Legal · US

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

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Actions to correct unfavorable conditions.

CFR · 2024-01-01 · US · Title 46

Upon submission of a petition filed under the rules of this part, or upon its own motion, the Commission may find that conditions unfavorable to shipping in the foreign trade of the United States do exist, and may, without further proceedings, issue regulations which may: (a) Impose equalizing fees or charges; (b) Limit sailings to and from United States ports or the amount or type of cargo carried; (c) Suspend, in whole or in part, tariffs and service contracts for carriage to or from United States ports, including a common carrier's right to use tariffs of conferences and service contracts of agreements in United States trades of which it is a member for any period the Commission specifies; (d) Suspend, in whole or in part, an ocean common carrier's right to operate under an agreement, including any (e) Impose a fee, not to exceed $1,000,000 per voyage; (f) Request the collector of customs at the port or place of destination in the United States to refuse the clearance required by section 4197 of the Revised Statutes (46 U.S.C. 60105), to a vessel of a foreign carrier which is or whose government is identified as contributing to the unfavorable conditions described in subpart C; (g) Request the collector of customs at the port or place of destination in the United States to collect any fees imposed by the Commission under paragraph (e) of this section; (h) Request the Secretary of the department in which the Coast Guard is operating to deny entry, for purposes of oceanborne

official document · source cfr-2024

Actions to eliminate duplication with State and local procedures.

CFR · 2024-01-01 · US · Title 36

Consistent with 40 CFR 1506.2, the Trust shall cooperate with State and local agencies to the fullest extent possible to reduce duplication between NEPA and State and local requirements. Such cooperation shall to the fullest extent possible include: (a) Joint planning processes; (b) Joint environmental research and studies; (c) Joint public hearings (except where otherwise provided by statute); and (d) Joint environmental assessments and/or Environmental Impact Statements/Environmental Impact Reports.

official document · source cfr-2024

Actions to encourage agency cooperation early in the NEPA process.

CFR · 2024-01-01 · US · Title 36

Consistent with 40 CFR 1501.6, the Trust may request the NPS to be a cooperating agency for actions or projects significantly affecting the quality of the Presidio. In addition, upon request of the Trust, any other Federal, State, local, or tribal agency that has jurisdiction by law or special expertise with respect to any environmental issue that should be addressed in the analysis may be a cooperating agency. The Trust shall use the environmental analysis and proposals of cooperating agencies with jurisdiction by law or special expertise to the maximum extent possible consistent with its responsibility as lead or joint lead agency.

official document · source cfr-2024

Actions under assigned authority and petitions for review of staff action.

CFR · 2024-01-01 · US · Title 14

(a) When an electronically filed record which has been submitted to the Department under this subpart, is disapproved (rejected), or a special tariff permission is approved or denied, under authority assigned by the Department of Transportation's Regulations, 14 CFR 385.13, such actions shall be understood to include the following provisions: (1) (2) (b) [Reserved]

official document · source cfr-2024

Actions under section 301(d)(4) authority.

CFR · 2024-01-01 · US · Title 40

Notwithstanding any determination made on the basis of authorities granted the Administrator under any other (a) Shall promulgate without unreasonable delay such Federal implementation plan provisions as are necessary or appropriate to protect air quality, consistent with the provisions of sections 304(a) and 301(d)(4), if a tribe does not submit a tribal implementation plan meeting the completeness criteria of 40 CFR part 51, appendix V, or does not receive EPA approval of a submitted tribal implementation plan. (b) May provide up to 95 percent of the cost of implementing programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. After two years from the date of each tribe's initial grant award, the maximum Federal share will be reduced to 90 percent, as long as the Regional Administrator determines that the tribe meets certain economic indicators that would provide an objective assessment of the tribe's ability to increase its share. The Regional Administrator may increase the maximum Federal share to 100 percent if the tribe can demonstrate in writing to the satisfaction of the Regional Administrator that fiscal circumstances within the tribe are constrained to such an extent that fulfilling the match would impose undue hardship.

official document · source cfr-2024

Actions upon disqualification.

CFR · 2024-01-01 · US · Title 21

(a) Once a testing facility has been disqualified, each application for a research or marketing permit, whether approved or not, containing or relying upon any nonclinical laboratory study conducted by the disqualified testing facility may be examined to determine whether such study was or would be essential to a decision. If it is determined that a study was or would be essential, the Food and Drug Administration shall also determine whether the study is acceptable, notwithstanding the disqualification of the facility. Any study done by a testing facility before or after disqualification may be presumed to be unacceptable, and the person relying on the study may be required to establish that the study was not affected by the circumstances that led to the disqualification, e.g., by submitting validating information. If the study is then determined to be unacceptable, such data will be eliminated from consideration in support of the application; and such elimination may serve as new information justifying the termination or withdrawal of approval of the application. (b) No nonclinical laboratory study begun by a testing facility after the date of the facility's disqualification shall be considered in support of any application for a research or marketing permit, unless the facility has been reinstated under § 58.219. The determination that a study may not be considered in support of an application for a research or marketing permit does not, however, relieve the applicant for

official document · source cfr-2024

Actions where lead Agency designation is necessary.

CFR · 2024-01-01 · US · Title 36

(a) Consistent with CEQ Regulations, § 1501.5, where a proposed action by the Corporation involves one or more other (b) For an action that qualifies as one for which the Corporation will seek designation as lead agency, the Corporation will promptly consult with the appropriate Federal agencies such as the National Capital Planning Commission, the Department of the Interior, and the General Services Administration to establish lead agency and cooperating agency designations.

official document · source cfr-2024

Actions where lead agency designation is necessary.

CFR · 2024-01-01 · US · Title 36

(a) Consistent with 40 CFR 1501.5, where a proposed action by the Trust involves one or more other Federal agencies, or where actions by the Trust and one or more Federal agencies are directly related to each other because of their functional interdependence or geographical proximity, the Trust will seek designation as lead agency for those actions that relate solely to the Presidio Trust Area. (b) For an action that qualifies as one for which the Trust will seek designation as lead agency, the Trust will promptly consult with the appropriate Federal agencies to establish lead agency, joint lead agency, and/or cooperating agency designations. (c) For an action as to which the Trust undertakes lead, joint lead, or cooperating agency status, the Trust is authorized to enter into a memorandum of understanding or agreement to define the rights and responsibilities of the relevant agencies.

official document · source cfr-2024

Actions which are categorically excluded from environmental processing.

CFR · 2024-01-01 · US · Title 47

(a) Except as provided in § 1.1307 (c) and (d), Commission actions not covered by § 1.1307 (a) and (b) are deemed individually and cumulatively to have no significant effect on the quality of the human environment and are categorically excluded from environmental processing. (b) Specifically, any Commission action with respect to any new application, or minor or major modifications of existing or authorized facilities or equipment, will be categorically excluded, provided such proposals do not: (1) Involve a site location specified under § 1.1307(a) (1)-(7), or (2) Involve high intensity lighting under § 1.1307(a)(8). (3) Result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in § 1.1307(b). (c)(1) Unless § 1.1307(a)(4) is applicable, the provisions of § 1.1307(a) requiring the preparation of EAs do not encompass the construction of wireless facilities, including deployments on new or replacement poles, if: (i) The facilities will be located in a right-of-way that is designated by a Federal, State, local, or Tribal government for communications towers, above-ground utility transmission or distribution lines, or any associated structures and equipment; (ii) The right-of-way is in active use for such designated purposes; and (iii) The facilities would not (A) Increase the height of the tower or non-tower structure by more than 10% or twenty feet, whichever is greater, over existing support structures that are located in the r

official document · source cfr-2024

Actions which normally will have a significant impact upon the environment, for which Environmental Impact Statements must be prepared.

CFR · 2024-01-01 · US · Title 47

Any Commission action deemed to have a significant effect upon the quality of the human environment requires the preparation of a Draft Environmental Impact Statement (DEIS) and Final Environmental Impact Statement (FEIS) (collectively referred to as EISs) (

official document · source cfr-2024

Actions.

CFR · 2024-01-01 · US · Title 45

(a) Possible final actions listed in this paragraph (a) for guidance range from minimal restrictions (Group I) to the most severe and restrictive (Group III). They are not exhaustive and do not include possible criminal sanctions. (1) (ii) Require as a condition of an award that for a specified period an individual or institution obtain special prior approval of particular activities from NSF. (iii) Require for a specified period that an institutional official other than those guilty of misconduct certify the accuracy of reports generated under an award or provide assurance of compliance with particular policies, regulations, guidelines, or special terms and conditions. (2) (ii) Require for a specified period special reviews of all requests for funding from an affected individual or institution to ensure that steps have been taken to prevent repetition of the misconduct. (iii) Require a correction to the research record. (3) (ii) Prohibit participation of an individual as an NSF reviewer, advisor, or consultant for a specified period. (iii) Debar or suspend an individual or institution from participation in Federal programs for a specified period after further proceedings under applicable regulations. (b) In deciding what final actions are appropriate when misconduct is found, NSF officials should consider: (1) How serious the misconduct was; (2) The degree to which the misconduct was knowing, intentional, or reckless; (3) Whether it was an isolated event or part of a pattern

official document · source cfr-2024

Activated whole blood clotting time tests.

CFR · 2024-01-01 · US · Title 21

(a) (b)

official document · source cfr-2024

Activating accessibility features.

CFR · 2024-01-01 · US · Title 47

(a) (2) Manufacturers of digital apparatus designed to receive or play back video programming transmitted in digital format simultaneously with sound, including apparatus designed to receive or display video programming transmitted in digital format using internet protocol, with built-in audio description capability must ensure that audio description can be activated through a mechanism that is reasonably comparable to a button, key, or icon. Digital apparatus do not include navigation devices as defined in § 76.1200 of this chapter. (b) (c)

official document · source cfr-2024

Activating means.

CFR · 2024-01-01 · US · Title 46

The activating means must be in the navigating bridge or in a location where the means can be controlled by the chief engineer.

official document · source cfr-2024

Activation failure.

