(a) For each SNF and NF, the State survey agency must conduct standard surveys that include all of the following: (1) A case-mix stratified sample of residents; (2) A survey of the quality of care furnished, as measured by indicators of medical, nursing, and rehabilitative care, dietary and nutrition services, activities and social participation, and sanitation, infection control, and the physical

with the requirements of this subpart; or (iv) Use Federal standards, protocols, and the forms, methods and procedures specified by CMS in manual instructions; or (2) Fails to identify an immediate jeopardy situation. (b) Inadequate survey performance does not— (1) Relieve a SNF or NF of its obligation to meet all requirements for program participation; or

The laboratory director is responsible for the overall operation and administration of the laboratory, including the prompt, accurate, and proficient reporting of test results. The laboratory director must— (a) Direct no more than five laboratories; and (b) Ensure that any procedure listed under §493.19(c

) The amount of money, remuneration, damages, or tainted claims involved in the violation was $15,000 or more; or (d) Patient harm, premature discharge, or a need for additional services or subsequent hospital admission resulted, or could have resulted, from the incident; and (e) The contracting organization knowingly or routinely engaged in any prohibited practice that acted as an inducement to reduce or limit medically necessary

A subpoena issued under this part will— (a) State the name of the individual or entity to whom the subpoena is addressed; (b) State the statutory authority for the subpoena; (c) Indicate the date, time and place that the investigational inquiry at which the witness is to testify will take place; (d) Include a reasonably specific

other means. No particular form for the trust instrument is required. A trust may meet the requirements of section 501(c)921) although the trust instrument fails to contain provisions the effects of which are to prohibit acts that are subject to section 4951 (relating to taxes on self-dealing), section 4952 (relating to taxes on taxable expenditures) or the retention of contributions subject to section 4953 (relating to tax on excess contributions to black lung benefit trusts).

respect to certain rehabilitations of certified historic structures as defined in section 191, in the same manner and to the same extent as in the case of an individual. However, the principles governing the apportionment of the deductions for depreciation and depletion between fiduciaries and the beneficiaries of an estate or trust (see sections 167(h) and 611(b) and the regulations thereunder) shall be applicable with respect to such amortization deductions.

extension as to any part of the amount to which such extension relates which he deems should be terminated. (b) Jeopardy. If the district director believes that the collection of any amount to which an extension under section 6164 relates is in jeopardy, he will immediately terminate the extension. In the case of such a termination, notice and demand shall be made by the district director for payment of such amount, and there may be

excluded from the definition of “wages” pursuant to section 3121(a)(1) through (20). For example, a fringe benefit provided to or on behalf of an employee is excluded from the definition of “wages” if at the time such benefit is provided it is reasonable to believe that the employee will be able to exclude such benefit from income under section 117 or 132. [T.D. 8004, 50 FR 755, Jan. 7, 1985]

(b) For purposes of this exception, the citizenship or residence of the employee is immaterial.

countries by employees of the United States Government or of an instrumentality thereof; and (3) The Secretary of State certifies to the Secretary of the Treasury that the foreign government, with respect to whose instrumentality exemption is claimed, grants an equivalent exemption with respect to services performed in the foreign country by employees of the United States Government and of instrumentalities thereof. (b) For purposes of

, highway-type tires, taxable fuel, aviation fuel, coal, certain vaccines, sporting goods, and taxable medical devices. Although chapter 32 also imposes a tax on firearms, this tax is under the jurisdiction of the Bureau of Alcohol, Tobacco, and Firearms. See part 40 of this chapter for regulations relating to returns, payments, and deposits of taxes imposed by chapters 31 and 32 (other than the tax on firearms imposed by section 4181). [T.D. 8442, 57 FR

(a) Requirement. Each district director shall keep a record of all sales under section 6335 of real property situated within his district and of redemptions of such property. The records shall set forth (1) the tax for which any such sale was made, the dates of seizure and sale, the name of the party assessed and all proceedings in making such sale, the amount of expenses, the names of the purchasers, the date of the deed, and

In the case of a deficiency attributable to the application to the taxpayer of a net operating loss or capital loss carryback (including deficiencies which may be assessed pursuant to the provisions of section 6213(b)(2)), such deficiency may be assessed at any time before the expiration of the period within which a deficiency for the taxable year of the net operating loss or net capital loss which results in such carryback may be assessed. In the case of a

§5.55(c). (b) In conducting the system analysis, the following information must be considered: (1) Function and purpose of the system. (2) The system's operating environment. (3) An outline of the system's processes and procedures. (4) The personnel, equipment, and facilities necessary for operation of the system.

