Procedure of any penalty, assessment, and exclusion that have been imposed and of the means by which the respondent may satisfy the judgment. The respondent has no right to appeal a penalty, an assessment, or an exclusion with respect to which he or she has not made a timely request for a hearing under 42 CFR 1005.2.

(a) Where a final determination pertaining to the respondent's liability for acts that violate this part has been rendered in any proceeding in which the respondent was a party and had an opportunity to be heard, the respondent shall be bound by such determination in any proceeding under this part. (b) In a proceeding under this part, a person is estopped from denying the essential elements of the criminal offense if the proceeding—

(c) District director means district director of internal revenue. (d) The cross references in the regulations in this part to other portions of the regulations, when the word “see” is used, are made only for convenience and shall be given no legal effect.

Effective for any Form 8928 that is due on or after January 1, 2010, any return, statement, or other document required to be made with respect to a tax imposed by section 4980B, 4980D, 4980E, or 4980G of the Code or the regulations under section 4980B, 4980D, 4980E, or 4980G must be signed by the person required to file the return, statement, or other document, or by the persons required or duly authorized to sign in accordance with the regulations, forms, or

articles as may be necessary, and shall make lists of the same according to the forms prescribed. Such lists, being subscribed by the district director or other authorized internal revenue officer or employee, shall be sufficient lists of such articles for all purposes. information returns Information Concerning Persons Subject to Special Provisions

(a) Upon motion of the Presiding Officer, or upon the request of a party to the investigation, the Presiding Officer may issue a subpoena directing any person to appear at a designated time and place to testify or to produce documentary or physical evidence relating to any matter under investigation. (b) Subpoenas shall be served by personal service, or upon an agent designated in writing for the purpose, or by registered or certified

the investigation; and (2) Make objections on the record and argue the basis for such objections. (d) Copies of all notices or written communications sent to a party or witness shall upon request be sent to that person's attorney of record.

(a) The administrative law judge may order that any information contained in the record be withheld from public disclosure. Any person may object to disclosure of information in the record by filing a written motion to withhold specific information with the administrative law judge and serving a copy of the motion on each party. The party shall state the specific grounds for nondisclosure in the motion. (b) The administrative law

(a) The applicant must design each part, article, and assembly for the expected operating conditions of the airplane. (b) Design data must adequately define the part, article, or assembly configuration, its design features, and any materials and processes used. (c) The applicant must determine the suitability of each design detail and part having an important bearing on safety in operations.

For the one-gear landing conditions, the airplane is assumed to be in the level attitude and to contact the ground on one main landing gear, in accordance with Figure 4 of Appendix A of this part. In this attitude— (a) The ground reactions must be the same as those obtained on that side under §25.479(d)(1), and

The suitability and durability of materials used for parts, the failure of which could adversely affect safety, must— (a) Be established on the basis of experience or tests; (b) Conform to approved specifications (such as industry or military specifications, or Technical Standard Orders) that ensure their having the strength and other properties assumed in the design data; and

The factor of safety prescribed in §25.303 must be multiplied by the highest pertinent special factor of safety prescribed in §§25.621 through 25.625 for each part of the structure whose strength is— (a) Uncertain;

The minimum flight crew must be established so that it is sufficient for safe operation, considering— (a) The workload on individual crewmembers; (b) The accessibility and ease of operation of necessary controls by the appropriate crewmember; and (c) The kind of operation authorized under

(a) EWIS associated with any powerplant must be designed and installed so that the failure of an EWIS component will not prevent the continued safe operation of the remaining powerplants or require immediate action by any crewmember for continued safe operation, in accordance with the requirements of §25.903(b). (b) Design precautions

(a) Required safety equipment to be used by the crew in an emergency, such as flares and automatic liferaft releases, must be readily accessible. (b) Stowage provisions for required safety equipment must be furnished and must— (1) Be arranged so that the equipment is directly accessible and its location is obvious; and (2) Protect the safety equipment from damage

