alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 894.403 Are FEDVIP premiums paid on a pre-tax basis? ( a ) Your FEDVIP premiums are paid on a pre-tax basis (called premium conversion) if you are an active *employee* or *employee* of the United States Postal Service, your salary is sufficient to make the premium allotments, and your agency will be able to make pre-tax allotments.
( b ) Your FEDVIP premiums are *not* paid on a pre-tax basis if: ( 1 ) You are an *employee* or employee of the United States Postal Service in nonpay status or an *employee* or employee of the United States Postal Service whose salary is not high enough to make premium allotments, or your agency is unable to make pre-tax allotments;
( 2 ) You are an *annuitant*, a survivor*annuitant*, or a *compensationer*;
( 3 ) Your enrollment change was made effective retroactively which resulted in additional premium withholdings, unless it is as a result of birth or adoption of a *child*;
( 4 ) You have been approved to pay premiums directly to the *Administrator*;
( 5 ) You are a *TEI*; or
( 6 ) You are an employee of the United States Postal Service not eligible to enroll in the FEHB Program under part 890 of this chapter.
[73 FR 50184, Aug. 26, 2008, as amended at 78 FR 64879, Oct. 30, 2013; 83 FR 32193, July 12, 2018; 83 FR 58179, Nov. 19, 2018; 88 FR 47747, July 25, 2023]
### §11313. Performance and results-based management

In fulfilling the responsibilities under section 3506(h) of title 44, the head of an executive agency shall—

(1) establish goals for improving the efficiency and effectiveness of agency operations and, as appropriate, the delivery of services to the public through the effective use of information technology;

(2) prepare an annual report, to be included in the executive agency's budget submission to Congress, on the progress in achieving the goals;

(3) ensure that performance measurements—

(A) are prescribed for information technology used by, or to be acquired for, the executive agency; and

(B) measure how well the information technology supports programs of the executive agency;

(4) where comparable processes and organizations in the public or private sectors exist, quantitatively benchmark agency process performance against those processes in terms of cost, speed, productivity, and quality of outputs and outcomes;

(5) analyze the missions of the executive agency and, based on the analysis, revise the executive agency's mission-related processes and administrative processes as appropriate before making significant investments in information technology to be used in support of the performance of those missions; and

(6) ensure that the information security policies, procedures, and practices of the executive agency are adequate.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1240.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 11313 | 40:1423. | Pub. L. 104–106, div. E, title LI, §5123, Feb. 10, 1996, 110 Stat. 683. |

Section
[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Rules and Regulations]
[Pages 68079-68080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25965]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[CGD01-04-145]


Drawbridge Operation Regulations: Newtown Creek, Dutch Kills, 
English Kills, and Their Tributaries, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, First Coast Guard District, has issued a 
temporary deviation from the drawbridge operation regulations for the 
Metropolitan Avenue Bridge, mile 3.4, across English Kills at New York 
City, New York. Under this temporary deviation the bridge may remain 
closed from 6 a.m. to midnight on the following days: December 6 
through December 8; December 15 through December 17; and December 20 
through December 22, 2004. The temporary deviation is necessary to 
facilitate bridge maintenance.

DATES: This deviation is effective from December 6, 2004 through 
December 22, 2004.

FOR FURTHER INFORMATION CONTACT: Judy Leung-Yee, Project Officer, First 
Coast Guard District, at (212) 668-7195.

SUPPLEMENTARY INFORMATION: The Metropolitan Avenue Bridge has a 
vertical clearance in the closed position of 10 feet at mean high water 
and 15 feet at mean low water. The existing drawbridge operation 
regulations are listed at 33 CFR 117.801(e).
    The owner of the bridge, New York City Department of Transportation 
(NYCDOT), requested a temporary deviation from the drawbridge operation 
regulations to facilitate rehabilitation repairs at the bridge. The 
bridge must remain in the closed position to perform these repairs.
    Under this temporary deviation the NYCDOT Metropolitan Avenue 
Bridge may remain in the closed position from 6 a.m. through midnight 
on the following days: December 6 through December 8; December 15 
through

[[Page 68080]]

December 17; and December 20 through December 22, 2004.
    This deviation from the operating regulations is authorized under 
33 CFR 117.35, and will be performed with all due speed in order to 
return the bridge to normal operation as soon as possible.

