Legal · US

225,069 document(s) from the ingested source(s); showing 100.

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Accelerated decision.

CFR · 2024-01-01 · US · Title 40

(a) (1) Untimely or insufficient objections filed pursuant to § 164.20; (2) Failure to comply with discovery orders; (3) Failure to comply with prehearing orders; (4) Failure to appear or to proceed at prehearing conferences; (5) Failure to appear at the hearing; (6) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel. (7) Theat there is no genuine issue of any material fact and that the respondent is entitled to judgment as a matter of law; or (8) Such other and further reasons as are just. (b)

official document · source cfr-2024

Accelerated decision; decision to dismiss.

CFR · 2024-01-01 · US · Title 40

(a) (b) (2) If an accelerated decision or a decision to dismiss is rendered on less than all issues or claims in the proceeding, the Presiding Officer shall determine what material facts exist without substantial controversy and what material facts remain controverted. The partial accelerated decision or the order dismissing certain counts shall specify the facts which appear substantially uncontroverted, and the issues and claims upon which the hearing will proceed.

official document · source cfr-2024

Accelerated decision; decision to dismiss.

CFR · 2024-01-01 · US · Title 45

(a) (b) (2) If an accelerated decision or a decision to dismiss is rendered on less than all issues or claims in the proceeding, the Presiding Officer shall determine what material facts exist without substantial controversy and what material facts remain controverted in good faith. He shall then issue an interlocutory order specifying the facts which appear substantially uncontroverted, and the issues and claims upon which the hearing will proceed.

official document · source cfr-2024

Accelerated decision; dismissal.

CFR · 2024-01-01 · US · Title 40

(a) The administrative law judge, upon motion of any party or sua sponte, may at any time render an accelerated decision in favor of the Agency or the respondent as to all or any part of the proceeding, without further hearing or upon such limited additional evidence such as affidavits as he or she may require, or dismiss any party with prejudice, under any of the following conditions: (1) Failure to state a claim upon which relief can be granted, or direct or collateral estoppel; (2) No genuine issue of material fact exists and a party is entitled to judgment as a matter of law, as to all or any part of a proceeding; or (3) Such other reasons as are just, including failure to obey a procedural order of the administrative law judge. (b) If under this section an accelerated decision is issued as to all the issues and claims joined in the proceedings, the decision shall be treated as the decision of the administrative law judge as provided in § 209.30. (c) If under this section, judgment is rendered on less than all issues or claims in the proceeding, the administrative law judge shall determine what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. The administrative law judge shall thereupon issue an order specifying the facts which appear without substantial controversy, and the issues and claims upon which the hearing will proceed.

official document · source cfr-2024

Accelerated disposition of protest.

CFR · 2024-01-01 · US · Title 19

(a) (b) (1) The name, address, and importer number of the protestant, (2) The date of filing and number of the protest for which accelerated disposition is requested. (c) (d) (e)

official document · source cfr-2024

Accelerated implementation.

CFR · 2024-01-01 · US · Title 12

(a) On a case-by-case basis, the FDIC may accelerate, upon notice, the implementation time frame for all or part of the requirements of this part for a covered institution that: (1) Has a composite rating of 3, 4, or 5 under the Uniform Financial Institution's Rating System ( (2) Is undercapitalized, as defined under the prompt corrective action provisions of 12 CFR part 324; or (3) Is determined by the appropriate federal banking agency or the FDIC in consultation with the appropriate federal banking agency to be experiencing a significant deterioration of capital or significant funding difficulties or liquidity stress, notwithstanding the composite rating of the covered institution by its appropriate federal banking agency in its most recent report of examination. (b) In implementing this section, the FDIC must consult with the covered institution's appropriate federal banking agency and consider the complexity of the covered institution's deposit system and operations, extent of the covered institution's asset quality difficulties, volatility of the institution's funding sources, expected near-term changes in the covered institution's capital levels, and other relevant factors appropriate for the FDIC to consider in its role as insurer of the covered institution.

official document · source cfr-2024

Accelerated order, order to dismiss.

CFR · 2024-01-01 · US · Title 40

(a) (b) (2) If an accelerated order or an order to dismiss is rendered on less than all issues in the proceeding, the Presiding Officer shall determine what material facts exist without substantial controversy and what material facts remain controverted in good faith. He shall thereupon issue an interlocutory order specifying the facts which appear substantially uncontroverted, and the issues upon which the hearing will proceed.

official document · source cfr-2024

Accelerated payment methods.

CFR · 2024-01-01 · US · Title 5

(a) (b) (c) (d)

official document · source cfr-2024

Accelerated payment.

CFR · 2024-01-01 · US · Title 19

(a) (2) (3) (b) (1) (i) Company name and address; (ii) Internal Revenue Service (IRS) number (with suffix); (iii) Identity (by name and title) of the person in claimant's organization who will be responsible for the drawback program; (iv) Description of the bond coverage the applicant intends to use to cover accelerated payments of drawback ( (A) Identity of the surety to be used; (B) Dollar amount of bond coverage for the first year under the accelerated payment procedure; and (C) Procedures to ensure that bond coverage remains adequate (that is, procedures to alert the applicant when and if its accelerated payment potential liability exceeds its bond coverage); (v) Description of merchandise and/or articles covered by the application; (vi) Provision(s) of drawback covered by the application; and (vii) Estimated dollar value of potential drawback during the next 12-month period covered by the application. (2) (3) (4) (i) The name of the official in the claimant's organization who is responsible for oversight of the claimant's drawback program; (ii) The procedures and controls demonstrating compliance with the statutory and regulatory drawback requirements; (iii) The parameters of claimant's drawback recordkeeping program, including the retention period and method (for example, paper, electronic, etc.); (iv) A list of the records that will be maintained, including at least sample import documents, sample export documents or evidence of destruction, sample inventory and transp

official document · source cfr-2024

Accelerated payment.

CFR · 2024-01-01 · US · Title 19

(a) (2) (3) (b) (1) (i) Company name and address; (ii) Internal Revenue Service (IRS) number (with suffix); (iii) Identity (by name and title) of the person in claimant's organization who will be responsible for the drawback program; (iv) Description of the bond coverage the applicant intends to use to cover accelerated payments of drawback (see paragraph (d) of this section), including: (A) Identity of the surety to be used; (B) Dollar amount of bond coverage for the first year under the accelerated payment procedure; and (C) Procedures to ensure that bond coverage remains adequate (that is, procedures to alert the applicant when and if its accelerated payment potential liability exceeds its bond coverage); (v) Description of merchandise and/or articles covered by the application; (vi) Type(s) of drawback covered by the application; and (vii) Estimated dollar value of potential drawback during the next 12-month period covered by the application. (2) (3) (4) (i) The name of the official in the claimant's organization who is responsible for oversight of the claimant's drawback program; (ii) The procedures and controls demonstrating compliance with the statutory and regulatory drawback requirements; (iii) The parameters of claimant's drawback record-keeping program, including the retention period and method (for example, paper, electronic, etc.); (iv) A list of the records that will be maintained, including at least sample import documents, sample export documents, sample inven

official document · source cfr-2024

Accelerated payments, payment of tuition assistance top-up, and licensing or certification test reimbursement.

CFR · 2024-01-01 · US · Title 38

(a) (1) The amount equal to 60 percent of the charged tuition and fees for the term, quarter, or semester (or the entire program of education for those programs not offered on a term, quarter, or semester basis), or (2) The aggregate amount of basic educational assistance to which the individual remains entitled under 38 U.S.C. chapter 30 at the time of the payment. (b) (1) All of the charges of the educational institution for the individual's education or training that the Secretary of the military department concerned has not paid under 10 U.S.C. 2007(a) or 2007(c); (2) That portion of the charges of the educational institution for the individual's education that the Secretary of the military department concerned has not paid under 10 U.S.C. 2007(a) or 2007(c) and for which the individual has stated to VA that he or she wishes to receive payment; (3) An amount VA will determine by multiplying the individual's remaining months and days of entitlement to educational assistance as provided under § 21.7072 or § 21.7073 by the individual's monthly rate of basic educational assistance as provided under § 21.7136 or § 21.7137, as appropriate; (4) An amount VA will determine by multiplying the individual's remaining months and days of entitlement to tuition assistance top-up as provided under § 21.7075 by the individual's monthly rate of basic educational assistance as provided under § 21.7136 or § 21.7137, as appropriate; or (5) An amount VA will determine by— (i) Dividing the tot

official document · source cfr-2024

Accelerated procedure [Rule 53].

CFR · 2024-01-01 · US · Title 48

(a) (b) (c)

official document · source cfr-2024

Accelerated procedures.

CFR · 2024-01-01 · US · Title 5

OPM may make an administrative offset against a payment to be made to the debtor prior to the completion of the procedures required by §§ 179.304 and 179.305 if failure to take the offset would substantially jeopardize OPM's ability to collect the debt, and the time before the payment is to be made does not reasonably permit the completion of those procedures. Such prior offset shall be promptly followed by the completion of those procedures. Amounts recovered by offset but later found not to be owed to OPM shall be promptly refunded.

official document · source cfr-2024

Accelerated process.

CFR · 2024-01-01 · US · Title 49

(a) (b) (i) A particularized description of the commodities and volumes which would be subject to the requested relief and the timing necessary for such relief, including why potential relief under § 1146.1 would be ineffective; (ii) A particularized explanation of how the measurable deterioration or other demonstrated inadequacy, absent the requested relief, presents imminent significant harm and threatens potentially severe adverse consequences as specified in paragraph (a) of this section; (iii) A description of specific and particularized action that could be performed by the incumbent carrier or an alternative carrier and ordered by the Board to relieve the potential harm and adverse consequences; (iv) A summary description of the efforts taken to resolve the matter prior to filing the petition, which must be verified by a person or persons with knowledge of the efforts taken to resolve the matter; and (v) Contact information for the incumbent carrier. (vi) The petition will be limited to five (5) substantive pages, not including the cover page, verifications, or certificate of service. (2) (i) After the Board receives the petition for accelerated relief, a telephonic or virtual conference, led by designated Board staff, will be held no sooner than 24 hours after receipt of the filing, but no later than 48 hours after receipt of the filing, if practicable. Designated Board staff may continue to work on the case after the conference. (ii) Required parties for the conferen

official document · source cfr-2024

Accelerated relocation payment.

