Page images
PDF
EPUB

for each service. Thus, tariffs for wharf- grantee, any officer, agent, or employee age, handling, demurrage, storage, extra thereof responsible for or permitting any services, manipulation, loading and un- such violation shall be subject to a fine loading, high piling, rental of equipment, of not more than $1,000. Each day durminimum charges, etc., shall each show ing which a violation continues shall the application of the tariff, space and constitute a separate offense. labor rates, commodity and description (Sec. 19, 48 Stat. 1003; 19 U.S.O. 818) necessary to apply the particular tariff,

$ 400.1201 Revocation of grant. modifications of the tariff, and such other information necessary for the de- In the event of repeated willful violatermination of rates and charges for a tions by the grantee of any of the proparticular service.

visions of the act, the Board may revoke (Par. 6, Instr., Feb. 7, 1938]

the grant after 4 months' notice to the

grantee and after affording it an oppor$ 400.1013 Additional instructions. tunity to be heard. The testimony taken

Duplication should be avoided. A com- before the Board shall be reduced to modity once named within the schedule writing and filed in the records of the with all rates, charges, rules and regu- Board, together with the decision lations applying in connection therewith, reached thereon. will be considered as the effective tariff (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. in force until subsequently revised in the

81r) form provided by means of revised pages. $ 400.1202 Procedure for revocation.

The Foreign-Trade Zones Board shall be furnished with the original and seven

In the conduct of any proceeding for

the revocation of a grant the Board may copies of all schedules. Changes or additions in the form of

compel the attendance of witnesses, the revised pages shall be submitted to the

giving of testimony, and the production Foreign-Trade Zones Board within 3 of documentary evidence; and for such days after such changes have been made.

purposes may invoke the aid of the disAll supplementary information con

trict courts of the United States. cerning the quotation of rates and (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C.

81r) charges for commodities not within the schedule shall be furnished the Foreign- $ 400.1203 Appeal from revocation Trade Zones Board within 10 days after

order. such quotations are made. This is in

An order issued by the Board revokaddition to the construction of the sched

ing the grant shall be final and concluule and should not be confused there

sive, unless within 90 days after its serywith.

ice the grantee appeals to the circuit All items carried in the schedule shall

court of appeals for the circuit in which be numbered in consecutive sequence.

the zone is located by filing with the clerk (Par. 7, Instr., Feb. 7, 1938]

of said court a written petition praying USE OF GOVERNMENT PROPERTY

that the order of the Board be set aside.

Such order shall be stayed pending the $ 400.1100 Use of Government property. disposition of appellate proceedings by If the title to or right of user of

the court. The clerk of the court in any of the property to be included in a which such a petition is filed shall immezone is in the United States, an agree- diately cause a copy thereof to be delivment to use such property for zone pur

ered to the Board, and it shall forthwith poses may be entered into between the prepare, certify, and file in the court a grantee and the department or oficer of full and accurate transcript of the record the United States having control of the in the proceedings held before it, under same, under such conditions, approved

sections 18(c) of the act (48 Stat. 1002; by the Board and such department or

18 U.S.C. 81r (c)), the charges, the eviofficer as may be agreed upon.

dence, and the order revoking the grant.

The testimony and evidence taken or subVIOLATIONS OF PROVISIONS OF ACT OR

mitted before the Board, duly certified REGULATIONS

and filed as a part of the record, shall be $ 400.1200 Fine imposed for violation

considered by the court as the evidence of act or regulations.

in the case. In case of a violation of the act or (Sec. 18, 48 Stat. 1002, as amended; 19 U.S.C. of any regulation under the act by the 81r)

66-032-67-29

RULES OF PROCEDURE AND PRACTICE

(c) Amendments to regulations or

rules. $ 400.1300 Headquarters.

(d) Applications for grants or amendThe headquarters of the Board shall

ments to grants.

conbe the Department of Commerce, Wash

(e) Consideration of matters ington, D.C.

nected with operation, maintenance, or

administration of zones. § 400.1301 Organization of the Board.