CFR · 2024-01-01 · US · Title 49

Upon receipt of a credible report of warning system malfunction involving an activation failure, a railroad having maintenance responsibility for the warning system shall promptly initiate efforts to warn highway users and railroad employees at the subject crossing by taking the following actions: (a) Prior to any train's arrival at the crossing, notify the train crew of the report of activation failure and notify any other railroads operating over the crossing; (b) Notify the law enforcement agency having jurisdiction over the crossing, or railroad police capable of responding and controlling vehicular traffic; and (c) Provide for alternative means of actively warning highway users of approaching trains, consistent with the following requirements (see appendix B for a summary chart of alternative means of warning): (1)(i) If an appropriately equipped flagger provides warning for each direction of highway traffic, trains may proceed through the crossing at normal speed. (ii) If at least one uniformed law enforcement officer (including a railroad police officer) provides warning to highway traffic at the crossing, trains may proceed through the crossing at normal speed. (2) If an appropriately equipped flagger provides warning for highway traffic, but there is not at least one flagger providing warning for each direction of highway traffic, trains may proceed with caution through the crossing at a speed not exceeding 15 miles per hour. Normal speed may be resumed after the loc

official document · source cfr-2024

Activation notice.

CFR · 2024-01-01 · US · Title 40

(a) Each fellowship includes a “Fellowship Activation Notice” (EPA Form 5770-7). You must complete, sign, and obtain other appropriate signatures on the Activation Notice when the program supported by the fellowship agreement begins. In certain instances, e.g., if your program of study is at an EPA facility, the EPA project officer may sign as sponsor on the Activation Notice. You must submit the Activation Notice to the award official. (b) If you do not submit the Activation Notice (EPA Form 5770-7) within 90 days after the date of the award, the award official may initiate action to terminate the fellowship agreement in accordance with § 46.210.

official document · source cfr-2024

Activation of warning system.

CFR · 2024-01-01 · US · Title 49

A highway-rail grade crossing warning system shall be maintained to activate in accordance with the design of the warning system, but in no event shall it provide less than 20 seconds warning time for the normal operation

official document · source cfr-2024

Activation/Deactivation.

CFR · 2024-01-01 · US · Title 10

(a) This rule shall take effect providing: (1) The International Energy Program has been activated; and, (2) The President has transmitted this rule to Congress, has found putting such rule into effect is required in order to fulfill obligations of the United States under the International Energy Program and has transmitted such a finding to the Congress together with a statement of the effective date and manner for exercise of such rule. (b) This rule shall revert to standby status no later than 60 days after the deactivation of the emergency allocation system activated to implement the International Energy Program.

official document · source cfr-2024

Active charters file.

CFR · 2024-01-01 · US · Title 41

The GSA Committee Management Officer retains each original signed charter in a file of active charters.

official document · source cfr-2024

Active conduct of a trade or business.

CFR · 2024-01-01 · US · Title 26

(a) (i) The distributing and the controlled corporations are each engaged in the active conduct of a trade or business immediately after the distribution (section 355(b)(1)(A)), or (ii) Immediately before the distribution, the distributing corporation had no assets other than stock or securities of the controlled corporations, and each of the controlled corporations is engaged in the active conduct of a trade or business immediately after the distribution (section 355(b)(1)(B)). A (2) (b) (2) (ii) (iii) (iv) (A) The holding for investment purposes of stock, securities, land, or other property, or (B) The ownership and operation (including leasing) of real or personal property used in a trade or business, unless the owner performs significant services with respect to the operation and management of the property. (3) (i) Activities which constitute a trade or business under the tests described in paragraph (b)(2) of this section shall be treated as meeting the requirement of the preceding sentence if such activities were actively conducted throughout the 5-year period ending on the date of distribution, and (ii) The fact that a trade or business underwent change during the five-year period preceding the distribution (for example, by the addition of new or the dropping of old products, changes in production capacity, and the like) shall be disregarded, provided that the changes are not of such a character as to constitute the acquisition of a new or different business. In partic

official document · source cfr-2024

Active duty alerts.

CFR · 2024-01-01 · US · Title 12

(a)

official document · source cfr-2024

Active implantable bone conduction hearing system.

CFR · 2024-01-01 · US · Title 21

(a) (b) (1) Clinical performance testing must characterize any adverse events observed during implantation and clinical use, and must also demonstrate that the device performs as intended under anticipated conditions of use. (2) Non-clinical performance testing must demonstrate that the device performs as intended under anticipated conditions of use, including the following: (i) Performance data must validate force output in a clinically relevant model. (ii) Impact testing in a clinically relevant anatomic model must be performed. (iii) Mechanical integrity testing must be performed. (iv) Reliability testing consistent with expected device life must be performed. (3) The patient-contacting components of the device must be demonstrated to be biocompatible. (4) Performance data must demonstrate the sterility of the patient-contacting components of the device. (5) Performance data must support the shelf life of the device by demonstrating continued sterility, package integrity, and device functionality over the identified shelf life. (6) Performance data must demonstrate the wireless compatibility, electromagnetic compatibility, and electrical safety of the device. (7) Software verification, validation, and hazard analysis must be performed. (8) Labeling must include: (i) A summary of clinical testing conducted with the device that includes a summary of device-related complications and adverse events; (ii) Instructions for use; (iii) A surgical guide for implantation, which incl

official document · source cfr-2024

Active ingredient of a loss-of-function plant-incorporated protectant.

CFR · 2024-01-01 · US · Title 40

The active ingredient is exempt if the following conditions are met: (a) The genetic material of a native gene is modified using genetic engineering to result in a pesticidal effect through the reduction or elimination of the activity of that gene; and (b) This exemption does not apply until the requirements in § 174.21(d) have been met.

official document · source cfr-2024

Active ingredient of a plant-incorporated protectant created through genetic engineering from a sexually compatible plant.

CFR · 2024-01-01 · US · Title 40

The active ingredient is exempt if the conditions in paragraphs (a) and (b) of this section are met. (a) The active ingredient is characteristic of the population of plants sexually compatible with the recipient plant and is created through genetic engineering from either an insertion of a native gene into the recipient plant as specified in paragraph (a)(1) of this section or a modification of an existing native gene in the recipient plant as specified in paragraph (a)(2) of this section. (1) (2) (b) This exemption does not apply until the requirements in § 174.21(d) have been met.

official document · source cfr-2024

Active ingredient of a plant-incorporated protectant from a sexually compatible plant created through conventional breeding.

CFR · 2024-01-01 · US · Title 40

The active ingredient is exempt if all of the following conditions are met: (a) The genetic material that encodes the pesticidal substance or leads to the production of the pesticidal substance is from a plant that is sexually compatible with the recipient plant. (b) The genetic material has never been derived from a source that is not sexually compatible with the recipient plant. (c) The genetic material is transferred from the source plant to the recipient plant only through conventional breeding.

official document · source cfr-2024

Active ingredients for deodorant drug products for internal use.

CFR · 2024-01-01 · US · Title 21

The active ingredient of the product consists of either of the following when used within the dosage limits established for each ingredient in § 357.850(d): (a) Bismuth subgallate. (b) Chlorophyllin copper complex.

official document · source cfr-2024

Active ingredients for the control of dandruff, seborrheic dermatitis, or psoriasis.

CFR · 2024-01-01 · US · Title 21

The active ingredient of the product consists of any of the following within the specified concentration established for each ingredient: (a) (2) Pyrithione zinc, 0.3 to 2 percent when formulated to be applied and then washed off after brief exposure. (3) Pyrithione zinc, 0.1 to 0.25 percent when formulated to be applied and left on the skin or scalp. (4) Salicylic acid, 1.8 to 3 percent. (5) Selenium sulfide, 1 percent. (6) Selenium sulfide, micronized, 0.6 percent. (7) Sulfur, 2 to 5 percent. (b) (2) Pyrithione zinc, 0.95 to 2 percent when formulated to be applied and then washed off after brief exposure. (3) Pyrithione zinc, 0.1 to 0.25 percent when formulated to be applied and left on the skin or scalp. (4) Salicylic acid, 1.8 to 3 percent. (5) Selenium sulfide, 1 percent. (c) (2) Salicylic acid, 1.8 to 3 percent.

official document · source cfr-2024

Active institutional controls.

CFR · 2024-01-01 · US · Title 40

(a) Any compliance application shall include detailed descriptions of proposed active institutional controls, the controls' location, and the period of (b) Performance assessments shall not consider any contributions from active institutional controls for more than 100 years after disposal.

official document · source cfr-2024

Active military duty.

CFR · 2024-01-01 · US · Title 7

The Soldiers and Sailors Relief Act requires that the interest rate charged a borrower who enters full-time active military duty after a loan is closed not exceed six percent. Active military duty does not include participation in a military reserve or the National Guard unless the borrower is called to active duty. (a) (b)

official document · source cfr-2024

Active monitoring of conduct and evaluation of clinical trials.

CFR · 2024-01-01 · US · Title 21

For drugs covered under this section, the Commissioner and other agency officials will monitor the progress of the conduct and evaluation of clinical trials and be involved in facilitating their appropriate progress.

official document · source cfr-2024

Active participant reduction.

CFR · 2024-01-01 · US · Title 29

(a) (1) (ii) Examples of single-cause events include a reorganization or restructuring, the discontinuance of an operation or business, a natural disaster, a mass layoff, or an early retirement incentive program. (2) (b) (2) (i) Is receiving compensation from any member of the plan's controlled group for work performed for any member of the plan's controlled group; (ii) Is on paid or unpaid leave granted for a reason other than a layoff; (iii) Is laid off from work for a period of time that has lasted less than 30 days; or (iv) Is absent from work due to a recurring reduction in employment that occurs at least annually. (3) (c) (1) Is attributable to an event described in sections 4062(e) or 4063(a) of ERISA, and (2) Is timely reported to PBGC under section 4062(e) and/or section 4063(a) of ERISA before the due date of the notice required by paragraph (a) of this section. (d) (2) (3) (4) (5) (e) (f) (2) (ii) To prevent duplicative reporting ( (3) (ii) A single-cause event occurs on September 1 because that is the first time the applicable percentage exceeds 20 percent. This event must be reported by October 1. The November 1 layoff does not trigger a subsequent single-cause event because the layoff is part of the same single-cause event already timely reported to PBGC. However, they will be considered in the determination of whether an attrition event occurs at year-end as explained in paragraph (f)(3)(iii) of this section. (iii) As illustrated in Example 2 in paragraph (f)(2

official document · source cfr-2024

Active service pay.

CFR · 2024-01-01 · US · Title 38

(a) (b) (2) Payments, if otherwise in order, will be resumed effective the day following release from active duty or active duty for training if notice from the Department of Defense of such release or a claim for recommencement of payments is received within one year from the date of such release; otherwise, payments will be resumed effective one year prior to the date of receipt of a new claim. Prior determinations of service connection will not be disturbed except as provided in § 3.105. Compensation will be resumed based on the combined evaluation in effect at the time payments were discontinued. If a reduction in evaluation that lowers the combined evaluation is considered warranted, the provisions of § 3.105(e) will apply. If a disability is incurred or (c)

official document · source cfr-2024

Active treatment.

