Part 9301 Disclosure of Records and Information
Part 9302 Requests for Testimony or the Production of Records in a Court or Other Proceedings in Which the United States Is Not a Party
Part 9303 Supplemental Standards of Ethical Conduct for Employees of the Office of the Special Inspector General for Afghanistan Reconstruction

Terms Used In CFR > Title 5 > Chapter LXXXIII

  • Acquisition: means acquiring ADP equipment or services from commercial sources or from State or local government resources. See 45 CFR 95.605
  • Acquisition Checklist: means the standard Department checklist that States can submit to meet prior written approval requirements instead of submitting the actual Request for Proposal (RFP), contracts or contract amendments. See 45 CFR 95.605
  • Acquisition cost: means the cost of the asset including the cost to ready the asset for its intended use. See 45 CFR 75.2
  • Act: means the Department of the Interior Appropriations Act, Fiscal Year 1981 (Pub. See 43 CFR 3130.0-5
  • Act: means the applicable provisions of the Agricultural Marketing Act of 1946 (60 Stat. See 7 CFR 51.2
  • Act: means the Rehabilitation Act of 1973, Public Law 93-112, as amended by the Rehabilitation Act Amendments of 1974, (Pub. See 45 CFR 1151.3
  • Actual drilling: means operations you conduct that are similar to those that a person seriously looking for oil or gas could be expected to conduct in that particular area, given the existing knowledge of geologic and other pertinent facts about the area to be drilled. See 43 CFR 3137.5
  • Administrator: means the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate. See 49 CFR 107.1
  • Administrator: means the Administrator of the United States Environmental Protection Agency or the Administrator's duly authorized representative. See 40 CFR 96.102
  • Administrator: means the Administrator of Agricultural Marketing Service. See 7 CFR 51.2
  • ADP: means data processing performed by a system of electronic or electrical machines so interconnected and interacting as to minimize the need for human assistance or intervention. See 45 CFR 95.605
  • Affected Entity: is an entity that applies for and/or receives Federal financial assistance from EPA including but not limited to: State and local governments, Indian Tribes, Intertribal Consortia, Institutions of Higher Education, Hospitals, and other Non-profit Organizations, and Individuals. See 49 CFR 106.85
  • Agency: means any executive department, military department, Government corporation, Government-controlled corporation or other establishment in the Executive Branch of the Government or any independent regulatory agency. See 49 CFR 1007.2
  • Agricultural Marketing Service: means the Agricultural Marketing Service of the Department. See 7 CFR 51.2
  • Allocation: means the process of assigning a cost, or a group of costs, to one or more cost objective(s), in reasonable proportion to the benefit provided or other equitable relationship. See 45 CFR 75.2
  • allowance: means a limited authorization issued by a permitting authority or the Administrator under provisions of a State implementation plan that are approved under §51. See 40 CFR 96.102
  • Allowance Tracking System: means the system by which the Administrator records allocations, deductions, and transfers of CAIR NO40 CFR 96.102
  • allowances: means the permanent withdrawal of CAIR NO40 CFR 96.102
  • Annual Trading Program: means a multi-state nitrogen oxides air pollution control and emission reduction program approved and administered by the Administrator in accordance with subparts AA through II of this part and §51. See 40 CFR 96.102
  • Annuity: means a recurring payment due an entitled person for a calendar month and made to him or her on the first day of the following month. See 43 CFR 3160.0-9
  • Applicant: means the person in whose name a special permit, approval, registration, a renewed or modified special permit or approval, or party status to a special permit is requested to be issued. See 49 CFR 107.1
  • Applicant: means any interested party who has applied for inspection service under the regulations in this part. See 7 CFR 51.2
  • Application: means a request under subpart B of this part for a special permit, a renewal or modification of a special permit, party status to a special permit, or a request under subpart H of this part for an approval, or renewal or modification of an approval. See 49 CFR 107.1
  • Appropriate selection period: means the statutory or regulatory period within which the lands were available for Native selection under the act. See 43 CFR 2655.0-5
  • Approval: means a written authorization, including a competent authority approval, issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171 through 180). See 49 CFR 105.5
  • Approval: means a written authorization, including a competent authority approval, issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, to perform a function for which prior authorization by the Associate Administrator is required under subchapter C of this chapter (49 CFR parts 171 through 180). See 49 CFR 107.1
  • Assistant Attorney General: means the Assistant Attorney General, Civil Rights Division, United States Department of Justice. See 49 CFR 1014.103
  • Associate Administrator: means Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. See 49 CFR 105.5
  • Associate Administrator: means the Associate Administrator for Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration. See 49 CFR 107.1
  • Audit finding: means deficiencies which the auditor is required by §75. See 45 CFR 75.2
  • Auditee: means any non-Federal entity that expends Federal awards which must be audited under subpart F-of this part. See 45 CFR 75.2
  • Auditor: means an auditor who is a public accountant, or a Federal, state, local government, or Indian Tribe audit organization, which meets the general standards specified for external auditors in generally accepted government auditing standards (GAGAS). See 45 CFR 75.2
  • Authorized agency official: means the head of an agency or an official who is authorized to act for the head of the agency in the matter concerned. See 14 CFR 25.1021
  • Authorized representative: means any entity or individual authorized by the Secretary to perform duties by cooperative agreement, delegation or contract. See 43 CFR 3160.0-5
  • Auxiliary aids: means services or devices that enable persons with impaired sensory, manual, or speaking skills to have an equal opportunity to participate in, and enjoy the benefits of, programs or activities conducted by the agency. See 49 CFR 1014.103
  • Award: means any grant, cooperative agreement or loan made with Recovery Act funds. See 30 CFR 57.14209
  • Base contract: means the initial contractual activity, including all option years, allowed during a defined unit of time, for example, 2 years. See 45 CFR 95.605
  • Benefit: means any employee annuity, spouse annuity, survivor annuity, or lump-sum payment under the Railroad Retirement Act. See 43 CFR 3160.0-9
  • BLM: means the Bureau of Land Management. See 43 CFR 2801.5
  • BLM: means the Bureau of Land Management. See 43 CFR 3601.5
  • Board: means the Surface Transportation Board. See 49 CFR 1007.2
  • Board: means the Surface Transportation Board. See 49 CFR 1022.2
  • Boiler: means an enclosed fossil- or other-fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium. See 40 CFR 96.102
  • CAIR permit: means the legally binding and federally enforceable written document, or portion of such document, issued by the permitting authority under subpart CC of this part, including any permit revisions, specifying the CAIR NO40 CFR 96.102
  • Carlot: "Carlot"means any number of containers which contain a product of the same kind located on or unloaded from the same conveyance and available for inspection at the same time and location: Provided, That:

