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If CMS waives any of the qualifying conditions required under subpart J of this part, the contract must specify the following information for each waived condition:
(a) The specific terms of the waiver.
(b) The expiration date of the waiver.
(c) Any other information required by CMS.
[60 FR 45680, Sept. 1, 1995]
This subpart prescribes:
(a) General financial requirements and options for determining the eligibility of both categorically and medically needy individuals specified in subparts B, C, and D of this part. Subparts H and I of this part prescribe additional financial requirements.
(b) [Reserved]
[58 FR 4929, Jan. 19, 1993, as amended at 59 FR 43052, Aug. 22
This subpart prescribes:
(a) General financial requirements and options for determining the eligibility of both categorically needy and medically needy individuals specified in subparts B, C, and D of this part. Subparts H and I of this part prescribe additional financial requirements.
(b) [Reserved]
[58 FR 4936, Jan. 19, 1993, as amended at 59 FR 43053
CMS may terminate the CJR model for reasons including but not limited to the following:
(a) CMS determines that it no longer has the funds to support the CJR model.
(b) CMS terminates the model in accordance with section 1115A(b)(3)(B) of the Act. As provided by section 1115A(d)(2) of the Act, termination of the model is not subject to administrative or judicial review.
(a) The State must verify the eligibility of an applicant or beneficiary for BHP consistent either with the standards and procedures set forth in—
(1) Medicaid regulations at §§435.945 through 435.956 of this chapter; or
(2) Exchange regulations at 45 CFR 155.315 and 155.320.
In the case of the estate of a decedent dying after December 31, 1970, no special notice of qualification as executor of an estate is required to be filed. The requirement of section 6036 for notification of qualification as executor of an estate shall be satisfied by the filing of the estate tax return required by section 6018 and the regulations thereunder.
[T.D. 7238, 37 FR 28721, Dec. 29, 1972]
A payment made, or benefit furnished, to or for the benefit of an employee in a taxable year beginning after December 31, 1978, does not constitute wages and hence is not subject to withholding if, at the time of such payment or furnishing, it is reasonable to believe that the employee will be able to exclude such payment or benefit from income under section 127.
[T.D. 7898, 48 FR 31019, July 6, 1983]
Use of a highway motor vehicle by a State is exempt from the tax imposed by section 4481. For this purpose, the term use by a State means the operation by a State on the public highways in the United States of any highway motor vehicle, whether or not such highway motor vehicle is owned by the State.
[T.D. 8879, 65 FR 17154, Mar. 31, 2000]
The regulations in this part 49 are designated “Facilities and Services Excise Tax Regulations.” The regulations relate to the taxes on communications and transportation by air imposed by chapter 33 of the Internal Revenue Code and the taxes on indoor tanning services imposed by section 5000B. See part 40 of this chapter for regulations relating to returns, payments, and deposits of these taxes.
[T.D. 9621, 78 FR 34876
The Commissioner is authorized to repay to any officer or employee of the United States the full amount of such sums of money as may be recovered against him in any court, for any internal revenue taxes collected by him, with the cost and expense of suit, and all damages and costs recovered against any officer or employee of the United States in any suit brought against him by reason of anything done in the official performance of his duties under the Code.
The following matters may not be protested before the ODRA, except for review of compliance with the AMS:
(a) FAA purchases from or through, State, local, and tribal governments and public authorities;
(b) FAA purchases from or through other Federal agencies;
(c) Grants;
(d) Cooperative agreements;
(e) Other
Turbopropeller power airplane propeller-drag limiting systems must be designed so that no single failure or malfunction of any of the systems during normal or emergency operation results in propeller drag in excess of that for which the airplane was designed under §25.367. Failure of structural elements of the drag limiting systems need not be considered if the probability of this kind of
The established flap extended speed VFE must be established so that it does not exceed the design flap speed VF chosen under §§25.335(e) and 25.345, for the corresponding flap
Each part of the structure must—
(a) Be suitably protected against deterioration or loss of strength in service due to any cause, including—
(1) Weathering;
(2) Corrosion; and
(3) Abrasion; and
(b) Have provisions for ventilation and drainage where necessary to prevent the accumulation of corrosive
Each compartment containing any part of the powerplant installation must have provision for ventilation and drainage of flammable fluids. The drainage means must be—
(a) Effective under conditions expected to prevail when drainage is needed, and
(b) Arranged so that no discharged fluid will cause an additional fire hazard.
