alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 73.3 Denial of flood insurance coverage. ( a ) No new flood insurance shall be provided for any property which the Federal Insurance Administrator finds has been declared by a duly constituted State or local zoning authority or other authorized public body, to be in violation of State or local laws, regulations or ordinances which are intended to discourage or otherwise restrict land development or occupancy in flood-prone areas.
( b ) New and renewal flood insurance shall be denied to a structure upon a finding by the Federal Insurance Administrator of a valid declaration of a violation.
( c ) States and communities shall determine whether to submit a declaration to the Federal Insurance Administrator for the denial of insurance.
( d ) A valid declaration shall consist of: ( 1 ) The name(s) of the property owner(s) and address or legal description of the property sufficient to confirm its identity and location;
( 2 ) A clear and unequivocal declaration that the property is in violation of a cited State or local law, regulation or ordinance;
( 3 ) A clear statement that the public body making the declaration has authority to do so and a citation to that authority;
( 4 ) Evidence that the property owner has been provided notice of the violation and the prospective denial of insurance; and
( 5 ) A clear statement that the declaration is being submitted pursuant to section 1316 of the National Flood Insurance Act of 1968, as amended.
Exhibit
32.2




Ener1,
Inc.


1540
Broadway, Suite 25C


New York,
New York 10036




January
19, 2010





Securities
and Exchange Commission


100 F
Street, NE


Washington,
DC 20549





Re:
Certification of Principal Financial Officer Pursuant To 18 U.S.C. Sec.
1350





Dear
Ladies and Gentlemen:





In
connection with the accompanying Quarterly Report on Form 10-Q/A Amendment
No .1 of Ener1, Inc., for the quarter ended March 31, 2009 as filed
with the Securities and Exchange Commission, I, Gerard A. Herlihy, Chief
Financial Officer of Ener1, Inc., hereby certify pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:





1)
            such
      Quarterly Report on Form 10-Q/A Amendment No . 1 of Ener1,
      Inc., for the quarter ended March 31, 2009 fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934 (15 U.S.C. 78m or 78o(d)); and





2)
            the
      information contained in such Quarterly Report on Form 10-Q/A Amendment
      No . 1 of Ener1, Inc., for the quarter ended March 31, 2009,
      fairly presents, in all material respects, the financial condition and
      results of operations of Ener1,
Inc.





/s/
      Gerard A. HerlihyGerard
      A. Herlihy
                    Chief
      Financial Officer
                    (Duly
      Authorized Principal Financial and Principal
                    Accounting
      Officer and Duly Authorized
Officer)





A signed
original of this written statement required by Section 906, or other
document authenticating, acknowledging or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Ener1, Inc. and will be
retained by Ener1, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.





This
certification is being “furnished” as Exhibit 32.2 to Ener1, Inc.’s
quarterly report and shall not be deemed “filed” for purposes of Section 18
of the Securities Exchange Act of 1934 (the “Exchange Act”) or otherwise subject
to the liabilities of that section, nor shall it be deemed incorporated by
reference in any filing under the Securities Act of 1933 or the Exchange Act,
except as expressly set forth by specific reference in such a
filing.
### §557b. Office of disability employment policy

Beginning in fiscal year 2001, there is established in the Department of Labor an office of disability employment policy which shall, under the overall direction of the Secretary, provide leadership, develop policy and initiatives, and award grants furthering the objective of eliminating barriers to the training and employment of people with disabilities. Such office shall be headed by an Assistant Secretary.

(Pub. L. 106–554, §1(a)(1) [title I], Dec. 21, 2000, 114 Stat. 2763, 2763A–10.)
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 97-068

FOR IMMEDIATE RELEASE

(Friday, May 2, 1997)

NRC STAFF TO MEET WITH PUBLIC TO DISCUSS

FORMER DEFENSE LOGISTICS PROPERTY IN MARYLAND

The Nuclear Regulatory Commission staff will meet with the

public on

May 14 to discuss expected final actions by NRC and the Maryland

Department of the Environment in decommissioning the former

Defense Logistics Agency property in Curtis Bay, Maryland.