(f) Miscellaneous business. The Secretary, as Chairman of the (g) Adjournment. Board, shall designate an Executive Sec

§ 400.1305 Authorization for hearings. retary of the Foreign-Trade Zones Board. The duties of the Executive

The Board on its own motion, or on Secretary shall be to arrange meetings of

application, may authorize hearings or the Board, to keep accurate minutes of

rehearings. Such hearings will ordithe Board's deliberations, to direct the

narily be held before the Committee of execution of the orders of the Board, to

Alternates. The Examiners Committee initiate recommendations to the Board

is authorized to hold hearings as profor uniform procedures and practices in

vided in $ 400.1309. the several zones, to make periodic in- § 400.1306 Orders of Board. spections of the zones, and to perform

Orders of the Board shall be made of such other duties as are required by the Secretary of Commerce as Executive Of

record, numbered serially, and published ficer of the Board, and as the Board may

from time to time for the information direct. The Executive Secretary is au

and guidance of all concerned. thorized to appoint staff members, in- $ 400.1307 Applications. cluding an Assistant Executive Secretary

Upon receipt of an application, the who will assist him generally and act for

Executive Secretary of the Foreignhim in his absence. All records of the

Trade Zones Board will designate an exBoard will be maintained in the office of the Executive Secretary.

aminer who will investigate the applica

tion and accompanying exhibits for com[Order 42, 21 F. R. 6159, Aug. 17, 1956]

pliance with the provisions of $$ 400.600 $ 400.1302 Committee of Alternates. to 400.608. Each member of the Board shall desig

[Order 47, 23 F.R. 5417, July 17, 1958] nate an alternate to serve on a Commit- $ 400.1308 Examiners Committee. tee of Alternates. The alternate of the

If the application and accompanying chairman of the Board shall be chairman of the committee. The committee shall

exhibits are in order, the Executive Sec

retary of the Foreign-Trade Zones Board review and prepare all matters for presentation to the Board, shall hold such

will appoint an Examiners Committee hearings and rehearings as may be di

and designate a chairman. This com

mittee will consist of the examiner aprected by the chairman of the Board, and shall perform all other duties designated

pointed by the Executive Secretary who

has examined the application as proby the Board except such as are specifically imposed by law on the Board. The

vided in $ 400.1307, the Collector of Cuscommittee shall meet at the call of its

toms and the District Engineer in whose chairman.

districts the proposed zone is to be lo

cated. The committee will then make & $ 400.1303 Meetings of the Board. thorough investigation of the application

(a) Two members of the Board shall and report its findings to the Board. be necessary for a quorum for the trans- [Order 47, 23 F.R. 5417, July 17, 1958] action of business.

§ 400.1309 Hearings before Examiners (b) Meetings of the Board will be held

Committee. on call of the chairman and executive officer.

In conducting its investigation the Ex

aminers Committee is authorized to hold § 400.1304 Order of business.

hearings and take evidence as provided The order of business at Board meet

in $ $ 400.1316-400.1321. ings shall be as follows:

$ 400.1310 Submission of further evi(a) Reading of minutes of preceding

dence. meeting.

Should the report of the Examiners (b) Report of secretary of Board. Committee be unfavorable, notice will

be sent to the applicant, who will be proceedings before the Board to present permitted to apply for permission of the documentary or other written or oral eviBoard to present further evidence in dence bearing upon any application, desupport of his application either orally, claration, protest, petition, or complaint in writing, or both.

made to the Board. The Board may or

der that hearings be held for the pur8 400.1311 Rehearing on application.

pose of taking testimony or receiving Should the request of the applicant to records not under the control of a party submit further evidence be granted, the

to proceedings before the Board, or for applicant will be notified and, if a hear- the purpose of taking testimony or proing is desired, a date fixed therefor before ducing records in connection with the esthe Committee of Alternates.

tablishment, operation, or maintenance 8 400.1312 Action of Board on appli

of a zone, or with the conduct of any incation.

vestigations appropriate to the adminis

tration of the act. After the Board's consideration of the

(Redesignated by Order 29, 17 F. R. 5317, application is completed, unless further

June 11, 1952) information is required by the Board, the grant will be made or denied.

