alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §1747f. Payment of claims; assignment of benefits by investors

If in any operating year the net income of a project insured under this subchapter is less than the aggregate of the minimum annual amortization charge and the insured annual return, the Secretary, upon submission by the investor of a claim for the payment of the amount of the difference between such net income and the aggregate of the minimum annual amortization charge and the insured annual return and after proof of the validity of such claim, shall pay to the investor, in cash from the General Insurance Fund, the amount of such difference, as determined by the Secretary, but not exceeding, in any event, an amount equal to the aggregate of the minimum annual amortization charge and the insured annual return. Nothing contained in this subchapter or any other provision of law shall be construed as preventing or restricting an investor from assigning, pledging, or otherwise transferring or disposing of, subject to rules and regulations of the Secretary, any or all rights, claims, or other benefits under any insurance contract made pursuant to this subchapter to an assignee, pledgee, or other transferee, including the holders (or the trustee for such holders) of any debentures issued by the investor in connection with the project to which such insurance contract relates, and the Secretary is authorized to pay claims or issue debentures in accordance with the provisions of this section and section 1747g of this title to any such assignee, pledgee, or other transferee.

(June 27, 1934, ch. 847, title VII, §707, as added Aug. 10, 1948, ch. 832, title IV, §401, 62 Stat. 1278; amended Apr. 20, 1950, ch. 94, title I, §122, 64 Stat. 59; Sept. 1, 1951, ch. 378, title VI, §609(b), 65 Stat. 316; Pub. L. 89–117, title XI, §1108(s), Aug. 10, 1965, 79 Stat. 506; Pub. L. 90–19, §1(a)(3), May 25, 1967, 81 Stat. 17.)

#### **Editorial Notes**

#### References in Text

The General Insurance Fund, referred to in text, was established by section 1735c of this title.

#### Amendments

1967—Pub. L. 90–19 substituted "Secretary" for "Commissioner" wherever appearing.

1965—Pub. L. 89–117 substituted "General Insurance Fund" for "Housing Investment Insurance Fund".

1951—Act Sept. 1, 1951, inserted second sentence.

1950—Act Apr. 20, 1950, substituted "Commissioner" for "Administrator" wherever appearing.
## SERVE D JUN E 24 , 201 0

U.S . DEPARTMEN T O FTRANSPORTATIO N

OFFIC E O FHEARING S WASHINGTON , D C I N TH E MATTE RO F TREVO RMILLE R FA A DOCKE T No . CP09SW000 4 (Civi l Penalt y Action ) DM S FAA-2009-073 5 ORDE RO FDISMISSA

L O n Februar y 12 , 2009 , th e Federa l Aviatio n Administratio n (hereinafte r referre d t o a s "Complainant" ) file daComplaint . Trevo r Mille r (hereinafte r

referre dt o a s "Respondent" ) ha dearlie r file daReques t

fo r Hearing . O n Jun e 23 , 2010 , Complainan t withdre w it s Complaint . 1 4 C.F.R . § 13.21 5 states : "A t an ytim e befor e o rdurin g a hearing , a n agency attorne yma ywithdra wa complain t o rpart yma ywithdra wa reques t fo ra hearin g withou t th e consen t o f th e administrativ e la w judge . I f a n agency attorne ywithdraw s th e complain t o ra part ywithdraw s th e reques t fo ra hearin g an d th e answer , th e administrativ e la wjudg e shal l dismis s th e proceeding s unde rthi s subpar t wit h prejudice. " WHEREFORE , th e withi n file dReques t t o Withdra w Complain t

havin g bee n rea dan dconsidered , i t

i s ORDERE D a s follows : 1 . Complainant' s Reques t t o Withdra w Complain t

b e an di s hereb y granted ;2 . Th e hearing , schedule dt o begi n o n Augus t 23 , 2010 , i n St . Louis , MO , i s cancelled ; an d 3 . Thi s proceedin g b e an di s hereb y dismisse dwithprejudice .

