alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Page 11258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4521]



[[Page 11258]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R1-ES-2010-N287; 10120-1113-0000-F5]


Endangered Plants; Receipt of Application for Enhancement of 
Survival Permit

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability of a permit application; request for 
comments.

-----------------------------------------------------------------------

SUMMARY: In accordance with the requirements of the Endangered Species 
Act of 1973, as amended (Act), we, the U.S. Fish and Wildlife Service 
(Service), invite the public to comment on an application for a permit 
to conduct enhancement of survival activities with an endangered 
species.

DATES: To ensure consideration, please send your written comments by 
March 31, 2011.

ADDRESSES: Program Manager, Endangered Species, Ecological Services, 
U.S. Fish and Wildlife Service, 911 NE. 11th Avenue, Portland, OR 
97232-4181.

FOR FURTHER INFORMATION CONTACT: Linda Belluomini, Fish and Wildlife 
Biologist, at the above address or by telephone (503-231-6131) or fax 
(503-231-6243).

SUPPLEMENTARY INFORMATION: The following applicant has applied for a 
recovery permit to conduct certain activities with endangered species 
under section 10(a)(1)(A) of the Act (16 U.S.C. 1531 et seq.). We are 
soliciting review of and comments on this application by local, State, 
and Federal agencies and the public.

Permit No. TE-30445A

    Applicant: Benjamin Blonder, Tucson, Arizona.
    The applicant requests a permit to remove/reduce to possession 
Argyroxiphium kauense (Mauna Loa silversword) at Hawaii Volcanoes 
National Park, Hawaii Island, Hawaii, in conjunction with scientific 
studies for the purpose of enhancing its survival.

Public Comments

    We are soliciting public review and comment on this recovery permit 
application. Submit written comments to the Program Manager, Endangered 
Species (see address above). Before including your address, phone 
number, e-mail address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you can ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.
    Please refer to the permit number for the application when 
submitting comments. All comments and materials we receive in response 
to this request will be available for public inspection, by 
appointment, during normal business hours at the above address.