Each applicant, except an applicant for an engine being type certificated through amendment of an existing type certificate or through supplemental type certification procedures, must complete one of the following tests on an engine that substantially conforms to the type design to establish when the initial maintenance inspection is required: (a) An approved engine test that simulates the conditions in which the engine is expected to

The integrity of each propeller critical part identified by the safety analysis required by §35.15 must be established by: (a) A defined engineering process for ensuring the integrity of the propeller critical part throughout its service life, (b) A defined manufacturing process that identifies the

maintains two-way radio communication with the Luke RAPCON or an appropriate ATC facility while within the designated area. (b) Requests for deviation from the provisions of this section apply only to aircraft not equipped with an operational radio. The request must be submitted at least 24 hours before the proposed operation to Luke RAPCON.

procedures set forth in 49 CFR part 40. The provisions of 49 CFR part 40 that address alcohol testing are made applicable to employers by this subpart. (c) Employer responsibility. As an employer, you are responsible for all actions of your officials, representatives, and service agents in carrying out the requirements of the DOT agency regulations.

(b) The alcohol testing requirements of this title shall not be construed to preempt provisions of State criminal law that impose sanctions for reckless conduct leading to actual loss of life, injury, or damage to property, whether the provisions apply specifically to transportation employees or employers or to the general public.

Except when necessary for takeoff and landing, no person may operate under VFR— (a) An airplane— (1) During the day, below 500 feet above the surface or less than 500 feet horizontally from any obstacle; or (2) At night, at an altitude less than 1,000 feet above the highest obstacle within a horizontal distance of 5 miles from the course intended to be flown or, in

Each certificated repair station must— (a) Designate a repair station employee as the accountable manager; (b) Provide qualified personnel to plan, supervise, perform, and approve for return to service the maintenance, preventive maintenance, or alterations performed under the repair station certificate and operations specifications; (c) Ensure it has a sufficient number

(a) A participating State shall comply with the terms of the State block grant agreement. (b) A participating State shall ensure that each person or entity, to which the State distributes funds received pursuant to the State block grant pilot program, complies with any terms that the State block grant agreement requires to be imposed on a recipient for airport projects funded pursuant to the State block grant pilot program.

variations of the name that are identifiable with the authorized name, are permitted. Slogans and service marks shall not be considered names for the purpose of this part, and their use is not restricted. [53 FR 17923, May 19, 1988, as amended at 70 FR 25768, May 16, 2005]

In computing any period of time prescribed or allowed by this part, by notice, order or regulation or by any applicable statute, the day of the act, event, or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included, unless it is a Saturday, Sunday, or legal holiday for the Department, in which event the period runs until the end of the next day that is neither a Saturday, Sunday, nor holiday. When the

recommended decision on his or her own initiative and has specifically provided for the filing of such briefs. (c) In all other respect, the provisions of §302.35 shall apply.

appropriate without notice or hearing, or, as a matter of discretion, to proceed to take proof, without notice, of the allegations or charges set forth in the complaint or order; Provided, that the DOT decisionmaker or administrative law judge may permit late filing of an answer for good cause shown.

, That any printed advertisement of a charter operator shall include a statement explaining that eligibility for participation in such charters is limited to military servicemen who are stationed outside of the 48 contiguous States and the District of Columbia, and/or U.S. citizen civilian DOD employees who are stationed in a foreign country, or a U.S. territory or possession, where U.S. military personnel are stationed, and their respective immediate families.

This part applies to Public Charter air transportation of passengers in interstate or foreign air transportation, whether furnished by direct air carriers or Public Charter operators. This part also relieves such charter operators from various provisions of subtitle VII of Title 49 of the United States Code (statute), for the purpose of enabling them to provide Public Charters utilizing aircraft chartered from such direct air carriers. It also declines jurisdiction

The Docket Officer, Docket Operations Office, has the authority to coordinate and perform all administrative functions of the Department provided for in sections 2, 3 and 5 of Executive Order 12597 issued May 13, 1987, except that this delegation shall not include the exercise of the authority delegated by the President to the Secretary by sections 2 and 5 of that Order to determine not to disapprove orders of the Department in certain cases.