions, upon all material issues of fact, the credibility of witnesses, the applicable law, any exercise of the administrative law judge's discretion, the amount of any civil penalty found appropriate by the administrative law judge, and a discussion of the basis for any order issued in the proceedings. The administrative law judge is not required to provide a written explanation for rulings on objections, procedural motions, and other matters not directly relevant to the substance of the initial decision. If the administrative law judge refers to any previous unreported or unpublished initial decision, the administrative law judge must make copies of that initial decision available to all parties and the FAA decisionmaker. (b) Oral decision. Except as provided in paragraph (c) of this section, at the conclusion of the hearing, the administrative law judge must issue the initial decision and order orally on the record. (c) Written decision. The administrative law judge may issue a written initial decision not later than 30 days after the conclusion of the hearing or submission of the last posthearing brief if the administrative law judge finds that issuing a written initial decision is reasonable. The administrative law judge must serve a copy of any written initial decision on each party. | ||||
| 14:14:4.0.2.8.6.2.24.31 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.173 Interlocutory appeals. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68477, Dec. 5, 2007; Amdt. 406-7, 77 FR 20533, Apr. 5, 2012] | (a) General. Unless otherwise provided in this subpart, a party may not appeal a ruling or decision of the administrative law judge to the FAA decisionmaker until the initial decision has been entered on the record. A decision or order of the FAA decisionmaker on an interlocutory appeal does not constitute a final order of the Secretary for the purposes of judicial review under 5 U.S.C. chapter 7. (b) Interlocutory appeal for cause. If a party files a written request for an interlocutory appeal for cause, or orally requests an interlocutory appeal for cause, the proceedings are stayed until the administrative law judge issues a decision on the request. If the administrative law judge grants the request, the proceedings are stayed until the FAA decisionmaker issues a decision on the interlocutory appeal. The administrative law judge must grant an interlocutory appeal for cause if a party shows that delay of the interlocutory appeal would be detrimental to the public interest or would result in undue prejudice to any party. (c) Interlocutory appeals of right. If a party notifies the administrative law judge of an interlocutory appeal of right, the proceedings are stayed until the FAA decisionmaker issues a decision on the interlocutory appeal. A party may file an interlocutory appeal, without the consent of the administrative law judge, before an initial decision has been entered in the case of: (1) A ruling or order by the administrative law judge barring a party, or a party's attorney or representative, from the proceedings. (2) A ruling or order by the administrative law judge allegedly in violation of the limitations on the administrative law judge under § 406.109(c). (3) Failure of the administrative law judge to grant a motion for a confidentiality order based on 51 U.S.C. 50916, under § 406.117(c)(2). (4) Failure of the administrative law judge to dismiss the proceedings in accordance with § 406.135. (d) Procedure. A party must file with the Federal Docket Management System and serve each othe… | |||
| 14:14:4.0.2.8.6.2.24.32 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.175 Appeal from initial decision. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68477, Dec. 5, 2007] | (a) Notice of appeal. A party may appeal the initial decision, and any decision not previously appealed pursuant to 406.173, by filing with the Federal Docket Management System and serving on each party a notice of appeal. A party must file the notice of appeal not later than 10 days after entry of the oral initial decision on the record or service of the written initial decision on the parties. (b) Issues on appeal. A party may appeal only the following issues: (1) Whether each finding of fact is supported by a preponderance of reliable, probative, and substantial evidence; (2) Whether each conclusion of law is made in accordance with applicable law, precedent, and public policy; and (3) Whether the administrative law judge committed any prejudicial errors during the hearing that support the appeal. (c) Perfecting an appeal. Unless otherwise agreed by the parties, a party must perfect an appeal, not later than 50 days after entry of the oral initial decision on the record or service of the written initial decision on the party, by filing an appeal brief. (1) Extension of time by agreement of the parties. The parties may agree to extend the time for perfecting the appeal with the consent of the FAA decisionmaker, who serves a letter confirming the extension of time on each party. (2) Motion for extension. If the parties do not agree to an extension of time for perfecting an appeal, a party desiring an extension of time may file a motion for an extension and must serve a copy of the motion on each party. The FAA decisionmaker may grant an extension if good cause for the extension is shown in the motion. (d) Appeal briefs. A party must file the appeal brief with the Federal Docket Management System and serve each party. (1) A party must set forth, in detail, the party's specific objections to the initial decision or rulings in the appeal brief. A party also must set forth, in detail, the basis for the appeal, the reasons supporting the appeal, and the relief requested in the appeal. If the part… | |||
