alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 120

#### Editorial Note:

Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

#### § 120.961 Construction escrow accounts.

The CSA, title company, CDC attorney, or bank may hold Debenture proceeds in escrow to complete Project components such as landscaping and parking lots, and acquire machinery and equipment if the component or acquisition is a minor portion of the total Project and has been contracted for completion or delivery at a specified price and specific future date. The escrow agent must disburse funds upon approval by the CDC and the SBA, supported by invoices and payable jointly to the small business and the designated contractor.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsModeling Reaction Control System Effects on Mars OdysseyDuring the Mars 2001 Odyssey aerobraking mission, NASA Langley Research Center performed 6 degree of freedom (6-DOF) simulations to determine rotational motion of the spacecraft. The main objective of this study was to assess the reaction control system models and their effects on the atmospheric flight of Odyssey. Based on these models, a comparison was made between data derived from flight measurements to simulated rotational motion of the spacecraft during aerobraking at Mars. The differences between the simulation and flight derived Odyssey data were then used to adjust the aerodynamic parameters to achieve a better correlation.Document ID20020076394Acquisition SourceLangley Research CenterDocument TypeContractor Report (CR)AuthorsHanna, Jill L.*(Institute for Computer Applications in Science and Engineering Hampton, VA United States)*Chavis, Zachary Q.*(George Washington Univ. Hampton, VA United States)*Wilmoth, Richard G.*(NASA Langley Research Center Hampton, VA United States)*Bushnell, Dennis M.Date AcquiredSeptember 7, 2013Publication DateJuly 1, 2002Subject CategoryNumerical AnalysisReport/Patent NumberNAS 1.26:211767NASA/CR-2002-211767ICASE-2002-31Funding Number(s)PROJECT: RTOP 505-90-52-01CONTRACT_GRANT: NAS1-97046Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType20020076394.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
[Federal Register Volume 69, Number 196 (Tuesday, October 12, 2004)]
[Notices]
[Page 60668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22796]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-54,800A]


Johnson Controls, Inc., Southview Plant, Door Panel Line, 
Including Leased Workers of Kelly Services, Holland, MI; Notice of 
Revised Determination on Reconsideration

    By letter dated July 16, 2004, a company official requested 
administrative reconsideration regarding the Departments Negative 
Determination Regarding Eligibility to Apply for Worker Adjustment 
Assistance and Alternative Trade Adjustment Assistance (ATAA), 
applicable to the workers of the subject firm. The determination 
covering workers of Johnson Controls, Inc., Southview Plant, Sun Visor 
Line and Door Panel Line, including leased workers of Kelly Services, 
Holland, Michigan, (TA-W-54,800 and TA-W-54,800A) certified the Sun 
Visor Line for TAA and ATAA but denied TAA and ATAA certification to 
the Door Panel Line.
    The Department's determination was signed on June 23, 2004. The 
Department's Notice of Determination was published in the Federal 
Register on August 3, 2004 (69 FR 46574).
    The initial investigation determined that workers of the Sun Visor 
Line are separately identifiable from the Door Panel Line.
    On reconsideration the company contact alleged that the workers of 
the Sun Visor Line are not separately identifiable from the Door Panel 
Line. Further contact with the company established that the workers of 
Johnson Controls, Inc., Southview Plant, Sun Visor Line and Door Panel 
Line, Holland, Michigan are not separately identifiable by product 
line.

Conclusion

    After careful review of the additional facts obtained on 
reconsideration, I conclude that workers are not separately 
identifiable at the subject firm and that a shift in production of 
another article produced at the Holland, Michigan contributed to the 
total or partial separation of workers at the subject firm. In 
accordance with the provisions of the Act, I make the following 
certification:

    ``All workers of Johnson Controls, Inc., Southview Plant, Door 
Panel Line, Holland, Michigan, including leased workers of Kelly 
Services working onsite at the subject facility, who became totally 
or partially separated from employment on or after April 8, 2003 
through June 23, 2006, are eligible to apply for adjustment 
assistance under Section 223 of the Trade Act of 1974, and are also 
eligible to apply for alternative trade adjustment assistance under 
Section 246 of the Trade Act of 1974.''

    Signed in Washington, DC this 24th day of September 2004.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-22796 Filed 10-8-04; 8:45 am]
BILLING CODE 4510-30-P
### §421. Payment of residents for services

#### (a) Authority

The Chief Operating Officer is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resident of the Retirement Home, to pay the resident for such services, and to fix the rate of such pay.

