Regulations by Agency
| section_id | title_number | part_number | section_number | section_heading | part_name | subpart_name | excerpt |
|---|---|---|---|---|---|---|---|
| 10:10:5.0.4.5.2.0.46.1 | 10 | 1303 | § 1303.101 Scope | PART 1303—PUBLIC INFORMATION AND REQUESTS | This part sets forth the policies and procedures of the U.S. Nuclear Waste Technical Review Board (Board) regarding public access to documents under the Freedom of Information Act (FOIA), 5 U.S.C. 552. The provisions in the Act shall take precedence over any part of the Board's regulations in confli | ||
| 10:10:5.0.4.5.2.0.46.10 | 10 | 1303 | § 1303.110 Notice of anticipated fees. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) General. The Board shall advise the requetor in writing of any applicable fees. If only a part of the fee can be estimated readily, the Board shall advise the requestor that this may be only a part of the total fee. After the requestor has been sent a fee estimate, the request shall not be con | ||
| 10:10:5.0.4.5.2.0.46.11 | 10 | 1303 | § 1303.111 Requirements for waiver or reduction of fees. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) Records shall be furnished without charge or at a reduced charge if the Board determined that: (1) Disclosure is in the public interest and the information is likely to contribute significantly to public understanding of the activities of the government; and (2) Disclosure is not primarily in | ||
| 10:10:5.0.4.5.2.0.46.12 | 10 | 1303 | § 1303.112 Denials. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) When denying a request in any respect, the Board shall notify the requestor of that determination in writing. The types of denials include: (1) Denials of requests, consisting of a determination: (i) To withhold any requested record in whole or in part; (ii) That a requested record does not e | ||
| 10:10:5.0.4.5.2.0.46.13 | 10 | 1303 | § 1303.113 Business information. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) In general. Business information obtained by the Board from a submitter shall be disclosed under the FOIA only under this section. (b) Definitions. For purposes of this section: (1) Business information—commercial or financial records obtained by the Board that may be protected from disclo | ||
| 10:10:5.0.4.5.2.0.46.14 | 10 | 1303 | § 1303.114 Appeals. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a)(1) Appeals of adverse determinations. If you are dissatisfied with the Board's response to your request, you may appeal to the Board's Executive Director: (i) By mail to: U.S. Nuclear Waste Technical Review Board, 2300 Clarendon Boulevard, Suite 1300, Arlington, VA 22201; (ii) By e-mail to: | ||
| 10:10:5.0.4.5.2.0.46.15 | 10 | 1303 | § 1303.115 Preservation of records. | PART 1303—PUBLIC INFORMATION AND REQUESTS | The Board shall preserve all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized by title 44 of the United States Code or the National Archives and Records Administration's General Reco | ||
| 10:10:5.0.4.5.2.0.46.16 | 10 | 1303 | § 1303.116 Other rights and services. | PART 1303—PUBLIC INFORMATION AND REQUESTS | Nothing in this part shall be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA. | ||
| 10:10:5.0.4.5.2.0.46.2 | 10 | 1303 | § 1303.102 Definitions. | PART 1303—PUBLIC INFORMATION AND REQUESTS | For words used in this part, unless the context varies otherwise, singular includes the plural, plural includes the singular, present tense includes the future tense, and words of one gender include the other gender. (a)(1) Agency records—include materials that are in the control of the Board and a | ||
| 10:10:5.0.4.5.2.0.46.3 | 10 | 1303 | § 1303.103 Public reading area. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) A public reading area is available at the Board office located at 2300 Clarendon Blvd., Suite 1300, Arlington, Virginia 22201. To use the reading area, contact the Director of Administration by: (1) Letter to the address in this paragraph (a): (2) Telephone: 703-235-4473; (3) A request to the | ||
| 10:10:5.0.4.5.2.0.46.4 | 10 | 1303 | § 1303.104 Board records exempt from public disclosure. | PART 1303—PUBLIC INFORMATION AND REQUESTS | 5 U.S.C. 552 provides that the requirements of the FOIA do not apply to matters that are: (a) Specifically authorized under the criteria established by an executive order to be kept secret in the interest of national defense or foreign policy and in fact are properly classified pursuant to such an | ||
| 10:10:5.0.4.5.2.0.46.5 | 10 | 1303 | § 1303.105 Requests for Board records. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) A written FOIA request must be submitted. You may: (1) Write: NWTRB Designated FOIA Officer, 2300 Clarendon Boulevard, Suite 1300, Arlington, VA 22201; (2) Send an e-mail request to foia@nwtrb.gov and specify that this is a FOIA request in the subject line; or (3) Fax: 703-235-4495. (b) Wh | ||
| 10:10:5.0.4.5.2.0.46.6 | 10 | 1303 | § 1303.106 Responsibility, form, and content of responses. | PART 1303—PUBLIC INFORMATION AND REQUESTS | The Board's Executive Director of his/her designated FOIA Officer is authorized to grant or deny any request for a record and determine appropriate fees. When determining which records are responsive to a request, the Board will include only records in its possession as of the date of the search. ( | ||
| 10:10:5.0.4.5.2.0.46.7 | 10 | 1303 | § 1303.107 Timing of responses to requests. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) General. The Board shall normally respond to requests in the order of their receipt. (b) Acknowledgement of requests. On receipt of a request, the Board shall send an acknowledgment letter or an e-mail confirming the requestor's agreement to pay fees under § 1303.108 and providing a request | ||
| 10:10:5.0.4.5.2.0.46.8 | 10 | 1303 | § 1303.108 Fees. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) General. The Board shall charge for processing requests the FOIA in accordance with paragraph (c) of this section, except where fees are limited under § 1303.109 or where a waiver or reduction of fees is granted under § 1303.111. Fees must be paid before the copies of records are sent. Fees ma | ||
| 10:10:5.0.4.5.2.0.46.9 | 10 | 1303 | § 1303.109 Restrictions on charging fees. | PART 1303—PUBLIC INFORMATION AND REQUESTS | (a) When determining search or review fees: (1) No search or review fee shall be charged for requests by educational institutions, noncommercial scientific institutions, and representatives of the news media. (2) The Board shall provide without charge, to all but commercial users. (i) The first 1 | ||
| 10:10:5.0.4.5.3.0.46.1 | 10 | 1304 | § 1304.101 Purpose and scope. | This part sets forth the policies and procedures of the U.S. Nuclear Waste Technical Review Board (Board) regarding access to systems of records maintained by the Board under the Privacy Act of 1974, Public Law 93-579, 5 U.S.C. 552a. The provisions in the Act shall take precedence over any part of t | |||
| 10:10:5.0.4.5.3.0.46.10 | 10 | 1304 | § 1304.110 Disclosure of records to third parties. | (a) The Board will not disclose any record that is contained in a system of records to any person or agency, except with a written request by or with the prior written consent of the individual whose record is requested, unless disclosure of the record is: (1) Required by an employee or agent of th | |||
| 10:10:5.0.4.5.3.0.46.11 | 10 | 1304 | § 1304.111 Maintaining records of disclosures. | (a) The Board shall maintain a log containing the date, nature, and purpose of each disclosure of a record to any person or agency. Such accounting also shall contain the name and address of the person or agency to whom or to which each disclosure was made. This log will not include disclosures made | |||
| 10:10:5.0.4.5.3.0.46.12 | 10 | 1304 | § 1304.112 Notification of systems of Privacy Act records. | (a) Public notice. On November 22, 1996, the Board published a notice of its systems of records in the Federal Register (Vol. 61, Number 227, pages 59472-69473). It is updating and republishing the notice in this issue of the Federal Register. The Board periodically reviews its systems of reco | |||
| 10:10:5.0.4.5.3.0.46.13 | 10 | 1304 | § 1304.113 Privacy Act training. | (a) The Board shall ensure that all persons involved in the design, development, operation, or maintenance of any Board systems are informed of all requirements necessary to protect the privacy of individuals. The Board shall ensure that all employees having access to records receive adequate traini | |||
| 10:10:5.0.4.5.3.0.46.14 | 10 | 1304 | § 1304.114 Responsibility for maintaining adequate safeguards. | The Board has the responsibility for maintaining adequate technical, physical, and security safeguards to prevent unauthorized disclosure or destruction of manual and automatic record systems. These security safeguards shall apply to all systems in which identified personal data are processed or mai | |||
| 10:10:5.0.4.5.3.0.46.15 | 10 | 1304 | § 1304.115 Systems of records covered by exemptions. | The Board currently has no exempt systems of records. | |||
| 10:10:5.0.4.5.3.0.46.16 | 10 | 1304 | § 1304.116 Mailing lists. | The Board shall not sell or rent an individual's name and/or address unless such action is specifically authorized by law. This section shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. | |||
| 10:10:5.0.4.5.3.0.46.2 | 10 | 1304 | § 1304.102 Definitions. | The terms used in these regulations are defined in the Privacy Act of 1974, 5 U.S.C. 552a. In addition, as used in this part: (a) Agency means any executive department, military department, government corporation, or other establishment in this executive branch of the Federal Government, includin | |||
| 10:10:5.0.4.5.3.0.46.3 | 10 | 1304 | § 1304.103 Privacy Act inquiries. | (a) Requests regarding the contents of record systems. Any person wanting to know whether the Board's systems of records contains a record pertaining to him or her may file a request in person or in writing, via the internet, or by telephone. (b) Requests in persons may be submitted at the Boar | |||
| 10:10:5.0.4.5.3.0.46.4 | 10 | 1304 | § 1304.104 Privacy Act records maintained by the Board. | (a) The Board shall maintain only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required by statute or by Executive Order of the President. In addition, the Board shall maintain all records that are used in making determinations about any ind | |||