The meeting, which begins at 7 p.m., will be held in the

auditorium of the Glen Burnie High School in Glen Burnie,

Maryland.

Beginning in the late 1950's, the General Services

Administration stored thorium nitrate in fiber and steel drums at

the Curtis Bay Depot, under license first from the Atomic Energy

Commission and later from the NRC, as part of the National

Defense Stockpile. In 1988 National Defense Stockpile

responsibility was transferred to the Defense Logistics Agency.

The property is now owned by Anne Arundel County.

Surveys by the Oak Ridge Institute for Science and Education

in 1992 indicated that the former warehouses and soil contained

residual amounts of thorium, a radioactive material, in excess of

NRC's limits for unrestricted use of the property. Defense

Logistics began cleaning up the site in mid-1994, completing the

work the following year. Radiation surveys by Defense Logistics-

-as well as confirmatory surveys by NRC, the Maryland Department

of the Environment and Oak Ridge Institute for Science and

Education--show that remediation work was successful.

###
#### Jeffrey BURROUGHS, Petitioner-Appellee, v. John MAKOWSKI, Respondents-Appellant.

No. 00-1471.

United States Court of Appeals, Sixth Circuit.

May 16, 2002.

Before KEITH, SILER, and CLAY, Circuit Judges.

PER CURIAM.

The petitioner has filed a petition for rehearing. Upon good cause shown, the motion is granted.

The prior decision of this court, filed on February 28, 2002, is modified to the extent that the final paragraph of that opinion shall reflect that the remedy is to reverse and remand to the district court in order to determine whether the petitioner can show “cause and prejudice” under *Wainwright v. Sykes,*433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977), for the procedural default. In all other respects, the prior decision is adopted in full. If the district court finds that the petitioner has not shown cause and prejudice, then no writ should issue. However, if the court finds that the petitioner has shown cause and prejudice, then it should then determine whether a writ should issue.

REVERSED AND REMANDED.
#### § 66.2 Definitions.

The definitions set forth in part 59 of this subchapter are applicable to this part.

[41 FR 46988, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979]
U.S. NUCLEAR REGULATORY COMMISSION

Region III Office of Public Affairs

801 Warrenville Road, Lisle, IL 60532-4351

NEWS ANNOUNCEMENT: RIII-97-21 February 28, 1997

CONTACT: Jan Strasma 630/829-9663

Angela Dauginas 630/829-9662

NRC STAFF PROPOSES $100,000 FINE AGAINST COMMONWEALTH EDISON COMPANY

FOR VIOLATIONS OF NRC REQUIREMENTS AT BYRON PLANT

The Nuclear Regulatory Commission staff has proposed a $100,000 fine

against Commonwealth Edison Company for engineering and maintenance violations

at the Byron Nuclear Power Station. The facility is near Byron, Illinois.

The utility was cited for failing to appropriately use design

information to test and operate a cooling water system for safety-related

equipment and for failing for three years to correct maintenance problems

regarding that system.

Since 1993, silt accumulation problems and degraded trash racks in the

basins beneath the plant's mechanical draft cooling towers had been routinely

identified by plant staff and had been the subject of maintenance work orders.

However, no maintenance work was done and no corrective action was taken by

the utility when silt accumulations in the basins exceeded the plant's license

limits.

Excessive silt levels in the basins could prevent proper operation of a

system used to cool safety equipment which may be used during certain

emergency conditions. Trash racks prevent debris from being sucked into the

system.

NRC Regional Administrator A. Bill Beach said, in notifying Commonwealth

Edison of the fine: "Exacerbating our concern regarding these issues was that

NRC intervention was necessary to identify the scope and magnitude of the

problems and that Byron staff was ineffective for an extended period of time

at evaluating identified deficiencies."

The utility has until March 29 to pay the fine or to protest it. If the

fine is protested and subsequently imposed by the NRC staff, the utility may

request a hearing.