#### (b) Employment status

A resident receiving pay for services authorized under subsection (a) shall not, by reason of performing such services and receiving pay for such services, be considered as—

(1) receiving the pay of a position or being employed in a position for the purposes of section 5532 1 of title 5; or

(2) being an employee of the United States for any purpose other than—

(A) subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries); and

(B) chapter 171 of title 28 (relating to claims for damages or loss).

#### (c) "Position" defined

In subsection (b)(1), the term "position" has the meaning given that term in section 5531 of title 5.

(Pub. L. 101–510, div. A, title XV, §1521, as added Pub. L. 102–484, div. A, title III, §385(a), Oct. 23, 1992, 106 Stat. 2394; amended Pub. L. 104–201, div. A, title X, §1052(b), Sept. 23, 1996, 110 Stat. 2650; Pub. L. 107–107, div. A, title XIV, §1404(b)(3), Dec. 28, 2001, 115 Stat. 1260.)

#### **Editorial Notes**

#### References in Text

Section 5532 of title 5, referred to in subsec. (b)(1), was repealed by Pub. L. 106–65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664.

#### Amendments

2001—Subsec. (a). Pub. L. 107–107 substituted "Chief Operating Officer" for "Chairman of the Armed Forces Retirement Board".

1996—Subsec. (b)(2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "being an employee of the United States for any other purpose."

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

#### Forgiveness of Indebtedness

Pub. L. 102–484, div. A, title III, §385(b), Oct. 23, 1992, 106 Stat. 2394, provided that: "The Chairman of the Armed Forces Retirement Board is authorized to cancel the indebtedness of any resident of the Armed Forces Retirement Home for repayment to the United States of amounts paid the resident for services provided to the Retirement Home before the date of the enactment of this Act [Oct. 23, 1992] if the Chairman determines that it would be in the interest of the United States to do so and against equity and good conscience to require the repayment."

1 See References in Text note below.
### §6036. Notice of qualification as executor or receiver

Every receiver, trustee in a case under title 11 of the United States Code, assignee for benefit of creditors, or other like fiduciary, and every executor (as defined in section 2203), shall give notice of his qualification as such to the Secretary in such manner and at such time as may be required by regulations of the Secretary. The Secretary may by regulation provide such exemptions from the requirements of this section as the Secretary deems proper.

(Aug. 16, 1954, ch. 736, 68A Stat. 744; Pub. L. 94–455, title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834; Pub. L. 96–589, §6(i)(6), Dec. 24, 1980, 94 Stat. 3410.)

#### **Editorial Notes**

#### Amendments

1980—Pub. L. 96–589 substituted "trustee in a case under title 11 of the United States Code" for "trustee in bankruptcy".

1976—Pub. L. 94–455 struck out "or his delegate" after "Secretary" wherever appearing.

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

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–589 effective Oct. 1, 1979, but not applicable to proceedings under Title 11, Bankruptcy, commenced before Oct. 1, 1979, see section 7(e) of Pub. L. 96–589, set out as a note under section 108 of this title.
#### In the Matter of the Application of the City of New York, Respondent, Relative to Acquiring Title, etc., for the Opening and Extending of Starr Street, etc. Anna Schleider, Appellant.

Order affirmed, with ten dollars costs and disbursements. No opinion. Jenks, P. J., Burr, Rich, Staple-' ton and Putnam, JJ., concurred.
Exhibit 32.1


                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF TEHE SARBANES-OXLEY ACT OF 2002


I, Robert Spivak, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report of Grill Concepts, Inc. on Form 10-Q for the quarterly period ended June
26, 2005 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Form 10-Q
fairly presents in all material respects the financial condition and results of
operations of Grill Concepts, Inc.


                                   By:   /s/ Robert Spivak
                                         --------------------------
                                   Name: Robert Spivak
                                   Title: Chief Executive Officer
                                   August 11, 2005

<PAGE>
HomeAbout NRCRadiation ProtectionHow the NRC Protects You

# Health Physics Positions Based on 10 CFR Part 20

The Health Physics Positions (HPPOS) Database (NUREG/CR-5569, Rev. 1, 1994) is a compilation of NRC staff positions on a wide range of topics involving radiation protection (health physics). It consists of over 300 documents in the forms of letters, memoranda, and excepts from technical reports. The HPPOS Database was developed by NRC Headquarters and Regional Offices to help ensure uniformity in inspections, enforcement, and licensing actions.

Many of the positions in the HPPOS Database are outdated, but the NRC staff has decided to make the database available to the public because it contains much valuable information on health physics issues related to regulation. The positions should not be considered authoritative by themselves and should not be relied on for regulatory compliance. For questions about these issues, consult NRC staff.