| 10:10:5.0.4.5.3.0.46.5 | 10 | 1304 | § 1304.105 Requests for access to records. | (a) All requests for records should include the following information: (1) Full name, address, and telephone number of requester. (2) The system of records containing the desired information. (3) Any other information that the requester believes would help locate the record. (b) Requests in wri | |||
| 10:10:5.0.4.5.3.0.46.6 | 10 | 1304 | § 1304.106 Processing of requests. | Upon receipt of a request for information, the Privacy Act Officer will ascertain: Whether the records identified by the requester exist, and Whether they are subject to any exemption under § 1304.115. If the records exist and are not subject to exemption, the Privacy Officer will provide the info | |||
| 10:10:5.0.4.5.3.0.46.7 | 10 | 1304 | § 1304.107 Fees. | A fee will not be charged for searching, reviewing, or making corrections to records. A fee for copying will be assessed at the same rate established for Freedom of Information Act requests. Duplication fees for paper copies of a record will be 10 cents per page for black and white and 20 cents per | |||
| 10:10:5.0.4.5.3.0.46.8 | 10 | 1304 | § 1304.108 Appealing denials of access. | If access to records is denied by the Privacy Act Officer, the requester may file an appeal in writing. The appeal should be directed to Executive Director; U.S. Technical Review Board; 2300 Clarendon Blvd., Suite 1300; Arlington, VA 22201. The appeal letter must: Specify the denied records that ar | |||
| 10:10:5.0.4.5.3.0.46.9 | 10 | 1304 | § 1304.109 Requests for correction of records. | (a) Correction requests. Any person is entitled to request correction of his or her record(s) covered under the Act. The request must be made in writing and should be addressed to Privacy Act Officer; U.S. Nuclear Waste Technical Review Board; 2300 Clarendon Blvd., Suite 1300; Arlington, VA 22201. | |||
| 10:10:5.0.6.5.1.0.46.1 | 10 | 1800 | § 1800.10 Purpose and scope. | PART 1800—DECLARATION OF PARTY STATE ELIGIBILITY FOR NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT | Pursuant to Articles IV.i.(1), (7), (15), and VII.e. of the Northeast Interstate Low-Level Radioactive Waste Compact (enacted by the “Omnibus Low-Level Radioactive Waste Compact Consent Act of 1985,” Public Law 99-240, 99 Stat. 1842, Title I) (the “Compact”), the Northeast Interstate Low-Level Radio | ||
| 10:10:5.0.6.5.1.0.46.2 | 10 | 1800 | § 1800.11 Definitions. | PART 1800—DECLARATION OF PARTY STATE ELIGIBILITY FOR NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT | The definitions contained in Article II of the Compact and Article I.B. of the Commission's By Laws shall apply throughout this part. For the purposes of this part, additional terms are defined as follows: (a) By Laws refers to the Commission's By Laws as adopted and amended by the Commission pur | ||
| 10:10:5.0.6.5.1.0.46.3 | 10 | 1800 | § 1800.12 Procedures for declaring a state eligible for membership in the Compact. | PART 1800—DECLARATION OF PARTY STATE ELIGIBILITY FOR NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT | (a) Any state seeking to become an eligible state under the Compact shall submit to the Chairman of the Commission six copies of a petition to become an eligible state. The petition shall discuss each of the conditions specified in § 1800.13 and shall: (1) Affirm that the petitioning state fully sa | ||
| 10:10:5.0.6.5.1.0.46.4 | 10 | 1800 | § 1800.13 Conditions for becoming an eligible party state. | PART 1800—DECLARATION OF PARTY STATE ELIGIBILITY FOR NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT | The Commission shall evaluate a petition to become an eligible party state on the basis of the following conditions and criteria: (a) To be eligible for Compact membership, a state must agree that it will be the voluntary host state upon admission to the Compact and will continue to be the voluntar | ||
| 10:10:5.0.6.5.1.0.46.5 | 10 | 1800 | § 1800.14 Modification to and enforcement of the rules in this part. | PART 1800—DECLARATION OF PARTY STATE ELIGIBILITY FOR NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE COMPACT | (a) Because of the importance of the conditions for declaration of an eligible state under the Compact, the rules in this part may only be modified, amended, or rescinded after a public hearing held pursuant to Article IV.i.(6) of the Compact and Article V.F.1. of the Commission's By Laws and by a u | ||
| 14:14:5.0.2.1.1.1.1.1 | 14 | 1300 | § 1300.1 Purpose. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart A—General | This part is issued by the Office of Management and Budget, (OMB) pursuant to Title I of the Air Transportation Safety and System Stabilization Act, Public Law 107-42, 115 Stat. 230 (“Act”). Specifically, Section 102(c)(2)(B) directs OMB to issue regulations setting forth procedures for application | |
| 14:14:5.0.2.1.1.1.1.2 | 14 | 1300 | § 1300.2 Definitions. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart A—General | (a) Act means the Air Transportation Safety and System Stabilization Act, Public Law 107-42, 115 Stat. 230 (49 U.S.C. 40101 note). (b) Administer, administering and administration, mean the lender's actions in making, disbursing, servicing (including, but not limited to care, preservation and | |
| 14:14:5.0.2.1.1.1.1.3 | 14 | 1300 | § 1300.3 Supplementary regulations of the Air Transportation Stabilization Board. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart A—General | (a) The regulations in this part are supplemented by the regulations of the Air Transportation Stabilization Board in part 1310 of this chapter in accordance with section 102(c)(2)(B) of the Act. (b) This part and part 1310 of this chapter jointly govern the application procedures and the requireme | |
| 14:14:5.0.2.1.1.2.1.1 | 14 | 1300 | § 1300.10 General standards for Board issuance of Federal credit instruments. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) In accordance with section 102(c)(1) of the Act, the Board may enter into agreements with one or more borrowers to issue Federal credit instruments only if the Board determines, in its discretion and in accordance with the minimum requirements set forth in this part, that— (1) The borrower is a | |
| 14:14:5.0.2.1.1.2.1.10 | 14 | 1300 | § 1300.19 Assignment or transfer of loans. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | Neither the loan documents nor the guarantee of the Board, or any interest therein, may be modified, assigned, conveyed, sold or otherwise transferred by the lender, in whole or in part, without the prior written approval of the Board. | |
| 14:14:5.0.2.1.1.2.1.11 | 14 | 1300 | § 1300.20 Lender responsibilities. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | The lender shall have such obligations and duties to the Board as are set forth in the guarantee. | |
| 14:14:5.0.2.1.1.2.1.12 | 14 | 1300 | § 1300.21 Guarantee. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | The Board shall adopt a form of guarantee to be used by the Board under the program. Modifications to the provisions of the form of guarantee must be approved and adopted by the Board. | |
| 14:14:5.0.2.1.1.2.1.13 | 14 | 1300 | § 1300.22 Termination of obligations. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | The Board shall have such rights to terminate the guarantee as are set forth in the guarantee. | |
| 14:14:5.0.2.1.1.2.1.14 | 14 | 1300 | § 1300.23 Participation in guaranteed loans. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) Subject to paragraph (b) of this section, a lender may distribute the risk of a portion of a loan guaranteed under the program by sale of participations therein if: (1) Neither the loan note nor the guarantee is assigned, conveyed, sold, or transferred in whole or in part; (2) The lender remai | |
| 14:14:5.0.2.1.1.2.1.2 | 14 | 1300 | § 1300.11 Eligible borrower. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) An eligible borrower must be an air carrier that can demonstrate, to the satisfaction of the Board, that: (1) It has incurred (or is incurring) losses as a result of the terrorist attacks on the United States that occurred on September 11, 2001, which may include losses due to the unavailabilit | |
| 14:14:5.0.2.1.1.2.1.3 | 14 | 1300 | § 1300.12 Eligible lender. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) A lender eligible to receive a Federal credit instrument approved by the Board must be a non-Federal qualified institutional buyer as defined in Section 102(a)(3) of the Act. (b) If more than one institution participates as a lender in a single loan for which a Federal credit instrument is requ | |
| 14:14:5.0.2.1.1.2.1.4 | 14 | 1300 | § 1300.13 Guarantee amount. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) Under Section 101(a)(1) of the Act, the Board is authorized to enter into agreements to issue Federal credit instruments that, in the aggregate, do not exceed $10 billion. (b) The loan amount guaranteed to a single air carrier may not exceed that amount that, in the Board's sole discretion, the | |
| 14:14:5.0.2.1.1.2.1.5 | 14 | 1300 | § 1300.14 Guarantee percentage. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | A guarantee issued by the Board must be less than 100 percent of the amount of principal and accrued interest of the loan guaranteed. | |
| 14:14:5.0.2.1.1.2.1.6 | 14 | 1300 | § 1300.15 Loan terms. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) A loan guaranteed under the program shall be due and payable in full no later than seven years from the date on which the first disbursement of the loan is made. (b) Loans guaranteed under the program must bear a rate of interest determined by the Board to be reasonable. In determining the reas | |
| 14:14:5.0.2.1.1.2.1.7 | 14 | 1300 | § 1300.16 Application process. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) Applications are to be submitted by the borrower. Borrowers may submit applications to the Board any time after October 12, 2001 through June 28, 2002. All applications must be received by the Board no later than 5 p.m. EDT, June 28, 2002, in the Board's offices. Borrowers should submit an origi | |
| 14:14:5.0.2.1.1.2.1.8 | 14 | 1300 | § 1300.17 Application evaluation. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) Eligibility screening. Applications will be reviewed to determine whether the lender and borrower are eligible, the information required under § 1300.16(b) is complete, and the proposed loan complies with applicable statutes and regulations. The Board may at any time reject an application that d | |