    Dated: November 9, 2004.
John L. Grenier,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 04-25965 Filed 11-22-04; 8:45 am]
BILLING CODE 4910-15-P
### §3505. Forgiveness of outstanding advances

In accordance with accounting and other procedures the Secretary of Housing and Urban Development prescribes, each advance made by the Secretary under this chapter that had any principal amount outstanding on February 5, 1988, was forgiven. The terms and conditions of any contract, or any amendment to a contract, for that advance with respect to any promise to repay the advance were canceled.

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1168.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 3505 | 40:462(g). | Aug. 2, 1954, ch. 649, title VII, §702(g), as added Pub. L. 87–658, §6, Sept. 14, 1962, 76 Stat. 544; Pub. L. 100–242, title V, §524(2), Feb. 5, 1988, 101 Stat. 1939. |

Section
### SUBCHAPTER VI—EDUCATION
NRC TO HOLD PUBLIC MEETING, OPEN HOUSE ON DEC. 11 TO UPDATE PUBLIC 

ON REVIEWS OF CONCRETE DEGRADATION AT SEABROOK NUCLEAR PLANT

 Nuclear Regulatory Commission staff will hold a meeting and open house on Tuesday, Dec. 

11, to update the public regarding its ongoing reviews of concrete degradation at the Seabrook 

nuclear power plant. Seabrook is a single pressurized-water reactor located in Seabrook, N.H., and 

operated by NextEra Energy Seabrook, LLC.

 The open house will take place from 5:30 to 6:45 p.m. at the One Liberty Lane Conference 

Center, at 1 Liberty Lane East in Hampton, N.H. (Directions to the center are available at: 

http://www.onelibertylane.com/contact.php.) During the open house, members of the public will 

have an opportunity to talk on a one-on-one basis with NRC staff involved with the reviews. The 

open house will be immediately followed by a public meeting, beginning at 7 p.m., during which 

NRC staff will provide a presentation on the reviews and take questions from audience members.

Seabrook’s concrete degradation is caused by alkali silica reaction. This chemically

combines reactive silica from the concrete aggregate with the alkali from the cement paste in the 

presence of moisture. (Aggregates are inert granular materials, such as sand, gravel or crushed stone 

that, along with water and cement paste, are an essential ingredient in concrete.) This reaction forms

a gel, which can expand and may cause micro-cracks in the concrete.

While the extent of the problem at Seabrook is still being evaluated, the NRC has 

determined that the structures identified to be affected by the degradation are able to continue to 

perform their safety function.

Documents related to Seabrook concrete degradation issues and the agency’s ongoing 

reviews of the problem are available on the NRC web site at: www.nrc.gov.

###

News releases are available through a free listserv subscription or by clicking on the EMAIL UPDATES link on the 

NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are posted to NRC's 

website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region I 

2100 Renaissance Blvd., King of Prussia, Pa. 19406-2713

E-mail: opa1@nrc.gov 

Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. I-12-046

Contact: Diane Screnci, (610) 337-5330

 Neil Sheehan, (610) 337-5331

November 29, 2012

Email: opa1.resource@nrc.gov
Fourth Court of Appeals

San Antonio, Texas

June 5, 2024

No. 04-23-00389-CR

EX PARTE Juan Antonio VERASTEGUI ARANDA

From the County Court, Kinney County, Texas

Trial Court No. 10981CR

Honorable Susan D. Reed, Judge Presiding

ORDER

In accordance with this court’s opinion of this date, we DISMISS Verastegui Aranda’s 

appeal of the denial of his application for pretrial writ of habeas corpus for want of jurisdiction. 