CFR · 2024-01-01 · US · Title 47

(a) Eligible space station operators that meet the applicable early-clearing benchmark(s), as confirmed in their Certification of Accelerated Relocation set-forth in § 27.1412(g), will be eligible for their respective accelerated relocation payment. (b) The Relocation Payment Clearinghouse will distribute the accelerated relocation payments accordingly: (c) The Relocation Payment Clearinghouse shall promptly notify 3.7 GHz Service licensees following validation of the certification of accelerated relocations as set-forth in Section 27.1412(g). 3.7 GHz Service licensees shall pay the accelerated relocation payments to the Clearinghouse within 60 days of the notice that eligible space station operators have met their respective accelerated clearing benchmark. The Clearinghouse shall disburse accelerated relocation payments to relevant space station operators within seven days of receiving the payment from overlay licensees. (d) For eligible space station operators that fail to meet either the Phase I or Phase II benchmarks as of the relevant accelerated relocation deadline, the accelerated relocation payment will be reduced according to the following schedule of declining accelerated relocation payments for the six months following the relevant deadline:

official document · source cfr-2024

Accelerated remedy program.

CFR · 2024-01-01 · US · Title 49

(a) An accelerated remedy program is one in which the manufacturer expands (b) The Administrator may require a manufacturer to accelerate its remedy program if: (1) The Administrator finds that there is a risk of serious injury or death if the remedy program is not accelerated; (2) The Administrator finds that acceleration of the remedy program can be reasonably achieved by expanding the sources of replacement parts, expanding the number of authorized repair facilities, or both; and (3) The Administrator determines that the manufacturer's remedy program is not likely to be capable of completion within a reasonable time. (c) The Administrator, in deciding whether to require the manufacturer to accelerate a remedy program and what to require the manufacturer to do, will consult with the manufacturer and may consider a wide range of information, including, but not limited to, the following: the manufacturer's initial or revised report submitted under § 573.6(c), information from the manufacturer, information from other manufacturers and suppliers, information from any source related to the availability and implementation of the remedy, and the seriousness of the risk of injury or death associated with the defect or noncompliance. (d) As required by the Administrator, an accelerated remedy program shall include the manner of acceleration (expansion of the sources of replacement parts, expansion of the number of authorized repair facilities, or both), may require submission of a p

official document · source cfr-2024

Accelerated response.

CFR · 2024-01-01 · US · Title 38

(a) The Secretary, in the exercise of his or her discretion, may provide notice to records subjects of a data breach and/or offer them other credit protection services prior to the completion of a risk analysis if: (1) The Secretary determines, based on the information available to the agency when it learns of the data breach, that there is an immediate, substantial risk of identity theft of the individuals whose data was the subject of the data breach, and providing timely notice may enable the record subjects to promptly take steps to protect themselves, and/or the offer of other credit protection services will assist in timely mitigation of possible harm to individuals from the data breach; or (2) Private entities would be required to provide notice under Federal law if they experienced a data breach involving the same or similar information. (3) In situations described in paragraphs (a)(1) or (a)(2) of this section, the Secretary may provide notice of the breach prior to completion of a risk analysis, and subsequently advise individuals whether the agency will offer additional credit protection services upon completion, and consideration of the results, of the risk analysis, if the Secretary directs that one be completed. (b) In determining whether to promptly notify individuals and/or offer them other credit protection services under paragraph (a)(1) of this section, the Secretary shall make the decision based upon the totality of the circumstances and information availa

official document · source cfr-2024

Accelerated task order procedures.

CFR · 2024-01-01 · US · Title 48

As prescribed at 2016.506-70(b), the contracting officer may insert the following clause in applicable solicitations and contracts that contain task order procedures. This clause may be altered to fit the circumstances of the requirement.

official document · source cfr-2024

Accelerated weathering test.

CFR · 2024-01-01 · US · Title 46

(a) Condition the flag, folded to (b) Unfold and suspend flag by the lines provided, secured through each grommet. (c) Subject the flag to alternate 3 minute cycles of 5% by weight sodium chloride solution at 55 degrees (±5°) C and air blasts of 40 knots at 55 degrees (±5°) C, perpendicular to and over the entire surface of one side of the flag, without interruption for a period of not less than 24 hours. (d) The flag fails the accelerated weathering test if (1) After conditioning, the flag cannot be unfolded without damage, (2) There is any tearing, (3) The flag does not retain its bright red/orange color, (4) The disc and square images no longer meet the requirements of § 160.072-3(a)(3) or, (5) There is any visible rot over more than 3% of the flag's surface.

official document · source cfr-2024

Acceleration and deceleration verification.

CFR · 2024-01-01 · US · Title 40

(a) (b) (c) (1) Set up start and stop frequencies specific to your dynamometer by identifying the roll-revolution frequency, (2) Program the dynamometer to accelerate the roll at a nominal rate of 1 mi/hr/s from 10 mi/hr to 40 mi/hr. Measure the elapsed time to reach the target speed, to the nearest 0.01 s. Repeat this measurement for a total of five runs. Determine the actual acceleration rate for each run, (3) Program the dynamometer to decelerate the roll at a nominal rate of 1 (mi/hr)/s from 40 mi/hr to 10 mi/hr. Measure the elapsed time to reach the target speed, to the nearest 0.01 s. Repeat this measurement for a total of five runs. Determine the actual acceleration rate, (4) Repeat the steps in paragraphs (c)(2) and (3) of this section for additional acceleration and deceleration rates in 1 (mi/hr)/s increments up to and including one increment above the maximum acceleration rate expected during testing. Average the five repeat runs to calculate a mean acceleration rate, (5) Compare each mean acceleration rate, (d) (1) Calculate the force setting, (2) Set the dynamometer to road-load mode and program it with a calculated force to accelerate the roll at a nominal rate of 1 (mi/hr)/s from 10 mi/hr to 40 mi/hr. Measure the elapsed time to reach the target speed, to the nearest 0.01 s. Repeat this measurement for a total of five runs. Determine the actual (3) Repeat the steps in paragraph (d)(2) of this section for additional acceleration and deceleration rates as specifi

official document · source cfr-2024

Acceleration and foreclosure moratorium.

CFR · 2024-01-01 · US · Title 7

(a) Notwithstanding any other provisions of this subpart, borrowers who file or have filed a program discrimination complaint that is accepted by USDA Office of Adjudication or successor office (USDA), and have been serviced to the point of acceleration or foreclosure on or after May 22, 2008, will not have their account accelerated or liquidated until such complaint has been resolved by USDA or closed by a court of competent jurisdiction. This moratorium applies only to program loans made under subtitle A, B, or C of the Act (for example, CL, FO, OL, EM, SW, or RL). Interest will not accrue and no offsets will be taken on these loans during the moratorium. Interest accrual and offsets will continue on all other loans, including, but not limited to, non-program loans. (1) If the Agency prevails on the program discrimination complaint, the interest that would have accrued during the moratorium will be reinstated on the account when the moratorium terminates, and all offsets and servicing actions will resume. (2) If the borrower prevails on the program discrimination complaint, the interest that would have accrued during the moratorium will not be reinstated on the account unless specifically required by the settlement agreement or court order. (b) The moratorium will begin on: (1) May 22, 2008, if the borrower had a pending program discrimination claim that was accepted by USDA as valid and the account was at the point of acceleration or foreclosure on or before that date; or

official document · source cfr-2024

Acceleration event exceptions.

CFR · 2024-01-01 · US · Title 26

(a) (b) (2) (3) (4) (5) (6) (7) (c) (2) (3) (4) (5) (A) The lower-tier section 721(c) partnership is a section 721(c) partnership or is treated as a section 721(c) partnership. (B) The gain deferral method is applied with respect to the section 721(c) property in the hands of the lower-tier section 721(c) partnership. (C) The gain deferral method is applied with respect to the section 721(c) partnership's interest in the lower-tier (ii) (A) The gain deferral method is continued with respect to the section 721(c) property in the hands of the section 721(c) partnership. (B) The upper-tier section 721(c) partnership is, or is treated as, a section 721(c) partnership. (C) If the upper-tier section 721(c) partnership directly owns its interest in the section 721(c) partnership, the gain deferral method is applied with respect to the upper-tier section 721(c) partnership's interest in the section 721(c) partnership. See § 1.721(c)-3(b)(5) and (d)(1). (D) If the upper-tier section 721(c) partnership indirectly owns its interest in the section 721(c) partnership through one or more partnerships, the principles of paragraphs (c)(5)(ii)(B) and (C) of this section are applied with respect to each partnership through which the upper-tier section 721(c) partnership indirectly owns an interest in the section 721(c) partnership. (d) (2) (3) (e) (f) (g) (2)

official document · source cfr-2024

Acceleration events.

CFR · 2024-01-01 · US · Title 26

(a) (b) (2) (ii) Certain failures to comply with procedural and reporting requirements. Notwithstanding paragraph (b)(2)(i) of this section, an acceleration event will not occur solely as a result of a failure to comply with a requirement of § 1.721(c)-3(b)(3) that is not willful. See §§ 1.721(c)-6(f) and 1.6038B-2(h)(3). (3) (4) (c) (1) (2) (d)

official document · source cfr-2024

Acceleration of a license expiration date.