    (1) Product of the same carlot shall be considered to be separate lots whenever the product differs markedly as to quality and/or condition, and such differences are definitely associated with certain brands, varieties, sizes or container markings. See 7 CFR 51.2

  • Casual use: means activities that involve practices which do not ordinarily lead to any appreciable disturbance or damage to lands, resources and improvements. See 43 CFR 3150.0-5
  • Certified: means having the certification that OPM, with OMB concurrence, grants under 5 U. See 14 CFR 25.1021
  • Chairman: means the Presidentially appointed Board Member who is the administrative head of the Surface Transportation Board. See 49 CFR 1007.2
  • Civil monetary penalty: means any penalty, fine, or other sanction that:

    (1)(i) Is for a specific monetary amount as provided by federal law. See 49 CFR 1022.2

  • Claimant: means the person who files an application for an annuity or lump-sum payment for himself, herself, or some other person. See 43 CFR 3160.0-9
  • Closeout: means the process by which the Federal awarding agency or pass-through entity determines that all applicable administrative actions and all required work of the Federal award have been completed and takes actions as described in §75. See 45 CFR 75.2
  • Cluster of programs: means a grouping of closely related programs that share common compliance requirements. See 45 CFR 75.2
  • Cogeneration unit: means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine:

    (1) Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy. See 40 CFR 96.102

  • Cognizant agency for audit: means the Federal agency designated to carry out the responsibilities described in §75. See 45 CFR 75.2
  • Cognizant agency for indirect costs: means the Federal agency responsible for reviewing, negotiating, and approving cost allocation plans or indirect cost proposals developed under this part on behalf of all Federal agencies. See 45 CFR 75.2
  • Combined hydrocarbon lease: means a lease issued in a Special Tar Sand Area for the removal of gas and nongaseous hydrocarbon substances other than coal, oil shale or gilsonite. See 43 CFR 3140.0-5
  • Combined hydrocarbon lease: means a lease issued in a Special Tar Sand Area for the removal of any gas and nongaseous hydrocarbon substance other than coal, oil shale or gilsonite. See 43 CFR 3141.0-5
  • Compartment: means any space on a vessel that is enclosed by the vessel's decks and its sides or permanent steel bulkheads. See 49 CFR 176.2
  • Complete complaint: means a written statement that contains the complainant's name and address and describes the agency's alleged discriminatory action in sufficient detail to inform the agency of the nature and date of the alleged violation of section 504. See 49 CFR 1014.103
  • Compliance account: means a CAIR NO40 CFR 96.102
  • Compliance supplement: means appendix XI to part 75 (previously known as the Circular A-133 Compliance Supplement). See 45 CFR 75.2
  • Conclusion: In this Example 1, the requirement to pass a physical examination in order to enroll in the plan is a rule for eligibility that discriminates based on one or more health factors and thus violates this paragraph (b)(1). See 45 CFR 146.121
  • Constructive drilling: means those activities that are necessary to prepare for actual drilling that occur after BLM approves an application to drill, but before you actually drill the well. See 43 CFR 3137.5
  • Continuing development obligations: means a program of development or operations you conduct that, after you complete initial obligations defined in a unit agreement--

    (1) Meets or exceeds the rate of non-unit operations in the vicinity of the unit. See 43 CFR 3137.5

