alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 124
Editorial Note: Nomenclature changes to part 124 appear at 72 FR 50040, Aug. 30, 2007, and 76 FR 8253, Feb. 11, 2011.

§ 124.505 When will SBA appeal the terms or conditions of a particular 8(a) contract or a procuring activity decision not to use the 8(a) BD program? ( a ) *What SBA may appeal.* The Administrator of SBA may appeal the following matters to the head of the procuring agency: ( 1 ) A contracting officer's decision not to make a particular procurement available for award as an 8(a) contract;
( 2 ) A contracting officer's decision to reject a specific Participant for award of an 8(a) contract after SBA's acceptance of the requirement for the 8(a) BD program;
( 3 ) A decision by a contracting officer that a particular procurement is a new requirement that is not subject to the release requirements set forth in § 124.504(d); and
( 4 ) The terms and conditions of a proposed 8(a) contract, including the procuring activity's NAICS code designation and estimate of the fair market price.
( b ) *Procedures for appeal.* ( 1 ) SBA must notify the contracting officer of the SBA Administrator's intent to appeal an adverse decision within 5 working days of SBA's receipt of the decision.
( 2 ) Upon receipt of the notice of intent to appeal, the procuring activity must suspend further action regarding the procurement until the head of the procuring agency issues a written decision on the appeal, unless the head of the procuring agency makes a written determination that urgent and compelling circumstances which significantly affect interests of the United States will not permit waiting for a consideration of the appeal.
( 3 ) The SBA Administrator must send a written appeal of the adverse decision to the head of the procuring agency within 15 working days of SBA's notification of intent to appeal or the appeal may be considered withdrawn.
( 4 ) By statute (15 U.S.C. 637(a)(1)(A)), the procuring agency head must specify in writing the reasons for a denial of an appeal brought by the Administrator under this section.
[63 FR 35739, June 30, 1998, as amended at 85 FR 66189, Oct. 16, 2020]
§ 46.225 How to select cooperating agencies. ( a ) An “eligible governmental entity” is: ( 1 ) Any Federal agency that is qualified to participate in the development of an environmental impact statement as provided for in 40 CFR 1501.6 and 1508.5 by virtue of its jurisdiction by law, as defined in 40 CFR 1508.15;
( 2 ) Any Federal agency that is qualified to participate in the development of an environmental impact statement by virtue of its special expertise, as defined in 40 CFR 1508.26; or
( 3 ) Any non-Federal agency (State, tribal, or local) with qualifications similar to those in paragraphs (a)(1) and (a)(2) of this section.
( b ) Except as described in paragraph (c) of this section, the Responsible Official for the lead bureau must invite eligible governmental entities to participate as cooperating agencies when the bureau is developing an environmental impact statement.
( c ) The Responsible Official for the lead bureau must consider any request by an eligible governmental entity to participate in a particular environmental impact statement as a cooperating agency. If the Responsible Official for the lead bureau denies a request, or determines it is inappropriate to extend an invitation, he or she must state the reasons in the environmental impact statement. Denial of a request or not extending an invitation for cooperating agency status is not subject to any internal administrative appeals process, nor is it a final agency action subject to review under the Administrative Procedure Act, 5 U.S.C. 701 *et seq.*
( d ) Bureaus should work with cooperating agencies to develop and adopt a memorandum of understanding that includes their respective roles, assignment of issues, schedules, and staff commitments so that the NEPA process remains on track and within the time schedule. Memoranda of understanding must be used in the case of non-Federal agencies and must include a commitment to maintain the confidentiality of documents and deliberations during the period prior to the public release by the bureau of any NEPA document, including drafts.
( e ) The procedures of this section may be used for an environmental assessment.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S JUNE 30, 1998 FORM 10-Q 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-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          10,430
<SECURITIES>                                         0
<RECEIVABLES>                                   63,481
<ALLOWANCES>                                     1,338
<INVENTORY>                                          0
<CURRENT-ASSETS>                                94,268
<PP&E>                                         138,270
<DEPRECIATION>                                  61,515
<TOTAL-ASSETS>                                 186,363
<CURRENT-LIABILITIES>                           53,269
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           752
<OTHER-SE>                                     126,166
<TOTAL-LIABILITY-AND-EQUITY>                   186,363
<SALES>                                        140,587
<TOTAL-REVENUES>                               140,587
<CGS>                                          101,766
<TOTAL-COSTS>                                  130,480
<OTHER-EXPENSES>                                   889
<LOSS-PROVISION>                                   462
<INTEREST-EXPENSE>                                 745
<INCOME-PRETAX>                                  8,858
<INCOME-TAX>                                     2,030
<INCOME-CONTINUING>                              6,828
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     6,828
<EPS-PRIMARY>                                      .45
<EPS-DILUTED>                                      .45
        