[Doc. No. 29247, 64 FR 45095, Aug
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 kinds of operation authorized under
The horizontal distance required to land and come to a complete stop (or to a speed of approximately 3 knots for water landings) from a point 50 ft above the landing surface must be determined from the approach and landing paths established in accordance with §29.79.
[Doc. No. 24802, 64 FR 45338, Aug. 19, 1999]
Each part of the structure must—
(a) Be suitably protected against deterioration or loss of strength in service due to any cause, including—
(1) Weathering;
(2) Corrosion; and
(3) Abrasion; and
(b) Have provisions for ventilation and drainage where necessary to prevent the accumulation of corrosive
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 kinds of operation authorized under
For pressurized fuel systems, each element and its connecting fittings and lines must be tested to an ultimate pressure of at least twice the maximum pressure to which the system will be subjected in normal operation. No part of the system may fail or malfunction during the test. The test configuration must be representative of the normal fuel system installation and balloon configuration.
[Amdt. 31-3, 41 FR 55474, Dec
(a) This subpart requires operators to support the continued airworthiness of each airplane. These requirements may include, but are not limited to, revising the inspection program, incorporating design changes, and incorporating revisions to Instructions for Continued Airworthiness.
(b) [Reserved]
[Amdt. 91-297, 72 FR 63410, Nov. 8, 2007, as amended by Docket FAA-2018-0119, Amdt. 91-350
(a) No person may operate an aircraft at an altitude between 1,200 feet MSL and 2,000 feet MSL in that portion of this segment lying north of the midchannel of Knik Arm.
(b) Each person operating an airplane within this segment (except that part described in paragraph (a) of this section) shall operate that airplane at an altitude of at least 600 feet MSL until maneuvering for a safe landing requires further descent.
(a) Each person operating an airplane to or from the Bryant Airport shall conform to the flow of traffic shown on the appropriate aeronautical charts, and while in the traffic pattern, shall operate that airplane at an altitude of at least 1,000 feet MSL until maneuvering for a safe landing requires further descent.
(b) Each person operating an aircraft within the Bryant segment should self-announce intentions on the Bryant Airport
(a) Each certificate holder shall, promptly upon its completion, prepare a report of each major alteration or major repair of an airframe, aircraft engine, propeller, or appliance of an aircraft operated by it.
(b) The certificate holder shall submit a copy of each report of a major alteration to, and shall keep a copy of each report of a major repair available for inspection by, the representative of the Administrator who is assigned
(a) This subpart requires operators to support the continued airworthiness of each airplane. These requirements may include, but are not limited to, revising the inspection program, incorporating design changes, and incorporating revisions to Instructions for Continued Airworthiness.
(b) [Reserved]
[Amdt. 125-53, 72 FR 63412, Nov. 8, 2007, as amended by Docket FAA-2018-0119, Amdt. 125-68
Notwithstanding part 91 of this chapter, during the actual dispensing operation, including approaches, departures, and turnarounds reasonably necessary for the operation, an aircraft may be operated over other than congested areas below 500 feet above the surface and closer than 500 feet to persons, vessels, vehicles, and structures, if the operations are conducted without creating a hazard to persons or property on the surface.
This subpart sets forth minimum requirements for the approval and operation of non-Federal Instrument Landing System (ILS) Facilities that are to be involved in the approval of instrument flight rules and air traffic control procedures related to those facilities.
[Doc. No. 5034, 29 FR 11337, Aug. 6, 1964, as amended by Amdt. 171-2, 31 FR 5408, Apr. 6, 1966; Amdt. 171-7, 35 FR 12711, Aug. 11, 1970]
Each Special Tariff Permission to file fares, or other tariff provisions on less than statutory notice shall be used in its entirety as granted. If it is not desired to use the permission as granted, and lesser or more extensive or different permission is desired, a new application for Special Tariff Permission conforming with §221.121 in all respects and referring to the previous permission
This part applies to all scheduled direct air carrier operations in interstate and overseas air transportation. It applies to all contracts with passengers, for those operations, that incorporate terms by reference.
[ER-1323, 48 FR 6318, Feb. 11, 1983, as amended by Doc. No. DOT-OST-2014-0140, 84 FR 15932
Members of the flight crew of a foreign civil aircraft shall have in their personal possession valid airman certificates or licenses authorizing them to perform their assigned functions in the aircraft and for the operation involved issued or rendered valid by the country of registry of the aircraft or by the United States. No such flight crew members shall perform any flight duty within the United States that they are not currently authorized to perform in the country issuing or validating