###
#### § 107.665 Civil penalties.

Except as provided in § 107.670, a Licensee that violates any regulation or written directive issued by SBA, requiring the filing of any regular or special report pursuant to this part, shall be fined a civil penalty of not more than $324 for each day the Licensee fails to file such report. The civil penalties provided for in this section shall accrue to the United States and may be recovered in a civil action brought by the SBA.

[81 FR 31491, May 19, 2016, as amended at 82 FR 9969, Feb. 9, 2017; 83 FR 7363, Feb. 21, 2018; 84 FR 12061, Apr. 1, 2019; 85 FR 13727, Mar. 10, 2020; 86 FR 52957, Sept. 24, 2021; 87 FR 28758, May 11, 2022; 88 FR 50004, Aug. 1, 2023; 89 FR 48134, June 5, 2024]
# --.1 MARINE ST,

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# aF LOS ANGELES CITY OF SANTA MONICA
### §1045. Rollover of gain from qualified small business stock to another qualified small business stock

#### (a) Nonrecognition of gain

In the case of any sale of qualified small business stock held by a taxpayer other than a corporation for more than 6 months and with respect to which such taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds—

(1) the cost of any qualified small business stock purchased by the taxpayer during the 60-day period beginning on the date of such sale, reduced by

(2) any portion of such cost previously taken into account under this section.

This section shall not apply to any gain which is treated as ordinary income for purposes of this title.

#### (b) Definitions and special rules

For purposes of this section—

#### (1) Qualified small business stock

The term "qualified small business stock" has the meaning given such term by section 1202(c).

#### (2) Purchase

A taxpayer shall be treated as having purchased any property if, but for paragraph (3), the unadjusted basis of such property in the hands of the taxpayer would be its cost (within the meaning of section 1012).

#### (3) Basis adjustments

If gain from any sale is not recognized by reason of subsection (a), such gain shall be applied to reduce (in the order acquired) the basis for determining gain or loss of any qualified small business stock which is purchased by the taxpayer during the 60-day period described in subsection (a).

#### (4) Holding period

For purposes of determining whether the nonrecognition of gain under subsection (a) applies to stock which is sold—

(A) the taxpayer's holding period for such stock and the stock referred to in subsection (a)(1) shall be determined without regard to section 1223, and

(B) only the first 6 months of the taxpayer's holding period for the stock referred to in subsection (a)(1) shall be taken into account for purposes of applying section 1202(c)(2).

#### (5) Certain rules to apply

Rules similar to the rules of subsections (f), (g), (h), (i), (j), and (k) of section 1202 shall apply.

(Added Pub. L. 105–34, title III, §313(a), Aug. 5, 1997, 111 Stat. 841; amended Pub. L. 105–206, title VI, §6005(f), July 22, 1998, 112 Stat. 806.)

#### **Editorial Notes**

#### Amendments

1998—Subsec. (a). Pub. L. 105–206, §6005(f)(1), in introductory provisions, substituted "a taxpayer other than a corporation" for "an individual" and "such taxpayer" for "such individual".

Subsec. (b)(5). Pub. L. 105–206, §6005(f)(2), added par. (5).

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

#### Effective Date of 1998 Amendment

Amendment by Pub. L. 105–206 effective, except as otherwise provided, as if included in the provisions of the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which such amendment relates, see section 6024 of Pub. L. 105–206, set out as a note under section 1 of this title.

#### Effective Date

Section applicable to sales after Aug. 5, 1997, see section 313(c) of Pub. L. 105–34, set out as an Effective Date of 1997 Amendment note under section 1016 of this title.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CIV-61541-RAR

TIMOTHY E. TAFFE,

Movant,

v.

UNITED STATES OF AMERICA,

Respondent.

