[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR259.38]

[Page 652-653]
 
                    TITLE 50--WILDLIFE AND FISHERIES
 
  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 259_CAPITAL CONSTRUCTION FUND--Table of Contents
 
Sec. 259.38  Miscellaneous.

    (a) Wherever the Secretary prescribes time constraints herein for 
the submission of any CCF transactions, the postmark date shall control 
if mailed or, if personally delivered, the actual date of submission. 
All required materials may be submitted to any Financial Assistance 
Division office of the National Marine Fisheries Service.
    (b) All CCF information received by the Secretary shall be held 
strictly confidential, except that it may be published or disclosed in 
statistical form provided such publication does not disclose, directly 
or indirectly, the identity of any fundholder.
    (c) While recognizing that precise regulations are necessary in 
order to treat similarly situated parties similarly, the Secretary also 
realizes that precision in regulations can often cause inequitable 
effects to result from unavoidable, unintended, or minor discrepancies 
between the regulations and the circumstances they attempt to govern. 
The Secretary will, consequently, at his discretion, as a matter of 
privilege and not as a matter of right, attempt to afford relief to 
parties where literal application of the purely procedural, as opposed 
to substantive, aspects of these regulations would otherwise work an 
inequitable hardship. This privilege will be sparingly granted and no 
party should before the fact attempt to act in reliance on its being 
granted after the fact.
    (d) These Sec. Sec. 259.30 through 259.38 are applicable absolutely 
to all Interim CCF Agreements first entered into (or the amendment of 
all then existing Interim CCF Agreements, which amendment is first 
entered into) on or after the date these Sec. Sec. 259.30 through 
259.38 are adopted. These Sec. Sec. 259.30 through 259.38 are 
applicable to all Interim CCF Agreements entered into before the date 
these Sec. Sec. 259.30 through 259.38 are adopted, with the following 
exceptions only:

[[Page 653]]

    (1) The vessel age limitations imposed by Sec. 259.31 shall not 
apply to already scheduled Schedule B objectives.
    (2) The minimum deposits imposed by Sec. 259.34 shall not apply to 
any party's tax year before that party's tax year next following the one 
in which these Sec. Sec. 259.30 through 259.38 are adopted.
    (e) These Sec. Sec. 259.30 through 259.38 are specifically 
incorporated in all past, present, and future Interim CCF Agreements by 
reference thereto made in Whereas Clause number 2 of all such Interim 
CCF Agreements.

[[Page 654]]