alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §963. Technical Study Panel

#### (a) Establishment

There is established a Technical Study Panel (referred to in this section as the "Panel") which shall provide independent scientific and engineering review and recommendations with respect to the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining.

#### (b) Membership

The Panel shall be composed of—

(1) two individuals to be appointed by the Secretary of Health and Human Services, in consultation with the Director of the National Institute for Occupational Safety and Health and the Associate Director of the Office of Mine Safety;

(2) two individuals to be appointed by the Secretary of Labor, in consultation with the Assistant Secretary for Mine Safety and Health; and

(3) two individuals, one to be appointed jointly by the majority leaders of the Senate and House of Representatives and one to be appointed jointly by the minority leader of the Senate and House of Representatives, each to be appointed prior to the sine die adjournment of the second session of the 109th Congress.

#### (c) Qualifications

Four of the six individuals appointed to the Panel under subsection (b) shall possess a masters or doctoral level degree in mining engineering or another scientific field demonstrably related to the subject of the report. No individual appointed to the Panel shall be an employee of any coal or other mine, or of any labor organization, or of any State or Federal agency primarily responsible for regulating the mining industry.

#### (d) Report

#### (1) In general

Not later than 1 year after the date on which all members of the Panel are appointed under subsection (b), the Panel shall prepare and submit to the Secretary of Labor, the Secretary of Health and Human Services, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a report concerning the utilization of belt air and the composition and fire retardant properties of belt materials in underground coal mining.

#### (2) Response by Secretary

Not later than 180 days after the receipt of the report under paragraph (1), the Secretary of Labor shall provide a response to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives containing a description of the actions, if any, that the Secretary intends to take based upon the report, including proposing regulatory changes, and the reasons for such actions.

#### (e) Compensation

Members appointed to the Panel, while carrying out the duties of the Panel shall be entitled to receive compensation, per diem in lieu of subsistence, and travel expenses in the same manner and under the same conditions as that prescribed under section 210(c) of title 42.

(Pub. L. 91–173, title V, §514, as added Pub. L. 109–236, §11, June 15, 2006, 120 Stat. 501.)
### §6716. Civil action by a person adversely affected

(a) Authority for Private Suits in Federal or State Court.—If a unit of general local government, or an officer or employee of a unit of general local government acting in an official capacity, engages in a practice prohibited by this chapter, a person adversely affected by the practice may bring a civil action in an appropriate district court of the United States or a State court of general jurisdiction. Before bringing an action under this section, the person must exhaust administrative remedies under subsection (b).

(b) Administrative Remedies Required To Be Exhausted.—A person adversely affected shall file an administrative complaint with the Secretary or the head of another agency of the United States Government or the State agency with which the Secretary has an agreement under section 6711(d). Administrative remedies are deemed to be exhausted by the person after the 90th day after the complaint was filed if the Secretary, the head of the Government agency, or the State agency—

(1) issues a decision that the government has not failed to comply with this chapter; or

(2) does not issue a decision on the complaint.

(c) Authority of Court.—In an action under this section, the court—

(1) may grant—

(A) a temporary restraining order;

(B) an injunction; or

(C) another order, including suspension, termination, or repayment of, payments under this chapter or placement of additional payments under this chapter in escrow pending the outcome of the action; and

(2) to enforce compliance with section 6711(a) or (b), may allow a prevailing party (except the United States Government) a reasonable attorney's fee.

(d) Intervention by Attorney General.—In an action under this section to enforce compliance with section 6711(a) or (b), the Attorney General may intervene in the action if the Attorney General certifies that the action is of general public importance. The United States Government is entitled to the same relief as if the Government had brought the action and is liable for the same fees and costs as a private person.

(Added Pub. L. 103–322, title III, §31001(a), Sept. 13, 1994, 108 Stat. 1878.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6716, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1024; Pub. L. 98–185, §9(f), (g), Nov. 30, 1983, 97 Stat. 1312; Pub. L. 98–216, §1(8), Feb. 14, 1984, 98 Stat. 4, related to prohibition of discrimination, prior to repeal by Pub. L. 99–272, title XIV, §14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
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. 96-102 FOR IMMEDIATE RELEASE

(Monday, July 15, 1996)

NRC ISSUES FIRST IMPORT LICENSE UNDER NEW REGULATIONS TO SIEMENS

POWER COMPANY

The NRC has issued the first import license under new

regulations which require specific authorization for export or

import of nuclear materials to be used for waste treatment,

storage, or disposal.

The license authorizes Siemens Power Corporation to import

1200 kilograms (more than 2600 pounds) of combustible fuel

fabrication waste material from Germany over a 10-year period.