CFR · 2024-01-01 · US · Title 18

(a) (2) If the Commission grants the request for acceleration pursuant to paragraph (c) of this section, the Commission will deem the request for acceleration to be a notice of intent under § 16.6 of this chapter and, unless the Commission directs otherwise, the licensee must make available the Pre-Application Document provided for in § 5.6 no later than 90 days from the date that the Commission grants the request for acceleration. (b) (i) Publishing notice in the (ii) Publishing notice once in a daily or weekly newspaper published in the county or counties in which the project or any part thereof or the lands affected thereby are situated; and (iii) Notifying appropriate Federal, state, and interstate resource agencies and Indian tribes, and non-governmental organizations likely to be interested, by electronic means if practical, otherwise by mail. (2) The notice issued pursuant to paragraphs (b)(1)(A) and (B) and the written notice given pursuant to paragraph (b)(1)(C) will be considered as fulfilling the notice provisions of § 16.6(d) of this chapter should the Commission grant the acceleration request and will include an explanation of the basis for the licensee's acceleration request. (c)

official document · source cfr-2024

Acceleration of a license expiration date.

CFR · 2024-01-01 · US · Title 18

(a) (2) If the Commission grants the request for acceleration pursuant to paragraph (c), the Commission will deem the request for acceleration to be a notice of intent under § 16.6 and, unless the Commission directs otherwise, the licensee shall make available the information specified in § 16.7 no later than 90 days from the date that the Commission grants the request for acceleration. (b) (i) Publishing notice in the (ii) Publishing notice once in a daily or weekly newspaper published in the county or counties in which the project or any part thereof or the lands affected thereby are situated; and (iii) Notifying appropriate Federal, state, and interstate resource agencies and Indian tribes by mail. (2) The notice issued pursuant to paragraphs (1) (i) and (ii) and the written notice given pursuant to paragraph (1)(iii) will be considered as fulfilling the notice provisions of § 16.6(d) should the Commission grant the acceleration request and will include an explanation of the basis for the licensee's acceleration request. (c)

official document · source cfr-2024

Acceleration of effective date.

CFR · 2024-01-01 · US · Title 17

(a) Requests for acceleration of the effective date of a registration statement shall be made by the registrant and the managing underwriters of the proposed issue, or, if there are no managing underwriters, by the principal underwriters of the proposed issue, and shall state the date upon which it is desired that the registration statement shall become effective. Such requests may be made in writing or orally, provided that, if an oral request is to be made, a letter indicating that fact and stating that the registrant and the managing or principal underwriters are aware of their obligations under the Act must accompany the registration statement for a pre-effective amendment thereto) at the time of filing with the Commission. Written requests may be sent to the Commission by facsimile transmission. If, by reason of the expected arrangement in connection with the offering, it is to be requested that the registration statement shall become effective at a particular hour of the day, the Commission must be advised to that effect not later than the second business day before the day which it is desired that the registration statement shall become effective. A person's request for acceleration will be considered confirmation of such person's awareness of the person's obligations under the Act. Not later than the time of filing the last amendment prior to the effective date of the registration statement, the registrant shall inform the Commission as to whether or not the amount of

official document · source cfr-2024

Acceleration of establishment of restitution procedure.

CFR · 2024-01-01 · US · Title 17

The procedures provided for by §§ 10.111 through 10.113 may be initiated prior to the issuance of the initial decision of the Administrative Law Judge and may be combined with the hearing in the proceeding, either upon motion by the Division of Enforcement or if the Administrative Law Judge, acting on his own initiative or upon motion by a respondent, concludes that the presentation, consideration and resolution of the issues relating to the restitution procedure will not materially delay the conclusion of the hearing or the issuance of the initial decision.

official document · source cfr-2024

Acceleration of loans to American Indian borrowers.

CFR · 2024-01-01 · US · Title 7

(a) (2) The Agency accelerates all of the borrower's loans at the same time, regardless of whether each individual loan is delinquent or not. (3) All borrowers must receive prior notification in accordance with subpart C of this part, except for borrowers who fail to graduate in accordance with § 766.101(a)(8). (4) At the time of acceleration, the Agency will notify the borrower and the Tribe that has jurisdiction over the Indian reservation of: (i) The possible outcomes of a foreclosure sale and the potential impacts of those outcomes on rights established under paragraphs (a)(4)(ii) and (iii) of this section; (ii) The priority for purchase of the property acquired by the Agency through voluntary conveyance or foreclosure; (iii) Transfer of acquired property to the Secretary of the Interior if the priority of purchase of the property established under paragraph (a)(4)(ii) of this section is not exercised. (b) (1) Request the Tribe, having jurisdiction over the Indian reservation in which the real property is located, be assigned the loan; (i) The Tribe will have 30 calendar days after the Agency notification of such request to accept the assignment of the loan. (ii) The Tribe must pay the Agency the lesser of the outstanding Agency indebtedness secured by the real estate or the market value of the property. (iii) The Tribe may pay the amount in a lump sum or according to the rates, terms and requirements established in part 770 of this chapter, subject to the following: (A)

official document · source cfr-2024

Acceleration of loans.

CFR · 2024-01-01 · US · Title 7

(a) (i) State law imposes separate restrictions on accelerations; (ii) The borrower is American Indian, whose real estate is located on an Indian reservation. (2) The Agency accelerates all of the borrower's loans at the same time, regardless of whether each individual loan is delinquent or not. (3) All borrowers must receive prior notification in accordance with subpart C of this part, except for borrowers who fail to graduate in accordance with § 766.101(a)(8). (b) (c) (1) Pay the account in full; (2) Transfer the security to a third party in accordance with part 765, subpart I of this chapter; (3) Sell the security property in accordance with § 766.352; or (4) Voluntarily convey the security to the Agency in accordance with §§ 766.353 and 766.354, as appropriate. (d) (e)

official document · source cfr-2024

Acceleration of payment.

CFR · 2024-01-01 · US · Title 26

(a) (b) (2) The term “undistributed net income” of the estate for any taxable year for purposes of this section is the amount by which the distributable net income of the estate, as defined in section 643, exceeds the sum of— (i) The amount for such year specified in section 661(a) (1) and (2), (ii) The amount of the Federal income tax imposed on the estate for such taxable year under Chapter I of the Code, and (iii) The amount of the Federal estate tax, including interest thereon, paid for the estate during such taxable year (other than any amount paid by reason of the application of this acceleration rule). (3) The payment described in subparagraph (1) of this paragraph shall be applied against the total unpaid portion of the tax which the executor elected to pay in installments, and shall be divided equally among the installments due after the date of such payment. The application of this subparagraph may be illustrated by the following example: (c) (d) (2) If a distribution in redemption of stock is (by reason of the provisions of section 303 or so much of section 304 as relates to section 303) treated for income tax purposes as a distribution in full payment in exchange for the stock so redeemed, the amount of such distribution is not counted as a withdrawal of money or other property made with respect to the decedent's interest in the trade or business for purposes of determining whether the withdrawals of money or other property made with respect to the decedent's inte

official document · source cfr-2024

Acceptability of broadcast transmitters.

CFR · 2024-01-01 · US · Title 47

(a)(1) An AM, FM, or TV transmitter shall be approved for compliance with the requirements of this part following the Supplier's Declaration of Conformity procedures described in subpart J of part 2 of this chapter. (2) An LPFM transmitter shall be certified for compliance with the requirements of this part following the procedures described in part 2 of this chapter. (b) A permittee or licensee planning to modify a transmitter which has been certified or approved with Supplier's Declaration of Conformity must follow the requirements contained in § 73.1690. (c) A transmitter which was in use prior to January 30, 1955, may continue to be used by the licensee, and successors or assignees, if it continues to comply with the technical requirements for the type of station at which it is used. (d) AM stereophonic exciter-generators for interfacing with approved or verified AM transmitters may be certified upon request from any manufacturer in accordance with the procedures described in part 2 of this chapter. Broadcast licensees may modify their certified AM stereophonic exciter-generators in accordance with § 73.1690. (e) Additional rules covering certification and Supplier's Declaration of Conformity, modification of authorized transmitters, and withdrawal of a grant of authorization are contained in part 2 of this chapter.

official document · source cfr-2024

Acceptability of corporate sureties.

CFR · 2024-01-01 · US · Title 48

(a)(1) Corporate sureties offered for bonds furnished with contracts performed in the United States or its outlying areas must appear on the list contained in the Department of the Treasury's Listing of Approved Sureties (Treasury Department Circular 570), “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies.” (2) The penal amount of the bond should not exceed the surety's underwriting limit stated in the Treasury Department Circular 570.If the penal amount exceeds the underwriting limit, the bond will be acceptable only if (i) the amount which exceeds the specified limit is coinsured or reinsured and (ii) the amount of coinsurance or reinsurance does not exceed the underwriting limit of each coinsurer or reinsurer. (3) Coinsurance or reinsurance agreements shall conform to the Department of the Treasury (Treasury) regulations in 31 CFR 223.10 and 223.11. When reinsurance is contemplated, the contracting office generally shall require reinsurance agreements to be executed and submitted with the bonds before making a final determination on the bonds. (4) When specified in the solicitation, the contracting officer may accept a bond from the direct writing company in satisfaction of the total bond requirement of the contract. This is permissible until necessary reinsurance agreements are executed, even though the total bond requirement may exceed the insurer's underwriting limitation. The contractor shall exe

official document · source cfr-2024

Acceptability of corporate sureties.

CFR · 2024-01-01 · US · Title 48

Corporate surety bonds must be manually signed by the Attorney-in-Fact or officer of the surety company and the corporate seal affixed. The contracting officer may waive failure of the surety to affix the corporate seal as a minor informality. (See B-184120, July 2, 1975, 75-2 CPD 9.)

official document · source cfr-2024

Acceptability of costs of prior RD&D.

CFR · 2024-01-01 · US · Title 10

The contracting officer may not count any participant's costs of prior RD&D as a cost sharing contribution. Only the additional resources that the recipient will provide to carry out the current project (which may include pre-award costs for the current project, as described in § 603.830) are to be counted.

official document · source cfr-2024

Acceptability of customary title evidence.