| 14:14:5.0.2.1.1.2.1.9 | 14 | 1300 | § 1300.18 Issuance of the guarantee. | PART 1300—AVIATION DISASTER RELIEF—AIR CARRIER GUARANTEE LOAN PROGRAM | Subpart B—Minimum Requirements and Application Procedures | (a) The Board's decisions to approve any application for a guarantee under § 1300.17 is conditioned upon: (1) The lender and borrower obtaining any required regulatory or judicial approvals; (2) Evidence showing, to the Board's satisfaction, that the lender and borrower are legally authorized to e | |
| 14:14:5.0.2.2.2.0.1.1 | 14 | 1310 | § 1310.1 Purpose and scope. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | This part is issued by the Air Transportation Stabilization Board pursuant to Section 102(c)(2)(B) of the Air Transportation Safety and System Stabilization Act, Public Law 107-42, 115 Stat. 230 (Act). This part describes the Board's authorities, organizational structure, the rules by which the Boar | ||
| 14:14:5.0.2.2.2.0.1.10 | 14 | 1310 | § 1310.10 Governmentwide debarment and suspension. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | While the Board is not part of the Department of the Treasury, the regulations promulgated by the Department of the Treasury at subpart A (“General”), subpart B (“Effect of Action”), subpart C (“Debarment”), subpart D (“Suspension”), and subpart E (“Responsibilities of GSA, Agency and Participants”) | ||
| 14:14:5.0.2.2.2.0.1.11 | 14 | 1310 | § 1310.11 Regulations of the Office of Management and Budget. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | (a) The regulations in this part supplement the regulations of the Office of Management and Budget in part 1300 of this chapter in accordance with section 102(c)(2)(B) of the Act. (b) This part and part 1300 of this chapter jointly govern the application procedures and the requirements for issuance | ||
| 14:14:5.0.2.2.2.0.1.12 | 14 | 1310 | § 1310.15 Amendment or Waiver of a term or condition of a guaranteed loan. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | The Board may, in its discretion, charge the borrower a fee, in an amount and payable as determined by the Board, for each amendment to, or waiver of, any term or condition of any guaranteed loan document or related instrument approved by the Board. | ||
| 14:14:5.0.2.2.2.0.1.13 | 14 | 1310 | § 1310.20 Amendments. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | The procedures in this part may be adopted or amended, or new procedures may be adopted, only by majority vote of the Board. Authority to adopt or amend these procedures may not be delegated. | ||
| 14:14:5.0.2.2.2.0.1.2 | 14 | 1310 | § 1310.2 Composition of the Board. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | The Board consists of the Chairman of the Board of Governors of the Federal Reserve System or the designee of the Chairman, who acts as Chairman of the Board, the Secretary of the Treasury or the designee of the Secretary, the Secretary of Transportation or the designee of the Secretary, and the Com | ||
| 14:14:5.0.2.2.2.0.1.3 | 14 | 1310 | § 1310.3 Authority of the Board. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | Pursuant to the provisions of the Act, the Board is authorized to guarantee loans provided to airlines by eligible lenders in accordance with the procedures, rules, and regulations established by the Board, to make the determinations authorized by the Act, and to take such other actions as necessary | ||
| 14:14:5.0.2.2.2.0.1.4 | 14 | 1310 | § 1310.4 Offices. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | The principal offices of the Board are at 1120 Vermont Avenue, NW., Suite 970, Washington, DC 20005. | ||
| 14:14:5.0.2.2.2.0.1.5 | 14 | 1310 | § 1310.5 Meetings and actions of the Board. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | (a) Place and frequency. The Board meets, on the call of the Chairman, in order to consider matters requiring action by the Board. The time and place for any such meeting shall be determined by the members of the Board. (b) Quorum and voting. Two voting members of the Board constitute a quorum | ||
| 14:14:5.0.2.2.2.0.1.6 | 14 | 1310 | § 1310.6 Staff. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | (a) Executive Director. The Executive Director advises and assists the Board in carrying out its responsibilities under the Act, provides general direction with respect to the administration of the Board's actions, directs the activities of the staff, and performs such other duties as the Board ma | ||
| 14:14:5.0.2.2.2.0.1.7 | 14 | 1310 | § 1310.7 Communications with the Board. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | Communications with the Board shall be conducted through the staff of the Board. | ||
| 14:14:5.0.2.2.2.0.1.8 | 14 | 1310 | § 1310.8 Freedom of Information Act. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | While the Board is not part of the Department of the Treasury, the Board follows the regulations promulgated by the Department of the Treasury at subpart A (“Freedom of Information Act”) of part 1 (“Disclosure of Records”) of title 31 (“Money and Finance: Treasury”) of the Code of Federal Regulation | ||
| 14:14:5.0.2.2.2.0.1.9 | 14 | 1310 | § 1310.9 Restrictions on lobbying. | PART 1310—AIR CARRIER GUARANTEE LOAN PROGRAM ADMINISTRATIVE REGULATIONS AND AMENDMENT OR WAIVER OF A TERM OR CONDITION OF GUARANTEED LOAN | (a) While the Board is not part of the Department of the Treasury, the regulations promulgated by the Department of the Treasury at part 21 (“New Restrictions on Lobbying”) of title 31 (“Money and Finance: Treasury”) of the Code of Federal Regulations (CFR), including the appendices thereto, are app | ||
| 20:20:3.0.1.1.2.0.1.1 | 20 | 501 | § 501.1 Definitions. | PART 501—RULES OF PROCEDURE | (a) FECA means the Federal Employees' Compensation Act, 5 U.S.C. 8101 et seq. and any statutory extension or application thereof. (b) The Board means the Employees' Compensation Appeals Board. (c) Chief Judge and Chairman of the Board means the Chairman of the Employees' Compensation Appea | ||
| 20:20:3.0.1.1.2.0.1.2 | 20 | 501 | § 501.2 Scope and applicability of rules; composition and jurisdiction of the Board. | PART 501—RULES OF PROCEDURE | (a) The regulations in this part establish the Rules of Practice and Procedure governing the operation of the Employees' Compensation Appeals Board. (b) The Board consists of three permanent judges, one of whom is designated as Chief Judge and Chairman of the Board, and such alternate judges as are | ||
| 20:20:3.0.1.1.2.0.1.3 | 20 | 501 | § 501.3 Notice of Appeal. | PART 501—RULES OF PROCEDURE | (a) Who may file. Any person adversely affected by a final decision of the Director, or his or her authorized Representative, may file an appeal of such decision to the Board. (b) How to file. (1) Beginning on April 12, 2021, attorneys and lay representatives must file appeals with the Board el | ||
| 20:20:3.0.1.1.2.0.1.4 | 20 | 501 | § 501.4 Case record; inspection; submission of pleadings and motions. | PART 501—RULES OF PROCEDURE | (a) Service on OWCP and transmission of OWCP case record. The Board shall serve upon the Director a copy of each notice of appeal and accompanying documents. Within 60 days from the date of such service, the Director shall provide to the Board the record of the OWCP proceeding to which the notice | ||
| 20:20:3.0.1.1.2.0.1.5 | 20 | 501 | § 501.5 Oral argument. | PART 501—RULES OF PROCEDURE | (a) Oral argument. Oral argument may be held in the discretion of the Board, on its own determination or on application by Appellant or the Director. (b) Request. A request for oral argument must be submitted in writing to the Clerk. The application must specify the issue(s) to be argued and pr | ||
| 20:20:3.0.1.1.2.0.1.6 | 20 | 501 | § 501.6 Decisions and orders. | PART 501—RULES OF PROCEDURE | (a) Decisions. A decision of the Board will contain a written opinion setting forth the reasons for the action taken and an appropriate order. The decision is based on the case record, all pleadings and any oral argument. The decision may consist of an affirmance, reversal or remand for further de | ||
| 20:20:3.0.1.1.2.0.1.7 | 20 | 501 | § 501.7 Petition for reconsideration. | PART 501—RULES OF PROCEDURE | (a) Time for filing. The Appellant or the Director may file a petition for reconsideration of a decision or order issued by the Board within 30 days of the date of issuance, unless another time period is specified in the Board's order. (b) Where to File. The petition must be filed with the Cler | ||
| 20:20:3.0.1.1.2.0.1.8 | 20 | 501 | § 501.8 Clerk of the Office of the Appellate Boards; docket of proceedings; records. | PART 501—RULES OF PROCEDURE | (a) Location and business hours. The Office of the Clerk of the Appellate Boards is located at 200 Constitution Avenue, NW., Washington, DC 20210. The Office of the Clerk is open during business hours on all days except Saturdays, Sundays and Federal holidays, from 8:30 a.m. to 5 p.m. (b) Docket | ||
| 20:20:3.0.1.1.2.0.1.9 | 20 | 501 | § 501.9 Representation; appearances and fees. | PART 501—RULES OF PROCEDURE | (a) Representation. In any proceeding before the Board, an Appellant may appear in person or by appointing a duly authorized individual as his or her Representative. (1) Counsel. The designated Representative may be an attorney who has been admitted to practice and who is in good standing with | ||
| 28:28:2.0.4.5.1.0.127.1 | 28 | 600 | § 600.1 Grounds for appointing a Special Counsel. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | The Attorney General, or in cases in which the Attorney General is recused, the Acting Attorney General, will appoint a Special Counsel when he or she determines that criminal investigation of a person or matter is warranted and— (a) That investigation or prosecution of that person or matter by a U | ||
| 28:28:2.0.4.5.1.0.127.10 | 28 | 600 | § 600.10 No creation of rights. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | The regulations in this part are not intended to, do not, and may not be relied upon to create any rights, substantive or procedural, enforceable at law or equity, by any person or entity, in any matter, civil, criminal, or administrative. | ||
| 28:28:2.0.4.5.1.0.127.2 | 28 | 600 | § 600.2 Alternatives available to the Attorney General. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | When matters are brought to the attention of the Attorney General that might warrant consideration of appointment of a Special Counsel, the Attorney General may: (a) Appoint a Special Counsel; (b) Direct that an initial investigation, consisting of such factual inquiry or legal research as the Att | ||