</TABLE>
#### Henry F. Doell, Respondent, v. William S. Riley Company, Appellant.

Judgment affirmed, with costs. All concurred.
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#### Clement Diaz, Respondent, v. Louis K. Adler, Appellant, et al., Defendants.

Order unanimously affirmed, with $20 costs and disbursements. Bill of particulars to be served within ten days after service of the order, with notice of entry thereof. Ho opinion. Present — Peek, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity

to submit written comment s concerning a proposed revision to the Commonwealth of Virginia State Implement ation Plan was held from June 4 to July 5 , 201 2

.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of the public comment period in the Virginia Register , along with the location of the proposal for public inspection, on June 4 , 2012 . The notice included procedures to afford the public the opportunity to request that a hearing be held pursuant to 40 CFR 51.102(a); no such request was received. The attached copy of the notice provides the evidence required by Section 2.1(f ) of Appendix V of 40 CFR Part 51.

The Regional Administrator for the U.S. Environmental Protection Agency was notified

of the public comment period , as was each local air pollution control agency which will be significantly affected by the revision and is located in the affected Air Quality Control Regions. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Control Regions with Virginia, were notified of the public

comment period . These notificat ions follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5).

TEMPLATES \ SIP

- REG \ REG02

- PH

SIP ASSESSMENT \ H S

- SIP

- 2.DOC
Case 0:20-cv-61191-AOV Document 47 Entered on FLSD Docket 12/02/2020 Page 1 of 2
Case 0:20-cv-61191-AOV Document 47 Entered on FLSD Docket 12/02/2020 Page 2 of 2
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Health Physics Questions and Answers - Question 120

**Question 120:** Would a licensee be found to be in noncompliance with the limit for the dose to an embryo / fetus if, at the time the woman declared her pregnancy, the dose to the embryo / fetus exceeded 0.5 rem and the embryo / fetus subsequently received more than 0.05 rem from licensed material that was in the body of the woman before she declared her pregnancy.

**Answer:** No. The intent of 10 CFR 20.1208 (d) is that the licensee should not be in violation of the limit for the embryo / fetus as a result of doses received by the embryo / fetus before the woman declared her pregnancy or doses received as a result of intakes before that declaration was made.

(Reference: 10 CFR 20.1208)

Page Last Reviewed/Updated Tuesday, October 31, 2017
Exhibit 99.2


                                 CERTIFICATION

The undersigned, the trustee (the "Trustee") in respect of the Trust
Certificates (TRUCs) Series 2001-3, hereby certifies to Bear Stearns Depositor
Inc. as follows:

     1.   I have reviewed the annual report on Form 10-K and all reports on
          Form 8-K filed by U.S. Bank Trust National Association, solely as
          Trustee for the Trust Certificates (TRUCs) Series 2001-3 Trust and
          any distribution reports filed in respect of the Trust during the
          2004 calendar year;

     2.   Based on my knowledge, the information in those reports, taken as a
          whole, does not contain any untrue statement of a material fact or
          omit to state a material fact necessary to make the statements made,
          in light of the circumstances under which such statements were made,
          not misleading as of the last day of the period covered by the
          annual report;

     3.   Based on my knowledge, the distribution or servicing information
          required to be provided to the depositor by the Trustee under the
          trust agreement for inclusion in these reports is included in such
          reports; and

     4.   I am responsible for reviewing the activities performed by the
          Trustee under the trust agreement and based on my knowledge, except
          as disclosed in these reports, the Trustee has fulfilled its
          obligations under the trust agreement.

