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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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| 38:38:2.0.1.1.35.0.364.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.0 Purpose and scope. | VA | (a) Purpose. This part implements the Staff Sergeant Parker Gordon Fox Suicide Prevention Grant Program (SSG Fox SPGP) with the purpose of reducing veteran suicide by expanding suicide prevention programs for veterans through the award of suicide prevention services grants to eligible entities to provide or coordinate the provision of suicide prevention services to eligible individuals and their families. (b) Scope. Suicide prevention services covered by this part are those services that address the needs of eligible individuals and their families and are necessary for improving the mental health status and wellbeing and reducing the suicide risk of eligible individuals and their families. | |||||||
| 38:38:2.0.1.1.35.0.364.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.45 Suicide prevention services: Outreach. | VA | (a) Grantees providing or coordinating the provision of outreach must use their best efforts to ensure that eligible individuals, including those who are at highest risk of suicide or who are not receiving health care or other services furnished by VA, and their families are identified, engaged, and provided suicide prevention services. (b) Outreach must include active liaison with local VA facilities; State, local, or tribal government (if any); and private agencies and organizations providing suicide prevention services to eligible individuals and their families in the area to be served by the grantee. | |||||||
| 38:38:2.0.1.1.35.0.364.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.50 Suicide prevention services: Baseline mental health screening. | VA | [87 FR 13835, Mar. 10, 2022; 87 FR 16101, Mar. 22, 2022, as amended at 89 FR 62663, Aug. 1, 2024] | (a) Grantees must provide or coordinate the provision of a baseline mental health screening to all eligible individuals they serve at the time those services begin. This mental health screening must be provided using a validated screening tool that assesses suicide risk and mental and behavioral health conditions. Information on the specific tool or tools to be used will be included in the NOFO. (b) If an eligible individual is at risk of suicide or other mental or behavioral health condition pursuant to the baseline mental health screening conducted under paragraph (a) of this section, the grantee must refer such individual to VA for care. If the eligible individual refuses the grantee's referral to VA, any ongoing clinical services provided to the eligible individual by the grantee are at the expense of the grantee. (c) Except as provided for under § 78.60(a), funds provided under this grant program may not be used to provide clinical services to eligible individuals, and any ongoing clinical services provided to such individuals by the grantee are at the expense of the grantee. The grantee may not charge, bill, or otherwise hold liable eligible individuals for the receipt of such care or services. | ||||||
| 38:38:2.0.1.1.35.0.364.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.55 Suicide prevention services: Education. | VA | Grantees providing or coordinating the provision of education must provide or coordinate the provision of suicide prevention education programs to educate communities, veterans, and families on how to identify those at risk of suicide, how and when to make referrals for care, and the types of suicide prevention resources available within the area. Education can include gatekeeper training, lethal means safety training, or specific educations programs that assist with identification, assessment, or prevention of suicide. | |||||||
| 38:38:2.0.1.1.35.0.364.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.60 Suicide prevention services: Clinical services for emergency treatment. | VA | [87 FR 13835, Mar. 10, 2022; 87 FR 16101, Mar. 22, 2022] | (a) Grantees providing or coordinating the provision of clinical services for emergency treatment must provide or coordinate the provision of clinical services for emergency treatment of a participant. (b) If an eligible individual is furnished clinical services for emergency treatment under paragraph (a) of this section and the grantee determines that the eligible individual requires ongoing services, the grantee must refer the eligible individual to VA for additional care. If the eligible individual refuses the grantee's referral to VA, any ongoing clinical services provided to the eligible individual by the grantee are at the expense of the grantee. The grantee may not charge, bill, or otherwise hold liable eligible individuals for the receipt of such care or services. (c) If a participant other than an eligible individual is furnished clinical services for emergency treatment under paragraph (a) of this section and the grantee determines that the participant requires ongoing services, the grantee must refer the participant to appropriate health care services in the area for additional care. Except as provided for under paragraph (a) of this section, funds provided under this grant program may not be used to provide ongoing clinical services to such participants, and any ongoing clinical services provided to the participant by the grantee are at the expense of the grantee. The grantee may not charge, bill, or otherwise hold liable such participants for the receipt of such care or services. (d) For purposes of this section, emergency treatment means medical services, professional services, ambulance services, ancillary care and medication (including a short course of medication related to and necessary for the treatment of the emergency condition that is provided directly to or prescribed for the patient for use after the emergency condition is stabilized and the patient is discharged) was rendered in a medical emergency of such nature that a prudent layperson would have reasonably expected that delay in see… | ||||||
| 38:38:2.0.1.1.35.0.364.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.65 Suicide prevention services: Case management services. | VA | Grantees providing or coordinating the provision of case management services must provide or coordinate the provision of case management services that include, at a minimum: (a) Performing a careful assessment of participants, and developing and monitoring case plans in coordination with a formal assessment of suicide prevention services needed, including necessary follow-up activities, to ensure that the participant's needs are adequately addressed; (b) Establishing linkages with appropriate agencies and service providers in the area to help participants obtain needed suicide prevention services; (c) Providing referrals to participants and related activities (such as scheduling appointments for participants) to help participants obtain needed suicide prevention services, such as medical, social, and educational assistance or other suicide prevention services to address participants' identified needs and goals; (d) Deciding how resources and services are allocated to participants on the basis of need; (e) Educating participants on issues, including, but not limited to, suicide prevention services availability and participant rights; and (f) Other activities, as approved by VA, to serve the comprehensive needs of participants for the purpose of reducing suicide risk. | |||||||
| 38:38:2.0.1.1.35.0.364.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.70 Suicide prevention services: Peer support services. | VA | (a) Grantees providing or coordinating the provision of peer support services must provide or coordinate the provision of peer support services to help participants understand what resources and supports are available in their area for suicide prevention. Peer support services must be provided by veterans trained in peer support with similar lived experiences related to suicide or mental health. Peer support specialists serve as role models and a resource to assist participants with their mental health recovery. (b) Each grantee providing or coordinating the provision of peer support services must ensure that veterans providing such services to participants meet the requirements of 38 U.S.C. 7402(b)(13) and meet qualification standards for appointment; or have completed peer support training, are pursuing credentials to meet the minimum qualification standards for appointment, and are under the supervision of an individual who meets the requirements of 38 U.S.C. 7402(b)(13). Grant funds may be used to provide education and training for employees of the grantee or the community partner who provide peer support services consistent with the terms set forth in the grant agreement. | |||||||
| 38:38:2.0.1.1.35.0.364.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.75 Suicide prevention services: Assistance in obtaining VA benefits. | VA | (a) Grantees assisting participants in obtaining VA benefits must assist participants in obtaining any benefits from VA for which the participants are eligible. Such benefits include but are not limited to: (1) Vocational and rehabilitation counseling; (2) Supportive services for homeless veterans; (3) Employment and training services; (4) Educational assistance; and (5) Health care services. (b) Grantees are not permitted to represent participants before VA with respect to a claim for VA benefits unless they are recognized for that purpose pursuant to 38 U.S.C. 5902. Employees and members of grantees are not permitted to provide such representation unless the individual providing representation is accredited pursuant to 38 U.S.C. chapter 59. | |||||||
| 38:38:2.0.1.1.35.0.364.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.80 Suicide prevention services: Assistance in obtaining and coordinating other public benefits and assistance with emergent needs. | VA | Grantees assisting in obtaining and coordinating other public benefits or assisting with emergent needs must assist participants with obtaining and coordinating the provision of other public benefits, including at a minimum those listed in paragraphs (a) through (h) of this section, that are being provided by Federal, State, local, or tribal agencies, or any other grantee in the area served by the grantee by referring the participant to and coordinating with such entity. If a public benefit is not being provided by Federal, State, local, or tribal agencies, or any other grantee in the area, the grantee is not required to obtain, coordinate, or provide such public benefit. Grantees may elect to provide directly to participants the public benefits identified in paragraphs (c) through (h) of this section. (a) Health care services, which include: (1) Health insurance; and (2) Referral to a governmental entity or grantee that provides any of the following services: (i) Hospital care, nursing home care, outpatient care, mental health care, preventive care, habilitative and rehabilitative care, case management, respite care, and home care; (ii) The training of any eligible individual's family in the care of any eligible individual; and (iii) The provision of pharmaceuticals, supplies, equipment, devices, appliances, and assistive technology. (b) Referral of a participant, as appropriate, to an entity that provides daily living services relating to the functions or tasks for self-care usually performed in the normal course of a day, including, but not limited to, eating, bathing, grooming, dressing, and home management activities. (c) Personal financial planning services, which include, at a minimum, providing recommendations regarding day-to-day finances and achieving long-term budgeting and financial goals. Grant funds may pay for credit counseling and other services necessary to assist participants with critical skills related to household budgeting, managing money, accessing a free personal credit report, and… | |||||||
| 38:38:2.0.1.1.35.0.364.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.85 Suicide prevention services: Nontraditional and innovative approaches and treatment practices. | VA | Grantees providing or coordinating the provision of nontraditional and innovative approaches and treatment practices may provide or coordinate the provision of nontraditional and innovative approaches and treatment, including but not limited to complementary or alternative interventions with some evidence for effectiveness of improving mental health or mitigating a risk factor for suicidal thoughts and behaviors, as set forth in the NOFO or as approved by VA that are consistent with SSG Fox SPGP. Applicants may propose nontraditional and innovative approaches and treatment practices in their suicide prevention services grant application, and grantees may propose these additional approaches and treatment practices by submitting a written request to modify the suicide prevention services grant in accordance with § 78.125. VA reserves the right to approve or disapprove nontraditional and innovative approaches and treatment practices to be provided or coordinate to be provided using funds authorized under SSG Fox SPGP. VA will only approve approaches and treatment practices consistent with applicable Federal law. | |||||||
| 38:38:2.0.1.1.35.0.364.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.90 Suicide prevention services: Other services. | VA | (a) General suicide prevention assistance. A grantee may pay directly to a third party (and not to a participant), in an amount not to exceed $750 per participant during any 1-year period, beginning on the date that the grantee first submits a payment to a third party, the following types of expenses: (i) Expenses associated with gaining or keeping employment, such as uniforms, tools, certificates, and licenses. (ii) Expenses associated with lethal means safety and secure storage, such as gun locks and locked medication storage. (b) Other. Grantees providing or coordinating the provision of other suicide prevention services may provide or coordinate the provision of the other services as set forth in the NOFO or as approved by VA that are consistent with SSG Fox SPGP. Applicants may propose additional services in their suicide prevention services grant application, and grantees may propose additional services by submitting a written request to modify the suicide prevention services grant program in accordance with § 78.125. VA reserves the right to approve or disapprove other suicide prevention services to be provided or coordinate to be provided using funds authorized under SSG Fox SPGP. | |||||||