| 28:28:2.0.4.5.1.0.127.3 | 28 | 600 | § 600.3 Qualifications of the Special Counsel. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | (a) An individual named as Special Counsel shall be a lawyer with a reputation for integrity and impartial decisionmaking, and with appropriate experience to ensure both that the investigation will be conducted ably, expeditiously and thoroughly, and that investigative and prosecutorial decisions wi | ||
| 28:28:2.0.4.5.1.0.127.4 | 28 | 600 | § 600.4 Jurisdiction. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | (a) Original jurisdiction. The jurisdiction of a Special Counsel shall be established by the Attorney General. The Special Counsel will be provided with a specific factual statement of the matter to be investigated. The jurisdiction of a Special Counsel shall also include the authority to investig | ||
| 28:28:2.0.4.5.1.0.127.5 | 28 | 600 | § 600.5 Staff. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | A Special Counsel may request the assignment of appropriate Department employees to assist the Special Counsel. The Department shall gather and provide the Special Counsel with the names and resumes of appropriate personnel available for detail. The Special Counsel may also request the detail of spe | ||
| 28:28:2.0.4.5.1.0.127.6 | 28 | 600 | § 600.6 Powers and authority. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | Subject to the limitations in the following paragraphs, the Special Counsel shall exercise, within the scope of his or her jurisdiction, the full power and independent authority to exercise all investigative and prosecutorial functions of any United States Attorney. Except as provided in this part, | ||
| 28:28:2.0.4.5.1.0.127.7 | 28 | 600 | § 600.7 Conduct and accountability. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | (a) A Special Counsel shall comply with the rules, regulations, procedures, practices and policies of the Department of Justice. He or she shall consult with appropriate offices within the Department for guidance with respect to established practices, policies and procedures of the Department, inclu | ||
| 28:28:2.0.4.5.1.0.127.8 | 28 | 600 | § 600.8 Notification and reports by the Special Counsel. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | (a) Budget. (1) A Special Counsel shall be provided all appropriate resources by the Department of Justice. Within the first 60 days of his or her appointment, the Special Counsel shall develop a proposed budget for the current fiscal year with the assistance of the Justice Management Division for | ||
| 28:28:2.0.4.5.1.0.127.9 | 28 | 600 | § 600.9 Notification and reports by the Attorney General. | PART 600—GENERAL POWERS OF SPECIAL COUNSEL | (a) The Attorney General will notify the Chairman and Ranking Minority Member of the Judiciary Committees of each House of Congress, with an explanation for each action— (1) Upon appointing a Special Counsel; (2) Upon removing any Special Counsel; and (3) Upon conclusion of the Special Counsels i | ||
| 28:28:2.0.4.5.2.0.127.1 | 28 | 601 | § 601.1 Jurisdiction of the Independent Counsel: Iran/Contra. | PART 601—JURISDICTION OF THE INDEPENDENT COUNSEL: IRAN/CONTRA | (a) The Independent Counsel. Iran/Contra has jurisdiction to investigate to the maximum extent authorized by part 600 of this chapter whether any person or group of persons currently described in section 591 of title 28 of the U.S. Code, including Lieutenant Colonel Oliver L. North, other United S | ||
| 28:28:2.0.4.5.3.0.127.1 | 28 | 602 | § 602.1 Independent Counsel: In re Franklyn C. Nofziger. | PART 602—JURISDICTION OF THE INDEPENDENT COUNSEL: IN RE FRANKLYN C. NOFZIGER | (a) The Independent Counsel: In re Franklyn C. Nofziger shall have jurisdiction to investigate to the maximum extent authorized by part 600 of this chapter whether Franklyn C. Nofziger committed a violation of any Federal criminal law, as referred to in 28 U.S.C. 591, and more specifically whether t | ||
| 28:28:2.0.4.5.4.0.127.1 | 28 | 603 | § 603.1 Jurisdiction of the Independent Counsel | PART 603—JURISDICTION OF THE INDEPENDENT COUNSEL: IN RE MADISON GUARANTY SAVINGS & LOAN ASSOCIATION | (a) The Independent Counsel: In re Madison Guaranty Savings & Loan Association shall have jurisdiction and authority to investigate to the maximum extent authorized by part 600 of this chapter whether any individuals or entities have committed a violation of any federal criminal or civil law relatin | ||
| 28:28:2.0.5.5.1.1.127.1 | 28 | 700 | § 700.10 General provisions. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Purpose and scope. The subpart contains the regulations of the Office of Independent Counsel implementing the Privacy Act of 1974, 5 U.S.C. 552a. The regulations apply to all records that are contained in systems of records maintained by the Office of Independent Counsel and that are retrieved | |
| 28:28:2.0.5.5.1.1.127.10 | 28 | 700 | § 700.19 Preservation of records. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | The Office shall preserve all correspondence relating to the requests it receives under this subpart, and all records processed pursuant to such requests, until such time as the destruction of such correspondence and records is authorized pursuant to title 44 of the U.S. Code. Under no circumstances | |
| 28:28:2.0.5.5.1.1.127.11 | 28 | 700 | § 700.20 Requests for correction of records. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) How made. Unless a record is exempted from correction and amendment, an individual may submit a request for correction of a record pertaining to him. A request for correction must be made in writing. The request must identify the particular record in question, state the correction sought, and | |
| 28:28:2.0.5.5.1.1.127.12 | 28 | 700 | § 700.21 Records not subject to correction. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | The following records are not subject to correction or amendment as provided in § 700.20: (a) Transcripts of testimony given under oath or written statements made under oath; (b) Transcripts of grand jury proceedings, judicial proceedings, or quasi-judicial proceedings that constitute the official | |
| 28:28:2.0.5.5.1.1.127.13 | 28 | 700 | § 700.22 Request for accounting of record disclosures. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) An individual may request the Office to provide him with an accounting of those other agencies to which the Office has disclosed the record, and the date, nature, and purpose of each disclosure. A request for an accounting must be made in writing and must identify the particular record for which | |
| 28:28:2.0.5.5.1.1.127.14 | 28 | 700 | § 700.23 Notice of subpoenas and emergency disclosures. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Subpoenas. When records pertaining to an individual are subpoenaed by a grand jury, court, or quasi-judicial authority, the official served with the subpoena shall be responsible for ensuring that written notice of its service is forwarded to the individual. Notice shall be provided within 10 | |
| 28:28:2.0.5.5.1.1.127.15 | 28 | 700 | § 700.24 Security of systems of records. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) The Office Administrator or Security Officer shall be responsible for issuing regulations governing the security of systems of records. To the extent that such regulations govern the security of automated systems of records, the regulations shall be consistent with the guidelines developed by th | |
| 28:28:2.0.5.5.1.1.127.16 | 28 | 700 | § 700.25 Use and collection of social security numbers. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Each system manager of a system of records that utilizes Social Security numbers as a method of identification without statutory authorization, or authorization by regulation adopted prior to January 1, 1975, shall take steps to revise the system to avoid future collection and use of the Social | |
| 28:28:2.0.5.5.1.1.127.17 | 28 | 700 | § 700.26 Employee standards of conduct. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) The Office shall inform its employees of the provisions of the Privacy Act, including the Act's civil liability and criminal penalty provisions. The Office also shall notify its employees that they have a duty to— (1) Protect the security of records, (2) Assure the accuracy, relevance, timelin | |
| 28:28:2.0.5.5.1.1.127.18 | 28 | 700 | § 700.27 Other rights and services. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under 5 U.S.C. 552a. | |
| 28:28:2.0.5.5.1.1.127.2 | 28 | 700 | § 700.11 Request for access to records. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Procedure for making requests for access to records. An individual may request access to a record about him by appearing in person or by writing the Office. A requester in need of guidance in defining his request may write to the FOIA/PA Officer, Office of Independent Counsel, suite 701 West, | |
| 28:28:2.0.5.5.1.1.127.3 | 28 | 700 | § 700.12 Responses to requests for access to records. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Authority to grant or deny requests. The head of the Office, or his designee, is authorized to grant or deny any request for access to a record. (b) Initial action by the Office. When the Office receives a request for access to a record in its possession, the Office shall promptly determine | |
| 28:28:2.0.5.5.1.1.127.4 | 28 | 700 | § 700.13 Form and content of Office responses. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Form of notice granting request for access. After the Office has made a determination to grant a request for access in whole or in part, the Office shall so notify the requester in writing. The notice shall describe the manner in which access to the record will be granted and shall inform the | |
| 28:28:2.0.5.5.1.1.127.5 | 28 | 700 | § 700.14 Classified information. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | In processing a request for access to a record containing information that is classified or classifiable under Executive Order 12356 or any other Executive order concerning the classification of records, the Office shall review the information to determine whether it warrants classification. Informa | |
| 28:28:2.0.5.5.1.1.127.6 | 28 | 700 | § 700.15 Records in exempt systems of records. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Law-enforcement records exempted under subsections (j)(2) and (k)(2). Before denying a request by an individual for access to a law-enforcement record that has been exempted from access pursuant to 5 U.S.C. 552a(k)(2), the Office must review the requested record to determine whether informatio | |