Attachments - Servic e Lis t Richar dC . Goodwi n U.S . Administrativ e La w Judg e

./ FA A Docke t No . CP09SW000 4 (Civi l Penalt y Action ) SERVIC E LIS T ORIGINA L& ON E COP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Buildin g - Suit e 2W1000 '

ON E COP Y Trevo r Miller , Responden t 231 9 Simdanc e Driv e O'Fallon , M O 6336 8 TEL : 314-497-360 2 Yoland aA . Bemal , Complainant' s Counse l Offic e o f th e Regiona l Counse l Southwes t

Regio n Federal Aviatio n Administratio n 260 1 Meacha mBlvd . Fort Worth , T X 7613 7 TEL : 817-222-507 0 FAX : 817-222-5945 Th e Honorabl e Richar dC . Goodwin , Administrativ e Law Judg e Offic e o f Hearings , M-2 0 U.S . Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E . Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , D C 2059 0 TEL : 202-366-213 9 Attorney-Adviso r 202-366-512 1 Lega l Assistan t FAX : 202-366-753 6

' Servic e was b

y U.S . Mail . Fo

r servic e i n person o r b y expeditedcourier , us e the followin g address : Federa l Aviation Administration , 600 Independenc e Avenue , S.W. , Wilbu r Wrigh t Building - Suit

e 2W1000 , Washington , DC 20591 , Attention : Hearing Docke t Clerk , AGC-430 . - 2 -
§ 311.1 Disposal of diseased or otherwise adulterated carcasses and parts; general. ( a ) The carcasses or parts of carcasses of all animals slaughtered at an official establishment and found at the time of slaughter or at any subsequent inspection to be affected with any of the diseases or conditions named in this part shall be disposed of according to the section pertaining to the disease or condition: *Provided,* That no product shall be passed for human food under any such section unless it is found to be otherwise not adulterated. Products passed for cooking or refrigeration under this part must be so handled at the official establishment where they are initially prepared unless they are moved to another official establishment for such handling or in the case of products passed for refrigeration are moved for such refrigeration to a freezing facility approved by the Administrator in specific cases: *Provided,* That when so moved the products are shipped in containers sealed in accordance with § 318.10(c) of this subchapter or in a sealed means of conveyance as provided in § 325.7 of this subchapter. Owning to the fact that it is impracticable to formulate rules covering every case and to designate at just what stage a disease process or a condition results in adulteration of a product, the decision as to the disposal of all carcasses, organs, or other parts not specifically covered in this part shall be left to the veterinary medical officer. The veterinary medical officer shall exercise his judgment regarding the disposition of all carcasses or parts of carcasses under this part in a manner which will insure that only wholesome, unadulterated product is passed for human food.
( b ) In cases of doubt as to a condition, a disease, or the cause of a condition, or to confirm a diagnosis, representative specimens of the affected tissues, properly prepared and packaged, shall be sent for examination to one of the laboratories of the Biological Control Section of the Program.
# C_2007117EN.01002902.xml

| 26.5.2007 | EN | Official Journal of the European Union | C 117/29 |
| --- | --- | --- | --- |

26.5.2007

EN

Official Journal of the European Union

C 117/29

---

Appeal brought on 26 March 2007 by the Kingdom of Belgium against the judgment of the Civil Service Tribunal delivered on 16 March 2007 in Case F-92/05, Genette v Commission

Genette

Commission

(Case T-90/07 P)

(2007/C 117/46)

Language of the case: French

Parties

Appellant: Kingdom of Belgium (represented by L. Van den Broeck, Agent)

Appellant:

Other parties to the proceedings: Emmanuel Genette, Commission of the European Communities

Other parties to the proceedings:

Form of order sought by the appellant

| — | annul the judgment of the Civil Service Tribunal of 16 January 2007 in Case F-92/05 |
| --- | --- |

—

annul the judgment of the Civil Service Tribunal of 16 January 2007 in Case F-92/05

Pleas in law and main arguments

By judgment of 16 January 2007 in Case F-92/05 Genette v Commission, the Civil Service Tribunal upheld the action brought by Mr Genette concerning the annulment of the decision of the Commission of 25 January 2005 refusing, first, to authorise him to withdraw his application for the transfer of his pension rights acquired under Belgian pension schemes, brought in 2001 and, second, to authorise him to ask for a new transfer.

Genette

Commission

In support of its appeal, the Kingdom of Belgium, as intervener at first instance in support of the forms of order sought by the Commission, asserts at the outset that the Civil Service Tribunal does not have jurisdiction to assess the admissibility under Belgian law of a application to withdraw an application for the transfer to the Community system of pension rights acquired in Belgian pension schemes. According to the appellant, the Civil Service Tribunal acted ultra vires in ruling on the significance of provisions of Belgian national law which may be applicable in the present case.

Secondly, the Kingdom of Belgium asserts that the Civil Service Tribunal breached Community law, and in particular the provisions of the Staff Regulations, in its assessment of the admissibility of the introduction of a new transfer application.

Moreover, the Kingdom of Belgium asserts that the Civil Service Tribunal breached Community law by its erroneous assessment of the existence of a new fact which, according to the Kingdom of Belgium, should not be assessed in relation to the entry into force of the reform of the Staff Regulations, but in the light of the provisions of Belgian law.