                                  U.S. BANK TRUST NATIONAL
                                  ASSOCIATION


                                  By: /s/ Thomas E. Tabor
                                  -----------------------
                                  Name:   Thomas E. Tabor
                                  Title:  Vice President
                                  Date:   March 28, 2005
#### § 50.41 What will the Secretary's decision include?

The decision will respond to significant public comments and summarize the evidence, reasoning, and analyses that are the basis for the Secretary's determination regarding whether the request meets the criteria described in § 50.16 and is consistent with this part.
CERTIFICATION BY PRINCIPAL ACCOUNTING OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (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 for the
dates and periods covered by the Report.
  /s/ Kathy R. Wehmeir-DavisNovember 16, 2009
    Kathy R. Wehmeir-DavisPrincipal Accounting Officer
Editorial Note on Part 120
Editorial Note: Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

§ 120.710 What is the Loan Loss Reserve Fund? ( a ) *General.* The Loan Loss Reserve Fund (“LLRF”) is a Deposit Account which an Intermediary must establish to pay any shortage in the MRF caused by delinquencies or losses on Microloans.
( b ) *Level of Loan Loss Reserve Fund.* Until it is in the Microloan program for at least five years, an Intermediary must maintain a balance on deposit in its LLRF equal to 15 percent of the outstanding balance of the notes receivable owed to it by its Microloan borrowers (“Portfolio”).
( c ) *SBA review of Loan Loss Reserve Fund.* After an Intermediary has been in the Microloan program for five years, it may request SBA's appropriate Office of Capital Access official in accordance with Delegations of Authority to reduce the percentage of its Portfolio which it must maintain in its LLRF to an amount equal to the actual average loan loss rate during the preceding five-year period. Upon receipt of such request, he/she will review the Intermediary's annual loss rate for the most recent five-year period preceding the request.
( d ) *Reduction of Loan Loss Reserve Fund.* The appropriate Office of Capital Access official in accordance with Delegations of Authority has the authority to reduce the percentage of an Intermediary's Portfolio that it must maintain in its LLRF to an amount equal to the actual average loan loss rate during the preceding five-year period. The appropriate Office of Capital Access official in accordance with Delegations of Authority cannot reduce the LLRF to less than ten percent of the Portfolio.
( e ) *What must an intermediary demonstrate to get a reduction in Loan Loss Reserve Fund?* To receive a reduction in its LLRF, an Intermediary must: ( 1 ) Have satisfactory SBA performance, as determined by SBA in its discretion. The Intermediary's Risk Rating, among other factors, will be considered in determining satisfactory SBA performance. Other factors may include, but are not limited to, review/examination assessments, historical performance measures (like default rate, purchase rate and loss rate), loan volume to the extent that it impacts performance measures, and other performance related measurements and information (such as contribution toward SBA mission); and
( 2 ) No other factors exist that may impair the Intermediary's ability to repay all obligations which it owes to the SBA under the Microloan program.
[61 FR 3235, Jan. 31, 1996, as amended at 65 FR 17439, Apr. 3, 2000; 73 FR 75517, Dec. 11, 2008; 80 FR 34046, June 15, 2015; 82 FR 39504, Aug. 21, 2017]
UNITED STATES AIR FORCE

COURT OF CRIMINAL APPEALS

UNITED STATES ) No. ACM S32656

Appellee )

)

v. )

) ORDER

Kwabena PREMPEH )

Airman First Class (E-3) )

U.S. Air Force )

Appellant ) Panel 2

On 21 February 2022, Appellant submitted a Motion to Withdraw from Appellate Review and Motion to Attach. Specifically, Appellant moved to attach

DD Form 2330, Waiver/Withdrawal of Appellate Rights in General and Special 

Courts-Martial Subject to Review by a Court of Criminal Appeals, signed by

Appellant and Appellant’s counsel on 19 and 21 February 2022, respectively. 

