alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II

Calendar No. 426

106TH CONGRESS

1ST SESSION S. 1114

[Report No. 106–227]

To amend the Federal Mine Safety and Health Act of 1977 to establish

a more cooperative and effective method for rulemaking that takes into

account the special needs and concerns of smaller miners.

IN THE SENATE OF THE UNITED STATES

MAY 25, 1999

Mr. ENZI (for himself, Mr. BOND, and Mr. BINGAMAN) introduced the following bill; which was read twice and referred to the Committee on

Health, Education, Labor, and Pensions

JANUARY 7, 2000

Reported under authority of the order of the Senate of November 19, 1999,

by Mr. JEFFORDS, without amendment

A BILL

To amend the Federal Mine Safety and Health Act of 1977

to establish a more cooperative and effective method

for rulemaking that takes into account the special needs

and concerns of smaller miners.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1114 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Small Mine Advocacy

3 Review Panel Act’’.

4 SEC. 2. PURPOSE.

5 The purpose of this Act is to establish a more cooper6 ative and effective method for rulemaking with respect to

7 mandatory health or safety standards that takes into ac8 count the special needs and concerns of small mine opera9 tors.

10 SEC. 3. AMENDMENT TO FEDERAL MINE SAFETY AND

11 HEALTH ACT OF 1997.

12 (a) IN GENERAL.—Section 101(a)(2) of the Federal

13 Mine Safety and Health Act of 1977 (30 U.S.C.

14 811(a)(2)) is amended by inserting before the last sen15 tence the following: ‘‘The procedures for gathering com16 ments from small entities as described in section 609 of

17 title 5, United States Code, shall apply under this section

18 and small mine operators shall be considered to be small

19 entities for purposes of such section. For purposes of the

20 preceding sentence, the term ‘small mine operator’ has the

21 meaning given the term ‘small business concern’ under

22 section 3 of the Small Business Act (including any rules

23 promulgated by the Small Business Administration) as

24 such term relates to a mining operation.’’.

25 (b) CONFORMING AMENDMENT.—Section 609(d) of

26 title 5, United States Code, is amended by striking ‘‘Agen-
3

•S 1114 RS

1 cy and’’ and inserting ‘‘Agency, the Mine Safety and

2 Health Administration and’’.
Calendar No. 426

106TH CONGRESS

1ST SESSION S. 1114

[Report No. 106–227]

A BILL

To amend the Federal Mine Safety and Health Act

of 1977 to establish a more cooperative and effective method for rulemaking that takes into account the special needs and concerns of smallerminers.

JANUARY 7, 2000

Reported without amendment
**EXHIBIT 23.1**
 
 **CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTANTS**
 
 
 As independent registered public accountants, we hereby consent to the incorporation by reference in the Registration Statements on Form S-2 and Form S-2/A (File No. 333-110831), Form S-3 (File No.s 333-90532 and 333-68088) and Form S-8 (File No.s 333-68166, 333-54584, 333-54582, 333-110590 and 333-105031) of Wits Basin Precious Minerals Inc and subsidiaries of our report dated January 30, 2004 (except as to Note 16, as to which the date is February 11,
2004 and except to Notes 2, 3, 8, 12 and 14, as to which the date is September 15, 2004)
which appears on Page 36 of this Amendment No. 1 to the annual report on Form 10-K/A for the year ended December 31, 2003.
 
 ****By:
/s/ Virchow, Krause & Company, LLPVirchow, Krause & Company, LLP
 
 Minneapolis, Minnesota
 January 14, 2005
Exhibit 23.1






                          Independent Auditors' Consent


The Board of Directors

TMS, Inc.:

We consent to incorporation by reference in the registration statement (no. 333-
65604) on Form S-8 of TMS, Inc. of our report dated October 31, 2003 relating to
the  balance  sheets of TMS, Inc. as of August 31, 2003and 2002 and the  related
statements  of  operations, shareholders' equity, and cash flows for  the  years
then  ended, and the related financial statement schedule, which report  appears
in the August 31, 2003 Annual Report on Form 10-KSB of TMS, Inc.







