alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §3757. Recall of a retired officer; grade upon release

(a) When an officer in the Retired Reserve or an officer on a Reserve retired list is recalled to active duty, that officer shall be recalled in a manner similar to the recall of a Regular retired officer.

(b) An officer in the Retired Reserve or an officer on a Reserve retired list recalled to active duty shall upon release therefrom be advanced in the Retired Reserve or on the Reserve retired list to the highest grade held on active duty, if: (1) appointed to a higher grade while on that duty, and (2) the officer's performance has been satisfactory in the higher grade.

(Added Pub. L. 96–322, §1, Aug. 4, 1980, 94 Stat. 1015, §746; renumbered §3757, Pub. L. 115–282, title I, §118(b), Dec. 4, 2018, 132 Stat. 4233.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to those in this section were contained in section 793 of this title prior to the complete revision of former chapter 21 of this title by Pub. L. 96–322.

#### Amendments

2018—Pub. L. 115–282 renumbered section 746 of this title as this section.
# C_2007129EN.01002501.xml

| 9.6.2007 | EN | Official Journal of the European Union | C 129/25 |
| --- | --- | --- | --- |

9.6.2007

EN

Official Journal of the European Union

C 129/25

---

Judgment of the Civil Service Tribunal (Third Chamber) of 2 May 2007 — Giraudy v Commission

(Case F-23/05) (1)

1

(Officials - Actions - Action for damages - Investigation by the European anti-Fraud Office (OLAF) - Reassignment - Regulation (EC) No 1073/1999 - Decision 1999/396/EC, ECSC, Euratom - Fault - Damage - Occupational disease - Account to be taken of the benefits provided for under Article 73 of the Staff Regulations)

(2007/C 129/42)

Language of the case: French

Parties

Applicant: Jean-Louis Giraudy (Paris, France) (represented by: D. Voillemot, lawyer)

Applicant:

Defendant: Commission of the European Communities (represented by: J. Curral and G. Berscheid, lawyer)

Defendant:

Re:

First, annulment of the Commission's decision refusing to acknowledge the liability of its departments and the damage allegedly suffered by the applicant in the context of an investigation carried out by the European Anti-Fraud Office (OLAF) in the Commission's Office in France and, second, a claim for damages.

Operative part of the judgment

| 1. | The Commission of the European Communities is ordered to pay Mr Giraudy damages in the amount of EUR 15 000 by way of compensation for the non-material damage suffered by him in the form of an attack on his reputation and integrity. |
| --- | --- |

1.

The Commission of the European Communities is ordered to pay Mr Giraudy damages in the amount of EUR 15 000 by way of compensation for the non-material damage suffered by him in the form of an attack on his reputation and integrity.

| 2. | The remainder of the application is dismissed. |
| --- | --- |

2.

The remainder of the application is dismissed.

| 3. | The Commission of the European Communities shall bear its own costs and two thirds of Mr Giraudy's costs |
| --- | --- |

3.

The Commission of the European Communities shall bear its own costs and two thirds of Mr Giraudy's costs

| 4. | Mr Giraudy shall bear one third of his own costs. |
| --- | --- |

4.

Mr Giraudy shall bear one third of his own costs.

---

(1)  OJ C 171 of 9.7.2005, p. 29 (case initially registered at the Court of First Instance of the European Communities under number T-169/05 and transferred to the Civil Service Tribunal of the European Union by order of 15 December 2005).

1

---
H. Res. 8

In the House of Representatives, U.S.,

January 6, 1999.

Resolved, That the following named Member be, and is

hereby, elected to the following standing committees of the

House of Representatives:

COMMITTEE ON BANKING AND FINANCIAL INSTITUTIONS: Mr. Sanders.

COMMITTEE ON GOVERNMENT REFORM: Mr. Sanders.

Attest:

Clerk.
# C_2013038EN.01002902.xml

| 9.2.2013 | EN | Official Journal of the European Union | C 38/29 |
| --- | --- | --- | --- |

9.2.2013

EN

Official Journal of the European Union

C 38/29

---

Judgment of the Civil Service Tribunal (Third Chamber) of 12 December 2012 — Maria Concetta Cerafogli v ECB

(Case F-43/10) (1)

1

(Civil service - Staff of the ECB - Complaint of psychological harassment - Administrative inquiry - Access to the file of the inquiry - Report on the inquiry - Manifest error of assessment)

2013/C 38/54

Language of the case: English

Parties

Parties

Applicant: Maria Concetta Cerafogli (Frankfurt am Main, Germany) (represented by: L. Levi and M. Vandenbussche, lawyers)

Applicant:

Defendant: European Central Bank (ECB) (represented by: P. Embley and F. Feyerbacher, Agents, assisted by B. Wägenbaur, lawyer)

Defendant:

Re:

Re:

The annulment of the decision of the ECB rejecting the applicant’s complaints of discrimination and damage to her dignity caused by the conduct of her management and a claim for damages.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Dismisses the action. |
| --- | --- |

1.