$ 400.1316 Object of hearing. $ 400.1313 Payment for inspection.

The object of such hearing is to inform

interested parties concerning the matter The Board shall specify, and applicants at issue and to give them an opportunity and grantees shall pay, the cost of inspec- to express their views frankly, fully, and tion of construction. Prior to the issu

publicly relative thereto. ance of a grant, the applicant shall de- (Redesignated by Order 29, 17 F. R. 5317, posit promptly with the district engineer June 11, 1952) & certified check in an amount specified as prescribed above, covering such cost.

§ 400.1317 Notice of hearing. Certified checks in amounts specified by

When the Board of Examiners Comthe Board will also be required to be de- mittee of the Board deems it advisable to posited promptly by grantees with the hold a local hearing, notice of such heardistrict engineer covering costs of subse- ing should be sent to all interested parties quent inspections of major alterations. in time for them to be present in person In the event the amount originally speci. or to be represented at the hearing, and a fied is insuficient to pay for the cost of copy of the notice should be furnished inspection, the Board shall specify the local newspapers. The notice should additional amount or amounts required, state the subject to be considered and which shall be paid promptly by the ap- when and where the hearing will be held, plicant or grantee, as the case may be. specifically designating the date, hour, Such funds shall be carried in a special and place. For the accuracy of the recdeposit account by the district engineer ord, all important facts and arguments in accordance with existing law and reg

should be submitted in writing. As soon ulations. If certified checks, which have as the date and place for a hearing have been deposited, are in amounts in excess been designated, the official or Examinof the cost of supervision of construction, ers' Committee should immediately adthe district engineer shall refund such vise the Board direct so that it may have excess.

available full information on the pro

ceedings. $ 400.1314 Construction of zone.

(Redesignated by Order 29, 17 F.R. 5317, Construction will be under the super- June 11, 1952) vision of the Secretary of the Army and

$ 400.1318 Procedure at hearing. Chief of Engineers; such supervision

The following general procedure will shall be exercised by the District Engi

govern the conduct of hearings: neer who shall enforce compliance with

(a) Minutes of the proceedings will be the terms of the grant.

made, and when deemed advisable, will 1 Order 17, 14 F.R. 3671, July 2, 1949)

be taken stenographically. $ 400.1315 Evidence.

(b) A complete copy of the notice and

a record of the names and addresses of In its discretion, and upon its own

all parties on whom served and the manmotion or upon the motion of any inter- ner of service (whether by mail, teleested party, the Board may give an op- graph, telephone, etc.), should be reportunity to, or require, any party to any tained and made a part of the record.

(c) The presiding officer will impress upon all interested parties and will also specifically state at the commencement of the proceedings: first, the special purpose of the hearing; second, that it is desired to have a frank and full expression of the views of all interested parties and as complete a statement as possible of all information bearing upon the question at issue; third, that the Board will give full weight to all evidence and arguments presented at the hearing, and that all pertinent material which the parties wish considered should be brought out at the hearing; fourth, that later ex parte evidence and arguments are not desired by the Board unless it is clearly shown that the matter is new and material and that there are good reasons why it could not be presented at the hearing.

(d) The presiding officer should read aloud such parts of the act and of the rules and regulations adopted by the Board as bear on the matter at hand. He should also read such other important papers bearing on the case, or extracts therefrom, as may be necessary for a full understanding of the status of the case and the data before the Board.

(e) The names and addresses of all parties of interest present or represented at the hearing will be recorded.