Oklahoma City, Oklahoma
November 10, 2003
### §1529. Coordination of a case under this title and a foreign proceeding

If a foreign proceeding and a case under another chapter of this title are pending concurrently regarding the same debtor, the court shall seek cooperation and coordination under sections 1525, 1526, and 1527, and the following shall apply:

(1) If the case in the United States is pending at the time the petition for recognition of such foreign proceeding is filed—

(A) any relief granted under section 1519 or 1521 must be consistent with the relief granted in the case in the United States; and

(B) section 1520 does not apply even if such foreign proceeding is recognized as a foreign main proceeding.

(2) If a case in the United States under this title commences after recognition, or after the date of the filing of the petition for recognition, of such foreign proceeding—

(A) any relief in effect under section 1519 or 1521 shall be reviewed by the court and shall be modified or terminated if inconsistent with the case in the United States; and

(B) if such foreign proceeding is a foreign main proceeding, the stay and suspension referred to in section 1520(a) shall be modified or terminated if inconsistent with the relief granted in the case in the United States.

(3) In granting, extending, or modifying relief granted to a representative of a foreign nonmain proceeding, the court must be satisfied that the relief relates to assets that, under the laws of the United States, should be administered in the foreign nonmain proceeding or concerns information required in that proceeding.

(4) In achieving cooperation and coordination under sections 1528 and 1529, the court may grant any of the relief authorized under section 305.

(Added Pub. L. 109–8, title VIII, §801(a), Apr. 20, 2005, 119 Stat. 144; amended Pub. L. 111–327, §2(a)(48), Dec. 22, 2010, 124 Stat. 3562.)

#### **Editorial Notes**

#### Amendments

2010—Par. (1). Pub. L. 111–327, which directed amendment of par. (1) by inserting "is" after "States", was executed by making the insertion only in introductory provisions to reflect the probable intent of Congress.

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

#### Effective Date

Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from the
condensed consolidated financial statements of Allscripts, Inc. as of and for
the six months ended June 30, 1999 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                         DEC-31-1998
<PERIOD-START>                            JAN-01-1999
<PERIOD-END>                              JUN-30-1999
<CASH>                                          4,947
<SECURITIES>                                        0
<RECEIVABLES>                                   8,130
<ALLOWANCES>                                    4,500
<INVENTORY>                                     2,925
<CURRENT-ASSETS>                               11,652
<PP&E>                                          6,728
<DEPRECIATION>                                  4,819
<TOTAL-ASSETS>                                 17,207
<CURRENT-LIABILITIES>                          12,008
<BONDS>                                            59
<PREFERRED-MANDATORY>                          33,945
<PREFERRED>                                     8,719
<COMMON>                                           90
<OTHER-SE>                                   (37,614)
<TOTAL-LIABILITY-AND-EQUITY>                   17,207
<SALES>                                        12,420
<TOTAL-REVENUES>                               12,420
<CGS>                                           9,709
<TOTAL-COSTS>                                   9,709
<OTHER-EXPENSES>                                8,372
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                200
<INCOME-PRETAX>                               (5,861)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                           (5,861)
<DISCONTINUED>                                  3,574
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                  (2,287)
<EPS-BASIC>                                    (0.43)
<EPS-DILUTED>                                  (0.43)



</TABLE>
# C_2007096EN.01004301.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 96/43 |
| --- | --- | --- | --- |

28.4.2007

EN

Official Journal of the European Union

C 96/43

---

Corrigendum to the notice to the Official Journal in Case T-127/05

(
  ‘Official Journal of the European Union ’C 56, 10 March 2007, p. 28
  )

(
  ‘Official Journal of the European Union ’C 56, 10 March 2007, p. 28

(2007/C 96/90)

The notice to the OJ in Case T-127/05 Lootus Teine Osaühing v Council is to be read as follows:

Lootus Teine Osaühing

Council

‘Order of the Court of First Instance of 9 January 2007 — Lootus Teine Osaühing v Council

(Case T-127/05) (1)

(Action for annulment - Regulation (EC) No 2269/2004 and Regulation (EC) No 2270/2004 - Fisheries - Fishing opportunities for deep sea species for the new Member States which acceded in 2004 - Persons directly and individually concerned - Inadmissibility)

(2007/C 56/56)

Language of the case: English

Parties

Applicant: Lootus Teine Osaühing (Lootus) (Tartu, Estonia) (represented by: T. Sild and K. Martin, Lawyers)

Defendant: Council of the European Union (represented by: A. de Gregorio Merino, F. Ruggeri Laderchi and A. Westerhof Lörefflerova, Agents)

Intervener in support of the applicant: Republic of Estonia (represented by: L. Uibo, Agent)

Intervener in support of the defendant: Commission of the European Communities (represented by K. Banks, Agent)

Re:

Action for annulment in part of, first, the Annex to Council Regulation (EC) No 2269/2004 of 20 December 2004 amending Regulations (EC) Nos 2340/2002 and 2347/2002 as concerns fishing opportunities for deep sea species for the new Member States which acceded in 2004 (OJ 2004 L 396, p. 1) and, second, Part 2 of the Annex to Council Regulation (EC) No 2270/2004 of 22 December 2004 fixing for 2005 and 2006 the fishing opportunities for Community fishing vessels for certain deep-sea fish stocks (OJ 2004 L 396, p. 4), in so far as those provisions concern the fishing opportunities allocated to Estonia.

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | The applicant shall bear its own costs and pay those incurred by the Council. |
| --- | --- |

2.

The applicant shall bear its own costs and pay those incurred by the Council.

| 3. | The Commission shall bear its own costs.’ |
| --- | --- |

3.

The Commission shall bear its own costs.’

---

(1)  OJ C 115, 14.5.2005.

1

---
# Fourth Court of Appeals **San Antonio, Texas**
MEMORANDUM OPINION
No. 04

- 14

- 00892

- CR IN RE Timothy GAFFNEY Original Mandamus Proceeding 1
PER CURIAM Sitting: Karen Angelini, Justice Sandee Bryan Marion, Justice Rebeca C. Martinez, Justice Delivered and Filed: December 31, 2014
PETITION FOR WRIT OF MANDAMUS DISMISSED FOR LACK OF JURISDICTION
On December 19 , 2014, relator Timothy Gaffney filed a pro se petition for writ of mandamus complaining of the trial court’s failure to rule on a pending motion. Relator was convicted and sentenced in the underlying criminal matter in October 2012 and no direct appeal of his conviction or sentence was taken to this court. Only the Texas Court of Criminal Appeals has jurisdiction over matters related to post

conviction relief from an oth erwise final felony conviction. See Ater v. Eighth Court of Appeals , 802 S.W.2d 241, 243 (Tex. Crim. App. 1991); see also T EX
. C ODE C RIM
. P ROC
. A NN
. art. 11.07 (West Supp. 2014); Board of Pardons & Paroles ex rel. Keene v. Court of Appeals for Eighth
Dist. , 910 S.W.2d 481, 483 (Tex. Crim. App. 1995) (holding “Article 11.07 provides the exclusive

1 This proceeding arises out of Cause No. 2010CR1998, styled The State of Texas v. Timothy Gaffney , pending in the 144th Judicial District Court, Bexar County, Texas, the Lorina I. Rummel presiding.04

- 14

- 00892

- CR means to challeng e a final felony conviction.”). Because the relief sought in relator’s petition relates to post

- conviction relief from an otherwise final felony conviction, we are without jurisdiction to consider his petition for writ of mandamus. Accordingly, relator’s petit ion is dismissed for lack of jurisdiction.