| 38:38:2.0.1.1.35.0.364.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.5 Definitions. | VA | [87 FR 13835, Mar. 10, 2022; 87 FR 16101, Mar. 22, 2022] | For purposes of this part and any Notice of Funding Opportunity (NOFO) issued under this part: Applicant means an eligible entity that submits an application for a suicide prevention services grant announced in a NOFO. Direct Federal financial assistance means Federal financial assistance received by an entity selected by the Government or a pass-through entity as defined in 38 CFR 50.1(d) to provide or carry out a service (e.g., by contract, grant, or cooperative agreement). Eligible child care provider means a provider of child care services for compensation, including a provider of care for a school-age child during non-school hours, that— (1) Is licensed, regulated, registered, or otherwise legally operating, under State and local law; and (2) Satisfies the State and local requirements, applicable to the child care services the provider providers. Eligible entity means an entity that meets the definition of an eligible entity in section 201(q) of Public Law 116-171. Eligible individual means an individual that meets the requirements of § 78.10(a). Family means any of the following: A parent, spouse, child, sibling, step-family member, extended family member, and any other individual who lives with the eligible individual. Grantee means an eligible entity that is awarded a suicide prevention services grant under this part. Indian tribe means an Indian tribe as defined in 25 U.S.C. 4103. Indirect Federal financial assistance means Federal financial assistance in which a service provider receives program funds through a voucher, certificate, agreement or other form of disbursement, as a result of the genuine, independent choice of a participant. Medically underserved area means an area that is designated as a medically underserved population under 42 U.S.C. 254b(b)(3). Notice of Funding Opportunity (NOFO) means a Notice of Funding Opportunity published on grants.gov in accordance with § 78.110. Participant means an eligible individual or their family who is receiving suicide preventio… | ||||||
| 38:38:2.0.1.1.35.0.364.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.95 General operation requirements. | VA | [87 FR 13835, Mar. 10, 2022, as amended at 89 FR 62663, Aug. 1, 2024] | (a) Eligibility documentation. Prior to providing suicide prevention services, grantees must verify, document, and classify each participant's eligibility for suicide prevention services, and determine and document each participant's degree of risk of suicide using tools identified in the suicide prevention services grant agreement. Documentation must be maintained consistent with § 78.150. (b) Required screening prior to services ending. Prior to services ending, grantees must provide or coordinate the provision of a mental health screening using the screening tool described in § 78.50(a) to all eligible individuals they serve, when possible. (c) Suicide prevention services documentation. For each participant who receives suicide prevention services from the grantee, the grantee must document the suicide prevention services provided or coordinated, how such services are provided or coordinated, the duration of the services provided or coordinated, and any goals for the provision or coordination of such services. Such documentation must be maintained consistent with § 78.150. (d) Notifications to participants. (1) Prior to initially providing or coordinating suicide prevention services to an eligible individual and their family, the grantee must notify each eligible individual and their family of the following: (i) The suicide prevention services are being paid for, in whole or in part, by VA; (ii) The suicide prevention services available to the eligible individual and their family through the grantee's program; (iii) Any conditions or restrictions on the receipt of suicide prevention services by the eligible individual and their family; and (iv) In the instance of an eligible individual who receives assistance from the grantee under this program, that the eligible individual is able to apply for enrollment in VA health care pursuant to 38 CFR 17.36. If the eligible individual wishes to enroll in VA health care, the grantee must inform the eligible individual of a VA point of contact for assistanc… | ||||||
| 38:38:2.0.1.1.35.0.364.21 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.100 Fee prohibition. | VA | Grantees must not charge a fee to participants for providing suicide prevention services that are funded with amounts from a suicide prevention services grant. | |||||||
| 38:38:2.0.1.1.35.0.364.22 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.105 Ineligible activities. | VA | Notwithstanding any other section in this part, grantees are not authorized to use suicide prevention services grant funds to pay for the following: (a) Direct cash assistance to participants. (b) Those legal services prohibited pursuant to § 78.80(g). (c) Medical or dental care and medicines except for clinical services authorized pursuant to § 78.60. (d) Any activities considered illegal under Federal law. | |||||||
| 38:38:2.0.1.1.35.0.364.23 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.110 Notice of Funding Opportunity. | VA | When funds are available for suicide prevention services grants, VA will publish a NOFO on grants.gov. The NOFO will identify: (a) The location for obtaining suicide prevention services grant applications; (b) The date, time, and place for submitting completed suicide prevention services grant applications; (c) The estimated amount and type of suicide prevention services grant funding available; (d) Any priorities for or exclusions from funding to meet the statutory mandates of section 201 of Public Law 116-171 and VA's goals for SSG Fox SPGP; (e) The length of term for the suicide prevention services grant award; (f) The minimum number of total points and points per category that an applicant or grantee, as applicable, must receive for a suicide prevention services grant to be funded; (g) Any maximum uses of suicide prevention services grant funds for specific suicide prevention services; (h) The timeframes and manner for payments under the suicide prevention services grant; and (i) Other information necessary for the suicide prevention services grant application process as determined by VA. | |||||||
| 38:38:2.0.1.1.35.0.364.24 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.115 Suicide prevention services grant agreements. | VA | (a) After an applicant is selected for a suicide prevention services grant in accordance with § 78.30, VA will draft a suicide prevention services grant agreement to be executed by VA and the applicant. Upon execution of the suicide prevention services grant agreement, VA will obligate suicide prevention services grant funds to cover the amount of the approved suicide prevention services grant, subject to the availability of funding. The suicide prevention services grant agreement will provide that the grantee agrees, and will ensure that each community partner agrees, to: (1) Operate the program in accordance with the provisions of this part and the applicant's suicide prevention services grant application; (2) Comply with such other terms and conditions, including recordkeeping and reports for program monitoring and evaluation purposes, as VA may establish for purposes of carrying out SSG Fox SPGP, in an effective and efficient manner; and (3) Provide such additional information as deemed appropriate by VA. (b) After a grantee is selected for renewal of a suicide prevention services grant in accordance with § 78.40, VA will draft a suicide prevention services grant agreement to be executed by VA and the grantee. Upon execution of the suicide prevention services grant agreement, VA will obligate suicide prevention services grant funds to cover the amount of the approved suicide prevention services grant, subject to the availability of funding. The suicide prevention services grant agreement will contain the same provisions described in paragraph (a) of this section. (c) No funds provided under this part may be used to replace Federal, State, tribal, or local funds previously used, or designated for use, to assist eligible individuals and their families. | |||||||
| 38:38:2.0.1.1.35.0.364.25 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.120 Amount and payment of grants. | VA | (a) Amount of grants. The maximum funding that a grantee may be awarded under this part is $750,000 per fiscal year. (b) Payment of grants. Grantees are to be paid in accordance with the timeframes and manner set forth in the NOFO. | |||||||
| 38:38:2.0.1.1.35.0.364.26 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.125 Program or budget changes and corrective action plans. | VA | [87 FR 13835, Mar. 10, 2022, as amended at 89 FR 62663, Aug. 1, 2024] | (a) A grantee must submit to VA a written request to modify a suicide prevention services grant for any proposed significant change that will alter the suicide prevention services grant program. If VA approves such change, VA will issue a written amendment to the suicide prevention services grant agreement. A grantee must receive VA's approval prior to implementing a significant change. Significant changes include, but are not limited to, a change in the grantee or any community partners identified in the suicide prevention services grant agreement; a change in the area served by the grantee; additions or deletions of suicide prevention services provided by the grantee; a change in category of participants to be served; and a change in budget line items that are more than 10 percent of the total suicide prevention services grant award. (1) VA's approval of changes is contingent upon the grantee's amended application retaining a sufficient rank to have been competitively selected for funding in the year that the application was granted. (2) Each suicide prevention services grant modification request must contain a description of, and justification for, the revised proposed use of suicide prevention services grant funds. (b) VA may require that the grantee initiate, develop, and submit to VA for approval a Corrective Action Plan (CAP) if, on a quarterly basis, actual suicide prevention services grant expenditures vary from the amount disbursed to a grantee for that same quarter or actual suicide prevention services grant activities vary from the grantee's program description provided in the suicide prevention services grant agreement. (1) The CAP must identify the expenditure or activity source that has caused the deviation, describe the reason(s) for the variance, provide specific proposed corrective action(s), and provide a timetable for accomplishment of the corrective action. (2) After receipt of the CAP, VA will send a letter to the grantee indicating that the CAP is approved or disapproved. If disapprove… | ||||||
| 38:38:2.0.1.1.35.0.364.27 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.130 Faith-based organizations. | VA | [89 FR 62663, Aug. 1, 2024] | Organizations that are faith-based are eligible, on the same basis as any other organization, to participate in SSG Fox SPGP under this part in accordance with 38 CFR part 50. | ||||||
| 38:38:2.0.1.1.35.0.364.28 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.135 Visits to monitor operation and compliance. | VA | (a) VA has the right, at all reasonable times, to make visits to all grantee locations where a grantee is using suicide prevention services grant funds to review grantee accomplishments and management control systems and to provide such technical assistance as may be required. VA may conduct inspections of all program locations and records of a grantee at such times as are deemed necessary to determine compliance with the provisions of this part. In the event that a grantee delivers services in a participant's home, or at a location away from the grantee's place of business, VA may accompany the grantee. If the grantee's visit is to the participant's home, VA will only accompany the grantee with the consent of the participant. If any visit is made by VA on the premises of the grantee or a community partner under the suicide prevention services grant, the grantee must provide, and must require its community partners to provide, all reasonable facilities and assistance for the safety and convenience of the VA representatives in the performance of their duties. All visits and evaluations will be performed in such a manner as will not unduly delay services. (b) The authority to inspect carries with it no authority over the management or control of any applicant or grantee under this part. | |||||||
| 38:38:2.0.1.1.35.0.364.29 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.140 Financial management and administrative costs. | VA | [87 FR 13835, Mar. 10, 2022, as amended at 89 FR 62663, Aug. 1, 2024] | (a) Grantees must comply with applicable requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards under 2 CFR part 200. (b) Grantees must use a financial management system that provides adequate fiscal control and accounting records and meets the requirements set forth in 2 CFR part 200. (c) Payment up to the amount specified in the suicide prevention services grant must be made only for allowable, allocable, and reasonable costs in conducting the work under the suicide prevention services grant. The determination of allowable costs must be made in accordance with the applicable Federal Cost Principles set forth in 2 CFR part 200. (d) Costs for administration by a grantee will be consistent with 2 CFR part 200. Administrative costs will consist of all costs associated with the management of the program. These costs will include the administrative costs of community partners. | ||||||