| 14:14:4.0.2.8.6.2.24.33 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.177 Petition to reconsider or modify a final decision and order of the FAA decisionmaker on appeal. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68477, Dec. 5, 2007] | (a) General. Any party may petition the FAA decisionmaker to reconsider or modify a final decision and order issued by the FAA decisionmaker on appeal from an initial decision. A party must file a petition to reconsider or modify with the Federal Docket Management System not later than 30 days after service of the FAA decisionmaker's final decision and order on appeal and must serve a copy of the petition on each party. The FAA decisionmaker will not reconsider or modify an initial decision and order issued by an administrative law judge that has not been appealed by any party to the FAA decisionmaker. (b) Contents. A party must state briefly and specifically the alleged errors in the final decision and order on appeal, the relief sought by the party, and the grounds that support, the petition to reconsider or modify. (1) If the petition is based, in whole or in part, on allegations regarding the consequences of the FAA decisionmaker's decision, the party must describe these allegations and must describe, and support, the basis for the allegations. (2) If the petition is based, in whole or in part, on new material not previously raised in the proceedings, the party must set forth the new material and include affidavits of prospective witnesses and authenticated documents that would be introduced in support of the new material. The party must explain, in detail, why the new material was not discovered through due diligence prior to the hearing. (c) Repetitious and frivolous petition. The FAA decisionmaker will not consider a repetitious or frivolous petition. The FAA decisionmaker may summarily dismiss any repetitious or frivolous petition to reconsider or modify. (d) Reply to petition. Any other party may reply to a petition to reconsider or modify, not later than 10 days after service of the petition on that party, by filing a reply. A party must serve a copy of the reply on each party. (e) Effect of filing petition. Unless otherwise ordered by the FAA decisionmaker, filing a petition under this … | |||
| 14:14:4.0.2.8.6.2.24.34 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.179 Judicial review of a final decision and order. | FAA | (a) A person may seek judicial review of a final decision and order of the FAA decisionmaker as provided in 5 U.S.C. chapter 7 and 28 U.S.C. 1331. A party seeking judicial review must file with a United States district court. (b) In accordance with § 406.9(e)(iv), if a person seeks judicial review not later than 60 days after the final decision and order has been served on the respondent, the final decision and order is stayed. (c) In accordance with § 406.9(i), if a respondent does not pay a civil penalty and does not file an appeal with the United States district court within 60 days after service of the final decision and order, the FAA may refer the order to the United States Department of Treasury or Department of Justice to collect the civil penalty. | ||||
| 14:14:4.0.2.8.6.2.24.4 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.107 Appearances of parties, and attorneys and representatives. | FAA | (a) Any party may appear and be heard in person. (b) Any party may be accompanied, represented, or advised by an attorney or representative designated by the party. (1) An attorney or representative who represents a party must file a notice of appearance in the action with the Docket Management System and must serve a copy of the notice of appearance on each other party before participating in any proceeding governed by this subpart. (2) The attorney or representative must include his or her name, address, and telephone number in the notice of appearance. (3) That attorney or representative in any proceeding governed by this subpart may examine the party. (4) Service of a document on the party's attorney or representative is considered to be service on the party. (c) An agency attorney represents the complainant. | ||||
| 14:14:4.0.2.8.6.2.24.5 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.109 Administrative law judges—powers and limitations. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68475, Dec. 5, 2007] | (a) Powers of an administrative law judge. In accordance with the rules of this subpart, an administrative law judge may: (1) Give notice of, and hold, prehearing conferences and hearings; (2) Administer oaths and affirmations; (3) Issue subpoenas authorized by law and requested by the parties; (4) Rule on offers of proof; (5) Receive relevant and material evidence; (6) Regulate the course of the hearing in accordance with the rules of this subpart; (7) Hold conferences to settle or to simplify the issues by consent of the parties; (8) Dispose of procedural motions and requests; and (9) Make findings of fact and conclusions of law, and issue an initial decision. (b) Duties to maintain the record. (1) The administrative law judge must file with the FDMS, or instruct the party to file with the FDMS, a copy of each document that is submitted to the administrative law judge that has not bee filed with FDMS, except the portions of those documents that contain confidential information. (2) The administrative law judge must file with the FDMS a copy of each ruling and order issued by the administrative law judge, except those portions that contain confidential information. (3) The administrative law judge must file with the FDMS, or instruct the court reporter to file with the FDMS, a copy of each transcript and exhibit, except those portions that contain confidential information. (4) The administrative law judge must maintain any confidential information filed in accordance with § 406.117 and deliver it to the Assistant Chief Counsel for Litigation when the administrative law judge no longer needs it. (c) Limitations on the power of the administrative law judge. The administrative law judge may not issue an order of contempt, award costs to any party, or impose any sanction not specified in this subpart. If the administrative law judge imposes any sanction not specified in this subpart, a party may file an interlocutory appeal of right pursuant to § 406.173(c). This section does not preclude an admi… | |||
| 14:14:4.0.2.8.6.2.24.6 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.111 Signing documents. | FAA | (a) Signature required. The party, or the party's attorney or representative, must sign each document tendered for filing or served on each party. (b) Effect of signing a document. By signing a document, the party, or the party's attorney or representative, certifies that he or she has read the document and, based on reasonable inquiry and to the best of that individual's knowledge, information, and belief, the document is— (1) Consistent with these rules; (2) Warranted by existing law or that a good faith argument exists for extension, modification, or reversal of existing law; and (3) Not unreasonable or unduly burdensome or expensive, not made to harass any person, not made to cause unnecessary delay, not made to cause needless increase in the cost of the proceedings, or for any other improper purpose. (c) Sanctions. If an individual signs a document in violation of this section, the administrative law judge or the FAA decisionmaker must: (1) Strike the pleading signed in violation of this section; (2) Strike the request for discovery or the discovery response signed in violation of this section and preclude further discovery by the party; (3) Deny the motion or request signed in violation of this section; (4) Exclude the document signed in violation of this section from the record; (5) Dismiss the interlocutory appeal and preclude further appeal on that issue by the party who filed the appeal until an initial decision has been entered on the record; or (6) Dismiss the appeal of the administrative law judge's initial decision to the FAA decisionmaker. | ||||