PER CURIAM
DO NOT PUBLISH

- 2

-
# C_2007082EN.01002806.xml

| 14.4.2007 | EN | Official Journal of the European Union | C 82/28 |
| --- | --- | --- | --- |

14.4.2007

EN

Official Journal of the European Union

C 82/28

---

Order of the President of the Court of 24 January 2007 — Commission of the European Communities v Portuguese Republic

(Case C-370/06) (1)

1

(2007/C 82/62)

Language of the case: Portuguese

Language of the case: Portuguese

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 261, 28.10.2006.

1

---
§ 112.4 Subsidiaries, divisions, distributors, and permittees. Labels used by subsidiaries, divisions, distributors, and permittees shall be affixed by the licensee in a licensed establishment where the product is produced. Such labels shall comply with requirements for their review, approval, and filing as provided in the regulations. ( a ) *Subsidiaries.* Labels to be used on a licensed biological product prepared by a subsidiary operating in a licensed establishment shall be submitted in accordance with § 112.5. Only labels approved for use on such product shall be used by the subsidiary.
( b ) *Divisions.* Labels to be used on a licensed biological product prepared in a licensed establishment for distribution by a division or marketing unit of the licensee shall be submitted in accordance with § 112.5. The name, address, and license number of the licensee shall be prominently placed on such labels. The relationship of the division or marketing unit to the licensee shall appear prominently on the label by use of the term “division of” or equivalent.
( c ) *Distributors.* The name and address of the distributor or any statement, design, or device shall not be placed on the labels or containers of a licensed biological product in a manner which could be false or misleading or which could indicate that the distributor is the manufacturer of such product or operating under the license number shown on the label. The manufacturer shall be identified by name, address, and license number with the term “manufactured by,” “produced by,” or an equivalent term prominently placed in connection therewith. The name and address of the distributor may be placed on labels or containers if the term “distributor,” or “distributed by,” or an equivalent term is prominently placed in connection therewith.
( d ) *Permittees.* The name and address of the permittee and any statement, design, or device shall not be placed on the labels or containers of a biological product imported for sale and distribution in accordance with § 104.5 in a manner which could be false or misleading or which could falsely indicate that the permittee is the manufacturer of such product. The manufacturer shall be identified by name and address with the term “manufactured by,” “produced by,” or an equivalent term prominently placed in connection therewith. Reference to the permittee shall be made by name, address, and permit number with the term “imported by,” “produced for,” or an equivalent term prominently placed in connection therewith.
[50 FR 46417, Nov. 8, 1985, as amended at 59 FR 43445, Aug. 24, 1994]
# C_2006331EN.01002401.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/24 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 331/24

---

Order of the President of the Court of 14 September 2006 (reference for a preliminary ruling from the Cour de cassation — Belgium) — Belgium State v Ring Occasions SA, in liquidation, Fortis Bank SA

(Case C-42/05) (1)

1

(2006/C 331/42)

Language of the case: French

Language of the case: French

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 93, 16.4.2005.

1

---
[Federal Register Volume 76, Number 44 (Monday, March 7, 2011)]
[Notices]
[Page 12404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4827]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Research, Engineering and Development Advisory Committee

    Pursuant to section 10(A)(2) of the Federal Advisory Committee Act 
(Pub. L. 92-463; 5 U.S.C. App. 2), notice is hereby given of a meeting 
of the FAA Research, Engineering and Development (R,E&D) Advisory 
Committee.

AGENCY: Federal Aviation Administration.

ACTION: Notice of meeting.

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

    Name: Research, Engineering & Development Advisory Committee.
    Time and Date: April 20, 2011--9:30 a.m. to 4 p.m.
    Place: Federal Aviation Administration, 800 Independence Avenue, 
SW--Round Room (10th Floor), Washington, DC 20591.
    Purpose: The meeting agenda will include receiving from the 
Committee guidance for FAA's research and development investments in 
the areas of air traffic services, airports, aircraft safety, human 
factors and environment and energy. Attendance is open to the 
interested public but seating is limited. Persons wishing to attend the 
meeting or obtain information should contact Gloria Dunderman at (202) 
267-8937 or <a href="/cdn-cgi/l/email-protection#aec9c2c1dcc7cf80cadbc0cacbdcc3cfc0eec8cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="77101b18051e16591302191312051a16193711161659101801">[email protected]</span></a>. Attendees will have to present 
picture ID at the security desk and be escorted to the Round Room.
    Members of the public may present a written statement to the 
Committee at any time.