For questions about these issues, consult one of the NRC staff in the list of contacts below. To reach a contact by telephone, please see the NRC Telephone Directory.

**Reactors:**Steve GarryDave GarmonMicheal SmithEdward StutzcageZachary Gran

**Materials:**Vince Holahan

**Research:**Terry Brock

See also Consolidated Guidance: 10 CFR Part 20 - Standards for Protection Against Radiation (NUREG-1736).

Page Last Reviewed/Updated Thursday, February 18, 2021
IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISON

NEWTON JOSEPH, individually

and on behalf of all others 

similarly situated,

Plaintiff,

v. CASE NO.: 0:20-cv-61239-RKA

COMCAST CABLE COMMUNICATIONS 

MANAGEMENT, LLC.,

Defendant.

__________________________________/

NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE

Plaintiff, pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, hereby 

files this voluntary notice of dismissal with prejudice. 

Dated this 19th day of August, 2020.

Respectfully submitted,

/s/Brandon J. Hill

LUIS A. CABASSA, ESQ.

Florida Bar Number: 053643

Direct No.: 813-379-2565

BRANDON J. HILL, ESQ.

Florida Bar Number: 37061

Direct No.: 813-337-7992

WENZEL FENTON CABASSA, P.A.

1110 N. Florida Avenue, Suite 300

Tampa, Florida 33602

Main No.: 813-224-0431

Facsimile: 813-229-8712

Email: lcabassa@wfclaw.com

Email: bhill@wfclaw.com

Email: gnichols@wfclaw.com

and

Case 0:20-cv-61239-RKA Document 7 Entered on FLSD Docket 08/19/2020 Page 1 of 2
CHAD A. JUSTICE

Florida Bar Number: 121559

JUSTICE FOR JUSTICE LLC

1205 N. Franklin Street, Suite 326

Tampa, Florida 33602

Direct No. 813-566-0550

Facsimile: 813-566-0770

E-mail: chad@getjusticeforjustice.com

Attorneys for Plaintiff

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 19th day of August, 2020, the foregoing was 

electronically filed with the Clerk of Court via the CM/ECF system which will send the notice of 

electronic filing to all counsel of record. 

/s/Brandon J. Hill

BRANDON J. HILL 

Case 0:20-cv-61239-RKA Document 7 Entered on FLSD Docket 08/19/2020 Page 2 of 2
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Technical Assistance Request Concerning Posting per 10 CFR 34.42 and Surveys per 10 CFR 20.201

## HPPOS-296 PDR-9306220099

See the memorandum from J. E. Glenn to R. Cooper dated July 7, 1990.

This memo responds to a technical request from Region I, dated May 18, 1990, on the above subjects. In general, the staff may by 10 CFR 20.501 [or, at present, 10 CFR 20.2301] and 10 CFR 34.51 consider any application for an exemption to the regulations in 10 CFR Part 20 or 10 CFR Part 34 if it determines the exemption is (1) authorized by law, (2) will not result in undue hazard to life or property, and (3) the applicant has submitted sufficient justification. However, the staff is not required to grant an exemption request.

Provided below are answers to specific questions regarding posting and surveys when performing radiography on pipeline welds:
        - Posting of radiation areas per 10 CFR 34.42: Does NRC consider exceptions to the posting requirements in such practical field situations as thick brush or woods immediately adjacent to the radiography operation, or radiography operations that are adjacent to a heavily-travelled highway? Can dirt from the pipe ditch be used as a partial shield, or can the ditch itself be used as a barrier preventing access to the radiation area in lieu of posting? The regulation clearly requires that areas in which radiography is being performed be conspicuously posted. That is, all potential pathways to radiation and high radiation areas must contain the appropriate posting. Exemptions have not been made for wooded or thick brush areas, ditches, or heavily travelled highways in the past. The convenience or inconvenience of the posting is not a sufficient criterion alone to grant an exemption.
        - Performance of radiation area surveys per 10 CFR 20.201 [or, at present, 10 CFR 20.1501]: How often does one need to survey to confirm the radiation and high radiation areas when performing radiography along a pipeline where weld exposure geometries are essentially the same but shielding provided by adjacent terrain varies? The licensee is required to make an evaluation of radiation hazard any time the conditions of the radiation exposure changes. Accordingly, even though the weld-to-weld exposure geometries are essentially the same, if the shielding provided by adjacent terrain varies, a new survey / evaluation is required. Note that a measurement is not necessarily required in order to make an evaluation. 