On 22 February 2022, the Government submitted its response not opposing 

Appellant’s motion.

Additionally, on 21 February 2022, Appellant submitted a Motion for Enlargement of Time to File Answer to Specified Issues. Appellant explained it 

filed this motion “in an abundance of caution to ensure this Court has time to 

rule on the motion to withdraw before the briefs are due.”

Accordingly, it is by the court on this 23d day of February, 2022,

ORDERED:

Appellant’s Motion to Withdraw from Appellate Review and Motion to Attach are GRANTED. Therefore, Appellant’s Motion for Enlargement of Time 

to File Answer to Specified Issues is DENIED as MOOT. Appellant’s case is 

forwarded to the Appellate Records Branch, AFLOA/JAJM, for further processing in accordance with Rules for Courts-Martial 1115(f)(3) and 1201, Manual for Courts-Martial, United States (2019 ed.).

FOR THE COURT

CAROL K. JOYCE

Clerk of the Court
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-81002-CIV-SMITH

NELSON FERNANDEZ,

Plaintiff,

vs.

J. ALEXANDER’S RESTAURANTS, LLC, 

Defendant.

___________________________________/

ORDER OF FINAL DISMISSAL

This matter is before the Court on the parties’Joint Stipulation for Dismissal with Prejudice

[DE 13]. Upon consideration, it is

ORDERED that:

1. This action is DISMISSED with prejudice.

2. All pending motions not otherwise ruled upon are DENIED as moot.

3. Each party shall bear its own fees and costs.

4. This case is CLOSED.

DONE AND ORDERED in Fort Lauderdale, Florida, this 29th day of September, 2020.

cc: All counsel of record

Case 9:20-cv-81002-RS Document 14 Entered on FLSD Docket 09/29/2020 Page 1 of 1
[Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State 

v. Dunson, Slip Opinion No. 2018-Ohio-5213.] 

NOTICE 

This slip opinion is subject to formal revision before it is published in an 

advance sheet of the Ohio Official Reports. Readers are requested to 

promptly notify the Reporter of Decisions, Supreme Court of Ohio, 65 

South Front Street, Columbus, Ohio 43215, of any typographical or other 

formal errors in the opinion, in order that corrections may be made before 

the opinion is published. 

THE STATE OF OHIO, APPELLANT, v. DUNSON, APPELLEE.

[Until this opinion appears in the Ohio Official Reports advance sheets, it 

may be cited as State v. Dunson, Slip Opinion No. 2018-Ohio-5213.] 

Court of appeals’ judgment reversed on authority of State v. Braden.

(No. 2017-0186―Submitted April 26, 2018―Decided December 27, 2018.) 

APPEAL from the Court of Appeals for Montgomery County, 

No. 26990, 2016-Ohio-8365. 

_________________ 

{¶ 1} The judgment of the court of appeals is reversed on the authority of 

State v. Braden, ___ Ohio St.3d ___, 2018-Ohio-5079, ___ N.E.3d ___. 

O’DONNELL, KENNEDY, FISCHER, DEWINE, and DEGENARO, JJ., concur. 

O’CONNOR, C.J., and FRENCH, J., dissent for the reasons stated in the 

dissenting opinion of FRENCH, J., in State v. Braden, ___ Ohio St.3d ___, 2018-

Ohio-5079, ___ N.E.3d ___, and would address the accepted proposition of law. 

_________________ 
SUPREME COURT OF OHIO

2

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and 

Meagan D. Woodall and Heather N. Jans, Assistant Prosecuting Attorneys, for 

appellant. 

Timothy Young, Ohio Public Defender, and Patrick T. Clark, Assistant 

Public Defender, for appellee. 

Elizabeth Bonham, Caitlin Hill, Freda J. Levenson, and R. Orion Danjuma, 

urging affirmance for amici curiae American Civil Liberties Union of Ohio, 

American Civil Liberties Union Foundation, Southern Poverty Law Center, and 

Lawyers’ Committee for Civil Rights Under Law. 