| 14:14:4.0.2.8.6.2.24.7 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.113 Filing documents with the Docket Management System (DMS) and sending documents to the administrative law judge and Assistant Chief Counsel for Litigation. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68476, Dec. 5, 2007] | (a) The Federal Docket Management System (FDMS). (1) Documents filed in a civil penalty adjudication are kept in the Federal Docket Management System (FDMS), except for documents that contain confidential information in accordance with 406.117. The FDMS is an electronic docket. Documents that are filed are scanned into the electronic docket and an index is made of all documents that have been filed so that any person may view the index and documents as provided in paragraph (f) of this section. (2) A party is not required to file written interrogatories and responses, requests for production of documents or tangible items and responses, and requests for admission and responses with the Federal Docket Management System or submit them to administrative law judge, except as provided in 406.143. (b) Method of filing. A person filing a document must mail or personally deliver the signed original and one copy of each document to the FDMS at the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590. A person must serve a copy of each document on each party in accordance with 406.115. (c) Date of filing. The date of filing is the date of personal delivery, or if mailed, the mailing date shown on any certificate of service, the date shown on the postmark if there is no certificate of service, or other mailing data shown by other evidence if there is no certificate of service or postmark. The date shown in the FDMS index is not necessarily the date of service. It is the date the FDMS received the document. (d) Form. FDMS scans the document into its electronic docket. To ensure that FDMS can scan the document and correctly identify it in the index, each person filing a document must comply with the following: (1) Each document must be legible. It may be handwritten, typewritten, or printed from a computer. (2) Each document must have a caption on its first page, clearly visible, with the following information: (i) “FAA… | |||
| 14:14:4.0.2.8.6.2.24.8 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.115 Serving documents on other parties. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended at 72 FR 68476, Dec. 5, 2007] | (a) Service required. A person must serve on each other party at the time of filing a copy of any document filed with the Federal Docket Management System. Service on a party's attorney or representative of record is adequate service on the party. (b) Method of service. A person must serve documents by personal delivery or by mail. (c) Certificate of service. A person may attach a certificate of service to a document filed with the FDMS. Any certificate of service must include a statement, dated and signed by the individual filing the document, that the document was served on each party, the method of service, and the date of service. (d) Date of service. The date of service is the date of personal delivery; or if mailed, the mailing date shown on the certificate of service, the date shown on the postmark if there is no certificate of service, or other mailing date shown by other evidence if there is no certificate of service or postmark. The date shown in the FDMS index is not necessarily the date of service. It is the date the FDMS received the document. (e) Additional time after service by mail. Whenever a party has a right or a duty to act or to make any response within a prescribed period after service by mail, or on a specified date after service by mail, 5 days is added to the prescribed period. (f) Service by the administrative law judge. The administrative law judge must serve a copy of each document including, but not limited to, notices of pre-hearing conferences and hearings, rulings on motions, decisions, and orders, upon each party to the proceedings by personal delivery or by mail. (g) Service made. A document is deemed served in accordance with this subpart if it was properly addressed; was sent in accordance with this subpart; and was returned, not claimed, or refused. Service is considered valid as of the date and the time that the document was mailed, or personal delivery of the document was refused. (h) Presumption of service. There is a presumption of service where a pa… | |||
| 14:14:4.0.2.8.6.2.24.9 | 14 | Aeronautics and Space | III | B | 406 | PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW | B | Subpart B—Rules of Practice in FAA Space Transportation Adjudications | § 406.117 Confidential information. | FAA | [Doc. No. FAA-2001-8607, 66 FR 2180, Jan. 10, 2001, as amended by Amdt. 406-7, 77 FR 20532, Apr. 5, 2012] | (a) Filing confidential information. If a party wants certain information that the party is filing not made available to the public, the party must do the following: (1) Place the information in a separate sealed envelope and clearly mark the envelope “CONFIDENTIAL.” At least the first page of the document in the envelope also must be marked “CONFIDENTIAL.” (2) Attach to this envelope a cover document marked “Confidential information filed with administrative law judge” or “Confidential information filed with Assistant Chief Counsel for Litigation.” The cover document must include, at the least, a short statement of what is being filed, such as “Respondent's motion for confidentiality order.” (3) Unless such a motion has already been granted, enclose a motion for confidentiality order in accordance with paragraph (c) of this section. The motion must be in the sealed envelope if it contains confidential information; otherwise the motion must be outside of the sealed envelope. (b) Marked information not made public. If a party files a document in a sealed envelope clearly marked “CONFIDENTIAL” the document may not be made available to the public unless and until the administrative law judge or the FAA decisionmaker decides it may be made available to the public in accordance with 51 U.S.C. 50916. (c) Motion for confidentiality order. If a party is filing, is requested to provide in discovery, or intends to offer at the hearing, information that the party does not wish to be available to the public, the party must file a motion for a confidentiality order. (1) The party must state the specific grounds for withholding the information from the public. (2) If the party claims that the information is protected under 51 U.S.C. 50916, and if both the complainant and the respondent agree that the information is protected under that section, the administrative law judge must grant the motion. If one party does not agree that the information is protected under 51 U.S.C. 50916 the administrative law judge must de… | |||