CFR · 2024-01-01 · US · Title 42

Inpatient psychiatric services must involve “active treatment”, which means implementation of a professionally developed and supervised individual plan of care, described in § 441.155 that is— (a) Developed and implemented no later than 14 days after admission; and (b) Designed to achieve the beneficiary's discharge from inpatient status at the earliest possible time.

official document · source cfr-2024

Activities Far East Marine Inspection Zone.

CFR · 2024-01-01 · US · Title 33

(a) Activities Far East's office is located in Yokota, Japan. The boundaries of Activities Far East's Marine Inspection Zone coincide with the boundaries of the Fourteenth Coast Guard District, which are described in § 3.70-1, excluding those areas within the Honolulu and Guam Marine Inspection Zones, as described in this part. (b) Only for this part, the boundary between Activities Far East and Activities Europe Marine Inspection Zones is demarked by a southerly line bisecting the border of the Republic of India and the Islamic Republic of Pakistan.

official document · source cfr-2024

Activities and costs not matchable as training expenditures.

CFR · 2024-01-01 · US · Title 45

FFP is not available for the following expenditures as training costs; however, the expenditures described in this section may be matched as administrative costs, if conditions for such matching are met: (a) Salaries of supervisors (day-to-day supervision of staff is not a training activity); and (b) Employment of students on a temporary basis, such as in the summertime.

official document · source cfr-2024

Activities and services related to certain nonimmigrant and immigrant categories authorized.

CFR · 2024-01-01 · US · Title 31

(a) U.S. persons are authorized to engage in all transactions in the United States with persons otherwise eligible for non-immigrant classification under categories A-3 and G-5 (attendants, servants and personal employees of aliens in the United States on diplomatic status), D (crewmen), F (students), I (information media representatives), J (exchange visitors), M (non-academic students), O (aliens with extraordinary ability), P (athletes, artists, and entertainers), Q (international cultural exchange visitors), R (religious workers), or S (witnesses), to the extent such a visa has been granted by the U.S. Department of State or such non-immigrant status, or related benefit, has been granted by the U.S. Department of Homeland Security. (b) U.S. persons are authorized to engage in all transactions in the United States with persons otherwise eligible for non-immigrant classification under categories E-2 (treaty investor), H (temporary worker), or L (intra-company transferee) and all immigrant classifications, to the extent such a visa has been granted by the U.S. Department of State or such non-immigrant or immigrant status, or related benefit, has been granted by the U.S. Department of Homeland Security, and provided that the persons are not coming to the United States to work as an agent, employee, or contractor of the Government of Syria or an entity in Syria. (c) U.S. persons are authorized to export services to persons in Syria in connection with the filing of an individua

official document · source cfr-2024

Activities and services related to certain nonimmigrant and immigrant categories authorized.

CFR · 2024-01-01 · US · Title 31

(a)(1) Persons otherwise eligible for non-immigrant classification under categories A-3 and G-5 (attendants, servants and personal employees of aliens in the United States on diplomatic status), D (crewmen), F (students), I (information media representatives), J (exchange visitors), M (non-academic students), O (aliens with extraordinary ability), P (athletics, artists and entertainers), Q (international cultural exchange visitors), R (religious workers), or S (witnesses) are authorized to carry out in the United States those activities for which such a visa has been granted by the U.S. State Department or such nonimmigrant status or related benefit has been granted by the U.S. Department of Homeland Security. (2) U.S. persons are authorized to export services to Iran in connection with the filing of an individual's application for the non-immigrant visa categories listed in paragraph (a)(1) of this section. (b)(1) Persons otherwise eligible for nonimmigrant classification under categories E-2 (treaty investor), H (temporary worker), or L (intra-company transferee) and all immigrant classifications are authorized to carry out in the United States those activities for which such a visa has been granted by the U.S. State Department or such nonimmigrant or immigrant status, or related benefit, has been granted by the U.S. Department of Homeland Security, provided that the persons are not coming to the United States to work as an agent, employee, or contractor of the Government o

official document · source cfr-2024

Activities at initial and periodic inspection.

CFR · 2024-01-01 · US · Title 24

(a) (1) During the initial and periodic inspections, an inspector acting on behalf of the designated party and trained in visual assessment for deteriorated paint surfaces in accordance with procedures established by HUD shall conduct a visual assessment of all painted surfaces in order to identify any deteriorated paint. (2) For tenant-based rental assistance provided under the HOME program, visual assessment shall be conducted as part of the initial and periodic inspections required under § 92.209(i) of this title. (b) The owner shall stabilize each deteriorated paint surface in accordance with §§ 35.1330(a) and (b) before commencement of assisted occupancy. If assisted occupancy has commenced prior to a periodic inspection, such paint stabilization must be completed within 30 days of notification of the owner of the results of the visual assessment. Paint stabilization is considered complete when clearance is achieved in accordance with § 35.1340. If the owner does not complete the hazard reduction required by this section, the dwelling unit is in violation of Housing Quality Standards (HQS) until the hazard reduction is completed or the unit is no longer covered by this subpart because the unit is no longer under a housing assistance payment (c) The owner shall provide a notice to occupants in accordance with § 35.125(b)(1) and (c) describing the results of the clearance examination. (d) The designated party may grant the owner an extension of time to complete paint stabi

official document · source cfr-2024

Activities by Indian tribes or individuals that require a permit.

CFR · 2024-01-01 · US · Title 25

(a) No Indian tribe may, without a permit under the Act, excavate or remove archaeological resources on: (1) Lands of another Indian tribe; or (2) Lands of Indian individuals, except those on which the law of that tribe regulates such activity. (b) No individual Indian may, without a permit under the Act, excavate or remove archaeological resources on any Indian lands (including his or her own) other than those on which the law of the tribe of which he or she is a member regulates such activity. (c) No person, as an employee, consultant, advisor or in any other capacity as an agent for any Indian tribe, shall be exempt from the permit requirements of the Act, except in the cases listed below: (1) No permit shall be required if a person is a member of the tribe having jurisdiction over the resources in question and the law of that tribe regulates the excavation or removal of archaeological resources on its lands. (2) Tribal employees need not submit permit applications to the BIA if: (i) The proposed excavation or removal of archaeological resources is within the normal scope of their duties or otherwise carried out by direction of the tribal government; (ii) The work is on Indian lands of the tribe or on which the law of that tribe regulates the excavation or removal of archaeological resources; (iii) The tribe ensures that the provisions for permit issuance in this part and at 43 CFR part 7 have been met by other documented means; and (iv) Before beginning the work, the trib

official document · source cfr-2024

Activities by distribution participants.

CFR · 2024-01-01 · US · Title 17

(a) (b) (1) (2) (3) (4) (5) (6) (ii) Adjustments to such a basket in the ordinary course of business as a result of a change in the composition of a standardized index; or (7) (8) (9) (10) (i) Qualified institutional buyers, as defined in § 230.144A(a)(1) of this chapter, or to purchasers that the seller and any person acting on behalf of the seller reasonably believes are qualified institutional buyers, in transactions exempt from registration under section 4(2) of the Securities Act (15 U.S.C. (ii) Persons not deemed to be “U.S. persons” for purposes of §§ 230.902(o)(2) or 230.902(o)(7) of this chapter, during a distribution qualifying under paragraph (b)(10)(i) of this section. (c) (1) (2) (ii) Asset-backed securities that are offered pursuant to an effective shelf registration statement filed on Form SF-3 (§ 239.45 of this chapter); or (3) (4) (d)

official document · source cfr-2024

Activities by issuers and selling security holders during a distribution.

CFR · 2024-01-01 · US · Title 17

(a) (b) (1) (2) (ii) Periodic tender offers of securities, at net asset value, conducted pursuant to § 240.13e-4 of this chapter by a closed-end investment company that engages in a continuous offering of its securities pursuant to § 230.415 of this chapter; (3) (4) (5) (6) (7) (i) Qualified institutional buyers, as defined in § 230.144A(a)(1) of this chapter, or to purchasers that the seller and any person acting on behalf of the seller reasonably believes are qualified institutional buyers, in transactions exempt from registration under section 4(2) of the Securities Act (15 U.S.C. 77d(2)) or §§ 230.144A or § 230.500 (ii) Persons not deemed to be “U.S. persons” for purposes of §§ 230.902(o)(2) or 230.902(o)(7) of this chapter, during a distribution qualifying under paragraph (b)(7)(i) of this section. (c) (i) Solely to employees or security holders of an issuer or its subsidiaries, or to a trustee or other person acquiring such securities for the accounts of such persons; or (ii) To persons other than employees or security holders, if bids for or purchases of securities pursuant to the plan are effected solely by an agent independent of the issuer and the securities are from a source other than the issuer or an affiliated purchaser of the issuer. (2) Bids for or purchases of any security made or effected by or for a plan shall be deemed to be a purchase by the issuer unless the bid is made, or the purchase is effected, by an agent independent of the issuer. (d) (1) (2) (ii)

official document · source cfr-2024

Activities by other persons.

CFR · 2024-01-01 · US · Title 40

(a) (b) (1) Section 107(a), wherein any person may receive a court award of his or her response costs, plus interest, from the party or parties found to be liable; (2) Section 111(a)(2), wherein a private party, a PRP pursuant to a settlement agreement, or certain foreign entities may file a claim against the Fund for reimbursement of response costs; (3) Section 106(b), wherein any person who has complied with a section 106(a) order may petition the Fund for reimbursement of reasonable costs, plus interest; and (4) Section 123, wherein a general purpose unit of local government may apply to the Fund under 40 CFR part 310 for reimbursement of the costs of temporary emergency measures that are necessary to prevent or mitigate injury to human health or the environment associated with a release. (c) (2) Responsible parties shall be liable for necessary costs of response actions to releases of hazardous substances incurred by any other person consistent with the NCP. (3) For the purpose of cost recovery under section 107(a)(4)(B) of CERCLA: (i) A private party response action will be considered “consistent with the NCP” if the action, when evaluated as a whole, is in substantial compliance with the applicable requirements in paragraphs (5) and (6) of this section, and results in a CERCLA-quality cleanup; and (ii) Any response action carried out in compliance with the terms of an order issued by EPA pursuant to section 106 of CERCLA, or a consent decree entered into pursuant to sec

official document · source cfr-2024

Activities clearance.

