201.22 Majority may conduct hearings. A majority of the Commission may conduct hearings or other proceedings regularly before it and may take and receive testimony and hear arguments thereon, but less than the whole number of the Commission shall not proceed to finally consider and determine any matter, proceeding, or question which the Treaty creating the Commission, either in terms or by implication, requires or makes it the duty of the Commission to decide.*+ 201.23 Amendments. Amendments of applications and statements may be allowed by the Commission where substantial justice requires it, and the time for the filing of any paper or the doing of any act by the rules in this part required may be extended in the like case.** 201.24 Service of process. Service of any subpena, process, notice, or other document which must be served under the present rules in this part, shall be by delivering a copy thereof to the person named therein, or by leaving the same at the dwelling house or usual place of abode or usual place of business of such person with some adult person who is a member of or resident in his family or with an employee in such place of business. Such service may be made by any literate person, who shall make return thereof under oath to the secretary from whom such subpena, process, notice, or other document shall have been received, and such return shall state the time and place of such service.*+ 201.25 Expenses of proceedings. All expenses incident to the prosecution of any proceedings before the Commission upon applications presented under § 201.6 (b) shall be paid by the party on whose behalf or at whose request such cost or expense is incurred, except as otherwise ordered by the Commission. [As amended Apr. 6, 1926] 201.26 Submission to Governments. When in the opinion of the Commission it is desirable that a decision should be rendered which affects navigable waters in a manner or to an extent different from that contemplated by the application and plans, the Commission will, before making a final decision, submit to the Government transmitting the application a draft of the decision, and such Government may file with the Commission a brief or memorandum thereon which will receive due consideration by the Commission before its decision is made final.*† 201.27 General rule. The Commission may, in the course of the proceedings, make any order which it deems expedient and necessary to meet the ends of justice and to effectually carry out the true intent and meaning of the Treaty.*+ 201.28 Proceedings under Articles IX and X. The rules in this part, as far as applicable, shall apply to proceedings in all cases referred or submitted under Articles IX and X.1*† 1Treaty between United States and Great Britain, January 11, 1909, 36 Stat. 2452, 2453. Page 6 **For statutory and source citations, see note to § 201.1. FOREIGN SERVICE: See Foreign Relations, 22 CFR Parts 76-98. FOREST SERVICE, DEPARTMENT OF AGRICULTURE: See Parks and Forests, 36 CFR Chapter II. FORESTRY, INDIAN RESERVATIONS: See Indians, 25 CFR Parts 61-63. FORFEITED DISTILLED SPIRITS (INCLUDING ALCOHOL), WINE AND MALT BEVERAGES: See Public Contracts, 41 CFR Part 36. FORFEITURES, REMISSION OR MITIGATION: See Internal Revenue, 26 CFR FRANKS AND PASSES: See Telecommunication, 47 CFR Part 41. FREIGHT: See Transportation and Railroads, 49 CFR Chapter I. (INSPECTION AND FUR FARMING: See Public Lands: Interior, 43 CFR Part 62. GAME REFUGES: See Parks and Forests, 36 CFR Part 202. Public Lands: Interior, 43 CFR Part 503. Wildlife, 50 CFR Chapter I. GENERAL ACCOUNTING OFFICE: See Accounts, 4 CFR Chapter I. GENERAL LAND OFFICE, DEPARTMENT OF THE INTERIOR: See Public Lands: Interior, 43 CFR Chapter I. GEOLOGICAL SURVEY, DEPARTMENT OF THE INTERIOR: See Mineral Resources, 30 CFR Chapter II. GIFT TAXES: See Internal Revenue, 26 CFR Part 85. GIFT OF LANDS: See Public Lands: Interior, 43 CFR Part 256. GLACIER NATIONAL PARK: TIMBER DISPOSAL REGULATIONS: See Parks and Forests, 36 CFR Part 22. GOLD RESERVE, PROVISIONAL REGULATIONS: See Money and Finance: Treasury, 31 CFR Part 54. GOVERNMENT LOSSES IN SHIPMENT: See Money and Finance: Treasury, 31 CFR Parts 260, 261. GRADE CROSSING REGULATIONS: See Highways, 23 CFR Chapter I. GRAIN EXCHANGES: See Commodity and Securities Exchanges, 17 CFR Part 2. GRAIN STANDARDS: See Agriculture, 7 CFR Part 26. GRAIN WAREHOUSES: See Agriculture, 7 CFR Part 102. GRAZING: See Indians, 25 CFR Parts 71, 72. Parks and Forests, 36 CFR Part 231. Public Lands: Interior, 43 CFR Parts 63, 160, and Chapter III. GROCERY INDUSTRY: See Commercial Practices, 16 CFR Part 73. HAY AND STRAW (INSPECTION AND CERTIFICATION FOR CLASS AND HEAD TAX: See Aliens and Citizenship, 8 CFR Part 1. HEALTH FACILITIES FOR INDIANS: See Indians, 25 CFR Parts 84, 85. HELIUM GAS, EXPORTATION: See National Defense, 32 CFR Part 2. Page 7 Federal Emergency Administration of Public Works: See Public Property and Works, 44 CFR Chapter II. Forest Service, Department of Agriculture: See Parks and Forests, 36 CFR Chapter II. Interstate Commerce Commission regulations relating to block signals and train control devices at grade crossings: See Transportation and Railroads, 49 CFR Part 133. Office of the Secretary of Labor and labor regulations, Department of Labor: See Labor, 29 CFR Part 1. Panama Canal regulations relating to public roads; vehicles and vehicular traffic: See Panama Canal, 35 CFR Part 22. Regulations concerning construction and maintenance of roads on Indian lands, Works Progress Administration: See Public Welfare, 45 CFR Chapter III. 1 Except the provisions thereof relative to forest roads. 2 Except within or adjacent to national forests, national parks, national parkways, or other federal reservations. Page 1 Regulations for administering forest roads and trails: See Part 15. Section 1.1 Definitions. For the purposes of the regulations in this part, the following terms shall be construed, respectively, to mean: (a) Act. The Act of Congress approved July 11, 1916, entitled "An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes" (39 Stat. 355; 16 U.S.C. 503, 23 U.S.C. 12a, 48), as amended by the Act approved February 28, 1919, entitled "An Act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1920, and for other purposes" (40 Stat. 1200, 1201), and as amended by the Act approved November 9, 1921, entitled "An Act to amend the Act entitled "An Act to provide that the United States shall aid the States in the construction of rural post roads, and for other purposes', approved July 11, 1916, as amended and supplemented, and for other purposes" (42 Stat. 212; 23 U.S.C. Chapter 1, 50 U.S.C. 3) and all acts amendatory thereof and/or supplementary thereto. (b) Secretary. The Secretary of Agriculture of the United States. (c) Bureau of Public Roads. The Bureau of Public Roads of the United States Department of Agriculture. (d) Authorized representatives of the Secretary. The Chief of Bureau of Public Roads and such other officials and employees thereof as he may designate from time to time. (e) Federal-aid highway system. The system of Federal-aid highways, established by actual agreement and joint action of the States and the Secretary of Agriculture. 'Except the provisions thereof relative to forest roads. Page 2 |