The waste, in the form of low enriched uranium oxide powder, will

be incinerated at Siemens' facility in Richland, Washington. The

resulting ash residue will be sold to COGEMA, Inc. in France for

uranium recovery, then recycled for fuel fabrication.

NRC regulations under which Siemens received this import

license were adopted last year. Before then, any entity

authorized to possess nuclear material in the United States had

general NRC authority to export and import radioactive waste,

along with other radioactive material.

The new regulations are consistent with the International

Atomic Energy Agency's International Code of Practice on

Transboundary Movement of Radioactive Waste.

A Federal Register notice on the license application was

published on May 5 and no comments were received. NRC has also

consulted with the State of Washington, which has no objection to

the license being granted.

#
§ 308.102 Eligibility and status. ( a ) *Minimum Age.* The selection of students to participate under the program should be in conformance with either Federal, State, or local laws and standards governing the employment of minors.
( b ) *Status.* A student participating under an agency volunteer program is not considered to be a Federal employee for any purposes other than injury compensation or laws related to the Tort Claims Act. Service is not creditable for leave accrual or any other employee benefits.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 2443 Warrenville Road

 Lisle IL 60532

 Web Site: http://www.nrc.gov E-mail: opa3@nrc.gov

No. III-05-022 May 5, 2005

CONTACT: Jan Strasma (630) 829-9663 

Viktoria Mitlyng (630) 829-9662 

NRC TO DISCUSS 2004 PERFORMANCE ASSESSMENT

FOR DUANE ARNOLD NUCLEAR POWER PLANT

The Nuclear Regulatory Commission staff will meet with representatives of Nuclear

Management Company on Monday, May 9, to discuss the agency’s assessment of safety performance

last year at the Duane Arnold Nuclear Power Plant. The plant is located near Palo, IA.

The meeting, which will be open to public observation, is scheduled to begin at

2 p.m. at the Palo Community Center, 1006 1st Street, Palo.

Before the meeting is adjourned, NRC staff will be available to answer questions from the

public on the safety performance of the Duane Arnold plant, as well as the role of the NRC in ensuring

safe plant operation.

“The NRC continually reviews the performance of the Duane Arnold plant and the nation’s

other commercial nuclear power facilities,” NRC Region III Administrator James Caldwell said. “This

meeting will provide an opportunity for a discussion of our annual assessment of safety performance

with the company and with local officials and residents who live near the plant. Our goal is to explain

the NRC oversight process and make as much information as possible available to the public regarding

our regulation of these facilities.”

The NRC’s assessment concluded that the Duane Arnold plant operated safely during the

period. The NRC uses color-coded inspection findings and performance indicators to assess nuclear

plant performance. The colors start with “green” and then increase to “white,” “yellow” or “red,”

commensurate with the safety significance of the issues involved. 

All of the inspection findings and performance indicators for Duane Arnold during 2004 were

determined to be “green.” As a result of this performance, the NRC will conduct the normal, baseline

level of inspections during the upcoming year.

Routine inspections are performed by two NRC Resident Inspectors assigned to the plant and

by inspection specialists from the Region III Office in Lisle, Ill., and the agency’s headquarters in

Rockville, Md. Among the areas of plant operations to be inspected this year by NRC specialists are

modifications, fire protection, gaseous and liquid effluents and access control.
A letter sent from the NRC Region III Office to plant officials addresses the performance of the

plant during the period and will serve as the basis for the meeting discussion. It is available on the

NRC web site at: http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/duan_2004q4.pdf.

Current performance information for Duane Arnold is available on the NRC’s web site at: 

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/DUAN/duan_chart.html.

 # # #
#### § 2636.104 Civil, disciplinary, and other action.

(a) *Civil action.* Except when the employee engages in conduct in good faith reliance upon an advisory opinion issued under § 2636.103, an employee who engages in any conduct in violation of the prohibitions, limitations, and restrictions contained in this part may be subject to civil action under 5 U.S.C. 13145(a), and a civil monetary penalty of not more than the amounts set in Table 1 to this this paragraph (a), as adjusted in accordance with the inflation adjustment procedures prescribed in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, or the amount of the compensation the individual received for the prohibited conduct, whichever is greater.

| Date of violation | Penalty |
| --- | --- |
| Violation occurring between Sept. 29, 1999 and Nov. 2, 2015 | $11,000 |
| Violation occurring after Nov. 2, 2015 | 24,496 |

Table 1 to § 2636.104(a)

(b) *Disciplinary and corrective action.* An agency may initiate disciplinary or corrective action against an employee who violates any provision of this part, which may be in addition to any civil penalty prescribed by law. When an employee engages in conduct in good faith reliance upon an advisory opinion issued under § 2636.103 of this subpart, an agency may not initiate disciplinary or corrective action for violation of this part. Disciplinary action includes reprimand, suspension, demotion and removal. Corrective action includes any action necessary to remedy a past violation or prevent a continuing violation of this part, including but not limited to restitution or termination of an activity. It is the responsibility of the employing agency to initiate disciplinary or corrective action in appropriate cases. However, the Director of the Office of Government Ethics may order corrective action or recommend disciplinary action under the procedures at part 2638 of this subchapter. The imposition of disciplinary action is at the discretion of the employing agency.