| 38:38:2.0.1.1.35.0.364.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.10 Eligible individuals. | VA | [87 FR 13835, Mar. 10, 2022, as amended at 89 FR 62663, Aug. 1, 2024] | (a) To be an eligible individual under this part, a person must be at risk of suicide and further meet the definition of eligible individual in section 201(q) of Public Law 116-171. (b) For purposes of paragraph (a) of this section, risk of suicide means exposure to, or the existence of, any of the following factors, to any degree, that increase the risk for suicidal ideation and/or behaviors: (1) Health risk factors, including mental health challenges, substance use disorder, serious or chronic health conditions or pain, and traumatic brain injury. (2) Environmental risk factors, including prolonged stress, stressful life events, unemployment, homelessness, recent loss, and legal or financial challenges. (3) Historical risk factors, including previous suicide attempts, family history of suicide, and history of abuse, neglect, or trauma, including military sexual trauma. Grantees must use these risk factors and the impact thereof to determine the degree of risk of suicide for eligible individuals using a screening tool approved by the Department. The degree of risk depends on the presence of one or more suicide risk factors and the impact of those factors on an individual's mental health and wellbeing. | ||||||
| 38:38:2.0.1.1.35.0.364.30 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.145 Grantee reporting requirements. | VA | [87 FR 13835, Mar. 10, 2022, as amended at 89 FR 62663, Aug. 1, 2024] | (a) VA may require grantees to provide, in any form as may be prescribed, such reports or answers in writing to specific questions, surveys, or questionnaires as VA determines necessary to carry out SSG Fox SPGP. (b) At least once per year, each grantee must submit to VA a report that describes the projects carried out with such grant during the year covered by the report; and information relating to operational effectiveness, fiscal responsibility, suicide prevention services grant agreement compliance, and legal and regulatory compliance, including a description of the use of suicide prevention grant funds, the number of participants assisted, the types of suicide prevention services provided, and any other information that VA may request. (c) VA may request additional reports or information to allow VA to fully assess the provision or coordination of the provision of suicide prevention services under this part. (d) All pages of the reports must cite the assigned suicide prevention services grant number and be submitted in a timely manner as set forth in the grant agreement. (e) Grantees must provide VA with consent to post information from reports on the internet and use such information in other ways deemed appropriate by VA. Grantees shall clearly mark information that is confidential to individual participants. | ||||||
| 38:38:2.0.1.1.35.0.364.31 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.150 Recordkeeping. | VA | Grantees must ensure that records are maintained for at least a 3-year period to document compliance with this part. Grantees must produce such records at VA's request. | |||||||
| 38:38:2.0.1.1.35.0.364.32 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.155 Technical assistance. | VA | VA will provide technical assistance, as necessary, to applicants and grantees to meet the requirements of this part. Such technical assistance will be provided either directly by VA or through contracts with appropriate public or non-profit private entities. | |||||||
| 38:38:2.0.1.1.35.0.364.33 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.160 Withholding, suspension, deobligation, termination, and recovery of funds by VA. | VA | VA will enforce this part through such actions as may be appropriate. Appropriate actions include withholding, suspension, deobligation, termination, recovery of funds by VA, and actions in accordance with 2 CFR part 200. | |||||||
| 38:38:2.0.1.1.35.0.364.34 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.165 Suicide prevention services grant closeout procedures. | VA | Suicide prevention services grants will be closed out in accordance with 2 CFR part 200. | |||||||
| 38:38:2.0.1.1.35.0.364.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.15 Applications for suicide prevention services grants. | VA | [87 FR 13835, Mar. 10, 2022; 87 FR 16101, Mar. 22, 2022, as amended at 89 FR 62663, Aug. 1, 2024] | (a) To apply for a suicide prevention services grant, an applicant must submit to VA a complete suicide prevention services grant application package, as described in the NOFO. A complete suicide prevention services grant application package includes the following: (1) Documentation evidencing the experience of the applicant and any identified community partners in providing or coordinating the provision of suicide prevention services to eligible individuals and their families. (2) A description of the suicide prevention services proposed to be provided or coordinated by the applicant and the identified need for those services. (3) A detailed plan describing how the applicant proposes to coordinate or deliver suicide prevention services to eligible individuals, including: (i) If the applicant is a State or local government or an Indian tribe, an identification of the community partners, if any, with which the applicant proposes to work in delivering such services; (ii) A description of the arrangements currently in place between the applicant and such partners with regard to the provision or coordination of the provision of suicide prevention services; (iii) An identification of how long such arrangements have been in place; (iv) A description of the suicide prevention services provided by such partners that the applicant must coordinate, if any; and (v) An identification of local VA suicide prevention coordinators and a description of how the applicant will communicate with local VA suicide prevention coordinators. (4) A description of the location and population of eligible individuals and their families proposed to be provided suicide prevention services. (5) An estimate of the number of eligible individuals at risk of suicide and their families proposed to be provided suicide prevention services, including the percentage of those eligible individuals who are not currently receiving care furnished by VA. (6) Evidence of measurable outcomes related to reductions in suicide risk and mood-related sympt… | ||||||
| 38:38:2.0.1.1.35.0.364.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.20 Threshold requirements prior to scoring suicide prevention services grant applicants. | VA | VA will only score applicants who meet the following threshold requirements: (a) The application is filed within the time period established in the NOFO, and any additional information or documentation requested by VA under § 78.15(c) is provided within the time frame established by VA; (b) The application is completed in all parts; (c) The activities for which the suicide prevention services grant is requested are eligible for funding under this part; (d) The applicant's proposed participants are eligible to receive suicide prevention services under this part; (e) The applicant agrees to comply with the requirements of this part; (f) The applicant does not have an outstanding obligation to the Federal government that is in arrears and does not have an overdue or unsatisfactory response to an audit; and (g) The applicant is not in default by failing to meet the requirements for any previous Federal assistance. | |||||||
| 38:38:2.0.1.1.35.0.364.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.25 Scoring criteria for awarding grants. | VA | [87 FR 13835, Mar. 10, 2022; 87 FR 16101, Mar. 22, 2022] | VA will score applicants who are applying for a suicide prevention services grant. VA will set forth specific point values to be awarded for each criterion in the NOFO. VA will use the following criteria to score these applicants: (a) VA will award points based on the background, qualifications, experience, and past performance of the applicant, and any community partners identified by the applicant in the suicide prevention services grant application, as demonstrated by the following: (1) Background and organizational history. (i) Applicant's, and any identified community partners', background and organizational history are relevant to the program. (ii) Applicant, and any identified community partners, maintain organizational structures with clear lines of reporting and defined responsibilities. (iii) Applicant, and any identified community partners, have a history of complying with agreements and not defaulting on financial obligations. (2) Staff qualifications. (i) Applicant's staff, and any identified community partners' staff, have experience providing services to, or coordinating services for, eligible individuals and their families. (ii) Applicant's staff, and any identified community partners' staff, have experience administering programs similar to SSG Fox SPGP. (3) Organizational qualifications and past performance, including experience with veterans services. (i) Applicant, and any identified community partners, have organizational experience providing suicide prevention services to, or coordinating suicide prevention services for, eligible individuals and their families. (ii) Applicant, and any identified community partners, have organizational experience coordinating services for eligible individuals and their families among multiple organizations, and Federal, State, local and tribal governmental entities. (iii) Applicant, and any identified community partners, have organizational experience administering a program similar in type and scale to SSG Fox SPGP to eligible individuals and … | ||||||
| 38:38:2.0.1.1.35.0.364.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.30 Selection of grantees. | VA | VA will use the following process to select applicants to receive suicide prevention services grants: (a) VA will score all applicants that meet the threshold requirements set forth in § 78.20 using the scoring criteria set forth in § 78.25. (b) VA will group applicants within the applicable funding priorities if funding priorities are set forth in the NOFO. (c) VA will rank those applicants that receive at least the minimum amount of total points and points per category set forth in the NOFO, within their respective funding priority group, if any. The applicants will be ranked in order from highest to lowest scores, within their respective funding priority group, if any. (d) VA will use the applicant's ranking as the primary basis for selection for funding. However, VA will also use the following considerations to select applicants for funding: (1) VA will give preference to applicants that have demonstrated the ability to provide or coordinate suicide prevention services; (2) VA may prioritize the distribution of suicide prevention services grants to: (i) Rural communities; (ii) Tribal lands; (iii) Territories of the United States; (iv) Medically underserved areas; (v) Areas with a high number or percentage of minority veterans or women veterans; and (vi) Areas with a high number or percentage of calls to the Veterans Crisis Line. (3) To the extent practicable, VA will ensure that suicide prevention services grants are distributed to: (i) Provide services in areas of the United States that have experienced high rates of suicide by eligible individuals, including suicide attempts; and (ii) Applicants that can assist eligible individuals at risk of suicide who are not currently receiving health care furnished by VA. (iii) Ensure services are provided in as many areas as possible. (e) Subject to paragraph (d) of this section, VA will fund the highest-ranked applicants for which funding is available, within the highest funding priority group, if any. If funding priorities have been established, to … | |||||||
| 38:38:2.0.1.1.35.0.364.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.35 Scoring criteria for grantees applying for renewal of suicide prevention service grants. | VA | VA will score grantees who are applying for a renewal of suicide prevention services grant. VA will set forth specific point values to be awarded for each criterion in the NOFO. VA will use the following criteria to score grantees applying for renewal of a suicide prevention services grant: (a) VA will award points based on the success of the grantee's program, as demonstrated by the following: (1) The grantee made progress in reducing veteran suicide deaths and attempts, reducing all-cause mortality, reducing suicidal ideation, increasing financial stability; improving mental health status, well-being, and social supports; and engaging in best practices for suicide prevention services. (2) Participants were satisfied with the suicide prevention services provided or coordinated by the grantee, as reflected by the satisfaction survey conducted under § 78.95(d). (3) The grantee implemented the program by delivering or coordinating suicide prevention services to participants in a timely manner consistent with SSG Fox SPGP policy, the NOFO, and the grant agreement. (4) The grantee was effective in conducting outreach to eligible individuals and their families and increasing engagement of eligible individuals and their families in suicide prevention services, as assessed through SSG Fox SPGP grant evaluation. (b) VA will award points based on the cost-effectiveness of the grantee's program, as demonstrated by the following: (1) The cost per participant was reasonable. (2) The grantee's program was effectively implemented on-budget. (c) VA will award points based on the extent to which the grantee's program complies with SSG Fox SPGP goals and requirements, as demonstrated by the following: (1) The grantee's program was administered in accordance with VA's goals for SSG Fox SPGP as noted in the NOFO. (2) The grantee's program was administered in accordance with all applicable laws, regulations, and guidelines. (3) The grantee's program was administered in accordance with the grantee's suicide prevention ser… | |||||||