_________________
#### Phillip Wissbach, as Administrator, etc., Appellant, v. The Terry & Tench Company, Inc., Respondent.

Motion denied. Present — Jenks, P. J., Thomas, Stapleton, Rich and Putnam, JJ.
### §1395. Fine, penalty or forfeiture

(a) A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture may be prosecuted in the district where it accrues or the defendant is found.

(b) A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found.

(c) A civil proceeding for the forfeiture of property seized outside any judicial district may be prosecuted in any district into which the property is brought.

(d) A proceeding in admiralty for the enforcement of fines, penalties and forfeitures against a vessel may be brought in any district in which the vessel is arrested.

(e) Any proceeding for the forfeiture of a vessel or cargo entering a port of entry closed by the President in pursuance of law, or of goods and chattels coming from a State or section declared by proclamation of the President to be in insurrection, or of any vessel or vehicle conveying persons or property to or from such State or section or belonging in whole or in part to a resident thereof, may be prosecuted in any district into which the property is taken and in which the proceeding is instituted.

(June 25, 1948, ch. 646, 62 Stat. 936.)

#### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§104, 106, 107, and 108, and section 3745(c) of title 26, U.S.C., 1940 ed., Internal Revenue Code (Mar. 3, 1911, ch. 231, §§43, 45, 46, 47, 36 Stat. 1100; Feb. 10, 1939, ch. 2, §3745(c), 53 Stat. 460).

This section consolidates section 3745(c) of title 26, U.S.C., 1940 ed., with sections 104, 106, 107, and 108 of title 28, U.S.C., 1940 ed., relating to venue in civil proceedings to recover and enforce civil fines, penalties, and forfeitures, pecuniary or otherwise. Subsection (a) is based on said section 104 of title 28 and said section 3745(c) of title 26. Subsections (b) and (c) consolidate such sections 106 and 107 of title 28. Subsection (e) is based on such section 108 of title 28.

Subsection (b) substituted words "may be prosecuted in any district where such property is found" for "shall be prosecuted in the district where the seizure is made," to include not only property seized, but also all other property subject to forfeiture.

Words "civil" and "fine" were inserted to make this section applicable to the many provisions of the United States Code for fines essentially civil. (See reviser's note under section 1355 of this title.)

Provisions of section 3745(c) of title 26, U.S.C., 1940 ed., that such suit may be brought "before any other court of competent jurisdiction" were omitted as misleading surplusage, since United States district courts, under section 1355 of this title, have exclusive jurisdiction.

Subsection (d) was added for completeness and clarity.

Changes were made in phraseology.

#### Senate Revision Amendment

While section 3745(c) of Title 26, U.S.C., Internal Revenue Code, is one of the sources of this section, it was eliminated from the schedule of repeals by Senate amendment. Therefore, such section 3745(c) remains in Title 26. See 80th Congress Senate Report No. 1559.
### PART I—GAS GUZZLERS

Sec.
[4061 to 4063. Repealed.]
4064.
Gas guzzler tax.

#### **Editorial Notes**

#### Amendments

**1986**—Pub. L. 99–514, title XVIII, §1875(f), Oct. 22, 1986, 100 Stat. 2897, substituted "guzzler" for "guzzlers" in item 4064.

**1984**—Pub. L. 98–369, div. A, title VII, §735(a)(2), July 18, 1984, 98 Stat. 980, substituted "GAS GUZZLERS" for "MOTOR VEHICLES" in part I heading, struck out items 4061 "Imposition of tax", 4062 "Articles classified as parts", and 4063 "Exemptions", and substituted "guzzlers" for "guzzler" in item 4064.

**1978**—Pub. L. 95–618, title II, §201(f), Nov. 9, 1978, 92 Stat. 3184, added item 4064.

**1971**—Pub. L. 92–178, title IV, §401(g)(2)(D), Dec. 10, 1971, 85 Stat. 533, substituted "Articles classified as parts" for "Definitions" in item 4062.