| 29:29:2.1.4.1.7.0.1.1 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.1 Definitions. | OFCCP | [28 FR 14385, Dec. 27, 1963, as amended at 42 FR 59070, Nov. 15, 1977; 63 FR 33779, June 19, 1998] | As used in this part, the term: (a) Corresponding principal officers means any person or persons performing or authorized to perform, principal executive functions corresponding to those of president and treasurer of any entity engaged in whole or in part in the performance of the activities described in section 203(b) of the Labor-Management Reporting and Disclosure Act of 1959. (b) Fiscal year means the calendar year or other period of 12 consecutive calendar months, on the basis of which financial accounts are kept by a person. Where a person designates a new fiscal year prior to the expiration of a previously established fiscal year period, the resultant period of less than 12 consecutive calendar months, and thereafter the newly established fiscal year, shall in that order constitute the fiscal years. (c) Undertake means not only the performing of activities, but also the agreeing to perform them or to have them performed. (d) A direct or indirect party to an agreement or arrangement includes persons who have secured the services of another or of others in connection with an agreement or arrangement of the type referred to in § 406.2 as well as persons who have undertaken activities at the behest of another or of others with knowledge or reason to believe that they are undertaken as a result of an agreement or arrangement between an employer and any other person, except bona fide regular officers, supervisors or employees of their employer to the extent to which they undertook to perform services as such bona fide regular officers, supervisors or employees of their employer. | |||||
| 29:29:2.1.4.1.7.0.1.10 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.10 OMB control number. | OFCCP | [59 FR 15116, Mar. 31, 1994, as amended at 63 FR 46888, Sept. 3, 1998; 78 FR 8025, Feb. 5, 2013] | The collecting of information requirements in this part have been approved by the Office of Management and Budget and assigned OMB control number 1245-0003. | |||||
| 29:29:2.1.4.1.7.0.1.2 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.2 Agreement and activities report. | OFCCP | [28 FR 14385, Dec. 27, 1963, as amended at 50 FR 31309, Aug. 1, 1985; 81 FR 16021, Mar. 24, 2016; 83 FR 33842, July 18, 2018] | (a) Every person who as a direct or indirect party to any agreement or arrangement with an employer undertakes, pursuant to such agreement or arrangement, any activities where an object thereof is, directly or indirectly, (1) to persuade employees to exercise or not to exercise, or to persuade employees as to the manner of exercising, the right to organize and bargain collectively through representatives of their own choosing; or, (2) to supply an employer with information concerning the activities of employees or a labor organization in connection with a labor dispute involving such employer, except information for use solely in conjunction with an administrative or arbitral proceeding or a criminal or civil judicial proceeding; shall, as prescribed by the regulations in this part, file a report with the Office of Labor-Management Standards, and one copy thereof, on Form LM-20 1 entitled “Agreement and Activities Report (required of persons, including labor relations consultants and other individuals and organizations)” in the detail required by such form and the instructions accompanying such form and constituting a part thereof. The report shall be filed within 30 days after entering into an agreement or arrangement of the type described in this section. If there is any change in the information reported (other than that required by Item C. 10, (c) of the Form), it must be filed in a report clearly marked “Amended Report” within 30 days of the change. 1 Filed as part of the original document. (b) The report shall be signed by the president and treasurer or corresponding principal officers of the reporting person. If the report is filed by an individual in his own behalf, it need only bear his signature. | |||||
| 29:29:2.1.4.1.7.0.1.3 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.3 Receipts and disbursements report. | OFCCP | [28 FR 14385, Dec. 27, 1963, as amended at 50 FR 31310, Aug. 1, 1985] | (a) Every person who, as a direct or indirect party to any agreement or arrangement, undertakes any activities of the type described in § 406.2 pursuant to such agreement or arrangement and who, as a result of such agreement or arrangement made or received any payment during his fiscal year, shall, as prescribed by the regulations in this part, file a report and one copy thereof, with the Office of Labor-Management Standards, on Form LM-21 1 entitled “Receipts and Disbursements Report (required of persons, including labor relations consultants, other individuals and organizations)”, in the detail required by such form and the instructions accompanying such form and constituting a part thereof. The report shall be filed within 90 days after the end of such person's fiscal year during which payments were made or received as a result of such an agreement or arrangement. (b) The report shall be signed by the president and treasurer or corresponding principal officers of the reporting person. If the report is filed by an individual in his own behalf, it need only bear his signature. | |||||