Finally, the Kingdom of Belgium relies on a plea in law alleging breach of the principle of legal certainty.

---
Pension Benefit Guaranty Corporation 

78-2 

February 21, 1978 

REFERENCE: 

 [*1] 4044(d)(1) Allocation of Assets. Distribution of Residual Assets to Employer 

OPINION: 

 This is in response to your letter to this Office requesting an opinion regarding whether certain language contained

in a pension plan document relating to the residual assets of that plan meets the requirement of § 4044(d)(1)(C) of the

Employee Retirement Income Security Act of 1974 (the "Act") with respect to the reversion of residual assets to an

employer. 

As we understand the facts, the plan contains the following language: 

"The Employer shall not be entitled to recover any part of his contributions to the Trust, except as may be provided

in Section 7.02 hereof." 

Section 7.02 of the plan provides in pertinent part that: 

"The Company shall have no beneficial interest in the Trust Fund, either during its continuance or upon termination

of this Trust, except in the event that, at time of termination, there remains a surplus of funds, after all liabilities have

been funded." 

Act § 4044(d)(1) provides in pertinent part that: 

Any residual assets of a plan may be distributed to the employer if - 

(A) all liabilities of the plan to participants and their beneficiaries have been satisfied. 

(B) the distribution [*2] does not contravene any provision of law, and * * * 

(c) the plan provides for such a distribution in these circumstances. (emphasis added). 

 Based on a careful review of the plan language and the legislative history of Act § 4044, we conclude that the

quoted language does meet the requirements of Act § 4044(d)(1). Thus, once all liabilities of the Plan have been

satisfied, we would not object to a reversion of residual assets to the employer in this case. 

We trust this responds to your inquiry. 

Henry Rose 

General Counsel
§ 311.37 Odors, foreign and urine. ( a ) Carcasses which give off a pronounced odor of medicinal, chemical, or other foreign substance shall be condemned.
( b ) Carcasses which give off a pronounced urine odor shall be condemned.
( c ) Carcasses, organs, or parts affected by odor to a lesser degree than as described in paragraphs (a) and (b) of this section and in which the odor can be removed by trimming or chilling may be passed for human food, after removal of affected parts or dissipation of the condition.
### §5470. Other authority

Unless otherwise provided by its terms, this subchapter does not divest any appropriate financial regulator, any Supervisory Agency, or any other Federal or State agency, of any authority derived from any other applicable law, except that any standards prescribed by the Board of Governors under section 5464 of this title shall supersede any less stringent requirements established under other authority to the extent of any conflict.

(Pub. L. 111–203, title VIII, §811, July 21, 2010, 124 Stat. 1821.)
###### Editorial Note on Part 113

#### Editorial Note:

Nomenclature changes to part 113 appear at 79 FR 55969, Sept. 18, 2014.

#### § 113.101 Leptospira Pomona Bacterin.

Leptospira Pomona Bacterin shall be produced from a culture of *Leptospira pomona* which has been inactivated and is nontoxic. Each serial of biological product containing *Leptospira pomona* fraction shall meet the applicable requirements in § 113.100 and shall be tested for purity, safety, and potency as prescribed in this section. A serial found unsatisfactory by any prescribed test shall not be released.

(a) *Purity test.* Final container samples of completed product from each serial and each subserial shall be tested for viable bacteria and fungi as provided in § 113.26.

(b) *Safety test.* Bulk or final container samples of completed product from each serial shall be tested for safety as provided in § 113.38.

(c) *Potency test.* Bulk or final container samples of completed product shall be diluted with physiological saline so that each 0.25 ml contains not more than 1/800th of the dose recommended on the label and shall be tested for potency, using the two-stage test provided in this paragraph.

(1) *Vaccinates.* Inject each of at least 10 but not more than 12 young adult hamsters, each weighing 50 to 90 grams, with 0.25 ml of the diluted bacterin either subcutaneously or intramuscularly, in accordance with the label recommendations for use.

(2) *Controls.* Retain at least 10 but not more than 12 additional hamsters from the same group as unvaccinated controls.

(3) *Challenge.* From 14 to 18 days postvaccination, challenge each of 10 vaccinates and each of 10 controls intraperitoneally with a suspension of virulent *Leptospira pomona* organisms, using a dose of 10-10,000 hamster LD50 as determined by titration.