| 28:28:2.0.5.5.1.1.127.7 | 28 | 700 | § 700.16 Access to records. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Manner of access. The Office, once it has made a determination to grant a request for access, shall grant the requester access to the requested record by— (1) Providing the requester with a copy of the record or (2) Making the record available for inspection by the requester at a reasonable | |
| 28:28:2.0.5.5.1.1.127.8 | 28 | 700 | § 700.17 Fees for access to records. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) When charged. The Office shall charge fees pursuant to 5 U.S.C. 552a(f)(5) for the copying of records to afford access to individuals unless the Office, in its discretion, waives or reduces the fees for good cause shown. The Office shall charge fees only at the rate of $0.10 per page. For mate | |
| 28:28:2.0.5.5.1.1.127.9 | 28 | 700 | § 700.18 Appeals from denials of access. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart A—Protection of Privacy and Access to Individual Records Under the Privacy Act of 1974 | (a) Appeals to Independent Counsel. When the Office denies in whole or part a request for access to records, the requester may appeal the denial to Independent Counsel within 30 days of his receipt of the notice denying his request. An appeal to Independent Counsel shall be made in writing, addres | |
| 28:28:2.0.5.5.1.2.127.1 | 28 | 700 | § 700.31 Exemption of the Office of Independent Counsel's systems of records—limited access. | PART 700—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION OF THE OFFICE OF INDEPENDENT COUNSEL | Subpart B—Exemption of the Office of Independent Counsel's Systems of Records Under the Privacy Act | (a) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4); (d); (e)(1), (2) and (3); (e)(4) (G), (H) and (I); (e) (5) and (8); (f); and (g): (1) General Files System of the Office of Independent Counsel (OIC/001). (1) General Files System of the Office of Independent Counsel | |
| 28:28:2.0.5.5.2.0.127.1 | 28 | 701 | § 701.10 General provisions. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | (a) This part contains the regulations of the Office of Independent Counsel implementing the Freedom of Information Act (“FOIA”), 5 U.S.C. 552. Information customarily furnished to the public in the regular course of the performance of official duties may continue to be furnished to the public witho | ||
| 28:28:2.0.5.5.2.0.127.10 | 28 | 701 | § 701.19 Other rights and services. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | Nothing in this part shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under 5 U.S.C. 552. | ||
| 28:28:2.0.5.5.2.0.127.2 | 28 | 701 | § 701.11 Requirements pertaining to requests. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | (a) How made and addressed. A requester may make a request under this part for a record of the Office of Independent Counsel by writing to the Office at: FOIA/PA Officer, Office of Independent counsel, Suite 701 West, 555 Thirteenth Street NW., Washington, DC 20004. A request should be sent to the | ||
| 28:28:2.0.5.5.2.0.127.3 | 28 | 701 | § 701.12 Responses by the Office to requests. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | (a) Authority to grant or deny requests. The head of the Office, or his designee, is authorized to grant or deny and request for a record of the Office. (b) Initial action by the Office. When the Office receives a request for a record in its possession, the Office shall promptly determine wheth | ||
| 28:28:2.0.5.5.2.0.127.4 | 28 | 701 | § 701.13 Form and content of Office responses. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | (a) Form of notice granting a request. After the Office has made a determination to grant a request in whole or in part, the Office shall so notify the requester in writing. The notice shall describe the manner in which the record will be disclosed, whether by providing a copy of the record to the | ||
| 28:28:2.0.5.5.2.0.127.5 | 28 | 701 | § 701.14 Classified information. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | In processing a request for information that is classified or classifiable under Executive Order 12356 or any other Executive Order concerning the classification of records, the Office shall review the information to determine whether it warrants classification. Information that does not warrant cla | ||
| 28:28:2.0.5.5.2.0.127.6 | 28 | 701 | § 701.15 Business information. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | (a) In general. Business information provided to the Office by a business submitter shall not be disclosed pursuant to a FOIA request except in accordance with this section. (b) Notice to business submitters. The Office shall provide a business submitter with prompt written notice of a request | ||
| 28:28:2.0.5.5.2.0.127.7 | 28 | 701 | § 701.16 Appeals. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | (a) Appeals to Independent Counsel. When a request for access to records or for a waiver of fees has been denied in whole or in part, or when the Office fails to respond to a request within the time limits set forth in the FOIA, the requester may appeal the denial of the request to Independent Cou | ||
| 28:28:2.0.5.5.2.0.127.8 | 28 | 701 | § 701.17 Preservation of records. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | The Office shall preserve all correspondence relating to the requests it receives under this part, and all records processed pursuant to such requests, until such time as the destruction of such correspondence and records is authorized pursuant to title 44 of the United States Code. Under no circums | ||
| 28:28:2.0.5.5.2.0.127.9 | 28 | 701 | § 701.18 Fees. | PART 701—PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF INFORMATION ACT | (a) In general. Fees pursuant to the FOIA shall be assessed according to the schedule contained in paragraph (b) of this section for services rendered by the Office in responding to and processing requests for records under this part. All fees so assessed shall be charged to the requester, except | ||
| 28:28:2.0.7.5.2.0.127.1 | 28 | 901 | § 901.1 Purpose and authority. | PART 901—FINGERPRINT SUBMISSION REQUIREMENTS | The Compact Council is established pursuant to the National Crime Prevention and Privacy Compact (Compact), title 42, U.S.C., chapter 140, subchapter II, section 14616. The purpose of these provisions is to interpret the Compact, as it applies to the required submission of fingerprints, along with r | ||
| 28:28:2.0.7.5.2.0.127.2 | 28 | 901 | § 901.2 Interpretation of fingerprint submission requirements. | PART 901—FINGERPRINT SUBMISSION REQUIREMENTS | (a) Article V of the Compact requires the submission of fingerprints or other approved forms of positive identification with requests for criminal history record checks for noncriminal justice purposes. The requirement for the submission of fingerprints may be satisfied in two ways: (1) The fingerp | ||
| 28:28:2.0.7.5.2.0.127.3 | 28 | 901 | § 901.3 Approval of delayed fingerprint submission requests. | PART 901—FINGERPRINT SUBMISSION REQUIREMENTS | (a) A state may, based upon exigent circumstances, apply for delayed submission of fingerprints supporting requests for III records by agencies authorized to access and receive criminal history records under Public Law 92-544. Such applications must be sent to the Compact Council Chairman and includ | ||
| 28:28:2.0.7.5.2.0.127.4 | 28 | 901 | § 901.4 Audits. | PART 901—FINGERPRINT SUBMISSION REQUIREMENTS | (a) Audits of authorized State agencies that access the III System shall be conducted by the State's Compact Officer or, in the absence of a Compact Officer, the chief administrator for the criminal history record repository. The responsible Federal CJIS Systems Officer shall ensure that similar aud | ||
| 28:28:2.0.7.5.3.0.127.1 | 28 | 902 | § 902.1 Purpose and authority. | PART 902—DISPUTE ADJUDICATION PROCEDURES | The purpose of Part 902 is to establish protocols and procedures for the adjudication of disputes by the Compact Council. The Compact Council is established pursuant to the National Crime Prevention and Privacy Compact (Compact), Title 42, U.S.C., Chapter 140, Subchapter II, Section 14616. | ||
| 28:28:2.0.7.5.3.0.127.2 | 28 | 902 | § 902.2 Raising disputes. | PART 902—DISPUTE ADJUDICATION PROCEDURES | (a) Cognizable disputes may be based upon: (1) A claim that the Council has misinterpreted the Compact or one of the Council's rules or standards established under Article VI of the Compact; (2) A claim that the Council has exceeded its authority under the Compact; (3) A claim that in establishin | ||
| 28:28:2.0.7.5.3.0.127.3 | 28 | 902 | § 902.3 Referral to Dispute Resolution Committee. | PART 902—DISPUTE ADJUDICATION PROCEDURES | (a) The five person Dispute Resolution Committee membership shall be determined according to Compact Article VI (g). Should a dispute arise with an apparent conflict of interest between the disputant and a Committee member, the Committee member shall recuse himself/herself and the Compact Council Ch | ||
| 28:28:2.0.7.5.3.0.127.4 | 28 | 902 | § 902.4 Action by Council Chairman. | PART 902—DISPUTE ADJUDICATION PROCEDURES | (a) The Chairman shall communicate the decision of the Dispute Resolution Committee to the person or organization that raised the dispute. (b) If a hearing is not granted, the disputant may appeal this decision to the Attorney General. If the Attorney General believes the disputant has raised an is | ||
| 28:28:2.0.7.5.3.0.127.5 | 28 | 902 | § 902.5 Hearing procedures. | PART 902—DISPUTE ADJUDICATION PROCEDURES | (a) The hearing shall be open to the public pursuant to Article VI (d)(1) of the Compact. (b) The Council Chairman or his/her designee shall preside over the hearing and may limit the number of, and the length of time allowed to, presenters or witnesses. (c) The person or organization raising the | ||
| 28:28:2.0.7.5.3.0.127.6 | 28 | 902 | § 902.6 Appeal to the Attorney General. | PART 902—DISPUTE ADJUDICATION PROCEDURES | (a) The Federal Bureau of Investigation or a Compact Party State may appeal the decision of the Council to the U.S. Attorney General pursuant to Section (c) of Article XI of the Compact. (b) Appeals shall be filed and conducted pursuant to rules and procedures that may be established by the Attorne | ||
