Part 220 General
Part 221 Applications for Ocean Dumping Permits Under Section 102 of the Act
Part 222 Action On Ocean Dumping Permit Applications Under Section 102 of the Act
Part 223 Contents of Permits; Revision, Revocation or Limitation of Ocean Dumping Permits Under Section 104(D) of the Act
Part 224 Records and Reports Required of Ocean Dumping Permittees Under Section 102 of the Act
Part 225 Corps of Engineers Dredged Material Permits
Part 227 Criteria for the Evaluation of Permit Applications for Ocean Dumping of Materials
Part 228 Criteria for the Management of Disposal Sites for Ocean Dumping
Part 229 General Permits
Part 230 Section 404(B)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material
Part 231 Section 404(C) Procedures
Part 232 404 Program Definitions; Exempt Activities Not Requiring 404 Permits
Part 233 404 State Program Regulations
Part 238 Degradable Plastic Ring Carriers

Terms Used In CFR > Title 40 > Chapter I > Subchapter H

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Act: means the Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U. See 40 CFR 220.2
  • Act: means the Community Development Banking and Financial Institutions Act (12 U. See 12 CFR 1815.102
  • Adjudicative officer: means the official who presided at the underlying adversary adjudication, without regard to whether the official is designated as a hearing examiner, administrative law judge, administrative judge, or otherwise. See 12 CFR 1203.2
  • Administrator: The Administrator, Alcohol and Tobacco Tax and Trade Bureau, Department of the Treasury, Washington, DC. See 27 CFR 24.10
  • Adversary adjudication: means an administrative proceeding conducted by FHFA under 5 U. See 12 CFR 1203.2
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Agency counsel: means the attorney or attorneys designated by the General Counsel of FHFA to represent FHFA in an adversary adjudication covered by this part. See 12 CFR 1203.2
  • Agricultural wine: Wine made from suitable agricultural products other than the juice of grapes, berries, or other fruits. See 27 CFR 24.10
  • Allegation: something that someone says happened.
  • Allied products: Commercial fruit products and by-products (including volatile fruit-flavor concentrate) not taxable as wine. See 27 CFR 24.10
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Application: means a request for assistance from the Fund submitted pursuant to parts 1805 or 1806 of this chapter. See 12 CFR 1815.102
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Authority: This part sets forth the Rules of Practice and Procedure for hearings on the record in administrative enforcement proceedings in accordance with the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, title XIII of the Housing and Community Development Act of 1992, Public Law 102-550, sections 1301 et seq. See 12 CFR 1209.1
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • 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.
  • Bonded wine cellar: Premises established under the provisions of this part. See 27 CFR 24.10
  • Bonded wine premises: Premises established under the provisions of this part on which operations in untaxpaid wine are authorized to be conducted. See 27 CFR 24.10
  • Bonded wine warehouse: Bonded warehouse facilities established under the provisions of this part on wine premises by a warehouse company or other person for the storage of wine and allied products for credit purposes. See 27 CFR 24.10
  • Bonded winery: Premises established under the provisions of this part on which wine production operations are conducted and other authorized operations may be conducted. See 27 CFR 24.10
  • Bottle: A container four liters or less in capacity, regardless of the material from which it is made, used to store wine or to remove wine from the wine premises. See 27 CFR 24.10
  • Business day: Any day, other than Saturday, Sunday, or a legal holiday. See 27 CFR 24.10
  • Calendar year: The period which begins January 1 and ends on the following December 31. See 27 CFR 24.10
  • Case: Two or more bottles, or one or more containers larger than four liters, enclosed in a box or fastened together by some other method. See 27 CFR 24.10
  • CEQ regulations: means the regulations for implementing the procedural provisions of the National Environmental Policy Act of 1969 as promulgated by the Council on Environmental Quality, Executive Office of the President, appearing at 40 CFR parts 1500-1508 and to which this part is a supplement. See 12 CFR 1815.102
  • Cider: See definitions for hard cider and tax exempt cider. See 27 CFR 24.10
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Comprehensive Business Plan: means a document submitted as part of an Application pursuant to part 1805 of this chapter which describes an organization's proposed process for offering products or services to a particular market, including organizational requirements needed to serve that market effectively. See 12 CFR 1815.102
  • Concentrate plant: An establishment qualified under part 18 of this chapter for the production of volatile fruit-flavor concentrate. See 27 CFR 24.10
  • Consumer Loans: means loans to one or more individuals for household, family or other personal expenditures. See 12 CFR 1815.102
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
  • Criteria: means the criteria set forth in part 227 of this subchapter H. See 40 CFR 220.2
  • Decisionmaker: means the Director of the Fund, unless an appropriate delegation of authority has been made. See 12 CFR 1815.102
  • Dependent: A person dependent for support upon another.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Director: means the Director of the Federal Housing Finance Agency. See 12 CFR 1203.2
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distilled spirits plant: An establishment qualified under part 19 of this chapter (excluding alcohol fuel plants) for producing, warehousing, or processing of distilled spirits (including denatured spirits), or manufacturing of articles. See 27 CFR 24.10
  • Distilling material: Any fermented or other alcoholic substance capable of, or intended for use in, the original distillation or other original processing of spirits. See 27 CFR 24.10
  • District director: A district director of internal revenue. See 27 CFR 24.10
  • Docket: A log containing brief entries of court proceedings.