    Dated: January 11, 2011.
Richard R. Hannan,
Regional Director, Region 1, U.S. Fish and Wildlife Service.
[FR Doc. 2011-4521 Filed 2-28-11; 8:45 am]
BILLING CODE 4310-55-P
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 496 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                          May 10, 2000.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 3709) to make permanent the moratorium enacted by the Internet Tax 
Freedom Act as it applies to new, multiple, and discriminatory taxes on the 
Internet. The first reading of the bill shall be dispensed with. Points of order 
against consideration of the bill for failure to comply with clause 4(a) of rule 
XIII are waived. General debate shall be confined to the bill and shall not 
exceed one hour equally divided and controlled by the chairman and ranking 
minority member of the Committee on the Judiciary. After general debate the bill 
shall be considered for amendment under the five-minute rule for a period not to 
exceed two hours. It shall be in order to consider as an original bill for the 
purpose of amendment under the five-minute rule the amendment in the nature of a 
substitute recommended by the Committee on the Judiciary now printed in the 
bill. The committee amendment in the nature of a substitute shall be considered 
as read. During consideration of the bill for amendment, the Chairman of the 
Committee of the Whole may accord priority in recognition on the basis of 
whether the Member offering an amendment has caused it to be printed in the 
portion of the Congressional Record designated for that purpose in clause 8 of 
rule XVIII. Amendments so printed shall be considered as read. The Chairman of 
the Committee of the Whole may: (1) postpone until a time during further 
consideration in the Committee of the Whole a request for a recorded vote on any 
amendment; and (2) reduce to five minutes the minimum time for electronic voting 
on any postponed question that follows another electronic vote without 
intervening business, provided that the minimum time for electronic voting on 
the first in any series of questions shall be 15 minutes. At the conclusion of 
consideration of the bill for amendment the Committee shall rise and report the 
bill to the House with such amendments as may have been adopted. Any Member may 
demand a separate vote in the House on any amendment adopted in the Committee of 
the Whole to the bill or to the committee amendment in the nature of a 
substitute. The previous question shall be considered as ordered on the bill and 
amendments thereto to final passage without intervening motion except one motion 
to recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
§ 700.833 Civil penalty amounts. ( a ) *Maximum amount of penalty.* ( 1 ) Where the person being assessed a civil penalty has not committed any previous violation of any prohibition in § 700.807 or of any term or condition included in a permit issued pursuant to this part, the maximum amount of the penalty shall be the full cost of restoration and repair of archaeological resources damaged plus the commercial value of archaeological resources destroyed or not recovered.
( 2 ) Where the person being assessed a civil penalty has committed any previous violation of any prohibition in § 700.807 or of any term or condition included in a permit issued pursuant to this part, the maximum amount of the penalty shall be double the cost of restoration and repair plus double the commercial value of archaeological resources destroyed or not recovered.
( 3 ) Violations limited to the removal of arrowheads located on the surface of the ground shall not be subject to the penalties prescribed in this section.
( b ) *Determination of penalty amount, mitigation, and remission.* The Federal Land Manager may assess a penalty amount less than the maximum amount of penalty and may offer to mitigate or remit the penalty. ( 1 ) Determination of penalty amount and/or a proposal to mitigate or remit the penalty may be based upon any of the following factors. ( i ) Agreement by the person being assessed a civil penalty to return to the Federal Land Manager and ultimately to the Navajo Nation archaeological resources removed from the New Lands.
( ii ) Agreement by the person being assessed a civil penalty to assist the Federal Land Manager in activity to preserve, restore, or otherwise contribute to the protection and study of archaeological resources on the New Lands.
( iii ) Agreement by the person being assessed a civil penalty to provide information which will assist in the detection, prevention, or prosecution of violations of the Act or this part;
( iv ) Demonstration of hardship or inability to pay, provided that this factor shall only be considered when the person being assessed a civil penalty has not been found to have previously violated the regulations in this part;
( v ) Determination that the person being assessed a civil penalty did not willfully commit the violation.
( vi ) Determination that the proposed penalty would constitute excessive punishment under the circumstances.
( vii ) Determination of other mitigating circumstances appropriate to consideration in reaching a fair and expeditious assessment.
( 2 ) The Federal Land Manager shall consult with and consider the interests of the Navajo Nation prior to proposing to mitigate or remit the penalty.
### [§187. Repealed. Pub. L. 117–263, div. A, title XIV, §1411(a), Dec. 23, 2022, 136 Stat. 2869]

Section, added Pub. L. 109–364, div. A, title VIII, §843(a), Oct. 17, 2006, 120 Stat. 2338; amended Pub. L. 111–383, div. A, title VIII, §829, Jan. 7, 2011, 124 Stat. 4272; Pub. L. 112–239, div. A, title IX, §901(c), Jan. 2, 2013, 126 Stat. 1864; Pub. L. 114–328, div. A, title X, §1081(a)(2), Dec. 23, 2016, 130 Stat. 2417; Pub. L. 116–92, div. A, title XVII, §1731(a)(11), Dec. 20, 2019, 133 Stat. 1813; Pub. L. 116–283, div. A, title XVIII, §1870(c)(6)(C), Jan. 1, 2021, 134 Stat. 4285, related to Strategic Materials Protection Board. See section 98h–1 of Title 50, War and National Defense.
Editorial Note on Part 23
Editorial Note: Nomenclature changes to part 23 appear at 79 FR 27190, May 13, 2014.

§ 23.130 What placement preferences apply in adoptive placements? ( a ) In any adoptive placement of an Indian child under State law, where the Indian child's Tribe has not established a different order of preference under paragraph (b) of this section, preference must be given in descending order, as listed below, to placement of the child with: ( 1 ) A member of the Indian child's extended family;
( 2 ) Other members of the Indian child's Tribe; or
( 3 ) Other Indian families.
( b ) If the Indian child's Tribe has established by resolution a different order of preference than that specified in ICWA, the Tribe's placement preferences apply.
( c ) The court must, where appropriate, also consider the placement preference of the Indian child or Indian child's parent.
Pension Benefit Guaranty Corporation 

77-144 

May 20, 1977 

REFERENCE: 

 [*1] 4041(a) Termination by Plan Administrator. Filing of Notice of Intent to Terminate 

OPINION: 

 Thank you for your letter of May 4, in which you ask about the disposition of individual life insurance policies held

by terminating pension and profit-sharing plans. As you know, the Pension Benefit Guaranty Corporation (the "PBGC")

administers Title IV of the Employee Retirement Income Security Act of 1974 ("ERISA), which covers most private

defined benefit pension plans. This discussion relates only to plans covered under Title IV. 