CFR · 2024-01-01 · US · Title 28

(a) Except as provided for in paragraph (b) of this section, the Warden is the clearance authority on all transfers, temporary releases, community activities, and escorted trips. (b)

official document · source cfr-2024

Activities closely related to banking.

CFR · 2024-01-01 · US · Title 12

(a) Effective June 15, 1971, the Board of Governors has amended § 225.4(a) of Regulation Y to implement its regulatory authority under section 4(c)(8) of the Bank Holding Company Act. In some respects activities determined by the Board to be closely related to banking are described in general terms that will require interpretation from time to time. The Board's views on some questions that have arisen are set forth below. (b) Section 225.4(a) states that a company whose ownership by a bank holding company is authorized on the basis of that section may engage solely in specified activities. That limitation refers only to activities the authority for which depends on section 4(c)(8) of the Act. It does not prevent a holding company from establishing one subsidiary (c) The amendments to § 225.4(a) do not apply to restrict the activities of a company previously approved by the Board on the basis of section 4(c)(8) of the Act. Activities of a company authorized on the basis of section 4(c)(8) either before the 1970 Amendments or pursuant to the amended § 225.4(a) may be shifted in a corporate reorganization to another company within the holding company system without complying with the procedures of § 225.4(b), as long as all the activities of such company are permissible under one of the exemptions in section 4 of the Act. (d) Under the procedures in § 225.4(a)(c), a holding company that wishes to change the location at which it engages in activities authorized pursuant to § 225.

official document · source cfr-2024

Activities closely related to banking.

CFR · 2024-01-01 · US · Title 12

During the course of the Board's proceedings pertaining to courier services, objections were made that courier activities were not a proper incident to banking because of the possibility that holding companies would or had engaged in unfair competitive practices. The Board believes that adherence to the following principles will eliminate or reduce to an insignificant degree any possibility of unfair competition: a. A holding company courier subsidiary established under section 4(c)(8) should be a separate, independent corporate entity, not merely a servicing arm of a bank. b. As such, the subsidiary should exist as a separate, profit-oriented operation and should not be subsidized by the holding company system. c. Services performed should be explicitly priced, and shall not be paid for indirectly, for example, on the basis of deposits maintained at or loan arrangements with affiliated banks. 1. 2. 3.

official document · source cfr-2024

Activities closely related to banking.

CFR · 2024-01-01 · US · Title 12

(a) (b) It is expected that bank management consulting advice would include, but not be limited to, advice concerning: Bank operations, systems and procedures; computer operations and mechanization; implementation of electronic funds transfer systems; site planning and evaluation; bank mergers and the establishment of new branches; operation and management of a trust department; international banking; foreign exchange transactions; purchasing policies and practices; cost analysis, capital adequacy and planning; auditing; accounting procedures; tax planning; investment advice (as authorized in § 225.4(a)(5)); credit policies and administration, including credit documentation, evaluation, and debt collection; product development, including specialized lending provisions; marketing operations, including research, market development and advertising programs; personnel operations, including recruiting, training, evaluation and compensation; and security measures and procedures. (c) In permitting bank holding companies to provide management consulting advice to nonaffiliated “banks”, the Board intends such advice to be given only to an institution that both accepts deposits that the depositor has a legal right to withdraw on demand and engages in the business of (d) Although a bank holding company providing management consulting advice is prohibited by the regulation from owning or controlling, directly or indirectly, any equity securities in a client bank, this limitation does not

official document · source cfr-2024

Activities conducted inside a structure.

CFR · 2024-01-01 · US · Title 40

A person who manufactures, imports, or processes a microorganism is not subject to the reporting requirements under subpart D of this part if all of the following conditions are met: (a) The microorganism is manufactured, imported, or processed solely for research and development activities. (b) The microorganism is used by, or directly under the supervision of, a technically qualified individual, as defined in § 725.3. The technically qualified individual must maintain documentation of the procedures selected to comply with paragraph (d) of this section and must ensure that the procedures are used. (c) There is no intentional testing of a microorganism outside of a structure, as structure is defined in § 725.3. (d) Containment and/or inactivation controls. (1) Selection and use of containment and/or inactivation controls inside a structure for a particular microorganism shall take into account the following: (i) Factors relevant to the organism's ability to survive in the environment. (ii) Potential routes of release in air, solids and liquids; in or on waste materials and equipment; in or on people, including maintenance and custodial personnel; and in or on other organisms, such as insects and rodents. (iii) Procedures for transfer of materials between facilities. (2) The technically qualified individual's selection of containment and/or inactivation controls shall be approved and certified by an authorized official (other than the TQI) of the institution that is conductin

official document · source cfr-2024

Activities conducted outside a structure.

CFR · 2024-01-01 · US · Title 40

(a) (2) The research and development activity involving a microorganism listed in § 725.239 must be conducted by, or directly under the supervision of, a technically qualified individual, as defined in § 725.3. (b) (1) Name, address, and telephone number of the manufacturer or importer. (2) Location, estimated duration, and planned start date of the test. (3) Certification of the following: (i) Compliance with the conditions of the exemption specified for the microorganism in § 725.239. (ii) If state and/or local authorities have been notified of the activity, evidence of notification. (c)

official document · source cfr-2024

Activities covered by a special permit.

CFR · 2024-01-01 · US · Title 46

(a) Each special permit covers any shipment of the permitted material by the shipper and also covers for each shipment— (1) Each transfer operation; (2) Each vessel involved in the shipment; and (3) Each individual involved in any cargo handling operation. (b) Each special permit is valid for a period determined by the Commandant (CG-ENG-5) and specified in the special permit. The period will not exceed 4 years and is subject to suspension or revocation before its expiration date.

official document · source cfr-2024

Activities eligible for funding under Core Program Cooperative Agreements.

CFR · 2024-01-01 · US · Title 40

(a) To be eligible for funding under a Core Program Cooperative Agreement, activities must develop and maintain a recipient's abilities to implement CERCLA. Once the recipient has in place program functions described in paragraphs (a)(1) through (a)(4) of this section, EPA will evaluate the recipient's program needs to sustain interaction with EPA in CERCLA implementation as described in paragraph (a)(5) of this section. The amount of funding provided under the Core Program will be determined by EPA based on the availability of funds and the recipient's program needs in the areas (1) Procedures for emergency response actions and longer-term remediation of environmental and health risks at hazardous waste sites (including but not limited to the development of generic health and safety plans, quality assurance project plans, and community relation plans); (2) Provisions for satisfying all requirements and assurances (including the development of a fund or other financing mechanism(s) to pay for studies and remediation activities); (3) Legal authorities and enforcement support associated with proper administration of the recipient's program and with efforts to compel potentially responsible parties to conduct or pay for studies and/or remediation (including but not limited to the development of statutory authorities; access to legal assistance in identifying applicable or relevant and appropriate requirements of other laws; and development and maintenance of the administrative,

official document · source cfr-2024

Activities eligible for funding under enforcement Cooperative Agreements.

CFR · 2024-01-01 · US · Title 40

An enforcement Cooperative Agreement application from a State, political subdivision or Indian Tribe may request funding for the following enforcement activities: (a) PRP searches; (b) Issuance of notice letters and negotiation activities; (c) Administrative and judicial enforcement actions taken under State or Indian Tribal law; (d) Management assistance and oversight of PRPs during Federal enforcement response; (e) Oversight of PRPs during a State, political subdivision or Indian Tribe enforcement response contingent on the applicant having taken all necessary action to compel PRPs to fund the oversight of cleanup activities negotiated under the recipient's enforcement authorities. If the State, political subdivision, Indian Tribe or EPA cannot obtain PRP commitment to fund such oversight activities, then these activities will be considered eligible for CERCLA funding under an enforcement Cooperative Agreement.

official document · source cfr-2024

Activities eligible for funding.

CFR · 2024-01-01 · US · Title 40

(a) A recipient may use a Performance Partnership Grant, subject to the requirements of paragraph (c) of this section, to fund any activity that is eligible for funding under at least one of the environmental programs from which funds are combined into the grant. (b) A recipient may also use a Performance Partnership Grant to fund multi-media activities that are eligible in accordance with paragraph (a) of this section and have been agreed to by the Regional Administrator. Such activities may include multi-media permitting and enforcement and pollution prevention, ecosystem management, community-based environmental protection, and other innovative approaches. (c) A recipient may not use a Performance Partnership Grant to fund activities eligible only under a specific environmental program grant unless some or all of the recipient's allotted funds for that program have been included in the Performance Partnership Grant.

official document · source cfr-2024

Activities eligible for funding.

CFR · 2024-01-01 · US · Title 40

(a) (b)

official document · source cfr-2024

Activities eligible for hazardous materials emergency preparedness grant funding.

CFR · 2024-01-01 · US · Title 49

Eligible applicants may receive funding for the following activities: (a) To develop, improve, and implement emergency plans required under the Emergency Planning and Community Right-to-Know Act of 1986, as well as exercises that test the emergency plan. To enhance emergency plans to include hazard analysis, as well as response procedures for emergencies involving transportation of hazardous materials. (b) To determine commodity flow patterns of hazardous materials within a State, between a State and another State, Territory, or Tribal lands, and develop and maintain a system to keep such information current. (c) To determine the need for regional hazardous materials emergency response teams. (d) To assess local response capabilities. (e) To conduct emergency response drills and exercises associated with emergency preparedness plans. (f) To provide for technical staff to support the planning effort. (g) To train public sector employees to respond to hazardous materials transportation accidents and incidents. (h) To determine the number of public sector employees employed or used by a political subdivision who need the proposed training and to select courses consistent with national consensus standards or the National Curriculum. (i) To deliver comprehensive preparedness and response training to public sector employees, which may include design and delivery of preparedness and response training to meet specialized needs, and financial assistance for trainees and for the traine

official document · source cfr-2024

Activities excluded from the enterprise by the statute.