| 28:28:2.0.7.5.3.0.127.7 | 28 | 902 | § 902.7 Court action. | PART 902—DISPUTE ADJUDICATION PROCEDURES | Pursuant to Section (c) of Article XI of the Compact, a decision by the Attorney General on an appeal under § 902.6 may be appealed by filing a suit seeking to have the decision reversed in the appropriate district court of the United States. | ||
| 28:28:2.0.7.5.4.0.127.1 | 28 | 904 | § 904.1 Purpose and authority. | PART 904—STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS | Pursuant to the National Crime Prevention and Privacy Compact (Compact), title 42, U.S.C., chapter 140, subchapter II, section 14616, Article IV (c), the Compact Council hereby establishes record screening standards for criminal history record information received by means of the III System for nonc | ||
| 28:28:2.0.7.5.4.0.127.2 | 28 | 904 | § 904.2 Interpretation of the criminal history record screening requirement. | PART 904—STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS | Compact Article IV(c) provides that “Any record obtained under this Compact may be used only for the official purposes for which the record was requested.” Further, Article III(b)(1)(C) requires that each Party State appoint a Compact officer who shall “regulate the in-State use of records received | ||
| 28:28:2.0.7.5.4.0.127.3 | 28 | 904 | § 904.3 State criminal history record screening standards. | PART 904—STATE CRIMINAL HISTORY RECORD SCREENING STANDARDS | The following record screening standards relate to criminal history record information received for noncriminal justice purposes as a result of a national search subject to the Compact utilizing the III System. (a) The State Criminal History Record Repository or an authorized agency in the receivin | ||
| 28:28:2.0.7.5.5.0.127.1 | 28 | 905 | § 905.1 Definition. | PART 905—NATIONAL FINGERPRINT FILE (NFF) PROGRAM QUALIFICATION REQUIREMENTS | “National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System. | ||
| 28:28:2.0.7.5.5.0.127.2 | 28 | 905 | § 905.2 Purpose and authority. | PART 905—NATIONAL FINGERPRINT FILE (NFF) PROGRAM QUALIFICATION REQUIREMENTS | The purpose of this part 905 is to require each National Fingerprint File (NFF) participant to meet the standards set forth in the NFF Qualification Requirements as established by the Compact Council (Council). The Council is established pursuant to the National Crime Prevention and Privacy Compact | ||
| 28:28:2.0.7.5.5.0.127.3 | 28 | 905 | § 905.3 Participation in the NFF Program. | PART 905—NATIONAL FINGERPRINT FILE (NFF) PROGRAM QUALIFICATION REQUIREMENTS | Each NFF Program participant shall meet the standards set forth in the NFF Qualification Requirements as established by the Council and endorsed by the FBI's Criminal Justice Information Services Advisory Policy Board; however, such standards shall not interfere or conflict with the FBI's administra | ||
| 28:28:2.0.7.5.6.0.127.1 | 28 | 906 | § 906.1 Purpose and authority. | PART 906—OUTSOURCING OF NONCRIMINAL JUSTICE ADMINISTRATIVE FUNCTIONS | The purpose of this part 906 is to establish rules and procedures for third parties to perform noncriminal justice administrative functions involving access to Interstate Identification Index (III) information. The Compact Council is establishing this rule pursuant to the National Crime Prevention a | ||
| 28:28:2.0.7.5.6.0.127.2 | 28 | 906 | § 906.2 Third party handling of criminal history record information. | PART 906—OUTSOURCING OF NONCRIMINAL JUSTICE ADMINISTRATIVE FUNCTIONS | (a) Except as prohibited in paragraph (b) of this section, criminal history record information obtained from the III System for noncriminal justice purposes may be made available: (1) To a governmental agency pursuant to a contract or agreement under which the agency performs activities or function | ||
| 28:28:2.0.7.5.7.0.127.1 | 28 | 907 | § 907.1 Purpose and authority. | PART 907—COMPACT COUNCIL PROCEDURES FOR COMPLIANT CONDUCT AND RESPONSIBLE USE OF THE INTERSTATE IDENTIFICATION INDEX (III) SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES | Part 907 establishes policies and procedures to ensure that use of the III System for noncriminal justice purposes complies with the National Crime Prevention and Privacy Compact (Compact) and with rules, standards, and procedures established by the Compact Council regarding application and response | ||
| 28:28:2.0.7.5.7.0.127.2 | 28 | 907 | § 907.2 Applicability. | PART 907—COMPACT COUNCIL PROCEDURES FOR COMPLIANT CONDUCT AND RESPONSIBLE USE OF THE INTERSTATE IDENTIFICATION INDEX (III) SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES | This rule applies to III System access for noncriminal justice purposes as covered by the Compact, see 42 U.S.C. 14614 and 14616, and use of information obtained by means of the System for such purposes. The rule establishes procedures for ensuring that the FBI's and Compact Party States' criminal | ||
| 28:28:2.0.7.5.7.0.127.3 | 28 | 907 | § 907.3 Assessing compliance. | PART 907—COMPACT COUNCIL PROCEDURES FOR COMPLIANT CONDUCT AND RESPONSIBLE USE OF THE INTERSTATE IDENTIFICATION INDEX (III) SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES | (a) The FBI CJIS Division staff regularly conducts systematic compliance reviews of state repositories. These reviews may include, as necessary, reviews of III System user agencies, including governmental and nongovernmental noncriminal justice entities that submit fingerprints to the State reposito | ||
| 28:28:2.0.7.5.7.0.127.4 | 28 | 907 | § 907.4 Methodology for resolving noncompliance. | PART 907—COMPACT COUNCIL PROCEDURES FOR COMPLIANT CONDUCT AND RESPONSIBLE USE OF THE INTERSTATE IDENTIFICATION INDEX (III) SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES | (a) Subsequent to each compliance review that is not a first-time agency review, the final report shall be forwarded to the Compact Council Sanctions Committee (Sanctions Committee). The Sanctions Committee shall review the report and if it concludes that no violations occurred or no violations occu | ||
| 28:28:2.0.7.5.7.0.127.5 | 28 | 907 | § 907.5 Sanction adjudication. | PART 907—COMPACT COUNCIL PROCEDURES FOR COMPLIANT CONDUCT AND RESPONSIBLE USE OF THE INTERSTATE IDENTIFICATION INDEX (III) SYSTEM FOR NONCRIMINAL JUSTICE PURPOSES | (a) A Compact Officer of the FBI or a Party State or the chief administrator of the state repository in a Nonparty State may dispute a sanction under this Part by asking the Compact Council Chairman for an opportunity to address the Compact Council. (b) Unresolved disputes based on the Compact Coun | ||
| 28:28:2.0.8.5.1.2.127.1 | 28 | 1100 | § 1100.25 Definitions. | PART 1100—TRAFFICKING IN PERSONS | Subpart B—Victims of Severe Forms of Trafficking in Persons | In this subpart, the following definitions apply: Admission and Admitted mean, with respect to an alien, the lawful entry of the alien into the United States after inspection and authorization by an immigration officer (8 U.S.C. 1101). Alien means any person not a citizen or national of the Un | |
| 28:28:2.0.8.5.1.2.127.2 | 28 | 1100 | § 1100.27 Purpose and scope. | PART 1100—TRAFFICKING IN PERSONS | Subpart B—Victims of Severe Forms of Trafficking in Persons | (a) Under section 107(c) of the TVPA, both the Department of Justice (DOJ) and the Department of State (DOS) have been directed to promulgate regulations to implement the following: (1) Procedures for appropriate federal employees to ensure, to the extent practicable, that victims of severe forms o | |
| 28:28:2.0.8.5.1.2.127.3 | 28 | 1100 | § 1100.29 The roles and responsibilities of federal law enforcement, immigration, and Department of State officials under the Trafficking Victims Protection Act (TVPA). | PART 1100—TRAFFICKING IN PERSONS | Subpart B—Victims of Severe Forms of Trafficking in Persons | (a) Department of Justice officials. The various agencies, bureaus, boards, divisions, programs, and offices of the DOJ have most of the responsibilities assigned by section 107(c). The goals of section 107(c) are to identify victims of severe forms of trafficking in persons as early as possible i | |
| 28:28:2.0.8.5.1.2.127.4 | 28 | 1100 | § 1100.31 Procedures for protecting and providing services to victims of severe forms of trafficking in persons in federal custody. | PART 1100—TRAFFICKING IN PERSONS | Subpart B—Victims of Severe Forms of Trafficking in Persons | (a) While in federal custody, all victims of severe forms of trafficking in persons must be provided, to the extent practicable, the protections and services outlined in this section in accordance with their status as victims of severe forms of trafficking in persons. Under 42 U.S.C. 10607(a), each | |
| 28:28:2.0.8.5.1.2.127.5 | 28 | 1100 | § 1100.33 Access to information and translation services for victims of severe forms of trafficking in persons. | PART 1100—TRAFFICKING IN PERSONS | Subpart B—Victims of Severe Forms of Trafficking in Persons | (a) All federal investigative, prosecutorial, and correctional agencies engaged in the detection, investigation, or prosecution of crime shall use their best efforts to see that victims of severe forms of trafficking in persons are accorded all rights under federal victims' rights legislation. In ca | |
| 28:28:2.0.8.5.1.2.127.6 | 28 | 1100 | § 1100.35 Authority to permit continued presence in the United States for victims of severe forms of trafficking in persons. | PART 1100—TRAFFICKING IN PERSONS | Subpart B—Victims of Severe Forms of Trafficking in Persons | (a) Federal law enforcement officials who encounter alien victims of severe forms of trafficking in persons who are potential witnesses to that trafficking may request that the Immigration and Naturalization Service (INS) grant the continued presence of such aliens in the United States. All law enfo | |
| 28:28:2.0.8.5.1.2.127.7 | 28 | 1100 | § 1100.37 Requirements to train appropriate personnel in identifying and protecting victims of severe forms of trafficking in persons. | PART 1100—TRAFFICKING IN PERSONS | Subpart B—Victims of Severe Forms of Trafficking in Persons | (a) The TVPA requires that appropriate DOJ and DOS personnel be trained in identifying victims of severe forms of trafficking in persons and providing for the protection of such victims. These federal personnel will be trained to recognize victims and provide services and protections, as appropriate | |
| 38:38:2.0.2.1.1.0.364.1 | 38 | 200 | § 200.1 Purpose. | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | These regulations set out AFRH environmental policy and provide direction for carrying out the procedural requirements of the National Environmental Policy Act (NEPA) and related legal authorities. | ||