| 38:38:2.0.1.1.35.0.364.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 78 | PART 78—STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM | § 78.40 Selection of grantees for renewal of suicide prevention services grants. | VA | VA will use the following process to select grantees applying for renewal of suicide prevention services grants: (a) So long as the grantee continues to meet the threshold requirements set forth in § 78.20, VA will score the grantee using the scoring criteria set forth in § 78.35. (b) VA will rank those grantees who receive at least the minimum amount of total points and points per category set forth in the NOFO. The grantees will be ranked in order from highest to lowest scores. (c) VA will use the grantee's ranking as the basis for selection for funding. VA will fund the highest-ranked grantees for which funding is available. (d) At its discretion, VA may award any non-renewed funds to an applicant or existing grantee. If VA chooses to award non-renewed funds to an applicant or existing grantee, funds will be awarded as follows: (1) VA will first offer to award the non-renewed funds to the applicant or grantee with the highest grant score under the relevant NOFO that applies for, or is awarded a renewal grant in, the same area as, or a proximate area to, the affected area if available. Such applicant or grantee must have the capacity and agree to provide prompt services to the affected area. Under this section, the relevant NOFO is the most recently published NOFO which covers the affected area, or for multi-year grant awards, the NOFO for which the grantee, who is offered the additional funds, received the multi-year award. (2) If the first such applicant or grantee offered the non-renewed funds refuses the funds, VA will offer to award the funds to the next highest-ranked such applicant or grantee, per the criteria in paragraph (d)(1) of this section, and continue on in rank order until the non-renewed funds are awarded. (e) If an applicant would have been selected but for a procedural error committed by VA, VA may select that applicant for funding when sufficient funds become available if there is no material change in the information that would have resulted in the applicant's selection. A new applic… | |||||||
| 40:40:18.0.1.1.7.0.1.1 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.1 Purpose and scope. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 60 FR 17132, Apr. 4, 1995; 62 FR 55488, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001; 69 FR 21644, Apr. 21, 2004; 70 FR 25338, May 12, 2005; 71 FR 25379, Apr. 28, 2006; 72 FR 59205, Oct. 19, 2007; 75 FR 75078, Dec. 1, 2010; 76 FR 48378, Aug. 8, 2011; 81 FR 74602, Oct. 26, 2016; 86 FR 23178, Apr. 30, 2021; 88 FR 36897, June 5, 2023] | (a)(1)(i) This part shall govern appeals of any final decision of the Administrator under: (A) Part 72, 73, 74, 75, 76, or 77 of this chapter; (B) Subparts A through J of part 97 of this chapter; (C) Subparts AA through II, AAA through III, or AAAA through IIII of part 96 of this chapter; subparts AA through II, AAA through III, or AAAA through IIII of part 97 of this chapter; or State regulations approved under § 51.123(o)(1) or (2) or (aa)(1) or (2) or § 51.124(o)(1) or (2) of this chapter; (D) Subpart AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, or GGGGG of part 97 of this chapter or State regulations approved under § 52.38(a)(4) or (5) or (b)(4), (5), (8), (9), (11), or (12) or § 52.39(e), (f), (h), or (i) of this chapter; or (E) Subpart RR of part 98 of this chapter. (ii) Notwithstanding paragraph (a)(1)(i) of this section, matters listed in § 78.3(d) and preliminary, procedural, or intermediate decisions, such as draft Acid Rain permits, may not be appealed. (iii) All references in paragraph (b) of this section and in § 78.3 to subparts AA through II of part 96 of this chapter, subparts AAA through III of part 96 of this chapter, and subparts AAAA through IIII of part 96 of this chapter shall be read to include the comparable provisions in State regulations approved under § 51.123(o)(1) or (2) of this chapter, § 51.124(o)(1) or (2) of this chapter, and § 51.123(aa)(1) or (2) of this chapter, respectively. (iv) All references in paragraph (b) of this section and in § 78.3 to subpart AAAAA of part 97 of this chapter, subpart BBBBB of part 97 of this chapter, subpart CCCCC of part 97 of this chapter, subpart DDDDD of part 97 of this chapter, subpart EEEEE of part 97 of this chapter, and subpart GGGGG of part 97 of this chapter shall be read to include the comparable provisions in State regulations approved under § 52.38(a)(4) or (5) of this chapter, § 52.38(b)(4) or (5) of this chapter, § 52.39(e) or (f) of this chapter, § 52.39(h) or (i) of this chapter, § 52.38(b)(8) or (9) of this chapter, and § 52.38(… | |||||
| 40:40:18.0.1.1.7.0.1.10 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.10 | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 86 FR 23180, Apr. 30, 2021] | (a)(1) No party or interested person outside EPA, representative of a party or interested person, or member of the EPA trial staff shall make, or knowingly cause to be made, to any member of the decisional body an ex parte communication on the merits of a proceeding under this part. (2) No member of the decisional body shall make, or knowingly cause to be made, to any party or interested person outside EPA, representative of a party or interested person, or member of the EPA trial staff, an ex parte communication on the merits of any proceeding under this part. (3) A member of the decisional body who receives, makes, or knowingly causes to be made an ex parte communication prohibited by paragraph (a)(1) or (2) of this section shall file with the Environmental Appeals Board (or, if the proceeding is pending before an Administrative Law Judge, with the Hearing Clerk) for inclusion in the record of the proceeding under this part any such written ex parte communications and memoranda stating the substance of any such oral ex parte communication. (b) Whenever any member of the decisional body receives an ex parte communication made, or knowingly caused to be made, by a party or representative of a party to a proceeding under this part, the person presiding over the proceedings then in progress may, to the extent consistent with justice, require the party to show good cause why its claim or interest in the proceedings should not be dismissed, denied, disregarded, or otherwise adversely affected on account of these ex parte communications. (c) The prohibitions of paragraph (a) of this section shall begin to apply upon publication by the Administrator of the notice of the filing of a petition under § 78.9. These prohibitions terminate on the date of final agency action. | |||||
| 40:40:18.0.1.1.7.0.1.11 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.11 Intervenors. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | (a) Within 30 days (or other shorter, reasonable period established by the Administrator when giving notice) after notice is given under § 78.9 that the petition for administrative review has been filed, any person listed in § 78.3(a) may file a motion for leave to intervene in the proceeding. A motion for leave to intervene under this section shall set forth the grounds for the proposed intervention and may respond to the petition for administrative review. Late motions to intervene may be granted only for good cause shown. (b) The Environmental Appeals Board or Presiding Officer will grant a motion to intervene only upon an express finding that: (1) The motion to intervene raises matters relevant to the factual or legal issues to be reviewed; (2) The intervenor consented to be bound by all stipulations previously entered into by the existing parties, and all orders previously issued, in the proceeding; and (3) The intervention will promote the interests of justice and will not cause undue delay or prejudice to the rights of the existing parties. | |||||
| 40:40:18.0.1.1.7.0.1.12 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.12 Standard of review. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 66 FR 12978, Mar. 1, 2001; 69 FR 21645, Apr. 21, 2004; 70 FR 25339, May 12, 2005; 76 FR 48379, Aug. 8, 2011; 86 FR 23180, Apr. 30, 2021] | (a) On appeal of a decision of the Administrator prior to which there was an opportunity for submission of public comments or objections: (1) Except as provided under paragraph (a)(2) of this section, the petitioner shall have the burden of going forward and of persuasion to show that a finding of fact or conclusion of law underlying the decision is clearly erroneous or that an exercise of discretion or policy determination underlying the decision is arbitrary and capricious or otherwise warrants review; and (2) The owners and operators of the source or unit involved shall have the burden of persuasion that an Acid Rain permit, NO X Budget permit, CAIR permit, or other federally enforceable permit was properly issued or should be issued. (b) On appeal of a decision of the Administrator not covered by paragraph (a) of this section, the Administrator shall have the burden of going forward to show the rational basis for the decision. The petitioner shall have the burden of persuasion to show that a finding of fact or conclusion of law underlying the decision is clearly erroneous or that an exercise of discretion or policy determination underlying the decision is arbitrary and capricious or otherwise warrants review. | |||||
| 40:40:18.0.1.1.7.0.1.13 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.13 Scheduling orders and pre-hearing conferences. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 70 FR 25339, May 12, 2005; 86 FR 23180, Apr. 30, 2021] | (a) If a request for an evidentiary hearing is granted, the Presiding Officer will issue an order scheduling the following: (1) The filing by each party of a narrative statement of position on each factual issue in controversy. (2) The identification of any witness that a party expects to call and of any written testimony, documents, papers, exhibits, or other materials that a party expects to introduce into evidence. At the request of the Presiding Officer, the party shall include a brief narrative summary of any witness' expected testimony and of any such materials. (3) The filing of written testimony, in accordance with § 78.14(b), and other evidence in support of a narrative statement. (4) The filing of any motions by any party, including motions for the production of documentation, data, or other information material to the disputed facts to be addressed at the hearing. (b) The Presiding Officer may, on motion or sua sponte, schedule one or more pre-hearing conferences on the record to address any of the following: (1) Simplification, clarification, amplification, or limitation of the issues. (2) Admissions and stipulations of facts and determinations of the genuineness of documents. (3) Objections to the introduction into evidence at the hearing of any written testimony or other submissions proposed by a party; provided that at any time before the end of the hearing, any party may make, and the Presiding Officer may consider and rule upon, a motion to strike testimony or other evidence (other than evidence included in the administrative record (if any) under § 72.63 of this chapter) on the grounds of relevance, competency, or materiality. (4) Taking official notice of any matters. (5) Grouping of parties with substantially similar interests to eliminate redundant evidence, motions, objections, and briefs. (6) Such other matters that may expedite the hearing or aid in the disposition of matters in dispute. (c) The Presiding Officer will issue an order (which may be in the form of a transcript… | |||||
| 40:40:18.0.1.1.7.0.1.14 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.14 Evidentiary hearing procedure. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | (a) If a request for an evidentiary hearing is granted, the Presiding Officer will conduct a fair and impartial hearing on the record, take action to avoid unnecessary delay in the disposition of the proceedings, and maintain order. For these purposes, the Presiding Officer may: (1) Administer oaths and affirmations. (2) Regulate the course of the hearings and prehearing conferences and govern the conduct of participants. (3) Examine witnesses. (4) Identify and refer issues for interlocutory decision under § 78.19. (5) Rule on, admit, exclude, or limit evidence. (6) Establish the time for filing motions, testimony and other written evidence, and briefs and making other filings. (7) Rule on motions and other pending procedural matters, including but not limited to motions for summary disposition in accordance with § 78.15. (8) Order that the hearing be conducted in stages whenever the number of parties is large or the issues are numerous and complex. (9) Allow direct and cross-examination of witnesses only to the extent the Presiding Officer determines that such direct and cross-examination may be necessary to resolve disputed issues of material fact; provided that no direct or cross-examination shall be allowed on questions of law or policy or regarding matters that are not subject to challenge in the evidentiary hearing. (10) Limit public access to the hearing where necessary to protect confidential business information. The Presiding Officer will provide written notice of the hearing to the parties, and where the hearing will be open to the public, notice in the Federal Register no later than 15 days (or other shorter, reasonable period established by the Presiding Officer) prior to commencement of the hearings. (11) Take any other action not inconsistent with the provisions of this part for the maintenance of order at the hearing and for the expeditious, fair and impartial conduct of the proceeding. (b) All direct and rebuttal testimony at an evidentiary hearing shall be filed in written form, … | |||||