CFR · 2024-01-01 · US · Title 29

The circumstances under which certain activities will be excluded from the “enterprise” referred to in the Act are made clear by the definition quoted in § 794.106. The definition distinguishes between the related activities performed through unified operation and common control for a common business purpose by the participants in the enterprise, and activities which are related to these activities but are performed for the enterprise by a bona fide independent contractor (for example, an independent accounting or auditing firm). The latter activities are expressly excluded from the “enterprise” as defined. In addition, the definition contains a proviso detailing certain circumstances under which a retail or service establishment under independent ownership will not lose its status as a separate and distinct enterprise by reason of certain franchise and other arrangements which it may enter into with others. This proviso, the effect of which is more fully explained in parts 776 and 779 of this chapter, may be important to wholesale or bulk distributors of petroleum products in determining whether the effect of particular arrangements which they may make with retailers of their products will be to include activities of the latter with their own activities in the same enterprise for purposes of the Act.

official document · source cfr-2024

Activities for which notification is not required.

CFR · 2024-01-01 · US · Title 40

(a) (1) The manufacturing or processing of a chemical substance in small quantities solely for research and development. (2) The import or processing of a chemical substance as part of an article. (3) The manufacturing or processing of a chemical substance as described in § 720.30(g) or (h). (4) The manufacturing or processing of a chemical substance solely for export from the United States as described in § 720.30(e) or § 721.3, except where the Administrator has made a finding described in TSCA section 12(a)(2). (5) The manufacturing or processing of a chemical substance solely for test marketing purposes. (b) (1) The manufacture of a naturally occurring chemical substance, as described in § 710.4(b). Some chemical substances can be manufactured both as described in § 710.4(b) and by means other than those described in § 710.4(b). If a person manufactures a chemical substance by means other than those described in § 710.4(b), this exemption is inapplicable, regardless of whether the chemical substance also could have been produced as described in § 710.4(b). This exemption does not cover the manufacture of a chemical substance from a naturally occurring chemical substance. (2) The processing of a naturally occurring chemical substance only by manual, mechanical, or gravitational means; by dissolution in water; by flotation; or by heating solely to remove water.

official document · source cfr-2024

Activities for which permit is required.

CFR · 2024-01-01 · US · Title 32

No person may engage in any of the following on Wake Island unless he has an island permit: (a) Any business, commercial, or recreational activity conducted for profit, including a trade, profession, calling, or occupation, or an establishment where food or beverage is prepared, offered, or sold for human consumption (except for personal or family use). (b) The practice of any medical profession, including dentistry, surgery, osteopathy, and chiropractic. (c) The erection of any structure or sign, including a major alteration or enlargement of an existing structure. (d) The burial of any human or animal remains, except that fish and bait scrap may be buried at beaches where fishing is permitted, without obtaining a permit. (e) Keeping or maintaining an indigenous animal. (f) Importing, storing, generating, or disposing of hazardous materials. (g) Importing of solid wastes and importing, storing, generating, treating, or disposing of hazardous wastes, as they are defined in the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901

official document · source cfr-2024

Activities for which reporting is not required.

CFR · 2024-01-01 · US · Title 40

Reporting under this part is not required for the import of municipal solid waste streams for the purpose of disposal or destruction of the waste. Additionally, reporting is not required for a Federal agency which imports PFAS when it is not for any immediate or eventual commercial advantage.

official document · source cfr-2024

Activities for which reporting is not required.

CFR · 2024-01-01 · US · Title 40

A person described in § 711.8 is not subject to the requirements of this part with respect to any chemical substance described in § 711.5, when: (a) The person manufactured or imported the chemical substance solely in small quantities for research and development. (b) The person imported the chemical substance as part of an article. (c) The person manufactured the chemical substance in a manner described in 40 CFR 720.30(g) or (h). (d) The person manufactured the chemical substance in any of the following manners: (1) Byproduct substances listed in paragraph (i) of this section for the following manufacturing processes, when recycled or otherwise used within a site-limited, physically enclosed system that is part of the same overall manufacturing process from which the byproduct substance was generated, and when the site is reporting the byproduct or a different chemical substance that was manufactured from the recycled byproduct or manufactured in the same overall manufacturing process: (i) (B) Kraft Pulping Process ( (ii) (A) Any person may request that EPA amend the chemical substance list in paragraph (d)(1)(i) of this section. Your request must be in writing and must be submitted to the address provided in 40 CFR 700.17(a). Please label your request as follows: Attention: TSCA Chemical Data Reporting—Byproduct Exemption Request. Requests must identify the manufacturing process and byproduct chemical substance in question, as well as its CASRN or other chemical identifica

official document · source cfr-2024

Activities in certain economic sectors in non-regime held areas of Northeast and Northwest Syria.

CFR · 2024-01-01 · US · Title 31

(a) Except as provided in paragraph (c) of this section, transactions prohibited by § 542.206 or § 542.207 that are ordinarily incident and necessary to activities in the following economic sectors in the areas of northeast and northwest Syria described in the List of Areas of Northeast and Northwest Syria in Which Activities are Authorized by § 542.533 on OFAC's website ( (1) Agriculture; (2) Information and telecommunications; (3) Power grid infrastructure; (4) Construction; (5) Finance; (6) Clean energy; (7) Transportation and warehousing; (8) Water and waste management; (9) Health services; (10) Education; (11) Manufacturing; and (12) Trade. (b) Except as provided in paragraph (c) of this section, the purchase of refined petroleum products of Syrian origin for use in Syria prohibited by § 542.209 that is ordinarily incident and necessary to the activities described in paragraph (a) of this section is authorized. (c) This section does not authorize: (1) Any transactions involving any person, including the Government of Syria, as defined in § 542.308, whose property or interests in property are blocked pursuant to § 542.201; or (2) The importation into the United States of petroleum or petroleum products of Syrian origin prohibited by § 542.208.

official document · source cfr-2024

Activities in or affecting commerce.

CFR · 2024-01-01 · US · Title 16

Section 7A(a)(1) is satisfied if any entity included within the acquiring person, or any entity included within the acquired person, is engaged in commerce or in any activity affecting commerce.

official document · source cfr-2024

Activities involving items that may have been illegally exported or reexported to Libya.

CFR · 2024-01-01 · US · Title 15

(a) (b) (i) (A) It is not on the Commerce Control List in supplement no. 1 to part 774 of the EAR; (B) It is on the Commerce Control List, but is authorized for export or reexport pursuant to a License Exception to Libya; or (C) It is on the Commerce Control List and controlled only for AT reasons or for NS and AT reasons only, and is not listed on the Wassenaar Arrangement's Sensitive List (Annex 1) or Very Sensitive List (Annex 2) posted on the Wassenaar Arrangement's Web site ( (ii) (2) (ii) (3) (4)

official document · source cfr-2024

Activities involving the discharge of dredged or fill material into waters of the U.S.

CFR · 2024-01-01 · US · Title 33

(a) Generally, fill activities conducted by the Corps for operations and maintenance of existing Civil Works water resource and navigation projects are routine and have little, if any, potential for significant degradation of the environment. District engineers are encouraged to develop general authorizations in accordance with section 404 of the CWA and 104 of the ODA following the procedures of § 337.5 of this chapter for categories of such routine activities. The general authorization should satisfy all compliance requirements including water quality certifications and, if applicable, coastal zone consistency determinations. For activities which are not conducive to the development of general authorizations or are more appropriately evaluated on an individual basis, the following procedures should be followed. (b) A public notice should be issued using the procedures § 337.1 of this chapter. (c) Water quality certifications should be requested and, if applicable, coastal zone consistency determinations should be provided using the procedures of § 336.1(b) (8) and (9) of this chapter. (d) The discharge site should be specified through the application of the section 404(b)(1) guidelines. (e) The procedures of 40 CFR part 230 should be used to determine the NEPA compliance requirements. (f) The factors of § 336.1(c) of this chapter should be followed when evaluating fill activities. (g) Upon completion of all required coordination and after receipt of the necessary state cert

official document · source cfr-2024

Activities not closely related to banking.

CFR · 2024-01-01 · US · Title 12

Pursuant to section 4(c)(8) of the Bank Holding Company Act and § 225.4(a) of Regulation Y, the Board of Governors has determined that the following activities are not so closely related to banking or managing or controlling banks as to be a proper incident thereto: (a) Insurance premium funding—that is, the combined sale of mutual funds and insurance. (b) Underwriting life insurance that is not sold in connection with a credit transaction by a bank holding company, or a subsidiary thereof. (c) Real estate brokerage (see 1972 Fed. Res. Bulletin 428). (d) Land development (see 1972 Fed. Res. Bulletin 429). (e) Real estate syndication. (f) Management consulting (see 1972 Fed. Res. Bulletin 571). (g) Property management (see 1972 Fed. Res. Bulletin 652).

official document · source cfr-2024

Activities not engaged in for profit.

CFR · 2024-01-01 · US · Title 26

(a) (b) (i) Amounts allowable as deductions during the taxable year under Chapter 1 of the Code without regard to whether the activity giving rise to such amounts was engaged in for profit are allowable to the full extent allowed by the relevant sections of the Code, determined after taking into account any limitations or exceptions with respect to the allowability of such amounts. For example, the allowability-of-interest expenses incurred with respect to activities not engaged in for profit is limited by the rules contained in section 163(d). (ii) Amounts otherwise allowable as deductions during the taxable year under Chapter 1 of the Code, but only if such allowance does not result in an adjustment to the basis of property, determined as if the activity giving rise to such amounts was engaged in for (iii) Amounts otherwise allowable as deductions for the taxable year under Chapter 1 of the Code which result in (or if otherwise allowed would have resulted in) an adjustment to the basis of property, determined as if the activity giving rise to such deductions was engaged in for profit, are allowed only to the extent the gross income attributable to such activity exceeds the deductions allowed or allowable under subdivisions (i) and (ii) of this subparagraph. Deductions falling within this subdivision include such items as depreciation, partial losses with respect to property, partially worthless debts, amortization, and amortizable bond premium. (2) (ii) ( ( (3) (4) (ii) ( (

official document · source cfr-2024

Activities not permitted for joint ventures.

CFR · 2024-01-01 · US · Title 15

The following activities are not permissible for TIP-funded joint ventures: (a) Exchanging information among competitors relating to costs, sales, profitability, prices, marketing, or distribution of any product, process, or service that is not reasonably required to conduct the research and development that is the purpose of such venture; (b) Entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the marketing, distribution, or provision by any person who is a party to such joint venture of any product, process, or service, other than the distribution among the parties to such venture, in accordance with such venture, of a product, process, or service produced by such venture, the marketing of proprietary information, such as patents and trade secrets, developed through such venture, or the licensing, conveying, or transferring of intellectual property, such as patents and trade secrets, developed through such venture; and (c) Entering into any agreement or engaging in any other conduct: (1) To restrict or require the sale, licensing, or sharing of inventions or developments not developed through such venture; or (2) To restrict or require participation by such party in other research and development activities, that is not reasonably required to prevent misappropriation of proprietary information contributed by any person who is a party to such venture or of the results of such venture.

official document · source cfr-2024

Activities not requiring permits.