, Enforcement, the Assistant Chief Counsel, Regulations, the Assistant Chief Counsel, Europe, Africa, and Middle East Area Office, each Regional Counsel, and the Aeronautical Center Counsel send a copy of the report to the appropriate military authority for such disciplinary action as that authority considers appropriate and a report to the Administrator thereon. [Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as amended by Amdt. 13-19, 54 FR 39290, Sept. 25, 1989

Any Hearing Officer may— (a) Give notice concerning, and hold, prehearing conferences and hearings; (b) Administrator oaths and affirmations; (c) Examine witnesses; (d) Adopt procedures for the submission of evidence in written form; (e) Issue subpoenas and take depositions or cause them to be taken;

Whenever the Chief Counsel, the Assistant Chief Counsel, Enforcement, the Assistant Chief Counsel, Europe, Africa, and Middle East Area Office, or a Regional Counsel has reason to believe that a person is engaging in the transportation or shipment by air of hazardous materials in violation of the Hazardous Materials Transportation Act, or any regulation or order issued under it for which the FAA exercises enforcement responsibility, and the circumstances do not

be distributed to conservatively approximate or closely represent actual conditions. Methods used to determine load intensities and distribution must be validated by flight load measurement unless the methods used for determining those loading conditions are shown to be reliable. (c) If deflections under load would significantly change the distribution of external or internal loads, this redistribution must be taken into account.

In addition to §25.479(d)(2) the following conditions must be considered: (a) For the side load condition, the airplane is assumed to be in the level attitude with only the main wheels contacting the ground, in accordance with figure 5 of appendix A. (b) Side loads of 0.8 of the vertical reaction (on one

accomplish feathering with the trapped oil must be shown. This may be done on the ground using an auxiliary source of oil for lubricating the engine during operation. (d) Provision must be made to prevent sludge or other foreign matter from affecting the safe operation of the propeller feathering system. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25-38, 41 FR 55467, Dec. 20, 1976]

For airplanes equipped with an accessory gearbox that is not certificated as part of an engine— (a) The engine with gearbox and connecting transmissions and shafts attached must be subjected to the tests specified in §33.49 or §33.87 of this

(b) For elevated heliports, the takeoff distance is the horizontal distance along the takeoff path from the start of the takeoff to the point at which the rotorcraft attains and maintains a speed of at least VTOSS and establishes a positive rate of climb, assuming the critical engine failure occurs at the engine failure point prior to the takeoff decision point. [Doc

(a) Each item of installed equipment must— (1) Be of a kind and design appropriate to its intended function; (2) Be permanently and legibly marked or, if the item is too small to mark, tagged as to its identification, function, or operating limitations, or any applicable combination of those factors; (3) Be installed according to limitations specified for that

(a) Engine design and construction must minimize the development of an unsafe condition of the engine between overhaul periods. The design of the compressor and turbine rotor cases must provide for the containment of damage from rotor blade failure. Energy levels and trajectories of fragments resulting from rotor blade failure that lie outside the compressor and turbine rotor cases must be defined. (b) Each component of the propeller

instructor ground or flight training; (c) Completion of an approved flight instructor refresher course and receipt of a graduation certificate for that course; or (d) An endorsement from an authorized instructor certifying that the person has demonstrated knowledge in the subject areas prescribed under §61.213(a)(3) and (a)(4), as appropriate

(b) Other provisions of this part apply to the logging of flight time and testing. (c) This subpart applies to applicants for, and holders of, sport pilot certificates. It also applies to holders of recreational pilot certificates and higher, as provided in §61.303. [Doc. No. FAA-2001-11133, 69 FR 44869, July 27, 2004

and areas of operation: (a) The use of radios, communications, navigation system/facilities, and radar services. (b) Operations at airports with an operating control tower to include three takeoffs and landings to a full stop, with each landing involving a flight in the traffic pattern, at an airport with an operating control tower. (c) Applicable flight rules of part 91 of this chapter for operations

(a) To be eligible to take the aircraft dispatcher knowledge test, a person must be at least 21 years of age. (b) To be eligible for an aircraft dispatcher certificate, a person must— (1) Be at least 23 years of age; (2) Be able to read, speak, write, and understand the English language; (3) Pass the required knowledge test prescribed

conditions specified in §117.15(a), (c), (d), and (e). Otherwise, no certificate holder may schedule and no flightcrew member may accept more than three consecutive flight duty periods that infringe on the window of circadian low. For purposes of this section, any split duty rest that is provided in accordance with