[56 FR 1723, Jan. 17, 1991, as amended at 63 FR 43068, Aug. 12, 1998; 64 FR 47097, Aug. 30, 1999; 81 FR 41790, June 28, 2016; 82 FR 8133, Jan. 24, 2017; 83 FR 2331, Jan. 17, 2018; 84 FR 6055, Feb. 26, 2019; 85 FR 2281, Jan. 15, 2020; 86 FR 7637, Feb. 1, 2021; 87 FR 2525, Jan. 18, 2022; 88 FR 1141, Jan. 9, 2023; 89 FR 1441, Jan. 10, 2024]
#### § 1601.31 Applicability.

This subpart applies to investment elections made under subpart B of this part, fund reallocations and fund transfers made under subpart C of this part, and fund transfers made under subpart F of this part.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsAnalysis of inviscid and viscous flows in cascades with an explicit multiple-grid algorithmA rapid technique is used for calculating inviscid and viscous flows in turbomachinery cascades. The Euler and thin-layer Navier-Stokes equations are solved using the original explicit MacCormack algorithm. The Baldwin-Lomax eddy viscosity model is used for turbulent flows. Convergence to a steady state is accelerated by use of a variable time-step and a multiple-grid scheme. Computer time is reduced through vectorization. Details of the numerical method are presented along with computed results for two low-speed wind tunnel turning vanes, a space shuttle fuel pump turbine rotor, and a supersonic inflow compressor rotor. The method can predict subtle viscous flow phenomena in cascades and is fast enough to be used as a design tool.Document ID19840014459Acquisition SourceLegacy CDMSDocument TypeConference PaperAuthorsChima, R. V.*(NASA Lewis Research Center Cleveland, OH, United States)*Date AcquiredSeptember 4, 2013Publication DateJanuary 1, 1984Subject CategoryAeronautics (General)Report/Patent NumberE-2078NAS 1.15:83636NASA-TM-83636Meeting InformationMeeting: Fluid Dyn., Plasma Dyn., and Lasers Conf.Location: Snowmass, COCountry: United StatesStart Date: June 25, 1984End Date: June 27, 1984Sponsors:AIAAAccession Number84N22527Funding Number(s)PROJECT: RTOP 505-32-01Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19840014459.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
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Home > NRC Library > ADAMS Public Documents

# SECY-06-0007 - Staff Plan to Make a Risk-Informed and Performance-Based Revision to 10 CFR Part 50

Accession Number: ML053420151

Date Released: Wednesday, January 25, 2006

Package Contents

The following links on this page are to Adobe Portable Document Format (PDF) files. To obtain a free viewer for displaying this format, see our Plugins, Viewers, and Other Tools.
    - ML053420012 - SECY-06-0007 - Staff Plan to Make a Risk-Informed and Performance-Based Revision to 10 CFR Part 50 (6 page(s), 1/9/2006)
    - ML053420115 - SECY-06-0007-Attachment-Advance Notice of Proposed Rulemaking "Approaches to Risk-Inform and Performance-Base the Requirements for Nuclear Power Reactors" (42 page(s), 1/9/2006)

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§ 1650.6 Deceased participant. ( a ) The TSP record keeper will cancel a pending TSP withdrawal request if it receives notice, in the form and manner prescribed by the TSP record keeper, that a participant is deceased. The TSP record keeper will also cancel an annuity purchase made on or after the participant's date of death but before annuity payments have begun, and the annuity vendor will return the funds to the TSP.
( b ) If the TSP record keeper processes a TSP withdrawal request before being notified that a participant is deceased, the funds cannot be returned to the TSP.
[87 FR 31681, May 24, 2022]
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

72 

KA 12-02053 

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND WHALEN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

PERCY L. SCOTT, DEFENDANT-APPELLANT. 

 

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Erie County Court (Sheila A.