(4) *Post-challenge period.* Observe the vaccinates and controls for 14 days post-challenge and record all deaths. If eight or more controls die of leptospirosis, the test is valid and the results shall be evaluated according to the following table:

| Stage | Number of vaccinates | Cumulative number of vaccinates | Cumulative total dead hamsters for satisfactory serial | Cumulative total dead hamsters for unsatisfactory serial |
| --- | --- | --- | --- | --- |
| 1 | 10 | 10 | 2 or less | 5 or more. |
| 2 | 10 | 20 | 5 or less | 6 or more. |

(5) If three or four vaccinates die in the first stage, the second stage shall be conducted in a manner identical to the first stage.

(6) If the second stage is used, each serial shall be evaluated according to the second part of the table. On the basis of cumulative results, each serial shall either pass or fail.

[39 FR 16862, May 10, 1974, as amended at 40 FR 20067, May 8, 1975; 45 FR 40100, June 13, 1980. Redesignated at 55 FR 35562, Aug. 31, 1990, as amended at 56 FR 66785, Dec. 26, 1991]
§ 20.313 How will the Bureau compute financial assistance payments? ( a ) The social services worker will compute financial assistance payments by beginning with the Bureau standard of assistance and doing the following: ( 1 ) Subtracting from all resources calculated under §§ 20.307 through 20.310;
( 2 ) Subtracting the rateable reduction or maximum payment level used by the state where the applicant lives;
( 3 ) Subtracting an amount for shelter (see paragraph (b) of this section for details on how to calculate a shelter amount); and
( 4 ) Rounding the result down to the next lowest dollar.
( b ) The social services worker must calculate a shelter amount for purposes of paragraph (a)(3) of this section. To calculate the shelter amount: ( 1 ) The shelter amount must not exceed the amount for shelter in the state TANF standard;
( 2 ) If the state TANF does not specify an amount for shelter, the social services worker must calculate the amount as 25 percent of the total state TANF payment; and
( 3 ) If there is more than one household in a dwelling, the social services worker must prorate the actual shelter cost among the households receiving General Assistance; this amount cannot exceed the amount in the standard for individuals in similar circumstances. The head of each household is responsible for his/her portion of the documented shelter cost.
( c ) The social services worker must not provide General Assistance payments for any period before the date of the application for assistance.
## Number of Sample Locations with Pesticides of Interest Detected by Basin (LASAR and SDWIS 1982-2009) Note: There were no detections (or no samples collected) in the following Basins: Black Rock Desert, Upper Sacramento, and Northern California Coastal.



### PARAMETER Total

Number of Sample LocationsDESCHUTESJOHN DAYKLAMATH LOWER

COLUMBIALOWER

SNAKEMIDDLE COLUMBIAMIDDLE

SNAKE / BOISEMIDDLE SNAKE / POWDERNORTHERN

OREGON COASTALOREGON

CLOSED BASINSSOUTHERN

OREGON COASTALWILLAM

ETTE Unknown

sample location Total number of Sampling Locations and Pesticide Detection(s) 

### 12 1 1 8 1 253 151 21 3 68 43 634 4

Atrazine 132 2 1 1 1 12 16 1 12 86 1 Atrazine-desethyl 125 1 15 13 2 1 93 Simazine 88 31 2 55 1 Acrolein (2-Propenal) 63 61 2 Diuron 55 7 1 6 41 Dacthal 52 11 38 3 DCPA (Dacthal) 46 4 37 3 1 1 Chlorpyrifos 42 24 18 1 Metolachlor 34 6 2 26 Guthion (Azinphosmethyl) 33 25 1 7 Pentachlorophenol 31 2 3 2 1 1 3 1 18 Metribuzin 29 2 1 26 Bromacil 23 1 9 1 12 Malathion 22 7 15 2,4-D 19 11 2 6 Imidan (Phosmet) 19 13 1 5 Diazinon 17 5 12 MCPA 16 15 1 Terbacil 15 1 1 1 12 Carbaryl 13 2 3 8 4,4`-DDT 12 12 DCPA acid metabolites(a) 12 3 8 1 Dicamba 11 9 1 1 Propiconazole 11 1 10 2,4,5-T 10 9 1 delta-BHC 10 1 1 8 Dimethoate 10 2 8 Endosulfan I 10 10 