| 38:38:2.0.2.1.1.0.364.2 | 38 | 200 | § 200.2 Background. | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | (a) The NEPA and the Council on Environmental Quality regulations implementing the procedural requirements of NEPA (40 CFR 1500 through 1508, hereinafter, the CEQ regulations) require that each Federal agency consider the impact of its actions on the human environment and prescribe procedures to be | ||
| 38:38:2.0.2.1.1.0.364.3 | 38 | 200 | § 200.3 Responsibilities. | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | (a) The COO is the AFRH NEPA official responsible for compliance with NEPA for AFRH actions. The COO also provides the AFRH's views on other agencies' environmental impact statements (EIS). (b) The Master Planner is the point of contact for information on: AFRH NEPA documents; NEPA oversight activi | ||
| 38:38:2.0.2.1.1.0.364.4 | 38 | 200 | § 200.4 Implementation of NEPA and related authorities. | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | (a) Classification of AFRH actions. (1) All AFRH proposed actions typically fall into one of the following three classes, in terms of requirements for review under NEPA: Categorical exclusions, environmental assessments, and environmental impact statements. (2) The Master Planner, is responsible | ||
| 38:38:2.0.2.1.1.0.364.5 | 38 | 200 | § 200.5 Coordination with other authorities. | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | (a) To the maximum extent feasible, NEPA review shall be coordinated with review of proposed actions under other environmental legal authorities, including but not limited to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); the National Historic Preservation Act (N | ||
| 38:38:2.0.2.1.1.0.364.6 | 38 | 200 | § 200.6 Public involvement. | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | (a) As part of its system for NEPA compliance, the COO and the Master Planner shall provide for levels and kinds of public involvement appropriate to the proposed action and its likely effects. (b) Where a related authority provides specific procedures for public involvement, the responsible AFRH o | ||
| 38:38:2.0.2.1.1.0.364.7 | 38 | 200 | § 200.7 Cooperating agencies. | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | (a) Federal agencies with jurisdiction by law will be invited to serve as cooperating agencies and Federal agencies with special expertise may be invited to serve as cooperating agencies in the conduct of NEPA review of an AFRH proposed action. (b) The responsible AFRH official will invite other Tr | ||
| 38:38:2.0.2.1.1.0.364.8 | 38 | 200 | § 200.8 AFRH participation in NEPA compliance by other agencies. | PART 200—COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT | (a) AFRH may participate in the NEPA process as a cooperating agency for another lead agency's project, or as a commenter/reviewer of another agency's NEPA document. AFRH may also participate in environmental studies carried out by non-Federal parties (for example, a local government conducting stud | ||
| 49:49:6.1.1.2.2.1.1.1 | 49 | 450 | § 450.1 Purpose. | PART 450—GENERAL | Subpart A—General Provisions | This subchapter establishes requirements and procedures for safety approval and periodic examination of cargo containers used in international transport, as defined in the International Safe Container Act. | |
| 49:49:6.1.1.2.2.1.1.2 | 49 | 450 | § 450.3 Definitions. | PART 450—GENERAL | Subpart A—General Provisions | (a) In this subchapter: (1) Approval Authority means a delegate of the Commandant authorized to approve containers within the terms of the convention, the International Safe Container Act and this subchapter. (2) Container means an article of transport equipment: (i) Of a permanent character a | |
| 49:49:6.1.1.2.2.1.1.3 | 49 | 450 | § 450.5 General requirements and applicability. | PART 450—GENERAL | Subpart A—General Provisions | (a) Every owner of a new or existing container used or offered for movement in international transport shall have the container approved in accordance with the procedures established by the Administration of any contracting party to the convention, except that existing containers need not be approve | |
| 49:49:6.1.1.2.2.1.1.4 | 49 | 450 | § 450.7 Marking. | PART 450—GENERAL | Subpart A—General Provisions | (a) On each container that construction begins on or after January 1, 1984, all maximum gross weight markings on the container must be consistent with the maximum gross weight information on the safety approval plate. (b) On each container that construction begins before January 1, 1984, all maximu | |
| 49:49:6.1.1.2.2.2.1.1 | 49 | 450 | § 450.11 Application for delegation of authority. | PART 450—GENERAL | Subpart B—Procedure for Delegation to Approval Authorities | (a) Any person or organization seeking delegation of authority to act as an Approval Authority may apply to the Commandant (CG-OES), Attn: Office of Operating and Environmental Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509. Each application | |
| 49:49:6.1.1.2.2.2.1.2 | 49 | 450 | § 450.12 Criteria for selection of Approval Authorities. | PART 450—GENERAL | Subpart B—Procedure for Delegation to Approval Authorities | (a) The Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard selects persons or organizations in accordance with the following criteria: (1) The person or organization is independent of manufacturers and owners in that: (i) It has sufficient breadth of interest or acti | |
| 49:49:6.1.1.2.2.2.1.3 | 49 | 450 | § 450.13 Granting of delegation. | PART 450—GENERAL | Subpart B—Procedure for Delegation to Approval Authorities | (a) The Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard acts on applications for delegation within 60 days of receipt. (b) If an applicant for delegation does not provide sufficient information with regard to all the criteria for delegation, the Chief, Office of Op | |
| 49:49:6.1.1.2.2.2.1.4 | 49 | 450 | § 450.14 Conditions of delegation. | PART 450—GENERAL | Subpart B—Procedure for Delegation to Approval Authorities | (a) The following conditions are part of every delegation: (1) The Approval Authority shall use only testing equipment that it has determined by inspection to be suitable for the purpose. (2) All approval numbers issued by the Approval Authority must contain the identification code, assigned to th | |
| 49:49:6.1.1.2.2.2.1.5 | 49 | 450 | § 450.15 Termination of delegation. | PART 450—GENERAL | Subpart B—Procedure for Delegation to Approval Authorities | (a) An Approval Authority may voluntarily terminate its delegation by giving written notice of its intent to the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard. This notice must contain the date on which the termination is to be effective. | |
| 49:49:6.1.1.2.2.2.1.6 | 49 | 450 | § 450.16 Withdrawal of delegation. | PART 450—GENERAL | Subpart B—Procedure for Delegation to Approval Authorities | (a) The Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard withdraws a delegation if: (1) It is determined that the application for delegation contained a material misrepresentation. (2) An Approval Authority fails to comply with a condition of delegation. (3) An App | |
| 49:49:6.1.1.2.3.1.1.1 | 49 | 451 | § 451.1 Application for approval. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart A—Approval of Existing Containers | (a) Any owner of an existing container may apply for approval to the Commandant (CG-OES), Attn: Office of Operating and Environmental Standards, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509 or to any Approval Authority. (b) Each application must incl | |
| 49:49:6.1.1.2.3.1.1.2 | 49 | 451 | § 451.3 Action by Approval Authority. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart A—Approval of Existing Containers | (a) The Approval Authority (or the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard, if the application was submitted to the Coast Guard) issues to the owner a notice of approval or notifies the owner in writing that approval is denied, setting forth the deficiencies | |
| 49:49:6.1.1.2.3.1.1.3 | 49 | 451 | § 451.5 Resubmission or appeal. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart A—Approval of Existing Containers | (a) Upon receipt of a denial of approval for certain containers, an owner may correct the noted deficiencies and resubmit the application without prejudice. (b) An applicant aggrieved by a decision of an approval authority may obtain review of the decision by the Chief, Office of Operating and Envi | |
| 49:49:6.1.1.2.3.1.1.4 | 49 | 451 | § 451.7 Alternative approval of existing containers. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart A—Approval of Existing Containers | (a) Existing containers that do not qualify for approval under this subpart may be presented for approval under the provisions of subpart B of this part. For such containers, the requirements of subpart B of this part, relating to the end and sidewall strength tests, do not apply. Upon showing that | |
| 49:49:6.1.1.2.3.2.1.1 | 49 | 451 | § 451.11 Application for approval-general. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart B—Approval of New Containers | (a) An owner of a new container, or a manufacturer acting on behalf of an owner, may apply for approval to any approval authority. | |
| 49:49:6.1.1.2.3.2.1.2 | 49 | 451 | § 451.12 Application for approval by design type. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart B—Approval of New Containers | (a) For approval of new containers by design type, each application must include the following: (1) Engineering drawings and plans showing platform, end framing, welds and hardware, connections of cross-members, top and bottom rails, roof bows, detailed subassemblies of major structural components | |
| 49:49:6.1.1.2.3.2.1.3 | 49 | 451 | § 451.13 Action by approval authority-approval by design type. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart B—Approval of New Containers | (a) The approval authority arranges with the manufacturer, with notification to the owner, to witness the prototype tests required by the convention, and to examine any number of containers that the approval authority considers appropriate. Upon witnessing successful completion of prototype tests an | |