| 40:40:18.0.1.1.7.0.1.15 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.15 Motions in evidentiary hearings. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | (a) Any party may make a motion to the Presiding Officer on any matter relating to the evidentiary hearing in accordance with the scheduling orders issued under § 78.13. All motions shall be in writing and served as provided in § 78.4, except those made on the record during an oral hearing before the Presiding Officer. (b) Any party may make a motion for a summary disposition in its favor on any factual issue on the basis that there is no genuine issue of material fact. When a motion for summary disposition is made and supported, any party opposing the motion may not rest upon mere allegations or denials, but must show, by affidavit or by other materials subject to consideration by the Presiding Officer, that there is a genuine issue of material fact. (c) Within 10 days (or other shorter, reasonable period established by the Presiding Officer) after a motion made on the record or service of any written motion, any party may file a response to the motion. (d) The Presiding Officer may schedule an oral argument and call for the filing of briefs on any motion. The Presiding Officer will rule on the motion within a reasonable time after the date that responses to the motion may be filed under paragraph (c) of this section and that any oral argument or filing of briefs is completed. (e) If all factual issues are decided by summary disposition prior to the hearing, no hearing will be held and the Presiding Officer will issue a proposed decision under § 78.18. If a summary disposition is denied or if partial summary disposition is granted, the hearing shall proceed on the remaining issues. | |||||
| 40:40:18.0.1.1.7.0.1.16 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.16 Record of appeal proceeding. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | (a) The proposed decision issued by the Presiding Officer, transcripts of oral hearings or oral arguments, written direct and rebuttal testimony, and any other written materials of any kind filed in the proceeding will be part of the record and will be available to the public in the office of the Hearing Clerk, subject to the requirements of part 2 of this chapter. (b) Hearings and oral arguments shall be recorded as specified by the Presiding Officer, and thereupon transcribed. After the hearing or oral argument, the reporter will certify and file with the Hearing Clerk: (1) The original transcript; and (2) Any exhibits received or offered into evidence at the hearing. (c) The Hearing Clerk will promptly give written notice to the parties when any transcript is available. Any party that desires a copy of the transcript may obtain a copy upon payment of costs. (d) The Presiding Officer will allow witnesses, parties, and their counsel or representatives: (1) Up to 7 days (or other shorter, reasonable period established by the Presiding Officer) from issuance of the notice under paragraph (c) of this section in order to file written proposed corrections of the transcript necessary to correct errors made in the transcribing; and (2) Up to 7 days (or other shorter, reasonable period established by the Presiding Officer) from the submission of the corrections in order to file objections to the proposed corrections. (e) The Presiding Officer will determine which, if any, corrections should be made to the transcript and incorporate them into the record. | |||||
| 40:40:18.0.1.1.7.0.1.17 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.17 Proposed findings and conclusions and supporting brief. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23180, Apr. 30, 2021] | Within 45 days (or other shorter, reasonable period established by the Presiding Officer) after issuance of a notice under § 78.16(c) that the complete transcript of the evidentiary hearing is available, any party may file with the Hearing Clerk proposed findings and conclusions on the issues referred to the Presiding Officer and a brief in support thereof. Briefs shall contain appropriate references to the record. The Presiding Officer may allow reply briefs. | |||||
| 40:40:18.0.1.1.7.0.1.18 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.18 Proposed decision. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23181, Apr. 30, 2021] | (a) The Presiding Officer will review and evaluate the record, including the proposed findings and conclusions and any briefs filed by the parties, and issue a proposed decision on the factual, policy, and legal issues referred by the Environmental Appeals Board for decision under § 78.6(b)(2)(ii), accompanied by findings of fact and proposed conclusions of law, as appropriate, within a reasonable time after the evidentiary hearing is completed. The Hearing Clerk will promptly serve copies of the proposed decision on all parties and on the Environmental Appeals Board. (b) The proposed decision of the Presiding Officer shall become the final agency action under section 307 of the Act unless: (1) A party files objections with the Environmental Appeals Board pursuant to § 78.20(a), or (2) The Environmental Appeals Board sua sponte files a notice that it will review the decision under § 78.20(b). | |||||
| 40:40:18.0.1.1.7.0.1.19 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.19 Interlocutory appeal. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 86 FR 23181, Apr. 30, 2021] | (a) Interlocutory appeal from orders or rulings of the Presiding Officer made during the course of a proceeding may be taken if the Presiding Officer certifies those orders or rulings to the Environmental Appeals Board for interlocutory appeal on the record. Any requests to the Presiding Officer to certify an interlocutory appeal shall be filed within 10 days of notice of the order or ruling and shall state briefly the grounds for the request. (b)(1) Within 15 days of the filing of any request for interlocutory appeal, the Presiding Officer may certify an order or ruling for interlocutory appeal to the Environmental Appeals Board if: (i) The order or ruling involves an important question on which there is substantial ground for difference of opinion, and (ii) Either: (A) An immediate appeal of the order or ruling will materially advance the ultimate completion of the proceeding, or (B) A review after the proceeding is completed will be inadequate or ineffective. (2) If the Presiding Officer takes no action within 15 days of the filing of a request for interlocutory appeal, the request shall be automatically dismissed without prejudice. (c) If the Presiding Officer grants certification, the Environmental Appeals Board may accept or decline the interlocutory appeal within 30 days of certification. If the Environmental Appeals Board decides that certification was improperly granted, it will decline to hear the interlocutory appeal. If the Environmental Appeals Board takes no action within 30 days of certification, the interlocutory appeal shall be automatically dismissed without prejudice. (d) If the Presiding Officer declines to certify an order or ruling for an interlocutory appeal, the order or ruling may be reviewed by the Environmental Appeals Board only upon an appeal of the proposed decision following completion of the proceedings before the Presiding Officer, except when the Environmental Appeals Board determines, upon motion of a party and in exceptional circumstances, that to delay review would not… | |||||
| 40:40:18.0.1.1.7.0.1.2 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.2 General. | EPA | [76 FR 48379, Aug. 8, 2011, as amended at 86 FR 23179, Apr. 30, 2021] | (a) Definitions. (1) The terms used in this part with regard to a decision of the Administrator that is appealed under this part shall have the meanings as set forth in the regulations under which the Administrator made such decision and as set forth in paragraph (a)(2) of this section and § 72.2 of this chapter. (2) Interested person means, with regard to a decision of the Administrator: (i) Any person who submitted comments, or testified at a public hearing, pursuant to an opportunity for comment provided by the Administrator as part of the process of making such decision; (ii) Any person who submitted objections pursuant to an opportunity for objections provided by the Administrator as part of the process of making such decision; or (iii) Any person who submitted, to the Administrator and in a format prescribed by the Administrator, his or her name, service address, telephone number, and facsimile number and identified such decision in order to be placed on a list of persons interested in such decision; (iv) Provided that the Administrator may update the list of interested persons from time to time by requesting additional written indication of continued interest from the persons listed and may delete from the list the name of any person failing to respond as requested. (b) Availability of information. The availability to the public of information provided to, or otherwise obtained by, the Administrator under this part shall be governed by part 2 of this chapter. (c) Computation of time. (1) In computing any period of time prescribed or allowed under this part, except as otherwise provided, the day of the event from which the period begins to run shall not be included, and Saturdays, Sundays, and federal holidays shall be included. When the period ends on a Saturday, Sunday, or federal holiday, the stated period shall be extended to include the next business day. (2) Where a document is served by first class mail or commercial delivery service, but not by overnight or same-day delivery, 5 days … | |||||
| 40:40:18.0.1.1.7.0.1.20 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.20 Appeal of decision of Administrator or proposed decision to the Environmental Appeals Board. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 86 FR 23181, Apr. 30, 2021] | (a) Within 30 days after the issuance of a proposed decision by a Presiding Officer under this part, any party may appeal any matter set forth in the proposed decision, or any other order or ruling made during the proceeding to which the party objected during the proceeding before the Presiding Officer, by filing an objection with the Environmental Appeals Board. On appeal of an order, ruling, or proposed decision of a Presiding Officer: (1) The party filing the objection shall have the burden of going forward to show that the order, ruling, or proposed decision is based on a finding of fact or conclusion of law that is clearly erroneous; or a policy determination or exercise of discretion that is arbitrary and capricious or otherwise warrants review; and (2) The petitioner or the owners and operators shall have the burden of persuasion, as set forth in § 78.12(a)(1) and (2). (b) Within 45 days (or other shorter, reasonable period established by the Environmental Appeals Board) after issuance of a proposed decision of a Presiding Officer, the Environmental Appeals Board may issue sua sponte in its discretion a notice of intent to review such proposed decision. The Environmental Appeals Board will serve such notice upon all parties to the proceeding. (c) Within a reasonable time following the filing of a petition for administrative review of a decision of the Administrator under § 78.3, or, if any issues raised by such petition are referred to the Presiding Officer, the filing of objections under paragraph (a) of this section or the issuance of a notice of intent to review under paragraph (b) of this section, the Environmental Appeals Board will issue an order affirming, reversing, modifying, or remanding the decision or proposed decision, as appropriate. Prior to issuing this order, the Environmental Appeals Board may provide an opportunity for parties to file additional briefs. (d) If the Environmental Appeals Board issues an order affirming, reversing, or modifying the decision of the Administrator, then… | |||||
| 40:40:18.0.1.1.7.0.1.3 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.3 Petition for administrative review and request for evidentiary hearing. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 60 FR 17132, Apr. 4, 1995; 62 FR 55488, Oct. 24, 1997; 69 FR 21645, Apr. 21, 2004; 70 FR 25338, May 12, 2005; 71 FR 25379, Apr. 28, 2006; 75 FR 75078, Dec. 1, 2010; 76 FR 48379, Aug. 8, 2011; 81 FR 74603, Oct. 26, 2016; 86 FR 23179, Apr. 30, 2021] | (a)(1) The following persons may petition for administrative review of a decision of the Administrator that is made under parts 72, 73, 74, 75, 76, and 77 of this chapter and that is appealable under § 78.1(a): (i) The designated representative for a unit or source covered by the decision or the authorized account representative for any Allowance Tracking System account covered by the decision; or (ii) Any interested person with regard to the decision. (2) The following persons may petition for administrative review of a decision of the Administrator that is made under subparts A through J of part 97 of this chapter and that is appealable under § 78.1(a): (i) The NO X authorized account representative for a unit or source covered by the decision or any NO X Allowance Tracking System account covered by the decision; or (ii) Any interested person with regard to the decision. (3) The following persons may petition for administrative review of a decision of the Administrator that is made under subparts AA through II, AAA through III, or AAAA through IIII of part 96 of this chapter or subparts AA through II, AAA through III, or AAAA through IIII of part 97 of this chapter and that is appealable under § 78.1(a): (i) The CAIR designated representative for a unit or source covered by the decision or the CAIR authorized account representative for any CAIR NO X Allowance Tracking System account, CAIR SO 2 Allowance Tracking System account, or CAIR NO X Ozone Season Allowance Tracking System account covered by the decision; or (ii) Any interested person with regard to the decision. (4) The following persons may petition for administrative review of a decision of the Administrator that is made under subpart AAAAA, BBBBB, CCCCC, DDDDD, EEEEE, FFFFF, or GGGGG of part 97 of this chapter and that is appealable under § 78.1(a): (i) The designated representative for a unit or source covered by the decision or the authorized account representative for any Allowance Management System account covered by the decision; o… | |||||