CFR · 2024-01-01 · US · Title 24

If the title and title evidence are such as to be acceptable to prudent lending institutions and leading attorneys generally in the community in which the property is situated, such title and title evidence shall be satisfactory to the Secretary and shall be considered as good and marketable. In cases of disagreement, the Secretary will make the final decision.

official document · source cfr-2024

Acceptability of fully depreciated real property or equipment.

CFR · 2024-01-01 · US · Title 10

The contracting officer should limit the value of any contribution of a fully depreciated asset to a reasonable use charge. In determining what is reasonable, the contracting officer must consider: (a) The original cost of the asset; (b) Its estimated remaining useful life at the time of the negotiations; (c) The effect of any increased maintenance charges or decreased performance due to age; and (d) The amount of depreciation that the participant previously charged to Federal awards.

official document · source cfr-2024

Acceptability of individual sureties.

CFR · 2024-01-01 · US · Title 48

(a) An individual surety is acceptable for all types of bonds except position schedule bonds. Assets pledged by an individual surety shall meet the eligibility requirements of Treasury's Bureau of the Fiscal Service. Per 31 U.S.C. 9310, individual sureties must pledge eligible obligations, which Treasury refers to as acceptable collateral or eligible collateral. A list of acceptable assets, entitled “Acceptable Collateral for 31 CFR part 225,” may be accessed by going to (b)(1) An individual surety shall execute the bond (e.g., bid bond (SF 24), performance bond (SF 25), payment bond (SF 25A)). (2) The net adjusted value of unencumbered assets is their market value minus the margin. The margin tables are available at (3) The individual surety shall execute the SF 28, Affidavit of Individual Surety, and provide a security interest. One individual surety is adequate support for a bond, provided the net adjusted value of unencumbered assets pledged by that individual surety equals or exceeds the amount of the bond. (4) An offeror or contractor may submit up to three individual sureties for each bond, in which case the net adjusted value of the pledged unencumbered assets, when combined, must equal or exceed the penal amount of the bond. Each individual surety is jointly and severally liable to the extent of the penal amount of the bond. (c) Using the information from the SF 28 submitted by the offeror or contractor, the contracting officer shall notify the Treasury's collateral

official document · source cfr-2024

Acceptability of individual sureties.

CFR · 2024-01-01 · US · Title 48

Evidence of possible criminal or fraudulent activities by an individual surety shall be reported to the Office of Inspector General in accordance with Departmental Regulations (1700 series).

official document · source cfr-2024

Acceptability of individual sureties.

CFR · 2024-01-01 · US · Title 48

(a) Contracting officers shall obtain the opinion of the Procurement Counsel as to the adequacy of the documents pledging the assets of an individual surety prior to accepting bid guarantee and payment and performance bonds. (b) Evidence of possible criminal or fraudulent activities by an individual surety shall be referred to the DOC Office of Inspector General. Policies and procedures for the initiation and conduct of investigations by the Office of Inspector General are prescribed in DAO 207-10,

official document · source cfr-2024

Acceptability of individual sureties.

CFR · 2024-01-01 · US · Title 48

All assets pledged by individual sureties must be eligible obligations as defined in 31 CFR part 225, “Acceptable Collateral for Pledging to Federal Agencies.” This collateral will be placed in the custody of the U.S. Treasury, with a Federal Reserve Bank acting as the depositary until the completion of the obligation.

official document · source cfr-2024

Acceptability of individual surety.

CFR · 2024-01-01 · US · Title 48

(g) Evidence of possible criminal or fraudulent activities by an individual surety shall be referred to the Assistant Inspector General for Investigations.

official document · source cfr-2024

Acceptability of intellectual property.

CFR · 2024-01-01 · US · Title 10

(a) In most instances, the contracting officer should not count costs of patents and other intellectual property ( (1) It is difficult to assign values to these intangible contributions; (2) Their value usually is a manifestation of prior research costs, which are not allowed as cost share under § 603.545; and (3) Contributions of intellectual property rights generally do not represent the same cost of lost opportunity to a recipient as contributions of cash or tangible assets. The purpose of cost share is to ensure that the recipient incurs real risk that gives it a vested interest in the project's success. (b) The contracting officer may include costs associated with intellectual property if the costs are based on sound estimates of market value of the contribution. For example, a for-profit firm may offer the use of commercially available software for which there is an established license fee for use of the product. The costs of the development of the software would not be a reasonable basis for valuing its use.

official document · source cfr-2024

Acceptability of notarial acts under State or territorial law.

CFR · 2024-01-01 · US · Title 22

The acceptability with the jurisdiction of a State or Territory of the United States of a certificate of a notarial act performed by a notarizing officer depends upon the laws of the State or Territory.

official document · source cfr-2024

Acceptability of offers.

CFR · 2024-01-01 · US · Title 7

(a) Producers may submit offers for the amounts they are willing to accept as rental payments to enroll their acreage in CRP. The offers will, to the extent practicable, be evaluated on a competitive basis in which the offers selected will be those where the greatest environmental benefits relative to cost are generated, and provided that the offer is not in excess of the maximum acceptable payment rate established by CCC for the acreage offered. Acceptance or rejection of any offer, however, will be in the sole discretion of CCC and offers may be rejected for any reason as determined needed to accomplish the goals of CRP. (b) In evaluating offers, different factors may be considered by CCC for priority purposes to accomplish the goals of CRP. Such factors may include, but are not limited to: (1) Soil erosion; (2) Water quality (both surface and ground water); (3) Wildlife benefits; (4) Soil productivity; (5) Likelihood that enrolled land will remain in non-agriculture use beyond the contract period, considering, for example, tree planting, permanent wildlife habitat, or commitments by a participant to a State or other entity to extend the conservation plan; and (6) Cost of enrolling acreage in CRP. (c) Notwithstanding paragraph (b) of this section, when all other appropriate factors are equivalent, CCC may give preference to offers from residents of the county or contiguous county where the offered land is located. (d) Notwithstanding paragraph (a) of this section, acreage d

official document · source cfr-2024

Acceptability of offers.

CFR · 2024-01-01 · US · Title 7

(a) Acceptance or rejection of any contract offered will be at the sole discretion of CCC, and offers may be rejected for any reason as determined appropriate to accomplish the purposes of BCAP. (b) An offer to enroll land in BCAP will be irrevocable for such period as is determined and announced by CCC. The producer will be liable to CCC for liquidated damages if the applicant revokes an offer during the period in which the offer is irrevocable as determined by CCC. CCC may waive payment of such liquidated damages if CCC determines that the assessment of such damages, in a particular case, is not in the best interest of CCC and BCAP.

official document · source cfr-2024

Acceptability of partial payments.

CFR · 2024-01-01 · US · Title 38

A partial payment is a remittance by or on behalf of the borrower on a loan in default (as defined in § 36.4301) of any amount less than the full amount due under the terms of the loan and security instruments at the time the remittance is tendered. (a) Except as provided in paragraph (b) of this section, or upon the express waiver of the Secretary, the mortgage holder shall accept any partial payment and either apply it to the mortgagor's account or identify it with the mortgagor's account and hold it in a special account pending disposition. When partial payments held for disposition aggregate a full monthly installment, including escrow, they shall be applied to the mortgagor's account. (b) A partial payment may be returned to the mortgagor, within 10 calendar days from date of receipt of such payment, with a letter of explanation only if one or more of the following conditions exist: (1) The property is wholly or partially tenant-occupied and rental payments are not being remitted to the holder for application to the loan account; (2) The payment is less than one full monthly installment, including escrows and late charge, if applicable, unless the lesser payment amount has been agreed to under a repayment plan; (3) The payment is less than 50 percent of the total amount then due, unless the lesser payment amount has been agreed to under a repayment plan; (4) The payment is less than the amount agreed to in a repayment plan; (5) The amount tendered is in the form of a per

official document · source cfr-2024

Acceptability of the equipment.

CFR · 2024-01-01 · US · Title 47

(a) An EAS Encoder used for generating the EAS codes and the Attention Signal must be Certified in accordance with the procedures in part 2, subpart J, of this chapter. The data and information submitted must show the capability of the equipment to meet the requirements of this part as well as the requirements contained in part 15 of this chapter for digital devices. (b) Decoders used for the detection of the EAS codes and receiving the Attention Signal must be Certified in accordance with the procedures in part 2, subpart J, of this chapter. The data and information submitted must show the capability of the equipment to meet the requirements of this part as well as the requirements contained in part 15 of this chapter for digital devices. (c) The functions of the EAS decoder, Attention Signal generator and receiver, and the EAS encoder specified in §§ 11.31, 11.32 and 11.33 may be combined and Certified as a single unit provided that the unit complies with all specifications in this rule section. (d) Manufacturers must include instructions and information on how to install, operate and program an EAS Encoder, EAS Decoder, or combined unit and a list of all State and county ANSI numbers with each unit sold or marketed in the U.S. (e) Waiver requests of the Certification requirements for EAS Encoders or EAS Decoders which are constructed for use by an EAS Participant, but are not offered for sale will be considered on an individual basis in accordance with part 1, subpart G, o

official document · source cfr-2024

Acceptability of transmitters for licensing.

CFR · 2024-01-01 · US · Title 47

(a) Each transmitter must be certificated for use in these services, except as listed in paragraph (c) of this section. However, aircraft stations which transmit on maritime mobile frequencies must use transmitters certificated for use in ship stations in accordance with part 80 of this chapter. Certification under part 80 is not required for aircraft earth stations transmitting on maritime mobile-satellite frequencies. Such stations must be certificated under part 87. (b) Some radio equipment installed on air carrier aircraft must meet the requirements of the Commission and the requirements of the FAA. The FAA requirements may be obtained from the FAA, Aircraft Maintenance Division, 800 Independence Ave., SW., Washington, DC 20591. (c) The equipment listed below is exempted from certification. The operation of transmitters which have not been certificated must not result in harmful interference due to the failure of those transmitters to comply with technical standards of this subpart. (1) Flight test station transmitters for limited periods where justified. (2) U.S. Government transmitters furnished in the performance of a U.S. Government contract if the use of certificated equipment would increase the cost of the contract or if the transmitter will be incorporated in the finished product. However, such equipment must meet the technical standards contained in this subpart. (3) ELTs verified in accordance with § 87.147(e). (4) Signal generators when used as radionavigation l

official document · source cfr-2024

Acceptable Age of Supplies.