CFR · 2024-01-01 · US · Title 33

(a) Activities that were commenced or completed shoreward of established Federal harbor lines before May 27, 1970 (see 33 CFR 320.4(o)) do not require section 10 permits; however, if those activities involve the discharge of dredged or fill material into waters of the United States after October 18, 1972, a section 404 permit is required. (See 33 CFR part 323.) (b) Pursuant to section 154 of the Water Resource Development Act of 1976 (Pub. L. 94-587), Department of the Army permits are not required under section 10 to construct wharves and piers in any waterbody, located entirely within one state, that is a navigable water of the United States solely on the basis of its historical use to transport interstate commerce.

official document · source cfr-2024

Activities not requiring permits.

CFR · 2024-01-01 · US · Title 40

Except as specified in paragraphs (a) and (b) of this section, any discharge of dredged or fill material that may result from any of the activities described in paragraph (c) of this section is not prohibited by or otherwise subject to regulation under this part. (a) If any discharge of dredged or fill material resulting from the activities listed in paragraph (c) of this section contains any toxic pollutant listed under section 307 of the Act, such discharge shall be subject to any applicable toxic effluent standard or prohibition, and shall require a section 404 permit. (b) Any discharge of dredged or fill material into waters of the United States incidental to any of the activities identified in paragraph (c) of this section must have a permit if it is part of an activity whose purpose is to convert an area of the waters of the United States into a use to which it was not previously subject, where the flow or circulation of waters of the United States may be impaired or the reach of such waters reduced. Where the proposed discharge will result in significant discernable alterations to flow or circulation, the presumption is that flow or circulation may be impaired by such alteration. (c) The following activities are exempt from section 404 permit requirements, except as specified in paragraphs (a) and (b) of this section: (1)(i) Normal farming, silviculture and ranching activities such as plowing, seeding, cultivating, minor drainage, and harvesting for the production of f

official document · source cfr-2024

Activities not subject to vehicle safety standards.

CFR · 2024-01-01 · US · Title 29

(a) (b) (c)

official document · source cfr-2024

Activities occurring before certain dates.

CFR · 2024-01-01 · US · Title 33

The following activities were permitted by NWPs issued on July 19, 1977, and, unless the activities are modified, they do not require further permitting: (a) Discharges of dredged or fill material into waters of the United States outside the limits of navigable waters of the United States that occurred before the phase-in dates which extended Section 404 jurisdiction to all waters of the United States. The phase-in dates were: After July 25, 1975, discharges into navigable waters of the United States and adjacent wetlands; after September 1, 1976, discharges into navigable waters of the United States and their primary tributaries, including adjacent wetlands, and into natural lakes, greater than 5 acres in surface area; and after July 1, 1977, discharges into all waters of the United States, including wetlands. (section 404) (b) Structures or work completed before December 18, 1968, or in waterbodies over which the DE had not asserted jurisdiction at the time the activity occurred, provided in both instances, there is no interference with navigation. Activities completed shoreward of applicable Federal Harbor lines before May 27, 1970 do not require specific authorization. (section 10)

official document · source cfr-2024

Activities of U.S. and foreign persons subject to the EAR.

CFR · 2024-01-01 · US · Title 15

The following kinds of activities are subject to the EAR: (a) Specific activities of “U.S. persons,” wherever located, related to the proliferation of nuclear explosive devices, “missiles,” chemical or biological weapons, whole plants for chemical weapons precursors, and certain military-intelligence end uses and end users as described in § 744.6 of the EAR. (b) Activities of U.S. or foreign persons prohibited by any order issued under the EAR, including a Denial Order issued pursuant to part 766 of the EAR.

official document · source cfr-2024

Activities of insured State banks.

CFR · 2024-01-01 · US · Title 12

(a) (2) (ii) (iii) ( ( ( (B) (C) (iv) (v) (B) (b) (2) (ii) (B) (C) (iii) (B) An insured State bank may acquire or retain other instruments of a type determined by the FDIC to have the character of debt securities and not to represent a significant risk to the Deposit Insurance Fund. Such instruments shall be included in the 15 percent of tier one capital limit imposed in paragraph (b)(2)(iii)(A) of this section. An insured State bank may conduct this activity without first obtaining the FDIC's consent, provided that the bank meets and continues to meet the applicable capital standards as prescribed by the appropriate Federal banking agency. The fact that prior consent is not required by this subpart does not preclude the FDIC from taking any appropriate action with respect to the activities if the facts and circumstances warrant such action. (c) (1) The department is physically distinct from the remainder of the bank; (2) The department maintains separate accounting and other records; (3) The department has assets, liabilities, obligations and expenses that are separate and distinct from those of the remainder of the bank; (4) The department is subject to State statute that requires its obligations, liabilities and expenses be satisfied only with the assets of the department; and (5) The department informs its customers that only the assets of the department may be used to satisfy the obligations of the department.

official document · source cfr-2024

Activities of insured savings associations.

CFR · 2024-01-01 · US · Title 12

(a) (2) (i) Not permissible for a Federal savings association to the extent the service corporation is engaging in activities that are allowed pursuant to the provisions of or an application under § 362.12(b); or (ii) Of a type permissible for a Federal savings association, but in an amount exceeding the investment limits applicable to Federal savings associations, if the insured state savings association obtains the FDIC's prior consent. Consent will be given only if the FDIC determines that the amount of the investment in a service corporation engaged in such activities does not present a significant risk to the Deposit Insurance Fund. Applications should be filed in accordance with § 303.141 of this chapter and will be processed under § 303.142(b) of this chapter. Approvals granted under § 303.142(b) of this chapter may be made subject to any conditions or restrictions found by the FDIC to be necessary to protect the Deposit Insurance Fund from significant risk, to prevent unsafe or unsound practices, and/or to ensure that the activity is consistent with the purposes of Federal deposit insurance and other applicable law. (b) (2) (ii) (iii) (B) An insured state savings association may acquire or retain other instruments of a type determined by the FDIC to have the character of debt securities and not to represent a significant risk to the Deposit Insurance Fund. Such instruments shall be included in the 15 percent of tier one capital limit imposed in paragraph (b)(2)(iii)(A

official document · source cfr-2024

Activities of private foundations or research or educational institutes.

CFR · 2024-01-01 · US · Title 31

(a) (b) An entire group does not qualify for the general license in paragraph (a) of this section merely because some members of the group qualify individually. (c) (d) (e)

official document · source cfr-2024

Activities of representatives of eligible telecommunications carriers.

CFR · 2024-01-01 · US · Title 47

(a) (1) As part of the registration process, eligible telecommunications carriers must require that all enrollment representatives must provide the Universal Service Administrative Company with identifying information, which may include first and last name, date of birth, the last four digits of his or her social security number, email address, and residential address. Enrollment representatives will be assigned a unique identifier, which must be used for: (i) Accessing the National Lifeline Accountability Database; (ii) Accessing the National Verifier; (iii) Accessing any Lifeline eligibility database; and (iv) Completing any Lifeline enrollment or recertification forms. (2) Eligible telecommunications carriers must ensure that enrollment representatives shall not use another person's unique identifier to enroll Lifeline subscribers, recertify Lifeline subscribers, or access the National Lifeline Accountability Database or National Verifier. (3) Eligible telecommunications carriers must ensure that enrollment representatives shall regularly recertify their status with the Universal Service Administrative Company to maintain their unique identifier and maintain access to the systems that rely on a valid unique identifier. Eligible telecommunications carriers must also ensure that enrollment representatives shall update their registration information within 30 days of any change in such information. (4) Enrollment representatives are not required to register with the Universal

official document · source cfr-2024

Activities of self-regulatory organization employees, governing board members, committee members, and consultants.

CFR · 2024-01-01 · US · Title 17

(a) (1) (2) (3) (4) (i) Any governing board member compensated by a self-regulatory organization solely for governing board activities; or (ii) Any committee member compensated by a self-regulatory organization solely for committee activities; or (iii) Any consultant hired by a self-regulatory organization. (5) (6) (7) (i) Any board of trade, exchange or market outside the United States, its territories or possessions, which has an agreement with a contract market or swap execution facility in the United States that permits positions in a commodity interest which have been established on one of the two markets to be liquidated on the other market; (ii) Any board of trade, exchange or market outside the United States, its territories or possessions, the products of which are listed on a United States contract market, swap execution facility, or a trading facility thereof; (iii) Any securities exchange, the products of which are held as margin in a commodity account or cleared by a securities clearing organization pursuant to a cross-margining arrangement with a futures clearing organization; or (iv) Any clearing organization which clears the products of any of the foregoing markets. (8) (9) (i) Such employing self-regulatory organization has recognized or established intermarket spread margins or other special margin treatment between that other commodity interest and a commodity interest which is traded on or subject to the rules of the employing self-regulatory organization;

official document · source cfr-2024

Activities of the employer considered in some situations.

CFR · 2024-01-01 · US · Title 29

Although the activities of the individual employee, as distinguished from those of his employer, constitute the ultimate test for applying the exemption, it is necessary in some instances to examine the activities of the employer. For example, in resolving the status of the employees of an irrigation company for purposes of the agriculture exemption, the U.S. Supreme Court, found it necessary to consider the nature of the employer's activities (

official document · source cfr-2024

Activities on iced waterbodies.

CFR · 2024-01-01 · US · Title 43

(a) You must not tow persons on skis, sleds, or other sliding devices with a motor vehicle or snowmobile, except that you may tow sleds designed to be towed behind snowmobiles if joined to the towing snowmobile with a rigid hitching mechanism, and you may tow disabled snowmobiles by any appropriate means. (b) On iced-over Reclamation waterbodies, you must not ice skate, ice fish, ice sail, walk, ride, drive a vehicle, or otherwise move past buoys or barriers marking public access limits to, or come within 100 yards of, Reclamation structures including, but not limited to, dams, powerplants, pumping plants, spillways, water conveyance gates, intake structures, stilling basins, and outlet works. (c) You must comply with all other posted restrictions.

official document · source cfr-2024

Activities performed by non-accredited veterinarians.