| 40:40:18.0.1.1.7.0.1.4 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.4 Filings. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 62 FR 66279, Dec. 18, 1997; 69 FR 21645, Apr. 21, 2004; 70 FR 25339, May 12, 2005; 75 FR 75078, Dec. 1, 2010; 76 FR 48379, Aug. 8, 2011; 81 FR 74603, Oct. 26, 2016; 86 FR 23180, Apr. 30, 2021] | (a)(1) All original filings made under this part shall be signed by the person making the filing or by an attorney or authorized representative, in accordance with the following requirements: (i)(A) Any filings on behalf of owners and operators of an affected unit or affected source under parts 72, 73, 74, 75, 76, and 77 of this chapter shall be signed by the designated representative. (B) Any filings on behalf of persons with an ownership interest with respect to allowances in a general account under parts 72, 73, 74, 75, 76, and 77 of this chapter shall be signed by the authorized account representative. (ii)(A) Any filings on behalf of owners and operators of a NO X Budget unit or NO X Budget source shall be signed by the NO X authorized account representative. (B) Any filings on behalf of persons with an ownership interest with respect to NO X allowances in a general account shall be signed by the NO X authorized account representative. (iii)(A) Any filings on behalf of owners and operators of a CAIR NO X unit or CAIR NO X source, CAIR SO 2 unit or CAIR SO 2 source, or CAIR NO X Ozone Season unit or CAIR NO X Ozone Season source shall be signed by the CAIR designated representative. (B) Any filings on behalf of persons with an ownership interest with respect to CAIR NO X allowances, CAIR SO 2 allowances, or CAIR NO X Ozone Season allowances in a general account shall be signed by the CAIR authorized account representative. (iv)(A) Any filings on behalf of owners and operators of a CSAPR NO X Annual unit or CSAPR NO X Annual source, CSAPR NO X Ozone Season Group 1 unit or CSAPR NO X Ozone Season Group 1 source, CSAPR NO X Ozone Season Group 2 unit or CSAPR NO X Ozone Season Group 2 source, CSAPR NO X Ozone Season Group 3 unit or CSAPR NO X Ozone Season Group 3 source, CSAPR SO 2 Group 1 unit or CSAPR SO 2 Group 1 source, CSAPR SO 2 Group 2 unit or CSAPR SO 2 Group 2 source, or Texas SO 2 Trading Program unit or Texas SO 2 Trading Program source shall be signed by the designat… | |||||
| 40:40:18.0.1.1.7.0.1.5 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.5 Limitation on filing or presenting new evidence and raising new issues. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 62 FR 55488, Oct. 24, 1997; 70 FR 25339, May 12, 2005; 76 FR 48379, Aug. 8, 2011; 86 FR 23180, Apr. 30, 2021] | (a) Where there was an opportunity for submission of public comments or objections prior to the decision that is subject to appeal, no evidence shall be filed or presented, and no issues raised, in a proceeding under this part that were not filed, presented, or raised during the period for submission of public comments or objections, absent a showing of good cause explaining the party's failure to do so during the period for submission of public comments or objections. Good cause shall include any instance where the party seeking to file or present new evidence or raise a new issue shows that the evidence could not have reasonably been ascertained, filed, or presented or the issue could not have reasonably been ascertained or raised, or that the materiality of the new evidence or issue could not have reasonably been anticipated, prior to the close of the period for submission of public comments or objections. (b) If an evidentiary hearing is granted, no evidence shall be filed or presented on questions of law or policy or on matters not subject to challenge in the evidentiary hearing. | |||||
| 40:40:18.0.1.1.7.0.1.6 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.6 Action on petition for administrative review. | EPA | [58 FR 3760, Jan. 11, 1993, as amended at 86 FR 23180, Apr. 30, 2021] | (a) If no evidentiary hearing concerning the petition for review is requested or is to be held, the Environmental Appeals Board will issue an order under § 78.20(c). (b)(1) The Environmental Appeals Board may grant a request for an evidentiary hearing, or schedule an evidentiary hearing sua sponte, if the Environmental Appeals Board finds that there are disputed issues of fact material to contested portions of the decision and determines, in its discretion, that an opportunity for direct- and cross-examination of witnesses may be necessary in order to resolve these factual issues. (2) To the extent the Environmental Appeals Board grants a request for an evidentiary hearing, in whole or in part: (i) It will identify the portions of the decision that have been contested and the disputed factual issues that have been raised by the petitioner with regard to which the evidentiary hearing has been granted; and (ii) It will refer the disputed factual issues to the Chief Administrative Law Judge for decision and, in its discretion, may also refer all or a portion of the remaining legal, policy, or factual issues to the Chief Administrative Law Judge for decision. (3)(i) After issues are referred to the Chief Administrative Law Judge, he or she will designate an Administrative Law Judge as Presiding Officer to conduct the evidentiary hearing. (ii) Notwithstanding paragraph (b)(3)(i) of this section, if all parties waive in writing their right to have an Administrative Law Judge designated as the Presiding Officer, the Administrator may designate a lawyer permanently or temporarily employed by EPA and without any prior connection with the proceeding to serve as Presiding Officer. | |||||
| 40:40:18.0.1.1.7.0.1.7 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.7 [Reserved] | EPA | |||||||
| 40:40:18.0.1.1.7.0.1.8 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.8 Consolidation and severance of appeals proceedings. | EPA | (a) The Environmental Appeals Board or Presiding Officer has the discretion to consolidate, in whole or in part, two or more proceedings under this part whenever it appears that a joint proceeding on any or all of the matters at issue in the proceedings will be in the interest of justice, will expedite or simplify consideration of the issues, and will not prejudice any party. Consolidation of proceedings under this paragraph (a) will not affect the right of any party to raise issues that might have been raised had there been no consolidation. (b) The Environmental Appeals Board or Presiding Officer has the discretion to sever issues or parties from a proceeding under this part whenever it appears that separate proceedings will be in the interest of justice, will expedite or simplify consideration of the issues, and will not prejudice any party. | ||||||
| 40:40:18.0.1.1.7.0.1.9 | 40 | Protection of Environment | I | C | 78 | PART 78—APPEAL PROCEDURES | § 78.9 Notice of the filing of petition for administrative review. | EPA | The Administrator will publish in the Federal Register a notice stating that a petition for administrative review of a decision of the Administrator has been filed and specifying any request in the petition for an evidentiary hearing. | ||||||
| 46:46:3.0.1.1.6.1.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.01 | Subpart 78.01—Application | § 78.01-1 General; preemptive effect. | USCG | [CGFR 65-50, 30 FR 16955, Dec. 30, 1965, as amended by USCG-2006-24797, 77 FR 33877, June 7, 2012] | (a) The provisions of this part shall apply to all vessels except as specifically noted. (b) The regulations in this part have preemptive effect over State or local regulations in the same field. | |||
| 46:46:3.0.1.1.6.1.1.2 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.01 | Subpart 78.01—Application | § 78.01-2 Incorporation by reference. | USCG | [CGD 95-028, 62 FR 51204, Sept. 30, 1997, as amended by USCG-1998-4442, 63 FR 52191, Sept. 30, 1998; USCG-1999-5151, 64 FR 67181, Dec. 1, 1999; 69 FR 18803, Apr. 9, 2004; USCG-2009-0702, 74 FR 49231, Sept. 25, 2009; USCG-2012-0832, 77 FR 59779, Oct. 1, 2012; USCG-2013-0671, 78 FR 60150, Sept. 30, 2013] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in paragraph (b) of this section, the Coast Guard must publish notice of change in the Federal Register ; and the material must be available to the public. All approved material is available for inspection or at the National Archives and Records Administration (NARA), and at Coast Guard Headquarters. Contact Commandant (CG-ENG-4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. The material is also available from the sources indicated in paragraph (b) of this section. For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) The material approved for incorporation by reference in this part and the sections affected are as follows: American Society for Testing and Materials (ASTM) 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester—78.17-75 International Maritime Organization (IMO) Publications Section, 4 Albert Embankment, London, SE1 7SR United Kingdom. Resolution A.654(16), Graphical Symbols for Fire Control Plans—78.45-1 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. ASTM D 93-97, Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester—78.17-75 Publications Section, 4 Albert Embankment, London, SE1 7SR United Kingdom. Resolution A.654(16), Graphical Symbols for Fire Control Plans—78.45-1 | |||
| 46:46:3.0.1.1.6.10.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.19 | Subpart 78.19—Auto Pilot | § 78.19-1 Use of auto pilot. | USCG | [CGD 75-074, 42 FR 5963, Jan. 31, 1977] | Except as provided in 33 CFR 164.15, when the automatic pilot is used in— (a) Areas of high traffic density; (b) Conditions of restricted visibility; and (c) All other hazardous navigational situations, the master shall ensure that— (1) It is possible to immediately establish manual control of the ship's steering; (2) A competent person is ready at all times to take over steering control; and (3) The changeover from automatic to manual steering and vice versa is made by, or under, the supervision of the officer of the watch. | |||
| 46:46:3.0.1.1.6.11.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.21 | Subpart 78.21—Maneuvering Characteristics | § 78.21-1 Data required. | USCG | [CGD 73-78, 40 FR 2689, Jan. 15, 1975, as amended by CGD 79-165a, 45 FR 64189, Sept. 29, 1980] | For each ocean and coastwise vessel of 1,600 gross tons and over, the following apply: (a) The following maneuvering information must be prominently displayed in the pilothouse on a fact sheet: (1) For full and half speed, a turning circle diagram to port and starboard that shows the time and the distance of advance and transfer required to alter the course 90 degrees with maximum rudder angle and constant power settings. (2) The time and distance to stop the vessel from full and half speed while maintaining approximately the initial heading with minimum application of rudder. (3) For each vessel with a fixed propeller, a table of shaft revolutions per minute for a representative range of speeds. (4) For each vessel with a controllable pitch propeller a table of control settings for a representative range of speeds. (5) For each vessel that is fitted with an auxiliary device to assist in maneuvering, such as a bow thruster, a table of vessel speeds at which the auxiliary device is effective in maneuvering the vessel. (b) The maneuvering information must be provided in the normal load and normal light condition with normal trim for a particular condition of loading assuming the following— (1) Calm weather—wind 10 knots or less, calm sea; (2) No current; (3) Deep water conditions—water depth twice the vessel's draft or greater; and (4) Clean hull. (c) At the bottom of the fact sheet, the following statement must appear: The response of the (name of the vessel) may be different from those listed above if any of the following conditions, upon which the maneuvering information is based, are varied: (1) Calm weather—wind 10 knots or less, calm sea; (2) No current; (3) Water depth twice the vessel's draft or greater; (4) Clean hull; and (5) Intermediate drafts or unusual trim. The response of the (name of the vessel) may be different from those listed above if any of the following conditions, upon which the maneuvering information is based, are varied: (1) Calm weather—wind 10 knots or less… | |||