(f) The presiding oficer will then invite and conduct a thorough and candid discussion of the case in all its bearings. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952] 8 400.1319 Adjournment of hearing.

If it is alleged by any person that more evidence exists which could not be properly prepared in time for the hearing, the presiding officer will, at his discretion, either adjourn the hearing for a

reasonable period, or may delay transmitting his report until after the receipt of such evidence and the expiration of a reasonable period for its examination by other interested persons. In such cases, definite statements as to the amount of time desired should be required. If no further hearing is held, it should be required that any additional evidence be submitted in typewritten or printed form, and the party submitting it should be required to serve a copy thereof on such other parties in interest as appeared at the hearing and to furnish proof of such service for the record. [Redesignated by Order 29, 17 F. R. 5317, June 11, 1952] $ 400.1320 Record of proceedings.

The record of the proceedings should be made in quadruplicate, 3 copies for the Board and 1 for the office of the presiding officer. The record should be accompanied by a copy of the notice and list of those present, briefs or exhibits submitted in the case, and the recommendations of the officer or committee conducting the hearing on the points raised at the hearing. All of the above papers should be properly marked for reference and when possible bound together and submitted as a single exhibit. (Redesignated by Order 29, 17 F. R. 5317, June 11, 1952) $ 400.1321 Additional rules of practice.

Additional rules of procedure and practice in formal proceedings under the act, and of procedure in formal and informal proceedings, in elaboration or extension of those set forth herein, may be issued from time to time. (Redesignated by Order 29, 17 F. R. 6317, June 11, 1952)

CHAPTER V-WEATHER BUREAU, ENVIRONMENTAL

SCIENCE SERVICES ADMINISTRATION,

DEPARTMENT OF COMMERCE

[blocks in formation]

PART 501-RULES FOR GUIDANCE OF (b) Applications should be made by THE PUBLIC

letter addressed to the Chief, U. S.

Weather Bureau, Washington 25, D. C. Sec. 601.1 Authority for receiving-only tele- (22 F. R. 3256, May 9, 1957) typewriter and facsimile extension

$ 501.2 Certified data for use in court. service connections on weather communications circuits.

Section 882 of the Revised Statutes 501.2 Certified data for use in court.

provides that authenticated copies of 501.3 Appearance in court of Weather

any books, records, papers, or other docBureau employees.

uments in any of the executive depart501.4 Time of release of weather information affecting crops.

ments shall be admitted in evidence in 601.5 Counterfeiting weather forecasts.

courts of law equally with the originals 501.6 Agreements for radio and television thereof. weather broadcasts.

All field stations and the Washington AUTHORITY: The provisions of this part 501

ofice are prepared to furnish applicants issued under sec. 3, 26 Stat. 653, as amended;

with duly certified copies of original or 15 U.S.C. 313. Additional authority is cited published weather records that are to text in parentheses.

necessary for legal purposes. SOURCE: The provisions of this part 501 $ 501.3 Appearance in court of Weather appear at 11 F.R. 177A-338, Sept. 11, 1946, Bureau employees. unless otherwise noted. Redesignated at 13

In all cases of private litigation where F.R. 6760, Nov. 19, 1948.

it is required that an employee interpret $ 501.1 Authority for receiving-only records or testify as an expert, it is necesteletypewriter and facsimile exten.

sary that he be duly subpoenaed to apsion service connections on weather

pear in court as an official of the Bureau. communications circuits.

As the Federal Government will be de(a) To protect current weather infor- prived of his services while so testifying, mation transmitted over Federal com- the employee will collect the authorized munications circuits against uses that witness fees and allowances for expenses would be detrimental to the national in- of travel and subsistence, all of which terests, it has been necessary to set up he is required to account for to the Bua formalized agreement procedure for reau. Arrangements should be made authority for individuals or organizations with the court to set a time for the apto be connected with these teletypewriter pearance of an employee that will not inand facsimile circuits.

terfere with important duties that would

« PreviousContinue »