DiTullio, J.), rendered June 16, 2009. The appeal was held by this

Court by order entered March 28, 2014, decision was reserved and the

matter was remitted to Erie County Court for further proceedings (115

AD3d 1342). The proceedings were held and completed. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: Defendant appeals from a judgment convicting him

upon his plea of guilty of attempted murder in the second degree

(Penal Law §§ 110.00, 125.25 [1]). We conclude that County Court did

not abuse its discretion in refusing to grant defendant youthful

offender status (see People v Johnson, 109 AD3d 1191, 1191-1192, lv

denied 22 NY3d 997; People v Davis, 84 AD3d 1710, 1710, lv denied 17

NY3d 815), and we decline to exercise our interest of justice

jurisdiction to adjudicate defendant a youthful offender (cf. People v

Noel, 106 AD2d 854, 854-855). Further, although defendant’s valid

waiver of the right to appeal does not encompass his challenge to the

severity of the sentence because he entered the waiver before he was

advised of the maximum sentence he could receive (see People v Rizek

[appeal No. 1], 64 AD3d 1180, 1180, lv denied 13 NY3d 862), we

nevertheless reject that challenge. 

Entered: February 6, 2015 Frances E. Cafarell

Clerk of the Court
### §1512. Recordkeeping and inspection

#### (a) Regulations; regulations under other provisions unaffected

Each licensee shall establish and maintain such records, make such reports, and provide such information as the Secretary, after consultation with other interested Federal departments and agencies, shall by regulation prescribe to carry out the provision of this chapter. Such regulations shall not amend, contradict or duplicate regulations established pursuant to part I of the Interstate Commerce Act or any other law. Each licensee shall submit such reports and shall make such records and information available as the Secretary may request.

#### (b) Access to deepwater ports in enforcement proceedings and execution of official duties; inspections and tests; notification of results

All United States officials, including those officials responsible for the implementation and enforcement of United States laws applicable to a deepwater port, shall at all times be afforded reasonable access to a deepwater port licensed under this chapter for the purpose of enforcing laws under their jurisdiction or otherwise carrying out their responsibilities. Each such official may inspect, at reasonable times, records, files, papers, processes, controls, and facilities and may test any feature of a deep water port. Each inspection shall be conducted with reasonable promptness, and such licensee shall be notified of the results of such inspection.

(Pub. L. 93–627, §13, Jan. 3, 1975, 88 Stat. 2139.)

#### **Editorial Notes**

#### References in Text

The Interstate Commerce Act, referred to in subsec. (a), is act Feb. 4, 1887, ch. 104, 24 Stat. 379. Part I of the Act, which was classified to chapter 1 (§1 et seq.) of former Title 49, Transportation, was repealed by Pub. L. 95-473, §4(b), Oct. 17, 1978, 92 Stat. 1467, the first section of which enacted subtitle IV (§10101 et seq.) of Title 49. For distribution of former sections of Title 49 into the revised Title 49, see Table at the beginning of Title 49.
**Exhibit 32.2**

 

**CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES–OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of DestinationMaternity Corporation (the “Company”) on Form 10-Qfor the period ended December 31, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Judd P. Tirnauer,Senior Vice President & Chief Financial Officer of the Company,certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2) The information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| **/s/ JUDD P. TIRNAUER**                                    | ** ** |
|-------------------------------------------------------------|------------|
| Judd P. Tirnauer                                            |
| *Senior Vice President & Chief  Financial Officer* |
| February 9, 2009                                       |

 

----
[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Rules and Regulations]
[Page 63327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24285]


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

DEPARTMENT OF DEFENSE

48 CFR Parts 204 and 208


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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

SUMMARY: DoD is making technical amendments to the Defense Federal 
Acquisition Regulation Supplement to update Internet addresses and 
reference information.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense 
Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; 
facsimile (703) 602-0350.

List of Subjects in 48 CFR Parts 204 and 208

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

0
Therefore, 48 CFR parts 204 and 208 are amended as follows:
0
1. The authority citation for 48 CFR parts 204 and 208 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 204--ADMINISTRATIVE MATTERS

0
2. Section 204.7003 is amended in paragraph (a)(1) by revising the last 
sentence to read as follows:


204.7003  Basic PII number.

    (a) * * *
    (1) * * * DoDAACs can be found at https://day2k1.daas.dla.mil/daasinq/.
* * * * *

0
3. Section 204.7005 is amended by revising paragraph (d) to read as 
follows:


204.7005  Assignment of order codes.

* * * * *
    (d) Order code assignments can be found at http://www.acq.osd.mil/dpap/dfars/ordercode.htm.

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
4. Section 208.404 is amended by adding paragraph (S-70) to read as 
follows:


208.404  Using schedules.

* * * * *
    (S-70) See related information at PGI 208.404.

[FR Doc. 04-24285 Filed 10-29-04; 8:45 am]
BILLING CODE 5001-08-P