Dismisses the action.

| 2. | Declares that Mrs Cerafogli must bear her own costs and orders her to pay the costs of the European Central Bank. |
| --- | --- |

2.

Declares that Mrs Cerafogli must bear her own costs and orders her to pay the costs of the European Central Bank.

---

(1)  OJ C 209, 31.7.2010, p. 56.

1

---
#### The National Broadway Bank, Respondent, *v.*George Miller, Appellant.

(Argued March 27, 1877;

decided April 3, 1877.)

*Rufus W. Peckham,*for appellant.

*William Hildreth Field,*for respondent.

*612Agree to affirm order on opinion of Daniels, J., in couit below.

All concur; no opinion.

Order affirmed.
-  Home 

# Valve Rule FAQs - Batch 1

**Document Date: October 13, 2023**

Valve-Rule-Faqs.pdf (177.66 KB)

**Year:** 2023

**Document Date:**October 13, 2023

**Description:**

Valve Rule FAQs - Batch 1 (PDF)

*DOT is committed to ensuring that information is available in appropriate alternative formats to meet the requirements of persons who have a disability. If you require an alternative version of files provided on this page, please contact          PHMSA-Accessibility@dot.gov.*
### §2317. Aviation cadets; procurement; transfer

(a) The grade of aviation cadet is established as a special enlisted grade in the Coast Guard. Under such regulations as the Secretary prescribes, citizens in civil life may be enlisted as, and enlisted members of the Coast Guard with their consent may be designated as, aviation cadets.

(b) Except in time of war or national emergency declared by Congress, not less than 20 percent of the aviation cadets procured in each fiscal year shall be procured from qualified enlisted members of the Coast Guard.

(c) No individuals may be enlisted or designated as an aviation cadet unless—

(1) the individual agrees in writing that, upon successful completion of the course of training as an aviation cadet, the individual will accept a commission as an ensign in the Coast Guard Reserve and will serve on active duty as such for at least three years, unless sooner released; and

(2) if under twenty-one years of age, the individual has the consent of the individual's parent or guardian to the agreement.

(d) Under such regulations as the Secretary prescribes, an aviation cadet may be transferred to another enlisted grade or rating in the Coast Guard, released from active duty, or discharged.

(Added Pub. L. 89–444, §1(20), June 9, 1966, 80 Stat. 196, §371; amended Pub. L. 97–295, §2(11), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 98–557, §15(a)(1), Oct. 30, 1984, 98 Stat. 2864; renumbered §2317, Pub. L. 115–282, title I, §113(b), Dec. 4, 2018, 132 Stat. 4221; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(20), Jan. 1, 2021, 134 Stat. 4748.)

#### **Editorial Notes**

#### Amendments

2021—Subsec. (c). Pub. L. 116–283, §8505(a)(20)(A), substituted "individuals" for "persons" in introductory provisions.

Subsec. (c)(1). Pub. L. 116–283, §8505(a)(20)(B), substituted "individual" for "person" in two places.

Subsec. (c)(2). Pub. L. 116–283, §8505(a)(20)(B), (C), substituted "individual" for "person" and "individual's" for "person's".

2018—Pub. L. 115–282 renumbered section 371 of this title as this section.

1984—Subsec. (a). Pub. L. 98–557, §15(a)(1)(A), struck out "male" before "citizens" and "enlisted members".

Subsec. (c)(1). Pub. L. 98–557, §15(a)(1)(B), substituted "the person" for "he" in two places and struck out "his" after "upon".

Subsec. (c)(2). Pub. L. 98–557, §15(a)(1)(C), substituted "the person" for "he", "the person's" for "his", and "the agreement" for "his agreement".