We further consider Verastegui Aranda’s appeal as a petition for writ of mandamus and DENY

his request for mandamus relief WITHOUT PREJUDICE. See TEX. R. APP. P. 52.8(a).

It is so ORDERED on June 5, 2024.

_____________________________

Liza A. Rodriguez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 5th day of June, 2024.

_____________________________

Luz Estrada, Chief Deputy Clerk
#### H. G. Davis et al., Appellees, v. John H. Willmore et al., Appellants.

(Not to be reported in full.)

Appeal from the Circuit Court of Franklin county; the Hon. William H. Green, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed May 1, 1914.

Statement of the Case.

Bill by H. Gr. Davis, W. H. Lampley and Douglas Whittington against John H. Willmore and John Staphen for a mechanic’s lien in favor of plaintiffs for materials furnished by complainants to defendant Willmore, the original contractor, in the construction of a building for defendant Staphen, the owner. From a decree in favor of complainants for $450.79, which was declared a lien upon the premises, defendants appeal.

D. F. Moore, for appellants.

Thomas J. Layman and William B. Johnson, for appellees.

Abstract of the Decision.

1. Mechanics’ liens, § *62*
      ***
      *—when provision in original contract does not defeat subcontractor’s right to lien.*A provision in a contract between the original contractor and owner that the contractor was “to provide at his own expense all the labor and material necessary and erect, build and finish in workmanlike manner a frame dwelling house,” etc., *held*not to have the effect of waiving any lien of the original contractor and also of defeating a subcontractor’s right to a lien. .

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same topic and section number,

Mr. Presiding Justice McBride

delivered the opinion of the court.

*5112. Mechamos’ liens, § *196*
      ***
      *—when evidence does not show that materials were furnished on an open account.*On bill to enforce a lien for materials furnished the original contractor, *held*that the evidence of complainant did not show that the materials were furnished to the contractor from year to year, upon a general open account, where the undisputed testimony of complainant was that he contracted to furnish the building materials for the particular house and that the materials were charged upon his books as an account against the contractor on that particular job.
§ 531.211 Setting pay for a newly appointed employee. ( a ) *First appointment.* An agency must set the payable rate of basic pay for an employee receiving his or her first appointment (regardless of tenure) as a civilian employee of the Federal Government at the minimum rate of the highest applicable rate range for the employee's position of record, except as provided in § 531.212.
( b ) *Reemployment.* For an employee who has previous civilian service in the Federal Government, an agency must set the payable rate of basic pay upon reemployment at the minimum rate of the highest applicable rate range for the employee's position of record unless— ( 1 ) The employee meets the conditions in § 531.212 and an agency determines it is appropriate to set pay under that section; or
( 2 ) The employee is eligible for a higher payable rate under the maximum payable rate rule in § 531.221 and the agency chooses to apply that rule.
#### § 6701.101 General.

In accordance with 5 CFR 2635.105, the regulations in this part apply to employees of the General Services Administration (GSA) and supplement the Standards of Ethical Conduct for Employees of the Executive Branch (Standards) contained in 5 CFR part 2635. In addition to the executive branch-wide Standards in 5 CFR part 2635 and this part, GSA employees are subject to the executive branch financial disclosure regulations contained in 5 CFR part 2634.
#### § 90.7 Where to file a challenge.

