CFR's (Sub Chapter T) Flashcards
Which federal act, passed in 1946, governs the way in which administrative agencies of the United States federal government may propose and establish regulations
The federal Administrative Procedure Act (APA) of 1946
both independent agencies and executive department agencies, and their subdivisions.
Administrative agencies are
unique governmental bodies, exercising powers characteristic of all three branches of the United States federal government: judicial, legislative and executive.
the creation and function of federal agencies can cause
separation of powers issues under the United States Constitution. The APA creates a framework to help with this
The App requires that
agencies keep the public informed of their organization, procedures and rules and that the public be allow to participate in the rule making process
Rules and regulations issued by federal administrative agencies are published chronologically (by date of issuance)
in the Federal Register.
Rules and regulations are then organized by topic (subject matter) in a separate publication called the Code of Federal Regulations.
Each daily issue of the Federal Register is organized into four categories:
Presidential Documents (executive orders and proclamations)
Rules and Regulations (policy statements and interpretations of rules by federal agencies)
Proposed Rules (petitions by agencies for assistance in rulemaking and other proposals)
Notices (scheduled hearings and meetings open to the public, grant applications, and
administrative orders)
Notice of Proposed Rulemaking (or “NPRM”) typically
requests public comment on a proposed rule, and provides notice of any public meetings where a proposed rule will be discussed. The public comments are considered by the issuing government agency, and the text of a final rule is published in the Federal Register. The final rules promulgated by a federal agency and published in the Federal Register are ultimately reorganized by topic or subject matter ancodiged in the Code of Federal Regulations
the Code of Federal Regulations (CFR) is
n organized arrangement of the general and permanent rules and regulations (called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. The CFR is published by the Office of the Federal Register, an agency of the National Archives and Records Administration.
the Coast Guard is designated by Congress to pass rules
that promote safety of navigation,” giving them broad authority to create such rules in the absence of existing specific laws. Such rules, including any Congressional or Agency-created provisions, all go into the CFR.
1, In the regulations that apply to small passenger vessels an “open boat” is a vessel _________ .
A. that is used for charter fishing or tours and is open to the public.
B. on which gambling and consumption of alcoholic beverages is permitted.
C. that is docked and open for visitors.
D. that is not protected from entry of water by means of a complete weathertight deck.
D. that is not protected from entry of water by means of a complete weathertight deck.
2, In the small passenger vessel regulations a coastwise route is defined as one that is __________.
A. not more than 50 statute miles from shore in the Gulf of Mexico.
B. on ocean waters more than 200 nautical miles from shore in the Gulf of Alaska.
C. not more than 20 statute miles from the nearest safe harbor in the Pacific Ocean.
D. not more than 20 nautical miles offshore in the any ocean.
D. not more than 20 nautical miles offshore in the any ocean
3, Unless otherwise stated, the term "approved" applied to a vessel's equipment, means approved by the \_\_\_\_\_\_\_\_\_\_\_\_\_. (small passenger vessel regulations) A. American Bureau of Shipping. B. Congress of the United States. C. Commandant of the Coast Guard. D. Board of Fire Underwriters.
C. Commandant of the Coast Guard.
4, A Certificate of Inspection issued to a small passenger vessel describes ____________.
A. the minimum fire extinguishing equipment, lifejackets, survival and rescue craft she must carry.
B. the name of the managing operator.
C. any special conditions or restrictions on her operation.
D. All the above.
D. All the above.
5, How do you know how many passengers you may carry? (small passenger vessel regulations)
A. As many as possible.
B. The amount on the Certificate of Inspection.
C. Use your own judgement.
D. No more than 40 passengers.
B. The amount on the Certificate of Inspection.