1982—Subsec. (b). Pub. L. 97–295 substituted "percent" for "per centum".
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 20, 2007 Charles R. Fulbruge III Clerk REVISED June 23, 2011 IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-11253 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus JOHN WANNAMAKER, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:05-CR-184-1

-------------------- Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM: * John Wannamaker appeals the sentence imposed following his guilty-plea conviction for conspiracy to commit wire fraud and securities fraud, five counts of wire fraud, one count of securities fraud, five counts of money laundering, and four counts of engaging in illegal monetary transactions. He argues that the sentence imposed by the district court was unreasonable. The district court stated that it had considered the factors set forth in 18 U.S.C. § 3553(a) and gave, inter alia, the followingreasons for the sentence: (1) the sentence was within the

applicable guidelines sentencing range for the offenses (§ 3553(a)(4)) and (2) Wannamaker pleaded guilty to all 16 counts of the indictment without a plea agreement and (3) he accepted responsibility for the offenses. The district court also heard and considered the testimony of Wannamaker’s wife and one of the victims of Wannamaker’s offenses. Wannamaker has not shown that the district court misapplied the Guidelines, failed to consider the § 3553(a) factors, failed to give reasons for the sentence, or considered improper factors in imposing the sentence. Therefore, Wannamaker has not shown that the sentence imposed by the district court was unreasonable. See United States v. Mares , 402 F.3d 511, 518-20 (5th Cir. 2005). Wannamaker also argues that the language in United States v. Alonzo , 435 F.3d 551 (5th Cir. 2005), is improper. We have not, however, relied on Alonzo and its rebuttable presumption of reasonableness in deciding this appeal.
AFFIRMED.
### §698. Repealed. Aug. 11, 1955, ch. 785, title III, §302, 69 Stat. 664

Section, act July 17, 1916, ch. 245, title I, §5 (par.), as added Jan. 23, 1932, ch. 9, §2, 47 Stat. 12, related to subscriptions by United States to capital stock of Federal land banks.
### §628. Extension of corporate existence

Any corporation organized under the provisions of this subchapter may at any time within the two years next previous to the date of the expiration of its corporate existence, by a vote of the shareholders owning two-thirds of its stock, apply to the Board of Governors of the Federal Reserve System for its approval to extend the period of its corporate existence for a term of not more than twenty years, and upon certified approval of the Board of Governors of the Federal Reserve System such corporation shall have its corporate existence for such extended period unless sooner dissolved by the act of the shareholders owning two-thirds of its stock, or by an Act of Congress or unless its franchise becomes forfeited by some violation of law.

(Dec. 23, 1913, ch. 6, §25A (par.), formerly §25(a), as added Dec. 24, 1919, ch. 18, 41 Stat. 378; amended Aug. 23, 1935, ch. 614, title II, §203(a), 49 Stat. 704; renumbered §25A, Pub. L. 102–242, title I, §142(e)(2), Dec. 19, 1991, 105 Stat. 2281.)

#### **Editorial Notes**

#### References in Text

This subchapter, referred to in text, was in the original "this section", meaning section 25A of act Dec. 23, 1913, which is classified to this subchapter (§611 et seq.).

#### Codification

Section is comprised of par. 20 (undesignated) of section 25A of act Dec. 23, 1913, which comprises this subchapter. For complete classification of section 25A of this Act, see Codification note set out under section 611 of this title.

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

#### Change of Name

Section 203(a) of act Aug. 23, 1935, changed name of Federal Reserve Board to Board of Governors of the Federal Reserve System.
# ----- Forwarded by Keith Barnett/RTP/USEPA/US on 08/06/2010 08:57 PM