__________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

THIS CAUSE comes before the Court on Movant Timothy Taffe’s Motion to Vacate 

pursuant to 28 U.S.C. § 2255, filed on July 29, 2020, wherein he attacks the constitutionality of 

his conviction or sentence following a guilty plea [ECF No. 1] (“Motion”). The matter was 

referred to the Honorable Lisette M. Reid, United States Magistrate Judge, for a Report and 

Recommendation (“Report”) [ECF Nos. 2, 3]. The Court has carefully reviewed the Magistrate 

Judge’s Report [ECF No. 3] as well as the entire record. As of the date of this Order, no party has 

filed an objection to the Report, and the time to do so pursuant to 28 U.S.C. § 636(b)(1)(C) and 

Local Magistrate Rule 4(b) has elapsed. Accordingly, the Petition is ripe for disposition.

As Magistrate Judge Reid forewarned in her Report, see Report at 7, Movant’s failure to 

file objections to the Report under the 14-day time period delineated by 28 U.S.C. § 636(b)(1)(C)

bars a de novo determination by the Court of anything in the Report—and likewise bars an attack, 

on appeal, of the factual findings made by Magistrate Judge Reid. See 28 U.S.C. § 636(b)(1)(C); 

Thomas v. Arn, 474 U.S. 140, 149 (1985). When no party has timely objected, “the court need 

Case 0:20-cv-61541-RAR Document 4 Entered on FLSD Docket 11/05/2020 Page 1 of 2
Page 2 of 2

only satisfy itself that there is no clear error on the face of the record in order to accept the 

recommendation.” FED. R. CIV. P. 72 (b)(3) advisory committee’s notes (citation omitted).

Because Movant has not filed an objection to the Report, the Court did not conduct a de 

novo review of Magistrate Judge Reid’s findings. Rather, the Court reviewed the Report for clear 

error. Having reviewed the Report for clear error, the Court agrees with Magistrate Judge Reid’s 

analysis and findings. Thus, having found no clear error within the Report, it is

ORDERED AND ADJUDGED that the Report [ECF No. 3] is ACCEPTED AND 

ADOPTED. Movant Timothy E. Taffe’s Motion [ECF No. 1] is DENIED. A certificate of 

appealability shall not issue. The Clerk of the Court is directed to CLOSE this case and all pending 

motions are DENIED as moot.

DONE AND ORDERED in Fort Lauderdale, Florida, this 5th day of November, 2020.

RODOLFO A. RUIZ II

UNITED STATES DISTRICT JUDGE

Case 0:20-cv-61541-RAR Document 4 Entered on FLSD Docket 11/05/2020 Page 2 of 2
#### Gerard Kaufman, Respondent, v. George F. Gantz, Appellant.

Order reversed, with ten dollars costs and disbursements, and motion granted to the extent of requiring plaintiff to serve an amended complaint wherein *919he shall set forth what city ordinances it is claimed the defendant has violated or disregarded. Ho opinion. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
### subpart 3—centers for independent living
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19401

Phone: 610/337-5330 Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-99-99

December 9, 1999

NRC TO DISCUSS PERFORMANCE

AT BEAVER VALLEY NUCLEAR POWER PLANT

Nuclear Regulatory Commission staff will meet with representatives of the Beaver

Valley nuclear power plant on Wednesday, December 15, to discuss the results of the agency's

latest Plant Performance Review for the facility. The plant, which is located in Shippingport,

Pa., is now operated by First Energy Nuclear Operating Company.

Issuance of the reviews was announced in NRC news release I-99-87 on October 13. The

Plant Performance Review letter can be found on the agency's web site at:

http://www.nrc.gov/OPA/ppr/334ppr2.htm.

The meeting, which will be open to the public for observation, will be held at 1:00 p.m.,

in the Emergency Response Facility, Conference Room A, at the Beaver Valley Power Station in

Shippingport. At its conclusion, NRC staff will be available to answer questions from interested

observers and to meet with state and local officials.

