Part 70 General Provisions
Part 71 Inspection and Certification
Part 72 Construction and Arrangement
Part 76 Fire Protection Equipment
Part 77 Vessel Control and Miscellaneous Systems and Equipment
Part 78 Operations
Part 80 Disclosure of Safety Standards and Country of Registry

Terms Used In CFR > Title 46 > Chapter I > Subchapter H - Passenger Vessels

  • 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
  • Acquisition cost: means the cost of the asset including the cost to ready the asset for its intended use. See 45 CFR 75.2
  • Act: means the Act of June 5, 1967, sometimes referred to as the "Freedom of Information Act" or the Public Information Section of the Administrative Procedure Act, as amended, Pub. See 22 CFR 1002.2
  • 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
  • Advance payment: means a payment that a Federal awarding agency or pass-through entity makes by any appropriate payment mechanism, including a predetermined payment schedule, before the non-Federal entity disburses the funds for program purposes. See 45 CFR 75.2
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • 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.
  • Allegation: something that someone says happened.
  • 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
  • Amortization: Paying off a loan by regular installments.
  • 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
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Budget: means the financial plan for the project or program that the Federal awarding agency or pass-through entity approves during the Federal award process or in subsequent amendments to the Federal award. See 45 CFR 75.2
  • Capital assets: means tangible or intangible assets used in operations having a useful life of more than one year which are capitalized in accordance with GAAP. See 45 CFR 75.2
  • Capital expenditures: means expenditures to acquire capital assets or expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life. See 45 CFR 75.2
  • Chambers: A judge's office.
  • 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
  • Computing devices: means machines used to acquire, store, analyze, process, and publish data and other information electronically, including accessories (or "peripherals") for printing, transmitting and receiving, or storing electronic information. See 45 CFR 75.2
  • Congressional Record: The substantially verbatim account of daily proceedings in Congress. It is printed for each day Congress is in session. At the back of each daily issue is the "Daily Digest," which summarizes the day's floor and committee activities.
  • Contract: means a legal instrument by which a non-Federal entity purchases property or services needed to carry out the project or program under a Federal award. See 45 CFR 75.2
  • Contractor: means an entity that receives a contract as defined in Contract. 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
  • Cost objective: means a program, function, activity, award, organizational subdivision, contract, or work unit for which cost data are desired and for which provision is made to accumulate and measure the cost of processes, products, jobs, capital projects, etc. See 45 CFR 75.2
  • Cost sharing or matching: means the portion of project costs not paid by Federal funds (unless otherwise authorized by Federal statute). See 45 CFR 75.2
  • Data: means facts and statistics, measurements, or samples that have not been analyzed, processed, or interpreted. See 30 CFR 250.105
  • 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
  • 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.
  • 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
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • District Manager: means the BSEE officer with authority and responsibility for operations or other designated program functions for a district within a BSEE Region. See 30 CFR 250.105
  • Docket: A log containing brief entries of court proceedings.
  • Drydock examination: means hauling out a vessel or placing a vessel in a drydock or slipway for an examination of all accessible parts of the vessel's underwater body and all through-hull fittings and appurtenances, including verification of the accuracy of draft marks if not already verified at a previous drydock examination. See 46 CFR 71.50-1
  • 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
  • Equipment: means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See 45 CFR 75.2
  • 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
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • 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
  • Federal share: means the portion of total project costs that are paid by Federal funds. See 45 CFR 75.2
  • FFP: means Federal financial participation. See 45 CFR 95.605
  • Fiduciary: A trustee, executor, or administrator.
  • Foundation: means the Inter-American Foundation. See 22 CFR 1002.2
  • General purpose equipment: means equipment which is not limited to research, medical, scientific or other technical activities. See 45 CFR 75.2
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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
  • 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
  • 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
  • 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.
  • Indirect cost rate proposal: means the documentation prepared by a non-Federal entity to substantiate its request for the establishment of an indirect cost rate as described in appendix III through appendix VII, and appendix IX of this part. See 45 CFR 75.2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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

  • Internal structural examination: means an examination of the vessel while afloat or in drydock and consists of a complete examination of the vessel's main strength members, including the major internal framing, the hull plating, voids, and ballast tanks, but not including cargo, sewage, or fuel oil tanks. See 46 CFR 71.50-1
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • 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
  • 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.
  • 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
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Non-Federal entity: means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. 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

  • Oath: A promise to tell the truth.
  • 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
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • 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
  • 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.
  • 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
  • Period of performance: means the time during which the non-Federal entity may incur new obligations to carry out the work authorized under the Federal award. See 45 CFR 75.2
  • Personal property: means property of any kind except real property. See 45 CFR 75.2
  • 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.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President: means the President of the Foundation. See 22 CFR 1002.2
  • 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.
  • Prior approval: means written approval by an authorized HHS official evidencing prior consent before a recipient undertakes certain activities or incurs specific costs. See 45 CFR 75.2
  • Production: means those activities that take place after the successful completion of any means for the removal of minerals, including such removal, field operations, transfer of minerals to shore, operation monitoring, maintenance, and workover operations. See 30 CFR 250.105
  • Program income: means gross income earned by the non-Federal entity that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in §75. See 45 CFR 75.2
  • 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
  • Project costs: means total allowable costs incurred under a Federal award and all required cost sharing and voluntary committed cost sharing, including third-party contributions. See 45 CFR 75.2
  • Property: means real property or personal property. See 45 CFR 75.2
  • Quorum: The number of legislators that must be present to do business.
  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
  • 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
  • records: includes all books, papers, or other documentary materials made or received by the Foundation in connection with the transaction of its business which have been preserved or are appropriate for preservation by the Foundation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities, or because of the informational value of data contained therein. See 22 CFR 1002.2
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • 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

  • Shallow water: is an ascertained water depth at which the uppermost deck(s) of a sunken vessel remain above the water's surface. See 46 CFR 71.50-1
  • 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
  • Special purpose equipment: means equipment which is used only for research, medical, scientific, or other technical activities. See 45 CFR 75.2
  • 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
  • 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
  • Supplies: means all tangible personal property other than those described in Equipment. See 45 CFR 75.2
  • 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
  • Termination: means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. See 45 CFR 75.2
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Third party examiner: means an entity:

    (1) With a thorough knowledge of diving operations, including diving limitations as related to diver safety and diver supervision. See 46 CFR 71.50-1

  • Total Acquisition Cost: means all anticipated expenditures (including State staff costs) for planning and implementation for the project. See 45 CFR 95.605
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • Verdict: The decision of a petit jury or a judge.
  • 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
  • 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.
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • You: means a lessee, the owner or holder of operating rights, a designated operator or agent of the lessee(s), a pipeline right-of-way holder, or a State lessee granted a right-of-use and easement. See 30 CFR 250.105