-----

From: Keith Barnett/RTP/USEPA/US

To: Cortney_Higgins@omb.eop.gov

Cc: Charlotte Bertrand/DC/USEPA/US@EPA, "Michael Laney" <mnl@rti.org>

Date: 07/29/2010 03:48 PM

Subject: Emailing: New Facilities List

- Updated 7

- 29

- 10.xlsx



# Found and error

- the new Cal Portland kin is in AZ, not CA

Keith W. Barnett

USEPA/OAQPS/SPPD/MMG

Mail Code D243

- 02

Research Triangle Park, NC 27711

919

- 541

- 5605

barnett.keith@epa.govName LocationCurrentStartDateinPCADataCurrentStatus EstimatedNewDate SubjecttoNewNSPS NewSource‐NESHAPCemex(South) Brooksville,FL 2008 InoperationNo NoCemexNewBraunfels,TX 2008 InoperationNo NoContinentalCement Hannibal,MO 2008 InoperationNo No‐ThiskilnburnshazardouswasteTexasIndustries OroGrande,CA 2008 InoperationNo NoAmericanCementCo. Sumterville,FL 2009 Underconstructionorinoperation No NoAshGroveCement Foremen,AR 2009 InoperationNo No‐ThiskilnburnshazardouswasteBuzziUnicem Festus,MO 2009 InoperationNo NoEagleMaterials Fernley,NV Posponed NA Unknown NA NAEssrocCementMartinsburg,WV2009 InoperationNo NoGCCAmerica Pueblo,CO 2009 InoperationNo NoHolcim St.Genevieve,MO 2009 InoperationNo NoTexasIndustries NewBraunfels,TX Posponed NA Cancelled No NADrakeCement Paulden,Arizona 2010 Underconstruction 2010 No NoFloridaRockNewberry,Florida 2010 Underconstructionorinoperation 2010 No NoGiantCement/Keystone Bath,Pennsylvania 2010 Underconstructionorinoperation 2010 No No‐ThiskilnburnshazardouswasteLafarge Harleyvile,SC 2010 Underconstructionorinoperation 2010 No NoSumterCementCompanyCenterHill,FL Posponed NA Cancelled NA NACalPortland Rillito,AZ Posponed NA 2013 Note1 Yes NACemex Seligman,AZ 2012 Underconstruction 2013 Yes YesEagleMaterials Laramie,WY Posponed NA Cancelled Note2 NA NAHoustonAmericanCementPerry,GA 2012 PermittingStatge‐constructionnotstarted 2013 Note3 Yes YesLehighMitchell,IN 2012 PermittingStatge‐constructionnotstarted 2013 Note4 Yes YesTitanAmerica CastleHayne,NC 2012 PermittingStatge‐constructionnotstarted 2013 Note5 Yes YesLafarge GainChain,IL 2013 PermittingStatge‐constructionnotstarted 2013 Note6 Yes YesNationalCementRagland,AL2013 PermittingStatge‐constructionnotstarted 2013 Note7 Yes YesNSPSProposalDate‐June16,2808NESHAPProposalDate‐December2,2005forMercury,THC,andHClNote1‐basedconversationwithCalPortland,JayGradyNote2‐BasedonconversationwithEagleMaterialsNote3‐basednnewspaperarticlestatingfacilityIonholduntil2012andassuming2yearstoconstruct‐Jan2012untilDecember2013Note4‐ConversationwithTimMatz‐LehighNote5‐BasedonassessmentofwhereTitanisinpermittingprocessNote6‐basedonconversationwithMikePelan,LafargeNote7‐basedonconversationwithJohnHolmes,consultanttoNationalCement
Pension Benefit Guaranty Corporation 

75-107 

November 21, 1975 

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 reference to your plan termination notice dated December 9, 1974, for the * * * which was received by

the Pension Benefit Guaranty Corporation on December 11, 1974. You have indicated in your correspondence with this

Corporation that * * * Pharmacy, Inc. is an entity owned and controlled by pharmacists, and that 68 percent of its gross

sales are derived from the sale of prescription drugs. You have also indicated that no more than two employees were

covered by the * * * Plan at any time subsequent to September 2, 1974. 

Section 4021(b)(13) of the Employee Retirement Income Security Act of 1974 (hereinafter referred to as 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 this 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 whose principal business is the performance of

professional services, and is owned or controlled by professional [*2] individuals or their executors or administrators.

A representative, but not exclusive sample of professional individuals is listed in § 4021(c)(2)(B). 

Pharmacists are not specifically listed in § 4021(c)(2)(B). However, in common with a majority of the enumerated

professional individuals, pharmacists must receive formal, specificalized schooling and are subject to licensing

requirements. In view of these factors, and the nature of the work performed, it is consistent with the language and intent

of the Act to consider pharmacists professional individuals for the purposes of § 4021(b)(13). A pharmaceutical entity

is performing a professional service only when preparing and vending prescription drugs; when a pharmacy sells other

items it is acting as does any retail store. Since 68 percent of the * * * gross sales are derived from the sale of

prescription drugs, its principal business is the performance of professional services. 

Accordingly, it is our view that the * * * Retirement Plan is excluded from coverage under § 4021(b)(13). Plans

which are excluded from Title IV coverage need not file a notice of termination with the Pension Benefit Guaranty

Corporation, or obtain its [*3] approval to terminate such a plan. 

If you have any questions concerning this matter please do not hesitate to contact us. 

Henry Rose 

General Counsel
#### § 312.8 Export inspection marks.