A request for a population estimate challenge must be prepared in writing by the governmental unit and filed with the Chief, Population Division, Census Bureau by sending the request via email to *POP.challenge@census.gov* or to a physical address that the Census Bureau will specify in the updated “Population Estimates Challenge Program Review Guide” to be posted in the *census.gov* website. The governmental unit must designate a contact person who can be reached by telephone or email during normal business hours should questions arise with regard to the submitted materials.
### §106. Federal Acquisition Regulation

In this subtitle, the term "Federal Acquisition Regulation" means the regulation issued under section 1303(a)(1) of this title.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3680.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 106 | 41:259(e). | June 30, 1949, ch. 288, title III, §309(e), as added Pub. L. 103–355, title I, §1551, Oct. 13, 1994, 108 Stat. 3299. |

Section

The defined term is made applicable to the subtitle because of the numerous references throughout the Office of Federal Procurement Policy Act (Public Law 93–400, 88 Stat. 796), restated in division B of this subtitle, and especially because of sections 6(a) and 25(c) of the Act, restated in sections 1121 and 1303, respectively.
[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Notices]
[Page 5871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2600]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-53,794]


Weyerhaeuser, Bay City Sorting Yard, Cosmopolis, WA; Notice of 
Termination of Investigation

    Pursuant to section 221 of the Trade Act of 1974, an investigation 
was initiated on December 12, 2003 in response to a worker petition 
which was filed by a State agency representative on behalf of workers 
at Weyerhaeuser, Bay City Sorting Yard, Cosmopolis, Washington (TA-W-
53,794).
    The petitioner has requested that the petition be withdrawn. 
Consequently, further investigation in this case would serve no 
purpose, and the investigation has been terminated.

    Signed in Washington, DC this 9th day of January 2004.
Linda G. Poole,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. 04-2600 Filed 2-5-04; 8:45 am]
BILLING CODE 4510-30-P
B.C.D. 03-55

EMPLOYER STATUS DETERMINATION

Pennsylvania Southwestern Railroad, Inc.

JUN 1 1 2003

This is a determination ofthe Railroad Retirement Board concerning the status of

Pennsylvania Southwestern Railroad, Inc. (PSR) as an employer under the Railroad 

Retirement Act (45 U.S.C. § 231 et seg.) (RRA) and the Railroad Unemployment

Insurance Act (45 U.S.C. § 351 et seg.) (RUIA).

In Surface Transportation Board (STB) Finance Docket No. 34328, PSR filed a

notice of exemption to lease from J&L Specialty Steel, LLC the 10.5 mile rail line

located in J&L’s steel plant in Midland, Pennsylvania. In STB Finance Docket No.

34329, Watco Companies, the parent of PSR, filed a notice of exemption to

continue to control PSR upon its becoming a class III carrier. According to

information provided in a letter dated May 6, 2003, from Mr. Craig Richey, General 

Counsel ofWatco Companies, Inc, PSR is a wholly owned subsidiary ofWatco. 

Watco also owns several other carriers, Eastern Idaho Railroad, Inc. (BA 2768),

Stillwater Central Railroad, Inc. (BA 2878), South Kansas & Oklahoma Railroad, 

Inc. (BA 3880), Kansas & Oklahoma Railroad, Inc. (BA 2797), Palouse River and

Coulee City Railroad, Inc. (BA 2643), and Timber Rock Railroad, Inc. (BA 2877).

PSR currently operates a switching railroad on the property ofJ&L Specialty Steel,

LLC. It interchanges with the Norfolk Southern Corporation (BA 9408). PSR was

incorporated on March 18, 2003, and hired its first employees on March 31, 2003. 

PSR currently has 23 employees.

Section 1(a)(1) ofthe Railroad Retirement Act (45 U.S.C. § 231(a)(1)), insofar as

relevant here, defines a covered employer as:

(i) any carrier by railroad subject to the jurisdiction ofthe Surface 

Transportation Board under Part A ofsubtitle IV oftitle 49, United States 

Code;

Section 1 of the RUIA contains essentially the same definition, as does section 3231

ofthe Railroad Retirement Tax Act.

BA#4280
-2-

Pennsylvania Southwestern Railroad, Inc.

The evidence ofrecord establishes that Pennsylvania Southwestern Railroad

Company is a rail carrier subject to STBjurisdiction. Accordingly, it is determined

that Pennsylvania Southwestern Railroad Company became an employer within the

meaning ofsection l(a)(l)(i) ofthe Railroad Retirement Act and the corresponding

provision ofthe Railroad Unemployment Insurance Act effective with its date of

incorporation, March 18, 2003.