    Issued in Washington, DC, on February 24, 2011.
Paul Fontaine,
Director (A), Research & Technology Development.
[FR Doc. 2011-4827 Filed 3-4-11; 8:45 am]
BILLING CODE 4910-13-M


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#### § 122.2 Permits required.

No organisms or vectors shall be imported into the United States or transported from one State or Territory or the District of Columbia to another State or Territory or the District of Columbia without a permit issued by the Secretary and in compliance with the terms thereof: *Provided,* That no permit shall be required under this section for importation of organisms for which an import permit has been issued pursuant to part 102 of this subchapter or for transportation of organisms produced at establishments licensed under part 102 of this subchapter. As a condition of issuance of permits under this section, the permittee shall agree in writing to observe the safeguards prescribed by the Administrator for public protection with respect to the particular importation or transportation.

(Approved by the Office of Management and Budget under control number 0579-0015)

[28 FR 7896, Aug. 2, 1963. Redesignated at 31 FR 81, Jan. 5, 1966 and amended at 48 FR 57473, Dec. 30, 1983; 57 FR 30899, July 13, 1992; 59 FR 67134, Dec. 29, 1994]
Pension Benefit Guaranty Corporation 

79-7 

April 17, 1979 

REFERENCE: 

4022(b)(8). Benefits Guaranteed. Five Year Phase-in of Guarantee.

29 CFR 2621 Limitation on Guaranteed Benefits 

OPINION: 

 This is in response to your request for the opinion of the Pension Benefit Guaranty Corporation (the "PBGC")

regarding the interpretation of the PBGC regulation on Limitation on Guaranteed Benefits, 29 C.F.R. Part 2609, as they

apply to early retirement benefits. Specifically, you have suggested that the $20 per month minimum benefit increase

phase-in should be actuarially reduced for participants retiring before the normal retirement date. 

The PBGC does not believe that the $20 minimum phase-in is subject to actuarial adjustment for age of benefit

commencement. Such a reduction was considered during the development of the regulation, but since Section 4022(b)(8)

of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1322(b)(8) (the section on which the phase-in

rule and $20 minimum are based) provides for no such actuarial adjustment, a rule providing for an unadjusted $20

minimum was adopted. See 29 C.F.R. § 2609.6(b)(2). 

I hope this answers your question in this matter. 

Henry Rose 

General [*2] Counsel
##### 



EXHIBIT 32.2
 CERTIFICATION PURSUANT
TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The accompanying annual report on Form 10-K for the fiscal year ended March 31,
2006 fully complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934, as amended; and(2)
    
    The information contained in such report fairly presents, in all material
respects, the financial condition and results of operations of Terremark Worldwide,
Inc.
 Date:  June 14, 2006
    /s/ Jose A. SegreraChief Financial Officer(Principal Financial and Accounting Officer)
### §54. Repealed. Pub. L. 86–230, §5, Sept. 8, 1959, 73 Stat. 457

Section, R.S. §5141, related to failure to pay installments, remedy and effect if reduction of capital resulted.
EXHIBIT
32.2




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Quarterly Report of Buffalo Wild Wings, Inc. (the “Company”)
on Form 10-Q for the quarter ended June 28, 2009 as filed with the Securities
and Exchange Commission (the “Report”), I, Mary J. Twinem, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:




(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and




(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.




Dated:
August 5, 2009




By:
                  /s/
      Mary J. TwinemMary
      J. TwinemChief
      Financial Officer