CFR · 2024-01-01 · US · Title 48

As prescribed in 511.404(a)(1), insert the following clause:

official document · source cfr-2024

Acceptable certificates.

CFR · 2024-01-01 · US · Title 16

A certificate that is in hard copy or electronic form and complies with all applicable requirements of this part 1110 meets the certificate requirements of section 14 of the CPSA. This does not relieve the importer or domestic manufacturer from the underlying statutory requirements concerning the supporting testing and/or other bases to support certification and issuance of certificates.

official document · source cfr-2024

Acceptable certifications.

CFR · 2024-01-01 · US · Title 29

(a) (b) (c)

official document · source cfr-2024

Acceptable cost sharing.

CFR · 2024-01-01 · US · Title 10

The contracting officer may accept any cash or in-kind contributions that meet all of the following criteria. (a) In the contracting officer's judgment, they represent meaningful cost sharing that demonstrates the recipient's commitment to the success of the RD&D project. Cash contributions clearly demonstrate commitment and they are strongly preferred over in-kind contributions. (b) They are necessary and reasonable for accomplishment of the RD&D project's objectives. (c) They are costs that may be charged to the project under § 603.625 and § 603.635, as applicable to the participant making the contribution. (d) They are verifiable from the recipient's records. (e) They are not included as cost sharing contributions for any other Federal award. (f) They are not paid by the Federal Government under another award, except: (1) Costs that are authorized by Federal statute to be used for cost sharing. (2) Independent research and development (IR&D) costs, as described in 48 CFR part 31.208-18, that meet all of the criteria in paragraphs (a) through (e) of this section. IR&D is acceptable as cost sharing, even though it may be reimbursed by the Government through other awards. It is standard business practice for all for-profit firms, including commercial firms, to recover their IR&D costs through prices charged to their customers. Thus, the cost principles at 48 CFR part 31 allow a for-profit firm that has expenditure-based, Federal procurement contracts to recover through those

official document · source cfr-2024

Acceptable delivery methods of opt-out notices.

CFR · 2024-01-01 · US · Title 17

(a) (b)

official document · source cfr-2024

Acceptable depository.

CFR · 2024-01-01 · US · Title 37

(a) A deposit shall be recognized for the purposes of these regulations if made in (1) Any International Depositary Authority (IDA) as established under the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure, or (2) Any other depository recognized to be suitable by the Office. Suitability will be determined by the Director on the basis of the administrative and technical competence, and agreement of the depository to comply with the terms and conditions applicable to deposits for patent purposes. The Director may seek the advice of impartial consultants on the suitability of a depository. The depository must: (i) Have a continuous existence; (ii) Exist independent of the control of the depositor; (iii) Possess the staff and facilities sufficient to examine the viability of a deposit and store the deposit in a manner which ensures that it is kept viable and uncontaminated; (iv) Provide for sufficient safety measures to minimize the risk of losing biological material deposited with it; (v) Be impartial and objective; (vi) Furnish samples of the deposited material in an expeditious and proper manner; and (vii) Promptly notify depositors of its inability to furnish samples, and the reasons why. (b) A depository seeking status under paragraph (a)(2) of this section must direct a communication to the Director which shall: (1) Indicate the name and address of the depository to which the communication relates; (2) Co

official document · source cfr-2024

Acceptable devices for conducting initial and confirmatory tests for alcohol and methods of use.

CFR · 2024-01-01 · US · Title 10

(a) (b) (c) (1) Provides a printed result of each breath test; (2) Assigns a unique number to each completed test, which the collector and donor can read before each test and which is printed on each copy of the test result; (3) Prints, on each copy of the test result, the manufacturer's name for the device, its serial number, and the time of the test; (4) Distinguishes alcohol from acetone at the 0.02 alcohol concentration level; (5) Tests an air blank; and (6) Permits performance of an external calibration check. (d) (2) Licensees and other entities may not use an ASD that fails the specified quality control checks or that has passed its expiration date. (3) For ASDs that test breath specimens and meet EBT requirements for confirmatory testing, licensees and other entities shall also follow the device use and care requirements specified in paragraph (e) of this section. (e) (2) When conducting external calibration checks, licensees and other entities shall use only calibration devices appearing on NHTSA's CPL for “Calibrating Units for Breath Alcohol Tests.” (3) If an EBT fails an external check of calibration, the licensee or other entity shall take the EBT out of service. The EBT may not be used again for alcohol testing under this subpart until it is repaired and passes an external calibration check. (4) In order to ensure that confirmed positive alcohol test results are derived from an EBT that is calibrated, the licensee or other entity shall implement one of the follo

official document · source cfr-2024

Acceptable documentation.

CFR · 2024-01-01 · US · Title 34

If an applicant is selected to verify any of the following information, an institution must obtain the specified documentation. (a) (i) A copy of the income tax return or an Internal Revenue Service (IRS) form that lists tax account information of the applicant, his or her spouse, or his or her parents, as applicable for the specified year. The copy of the return must include the signature (which need not be an original) of the filer of the return or of one of the filers of a joint return; (ii) For a dependent student, a copy of each IRS Form W-2 for the specified year received by the parent whose income is being taken into account if— (A) The parents filed a joint return; and (B) The parents are divorced or separated or one of the parents has died; and (iii) For an independent student, a copy of each IRS Form W-2 for the specified year he or she received if the independent student— (A) Filed a joint return; and (B) Is a widow or widower, or is divorced or separated. (2) An institution may accept, in lieu of an income tax return or an IRS form that lists tax account information, the information reported for an item on the applicant's FAFSA for the specified year if the Secretary has identified that item as having been obtained from the IRS and not having been changed. (3) An institution must accept, in lieu of an income tax return or an IRS form that lists tax account information, the documentation set forth in paragraph (a)(4) of this section if the individual for the specif

official document · source cfr-2024

Acceptable flight risk.

CFR · 2024-01-01 · US · Title 14

(a) (b) (c) (1) Launch vehicle structure, including physical dimensions and weight; (2) Hazardous and safety critical systems, including propulsion systems; and (3) Drawings and schematics for each system identified under paragraph (c)(2) of this section. (d)

official document · source cfr-2024

Acceptable forms of bonds.

CFR · 2024-01-01 · US · Title 43

(a) The BLM will accept either a personal bond or a surety bond. Personal bonds are pledges of any of the following: (1) Cash; (2) Cashier's check; (3) Certified check; or (4) Negotiable U.S. Treasury bonds equal in value to the bond amount. Treasury bonds must give the Secretary authority to sell the securities in the case of failure to comply with the conditions and obligations of the exploration license or lease. (b) Surety bonds must be issued by qualified surety companies approved by the Department of the Treasury. A list of qualified sureties is available at any BLM state office.

official document · source cfr-2024

Acceptable forms of payment.

CFR · 2024-01-01 · US · Title 26

The only acceptable forms of payment shall be cash, cashier's check, certified check, or postal money order, in the amount of the accepted bid.

official document · source cfr-2024

Acceptable level of competence determinations.

CFR · 2024-01-01 · US · Title 5

(a) (b) (c) (i) An employee has not had the minimum period of time established at § 430.207(a) of this chapter to demonstrate acceptable performance because he or she has not been informed of the specific requirements for performance at an acceptable level of competence in his or her current position, and the employee has not been given a performance rating in any position within the minimum period of time (as established at § 430.207(a) of this chapter) before the end of the waiting period; or (ii) An employee is reduced in grade because of unacceptable performance to a position in which he or she is eligible for a within-grade increase or will become eligible within the minimum period as established at § 430.207(a) of this chapter. (2) When an acceptable level of competence determination has been delayed under this subpart: (i) The employee shall be informed that his or her determination is postponed and the appraisal period extended and shall be told of the specific requirements for performance at an acceptable level of competence. (ii) An acceptable level of competence determination shall then be made based on the employee's rating of record completed at the end of the extended appraisal period. (iii) If, following the delay, the employee's performance is determined to be at an acceptable level of competence, the within-grade increase will be granted retroactively to the beginning of the pay period following completion of the applicable waiting period. (d) (i) Because of

official document · source cfr-2024

Acceptable materials and specifications (replaces 123 and Table 126.1 in ASME B31.1).

CFR · 2024-01-01 · US · Title 46

(a)(1) The material requirements in this subpart must be followed in lieu of those in 123 in ASME B31.1 (incorporated by reference; see § 56.01-2). (2) Materials used in piping systems must be selected from: (i) The pipe, tubing, and fitting specifications that appear in table 1 to § 56.60-1or the accepted materials for use as piping system components that appear in table 1 to § 56.60-2; (ii) ASTM F1155 (incorporated by reference; see § 56.01-2); or (iii) The material specifications of Sections I or VIII of the ASME BPVC (both incorporated by reference; see § 56.01-2) if not prohibited by a regulation of this subchapter. (3) Materials conforming to specifications not described in paragraph (a)(2) of this section must receive the specific approval of the Marine Safety Center. (4) Materials listed in Table 126.1 of ASME B31.1 are not accepted unless specifically permitted by this paragraph. (b) Components made in accordance with the commercial standards listed

official document · source cfr-2024

Acceptable methods for disposition of particular material remains.