Under § 4041(a) of ERISA the administrator of a terminating covered plan cannot make payments pursuant to the

plan's termination procedure during the 90-day period following the plan's proposed termination date, unless the plan

administrator receives a notice of sufficiency from the PBGC. Upon receipt of such a notice, the plan administrator must

allocate and distribute the plan's assets in accordance with Title IV and the PBGC's implementing regulations. 

During the 90-day period, however, the trustees retain responsibility for managing the plan's assets, prudently and

with due regard for their fiduciary responsibilities.The decision to invest in individual life [*2] insurance policies is a

question of asset management, as is the decision to convert such investments to cash by taking policy loans. 

Under PBGC's proposed regulations for valuing insurance policies that are plan assets, the asset value of an

individual life insurance policy will ordinarily be its cash surrender value. Title IV of ERISA does not prevent a trustee

from converting such an investment into eash, as long as the asset value is not thereby diminished. 

* * * plan may obtain a maximum loan on each participant's individual life insurance policy, and then transfer the

policy to the individual. The proceeds of the policy loan and any additional plan assets would be allocated and

distributed as required by Title IV. The PBGC believes the procedure you describe is a desirable means to enable

participants to retain their life insurance protection. As the full cash value of the insurance policy will be retained by

the plan, such a transfer is permissible under Title IV. 

You also asked whether the trustee must repay outstanding policy loans before transferring a policy to the covered

participant. In fact, as already indicated, the policies can only be distributed to the participants [*3] prior to an

allocation under Title IV if their cash value is retained by the plan. Therefore the trustee should not repay outstanding

loans, unless the distribution is made pursuant to the final asset allocation. 

Enclosed for your information is a copy of the PBGC's proposed regulation on valuation of insurance contracts. I

hope this information is of assistance. 

Henry Rose 

General Counsel
# C_2014019EN.01000301.xml

| 22.1.2014 | EN | Official Journal of the European Union | C 19/3 |
| --- | --- | --- | --- |

22.1.2014

EN

Official Journal of the European Union

C 19/3

---

Authorisation for State aid pursuant to Articles 107 and 108 of the TFEU

Cases where the Commission raises no objections

(Text with EEA relevance, except for products falling under Annex I to the Treaty)

2014/C 19/03

| Date of adoption of the decision | 13.12.2013 |
| --- | --- |
| Reference number of State Aid | SA.36578 (13/N) |
| Member State | United Kingdom |
| Region | — | — |
| Title (and/or name of the beneficiary) | Environmental Enhancement Through Agriculture, National Parks (England and Wales) scheme 2009 |
| Legal basis | | 1995 Environment Act, Section 63 |

Date of adoption of the decision

13.12.2013

Reference number of State Aid

SA.36578 (13/N)

Member State

United Kingdom

Region

—

—

Title (and/or name of the beneficiary)

Environmental Enhancement Through Agriculture, National Parks (England and Wales) scheme 2009

Legal basis

1995 Environment Act, Section 63

| | 1988 Norfolk and Suffolk Broads Act, Section 1 |
| --- | --- |

1988 Norfolk and Suffolk Broads Act, Section 1

| | 1949 National park and Access to the Countryside Act, Part 2, Section 5 |
| --- | --- |

1949 National park and Access to the Countryside Act, Part 2, Section 5

| | 1981 Wildlife and Countryside Act, Section 39 |
| --- | --- |

1981 Wildlife and Countryside Act, Section 39

| | 1979 Ancient Monuments and Archaoelogical areas Act, Section 17 |
| --- | --- |