**Regulatory references:** 10 CFR 20.201, 10 CFR 20.501, 10 CFR 20.1501, 10 CFR 20.2301, 10 CFR 34.42, 10 CFR 34.51

**Subject codes:** 4.7, 7.1

**Applicability:** Radiography

Page Last Reviewed/Updated Monday, October 30, 2017
### [§5233. Repealed. Pub. L. 96–39, title VIII, §807(a)(34), July 26, 1979, 93 Stat. 286]

Section, added Pub. L. 85–859, title II, §201, Sept. 2, 1958, 72 Stat. 1366; amended Pub. L. 94–455, title XIX, §§1905(a)(16), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1820, 1834, related to the bottling of distilled spirits in bond.

A prior section 5233, act Aug. 16, 1954, ch. 736, 68A Stat. 644, made a cross reference provision to establishment of bottling in bond department, prior to the general revision of this chapter by Pub. L. 85–859.

Provisions similar to those comprising subsecs. (a) to (d) and (e)(1) of section 5233 added by Pub. L. 85–859, title II, §201, Sept. 2, 1958, 72 Stat. 1366, were contained in prior section 5243(a) to (c), (g), act Aug. 16, 1954, ch. 736, 68A Stat. 645, as amended by Pub. L. 85–859, title II, §206(c), Sept. 2, 1958, 72 Stat. 1431.

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

#### Effective Date of Repeal

Repeal effective Jan. 1, 1980, see section 810 of Pub. L. 96–39, set out as an Effective Date of 1979 Amendment note under section 5001 of this title.
### [§§4061 to 4063. Repealed. Pub. L. 98–369, div. A, title VII, §735(a)(1), July 18, 1984, 98 Stat. 980]

Section 4061, acts Aug. 16, 1954, ch. 736, 68A Stat. 481; Mar. 30, 1955, ch. 18, §3(a)(2), 69 Stat. 14; Aug. 12, 1955, ch. 865, §1, 69 Stat. 709; Mar. 29, 1956, ch. 115, §3(a)(2), 70 Stat. 66; June 29, 1956, ch. 462, title II, §203, 70 Stat. 388; Mar. 29, 1957, Pub. L. 85–12, §3(a)(1), 71 Stat. 9; June 30, 1958, Pub. L. 85–475, §3(a)(1), 72 Stat. 259; June 30, 1959, Pub. L. 86–75, §3(a)(1), 73 Stat. 157; June 30, 1960, Pub. L. 86–564, title II §202(a)(1), 74 Stat. 290; June 29, 1961, Pub. L. 87–61, title II, §204, 75 Stat. 126; June 30, 1961, Pub. L. 87–72, §3(a)(1), 75 Stat. 193; June 28, 1962, Pub. L. 87–508, §3(a)(1), 76 Stat. 114; June 29, 1963, Pub. L. 88–52, §3(a)(1), 77 Stat. 72; June 30, 1964, Pub. L. 88–348, §2(a)(1), 78 Stat. 237; June 21, 1965, Pub. L. 89–44, title II, §201, 79 Stat. 136; Mar. 15, 1966, Pub. L. 89–368, title II, §201(a), 80 Stat. 65; Apr. 12, 1968, Pub. L. 90–285, §1(a)(1), 82 Stat. 92; June 28, 1968, Pub. L. 90–364, title I, §105(a)(1), 82 Stat. 265; Dec. 30, 1969, Pub. L. 91–172, title VII, §702(a)(1), 83 Stat. 660; Dec. 31, 1970, Pub. L. 91–605, title III, §303(a)(3), (4), 84 Stat. 1743; Dec. 31, 1970, Pub. L. 91–614, title II, §201(a)(1), 84 Stat. 1843; Dec. 10, 1971, Pub. L. 92–178, title IV, §401(a)(1), (g) (1), 85 Stat. 530, 533; May 5, 1976, Pub. L. 94–280, title III, §303(a)(3), (4), 90 Stat. 456; Oct. 4, 1976, Pub. L. 94–455, title XIX, §1906(b)(13)(A), 90 Stat. 1834; Nov. 6, 1978, Pub. L. 95–599, title V, §502(a)(2), (3), 92 Stat. 2756; Jan. 6, 1983, Pub. L. 97–424, title V, §512(a)(1), (2), 96 Stat. 2173, 2174, related to imposition of tax on trucks, buses, tractors, etc.