  • Dumping: means a disposition of material: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the FWPCA, under the provisions of section 13 of the River and Harbor Act of 1899, as amended (33 U. See 40 CFR 220.2
  • EIS: means an environmental impact statement as defined in 40 CFR 1508. See 12 CFR 1815.102
  • Enforcement Proceedings: Subpart B of this part (Enforcement Proceedings Under sections 1371 through 1379D of the Safety and Soundness Act) sets forth the statutory authority for enforcement proceedings under sections 1371 through 1379D of the Safety and Soundness Act (12 U. See 12 CFR 1209.1
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Executor: A male person named in a will to carry out the decedent
  • Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fees and other expenses: means reasonable attorney or agent fees, the reasonable expenses of expert witnesses, and the reasonable cost of any study, analysis, engineering report, or test, which the agency finds necessary for the preparation of the eligible party's case. See 12 CFR 1203.2
  • Felony: A crime carrying a penalty of more than a year in prison.
  • FHFA: means the Federal Housing Finance Agency. See 12 CFR 1203.2
  • Fiduciary: A guardian, trustee, executor, receiver, administrator, conservator, or any person acting in any fiduciary capacity for any person. See 27 CFR 24.10
  • Fiduciary: A trustee, executor, or administrator.
  • Fold: The ratio of the volume of the fruit must or juice to the volume of the volatile fruit-flavor concentrate produced from the fruit must or juice. See 27 CFR 24.10
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign wine: Wine produced outside the United States. See 27 CFR 24.10
  • Formula wine: Special natural wine, agricultural wine, and other than standard wine (except for distilling material and vinegar stock) produced on bonded wine premises under an approved formula. See 27 CFR 24.10
  • Fraud: Intentional deception resulting in injury to another.
  • Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
  • From bond: When used with reference to withdrawals of wine, this phrase includes withdrawals from the premises established under the provisions of this part on which operations in untaxpaid wine are authorized to be conducted, even if the proprietor, as authorized under the exemption set forth in §24. See 27 CFR 24.10
  • Fund: means the Community Development Financial Institutions Fund, established under section 104(a) of the Act (12 U. See 12 CFR 1815.102
  • FWPCA: means the Federal Water Pollution Control Act, as amended (33 U. See 40 CFR 220.2
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • in bond: refers to wine or spirits possessed under bond to secure the payment of the taxes imposed by 26 U. See 27 CFR 24.10
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Juice: The unfermented juice (concentrated or unconcentrated) of grapes, other fruit (including berries) and authorized agricultural products exclusive of pulp, skins, or seeds. See 27 CFR 24.10
  • Kind: Kind means the class and type of wine prescribed in this part and in 27 CFR part 4. See 27 CFR 24.10
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liter: A metric unit of capacity equal to 1,000 cubic centimeters at 20 degrees C. See 27 CFR 24.10
  • Lot: Wine of the same type. See 27 CFR 24.10
  • Material: means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, industrial, municipal, agricultural, and other waste, but such term does not mean sewage from vessels within the meaning of section 312 of the FWPCA. See 40 CFR 220.2
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Must: Unfermented juice or any mixture of juice, pulp, skins, and seeds prepared from grapes or other fruit (including berries). See 27 CFR 24.10
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Natural wine: The product of the juice or must of sound, ripe grapes or other sound, ripe fruit (including berries) made with any cellar treatment authorized by subparts F and L of this part and containing not more than 21 percent by weight (21 degrees Brix dealcoholized wine) of total solids. See 27 CFR 24.10
  • NEPA: means the National Environmental Policy Act, as amended, 42 U. See 12 CFR 1815.102
  • Nonbeverage wine: Wine, or wine products made from wine, rendered unfit for beverage use in accordance with §24. See 27 CFR 24.10