#
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.41 Instruments; exceptions. ( a ) Locomotives and other railroad equipment, trucks, buses, taxicabs, and other vehicles used in international traffic shall be subject to the treatment provided for in part 123 of this chapter.
( b ) [Reserved]
( c ) Foreign-owned aircraft arriving in the United States shall be subject to the treatment provided for in part 122 of this chapter, unless entered under the provisions of §§ 10.31, 10.183, or paragraph (d) of this section.
( d ) Any foreign-owned locomotive or other railroad equipment, truck, bus, taxicab, or other vehicle, aircraft, or undocumented boat brought into the United States for the purpose of carrying merchandise or passengers between points in the United States for hire or as an element of a commercial transaction, except as provided at §§ 123.12 (a) and (b), 123.14(c), and 141.4(b)(4), is subject to treatment as an importation of merchandise from a foreign country and a regular entry for such vehicle, aircraft or boat will be made. The use of any such vehicle, aircraft, or boat without a proper entry having been made may result in liabilities being incurred under section 592, Tariff Act of 1930, as amended (19 U.S.C. 1592).
( e ) [Reserved]
( f ) Material for the maintenance or repair of international cables under the high seas, if requiring storage in special tanks for preservation, may be placed in tanks specially bonded for the purpose and withdrawn therefrom for high-seas installation without the payment of duty and without limitation of the storage period to the usual 3-year warehousing period. International cables laid under the territorial waters of the United States but not brought on shore in the United States shall be admitted without entry or the payment of duty. With respect to international cables laid under the territorial waters of the United States but brought on shore in the United States, only that part of the cable in the United States between the point of entry into the territorial waters of the United States and the first point of support on land in the United States shall be admitted without the payment of duty.
[28 FR 14663, Dec. 31, 1963, as amended by T.D. 70-121, 35 FR 8222, May 26, 1970; T.D. 79-160, 44 FR 31956, June 4, 1979; T.D. 84-109, 49 FR 19450, May 8, 1984; T.D. 88-12, 53 FR 9315, Mar. 22, 1988; T.D. 93-66, 58 FR 44130, Aug. 19, 1993; T.D. 99-79, 64 FR 61205, Nov. 10, 1999]
### §707. Nonduplication

In determining the amount of any State's Federal share of expenditures for planning, administration, and services incurred by it under a State plan approved in accordance with section 721 of this title, there shall be disregarded—

(1) any portion of such expenditures which are financed by Federal funds provided under any other provision of law; and

(2) the amount of any non-Federal funds required to be expended as a condition of receipt of such Federal funds.

No payment may be made from funds provided under one provision of this chapter relating to any cost with respect to which any payment is made under any other provision of this chapter, except that this section shall not be construed to limit or reduce fees for services rendered by community rehabilitation programs.

(Pub. L. 93–112, §10, formerly §8, as added Pub. L. 105–220, title IV, §403, Aug. 7, 1998, 112 Stat. 1110; renumbered §10 and amended Pub. L. 105–277, div. A, §101(f) [title VIII, §402(a)(1), (c)(2)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–412, 2681–415.)

#### **Editorial Notes**

#### Prior Provisions

Provisions similar to this section were contained in section 709 of this title prior to repeal by Pub. L. 105–220.

A prior section 707, Pub. L. 93–112, §8, Sept. 26, 1973, 87 Stat. 362; Pub. L. 94–273, §10, Apr. 21, 1976, 90 Stat. 378; Pub. L. 102–569, title I, §103, Oct. 29, 1992, 106 Stat. 4361, related to allotment percentage, prior to repeal by Pub. L. 105–220, title IV, §403, Aug. 7, 1998, 112 Stat. 1093. See section 706 of this title.

A prior section 10 of Pub. L. 93–112 was renumbered section 12 and is classified to section 709 of this title.

Another prior section 10 of Pub. L. 93–112 was classified to section 709 of this title prior to repeal by Pub. L. 105–220.

#### Amendments

1998—Pub. L. 105–277, §101(f) [title VIII, §402(c)(2)], substituted a dash for a colon after "disregarded" and amended text to set out cls. (1) and (2) as indented pars. and last sentence as flush provision.