CFR · 2024-01-01 · US · Title 36

(a) (1) Return them to the Indian individual or Indian tribe having rights of ownership under the Archaeological Resources Protection Act's custody regulations, 43 CFR 7.13(b), 36 CFR 296.13(b), 32 CFR 229.13(b), and 18 CFR 1312.13(b). (2) If the Indian individual or Indian tribe having rights of ownership does not wish to accept and take physical custody of the material remains, the Federal Agency Official may otherwise dispose of the material remains using the disposition methods in paragraph (b) of this section after receiving written consent and relinquishment of ownership from the Indian individual or Indian tribe having rights of ownership. (b) (1) Transfer to another Federal agency. (2) Convey to a suitable public or tribal scientific or professional repository as defined in § 79.4(k) of this part. (3) Convey to a federally recognized Indian tribe if the material remains were excavated or removed from lands of religious or cultural importance to that tribe and were identified and documented by a Federal land manager under 43 CFR 7.7(b)(1), 36 CFR 296.7(b)(1), 32 CFR 229.7(b)(1), or 18 CFR 1312.7(b)(1). (4) Convey to a federally recognized Indian tribe from whose aboriginal lands the material remains were removed. Aboriginal occupation may be documented by evidence including, but not limited to, a final judgment of the Indian Claims Commission or the United States Court of Claims, or a treaty, Act of Congress, or Executive Order. (5) Convey to a federally recognized Ind

official document · source cfr-2024

Acceptable model codes.

CFR · 2024-01-01 · US · Title 49

(a) This section describes the standards that must be used to meet the seismic design and construction requirements of this part. (b)(1) The following are model codes which have been found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) Recommended Provisions (Copies are available from the Office of Earthquakes and Natural Hazards, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.): (i) The 1991 International Conference of Building Officials (ICBO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Rd., Whittier, Cal. 90601; (ii) The 1992 Supplement to the Building Officials and Code Administrators International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Rd., Country Club Hills, Ill. 60478-5795; and (iii) The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code, published by the Southern Building Code Congress International, 900 Montclair Rd., Birmingham, Ala. 35213-1206. (2) Versions of the NEHRP seismic maps have been adopted along with the NEHRP Recommended Provisions into the BOCA National and SBCC Standard building codes. The seismic zone map in the ICBO Uniform Building Code is also based on one of the USGS maps of horizontal ground acceleration. However, the ICBO map should be use

official document · source cfr-2024

Acceptable ownership arrangements and documentation.

CFR · 2024-01-01 · US · Title 38

(a) (1) Ownership of units by individual owners coupled with an undivided interest in all common elements. (2) Ownership of units by individual owners coupled with an undivided interest in general common elements and specified limited common elements. (3) Individual ownership of units coupled with an undivided interest in the general common elements and/or limited common elements, with title to additional property for common use vested in an association of unit owners, with mandatory membership by unit owners or owners' associations. Any such arrangement must not be precluded by applicable State law. (b) (c) (2) (3) (4) (d) (2)

official document · source cfr-2024

Acceptable payment methods.

CFR · 2024-01-01 · US · Title 30

(a) If you owe total quarterly reclamation fees of $500 or more for one or more mines, you must: (1) Use an electronic fund transfer mechanism approved by the U.S. Department of the Treasury; (2) Forward payments by electronic transfer; (3) Include the applicable Master Entity No.(s) (Part 1-Block 3 on the OSM-1 Form), and OSM Document No.(s) (Part 1-upper right corner of the OSM-1 Form) with the electronic payment; and (4) Use our approved form or approved electronic form to report coal tonnage sold, used, or for which ownership was transferred to the address indicated in the Instructions for Completing the OSM-1 Form. (b) If you owe less than $500 in quarterly reclamation fees for one or more mines, you may: (1) Forward payments by electronic transfer in accordance with the procedures specified in paragraph (a) of this section; or (2) Submit a check or money order payable to the Office of Surface Mining Reclamation and Enforcement in the same envelope with the OSM-1 Form to the address indicated in the Instructions for Completing the OSM-1 Form.

official document · source cfr-2024

Acceptable personal property.

CFR · 2024-01-01 · US · Title 42

Contributions of personal property which may be accepted pursuant to § 35.62 include, but are not limited to, recreational equipment, furniture, radios and television sets. After its useful life, any cash proceeds realized upon disposition of such property shall be deposited to the credit of the patient fund and shall be available for expenditure pursuant to § 35.66(c).

official document · source cfr-2024

Acceptable policies and servicing.

CFR · 2024-01-01 · US · Title 7

The general acceptance of policies and servicing of insurance will be performed in accordance with Subpart A of this part. Any unusual situations that may arise with respect to obtaining or servicing flood insurance should be referred to the State Director. The State Director will attempt to resolve any problems concerning the flood insurance program in the state with the Servicing Company. Flood hazard boundary maps, insurance rate tables, the insurability of specific structures, and other information concerning the program may be obtained from the Servicing Company. Difficulties in administering the program which the State Director is unable to resolve should be referred to the National Office for Assistance.

official document · source cfr-2024

Acceptable reasons for not meeting requirements for annual on-site review.

CFR · 2024-01-01 · US · Title 42

The Administrator will find an agency's showing satisfactory, even if it failed to meet the annual review requirements of § 456.652(a)(4), if— (a) The agency demonstrates that— (1) It completed reviews by the end of the quarter in at least 98 percent of all facilities requiring review by the end of the quarter; (2) It completed reviews by the end of the quarter in all facilities with 200 or more certified Medicaid beds requiring review by the end of the quarter; and (3) With respect to all unreviewed facilities, the agency exercised good faith and due diligence by attempting to review those facilities and would have succeeded but for events beyond its control which it could not have reasonably anticipated; or (b) The agency demonstrates that it failed to meet the standard in paragraph (a) (1) and (2) of this section by the close of the quarter for technical reasons, but met the standard within 30 days after the close of the quarter. Technical reasons are circumstances within the agency's control. (c) Facilities that are reviewed under paragraph (b) of this section, after the quarter in which they were due for review, retain their original anniversary quarter due date for purposes of subsequent reviews.

official document · source cfr-2024

Acceptable results of inspections and tests.

CFR · 2024-01-01 · US · Title 49

Provided it conforms to other applicable requirements of this subchapter, (a) (b) (c) (d) (e) (f) (g) (h)

official document · source cfr-2024

Acceptable results of tests and inspections.

CFR · 2024-01-01 · US · Title 49

(a) (b) (1) For dents at welds or that include a weld, the maximum allowable depth is (2) The minimum thickness remaining beneath a cut, dig, or gouge may not be less than that prescribed in the applicable specification. (c) (d) (e) (f) (g)

official document · source cfr-2024

Acceptable reusable launch vehicle mission risk.

CFR · 2024-01-01 · US · Title 14

(a) To obtain safety approval for an RLV mission, an applicant must demonstrate that the proposed mission does not exceed acceptable risk as defined in this subpart. For purposes of this section, the mission commences upon initiation of the launch phase of flight and consists of launch flight through orbital insertion of an RLV or vehicle stage or flight to outer space, whichever is applicable, and reentry or descent flight, and concludes upon landing on Earth of the RLV. (b) Acceptable risk for a proposed mission is measured in terms of the expected average number of casualties (E (1) To obtain safety approval, an applicant must demonstrate the following for public risk: (i) The risk to the collective members of the public from the proposed launch meets the public risk criteria of § 417.107(b)(1) of this chapter; (ii) The risk level to the collective members of the public, excluding persons in water-borne vessels and aircraft, from each proposed reentry does not exceed an expected number of 1 × 10 (iii) The risk level to an individual does not exceed 1 × 10 (2) [Reserved] (c) To demonstrate compliance with acceptable risk criteria in this section, an applicant shall employ a system safety process to identify the hazards and assess the risks to public health and safety and the safety of property associated with the mission, including nominal and non-nominal operation and flight of the vehicle and payload, if any. An acceptable system safety analysis identifies and assesses th

official document · source cfr-2024

Acceptable reusable launch vehicle risk.

CFR · 2024-01-01 · US · Title 14

To obtain safety approval for reentry, an applicant must demonstrate the following for public risk: (a) The risk to the collective members of the public from the proposed launch meets the public risk criteria of § 417.107(b)(1) of this chapter; (b) The risk level to the collective members of the public, excluding persons in water-borne vessels and aircraft, from each proposed reentry does not exceed an expected number of 1 × 10 (c) The risk level to an individual does not exceed 1 × 10

official document · source cfr-2024

Acceptable sureties.

CFR · 2024-01-01 · US · Title 7

Surety companies providing contractors' bonds shall be listed as acceptable sureties in the U.S. Department of Treasury Circular No. 570. The circular is maintained through periodic publication in the

official document · source cfr-2024

Acceptable title.

CFR · 2024-01-01 · US · Title 24

To be considered acceptable title, a Section 184 Guaranteed Loan must be secured by an interest in real estate held in fee simple or other property interest on Trust Land. Where the title evidences a lease that is used in conjunction with the Section 184 Guaranteed Loan on Trust Land, the lease must comply with relevant provisions of § 1005.301.

official document · source cfr-2024

Acceptance and acknowledgement of service of process.

CFR · 2024-01-01 · US · Title 25

Service by the Field Solicitor or any other person of any process or notice, pursuant to any Federal statute which by its express terms is applicable to Indians of the Five Civilized Tribes, may be accepted and acknowledged by the Field Solicitor, or by any attorney authorized to perform the duties specified in § 16.3, on behalf of the Secretary and the Bureau, notwithstanding any specific designation in such statute of the official to be served (such as the Secretary, superintendent for the Five Civilized Tribes, Probate Attorney, etc.).

official document · source cfr-2024

Acceptance and disbursement of gifts.