CFR · 2024-01-01 · US · Title 9

(a) Full-time Federal (including military) and State employed veterinarians are authorized to perform functions specified in subchapters B, C, D, and G of this chapter, pursuant to delegation of authority by the Administrator or cooperative agreements, without specific accreditation under the provisions of this subchapter. (b) Except as provided by paragraph (a) of this section, anyone who performs accredited veterinarian duties that he or she is not authorized to perform will be subject to such criminal and civil penalties as are provided by the Animal Health Protection Act (7 U.S.C. 8301

official document · source cfr-2024

Activities performed in wholesale establishments.

CFR · 2024-01-01 · US · Title 29

The section 13(b)(4) exemption for employment in “marketing * * * storing, or distributing” the named aquatic products or byproducts, as applied to the wholesaling of fish and seafood, affords exemption to such activities as unloading the aquatic product at the establishment, icing or refrigerating the product and storing it, placing the product into boxes, and loading the boxes on trucks or other transportation facilities for shipment to retailers or other receivers. Transportation to and from the establishment is also included (

official document · source cfr-2024

Activities prohibited.

CFR · 2024-01-01 · US · Title 50

Law enforcement, public relations, harvesting, marketing and processing activities, construction of fisherman use facilities, and activities concerned with landlocked anadromous fish populations (except fish in the Great Lakes that ascend streams to spawn) may not be financed under the Act.

official document · source cfr-2024

Activities related to external quality review.

CFR · 2024-01-01 · US · Title 42

(a) (2) The data obtained from the mandatory and optional EQR-related activities in this section must be used for the annual EQR in § 438.350 and must include, at a minimum, the elements in § 438.364(a)(2)(i) through (iv). (b) (1) For each MCO, PIHP, or PAHP the following EQR-related activities must be performed in the 12 months preceding the finalization of the annual report: (i) Validation of performance improvement projects required in accordance with § 438.330(b)(1) that were underway during the EQR review period per paragraph (a)(3) of this section. (ii) Validation of MCO, PIHP, or PAHP performance measures required in accordance with § 438.330(b)(2) or MCO, PIHP, or PAHP performance measures calculated by the State during the EQR review period described in paragraph (a)(3) of this section. (iii) A review, conducted within the previous 3-year period, to determine the MCO's, PIHP's, or PAHP's compliance with the standards set forth in subpart D of this part, the disenrollment requirements and limitations described in § 438.56, the enrollee rights requirements described in § 438.100, the emergency and post-stabilization services requirements described in § 438.114, and the quality assessment and performance improvement requirements described in § 438.330. (iv) Validation of MCO, PIHP, or PAHP network adequacy during the EQR review period per paragraph (a)(3) of this section to comply with requirements set forth in § 438.68 and, if the State enrolls Indians in the MCO, PIHP

official document · source cfr-2024

Activities relating to private organizations and politics.

CFR · 2024-01-01 · US · Title 22

(a) (b) (c) (d) (e) (2) Request for special permission. Special permission to assume or continue a connection prohibited by paragraph (e)(1) of this section may be granted in cases where the public interest will not be adversely affected. To request such permission, or to determine whether the provisions are applicable to a particular case, the employee shall address a memorandum setting forth all of the circumstances to the appropriate officer. The appropriate officer for IDCA is the Assistant Director for Administration. (3) Application to senior officers. Because of the prominence resulting from their official positions, chiefs of mission and other senior officers should recognize the particular bearing of the provisions of paragraph (e)(1) of this section upon their activities. They should restrict association with any organizations involving foreign nations and the United States to simple membership and should not accept even honorary office in such organizations except with the specific prior approval as provided in paragraph (e)(2) of this section. (f) (1) The employee's official title or connection may be used to identify the employee, as in a civic association election, but may not be used on a letterhead, in a publication, or otherwise so as to employ the prestige of the U.S. Government to enhance that of the organization or to imply official sponsorship. (2) When the employee is a representative of an association consisting of IDCA employees, or of a group of such

official document · source cfr-2024

Activities relating to race horses.

CFR · 2024-01-01 · US · Title 29

Employees engaged in the breeding, raising, and training of horses on farms for racing purposes are considered agricultural employees. Included are such employees as grooms, attendants, exercise boys, and watchmen employed at the breeding or training farm. On the other hand, employees engaged in the racing, training, and care of horses and other activities performed off the farm in connection with commercial racing are not employed in agriculture. For this purpose, a training track at a racetrack is not a farm. Where a farmer is engaged in both the raising and commercial racing of race horses, the activities performed off the farm by his employees as an incident to racing, such as the training and care of the horses, are not practices performed by the farmer in his capacity as a farmer or breeder as an incident to his raising operations. Employees engaged in the feeding, care, and training of horses which have been used in commercial racing and returned to a breeding or training farm for such care pending entry in subsequent races are employed in agriculture.

official document · source cfr-2024

Activities required to receive an incentive payment.

CFR · 2024-01-01 · US · Title 42

(a) (i) Demonstrate that during the payment year, it has adopted, implemented, or upgraded certified EHR technology, as defined in § 495.302. (ii) Demonstrate that during the EHR reporting period for a payment year, it is a meaningful EHR user as defined in § 495.4. (2) A provider may notify the State of its non-binding intention to participate in the incentives program prior to having fulfilled all of the eligibility criteria. (b) (2) The automated reporting of the clinical quality measures will be accomplished using certified EHR technology interoperable with the system designated by the State to receive the data.

official document · source cfr-2024

Activities requiring license.

CFR · 2024-01-01 · US · Title 10

(a) Except as provided in paragraphs (b)(2), (b)(3), (c)(2), and (c)(3) of this section and for persons exempt as provided in this part and part 150 of this chapter, no person shall manufacture, produce, transfer, receive, acquire, own, possess, or use byproduct material except as authorized in a specific or general license issued in accordance with the regulations in this chapter. (b)(1) The requirements, including provisions that are specific to licensees, in this part and parts 19, 20, 21, and 71 of this chapter, as well as the additional requirements for specific broad scope, industrial radiography, irradiator, or well logging uses in 10 CFR parts 33, 34, 36, or 39, respectively, shall apply to Government agencies or Federally recognized Indian Tribes on November 30, 2007, when conducting activities under the authority provided by paragraphs (b)(2) and (b)(3) of this section. (2) A specifically licensed Government agency or Federally recognized Indian Tribe that possesses and uses accelerator-produced radioactive material or discrete sources of radium-226 for which a license amendment is required to authorize the activities in paragraph (a) of this section, may continue to use these materials for uses permitted under this part until the date of the NRC's final licensing determination, provided that the licensee submits an amendment application on or before June 2, 2008. (3) A Government agency or Federally recognized Indian Tribe that possesses and uses accelerator-produc

official document · source cfr-2024

Activities requiring permits.

CFR · 2024-01-01 · US · Title 33

(a) (b) (c) (2) Congress has delegated to the Secretary of the Army in section 10 the duty to authorize or prohibit certain work or structures in navigable waters of the United States, upon recommendation of the Chief of Engineers. The general legislation by which Federal agencies are enpowered to act (3) The policy provisions set out in 33 CFR 320.4(j) relating to state or local certifications and/or authorizations, do not apply to work or structures undertaken by Federal agencies, except where compliance with non-Federal authorization is required by Federal law or Executive policy, e.g., section 313 and section 401 of the Clean Water Act.

official document · source cfr-2024

Activities requiring permits.

CFR · 2024-01-01 · US · Title 33

(a) (b) (2) The policy provisions set out in 33 CFR 320.4(j) relating to state or local authorizations do not apply to work or structures undertaken by Federal agencies, except where compliance with non-Federal authorization is required by Federal law or Executive policy. Federal agencies are responsible for conformance with such laws and policies. (See EO 12088, October 18, 1978.) Federal agencies are not required to obtain and provide certification of compliance with effluent limitations and water quality standards from state or interstate water pollution control agencies in connection with activities involving the transport of dredged material for dumping into ocean waters beyond the territorial sea.

official document · source cfr-2024

Activities requiring registration.

CFR · 2024-01-01 · US · Title 18

(a) Electronic registration is a requirement for the following activities: (1) Submission of all documents in proceedings governed by 18 CFR part 385; (2) Submission of Forms 1, 2, 6 and 423 pursuant to 18 CFR 141.1, 141.61, 260.1, and 357.2. (3) Submission of reports in compliance with Order No. 2001. (4) Filing of tariffs pursuant to 18 CFR 385.205. (5) Receipt of service pursuant to 18 CFR 385.2010(a) or (b). (b) Any person who wishes to subscribe to the Commission's automated document delivery system may register electronically but is not required to do so.

official document · source cfr-2024

Activities requiring specific authorization.

CFR · 2024-01-01 · US · Title 10

Any person requires a specific authorization by the Secretary before: (a) Engaging in any of the activities listed in § 810.2(b) with any foreign country or entity not specified in the Appendix to this part; (b) Providing or transferring sensitive nuclear technology to any foreign country or entity; or (c) Engaging in or providing technology (including assistance) for any of the following activities with respect to any foreign country or entity (or a citizen or national of that country other than U.S. lawful permanent residents or protected individuals under the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3)): (1) Uranium isotope separation (uranium enrichment), plutonium isotope separation, or isotope separation of any other elements (including stable isotope separation) when the technology or process can be applied directly or indirectly to uranium or plutonium; (2) Fabrication of nuclear fuel containing plutonium, including preparation of fuel elements, fuel assemblies, and cladding thereof; (3) Heavy water production, and hydrogen isotope separation, when the technology or process has reasonable potential for large-scale separation of deuterium ( (4) Development, production or use of a production accelerator-driven subcritical assembly system; (5) Development, production or use of a production reactor; or (6) Reprocessing of irradiated nuclear fuel or targets containing special nuclear material.

official document · source cfr-2024

Activities resulting in gross income to an individual or political organization.

CFR · 2024-01-01 · US · Title 26

(a) (2) (b) (1) Contributes any amount to or for the use of any political organization described in section 527(e)(1) or newsletter fund described in section 527(g), (2) Contributes any amount to or for the use of any organization described in paragraph (1) and (2) of section 509(a) which is exempt from taxation under section 501(a), or (3) Deposits any amount in the general fund of the U.S. Treasury or in the general fund of any State or local government, (c) (i) Transferred within a reasonable period of time by the person controlling the funds in accordance with paragraph (b) of this section, or (ii) Held in reasonable anticipation of being used by the political organization for future exempt functions. (2)

official document · source cfr-2024

Activities subject to reporting.