| 46:46:3.0.1.1.6.12.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.23 | Subpart 78.23—Whistling | § 78.23-1 Unnecessary whistling prohibited. | USCG | (a) The unnecessary sounding of the vessel's whistle is prohibited within any harbor limits of the United States. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.13.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.27 | Subpart 78.27—Searchlights | § 78.27-1 Improper use prohibited. | USCG | (a) No person shall flash or cause to be flashed the rays of a search light or other blinding light onto the bridge or into the pilothouse of any vessel under way. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.14.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.30 | Subpart 78.30—Lookouts, Pilothouse Watch, Patrolmen, and Watchmen | § 78.30-5 Pilothouse watch. | USCG | (a) In addition to the licensed deck officer or pilot, there shall be at least one member of the crew also on watch in or near the pilothouse at all times when the vessel is being navigated. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.14.1.2 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.30 | Subpart 78.30—Lookouts, Pilothouse Watch, Patrolmen, and Watchmen | § 78.30-10 Supervised patrol. | USCG | (a) The provisions of this section shall apply to all vessels on an international voyage, and to all other vessels having berthed or stateroom accommodations for passengers. This section shall be applicable at all times when passengers are on board. (b) Between the hours of 10 p.m. and 6 a.m., a supervised patrol shall be maintained so as to completely cover all parts of the vessel accessible to passengers or crew, excepting occupied sleeping accommodations and machinery spaces and similar spaces where a regular watch is maintained. (c) Clocks, keys, and recording apparatus shall be of an approved type. The station boxes shall have seals placed over the securing screws in order to leave evidence of removal or tampering. (d) Clocks or key stations shall be so arranged throughout the vessel so as to assure complete coverage of all accessible spaces required by paragraph (b) of this section. The number and location of recording stations, the order in which they are visited, and the number undertaken by one patrolman shall be specifically approved. The stations shall be numbered as required by § 78.47-23. Sufficient watchmen shall be available so that each space will be covered at least once in every hour except as follows: (1) On existing vessels not constructed in general agreement with §§ 72.05-5 through 72.05-60, of this subchapter, the supervised patrol shall cover all spaces required by paragraph (b) of this section at least once in every 20 minutes. (2) Public spaces constructed in general agreement with §§ 72.05-5 through 72.05-60, of this subchapter, shall have either an approved fire detecting system installed in such spaces or the supervised patrol shall cover these spaces at least once in every 20 minutes. (e) The patrolman shall report to the bridge at least once an hour on vessels where the supervised patrol system is not equipped with a recording apparatus in the control station. In vessels requiring more than one patrol route, one patrolman may contact others and make a joint report to the bridg… | ||||
| 46:46:3.0.1.1.6.14.1.3 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.30 | Subpart 78.30—Lookouts, Pilothouse Watch, Patrolmen, and Watchmen | § 78.30-15 Watchmen. | USCG | (a) The provisions of this section shall apply to all vessels not required to have a supervised patrol under the provisions of § 78.30-10. This section shall be applicable at all times when passengers are on board. (b) During the nighttime, a suitable number of watchmen shall be stationed in the passenger accommodation areas on each deck. (c) Watchmen shall be under the direct charge of the master or officer in command of the vessel, and shall report to such officer at the pilothouse at fixed intervals not exceeding one hour. Watchmen shall not be required to perform any other duties while on watch. (d) The uniform of the night watchman shall be conspicuously different from other persons so as to be readily distinguished. A rating badge marked “Watchman” shall be worn on the left sleeve and the front of the cap shall also be marked “Watchman”. (e) The watchman shall have in his possession at all time while on duty an efficient flashlight. | ||||
| 46:46:3.0.1.1.6.14.1.4 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.30 | Subpart 78.30—Lookouts, Pilothouse Watch, Patrolmen, and Watchmen | § 78.30-20 Master's and officer's responsibility. | USCG | (a) Nothing in this part shall exonerate any master or officer in command from the consequences of any neglect to keep a proper lookout or to maintain a proper fire watch or from any neglect of any precaution which may be required by the ordinary practice of seamen or by the special circumstances of the case. When circumstances require it, additional watches shall be maintained to guard against fire or other danger and to give an alarm in case of accident or disaster. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.15.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.33 | Subpart 78.33—Reports of Accidents, Repairs, and Unsafe Equipment | § 78.33-1 Repairs of boiler and pressure vessels. | USCG | (a) Before making any repairs to boilers or unfired pressure vessels, the chief engineer shall submit a report covering the nature of the repairs to the Officer in Charge, Marine Inspection, at or nearest the port where the repairs are to be made. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.15.1.2 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.33 | Subpart 78.33—Reports of Accidents, Repairs, and Unsafe Equipment | § 78.33-5 Accidents to machinery. | USCG | (a) In the event of an accident to a boiler, unfired pressure vessel, or machinery tending to render the further use of the item unsafe until repairs are made, or if by ordinary wear such items become unsafe, a report shall be made by the chief engineer immediately to the Officer in Charge, Marine Inspection, or if at sea, immediately upon arrival at port. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.15.1.3 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.33 | Subpart 78.33—Reports of Accidents, Repairs, and Unsafe Equipment | § 78.33-10 Notice required before repairs. | USCG | (a) No repairs or alterations, except in an emergency, shall be made to any lifesaving or fire detecting or extinguishing equipment without advance notice to the Officer in Charge, Marine Inspection. When emergency repairs or alterations have been made, notice shall be given to the Officer in Charge, Marine Inspection, as soon as practicable. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.16.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.35 | Subpart 78.35—Communication Between Deckhouses | § 78.35-1 When required. | USCG | [CGD 95-027, 61 FR 26004, May 23, 1996] | On all vessels navigating in other than protected waters, where the distance between deckhouses is more than 46 meters (150 feet) a fixed means of facilitating communication between both ends of the vessel, such as a raised fore and aft bridge or side tunnels, must be provided. Previously approved arrangements may be retained so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. | |||
| 46:46:3.0.1.1.6.17.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.36 | Subpart 78.36—Work Vests | § 78.36-1 Application. | USCG | (a) Provisions of this subpart shall apply to all vessels inspected and certificated in accordance with this subchapter. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.17.1.2 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.36 | Subpart 78.36—Work Vests | § 78.36-5 Approved types of work vests. | USCG | [CGD 78-174A, 51 FR 4350, Feb. 4, 1986] | (a) Each buoyant work vest carried under the permissive authority of this section must be approved under— (1) Subpart 160.053 of this chapter; or (2) Subpart 160.077 of this chapter as a commercial hybrid PFD. (b) [Reserved] | |||
| 46:46:3.0.1.1.6.17.1.3 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.36 | Subpart 78.36—Work Vests | § 78.36-10 Use. | USCG | (a) Approved buoyant work vests are considered to be items of safety apparel and may be carried aboard vessels to be worn by crew members when working near or over the water under favorable working conditions. They shall be used under the supervision and control of designated ship's officers. When carried, such vests shall not be accepted in lieu of any portion of the required number of approved life preservers and shall not be substituted for the approved life preservers required to be worn during drills and emergencies. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.17.1.4 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.36 | Subpart 78.36—Work Vests | § 78.36-15 Shipboard stowage. | USCG | (a) The approved buoyant work vests shall be stowed separately from the regular stowage of approved life preservers. (b) The locations for the stowage of work vests shall be such as not to be easily confused with that for approved life preservers. | ||||
| 46:46:3.0.1.1.6.17.1.5 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.36 | Subpart 78.36—Work Vests | § 78.36-20 Shipboard inspections. | USCG | [CGFR 65-50, 30 FR 16955, Dec. 30, 1965, as amended by USCG-2014-0688, 79 FR 58282, Sept. 29, 2014] | (a) Each work vest shall be subject to examination by a marine inspector to determine its serviceability. If found to be satisfactory, it may be continued in service, but shall not be stamped by a marine inspector with a Coast Guard stamp. If a work vest is found not to be in a serviceable condition, then such work vest shall be removed from the vessel. If a work vest is beyond repair, it shall be destroyed or mutilated in the presence of a marine inspector so as to prevent its continued use as a work vest. (b) [Reserved] | |||
| 46:46:3.0.1.1.6.17.1.6 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.36 | Subpart 78.36—Work Vests | § 78.36-25 Additional requirements for hybrid work vests. | USCG | [CGD 78-174A, 51 FR 4350, Feb. 4, 1986] | (a) In addition to the other requirements in this subpart, commercial hybrid PFD's must be— (1) Used, stowed, and maintained in accordance with the procedures set out in the manual required for these devices by § 160.077-29 of this chapter and any limitation(s) marked on them; and (2) Of the same or similar design and have the same method of operation as each other hybrid PFD carried on board. (b) [Reserved] | |||
| 46:46:3.0.1.1.6.18.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.37 | Subpart 78.37—Logbook Entries | § 78.37-1 Application. | USCG | (a) Except as specifically noted, the provisions of this subpart shall apply to all vessels. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.18.1.2 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.37 | Subpart 78.37—Logbook Entries | § 78.37-3 Logbooks and records. | USCG | [CGD 95-027, 61 FR 26004, May 23, 1996] | (a) The master or person in charge of a vessel that is required by 46 U.S.C. 11301 to have an official logbook shall maintain the logbook on form CG-706. When the voyage is completed, the master or person in charge shall file the logbook with the Officer in Charge, Marine Inspection. (b) The master or person in charge of a vessel that is not required by 46 U.S.C. 11301 to have an official logbook, shall maintain, on board, an unofficial logbook or record in any form desired for the purposes of making entries therein as required by law or regulations in this subchapter. Such logs or records are not filed with the Officer in Charge, Marine Inspection, but must be kept available for review by a marine inspector for a period of 1 year after the date to which the records refer. Separate records of tests and inspections of fire fighting equipment must be maintained with the vessel's logs for the period of validity of the vessel's certificate of inspection. | |||
| 46:46:3.0.1.1.6.18.1.3 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.37 | Subpart 78.37—Logbook Entries | § 78.37-5 Actions required to be logged. | USCG | [CGFR 65-50, 30 FR 16955, Dec. 30, 1965, as amended by CGD 89-037, 57 FR 41822, Sept. 11, 1992; CGD 84-069, 61 FR 25288, May 20, 1996; USCG-2014-0688, 79 FR 58282, Sept. 29, 2014] | The actions and observations noted in this section shall be entered in the official log book. This section contains no requirements which are not made in other portions of this subchapter, the items being merely grouped together for convenience. (a) Onboard training, musters, and drills: held in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter. (b) Watertight door operation: Daily and Weekly. See § 78.17-3. (c) Valve and closing appliance operation: Weekly. See § 78.17-5. (d) Loudspeaker system: Weekly. See § 78.17-10. (e) Steering gear, whistle, and means of communication: Prior to departure. See § 78.17-15. (f) Drafts and load line markings: Prior to leaving port, ocean, coastwise, and Great Lakes services only. See § 78.17-20. (g) Verification of vessel compliance with applicable stability requirements. After loading and prior to departure and at all other time necessary to assure the safety of the vessel. See § 78.17-22. (h) Loading doors. Where applicable, every closing and any opening when not docked. See § 78.17-33. (i) Hatches and other openings: All openings and closings, or leaving port without closing, except vessels on protected waters. See § 78.17-35. (j) Emergency lighting and power systems: Weekly and semiannually. See § 78.17-45. (k) Smoke Detecting System: Once every three months. See § 78.17-65. (l) Fuel oil data: Upon receipt of fuel oil on board. See § 78.17-75. (m) Cargo gear inspections: At least once a month. See § 71.47-70 of this subchapter. | |||
| 46:46:3.0.1.1.6.18.1.4 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.37 | Subpart 78.37—Logbook Entries | § 78.37-10 Official log entries. | USCG | [CGFR 65-50, 30 FR 16959, Dec. 30, 1965, as amended by CGD 95-028, 62 FR 51205, Sept. 30, 1997] | (a) In addition to other items required to be entered in the official logbook on every vessel where an official logbook is required, all items relative to the crew and passengers, including the count of passengers carried, and to casualties shall also be entered. (b) Except as noted in paragraph (b)(1) of this section, on any vessel where an official logbook is not required, the master shall keep a record of the correct count of all the passengers received and delivered from day to day. This record shall be open to inspection by the Coast Guard at all times. The aggregate number of the passengers carried shall be furnished to the Coast Guard whenever requested. The information shall be available for a period of one year after the date to which the records refer. (1) The provisions of the paragraph shall not apply to ferry vessels. (2) [Reserved] | |||