  • Contract: means a legal instrument by which a non-Federal entity purchases property or services needed to carry out the project or program under a Federal award. See 45 CFR 75.2
  • Contractor: means an entity that receives a contract as defined in Contract. See 45 CFR 75.2
  • Control period: means the period beginning January 1 of a calendar year, except as provided in §96. See 40 CFR 96.102
  • Convincing evidence: means one or more pieces of evidence that proves to the satisfaction of the Board that an individual meets a requirement for eligibility for benefits. See 43 CFR 3160.0-9
  • Cooperative audit resolution: means the use of audit follow-up techniques which promote prompt corrective action by improving communication, fostering collaboration, promoting trust, and developing an understanding between the Federal agency and the non-Federal entity. See 45 CFR 75.2
  • Corrective action: means action taken by the auditee that:

    (1) Corrects identified deficiencies. See 45 CFR 75.2

  • Cost allocation plan: means central service cost allocation plan or public assistance cost allocation plan. See 45 CFR 75.2
  • Cost-of-Living Adjustment: means the percentage (if any) by which the Consumer Price Index for the month of October preceding the adjustment exceeds the Consumer Price Index for the month of October one year before the month of October preceding date of the adjustment. See 49 CFR 1022.2
  • Cross-cutting audit finding: means an audit finding where the same underlying condition or issue affects Federal awards of more than one Federal awarding agency or pass-through entity. See 45 CFR 75.2
  • Data processing: means the preparation of source media containing data or basic elements of information and the use of such source media according to precise rules or procedures to accomplish such operations as classifying, sorting, calculating, summarizing, recording and transmitting. See 45 CFR 95.605
  • Definitions: The definitions in this paragraph (f)(1) govern in applying the provisions of this paragraph (f). See 45 CFR 146.121
  • Department: means the Department of Health and Human Service. See 45 CFR 95.605
  • Development: means the definition of system requirements, detailing of system and program specifications, programming and testing. See 45 CFR 95.605
  • Disallowed costs: means those charges to a Federal award that the Federal awarding agency or pass-through entity determines to be unallowable, in accordance with the applicable Federal statutes, regulations, or the terms and conditions of the Federal award. See 45 CFR 75.2
  • Dispute: is a disagreement by an Affected Entity with a specific Agency Decision regarding a pre-award or post-award action. See 49 CFR 106.85
  • Drainage: means the migration of hydrocarbons, inert gases (other than helium), or associated resources caused by production from other wells. See 43 CFR 3137.5
  • Drainage: means the migration of hydrocarbons, inert gases (other than helium), or associated resources caused by production from other wells. See 43 CFR 3160.0-5
  • Eligible: means that a person meets all of the requirements for payment of benefits but has not yet applied therefor. See 43 CFR 3160.0-9
  • Emissions: means air pollutants exhausted from a unit or source into the atmosphere, as measured, recorded, and reported to the Administrator by the CAIR designated representative and as determined by the Administrator in accordance with subpart HH of this part. See 40 CFR 96.102
  • Endowment: means the National Endowment for the Arts. See 45 CFR 1151.3
  • Enhanced matching rate: means the higher than regular rate of FFP authorized by Title IV-D, IV-E, and XIX of the Social Security Act for acquisition of services and equipment that conform to specific requirements designed to improve administration of the Child Support Enforcement, Foster Care and Adoption Assistance, and Medicaid programs. See 45 CFR 95.605
  • Entitled: means that a person has applied for and has proved his or her right to payment of benefits. See 43 CFR 3160.0-9
  • Equipment: means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the non-Federal entity for financial statement purposes, or $5,000. See 45 CFR 75.2
  • Established requirements: means applicable law and regulations, lease, license or permit terms, conditions and special stipulations. See 43 CFR 3590.0-5
  • et seq:

    File or Filed means received by the appropriate PHMSA or other designated office within the time specified in a regulation or rulemaking document. See 49 CFR 105.5

  • Evidence: means any record or document or testimony that helps to show whether a person is eligible for benefits. See 43 CFR 3160.0-9
  • Example: The provisions of this paragraph (f)(3) are illustrated by the following example:

    Example. See 45 CFR 146.121
  • Examples: The rules of this paragraph (c)(2) are illustrated by the following examples:

    Example 1. See 45 CFR 146.121
  • Excess emissions: means any ton of nitrogen oxides emitted by the CAIR NO40 CFR 96.102
  • Expenditures: means charges made by a non-Federal entity to a project or program for which a Federal award was received. See 45 CFR 75.2
  • Facility: means an improvement or structure, whether existing or planned, that is or would be owned and controlled by the grant or lease holder within a right-of-way. See 43 CFR 2801.5
  • Facility: means all or any portion of buildings, structures, equipment, roads, walks, parking lots, rolling stock or other conveyances, or other real or personal property. See 49 CFR 1014.103
  • Facility: means all or any portion of buildings, structures, equipment, roads, walks, parking lots, or other real or personal property or interest in such property. See 45 CFR 1151.3
  • Facts: An employer sponsors a group health plan that is available to all employees who enroll within the first 30 days of their employment. See 45 CFR 146.121
  • Feasibility study: means a preliminary study to determine whether it is sufficiently probable that effective and efficient use of ADP equipment or systems can be made to warrant a substantial investment of staff, time, and money being requested and whether the plan is capable of being accomplished successfully. See 45 CFR 95.605
  • Federal agency: means an "agency" as defined at 5 U. See 45 CFR 75.2
  • Federal awarding agency: means the Federal agency that provides a Federal award directly to a non-Federal entity. See 45 CFR 75.2
  • Federal financial assistance: means any grant, loan, contract (other than a procurement contract or a contract of insurance or guaranty), or any other arrangement by which the Endowment provides or otherwise makes available assistance in the form of:

    (1) Funds. See 45 CFR 1151.3

  • Federal hazardous material transportation law: means 49 U. See 49 CFR 107.1
  • Federal lands: means all lands and interests in lands owned by the United States which are subject to the mineral leasing laws, including mineral resources or mineral estates reserved to the United States in the conveyance of a surface or nonmineral estate. See 43 CFR 3160.0-5
  • Federal program office: means the Federal program office within the Department that is authorized to approve requests for the acquisition of ADP equipment or ADP services. See 45 CFR 95.605
  • Federal share: means the portion of total project costs that are paid by Federal funds. See 45 CFR 75.2
  • Federal-State Inspection Agency: means any State agency, business association or trade organization, private firm, or other person or corporation with which the Department has entered into a cooperative agreement for inspection service. See 7 CFR 51.2
  • FFP: means Federal financial participation. See 45 CFR 95.605
  • Filed: means received by the appropriate PHMSA or other designated office within the time specified in a regulation or rulemaking document. See 49 CFR 107.1
  • Fossil fuel: means natural gas, petroleum, coal, or any form of solid, liquid, or gaseous fuel derived from such material. See 40 CFR 96.102
  • Fresh water: means water containing not more than 1,000 ppm of total dissolved solids, provided that such water does not contain objectionable levels of any constituent that is toxic to animal, plant or aquatic life, unless otherwise specified in applicable notices or orders. See 43 CFR 3160.0-5
  • General rule: Under the rules of paragraphs (b) and (c) of this section, a plan or issuer may not establish a rule for eligibility (as described in paragraph (b)(1)(ii) of this section) or set any individual's premium or contribution rate based on whether an individual is confined to a hospital or other health care institution. See 45 CFR 146.121
  • General Systems Design: means a combination of narrative and graphic description of the generic architecture of a system as opposed to the detailed architecture of the system. See 45 CFR 95.605
  • Generally: This section applies for plan years beginning on or after July 1, 2007. See 45 CFR 146.121
  • Generator: means a device that produces electricity. See 40 CFR 96.102
  • Grant: means any authorization or instrument (e. See 43 CFR 2801.5
  • Handicapped person: means any person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. See 49 CFR 1014.103
  • Handling: means the operation of loading and unloading a vessel. See 49 CFR 176.2
  • Hardware: means automatic equipment that accepts and stores data, performs calculations and other processing steps, and produces information. See 45 CFR 95.605
  • Hazardous material: means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U. See 49 CFR 105.5
  • HHS awarding agency: means any organization component of HHS that is authorized to make and administer awards. See 45 CFR 75.2
  • Historic preservation programs: means programs conducted by the agency that have preservation of historic properties as a primary purpose. See 49 CFR 1014.103
  • Historic properties: means those properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under a statute of the appropriate State or local government body. See 49 CFR 1014.103
  • HMR: means the regulations at 49 CFR parts 171 through 180. See 49 CFR 105.5
  • Holder: means the person in whose name a special permit or approval has been issued. See 49 CFR 107.1
  • Holding agency: means any Federal agency claiming use of a tract of land subject to these regulations. See 43 CFR 2655.0-5
  • Implementation APD: means a recorded plan of action to request Federal Financial Participation (FFP) in the costs of designing, developing, and implementing the system. See 45 CFR 95.605
  • Indian tribe: means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U. See 45 CFR 75.2
  • Individual: means a citizen of the United States or an alien lawfully admitted for permanent residence. See 49 CFR 1007.2
  • Inspector: means any employee of the Department authorized by the Secretary or any other person licensed by the Secretary, to investigate, sample, inspect, and certify, in accordance with the regulations in this part, to any interested party the quality, quantity and/or condition of any fresh product covered in this part, and to perform related duties in connection with the inspection service. See 7 CFR 51.2
  • Installation: means the integrated testing of programs and subsystems, system conversion, and turnover to operation status. See 45 CFR 95.605
  • Interested party: means any person who has a financial interest in the product for which inspection is requested. See 7 CFR 51.2
  • Internal controls: means a process, implemented by a non-Federal entity, designed to provide reasonable assurance regarding the achievement of objectives in the following categories:

    (1) Effectiveness and efficiency of operations. See 45 CFR 75.2

  • Investigation: includes investigations authorized under 49 U. See 49 CFR 107.1
  • Knowingly or willfully: means a violation that constitutes the voluntary or conscious performance of an act that is prohibited or the voluntary or conscious failure to perform an act or duty that is required. See 43 CFR 3160.0-5
  • Lease: means any contract, profit-share arrangement, joint venture or other agreement issued or approved by the United States under a mineral leasing law that authorizes exploration for, extraction of or removal of oil or gas. See 43 CFR 3160.0-5
  • Lease site: means any lands, including the surface of a severed mineral estate, on which exploration for, or extraction and removal of, oil or gas is authorized under a lease. See 43 CFR 3160.0-5
  • Lessee: means any person holding record title or owning operating rights in a lease issued or approved by the United States. See 43 CFR 3160.0-5
  • Lessee: means any person, partnership, association, corporation or municipality that holds a mineral lease, through issuance or assignment, in whole or part, which lease is subject to the provisions of this part. See 43 CFR 3590.0-5
  • Lessor: means the party to a lease who holds legal or beneficial title to the mineral estate in the leased lands. See 43 CFR 3160.0-5
  • Loan: means a Federal loan or loan guarantee received or administered by a non-Federal entity, except as used in the definition of Program income. See 45 CFR 75.2
  • loan guarantee: means any Federal Government guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. See 45 CFR 75.2
  • Local government: means any unit of government within a state, including a:

    (1) County. See 45 CFR 75.2

  • Magazine: means an enclosure designed to protect certain goods of Class 1 (explosive) materials from damage by other cargo and adverse weather conditions during loading, unloading, and when in transit. See 49 CFR 176.2
  • Maintain: means the maintenance, collection, use, or dissemination (of records). See 49 CFR 1007.2
  • Major program: means a Federal program determined by the auditor to be a major program in accordance with §75. See 45 CFR 75.2
  • Major violation: means noncompliance that causes or threatens immediate, substantial, and adverse impacts on public health and safety, the environment, production accountability, or royalty income. See 43 CFR 3160.0-5
  • Management decision: means the evaluation by the Federal awarding agency or pass-through entity of the audit findings and corrective action plan and the issuance of a written decision to the auditee as to what corrective action is necessary. See 45 CFR 75.2
  • Maximum ultimate economic recovery: means the recovery of oil and gas from leased lands which a prudent operator could be expected to make from that field or reservoir given existing knowledge of reservoir and other pertinent facts and utilizing common industry practices for primary, secondary or tertiary recovery operations. See 43 CFR 3160.0-5
  • Minor violation: means noncompliance that does not rise to the level of a major violation. See 43 CFR 3160.0-5
  • Monitoring: means those actions the Federal government performs to ensure compliance with the terms, conditions, and stipulations of a grant. See 43 CFR 2801.5
  • Movement: means a change of an SL or ST employee from one SL or ST position to a different SL or ST position without a break in service under procedures that meet applicable requirements for staffing positions in the competitive service and excepted service. See 14 CFR 25.1021
  • Non-Federal entity: means a state, local government, Indian tribe, institution of higher education (IHE), or nonprofit organization that carries out a Federal award as a recipient or subrecipient. See 45 CFR 75.2
  • Noncompetitive: means solicitation of a proposal from only one source, or after solicitation of a number of sources, negotiation with selected sources based on a finding that competition is inadequate. See 45 CFR 95.605
  • Nonprofit organization: means any corporation, trust, association, cooperative, or other organization, not including IHEs, that:

    (1) Is operated primarily for scientific, educational, service, charitable, or similar purposes in the public interest. See 45 CFR 75.2

  • Not certified: means lacking the certification that OPM, with OMB concurrence, grants under 5 U. See 14 CFR 25.1021
  • NPR-A: means the area formerly within Naval Petroleum Reserve Numbered 4 Alaska which was redesignated as the National Petroleum Reserve--Alaska by the Naval Petroleum Reserves Production Act of 1976 (42 U. See 43 CFR 3130.0-5
  • NPR-A lease: means any oil and gas lease within the boundaries of the NPR-A, issued and administered by the United States under the Naval Petroleum Reserves Production Act of 1976, as amended (42 U. See 43 CFR 3137.5
  • Off-cycle pay increase: means any increase in a senior professional's rate of basic pay that becomes effective on a date other than the date specified in §534. See 14 CFR 25.1021
  • Oil and gas geophysical exploration: means activity relating to the search for evidence of oil and gas which requires the physical presence upon the lands and which may result in damage to the lands or the resources located thereon. See 43 CFR 3150.0-5
  • OMB: means the Office of Management and Budget. See 14 CFR 25.1021
  • Onshore oil and gas order: means a formal numbered order issued by the Director that implements and supplements the regulations in this part. See 43 CFR 3160.0-5
  • Operating rights owner: means a person who owns operating rights in a lease. See 43 CFR 3160.0-5
  • Operation: means the automated processing of data used in the administration of State plans for titles I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI(AABD), XIX, and XXI of the Social Security Act. See 45 CFR 95.605
  • Operator: means any person or entity including but not limited to the lessee or operating rights owner, who has stated in writing to the authorized officer that it is responsible under the terms and conditions of the lease for the operations conducted on the leased lands or a portion thereof. See 43 CFR 3160.0-5
  • Operator: means any person who operates, controls, or supervises a CAIR NO40 CFR 96.102
  • Operator: means anyone authorized to conduct operations pursuant to the regulations in this part. See 43 CFR 3590.0-5
  • OPM: means the Office of Personnel Management. See 14 CFR 25.1021
  • Oversight agency for audit: means the Federal awarding agency that provides the predominant amount of funding directly to a non-Federal entity not assigned a cognizant agency for audit. See 45 CFR 75.2
  • Owner: means any of the following persons:

    (1) With regard to a CAIR NO40 CFR 96.102

  • Owner of a valid claim based on a mineral location: means all parties appearing on the title records recognized as official under State law as having the right to sell or transfer any part of the mining claim, which was located within a Special Tar Sand Area prior to January 21, 1926, for any hydrocarbon resource, except coal, oil shale or gilsonite, leasable under the Combined Hydrocarbon Leasing Act. See 43 CFR 3140.0-5
  • Owner of an oil and gas lease: means all of the record title holders of an oil gas lease. See 43 CFR 3140.0-5
  • Participants: Subject to paragraph (d)(3) of this section, a plan or issuer may treat participants as two or more distinct groups of similarly situated individuals if the distinction between or among the groups of participants is based on a bona fide employment-based classification consistent with the employer's usual business practice. See 45 CFR 146.121
  • Participating area: means those committed tracts or portions of those committed tracts within the unit area that are proven to be productive by a well meeting the productivity criteria specified in the unit agreement. See 43 CFR 3137.5
  • Partnership qualified policy: refers to a qualified long-term care insurance policy issued under a qualified State long-term care insurance partnership. See 45 CFR 144.202
  • Party: means a person, other than a holder, authorized to act under the terms of a special permit. See 49 CFR 107.1
  • Pass-through entity: means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program. See 45 CFR 75.2
  • Performance appraisal system: means the policies, practices, and procedures an agency establishes under 5 U. See 14 CFR 25.1021
  • Performance management system: means the framework of policies and practices that an agency uses to implement performance management, as described in §430. See 14 CFR 25.1021
  • Performance rating: means the written, or otherwise recorded, appraisal of performance compared to the SL or ST employee's performance standard(s) for each critical and non-critical element on which there has been an opportunity to perform for a minimum of 90 days. See 14 CFR 25.1021
  • Permitting authority: means the State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to issue or revise permits to meet the requirements of the CAIR NO40 CFR 96.102
  • Person: means an individual, firm, copartnership, corporation, company, association, or joint-stock association (including any trustee, receiver, assignee, or similar representative). See 49 CFR 105.5
  • Person: means an individual, firm, copartnership, corporation, company, association, or joint-stock association (including any trustee, receiver, assignee, or similar representative). See 49 CFR 107.1
  • Person: means any individual, firm, corporation, association, partnership, consortium or joint venture. See 43 CFR 3160.0-5
  • Person: means any individual, partnership, association, business trust, corporation, any organized group of persons (whether incorporated or not), the United States (including, but not limited to, any corporate agencies thereof), and any State, county, or municipal government, any common carrier, and any authorized agent of any of the foregoing. See 7 CFR 51.2
  • Personal property: means property of any kind except real property. See 45 CFR 75.2
  • Portable magazine: means a strong, closed, prefabricated, steel or wooden, closed box or container, other than a freight container, designed and used to handle Class 1 (explosive) materials either by hand or mechanical means. See 49 CFR 176.2
  • Primary target: means the principal geologic formation that you intend to develop and produce. See 43 CFR 3137.5
  • Prior approval: means written approval by an authorized HHS official evidencing prior consent before a recipient undertakes certain activities or incurs specific costs. See 45 CFR 75.2
  • Privacy Officer: refers to the individual designated to process requests and handle various other matters relating to the Board's implementation of the Privacy Act of 1974. See 49 CFR 1007.2
  • Program income: means gross income earned by the non-Federal entity that is directly generated by a supported activity or earned as a result of the Federal award during the period of performance except as provided in §75. See 45 CFR 75.2
  • Program or activity: means all of the operations of any entity described in paragraphs (h)(1) through (4) of this section, any part of which is extended Federal financial assistance:

    (1)(i) A department, agency, special purpose district, or other instrumentality of a State or of a local government. See 45 CFR 1151.3