CFR · 2024-01-01 · US · Title 15

(a) The following, when conducted as weather modification activities, shall be subject to reporting: (1) Seeding or dispersing of any substance into clouds or fog, to alter drop size distribution, produce ice crystals or coagulation of droplets, alter the development of hail or lightning, or influence in any way the natural development cycle of clouds or their environment; (2) Using fires or heat sources to influence convective circulation or to evaporate fog; (3) Modifying the solar radiation exchange of the earth or clouds, through the release of gases, dusts, liquids, or aerosols into the atmosphere; (4) Modifying the characteristics of land or water surfaces by dusting or treating with powders, liquid sprays, dyes, or other materials; (5) Releasing electrically charged or radioactive particles, or ions, into the atmosphere; (6) Applying shock waves, sonic energy sources, or other explosive or acoustic sources to the atmosphere; (7) Using aircraft propeller downwash, jet wash, or other sources of artificial wind generation; or (8) Using lasers or other sources of electromagnetic radiation. (b) In addition to the activities listed above, other similar activities falling within the definition of weather modification as set forth in § 908.1 are also subject to reporting. (c) The requirement for reporting shall not apply to activities of a purely local nature that can reasonably be expected not to modify the weather outside of the area of operation. This exception is presently

official document · source cfr-2024

Activities subject to the jurisdiction of other Federal programs or agencies.

CFR · 2024-01-01 · US · Title 40

This part does not apply to any research and development activity that meets all of the following conditions. (a) The microorganism is manufactured, imported, or processed solely for research and development activities. (b) There is no intentional testing of a microorganism outside of a structure, as structure is defined in § 725.3. (c)(1) The person receives research funds from another Federal agency, and the funds are awarded on the condition that the research will be conducted in accordance with the relevant portions of the NIH Guidelines, or (2) A Federal agency or program otherwise imposes the legally binding requirement that the research is to be conducted in accordance with relevant portions of the NIH Guidelines.

official document · source cfr-2024

Activities that are not deemed reexports.

CFR · 2024-01-01 · US · Title 15

The following activities are not deemed reexports (see “deemed reexport” definition in § 734.14(b)): (a) (1) The entity is authorized to receive the “technology” or source code at issue, whether by a license, license exception, or situation where no license is required under the EAR for such “technology” or source code; and (2) The entity has “knowledge” that the foreign national's most recent country of citizenship or permanent residency is that of a country to which export from the United States of the “technology” or source code at issue would be authorized by the EAR either under a license exception or in situations where no license under the EAR would be required. (b) (1) The entity is authorized to receive the “technology” or source code at issue, whether by a license, license exception, or through situations where no license is required under the EAR; (2) The foreign person is a (3) Such employee is a national exclusively of a country in Country Group A:5; and (4) The release of “technology” or source code takes place entirely within the physical territory of any such country, or within the United States. (c) (1) The entity is authorized to receive the “technology” or source code at issue, whether by a license, license exception, or situations where no license is required under the EAR; (2) The foreign person is a (3) The release takes place entirely within the physical territory of the country where the entity is located, conducts official business, or operates, or wi

official document · source cfr-2024

Activities that are not exports, reexports, or transfers.

CFR · 2024-01-01 · US · Title 15

(a) (1) Launching a spacecraft, launch vehicle, payload, or other item into space. (2) Transmitting or otherwise transferring “technology” or “software” to a person in the United States who is not a foreign person from another person in the United States. (3) Transmitting or otherwise making a transfer (in-country) within the same foreign country of “technology” or “software” between or among only persons who are not “foreign persons,” so long as the transmission or transfer does not result in a release to a foreign person or to a person prohibited from receiving the “technology” or “software.” (4) Shipping, moving, or transferring items between or among the United States, the District of Columbia, the Commonwealth of Puerto Rico, or the Commonwealth of the Northern Mariana Islands or any territory, dependency, or possession of the United States as listed in Schedule C, Classification Codes and Descriptions for U.S. Export Statistics, issued by the Bureau of the Census. (5) Sending, taking, or storing “technology” or “software” that is: (i) Unclassified; (ii) Secured using 'end-to-end encryption;' (iii) Secured using cryptographic modules (hardware or “software”) compliant with Federal Information Processing Standards Publication 140-2 (FIPS 140-2) or its successors, supplemented by “software” implementation, cryptographic key management and other procedures and controls that are in accordance with guidance provided (iv) Not intentionally stored in a country listed in Country

official document · source cfr-2024

Activities that are not exports, reexports, retransfers, or temporary imports.

CFR · 2024-01-01 · US · Title 22

(a) The following activities are not exports, reexports, retransfers, or temporary imports: (1) Launching a spacecraft, launch vehicle, payload, or other item into space; (2) Transmitting or otherwise transferring technical data to a U.S. person in the United States from a person in the United States; (3) Transmitting or otherwise transferring within the same foreign country technical data between or among only U.S. persons, so long as the transmission or transfer does not result in a release to a foreign person or transfer to a person prohibited from receiving the technical data; (4) Shipping, moving, or transferring defense articles between or among the United States as defined in § 120.60; (5) Sending, taking, or storing technical data that is: (i) Unclassified; (ii) Secured using end-to-end encryption; (iii) Secured using cryptographic modules (hardware or software) compliant with the Federal Information Processing Standards Publication 140-2 (FIPS 140-2) or its successors, supplemented by software implementation, cryptographic key management and other procedures and controls that are in accordance with guidance provided in current U.S. National Institute for Standards and Technology (NIST) publications, or by other cryptographic (iv) Not intentionally sent to a person in or stored in a country proscribed in § 126.1 of this subchapter or the Russian Federation; and (v) Not sent from a country proscribed in § 126.1 of this subchapter or the Russian Federation. (b)(1) For p

official document · source cfr-2024

Activities that are part of, or incidental to, the business of banking.

CFR · 2024-01-01 · US · Title 12

(a) (b) (c) (i) Whether the activity is the functional equivalent to, or a logical outgrowth of, a recognized banking activity; (ii) Whether the activity strengthens the bank by benefiting its customers or its business; (iii) Whether the activity involves risks similar in nature to those already assumed by banks; and (iv) Whether the activity is authorized for State-chartered banks. (2) The weight accorded each factor set out in paragraph (c)(1) of this section depends on the facts and circumstances of each case. (d) (i) Whether the activity facilitates the production or delivery of a bank's products or services, enhances the bank's ability to sell or market its products or services, or improves the effectiveness or efficiency of the bank's operations, in light of risks presented, innovations, strategies, techniques and new technologies for producing and delivering financial products and services; and (ii) Whether the activity enables the bank to use capacity acquired for its banking operations or otherwise avoid economic loss or waste. (2) The weight accorded each factor set out in paragraph (d)(1) of this section depends on the facts and circumstances of each case.

official document · source cfr-2024

Activities that improve health care quality.

CFR · 2024-01-01 · US · Title 42

(a) (i) Fall into one of the categories in paragraph (a)(2) of this section and meet all of the requirements in paragraph (a)(3) of this section; or (ii) Be listed in paragraph (a)(4) of this section. (2) (i) To improve health outcomes through the implementation of activities such as quality reporting, effective case management, care coordination, chronic disease management, and medication and care compliance initiatives, including through the use of the medical homes model as defined for purposes of section 3602 of the Patient Protection and Affordable Care Act, for treatment or services under the plan or coverage. (ii) To prevent hospital readmissions through a comprehensive program for hospital discharge that includes patient-centered education and counseling, comprehensive discharge planning, and post-discharge reinforcement by an appropriate health care professional. (iii) To improve patient safety and reduce medical errors through the appropriate use of best clinical practices, evidence-based medicine, and health information technology under the plan or coverage. (iv) To promote health and wellness. (v) To enhance the use of health care data to improve quality, transparency, and outcomes and support meaningful use of health information technology. Such activities, such as Health Information Technology (HIT) expenses, are required to accomplish the activities that improve health care quality and that are designed for use by health plans, health care providers, or enrolle

official document · source cfr-2024

Activities that improve health care quality.

CFR · 2024-01-01 · US · Title 42

(a) (i) Fall into one of the categories in paragraph (a)(2) of this section and (ii) Be listed in paragraph (a)(4) of this section. (2) (i) To improve health outcomes through the implementation of activities such as quality reporting, effective case management, care coordination, chronic disease management, and medication and care compliance initiatives, including through the use of the medical homes model as defined for purposes of section 3602 of the Patient Protection and Affordable Care Act, for treatment or services under the plan or coverage. (ii) To prevent hospital readmissions through a comprehensive program for hospital discharge that includes patient-centered education and counseling, comprehensive discharge planning, and post-discharge reinforcement by an appropriate health care professional. (iii) To improve patient safety and reduce medical errors through the appropriate use of best clinical practices, evidence-based medicine, and health information technology under the plan or coverage. (iv) To promote health and wellness. (v) To enhance the use of health care data to improve quality, transparency, and outcomes and support meaningful use of health information technology. Activities, such as Health Information Technology (HIT) expenses, are required to accomplish the activities that improve health care quality and that are designed for use by health plans, health care providers, or enrollees for the electronic creation, maintenance, access, or exchange of health

official document · source cfr-2024

Activities that improve health care quality.

CFR · 2024-01-01 · US · Title 45

(a) (b) (1) The activity must be designed to: (i) Improve health quality. (ii) Increase the likelihood of desired health outcomes in ways that are capable of being objectively measured and of producing verifiable results and achievements. (iii) Be directed toward individual enrollees or incurred for the benefit of specified segments of enrollees or provide health improvements to the population beyond those enrolled in coverage as long as no additional costs are incurred due to the non-enrollees. (iv) Be grounded in evidence-based medicine, widely accepted best clinical practice, or criteria issued by recognized professional medical associations, accreditation bodies, government agencies or other nationally recognized health care quality organizations. (2) The activity must be primarily designed to: (i) Improve health outcomes including increasing the likelihood of desired outcomes compared to a baseline and reduce health disparities among specified populations. (A) Examples include the direct interaction of the issuer (including those services delegated by contract for which the issuer retains ultimate responsibility under the insurance policy), providers and the enrollee or the enrollee's representative (for example, face-to-face, telephonic, web-based interactions or other means of communication) to improve health outcomes, including activities such as: ( ( ( ( ( ( (B) [Reserved] (ii) Prevent hospital readmissions through a comprehensive program for hospital discharge. Exam

official document · source cfr-2024