Regulations (Standards - 29 CFR) - Table of Contents Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 1986
• Part Title: Procedures for the Handling of Retaliation Complaints Under the Employee Protection Provision of the Seaman's Protection Act (SPA), as Amended.
• Subpart: A
• Subpart Title: Complaints, Investigations, Findings and Preliminary Orders
• Standard Number: 1986.101
• Title: Definitions.

As used in this part:

1986.101(a)

Act means the Seaman's Protection Act (SPA), 46 U.S.C. 2114, as amended.
1986.101(b)
Assistant Secretary means the Assistant Secretary of Labor for Occupational Safety and Health or the person or persons to whom he or she delegates authority under the Act.
1986.101(c)
Business days means days other than Saturdays, Sundays, and Federal holidays.
1986.101(d)
Citizen of the United States means:
1986.101(d)(1)
An individual who is a national of the United States as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)) or a corporation, partnership, association, or other business entity if the controlling interest is owned by citizens of the United States. The controlling interest in a corporation is owned by citizens of the United States if:
1986.101(d)(1)(i)
Title to the majority of the stock in the corporation is vested in citizens of the United States free from any trust or fiduciary obligation in favor of a person not a citizen of the United States;
1986.101(d)(1)(ii)
The majority of the voting power in the corporation is vested in citizens of the United States;
1986.101(d)(1)(iii)
There is no contract or understanding by which the majority of the voting power in the corporation may be exercised, directly or indirectly, in behalf of a person not a citizen of the United States; and
1986.101(d)(1)(iv)
There is no other means by which control of the corporation is given to or permitted to be exercised by a person not a citizen of the United States.
1986.101(d)(2)
Furthermore, a corporation is only a citizen of the United States if:
1986.101(d)(2)(i)
It is incorporated under the laws of the United States or a State;
1986.101(d)(2)(ii
Its chief executive officer, by whatever title, and the chairman of its board of directors are citizens of the United States; and
1986.101(d)(2)(iii)
No more of its directors are noncitizens than a minority of the number necessary to constitute a quorum.
1986.101(e)
Complainant means the seaman who filed a SPA whistleblower complaint or on whose behalf a complaint was filed.
1986.101(f)
Cooperated means any assistance or participation with an investigation, at any stage of the investigation, and regardless of the outcome of the investigation.
1986.101(g)
Maritime safety law or regulation includes any statute or regulation regarding health or safety that applies to any person or equipment on a vessel.
1986.101(h)
Notify or notified includes any oral or written communications.
1986.101(i)
OSHA means the Occupational Safety and Health Administration of the United States Department of Labor.
1986.101(j)
Person means one or more individuals or other entities, including but not limited to corporations, companies, associations, firms, partnerships, societies, and joint stock companies.
1986.101(k)
Report or reported means any oral or written communications.
1986.101(l)
Respondent means the person alleged to have violated 46 U.S.C. 2114.
1986.101(m)
Seaman means any individual engaged or employed in any capacity on board a vessel owned by a citizen of the United States. The term includes an individual formerly performing the work described above or an applicant for such work.
1986.101(n)
Secretary means the Secretary of Labor or persons to whom authority under the Act has been delegated.
1986.101(o)
State means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.
1986.101(p)
Vessel means every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.
1986.101(q)
Vessel owner includes all of the agents of the owner, including the vessel's master.
1986.101(r)
Any future amendments to SPA that affect the definition of a term or terms listed in this section will apply in lieu of the definition stated herein.

[78 FR 8402, February 6, 2013]

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