Section 4062, acts Aug. 16, 1954, ch. 736, 68A Stat. 482; Oct. 13, 1964, Pub. L. 88–653, §5(b), 78 Stat. 1086; Nov. 13, 1966, Pub. L. 89–809, title II, §212(a), 80 Stat. 1585; Dec. 10, 1971, Pub. L. 92–178, title IV, §401(g)(2)(A)–(C), 85 Stat. 533, related to articles classified as parts.

Section 4063, acts Aug. 16, 1954, ch. 736, 68A Stat. 482; Aug. 11, 1955, ch. 805, §1(g), 69 Stat. 690; Oct. 13, 1964, Pub. L. 88–653, §5(a), 78 Stat. 1086; June 21, 1965, Pub. L. 89–44, title VIII, §801(a), 79 Stat. 157; Dec. 30, 1969, Pub. L. 91–172, title IX, §931(a), 83 Stat. 724; Dec. 31, 1970, Pub. L. 91–614, title III, §303(a), 84 Stat. 1845; Dec. 10, 1971, Pub. L. 92–178, title IV, §401(a)(2), (g)(3), 85 Stat. 530, 533; Oct. 4, 1976, Pub. L. 94–455, title XIX, §1906(b)(13)(A), title XXI, §2109(a), 90 Stat. 1834, 1904; Nov. 6, 1978, Pub. L. 95–600, title VII, §701(ff)(1), 92 Stat. 2924; Nov. 9, 1978, Pub. L. 95–618, title II, §231(a), 92 Stat. 3187; Jan. 6, 1983, Pub. L. 97–424, title V, §512(a)(3), 96 Stat. 2174, related to exemptions from tax.

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

#### Effective Date of Repeal

Repeal effective as if included in the provisions of the Highway Revenue Act of 1982, Pub. L. 97–424, see section 736 of Pub. L. 98–369, set out as an Effective Date of 1984 Amendment note under section 4051 of this title.
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Lower Technical Specification Limit of Detection for Liquid Effluents

## HPPOS-171 PDR-9111220193

See the memorandum from L. J. Cunningham to W. D. Shafer dated December 7, 1987.

Technical Specification requirements on lower limits of detection in effluents apply to the sampling and analysis systems (equipment and procedures), not individual samples.

It was found that a licensee's procedures were designed to detect cesium-134 at the required level in distilled water, not in a normal effluent sample. This did not meet the intent of the licensee Technical Specifications on lower limits of detection for radio-active liquid effluents. Attempts were made to clarify the requirements on lower limits of detection (NUREG / CR-4007) but these are still ambiguous.

The requirements are on the sampling and analysis system (equipment and procedures) rather than requirements for individual samples. Licensees are required to have equipment and procedures that attain the specified lower limit detection under normal conditions. Therefore, an occasional failure of an analysis to achieve the specified lower limit of detection with an actual sample is not a failure to comply. Repeated failures to achieve the specified lower limit of detection, however, are indicative of a system deficiency and do constitute a violation of the Technical Specifications (TS).

To perform the required measurements, licensees must account for the presence of various nuclides in the samples. This may require measures such as increasing the counting time and/or the use of up-to-date software to resolve peaks with similar energies. This is indicated in the TS by requiring the use of "blank samples as appropriate" for determining the background count rate.

**Regulatory references:** Technical Specifications

**Subject codes:** 6.8, 7.3

**Applicability:** Reactors

Page Last Reviewed/Updated Monday, October 16, 2017
**Exhibit 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to theincorporation by reference in Registration Statement No. 333-127667 on Form S-8 of our reports dated March 10, 2010, relating to the financial statements of Heartland Payment Systems, Inc. and subsidiaries (which report expresses anunqualified opinion on those financial statements), and the effectiveness of Heartland Payment Systems, Inc.’s and subsidiaries’ internal control over financial reporting, appearing in this Annual Report on Form 10-K of Heartland PaymentSystems, Inc. and subsidiaries for the year ended December 31, 2009. 

/s/ Deloitte Touche LLP 

Philadelphia, PA 

March 10, 2010
§ 107.507 Violations based on false filings and nonperformance of agreements with SBA. The following shall constitute a violation of this part: ( a ) *Nonperformance.* Nonperformance of any of the requirements of any Debenture, Participating Security or Preferred Security, or of any written agreement with SBA.
( b ) *False statement.* In any document submitted to SBA: ( 1 ) Any false statement knowingly made; or
( 2 ) Any misrepresentation of a material fact; or
( 3 ) Any failure to state a material fact. A material fact is any fact which is necessary to make a statement not misleading in light of the circumstances under which the statement was made.