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • ocean waters: means those waters of the open seas lying seaward of the baseline from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606. See 40 CFR 220.2
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Party: means an individual, partnership, corporation, association, or public or private organization that is named or admitted as a party, that is admitted as a party for limited purposes, or that is properly seeking and entitled as of right to be admitted as a party in an adversary adjudication. See 12 CFR 1203.2
  • Person: An individual, trust, estate, partnership, association, company, or corporation. See 27 CFR 24.10
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • 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 all closely related actions relating to a specific site. See 12 CFR 1815.102
  • Proof: The ethyl alcohol content of a liquid at 60 degrees Fahrenheit, stated as twice the percent of ethyl alcohol by volume. See 27 CFR 24.10
  • Proprietor: The person qualified under this part to operate a wine premises, and includes the term "winemaker" when the context so requires. See 27 CFR 24.10
  • Recess: A temporary interruption of the legislative business.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Representation and conduct: Subpart D of this part (Parties and Representational Practice before the Federal Housing Finance Agency. See 12 CFR 1209.1
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Rules of Practice and Procedure: Subpart C of this part (Rules of Practice and Procedure) prescribes the general rules of practice and procedure applicable to adjudicatory proceedings that the Director is required by statute to conduct on the record after opportunity for a hearing under the Administrative Procedure Act, 5 U. See 12 CFR 1209.1
  • Safety and Soundness Act: means the Federal Housing Enterprise Financial Safety and Soundness Act of 1992, as amended. See 12 CFR 1209.1
  • Special natural wine: A product produced from a base of natural wine (including heavy bodied blending wine) to which natural flavorings are added, and made pursuant to an approved formula in accordance with subpart H of this part. See 27 CFR 24.10
  • Spirits: That substance known as ethyl alcohol, ethanol, or spirits of wine in any form (including all dilutions or mixtures thereof, from whatever source or by whatever process produced), but not denatured spirits unless specifically stated. See 27 CFR 24.10
  • Standard wine: Natural wine, specially sweetened natural wine, special natural wine, and standard agricultural wine, produced in accordance with subparts F, H, and I of this part. See 27 CFR 24.10
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Taxpaid wine: Wine on which the tax imposed by law has been determined, regardless of whether the tax has actually been paid or the payment of tax has been deferred. See 27 CFR 24.10
  • Taxpaid wine bottling house: Premises established under the provisions of this part primarily for bottling or packing taxpaid wine. See 27 CFR 24.10
  • Taxpaid wine premises: Premises established under the provisions of this part on which taxpaid wine operations other than bottling are authorized to be conducted. See 27 CFR 24.10
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • This chapter: Title 27, Code of Federal Regulations, chapter I (27 CFR chapter I). See 27 CFR 24.10
  • 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.
  • Trustee: A person or institution holding and administering property in trust.
  • United States wine: Wine produced on bonded wine premises in the United States. See 27 CFR 24.10
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Vinegar: A wine or wine product not for beverage use produced in accordance with the provisions of this part and having not less than 4. See 27 CFR 24.10
  • Volatile fruit-flavor concentrate: Any concentrate produced by any process which includes evaporations from any fruit mash or juice. See 27 CFR 24.10
  • Wine: When used without qualification, the term includes every kind (class and type) of product produced on bonded wine premises from grapes, other fruit (including berries), or other suitable agricultural products and containing not more than 24 percent of alcohol by volume. See 27 CFR 24.10
  • Wine premises: Premises established under the provisions of this part on which wine operations or other operations are authorized to be conducted. See 27 CFR 24.10
  • Wine spirits: Brandy or wine spirits authorized under 26 U. See 27 CFR 24.10