The export inspection mark required in [§ 322.1 of this chapter](/on/2024-07-03/title-9/section-322.1) must be either a mark that contains a unique identifier that links the consignment to the export certificate or an official mark with the following form:[[1](#312.8-footnote-1)]

[![](https://img.federalregister.gov/ER29JN16.015/ER29JN16.015_large.png)](https://img.federalregister.gov/ER29JN16.015/ER29JN16.015_original_size.png)

[[81 FR 42233](https://www.federalregister.gov/citation/81-FR-42233), June 29, 2016]

###### Footnotes - [312.8](/on/2024-07-03/title-9/section-312.8)

[[1](#312.8-footref-1)] The number “1234567” is given as an example only. The number on the mark will correspond to the printed number on the export certificate.
### **CHAPTER 9—NATIONAL WEATHER SERVICE**

Sec.
311.
Omitted.
312.
Employees.
313.
Duties of Secretary of Commerce.
313a.
Establishment of meteorological observation stations in the Arctic region.
313b.
Institute for Aviation Weather Prediction.
313c.
Authorized activities of the National Oceanic and Atmospheric Administration.
313d.
NIDIS program.
314.
Omitted.
315.
Changes or assignment to duty.
316.
Omitted.
317.
Appropriations and estimates.
318.
Weather signals on mail cars.
319 to 321. Omitted or Repealed.
322.
Odd jobs for part-time employees.
323, 324.
Repealed or Omitted.
325.
Authority for certain functions and activities.
326.
Maintenance of printing office in Washington, D.C.
327.
Employees for conduct of meteorological investigations in Arctic region; appointment and compensation; extra compensation to other Government employees for taking observations.
328.
Transfer from other Government Departments of surplus equipment and supplies for Arctic stations.
329.
Omitted.
# C_2007096EN.01000901.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 96/9 |
| --- | --- | --- | --- |

28.4.2007

EN

Official Journal of the European Union

C 96/9

---

Judgment of the Court (First Chamber) of 19 April 2007 — Office for Harmonisation in the Internal Market (Trade Marks and Designs) v Celltech R&D Ltd

(Case C-273/05 P) (1)

1

(Appeal - Community trade mark - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 - Application for word mark CELLTECH - Absolute grounds for refusal - Lack of distinctive character - Descriptive character)

(2007/C 96/13)

Language of the case: English

Parties

Appellant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Appellant:

Other party to the proceedings: Celltech R&D Ltd (represented by: D. Alexander QC and G. Hobbs QC, instructed by N. Jenkins, Solicitor)

Other party to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 14 April 2005 in Case T-260/03 Celltech R&D Limited v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) in which the Court of First Instance annulled decision R 659/2002-2 of OHIM's Second Board of Appeal of 19 May 2003, rejecting the appeal against the examiner's decision refusing registration of the word mark ‘CELLTECH ’for goods and services falling within Classes 5, 10 and 42

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs. |
| --- | --- |

2.

Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to pay the costs.

---

(1)  OJ C 243, 1.10.2005.

1

---
ー 1
§ 9005.2 Payments to eligible candidates from the Fund. ( a ) Upon receipt of a certification from the Commission under 11 CFR 9005.1 for payment to the eligible Presidential and Vice Presidential candidates of a political party, the Secretary shall pay to such candidates out of the Fund the amount certified by the Commission. Amounts paid to a candidate shall be under the control of that candidate.
( b ) ( 1 ) If at the time of a certification from the Commission under 11 CFR 9005.1, the Secretary determines that the monies in the Fund are not, or may not be, sufficient to satisfy the full entitlements of the eligible candidates of all political parties, he or she shall withhold an amount which is determined to be necessary to assure that the eligible candidates of each political party will receive their pro rata share.
( 2 ) Amounts withheld under 11 CFR 9005.2(b)(1) shall be paid when the Secretary determines that there are sufficient monies in the Fund to pay such amounts, or pro rata portions thereof, to all eligible candidates from whom amounts have been withheld.
( c ) Payments received from the Fund by a major party candidate shall be deposited in a separate account maintained by his or her authorized committee, unless there is a deficiency in the Fund as provided under 11 CFR 9005.2(b)(1). In the case of a deficiency, the candidate may establish a separate account for payments from the Fund or may deposit such payments with contributions received pursuant to 11 CFR 9003.3(b). The account(s) shall be maintained at a State bank, federally chartered depository institution or other depository institution, the deposits or accounts of which are insured by the Federal Deposit Insurance Corporation.
( d ) No funds other than the payments received from the Treasury, reimbursements, or income generated through use of public funds in accordance with 11 CFR 9004.5, shall be deposited in the account described in 11 CFR 9005.2(c). “Reimbursements” shall include, but are not limited to, refunds of deposits, vendor refunds, reimbursements for travel expenses under 11 CFR 9004.6 and 9004.7 and reimbursements for legal and accounting costs under 11 CFR 9003.3(a)(2)(ii)(B).