  • Project: means a defined set of information technology related tasks, undertaken by the State to improve the efficiency, economy and effectiveness of administration and/or operation of one or more of its human services programs. See 45 CFR 95.605
  • Property: means real property or personal property. See 45 CFR 75.2
  • Protective well: means a well drilled or modified to prevent or offset drainage of oil and gas resources from its Federal or Indian lease. See 43 CFR 3160.0-5
  • Qualified long-term care insurance policy: means an insurance policy that has been determined by a State insurance commissioner to meet the requirements of sections 1917(b)(1)(C)(iii)(I) through (IV) and 1917(b)(5) of the Act. See 45 CFR 144.202
  • Qualified State long-term care insurance partnership: means an approved Medicaid State plan amendment that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a long-term care insurance policy that has been determined by a State insurance commissioner to meet the requirements of section 1917(b)(1)(C)(iii) of the Act. See 45 CFR 144.202
  • Rate of basic pay: means the rate of pay fixed by law or administrative action for an SL or ST employee under the provisions of 5 U. See 14 CFR 25.1021
  • Rating of record: means the performance rating prepared at the end of an appraisal period for performance of agency-assigned duties over the entire period and the assignment of a summary level within a pattern as specified in §430. See 14 CFR 25.1021
  • Recipient: means any entity other than an individual that receives Recovery Act funds in the form of a grant, cooperative agreement or loan directly from the Federal Government. See 30 CFR 57.14209
  • Recipient: means an entity, usually but not limited to non-Federal entities, that receives a Federal award directly from a Federal awarding agency to carry out an activity under a Federal program. See 45 CFR 75.2
  • Recipient: means any state or its political subdivision, any instrumentality of a state or its political subdivision, any public or private agency, institution, organization, or other entity, or any person to which federal financial assistance is extended directly or through another recipient, including any successor, assignee, or transferee of a recipient, but excluding the ultimate beneficiary of the assistance. See 45 CFR 1151.3
  • Reclamation: means the measures undertaken to bring about the necessary reconditioning or restoration of lands or water affected by exploration, mining, on-site processing operations or waste disposal in a manner which, among other things, will prevent or control on-site or offsite damage to the environment. See 43 CFR 3590.0-5
  • Record: means any item, collection or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. See 49 CFR 1007.2
  • Record title: means legal ownership of an oil and gas lease recorded in BLM's records. See 43 CFR 3137.5
  • Regular matching rate: means the normal rate of FFP authorized by titles IV-A, IV-B, IV-D, IV-E, X, XIV, XVI(AABD), XIX, and XXI of the Social Security Act for State and local agency administration of programs authorized by those titles. See 45 CFR 95.605
  • Regulations: means the regulations in this subpart. See 7 CFR 51.2
  • Report: means information, other than an application, registration or part thereof, required to be submitted to the Associate Administrator pursuant to this subchapter, subchapter B or subchapter C of this chapter. See 49 CFR 107.1
  • Representative: means a person who acts on behalf of a claimant in regard to his or her claim for benefits from the Board and in the presentation of evidence to support the claim. See 43 CFR 3160.0-9
  • Requirements Analysis: means determining and documenting the information needs and the functional and technical requirements the proposed computerized system must meet. See 45 CFR 95.605
  • Reservoir heterogeneity: means spatial differences in the oil and gas reservoir properties. See 43 CFR 3130.0-5
  • Respondent: means a person upon whom the PHMSA has served a notice of probable violation. See 49 CFR 107.1
  • Responsible person: means a person empowered by the master of the vessel to make all decisions relating to his or her specific task, and having the necessary knowledge and experience for that purpose. See 49 CFR 176.2
  • Reward: Except where expressly provided otherwise, references in this section to an individual obtaining a reward include both obtaining a reward (such as a discount or rebate of a premium or contribution, a waiver of all or part of a cost-sharing mechanism, an additional benefit, or any financial or other incentive) and avoiding a penalty (such as the absence of a premium surcharge or other financial or nonfinancial disincentive). See 45 CFR 146.121
  • Reworking operations: means all operations designed to secure, restore or improve production through some use of a hole previously drilled, including, but not limited to, mechanical or chemical treatment of any horizon, deepening to test deeper strata and plugging back to test higher strata. See 43 CFR 3130.0-5
  • Sampling: means the act of selecting samples of a commodity for the purpose of inspection under the regulations in this part. See 7 CFR 51.2
  • Secretary: means the Secretary of Agriculture of the United States or any officer or employee of the Agricultural Marketing Service to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. See 7 CFR 51.2
  • Senior professional: means an SL or ST employee. See 14 CFR 25.1021
  • Service agreement: means the document signed by the State or local agency and the State or local Central Data Processing facility whenever the latter provides data processing services to the former and:

    (a) Identifies those ADP services the Central Data Processing facility will provide. See 45 CFR 95.605