| 29:29:2.1.4.1.7.0.1.4 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.4 Terminal report. | OFCCP | [28 FR 14385, Dec. 27, 1963, as amended at 50 FR 31310, Aug. 1, 1985] | (a) Every person required to file a report pursuant to the provisions of this part who during his fiscal year loses his identity as a reporting entity through merger, consolidation, dissolution, or otherwise shall within 30 days of the effective date thereof or of the effective date of this section, whichever is later, file a terminal report, and one copy thereof, with the Office of Labor-Management Standards, on Form LM-21 signed by the president and treasurer or corresponding principal officers immediately prior to the time of the person's loss of reporting identity (or by the person himself if he is an individual), together with a statement of the effective date of termination or loss of reporting identity, and if the latter, the name and mailing address of the entity into which the person reporting has been merged, consolidated or otherwise absorbed. (b) For purposes of the report referred to in paragraph (a) of this section, the period covered thereby shall be the portion of the reporting person's fiscal year ending on the effective date of the termination or loss of identity. | |||||
| 29:29:2.1.4.1.7.0.1.5 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.5 Persons excepted from filing reports. | OFCCP | Nothing contained in this part shall be construed to require: (a) Any person to file a report under this part unless he was a direct or indirect party to an agreement or arrangement of the kind described in § 406.2; (b) Any person to file a report covering the services of such person by reason of his (1) giving or agreeing to give advice to an employer; or (2) representing or agreeing to represent an employer before any court, administrative agency, or tribunal of arbitration; or (3) engaging or agreeing to engage in collective bargaining on behalf of an employer with respect to wages, hours, or other terms or conditions of employment or the negotiation of an agreement or any question arising thereunder; (c) Any regular officer, or employee of an employer to file a report in connection with services rendered as such regular officer, supervisor or employee to such employer; (d) An attorney who is a member in good standing of the bar of any State, to include in any report required to be filed pursuant to the provisions of this part any information which was lawfully communicated to such attorney by any of his clients in the course of a legitimate attorney-client relationship. | ||||||
| 29:29:2.1.4.1.7.0.1.6 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.6 Relation of section 8(c) of the National Labor Relations Act to this part. | OFCCP | While nothing contained in section 203 of the Act shall be construed as an amendment to, or modification of the rights protected by, section 8(c) of the National Labor Relations Act, as amended (61 Stat. 142; 29 U.S.C. 158 (c)), activities protected by such section of the said Act are not for that reason exempted from the reporting requirements of this part and, if otherwise subject to such reporting requirements, are required to be reported. Consequently, information required to be included in Forms LM-20 and 21 must be reported regardless of whether that information relates to activities which are protected by section 8(c) of the National Labor Relations Act, as amended. | ||||||
| 29:29:2.1.4.1.7.0.1.7 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.7 Personal responsibility of signatories of reports. | OFCCP | Each individual required to file a report under this part shall be personally responsible for the filing of such report and for any statement contained therein which he knows to be false. | ||||||
| 29:29:2.1.4.1.7.0.1.8 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.8 Maintenance and retention of records. | OFCCP | Every person required to file any report under this part shall maintain records on the matters required to be reported which will provide in sufficient detail the necessary basic information and data from which the documents filed with the Office of Labor-Management Standards may be verified, explained or clarified, and checked for accuracy and completeness, and shall include vouchers, worksheets, receipts and applicable resolutions, and shall keep such records available for examination for a period of not less than five years after the filing of the documents based on the information which they contain. | ||||||
| 29:29:2.1.4.1.7.0.1.9 | 29 | Labor | IV | A | 406 | PART 406—REPORTING BY LABOR RELATIONS CONSULTANTS AND OTHER PERSONS, CERTAIN AGREEMENTS WITH EMPLOYERS | § 406.9 Publication of reports required by this part. | OFCCP | [35 FR 2990, Feb. 13, 1970] | Inspection and examination of any report or other document filed as required by this part, and the furnishing by the Office of Labor-Management Standards of copies thereof to any person requesting them, shall be governed by part 70 of this title. | |||||
| 40:40:31.0.1.1.6.1.1.1 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | A | Subpart A—Corn Wet Milling Subcategory | § 406.10 Applicability; description of the corn wet milling subcategory. | EPA | The provisions of this subpart are applicable to discharges resulting from the process in which shelled corn is steeped in a dilute solution of sulfurous acid and then processed by wet means into such products as animal feed, regular and modified starches, corn oil, corn syrup, and dextrose. | ||||
| 40:40:31.0.1.1.6.1.1.2 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | A | Subpart A—Corn Wet Milling Subcategory | § 406.11 Specialized definitions. | EPA | For the purpose of this subpart: (a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart. (b) The term corn shall mean the shelled corn delivered to a plant before processing. (c) The term standard bushel shall mean a bushel of shelled corn weighing 56 pounds. (d) The abbreviation MSBu shall mean 1000 standard bushels. | ||||
| 40:40:31.0.1.1.6.1.1.3 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | A | Subpart A—Corn Wet Milling Subcategory | § 406.12 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [39 FR 10513, Mar. 20, 1974, as amended at 42 FR 62371, Dec. 12, 1977; 60 FR 33936, June 29, 1995] | (a) Except as provided in §§ 125.30 through 125.32, and subject to the provisions in paragraph (b) of this section, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): 1 Within the range 6.0 to 9.0. (b) The limitations given in paragraph (a) of this section for BOD 5 and TSS are derived for a point source producing products standards to the corn wet milling industry. For those plants producing modified starches at a rate of at least 15 percent by dry-basis weight of total sweetener and starch products per month for 12 consecutive months, the following limitations should be used to derive an additive adjustment to the discharge allowed by paragraph (a) of this section: | |||