Cherryl Tr Thomas
### §4708. Payment of reimbursable indirect costs in cost-type research and development contracts with educational institutions

A cost-type research and development contract (including a grant) with a university, college, or other educational institution may provide for payment of reimbursable indirect costs on the basis of predetermined fixed-percentage rates applied to the total of the reimbursable direct costs incurred or to an element of the total of the reimbursable direct costs incurred.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3799.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 4708 | 41:254a. | Pub. L. 87–638, Sept. 5, 1962, 76 Stat. 437. |

Section

The words "On and after September 5, 1962" are omitted as obsolete.
Confidential

Polymer

Weight

Information
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 10-7680

BARRY JOHNSON,

Plaintiff – Appellant,

v.

UNITED STATES DEPARTMENT OF JUSTICE, Joshua Royster, 

Federal Bureau of Prisons, FCC Butner, Mid-Atlantic Region,

Defendant – Appellee.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. Louise W. Flanagan, 

Chief District Judge. (5:10-ct-03002-FL)

Submitted: February 24, 2011 Decided: March 3, 2011

Before GREGORY, SHEDD, and KEENAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Barry Johnson, Appellant Pro Se. Joshua Bryan Royster, OFFICE 

OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Barry Johnson appeals the district court’s order 

dismissing his action for damages pursuant to the Federal Torts 

Claims Act, 28 U.S.C. § 1346(b) (2006). We have reviewed the 

record and find no reversible error. Accordingly, we affirm for 

the reasons stated by the district court. Johnson v. United 

States Dep’t of Justice, No. 5:10-ct-03002-FL (E.D.N.C. Nov. 5, 

2010). We dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before the court and argument would not aid the decisional 

process.

AFFIRMED
EXHIBIT
32.1








CERTIFICATION
OF PRINCIPAL EXECUTIVE OFFICER AND


PRINCIPAL
FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. § 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report on Form 10-Q of Performance Capital
Management, LLC (the “Company”) for the quarter ended September 30, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, David J. Caldwell, as Chief Operations Officer of the Company, and
I, Edward M. Rucker, as Accounting Manager of the Company, hereby certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley
Act of 2002, that, to the best of my knowledge:





(1)  The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and





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








/s/ David J. CaldwellDavid
      J. CaldwellChief
      Operations OfficerNovember
      18, 2008/s/ Edward M. RuckerEdward
      M. RuckerAccounting
      ManagerNovember
      18, 2008








The
material contained in this exhibit is not deemed “filed” with the Commission and
is not to be incorporated by reference into any filing of the Company under the
Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as
amended, whether made before or after the date hereof and irrespective of any
general incorporation language contained in such filing, except to the extent
that the Company specifically incorporates it by reference.
|                                                                                                          |
|----------------------------------------------------------------------------------------------------------|
|  Contact Us | Catalog | Ask-A-Librarian | Feedback | A-Z Index Library                  All of NOAA |
||
Exhibit 32.2

          CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350 AS ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

            In connection with the Quarterly Report of East Penn Financial
Corporation (the "Company") on Form 10-Q for the period ending March 31, 2004,
as filed with the Securities and Exchange Commission (the "Report"), I, Theresa
M. Wasko, Treasurer and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

      o     The Report fully complies with the requirements of Section 13(a) and
            15(d) of the Securities and Exchange Act of 1934; and

      o     To my knowledge, the information contained in the Report fairly
            presents, in all material respects, the Company's financial
            condition and results of operations of the Company as of the dates
            and for the periods presented in the Report.


-------------------------------------------------------
Theresa M. Wasko, Treasurer and Chief Financial Officer

Dated: May 11, 2004


                                    Page 26
### subpart 2—advanced vehicles