Subpart 78.01 Application
Subpart 78.05 Notice to Mariners and Aids to Navigation
Subpart 78.07 Notice and Reporting of Casualty and Voyage Records
Subpart 78.10 Persons Allowed in Pilothouse and On Navigation Bridge
Subpart 78.12 Stability Information
Subpart 78.13 Station Bills
Subpart 78.15 Doors Closed At Sea
Subpart 78.16 Port Lights
Subpart 78.17 Tests, Drills, and Inspections
Subpart 78.19 Auto Pilot
Subpart 78.21 Maneuvering Characteristics
Subpart 78.23 Whistling
Subpart 78.27 Searchlights
Subpart 78.30 Lookouts, Pilothouse Watch, Patrolmen, and Watchmen
Subpart 78.33 Reports of Accidents, Repairs, and Unsafe Equipment
Subpart 78.35 Communication Between Deckhouses
Subpart 78.36 Work Vests
Subpart 78.37 Logbook Entries
Subpart 78.40 Vehicular Ferries
Subpart 78.45 Display of Plans
Subpart 78.47 Markings for Fire and Emergency Equipment, Etc.
Subpart 78.50 Markings On Vessels
Subpart 78.55 Carrying of Excess Steam
Subpart 78.57 Routing Instructions
Subpart 78.60 Compliance With Provisions of Certificate of Inspection
Subpart 78.65 Exhibition of Merchant Mariner Credential
Subpart 78.70 De-Energizing of Cargo Hold Lighting Circuits When Grain or Other Combustible Bulk Cargo Is Carried
Subpart 78.83 Operation of Vehicles in Enclosed Locations
Subpart 78.90 Pilot Boarding Operations
Subpart 78.95 Person in Charge of Transfer of Liquid Cargo in Bulk

Terms Used In 46 CFR Part 78 - Operations

  • Acquisition: means acquiring ADP equipment or services from commercial sources or from State or local government resources. See 45 CFR 95.605
  • Acquisition Checklist: means the standard Department checklist that States can submit to meet prior written approval requirements instead of submitting the actual Request for Proposal (RFP), contracts or contract amendments. See 45 CFR 95.605
  • ADP: means data processing performed by a system of electronic or electrical machines so interconnected and interacting as to minimize the need for human assistance or intervention. See 45 CFR 95.605
  • Allocation: means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. See 45 CFR 75.2
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistant Attorney General: means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. See 22 CFR 1005.103
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Audit finding: means deficiencies which the auditor is required by §75. See 45 CFR 75.2
  • Auditee: means any non-Federal entity that expends Federal awards which must be audited under subpart F-of this part. See 45 CFR 75.2
  • Auditor: means an auditor who is a public accountant, or a Federal, state, local government, or Indian Tribe audit organization, which meets the general standards specified for external auditors in generally accepted government auditing standards (GAGAS). See 45 CFR 75.2
  • Auxiliary aids: means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. See 22 CFR 1005.103
  • Base contract: means the initial contractual activity, including all option years, allowed during a defined unit of time, for example, 2 years. See 45 CFR 95.605
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Closeout: means the process by which the Federal awarding agency or pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and takes actions as described in §75. See 45 CFR 75.2
  • Cluster of programs: means a grouping of closely related programs that share common compliance requirements. See 45 CFR 75.2
  • Cognizant agency for audit: means the Federal agency designated to carry out the responsibilities described in §75. See 45 CFR 75.2
  • Cognizant agency for indirect costs: means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under this part on behalf of all Federal agencies. See 45 CFR 75.2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complete complaint: means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. See 22 CFR 1005.103
  • Compliance supplement: means appendix XI to part 75 (previously known as the Circular A-133 Compliance Supplement). See 45 CFR 75.2
  • Cooperative audit resolution: means the use of audit follow-up techniques which promote prompt corrective action by improving communication, fostering collaboration, promoting trust, and developing an understanding between the Federal agency and the non-Federal entity. See 45 CFR 75.2
  • Corrective action: means action taken by the auditee that:

    (1) Corrects identified deficiencies. See 45 CFR 75.2

  • Cost allocation plan: means central service cost allocation plan or public assistance cost allocation plan. See 45 CFR 75.2
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data processing: means the preparation of source media containing data or basic elements of information and the use of such source media according to precise rules or procedures to accomplish such operations as classifying, sorting, calculating, summarizing, recording and transmitting. See 45 CFR 95.605
  • Department: means the Department of Health and Human Service. See 45 CFR 95.605
  • Dependent: A person dependent for support upon another.
  • Development: means the definition of system requirements, detailing of system and program specifications, programming and testing. See 45 CFR 95.605
  • Disallowed costs: means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. See 45 CFR 75.2
  • Enhanced matching rate: means the higher than regular rate of FFP authorized by Title IV-D, IV-E, and XIX of the Social Security Act for acquisition of services and equipment that conform to specific requirements designed to improve administration of the Child Support Enforcement, Foster Care and Adoption Assistance, and Medicaid programs. See 45 CFR 95.605
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Expenditures: means charges made by a non-Federal entity to a project or program for which a Federal award was received. See 45 CFR 75.2
  • Facility: means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. See 22 CFR 1005.103
  • Feasibility study: means a preliminary study to determine whether it is sufficiently probable that effective and efficient use of ADP equipment or systems can be made to warrant a substantial investment of staff, time, and money being requested and whether the plan is capable of being accomplished successfully. See 45 CFR 95.605
  • Federal agency: means an "agency" as defined at 5 U. See 45 CFR 75.2
  • Federal awarding agency: means the Federal agency that provides a Federal award directly to a non-Federal entity. See 45 CFR 75.2
  • Federal program office: means the Federal program office within the Department that is authorized to approve requests for the acquisition of ADP equipment or ADP services. See 45 CFR 95.605
  • FFP: means Federal financial participation. See 45 CFR 95.605
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • General Systems Design: means a combination of narrative and graphic description of the generic architecture of a system as opposed to the detailed architecture of the system. See 45 CFR 95.605
  • Handicapped person: means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. See 22 CFR 1005.103
  • Hardware: means automatic equipment that accepts and stores data, performs calculations and other processing steps, and produces information. See 45 CFR 95.605
  • Has a record of such an impairment: means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities. See 22 CFR 1005.103
  • HHS awarding agency: means any organization component of HHS that is authorized to make and administer awards. See 45 CFR 75.2
  • Historic preservation programs: means programs conducted by the agency that have preservation of historic properties as a primary purpose. See 22 CFR 1005.103
  • Historic properties: means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body. See 22 CFR 1005.103
  • Implementation APD: means a recorded plan of action to request Federal Financial Participation (FFP) in the costs of designing, developing, and implementing the system. See 45 CFR 95.605
  • Indian tribe: means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U. See 45 CFR 75.2
  • Installation: means the integrated testing of programs and subsystems, system conversion, and turnover to operation status. See 45 CFR 95.605
  • Internal controls: means a process, implemented by a non-Federal entity, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:

    (1) Effectiveness and efficiency of operations. See 45 CFR 75.2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Loan: means a Federal loan or loan guarantee received or administered by a non-Federal entity, except as used in the definition of Program income. See 45 CFR 75.2
  • loan guarantee: means any Federal Government guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. See 45 CFR 75.2
  • Local government: means any unit of government within a state, including a:

    (1) County. See 45 CFR 75.2

  • Major life activities: includes functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. See 22 CFR 1005.103
  • Major program: means a Federal program determined by the auditor to be a major program in accordance with §75. See 45 CFR 75.2
  • Management decision: means the evaluation by the Federal awarding agency or pass-through entity of the audit findings and corrective action plan and the issuance of a written decision to the auditee as to what corrective action is necessary. See 45 CFR 75.2
  • Noncompetitive: means solicitation of a proposal from only one source, or after solicitation of a number of sources, negotiation with selected sources based on a finding that competition is inadequate. See 45 CFR 95.605
  • Nonprofit organization: means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:

    (1) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest. See 45 CFR 75.2

  • Operation: means the automated processing of data used in the administration of State plans for titles I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI(AABD), XIX, and XXI of the Social Security Act. See 45 CFR 95.605
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Oversight agency for audit: means the Federal awarding agency that provides the predominant amount of funding directly to a non-Federal entity not assigned a cognizant agency for audit. See 45 CFR 75.2
  • Pass-through entity: means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. See 45 CFR 75.2
  • Personal property: All property that is not real property.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Project: means a defined set of information technology related tasks, undertaken by the State to improve the efficiency, economy and effectiveness of administration and/or operation of one or more of its human services programs. See 45 CFR 95.605
  • Recipient: means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. See 45 CFR 75.2
  • Regular matching rate: means the normal rate of FFP authorized by titles IV-A, IV-B, IV-D, IV-E, X, XIV, XVI(AABD), XIX, and XXI of the Social Security Act for State and local agency administration of programs authorized by those titles. See 45 CFR 95.605
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Requirements Analysis: means determining and documenting the information needs and the functional and technical requirements the proposed computerized system must meet. See 45 CFR 95.605
  • Service agreement: means the document signed by the State or local agency and the State or local Central Data Processing facility whenever the latter provides data processing services to the former and:

    (a) Identifies those ADP services the Central Data Processing facility will provide. See 45 CFR 95.605

  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Software: means a set of computer programs, procedures, and associated documentation used to operate the hardware. See 45 CFR 95.605
  • Software maintenance: means routine support activities that normally include corrective, adaptive, and perfective changes, without introducing additional functional capabilities. See 45 CFR 95.605
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See 45 CFR 75.2
  • State agency: means the State agency administering or supervising the administration of the State plan under titles I, IV, X, XIV, XVI(AABD), XIX or XXI of the Social Security Act. See 45 CFR 95.605
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subrecipient: means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program. See 45 CFR 75.2
  • Substantial impairment: means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration. See 22 CFR 1005.103
  • system design: means a combination of narrative and diagrams describing the structure of a new or more efficient automatic data processing system. See 45 CFR 95.605
  • System specifications: means information about the new ADP system--such as workload descriptions, input data, information to be maintained and processed, data processing techniques, and output data--which is required to determine the ADP equipment and software necessary to implement the system design. See 45 CFR 95.605
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Total Acquisition Cost: means all anticipated expenditures (including State staff costs) for planning and implementation for the project. See 45 CFR 95.605
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • vessels contracted for: includes not only the contracting for the construction of a vessel, but also the contracting for a material alteration to a vessel, the contracting for the conversion of a vessel to a passenger vessel, and the changing of service or route of a vessel if such change increases or modifies the general requirements for the vessel or increases the hazards to which it might be subjected. See 46 CFR 70.05-5