1979 Ancient Monuments and Archaoelogical areas Act, Section 17

Type of measure

Scheme

—

Objective

Agri-environmental commitments, Investments in agricultural holdings, Technical support (AGRI)

Form of aid

Direct grant

Budget

| | Overall budget: GBP 3,2 million |
| --- | --- |

Overall budget: GBP 3,2 million

| | Annual budget: GBP 1,6 million |
| --- | --- |

Annual budget: GBP 1,6 million

Intensity

100 %

Duration (period)

1.3.2014-28.2.2016

Economic sectors

Agriculture, forestry and fishing

Name and address of the granting authority

| North York Moors National Park Authority |
| --- |
| The Old Vicarage |
| Bond Gate |
| Helmsley |
| York |
| Y062 5BP |
| UNITED KINGDOM |

North York Moors National Park Authority

The Old Vicarage

Bond Gate

Helmsley

York

Y062 5BP

UNITED KINGDOM

Other information

—

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/competition/elojade/isef/index.cfm

---
### §883. Art. 83. Malingering

Any person subject to this chapter who, with the intent to avoid work, duty, or service—

(1) feigns illness, physical disablement, mental lapse, or mental derangement; or

(2) intentionally inflicts self-injury;

shall be punished as a court-martial may direct.

(Added Pub. L. 114–328, div. E, title LX, §5404, Dec. 23, 2016, 130 Stat. 2940.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 883 was renumbered section 904a of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective on Jan. 1, 2019, as designated by the President, with implementing regulations and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. No. 13825, set out as notes under section 801 of this title.
Pension Benefit Guaranty Corporation 

84-6 

October 25, 1984 

REFERENCE: 

 [*1] 4041(a) Termination by Plan Administrator. Filing of Notice of Intent to Terminat 

OPINION: 

On * * * the PBGC received a Notice of Intent to Terminate the * * * Pension Plan. The Notice was later

supplemented, and incorporates a Spinoff/Termination study prepared by * * *. The proposed date of termination

pursuant to Section 4041(a) of the Employee Retirement Income Security Act of 1974 ("ERISA"), was * * *. According

to the * * * study, the assets and liabilities of the * * * Pension Plan representing "the values associated with those plan

participants who were active employees at the date of spinoff," * * *, were transferred to a new plan to be created "to

receive those values." 

This transaction attempts to achieve the return of plan assets to the sponsor through what is commonly referred to

as a spinoff/termination, in which Title IV's plan termination requirements would apply only to retired and deferred

vested participants. As you are aware, the PBGC, the Internal Revenue Service and the Department of Labor have

established a set of joint guidelines applicable to such transactions. Under these guidelines, a pension plan may be

terminated if, as of the termination date, there is vesting [*2] and annuitization of the accrued benefits of all participants

who were in the plan prior to the purported spinoff. 

By letter of * * * you submitted an annuity bid, prepared by * * * on * * * that does not provide for annuity purchase

for participants other than the retirees and terminated vested employees. After due consideration of the record before

us, the PBGC has determined that there has not been a termination of the * * * Pension Plan pursuant to Section 4041(a)

of ERISA. 

Accordingly, we are returning your proposed Notice of Intent to Terminate and accompanying documents. 

Mitchell L. Strickler 

Deputy General Counsel 

Legal Department 

(202) 254-4866
**Exhibit 23.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

The Board of Directors Natural Grocers by Vitamin Cottage, Inc.:

 

We consent to the incorporation by reference in the registration statement (No. 333-182886) on Form S-8 of Natural Grocers by Vitamin Cottage, Inc. of our report dated December 12, 2012, with respect to the consolidated balance sheets of Natural Grocers by Vitamin Cottage, Inc. as of September 30, 2012 and 2011, and the related consolidated statements of income, changes in stockholders’ equity and comprehensive income, and cash flows for each of the years in the three-year period ended September 30, 2012,  which report appears in the September 30, 2012 annual report on Form 10-K of Natural Grocers by Vitamin Cottage, Inc.