CFR · 2024-01-01 · US · Title 33

(a) The immediate receiving person shall give a proper receipt on the proper form used by the United States Coast Guard to acknowledge receipt of collections to the donor of a gift or bequest of money or for the proceeds from a sale of property received as a gift or devise. (b) Gifts or bequests of money, or the proceeds from sales of property received as gifts or devises shall be deposited in the Treasury of the United States under symbol and title “20X8533—United States Coast Guard, General Gift Fund.” Funds so deposited shall be subject to disbursement by or at the direction of the Commandant, United States Coast Guard, for the benefit or use of the designated school, hospital, library, museum, chapel, or other institution or organization under the jurisdiction of the United States Coast Guard subject to the terms of the particular gift, devise, or bequest. (c) 10 U.S.C. 2601(c) states that any gift, devise, or bequest of property, real or personal, accepted under these provisions shall be deemed to be a gift, devise, or bequest to or for the use of the United States for the purpose of Federal income, estate, and gift taxes.

official document · source cfr-2024

Acceptance and docketing of application for early review of site suitability issues in a combined license proceeding.

CFR · 2024-01-01 · US · Title 10

(a) Each part of an application submitted in accordance with § 2.101(a-1) of this part will be initially treated as a tendered application. If it is determined that any one of the parts as described in § 2.101(a-1) is incomplete and not acceptable for processing, the Director of the Office of Nuclear Reactor Regulation will inform the applicant of this determination and the respects in which the document is deficient. Such a determination of completeness will generally be made within a period of 30 days. (b)(1) The Director of the Office of Nuclear Reactor Regulation will accept for docketing an application for a combined license for a nuclear power facility where part one of the application as described in § 2.101(a-1) is complete. Part one of any application will not be considered complete unless it contains proposed findings as required by § 2.101(a-1)(1)(i) and unless it describes the applicant's site selection process, specifies the extent to which that process involves the consideration of alternative sites, explains the relationship between that process and the application for early review of site suitability issues, and briefly describes the applicant's long-range plans for ultimate development of the site. Upon assignment of a docket number, the procedures in § 2.101(a)(3) and (4) relating to formal docketing and the submission and distribution of additional copies of the application shall be followed. (2) Additional parts of the application will be docketed upon a d

official document · source cfr-2024

Acceptance and docketing of application for early review of site suitability issues in a construction permit proceeding.

CFR · 2024-01-01 · US · Title 10

(a) Each part of an application for a construction permit submitted in accordance with § 2.101(a-1) of this part will be initially treated as a tendered application. If it is determined that any one of the parts as described in § 2.101(a-1) is incomplete and not acceptable for processing, the Director of the Office of Nuclear Reactor Regulation will inform the applicant of this determination and the respects in which the document is deficient. Such a determination of completeness will generally be made within a period of 30 days. (b)(1) The Director of the Office of Nuclear Reactor Regulation will accept for docketing part one of an application for a construction permit for a utilization facility which is subject to § 51.20(b) of this chapter and is of the type specified in § 50.21(b)(2) or (3) or § 50.22 of this chapter, or is a testing facility where part one of the application as described in § 2.101(a-1) is complete. Part one of any application will not be considered complete unless it contains proposed findings as required by § 2.101(a-1)(1)(i) and unless it describes the applicant's site selection process, specifies the extent to which that process involves the consideration of alternative sites, explains the relationship between that process and the application for early review of site suitability issues, and briefly describes the applicant's long-range plans for ultimate development of the site. Upon assignment of a docket number, the procedures in § 2.101(a)(3) and (

official document · source cfr-2024

Acceptance and docketing of application for limited work authorization.

CFR · 2024-01-01 · US · Title 10

(a) Each part of an application submitted in accordance with § 2.101(a)(9) will be initially treated as a tendered application. If it is determined that any one of the parts as described in § 2.101(a)(9) is incomplete and not acceptable for processing, the Director of the Office of Nuclear Reactor Regulation will inform the applicant of this determination and the respects in which the document is deficient. A determination of completeness will generally be made within a period of 30 days. (b) The Director will accept for docketing part one of an application for a construction permit for a utilization facility which is subject to § 51.20(b) of this chapter and is of the type specified in § 50.21(b)(2) or (3) or § 50.22 of this chapter or an application for a combined license where part one of the application as described in § 2.101(a)(9) is complete. Part one will not be considered complete unless it contains the information required by § 50.10(d)(3) of this chapter. Upon assignment of a docket number, the procedures in § 2.101(a)(3) and (4) relating to formal docketing and the submission and distribution of additional copies of the application must be followed. (c) If part one of the application is docketed, the Director will cause to be published in the (d) Part two of the application will be docketed upon a determination by the Director that it is complete. (e) If part two of the application is docketed, the Director will cause to be published in the

official document · source cfr-2024

Acceptance and non-acceptance of bonds.

CFR · 2024-01-01 · US · Title 31

(a) (b) (i) State the intention of the agency to decline bonds underwritten by the company; (ii) State the reasons for or cause of the proposed declination of such bonds; (iii) Provide the opportunity for the company to rebut the stated reasons or cause; and (iv) Provide the company the opportunity to cure the stated reasons or cause. (2) The agency may decline to accept bonds underwritten by the company if, after consideration of any submission by the company or failure of the company to respond to the agency's notice, the agency issues a written determination that the bonds should not be accepted, consistent with agency authorities. (3) The agency shall articulate its procedures and for cause standards for declining to accept bonds in an agency regulation prior to declining any bonds in specific cases. The agency regulation should be subject to notice and comment rulemaking. “For cause” includes, but is not limited to, circumstances when a surety has not paid or satisfied an administratively final bond obligation due the agency. The agency regulation should define when a bond obligation becomes administratively final under the agency's procedures. Existing agency rules or regulations that substantially comply with, (4) Agencies that decline bonds under this section are encouraged to use best efforts to ensure that persons conducting business with the agency are aware that bonds underwritten by the particular certified company will not be accepted. (5) The agency's authority

official document · source cfr-2024

Acceptance and processing of requests.

CFR · 2024-01-01 · US · Title 41

Agency requests for interior planning and design service will be reviewed and if considered feasible, will be accepted. Upon acceptance of a request by GSA, a proposal will be furnished the requesting activity for review and approval within 30 days. The proposal will include the following: (a) Approximate date the work can be started; (b) Estimated completion date of planning and design services; (c) The amount to be reimbursed GSA for the services; and (d) Other pertinent data or recommendations.

official document · source cfr-2024

Acceptance and recertification process.

CFR · 2024-01-01 · US · Title 24

(a) (b) (2) A notice of acceptance will include the date of acceptance. (3) If HUD rejects a state's dispute resolution program, HUD will provide an explanation of what is necessary to obtain full acceptance. A revised Dispute Resolution Certification Form may be submitted within 30 days of receipt of such notification. If the revised Dispute Resolution Certification Form is inadequate or if the state fails to resubmit within the 30-day period or otherwise indicates that it does not intend to change its Dispute Resolution Certification Form, HUD will notify the state that its dispute resolution program is not accepted and that it has a right to a hearing on the rejection using the procedures set forth under subpart D of part 3282 of this chapter. (c) (d) (e) (1) Every 3 years within 90 days of the day and month of the most recent date of HUD's acceptance of the state's program or (2) Whenever there is a significant change to the program. (f)

official document · source cfr-2024

Acceptance and rejection of batch sequence.

CFR · 2024-01-01 · US · Title 40

(a) The manufacturer will continue to inspect consecutive batches until the batch sequence is accepted or rejected. The batch sequence will be accepted or rejected based upon the number of rejected batches. A sufficient number of consecutive batches will be inspected until the cumulative number of rejected batches is less than or equal to the sequence acceptance number or greater than or equal to the sequence rejection number appropriate for the cumulative number of batches inspected. The acceptance and rejection numbers listed in Appendix I, Table III at the appropriate code letter obtained according to § 204.57-2 will be used in determining whether the acceptance or rejection of a batch sequence has occurred. (b) Acceptance or rejection of a batch sequence takes places when the decision is made on the last compressor required to make a decision under paragraph (a) of this section. (c) If the batch sequence is accepted, the manufacturer will not be required to perform any additional testing on (d) The Administrator may terminate testing earlier than required in paragraph (b) of this section based on a request by the manufacturer accompanied by voluntary cessation of distribution in commerce, from all plants, of compressors from the configuration in question:

official document · source cfr-2024

Acceptance and rejection of batch sequence.

CFR · 2024-01-01 · US · Title 40

(a) The manufacturer will continue to inspect consecutive batches until the batch sequence is accepted or rejected based upon the number of rejected batches. A sufficient number of consecutive batches will be inspected until the cumulative number of rejected batches is less than or equal to the sequence acceptance number of greater than or equal to the sequence rejection number appropriate for the cumulative number of batches inspected. The acceptance and rejection numbers listed in Appendix I, Table III at the appropriate code letter obtained according to § 205.57-2 will be used in determining whether the acceptance or rejection of a batch sequence has occurred. (b) Acceptance or rejection of a batch sequence takes place when the decision that a vehicle is a failiing vehicle is made on the last vehicle required to make a decision under paragraph (a) of this section. (c) If the batch sequence is accepted, the manufactureer will not be required to perform any additional testing on vehicles from subsequent batches pursuant to the initiating test request. (d) The Administrator may terminate testing earlier than required in paragraph (b) of this section based on a request by the manufacturer accompanied by voluntary cessation of distribution in commerce, of vehicles from the category, configuration or subgroup in question manufactured at the plant which produced the vehicles under test:

official document · source cfr-2024

Acceptance and rejection of batches.

CFR · 2024-01-01 · US · Title 40

(a) A failing compressor is one whose measured sound level is in excess of the applicable noise emission standard. (b) The batch from which a batch sample is selected will be accepted or rejected based upon the number of failing compressors in the batch sample. A sufficient number of test samples will be drawn from the batch sample until the cumulative number of failing compressors is less than or equal to the acceptance number or greater than or equal to the rejection number appropriate for the cumulative number of compressors tested. The acceptance and rejection numbers listed in Appendix I, Table II at the appropriate code letter obtained according to § 204.57-2 will be used in determining whether the acceptance or rejection of a batch has occurred. (c) Acceptance or rejection of a batch takes place when a decision is made on the last compressor required to make a decision under paragraph (b) of this section.

official document · source cfr-2024

Acceptance and rejection of batches.