| 46:46:3.0.1.1.6.19.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.40 | Subpart 78.40—Vehicular Ferries | § 78.40-1 Stowage of vehicles. | USCG | (a) Automobiles or other vehicles shall be stowed in such a manner as to permit both passengers and operators to get out and away from them freely in the event of fire or other disaster. Where there is insufficient clearance to provide for easy egress at all times, both passengers and operators shall be directed to leave their vehicles and to occupy other spaces reserved for them during the crossing. The decks, where necessary, shall be definitely marked with painted lines to indicate the vehicle runways and the aisle spaces. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.19.1.2 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.40 | Subpart 78.40—Vehicular Ferries | § 78.40-5 Securing of vehicles. | USCG | (a) The master shall take all necessary precautions to see that automobiles or other vehicles have their motors turned off when the ferry is under way, and the motors shall not be started until the ferry is secured to the landing. In addition, the vehicles at each end shall have their wheels securely blocked, while the vessel is being navigated. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.19.1.3 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.40 | Subpart 78.40—Vehicular Ferries | § 78.40-10 No smoking permitted. | USCG | (a) The master shall have appropriate “No Smoking” signs posted and shall take all necessary precautions to prevent smoking or carrying of lighted or smoldering cigars, cigarettes, etc., in the deck area assigned to automobiles or other vehicles. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.2.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.05 | Subpart 78.05—Notice to Mariners and Aids to Navigation | § 78.05-1 Duty of officers. | USCG | [USCG-2014-0688, 79 FR 58282, Sept. 29, 2014] | (a) Licensed deck officers are required to acquaint themselves with the latest information published by the Coast Guard and the National Geospatial-Intelligence Agency regarding aids to navigation. Neglect to do so is evidence of neglect of duty. It is desirable that all vessels have available in the pilothouse for convenient reference at all times a file of the applicable Notice to Mariners. (b) Local Notices to Mariners, published by each U.S. Coast Guard District, contain announcements and information on changes in aids to navigation and other marine information affecting the safety of navigation on oceans and coastwise and the Great Lakes. These notices may be obtained free of charge from the U.S. Coast Guard Navigation Center Web site found at http://www.navcen.uscg.gov/?pageName = lnmMain. (c) Weekly Notices to Mariners (Worldwide coverage) are prepared jointly by the National Geospatial-Intelligence Agency, National Ocean Service, and the U.S. Coast Guard. They include changes in aids to navigation and other important navigation safety information in assembled form for U.S. waters. Foreign marine information is also included in these notices. These notices are available without charge from the National Geospatial-Intelligence Agency Web site found at http://msi.nga.mil/NGAPortal/MSI.portal. | |||
| 46:46:3.0.1.1.6.2.1.2 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.05 | Subpart 78.05—Notice to Mariners and Aids to Navigation | § 78.05-5 Charts and nautical publications. | USCG | [CGD 75-074, 42 FR 5963, Jan. 31, 1977] | As appropriate for the intended voyage, all vessels except barges, ferryboats and vessels operating exclusively on rivers, must carry adequate and up-to-date— (a) Charts; (b) Sailing directions; (c) Coast pilots; (d) Light lists; (e) Notices to mariners; (f) Tide tables; (g) Current tables; and (h) All other nautical publications necessary. 1 1 For United States vessels in or on the navigable waters of the United States, see 33 CFR 164.33. | |||
| 46:46:3.0.1.1.6.20.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.45 | Subpart 78.45—Display of Plans | § 78.45-1 When required. | USCG | [CGD 95-028, 62 FR 51205, Sept. 30, 1997] | (a) Vessels of 1,000 gross tons and over, and vessels of any tonnage on an international voyage shall have permanently exhibited for the guidance of the officer in charge of the vessel the following plans: (1) General arrangement plans showing for each deck the fire control stations, the various sections enclosed by fire-resisting bulkheads, together with particulars of the fire alarms, detecting systems, the sprinkler installation (if any), the fire extinguishing appliances, means of access to different compartments, decks, etc., and the ventilating systems including particulars of the master fan controls, the positions of dampers, the location of the remote means of stopping fans, and identification numbers of the ventilating fans serving each section. If cargo compartments are “specially suitable for vehicles,” they shall be so indicated on the plan. Alternatively, at the discretion of the Commandant, the listed details may be set out in a different medium, such as a booklet or on computer software, provided that the details are available to each officer and a written copy is retained on board at all times and is accessible during emergencies. (2) For vessels constructed on or after September 30, 1997, and for existing vessels which have their plans redrawn, the symbols used to identify the aforementioned details shall be in accordance with IMO Assembly resolution A.654(16). The identical symbols can be found in ASTM Adjunct F 1626. (3) Plans showing clearly for each deck and hold the boundaries of the watertight compartments, the openings therein with the means of closure and position of any controls thereof, and the arrangements for the correction of any list due to flooding. (4) The aforementioned information required for this section shall be kept up-to-date, any alteration being recorded in the applicable medium as soon as practicable. | |||
| 46:46:3.0.1.1.6.21.1.1 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-1 Application. | USCG | (a) The provisions of this subpart with the exception of § 78.47-90, shall apply to all vessels contracted for on or after November 19, 1952. Vessels contracted for prior to November 19, 1952, shall meet the requirements of § 78.47-90. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.21.1.10 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-17 Fire extinguishing system controls. | USCG | [USCG-2006-24797, 77 FR 33877, June 7, 2012] | Each control cabinet or space containing valves or manifolds for a fire extinguishing system must be distinctly marked in conspicuous red letters at least 2 inches high: “[CARBON DIOXIDE/STEAM/FOAM/WATER SPRAY/MANUAL SPRINKLING/AUTOMATIC SPRINKLING/CLEAN AGENT—as appropriate] FIRE SYSTEM.”. | |||
| 46:46:3.0.1.1.6.21.1.11 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-20 Fire hose stations. | USCG | (a) Each fire hydrant shall be identified in red letters and figures at least 2 inches high “FIRE STATION NO 1,” “2,” “3,” etc. Where the hose is not stowed in the open or behind glass so as to be readily seen, this identification shall be so placed as to be readily seen from a distance. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.21.1.12 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-23 Supervised patrol stations. | USCG | (a) Each supervised patrol clock or key station shall be numbered. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.21.1.13 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-25 Emergency squad equipment. | USCG | (a) Lockers or spaces containing equipment for the use of the emergency squad shall be marked “EMERGENCY SQUAD EQUIPMENT.” (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.21.1.14 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-27 Self-contained breathing apparatus. | USCG | [CGD 95-028, 62 FR 51205, Sept. 30, 1997] | Lockers or spaces containing self-contained breathing apparatus shall be marked “SELF-CONTAINED BREATHING APPARATUS.” | |||
| 46:46:3.0.1.1.6.21.1.15 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-30 Hand portable fire extinguishers. | USCG | (a) Each hand portable fire extinguisher shall be marked with a number and the location where stowed shall be marked with a corresponding number at least 1/2 inch high. Where only one type and size of hand portable fire extinguisher is carried, the numbering may be omitted. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.21.1.16 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-33 Emergency lights. | USCG | (a) All emergency lights shall be marked with a letter “E” at least 1/2 inch high. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.21.1.17 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-35 Fire doors. | USCG | (a) All doors in main vertical zone bulkheads or stairway enclosures, except from individual rooms such as staterooms, fan rooms, lockers, etc., shall be numbered conspicuously on an etched plate or equivalent in not less than 3/8 inch letters and figures “F. S. D. 1,” “2,” “3,” etc. If stenciled or similar notice is used, the letters and figures shall be at least 1 inch high. The number shall be conspicuous with the door in the open position. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.21.1.18 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-37 Watertight doors. | USCG | [CGFR 65-50, 30 FR 16955, Dec. 30, 1965, as amended by CGD 79-023, 48 FR 51008, Nov. 4, 1983; USCG-2014-0688, 79 FR 58282, Sept. 29, 2014] | (a) All watertight doors in subdivision bulkheads shall be numbered conspicuously on both sides on an etched plate or equivalent in not less than 3/8 inch letters and figures “W. T. D. 1,” “2,” “3,” etc. If a stenciled or similar notice is used, the letters and figures shall be at least 1 inch high. If the construction is such that the number cannot be seen with the door in the open position, a similar number shall be placed on the frame or other location immediately adjacent to the door. All watertight door remote control stations shall be marked in the same manner, and in addition, the direction of operation of the lever or wheel to open and close the door shall be conspicuously marked. (b) Class 1 doors fitted in accordance with the requirements in § 170.255 of this chapter must additionally be marked “RECLOSE AFTER USE.” | |||
| 46:46:3.0.1.1.6.21.1.19 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-38 Valves and closing appliances. | USCG | (a) All valves and closing appliances, or other mechanisms which may be required to be operated for damage control purposes in case of emergency shall be conspicuously marked with letters at least 1 inch high identifying the control and the direction of operation. In all cases indication shall be provided to show whether the control is open or closed. (b) [Reserved] | ||||
| 46:46:3.0.1.1.6.21.1.2 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-3 General. | USCG | (a) It is the intent of this subpart to provide such markings as are necessary for the guidance of the persons on board in case of emergency. In any specific case, and particularly on small vessels, where it can be shown to the satisfaction of the Officer in Charge, Marine Inspection, that the prescribed markings are unnecessary for the guidance of the persons on board in case of emergency, such markings may be modified or omitted. (b) In addition to English, all stateroom notices, directional signs, etc., shall be printed in languages appropriate to the service of the vessel or other action be taken to achieve the same purpose. (c) Where in this subpart red letters are specified, letters of a contrasting color on a red background will be accepted. | ||||
| 46:46:3.0.1.1.6.21.1.20 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-40 Exit signs. | USCG | [CGFR 65-50, 30 FR 16955, Dec. 30, 1965, as amended by CGD 74-125A, 47 FR 15232, Apr. 8, 1982] | (a) Illuminated exit signs are required and must be installed in accordance with subchapter J (Electrical Engineering Regulations) of this chapter. (b) Small rooms or spaces having a secondary means of escape which is not obviously apparent shall have a suitable sign in red letters “EMERGENCY EXIT” directing attention to such escape. See subchapter J (Electrical Engineering) of this chapter for minimum size. | |||
| 46:46:3.0.1.1.6.21.1.21 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-45 Markings for lifesaving appliances, instructions to passengers, and stowage locations. | USCG | [CGD 84-069, 61 FR 25288, May 20, 1996] | Lifesaving appliances, instructions to passengers, and stowage locations must be marked in accordance with subchapter W (Lifesaving Appliances and Arrangements) of this chapter. | |||
| 46:46:3.0.1.1.6.21.1.22 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-53 Automatic ventilation dampers. | USCG | [CGFR 65-50, 30 FR 16955, Dec. 30, 1965, as amended by CGD 67-87, 32 FR 19181, Dec. 20, 1967] | (a) The manual operating positions for automatic fire dampers in ventilation ducts passing through main vertical zone bulkheads shall be identified by red day light-reflecting letters at least 1/2 inch high “VENTILATION FIRE DAMPER.” In addition, the open and closed positions shall be similarly marked. (b) [Reserved] | |||
| 46:46:3.0.1.1.6.21.1.23 | 46 | Shipping | I | H | 78 | PART 78—OPERATIONS | 78.47 | Subpart 78.47—Markings for Fire and Emergency Equipment, Etc. | § 78.47-55 Instructions for changing steering gear. | USCG | (a) Instructions in at least 1/2 inch letters and figures shall be posted in the steering engine room, relating in order, the different steps to be taken in changing to the emergency steering gear. Each clutch, gear, wheel, lever, valve or switch which is used during the changeover shall be numbered or lettered on a metal plate or painted so that the markings can be recognized at a reasonable distance. The instructions shall indicate each clutch or pin to be “in” or “out” and each valve or switch which is to be “opened” or “closed” in shifting to any means of steering for which the vessel is equipped. Instructions shall be included to line up all steering wheels and rudder amidship before changing gears. (b) [Reserved] |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);