 

**KPMG LLP**

 

Denver, Colorado December 12, 2012

 

----
Pension Benefit Guaranty Corporation 

76-96 

August 2, 1976 

REFERENCE: 

 [*1] 4021(b)(13) Plans Covered. Professional Service Employer Plans

4021(c)(2)(A) Plans Covered. Definition of Professional Service Employer 

OPINION: 

 This is in response to your letter of June 22, 1976, wherein you requested our opinion as to whether * * * (the

"Plan") is excluded from coverage under Title IV of the Employee Retirement Income Security Act of 1974 (the "Act")

pursuant to Section 4021(b)(13) of the Act. 

Your letter indicates the following. * * * (the "Association"), an association of medical doctors practicing in * *

* proposes to terminate the Plan, a defined benefit pension plan it presently maintains. The primary business of the

Association is to provide administrative services to Association members. The EBS-1 form filed with the Department

of Labor indicates that the Plan has one active participant. 

Further, in a telephone conversation on June 29, 1976 with * * * of the Office of the General Counsel, * * * of your

Office indicated that the Association is controlled by the medical doctors and that a council, made up of Association

members, is elected to operate the Association's business. * * * additionally indicated that the primary purpose of the

Association was to [*2] help member practitioners improve their own service to the public through the use of education

and direction to the medical community. 

Section 4021(b)(13) of the Act excludes from coverage a plan "established and maintained by a professional service

employer which does not at any time after the date of enactment of [the] Act have more than 25 active participants in

the plan." Section 4021(c)(2)(A) of the Act provides that a professional service employer is an entity owned or controlled

by professional individuals or their executors or administrators and whose principal business is the performance of

professional services. 

 Inasmuch as the principal business of the Association is to provide services which are administrative in nature,

namely helping communities recruit physicians, helping universities recruit medical students, organizing scientific

educational programs, recruiting physicians to provide needed vaccinations to the communities of * * * lobbying and

other such organizational services, and not the performance of professional services, the Plan is not excluded from the

coverage of Title IV of the Act. 

Since your letter indicates that the Plan is to be terminated, please [*3] be advised that a Notice of Intent to

Terminate must be filed with the PBGC pursuant to Section 4041(a) of the Act. The notice must be filed in the manner

prescribed in the regulations promulgated by the PBGC governing procedures with regard to a Notice of Intent to

Terminate, part 2604, Title 29 Code of Federal Regulations, a copy of which is enclosed for your convenience. 

Should you desire any further information, please contact * * * 

Henry Rose 

General Counsel
### [§2359. Renumbered §4007]

#### **Editorial Notes**

#### Prior Provisions

A prior section 2359, added Pub. L. 96–107, title VIII, §819(a)(1), Nov. 9, 1979, 93 Stat. 818, related to reports on salaries of officers of Federal contract research centers, prior to repeal by Pub. L. 101–510, div. A, title XIII, §1322(a)(5), Nov. 5, 1990, 104 Stat. 1671.
### DISTRICT ORGANIZATIONS UNDER SUPERVISION OF FARM CREDIT ADMINISTRATION; FARM CREDIT DISTRICTS AND FARM CREDIT BOARDS
Order entered August 3, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00456-CV

VILLAGE CRESTMONT HOUSTON USA, L.L.C., ET AL., Appellants

V.

JOSE J. GAITAN, INDIVIDUALLY AND D/B/A

EC & J REMODELING & PAINTING, Appellee

On Appeal from the 191st Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-14-08108

ORDER

In an order dated July 30, 2015, we ordered Melba Wright, Official Court Reporter for 

the 191st Judicial District Court, to file, within ten days, either the reporter’s record or written 

verification that appellants have not requested, paid for, or made arrangements to pay for the 

record. We notified appellants that if we received verification that they have not requested, paid 

for, or made arrangements to pay for the reporter’s record, we would order the appeal submitted 

without the reporter’s record.

On July 31, 2015, Ms. Wright filed a letter stating that appellants have not requested the 

reporter’s record. Accordingly, we ORDER the appeal submitted without the reporter’s record. 

See TEX. R. APP. P. 37.3(c).

Appellants’ brief is due THIRTY DAYS from the date of this order.

/s/ CAROLYN WRIGHT

CHIEF JUSTICE