| 40:40:31.0.1.1.6.1.1.4 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | A | Subpart A—Corn Wet Milling Subcategory | § 406.13 [Reserved] | EPA | |||||
| 40:40:31.0.1.1.6.1.1.5 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | A | Subpart A—Corn Wet Milling Subcategory | § 406.14 Pretreatment standards for existing sources. | EPA | [40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33036, June 29, 1995] | Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart. | |||
| 40:40:31.0.1.1.6.1.1.6 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | A | Subpart A—Corn Wet Milling Subcategory | § 406.15 Standards of performance for new sources. | EPA | [41 FR 50823, Nov. 18, 1976] | The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart: 1 Within the range 6.0 to 9.0. | |||
| 40:40:31.0.1.1.6.1.1.7 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | A | Subpart A—Corn Wet Milling Subcategory | § 406.16 Pretreatment standards for new sources. | EPA | [40 FR 52016, Nov. 7, 1975, as amended at 60 FR 33936, June 29, 1995] | Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the provisions set forth in paragraph (a) of this section apply, as well as the following pretreatment standard which establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to publicly owned treatment works by a new source subject to the provisions of this subpart. (a) Process waste water shall not be discharged to a POTW at a flow rate or pollutant mass loading rate which is excessive over any time period during the peak load at a POTW. Excessive discharges are defined as those in which the flow of BOD 5 or total suspended solids (TSS) exceed the respective values of P from the following formula: P = K(Q + R)−S where: P = maximum allowable peak waste load for the new corn wet milling source to be discharged to the POTW (gallons per one hour for flow and pounds per day for BOD 5 and TSS). Q = average existing waste load to POTW. R = average waste load for the new corn wet milling source to be discharged to POTW. S = existing peak load of POTW. K = 2. When the ratio of (S/Q) is greater than 1.5, K = 3. where: P = maximum allowable peak waste load for the new corn wet milling source to be discharged to the POTW (gallons per one hour for flow and pounds per day for BOD 5 and TSS). Q = average existing waste load to POTW. R = average waste load for the new corn wet milling source to be discharged to POTW. S = existing peak load of POTW. K = 2. When the ratio of (S/Q) is greater than 1.5, K = 3. Calculations are to be based on dry weather conditions. | |||
| 40:40:31.0.1.1.6.1.1.8 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | A | Subpart A—Corn Wet Milling Subcategory | § 406.17 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology. | EPA | [42 FR 62372, Dec. 12, 1977. Redesignated and amended at 44 FR 50739, Aug. 29, 1979] | The following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best conventional pollutant control technology. (a) Subject to the provisions in paragraph (b) of this section, the following limitations establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: 1 Within the range 6.0 to 9.0. (b) The limitations given in paragraph (a) of this section for BOD 5 and TSS are derived for a point source producing products standard to the corn wet milling industry. For those plants producing modified starches at a rate of at least 15 percent by dry-basis weight of total sweetener and starch products per month for 12 consecutive months, the following limitations should be used to derive an additive adjustment to the discharge allowed by paragraph (a) of this section: | |||
| 40:40:31.0.1.1.6.10.1.1 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | J | Subpart J—Wheat Starch and Gluten Subcategory | § 406.100 Applicability; description of the wheat starch and gluten subcategory. | EPA | The provisions of this subpart are applicable to discharges resulting from those industrial operations utilizing wheat flour as a raw material for production of wheat starch and gluten (protein) components through conventional processes of physical separation and subsequent refinement. | ||||
| 40:40:31.0.1.1.6.10.1.2 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | J | Subpart J—Wheat Starch and Gluten Subcategory | § 406.101 Specialized definitions. | EPA | For the purpose of this subpart: The general definitions, abbreviations and methods of analysis set forth in 40 CFR part 401 shall apply to this subpart. | ||||
| 40:40:31.0.1.1.6.10.1.3 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | J | Subpart J—Wheat Starch and Gluten Subcategory | § 406.102 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [40 FR 920, Jan. 3, 1975, as amended at 60 FR 33937, June 29, 1995] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): 1 Within the range 6.0 to 9.0. | |||
| 40:40:31.0.1.1.6.10.1.4 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | J | Subpart J—Wheat Starch and Gluten Subcategory | §§ 406.103-406.104 [Reserved] | EPA | |||||
| 40:40:31.0.1.1.6.10.1.5 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | J | Subpart J—Wheat Starch and Gluten Subcategory | § 406.105 Standards of performance for new sources. | EPA | The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart: 1 Within the range 6.0 to 9.0. | ||||
| 40:40:31.0.1.1.6.10.1.6 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | J | Subpart J—Wheat Starch and Gluten Subcategory | § 406.106 Pretreatment standards for new sources. | EPA | [40 FR 920, Jan. 3, 1975, as amended at 60 FR 33937, June 29, 1995] | Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged to a publicly owned treatment works by a new point source subject to the provisions of this subpart. | |||
| 40:40:31.0.1.1.6.10.1.7 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | J | Subpart J—Wheat Starch and Gluten Subcategory | § 406.107 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). | EPA | [51 FR 24997, July 9, 1986] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 406.102 of this subpart for the best practicable control technology currently available (BPT). | |||