CFR · 2024-01-01 · US · Title 40

(a) The batch from which a batch sample is selected will be accepted or rejected based upon the number of failing vehicles in the batch sample. A sufficient number of test samples will be drawn from the batch sample until the cumulative number of failing vehicles is less than or equal to the acceptance number or greater than or equal to the rejection number appropriate for the cumulative number of vehicles tested. The acceptance and rejection numbers listed in Appendix I, Table II at the appropriate code letter obtained according to § 205.57-2 will be used in determining whether the acceptance or rejection of a batch has occurred. (b) Acceptance or rejection of a batch takes place when the decision that a vehicle is a failing vehicle is made on the last vehicle required to make a decision under paragraph (a) of this section.

official document · source cfr-2024

Acceptance and rejection of bids.

CFR · 2024-01-01 · US · Title 25

(a) The high bid received in accordance with any advertisement issued under authority of this part shall be accepted, except that the approving officer, having set forth the reason(s) in writing, shall have the right to reject the high bid if: (1) The high bidder is considered unqualified to fulfill the contractual requirement of the advertisement; or (2) There are reasonable grounds to consider it in the interest of the Indians to reject the high bid. (b) If the high bid is rejected, the approving officer may authorize: (1) Rejection of all bids; or (2) Acceptance of the offer of another bidder who, at bid opening, makes written request that their bid and bid deposit be held pending a bid acceptance. (c) The officer authorized to accept the bid shall have the discretion to waive minor technical defects in advertisements and proposals, such as typographical errors and misplaced entries.

official document · source cfr-2024

Acceptance and rejection of rated orders.

CFR · 2024-01-01 · US · Title 7

(a) (1) Except as otherwise specified in this section, a person must accept every rated order received and must fill such orders regardless of any other rated or unrated orders that have been accepted. (2) A person must not discriminate against rated orders in any manner such as by charging higher prices or by imposing different terms and conditions than for comparable unrated orders. (b) (1) A person must not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the person must inform the customer of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection in this section. (2) A person must not accept a DO-rated order for delivery on a date that would interfere with delivery of any previously accepted DO- or DX-rated orders. However, the person must offer to accept the order based on the earliest delivery date otherwise possible. (3) A person must not accept a DX-rated order for delivery on a date that would interfere with delivery of any previously accepted DX-rated orders, but must offer to accept the order based on the earliest delivery date otherwise possible. (4) If a person is unable to fill all of the rated orders of equal priority status received on the same day, the person must accept, based upon the earliest delivery dates, only those orders that can be f

official document · source cfr-2024

Acceptance and rejection of rated orders.

CFR · 2024-01-01 · US · Title 10

(a) (2) A person shall not discriminate against rated orders in any manner such as by charging higher prices or by imposing different terms and conditions than for comparable unrated orders. (b) (1) A person shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the person must inform the customer of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection under this section. (2) A person shall not accept a DO-rated order for delivery on a date which would interfere with delivery of any previously accepted DO- or DX-rated orders. However, the person must offer to accept the order based on the earliest delivery date otherwise possible. (3) A person shall not accept a DX-rated order for delivery on a date which would interfere with delivery of any previously accepted DX-rated orders, but must offer to accept the order based on the earliest delivery date otherwise possible. (4) If a person is unable to fill all of the rated orders of equal priority status received on the same day, the person must accept, based upon the earliest delivery dates, only those orders which can be filled, and reject the other orders. For example, a person must accept order A requiring delivery on December 15 before accepting order B requiring delivery on December 31. However, the per

official document · source cfr-2024

Acceptance and rejection of rated orders.

CFR · 2024-01-01 · US · Title 15

(a) (2) A person shall not discriminate against rated orders in any manner such as by charging higher prices or by imposing different terms and conditions than for comparable unrated orders. (b) (1) A person shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the person must inform the customer of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection under this section. (2) A person shall not accept a DO rated order for delivery on a date which would interfere with delivery of any previously accepted DO or DX rated orders. However, the person must offer to accept the order based on the earliest delivery date otherwise possible. (3) A person shall not accept a DX rated order for delivery on a date which would interfere with delivery of any previously accepted DX rated orders, but must offer to accept the order based on the earliest delivery date otherwise possible. (4) If a person is unable to fill all the rated orders of equal priority status received on the same day, the person must accept, based upon the earliest delivery dates, only those orders which can be filled, and reject the other orders. For example, a person must accept order A requiring delivery on December 15 before accepting order B requiring delivery on December 31. However, the person

official document · source cfr-2024

Acceptance and rejection of rated orders.

CFR · 2024-01-01 · US · Title 44

(a) (2) A person must not discriminate against rated orders in any manner such as by charging higher prices or by imposing different terms and conditions than for comparable unrated orders. (b) (1) A person must not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the person must inform the customer of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection under this section. (2) A person must not accept a DO rated order for delivery on a date which would interfere with delivery of any previously accepted DO or DX rated orders. However, the person must offer to accept the order based on the earliest delivery date otherwise possible. (3) A person must not accept a DX rated order for delivery on a date which would interfere with delivery of (4) If a person is unable to fill all the rated orders of equal priority status received on the same day, the person must accept, based upon the earliest delivery dates, only those orders which can be filled, and reject the other orders. For example, a person must accept order A requiring delivery on December 15 before accepting order B requiring delivery on December 31. However, the person must offer to accept the rejected orders based on the earliest delivery dates otherwise possible. (c) (1) If the person placing the orde

official document · source cfr-2024

Acceptance and rejection of rated orders.

CFR · 2024-01-01 · US · Title 45

(a) (2) A person shall not discriminate against rated orders in any manner such as by charging higher prices or by imposing different terms and conditions than for comparable unrated orders. (b) (1) A person shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the person must inform the customer of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection under this section. (2) A person shall not accept a DO rated order for delivery on a date which would interfere with delivery of any previously accepted DO or DX rated orders. However, the person must offer to accept the order based on the earliest delivery date otherwise possible. (3) A person shall not accept a DX rated order for delivery on a date which would interfere with delivery of any previously accepted DX rated orders but must offer to accept the order based on the earliest delivery date otherwise possible. (4) If a person is unable to fill all of the rated orders of equal priority status received on the same day, the person must accept, based upon the earliest delivery dates, only those orders which can be filled, and reject the other orders. For example, a person must accept order A requiring delivery on December 15 before accepting order B requiring delivery on December 31. However, the perso

official document · source cfr-2024

Acceptance and rejection of rated orders.

CFR · 2024-01-01 · US · Title 49

official document · source cfr-2024

Acceptance and revocation by the FMCSA.

CFR · 2024-01-01 · US · Title 49

The FMCSA may at any time refuse to accept or may revoke its acceptance of any surety bond, certificate of insurance, qualifications as a self-insurer, or other security or agreement that does not comply with these rules or fails to provide adequate public protection.

official document · source cfr-2024

Acceptance and screening of cargo.

CFR · 2024-01-01 · US · Title 49

(a) (b) (c) (1) Prevents the carriage of any unauthorized person, and any unauthorized explosive, incendiary, and other destructive substance or item in cargo onboard an aircraft. (2) Prevents unescorted access by persons other than an authorized aircraft operator employee or agent, or (d) (e) (f) (g) (1) (ii) Not later than August 3, 2010, each operator under a full program must ensure that 100 percent of its cargo is screened prior to transport on a passenger aircraft. (2) (3) (4)

official document · source cfr-2024

Acceptance and screening of cargo.

CFR · 2024-01-01 · US · Title 49

(a) (b) (c) (1) Prevents the carriage of any unauthorized person, and any unauthorized explosive, incendiary, and other destructive substance or item onboard the aircraft. (2) Prevents access by unauthorized persons other than an authorized foreign air carrier employee or agent, or persons authorized by the airport operator or host government. (d) (e) (f) (g) (1) (ii) Not later than August 3, 2010, each foreign air carrier must ensure that 100 percent of its cargo is screened prior to transport on a passenger aircraft. (2) (3) (4) The foreign air carrier must verify that the chain of custody measures for the screened cargo are intact prior to loading such cargo on aircraft, or must ensure that the cargo is re-screened in accordance with this chapter.

official document · source cfr-2024

Acceptance and screening of checked baggage.

CFR · 2024-01-01 · US · Title 49

(a) (b) (c) (d) (1) Prevents the unauthorized carriage of any explosive or incendiary aboard the aircraft. (2) Prevents access by persons other than an aircraft operator employee or its agent. (e) (f) (1) Any loaded firearm(s). (2) Any unloaded firearm(s) unless— (i) The passenger declares to the aircraft operator, either orally or in writing before checking the baggage that any firearm carried in the baggage is unloaded; (ii) The firearm is carried in a hard-sided container; (iii) The container in which it is carried is locked, and only the individual checking the baggage retains the key or combination; and (iv) The checked baggage containing the firearm is carried in an area that is inaccessible to passengers, and is not carried in the flightcrew compartment,. (3) Any unauthorized explosive or incendiary. (g)

official document · source cfr-2024

Acceptance and screening of checked baggage.

CFR · 2024-01-01 · US · Title 49

(a) (b) (c) (1) The person has notified the foreign air carrier before checking the baggage that the firearm is in the baggage; and (2) The baggage is carried in an area inaccessible to passengers.

official document · source cfr-2024

Acceptance and screening of individuals and accessible property.

CFR · 2024-01-01 · US · Title 49

official document · source cfr-2024

Acceptance and screening of individuals and accessible property.

CFR · 2024-01-01 · US · Title 49

(a) (b) (c) (1) Any individual who does not consent to a search or inspection of his or her person in accordance with the system prescribed in this part; and (2) Any property of any individual or other person who does not consent to a search or inspection of that property in accordance with the system prescribed by this part. (d) (1) Officials or employees of the state of registry of the aircraft who are authorized by that state to carry arms; and (2) Crewmembers and other individuals authorized by the foreign air carrier to carry arms.

official document · source cfr-2024