### Number of Sample Locations in the Basin with Pesticide Detection(s)

### PARAMETER Total Number of Sample LocationsDESCHUTESJOHN DAYKLAMATH LOWER

COLUMBIALOWER

SNAKEMIDDLE COLUMBIAMIDDLE

SNAKE / BOISEMIDDLE SNAKE / POWDERNORTHERN

OREGON COASTALOREGON

CLOSED BASINSSOUTHERN

OREGON COASTALWILLAM

ETTE Unknown

sample location 

### Number of Sample Locations in the Basin with Pesticide Detection(s)

Endosulfan sulfate 10 3 7 Imidacloprid 10 10 Picloram 9 5 1 2 1 1 Silvex 10 10 Dieldrin 9 1 8 DIQUAT 9 1 3 5 Hexazinone 9 3 2 4 Pendimethalin 9 1 8 Prometon 9 2 2 5 4,4`-DDE 7 1 6 Heptachlor 7 2 5 Hexachlorobenzene 7 2 1 1 1 2 Oxyamyl 7 7 1,2-Dibromoethane (EDB) 6 6 Aldicarb 6 6 Malathion Oxygen Analog 6 4 2 Norflurazon 6 1 5 Dinoseb 5 1 4 Heptachlor epoxide 5 5 4,4`-DDD 4 4 Azinphos Methyl 4 3 1 Baygon 4 4 2,4,5-Trichlorophenol 3 3 alpha-BHC 3 1 2 Bentazon 3 1 2 Bentazone 3 2 1 Carbofuran 3 3 Chlorpyrifos oxon 3 3 Chlorpyriphos (Dursban) 3 2 1 Endosulfan II 3 3 Ethoprophos 3 3 ETHYLENE DIBROMIDE (EDB) 3 3 Metalaxyl 3 1 2

### PARAMETER Total Number of Sample LocationsDESCHUTESJOHN DAYKLAMATH LOWER

COLUMBIALOWER

SNAKEMIDDLE COLUMBIAMIDDLE

SNAKE / BOISEMIDDLE SNAKE / POWDERNORTHERN

OREGON COASTALOREGON

CLOSED BASINSSOUTHERN

OREGON COASTALWILLAM

ETTE Unknown

sample location 

### Number of Sample Locations in the Basin with Pesticide Detection(s)

Napropamide 3 3 Pyraclostrobin 3 3 Triclopyr 3 1 2 Trifluralin 3 3 Aldrin 2 2 beta-BHC 2 1 1 Dalapon 2 1 1 Endrin 2 2 Ethofumesate 2 2 Fenvalerate+Esfenvalerate 2 2 gamma-BHC (Lindane) 2 1 1 Methoxychlor 2 2 Total Imidan (Phosmet) 2 2 1 2-Dibromo-3-chloropropane (DBCP) 1 1 1,1-Dichloropropene 1 1 2 4-D 1 1 ALACHLOR 1 1 Clopyralid 1 1 ENDOTHALL 1 1 Endrin Ketone 1 1 GLYPHOSATE 1 1 Imazapyr 1 1 Iprodione 1 1 Linuron 1 1 Methomyl 1 1 Myclobutanil 1 1 p,p`-Methoxychlor 1 1 Tebuconazole 1 1
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEYACT OF 2002**

In connection withthe Quarterly Report on Form 10-Q of FairPoint Communications, Inc.(the “Company”) for the quarter ended September 30, 2006 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, EugeneB. Johnson, Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, that:

1.                The Report fullycomplies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

2.                Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company. 
|          | /s/ EUGENE B. JOHNSON     |   |
|----------|---------------------------|--------|
|     | Eugene B. Johnson         |
| * * | *Chief Executive Officer* |
|     | November 3, 2006     |

 

A signed original of this written statement requiredby Section 906 has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

----
§ 700.451 Purpose. ( a ) The purpose of this subpart is to establish procedures for the submission, review and approval, and administration of applications for financial assistance from the discretionary fund established by Pub. L. 93-531, as amended.
( b ) The purpose of the discretionary fund is to provide financial assistance to activities which will facilitate and expedite the relocation and resettlement of individuals under the Act and ease the hardship incurred by these individuals.
### §1020c–1. Omitted

#### **Editorial Notes**

#### Codification

Section, act June 4, 1956, ch. 355, title IV, 70 Stat. 240, which limited the aggregate amount of bonds issued and outstanding, was from the Department of Agriculture and Farm Credit Administration Appropriation Act, 1957, and was not repeated in subsequent appropriation acts.

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

#### Similar Provisions

Similar provisions to section 1020c–1 of this title were contained in the following acts:

May 23, 1955, ch. 43, title IV, 69 Stat. 62.

June 29, 1954, ch. 409, title IV, 68 Stat. 318.

July 28, 1953, ch. 251, title II, 67 Stat. 222.

July 5, 1952, ch. 574, title II, 66 Stat. 353.

Aug. 31, 1951, ch. 374, title III, 65 Stat. 244.

Sept. 6, 1950, ch. 896, Ch. VI, title II, 64 Stat. 678.

June 29, 1949, ch. 280, title II, 63 Stat. 347.

June 30, 1948, ch. 773, title II, 62 Stat. 1191.