| 40:40:31.0.1.1.6.2.1.1 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | B | Subpart B—Corn Dry Milling Subcategory | § 406.20 Applicability; description of the corn dry milling subcategory. | EPA | (a) The provisions of this subpart are applicable to discharges resulting from the process in which shelled corn is washed and subsequently milled by dry processes into such products as corn meal, grits, flour, oil, and animal feed. (b) The provisions of this subpart do not apply to discharges from subsequent manufacturing operations to produce expanded or extruded feed or feed products. | ||||
| 40:40:31.0.1.1.6.2.1.2 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | B | Subpart B—Corn Dry Milling Subcategory | § 406.21 Specialized definitions. | EPA | For the purpose of this subpart: (a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart. (b) The term corn shall mean the shelled corn delivered to a plant before processing. (c) The term standard bushel shall mean a bushel of shelled corn weighing 56 pounds. (d) The abbreviation MSBu shall mean 1000 standard bushels. | ||||
| 40:40:31.0.1.1.6.2.1.3 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | B | Subpart B—Corn Dry Milling Subcategory | § 406.22 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [39 FR 10513, Mar. 20, 1974, as amended at 60 FR 33936, June 29, 1995] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): 1 Within the range 6.0 to 9.0. | |||
| 40:40:31.0.1.1.6.2.1.4 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | B | Subpart B—Corn Dry Milling Subcategory | § 406.23 [Reserved] | EPA | |||||
| 40:40:31.0.1.1.6.2.1.5 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | B | Subpart B—Corn Dry Milling Subcategory | § 406.24 Pretreatment standards for existing sources. | EPA | [40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33936, June 29, 1995] | Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart. | |||
| 40:40:31.0.1.1.6.2.1.6 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | B | Subpart B—Corn Dry Milling Subcategory | § 406.25 Standards of performance for new sources. | EPA | The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this part: 1 Within the range 6.0 to 9.0. | ||||
| 40:40:31.0.1.1.6.2.1.7 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | B | Subpart B—Corn Dry Milling Subcategory | § 406.26 Pretreatment standards for new sources. | EPA | [60 FR 33936, June 29, 1995] | Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. | |||
| 40:40:31.0.1.1.6.2.1.8 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | B | Subpart B—Corn Dry Milling Subcategory | § 406.27 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). | EPA | [51 FR 24997, July 9, 1986] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 406.22 of this subpart for the best practicable control technology currently available (BPT). | |||
| 40:40:31.0.1.1.6.3.1.1 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | C | Subpart C—Normal Wheat Flour Milling Subcategory | § 406.30 Applicability; description of the normal wheat flour milling subcategory. | EPA | The provisions of this subpart are applicable to discharges resulting from the processes in which wheat and other grains are milled by dry processes into flour and millfeed. | ||||
| 40:40:31.0.1.1.6.3.1.2 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | C | Subpart C—Normal Wheat Flour Milling Subcategory | § 406.31 Specialized definitions. | EPA | For the purpose of this subpart: (a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart. | ||||
| 40:40:31.0.1.1.6.3.1.3 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | C | Subpart C—Normal Wheat Flour Milling Subcategory | § 406.32 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [60 FR 33936, June 29, 1995] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants to navigable waters. | |||
| 40:40:31.0.1.1.6.3.1.4 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | C | Subpart C—Normal Wheat Flour Milling Subcategory | § 406.33 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. | EPA | The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: there shall be no discharge of process waste water pollutants to navigable waters. | ||||
| 40:40:31.0.1.1.6.3.1.5 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | C | Subpart C—Normal Wheat Flour Milling Subcategory | § 406.34 Pretreatment standards for existing sources. | EPA | [40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33936, June 29, 1995] | Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart. | |||
| 40:40:31.0.1.1.6.3.1.6 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | C | Subpart C—Normal Wheat Flour Milling Subcategory | § 406.35 Standards of performance for new sources. | EPA | The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters. | ||||
| 40:40:31.0.1.1.6.3.1.7 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | C | Subpart C—Normal Wheat Flour Milling Subcategory | § 406.36 Pretreatment standards for new sources. | EPA | [60 FR 33936, June 29, 1995] | Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. | |||
| 40:40:31.0.1.1.6.3.1.8 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | C | Subpart C—Normal Wheat Flour Milling Subcategory | § 406.37 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). | EPA | [51 FR 24997, July 9, 1986] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 406.32 of this subpart for the best practicable control technology currently available (BPT). | |||
| 40:40:31.0.1.1.6.4.1.1 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | D | Subpart D—Bulgur Wheat Flour Milling Subcategory | § 406.40 Applicability; description of the bulgur wheat flour milling subcategory. | EPA | The provisions of this subpart are applicable to discharges resulting from the process in which wheat is parboiled, dried, and partially debranned in the production of bulgur. | ||||
| 40:40:31.0.1.1.6.4.1.2 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | D | Subpart D—Bulgur Wheat Flour Milling Subcategory | § 406.41 Specialized definitions. | EPA | For the purpose of the subpart: (a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart. (b) The term wheat shall mean wheat delivered to a plant before processing. (c) The term standard bushel shall mean a bushel of wheat weighing 60 pounds. (d) The abbreviation MSBu shall mean 1,000 standard bushels. | ||||
| 40:40:31.0.1.1.6.4.1.3 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | D | Subpart D—Bulgur Wheat Flour Milling Subcategory | § 406.42 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [39 FR 10513, Mar. 20, 1974, as amended at 60 FR 33936, June 29, 1995] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): 1 Within the range 6.0 to 9.0. | |||
| 40:40:31.0.1.1.6.4.1.4 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | D | Subpart D—Bulgur Wheat Flour Milling Subcategory | § 406.43 [Reserved] | EPA | |||||