| 49:49:6.1.1.2.3.2.1.4 | 49 | 451 | § 451.14 Alternative approval of new containers by design type. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart B—Approval of New Containers | (a) New containers manufactured before June 16, 1978 without being approved under the preceding section may be approved by submission to an approval authority of an application corresponding to that required under § 451.1(b) for existing containers. All new containers so approved must have safety ap | |
| 49:49:6.1.1.2.3.2.1.5 | 49 | 451 | § 451.15 Application for individual approval. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart B—Approval of New Containers | (a) For approval of new containers by individual approval, each application must include the following: (1) The manufacturer's identification number. (2) The identification code of the owner, lessee, or bailee responsible for maintenance of the container. | |
| 49:49:6.1.1.2.3.2.1.6 | 49 | 451 | § 451.16 Action by approval authority-individual approval. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart B—Approval of New Containers | (a) The approval authority arranges with the manufacturer or owner to witness testing in accordance with Annex II to the convention. Upon witnessing successful completion of the tests, the approval authority issues to the owner a notice of approval that authorizes the attachment of a safety approval | |
| 49:49:6.1.1.2.3.2.1.7 | 49 | 451 | § 451.18 Review of denials of approval. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart B—Approval of New Containers | (a) An applicant aggrieved by a decision of an approval authority may obtain review of the decision by the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard. The decision of the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard is a fin | |
| 49:49:6.1.1.2.3.3.1.1 | 49 | 451 | § 451.21 Safety approval plate required. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart C—Safety Approval Plate | (a) The safety approval plate must be supplied by the owner or manufacturer. | |
| 49:49:6.1.1.2.3.3.1.2 | 49 | 451 | § 451.23 Plate specifications. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart C—Safety Approval Plate | (a) The safety approval plate must be of the size and in the format specified in the appendix to Annex I to the convention. (b) The safety approval plate must be: (1) Designed to withstand and remain legible after a 15 minute exposure to a medium intensity fire producing a temperature of 1,000 °F | |
| 49:49:6.1.1.2.3.3.1.3 | 49 | 451 | § 451.25 Required information. | PART 451—TESTING AND APPROVAL OF CONTAINERS | Subpart C—Safety Approval Plate | (a) The safety approval number appearing on line 1 of the safety approval plate must be of the form “USA/(approval number, which includes the approval authority identification code)/(year in which approval was granted).” (b) The date upon which approval was granted must be the same for all containe | |
| 49:49:6.1.1.2.4.0.1.1 | 49 | 452 | § 452.1 Periodic examination required. | PART 452—EXAMINATION OF CONTAINERS | (a) Except as provided for in § 452.7, each owner of an approved container subject to this part shall examine the container or have it examined in accordance with the procedures prescribed in § 452.3 at intervals of not more than 30 months, except that for containers approved as new containers, the | ||
| 49:49:6.1.1.2.4.0.1.2 | 49 | 452 | § 452.3 Elements of periodic examinations. | PART 452—EXAMINATION OF CONTAINERS | (a) Periodic examinations required by § 452.1 must conform to the following minimum requirements: (1) Each examination must include a detailed visual inspection for defects such as cracks, failures, corrosion, missing or deteriorated fasteners, and any other safety related deficiency or damage whic | ||
| 49:49:6.1.1.2.4.0.1.3 | 49 | 452 | § 452.5 Examinations made in conjunction with other inspections. | PART 452—EXAMINATION OF CONTAINERS | (a) Periodic examinations may be made in conjunction with or as part of routine change-of-custody inspections, or in any other manner convenient to the owner so long as the examinations conform to the requirements of § 452.3. | ||
| 49:49:6.1.1.2.4.0.1.4 | 49 | 452 | § 452.7 Continuous examination program. | PART 452—EXAMINATION OF CONTAINERS | (a) In lieu of a periodic examination under § 452.1, each owner of an approved container meeting § 450.5 may examine the container or have it examined using an approved continuous examination program. An owner must submit the continuous examination program for approval to the Commandant (CG-OES), At | ||
| 49:49:6.1.1.2.4.0.1.5 | 49 | 452 | § 452.9 Elements of a continuous examination program. | PART 452—EXAMINATION OF CONTAINERS | (a) Examinations required by § 452.7 must conform to the following minimum requirements: (1) A thorough examination that must include a detailed visual inspection for defects such as cracks, failures, corrosion, missing or deteriorated fasteners, and any other safety related deficiency or damage th | ||
| 49:49:6.1.1.2.5.0.1.1 | 49 | 453 | § 453.1 Unsafe and noncomplying containers subject to detention or control. | PART 453—CONTROL AND ENFORCEMENT | (a) Any container used in or offered for movement in international transport which does not have a valid safety approval plate attached to it is subject to detention or other control by a District Commander or Captain of the Port. However, upon receipt of evidence that a container which does not hav | ||
| 49:49:6.1.1.2.5.0.1.2 | 49 | 453 | § 453.3 Detention orders and other orders. | PART 453—CONTROL AND ENFORCEMENT | (a) The terms of any detention order or other order issued under § 453.1, to the maximum extent practicable, make provisions to avoid loss or damage to cargo. (b) Written notice of any detention order or other order issued under § 453.1 is given immediately to the terminal operator, stevedore, or o | ||
| 49:49:6.1.1.2.5.0.1.3 | 49 | 453 | § 453.5 Termination of detention orders and other orders. | PART 453—CONTROL AND ENFORCEMENT | (a) When a container, which is the subject of a detention order or other order, is restored to a safe condition or otherwise brought into compliance, it must be examined in accordance with § 452.3 and a new re-examination date marked on the container in accordance with § 452.1(b) of this subchapter. | ||
| 49:49:6.1.1.2.5.0.1.4 | 49 | 453 | § 453.7 Appeal provisions. | PART 453—CONTROL AND ENFORCEMENT | (a) The owner, his agent, or the custodian of a container subject to a detention order or other order, may petition the Chief, Office of Operating and Environmental Standards (CG-OES), U.S. Coast Guard to review that order. (b) The Chief, Office of Operating and Environmental Standards (CG-OES), U. | ||
| 49:49:7.1.3.1.1.0.1.1 | 49 | 700 | § 700.1 Purpose. | PART 700—ORGANIZATION, FUNCTIONING AND AVAILABLE INFORMATION | This part describes the organization and functioning of Amtrak and the availability to the public of documents and information concerning its policies, procedures and activities. | ||
| 49:49:7.1.3.1.1.0.1.2 | 49 | 700 | § 700.2 Organization and functioning of Amtrak. | PART 700—ORGANIZATION, FUNCTIONING AND AVAILABLE INFORMATION | The creation of the National Railroad Passenger Corporation (“Amtrak”) was authorized by the Rail Passenger Service Act, as amended, 84 Stat. 1327, 45 U.S.C. 541 et seq. (“the Act”). The Act requires that Amtrak be operated and managed as a for-profit corporation, that it be incorporated under the | ||
| 49:49:7.1.3.1.1.0.1.3 | 49 | 700 | § 700.3 Availability of documents, assistance, and information. | PART 700—ORGANIZATION, FUNCTIONING AND AVAILABLE INFORMATION | (a) A member of the public having need for assistance or information concerning any of the matters described in § 700.2 should address his or her concerns in a letter or other written communication directed to the appropriate vice president or to the Director of Corporate Communications. Amtrak will | ||
| 49:49:7.1.3.1.2.0.1.1 | 49 | 701 | § 701.1 General provisions. | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | This part contains the rules that the National Railroad Passenger Corporation (“Amtrak”) follows in processing requests for records under the Freedom of Information Act (FOIA), Title 5 of the United States Code, section 552. Information routinely provided to the public ( i.e., train timetables, pre | ||
| 49:49:7.1.3.1.2.0.1.10 | 49 | 701 | § 701.10 Appeals. | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | (a) Appeals of adverse determinations. (1) The requesting party may appeal: (i) A decision to withhold any requested record in whole or in part; (ii) A determination that a requested record does not exist or cannot be located; (iii) A denial of a request for expedited treatment; or (iv) Any di | ||
| 49:49:7.1.3.1.2.0.1.11 | 49 | 701 | § 701.11 Fees. | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | (a) Amtrak shall charge for processing requests under the FOIA in accordance with this section. A fee of $50 per hour shall be charged for search and review. For information concerning other processing fees, refer to paragraph (e) of this section. Amtrak shall collect all applicable fees before rele | ||
| 49:49:7.1.3.1.2.0.1.12 | 49 | 701 | § 701.12 Other rights and services. | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | Nothing in this part shall be construed as entitling any person, as of right, to any service or the disclosure of any record to which such person is not entitled under the FOIA. | ||
| 49:49:7.1.3.1.2.0.1.2 | 49 | 701 | § 701.2 Definitions. | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | Unless the context requires otherwise in this part, masculine pronouns include the feminine gender and “includes” means “includes but is not limited to.” Amtrak or Corporation means the National Railroad Passenger Corporation. Appeal means a request submitted to the President of Amtrak or design | ||
| 49:49:7.1.3.1.2.0.1.3 | 49 | 701 | § 701.3 Policy. | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | (a) Amtrak will make records of the Corporation available to the public to the greatest practicable extent in keeping with the spirit of the law. Therefore, records of the Corporation are available electronically, which can be accessed at the Amtrak FOIA Web site http://www.amtrak.com/foia and ww | ||
| 49:49:7.1.3.1.2.0.1.4 | 49 | 701 | § 701.4 Amtrak public information. | Part 701—AMTRAK FREEDOM OF INFORMATION ACT PROGRAM | (a) Amtrak FOIA Web site. Amtrak will make available electronically records created by the Corporation that are required under the FOIA to be made available for public inspection which can be accessed at the Amtrak FOIA Web site http://www.amtrak.com/foia and www.amtrak.com. (b) Frequently re |