  • Similarly situated individuals: The requirements of this section apply only within a group of individuals who are treated as similarly situated individuals. See 45 CFR 146.121
  • Site: means an area, such as a mountaintop, where a holder locates one or more communication or other right-of-way facilities. See 43 CFR 2801.5
  • Skilled person: means a person having the knowledge and experience to perform a certain duty. See 49 CFR 176.2
  • Software: means a set of computer programs, procedures, and associated documentation used to operate the hardware. See 45 CFR 95.605
  • Software maintenance: means routine support activities that normally include corrective, adaptive, and perfective changes, without introducing additional functional capabilities. See 45 CFR 95.605
  • Solid waste incineration unit: means a stationary, fossil-fuel-fired boiler or stationary, fossil-fuel-fired combustion turbine that is a "solid waste incineration unit" as defined in section 129(g)(1) of the Clean Air Act. See 40 CFR 96.102
  • source: means a source that includes one or more CAIR NO40 CFR 96.102
  • Special permit: means a document issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, under the authority of 49 U. See 49 CFR 105.5
  • Special permit: means a document issued by the Associate Administrator, the Associate Administrator's designee, or as otherwise prescribed in the HMR, under the authority of 49 U. See 49 CFR 107.1
  • Special Tar Sand Area: means an area designated by the Department of the Interior's orders of November 20, 1980 (45 FR 76800), and January 21, 1981 (46 FR 6077) referred to in those orders as Designated Tar Sand Areas, as containing substantial deposits of tar sand. See 43 CFR 3140.0-5
  • Special Tar Sand Area: means an area designated by the Department of the Interior's Orders of November 20, 1980 (45 FR 76800), and January 21, 1981 (46 FR 6077), and referred to in those orders as Designated Tar Sand Areas, as containing substantial deposits of tar and sand. See 43 CFR 3141.0-5
  • State: means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary. See 49 CFR 105.5
  • State: means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, American Samoa, Guam, or any other territory or possession of the United States designated by the Secretary. See 49 CFR 107.1
  • State: means one of the States or the District of Columbia that adopts the CAIR NO40 CFR 96.102
  • State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U. See 45 CFR 75.2
  • State agency: means the State agency administering or supervising the administration of the State plan under titles I, IV, X, XIV, XVI(AABD), XIX or XXI of the Social Security Act. See 45 CFR 95.605
  • State Director: means the Director, Alaska State Office, Bureau of Land Management. See 43 CFR 2655.0-5
  • Subrecipient: means a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program. See 45 CFR 75.2
  • Substantial impairment: means a significant loss of the integrity of finished materials, design quality, or special character resulting from a permanent alteration. See 49 CFR 1014.103
  • Superintendent: means the superintendent of an Indian Agency, or other officer authorized to act in matters of record and law with respect to oil and gas leases on restricted Indian lands. See 43 CFR 3160.0-5
  • Surface use plan of operations: means a plan for surface use, disturbance, and reclamation. See 43 CFR 3160.0-5
  • system design: means a combination of narrative and diagrams describing the structure of a new or more efficient automatic data processing system. See 45 CFR 95.605
  • System of records: means a group of any records under the control of the Board retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. See 49 CFR 1007.2
  • Tar sand: means any consolidated or unconsolidated rock (other than coal, oil shale or gilsonite) that either: (1) Contains a hydrocarbonaceous material with a gas-free viscosity, at original reservoir temperature greater than 10,000 centipoise, or (2) contains a hydrocarbonaceous material and is produced by mining or quarrying. See 43 CFR 3141.0-5
  • Termination: means the ending of a Federal award, in whole or in part at any time prior to the planned end of period of performance. See 45 CFR 75.2
  • Title V operating permit: means a permit issued under title V of the Clean Air Act and part 70 or part 71 of this chapter. See 40 CFR 96.102
  • Ton: means 2,000 pounds. See 40 CFR 96.102
  • Tract: means land that may be included in an NPR-A oil and gas unit agreement and that may or may not be in a Federal lease. See 43 CFR 3137.5
  • Trading Program: means a multi-state sulfur dioxide air pollution control and emission reduction program approved and administered by the Administrator in accordance with subparts AAA through III of this part and §51. See 40 CFR 96.102
  • Transfer: means any movement, as defined in this section, that is a change of a senior professional from an SL or ST position in one agency to an SL or ST position in another agency without a break in service of at least 1 full workday. See 14 CFR 25.1021
  • Transportation: means the movement of property and loading, unloading, or storage incidental to the movement. See 49 CFR 105.5
  • transportation: means the movement of property and loading, unloading, or storage incidental to the movement. See 49 CFR 107.1
  • Ultimate maximum recovery: means that all portions of a leased Federal mineral deposit shall be mined, based on standard industry operating practices. See 43 CFR 3590.0-5
  • unit: means a unit that is subject to the CAIR NO40 CFR 96.102
  • Unit agreement: means a BLM-approved agreement to cooperate in exploring, developing, operating and sharing in production of all or part of an oil or gas pool, field or like area, including at least one NPR-A lease, without regard to lease boundaries and ownership. See 43 CFR 3137.5
  • Unit area: means all tracts committed to a BLM-approved unit. See 43 CFR 3137.5
  • Unitization: means unitization as that term is defined in 43 CFR part 3180. See 43 CFR 3140.0-5
  • Utility power distribution system: means the portion of an electricity grid owned or operated by a utility and dedicated to delivering electricity to customers. See 40 CFR 96.102
  • Variation in reservoir producibility: means differences in the rates oil and gas wells produce from the reservoir. See 43 CFR 3130.0-5
  • Waiver of Preemption: means a decision by the Associate Administrator to forego preemption of a non-Federal requirement--that is, to allow a State, political subdivision or Indian tribe requirement to remain in effect. See 49 CFR 105.5
  • you: when used in this subpart, refers to the State agency for surplus property (SASP). See 41 CFR 102-37.375