| 40:40:31.0.1.1.6.4.1.5 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | D | Subpart D—Bulgur Wheat Flour Milling Subcategory | § 406.44 Pretreatment standards for existing sources. | EPA | [40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33936, June 29, 1995] | Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart. | |||
| 40:40:31.0.1.1.6.4.1.6 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | D | Subpart D—Bulgur Wheat Flour Milling Subcategory | § 406.45 Standards of performance for new sources. | EPA | The following standards of performance establish the quantity or quality of pollutants or pollutant properties, controlled by this section, which may be discharged by a new source subject to the provisions of this subpart: 1 Within the range 6.0 to 9.0. | ||||
| 40:40:31.0.1.1.6.4.1.7 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | D | Subpart D—Bulgur Wheat Flour Milling Subcategory | § 406.46 Pretreatment standards for new sources. | EPA | [60 FR 33937, June 29, 1995] | Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. | |||
| 40:40:31.0.1.1.6.4.1.8 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | D | Subpart D—Bulgur Wheat Flour Milling Subcategory | § 406.47 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). | EPA | [51 FR 24997, July 9, 1986] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 406.42 of this subpart for the best practicable control technology currently available (BPT). | |||
| 40:40:31.0.1.1.6.5.1.1 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | E | Subpart E—Normal Rice Milling Subcategory | § 406.50 Applicability; description of the normal rice milling subcategory. | EPA | The provisions of this subpart are applicable to discharges resulting from the process in which rice is cleaned and milled by dry processes. | ||||
| 40:40:31.0.1.1.6.5.1.2 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | E | Subpart E—Normal Rice Milling Subcategory | § 406.51 Specialized definitions. | EPA | For the purpose of this subpart: (a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart. | ||||
| 40:40:31.0.1.1.6.5.1.3 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | E | Subpart E—Normal Rice Milling Subcategory | § 406.52 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [60 FR 33937, June 29, 1995] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): There shall be no discharge of process waste water pollutants to navigable waters. | |||
| 40:40:31.0.1.1.6.5.1.4 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | E | Subpart E—Normal Rice Milling Subcategory | § 406.53 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable. | EPA | The following limitations establish the quantity or quality of pollutants or pollutant properties which may be discharged by a point source subject to the provisions of this subpart after application of the best available technology economically achievable: there shall be no discharge of process waste water pollutants to navigable waters. | ||||
| 40:40:31.0.1.1.6.5.1.5 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | E | Subpart E—Normal Rice Milling Subcategory | § 406.54 Pretreatment standards for existing sources. | EPA | [40 FR 6436, Feb. 11, 1975, as amended at 60 FR 33937, June 29, 1995] | Any existing source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. In addition, the following pretreatment standard establishes the quantity or quality of pollutants or pollutant properties controlled by this section which may be discharged to a publicly owned treatment works by a point source subject to the provisions of this subpart. | |||
| 40:40:31.0.1.1.6.5.1.6 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | E | Subpart E—Normal Rice Milling Subcategory | § 406.55 Standards of performance for new sources. | EPA | The following standards of performance establish the quantity or quality of pollutants or pollutant properties which may be discharged by a new source subject to the provisions of this subpart: There shall be no discharge of process waste water pollutants to navigable waters. | ||||
| 40:40:31.0.1.1.6.5.1.7 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | E | Subpart E—Normal Rice Milling Subcategory | § 406.56 Pretreatment standards for new sources. | EPA | [60 FR 33937, June 29, 1995] | Any new source subject to this subpart that introduces process wastewater pollutants into a publicly owned treatment works must comply with 40 CFR part 403. | |||
| 40:40:31.0.1.1.6.5.1.8 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | E | Subpart E—Normal Rice Milling Subcategory | § 406.57 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT). | EPA | [51 FR 24997, July 9, 1986] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best conventional pollutant control technology (BCT): The limitations shall be the same as those specified for conventional pollutants (which are defined in § 401.16) in § 406.52 of this subpart for the best practicable control technology currently available (BPT). | |||
| 40:40:31.0.1.1.6.6.1.1 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | F | Subpart F—Parboiled Rice Processing Subcategory | § 406.60 Applicability; description of the parboiled rice processing subcategory. | EPA | The provisions of this subpart are applicable to discharges resulting from the process in which rice is cleaned, cooked and dried before being milled. | ||||
| 40:40:31.0.1.1.6.6.1.2 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | F | Subpart F—Parboiled Rice Processing Subcategory | § 406.61 Specialized definitions. | EPA | For the purpose of this subpart: (a) Except as provided below, the general definitions, abbreviations and methods of analysis set forth in part 401 of this chapter shall apply to this subpart. (b) The term “rice” shall mean rice delivered to a plant before processing. (c) The abbreviation “cwt” shall mean hundred weight. | ||||
| 40:40:31.0.1.1.6.6.1.3 | 40 | Protection of Environment | I | N | 406 | PART 406—GRAIN MILLS POINT SOURCE CATEGORY | F | Subpart F—Parboiled Rice Processing Subcategory | § 406.62 Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available. | EPA | [39 FR 10513, Mar. 20, 1974, as amended at 60 FR 33937, June 29, 1995] | Except as provided in §§ 125.30 through 125.32, any existing point source subject to this subpart shall achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best practicable control technology currently available (BPT): 1 Within the range 6.0 to 9.0. |
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