alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Janna Dunbar, Respondent, v. James W. Ingraham et al., Appellants. Lawrence Dunbar, Respondent, v. James W. Ingraham et al., Appellants.

Memorandum: This appeal is from the order denying the motion to vacate the order granting the mistrial. (See *Fine*v. *Cummins,*260 App. Div. 569, and *Matter of Taylor,*271 App. Div. 947.) It was within the discretion of the trial court to order the withdrawal of a juror and a mistrial, but that part of the order awarding $100 costs to the plaintiff to be paid by the defendant before proceeding further to defend the action, is unauthorized. Costs upon trial of an action are regulated by statute and not otherwise. (See *Modern Silk Co.*v. *Weinstein,*100 Misc. 358; *Finck*v. *Stachelberg,*86 N. Y. S. 20, 21; *Browning*v. *Brokaw,*114 App. Div. 104.) The order appealed from should be modified so as to provide that the provision of the order of mistrial awarding $100 costs to the plaintiff should be stricken therefrom All concur. (One order directs a mistrial in an automobile negligence action; one order denies defendants’ motion to vacate the order granting a mistrial.) Present — Taylor, P. J., MeCurn, Vaughan, Kimball and Piper, JJ.
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.551 Applicability.

In the event of extraordinary circumstances in which a Commission action may involve major Federal action significantly affecting the quality of the human environment, the Commission shall follow the procedures set forth in §§ 200.552 through 200.554 of this part, unless doing so would be inconsistent with its statutory authority under the Federal securities laws.

[76 FR 71874, Nov. 21, 2011]
§ 904.508 Voluntary forfeiture by abandonment. ( a ) The owner of seized property may voluntarily forfeit all right, title, and interest in the property by abandoning it to NOAA. Voluntary forfeiture by abandonment under this section may be accomplished by various means, including, but not limited to: expressly waiving any claim to the property by voluntarily relinquishing any right, title, and interest by written agreement or otherwise; or refusing or otherwise avoiding delivery of returned property; or failing to respond within 90 days of service of any certified or registered notice regarding a return of seized property issued under § 904.510(b).
( b ) Property will be declared finally forfeited by abandonment, without recourse, upon a finding of abandonment by NOAA.
#### § 801.33 Consummation of an acquisition by acceptance of tendered shares of payment.

The acceptance for payment of any shares tendered in a tender offer is the consummation of an acquisition of those shares within the meaning of the act.

[48 FR 34433, July 29, 1983]
### §16123. Federal procurement of stationary, portable, and micro fuel cells

#### (a) Purposes

The purposes of this section are—

(1) to stimulate acceptance by the market of stationary, portable, and micro fuel cells; and

(2) to support development of technologies relating to stationary, portable, and micro fuel cells.

#### (b) Federal leases and purchases

#### (1) In general

Not later than January 1, 2006, the head of any Federal agency that uses electrical power from stationary, portable, or microportable devices shall lease or purchase a stationary, portable, or micro fuel cell to meet any applicable energy savings goal described in subsection (c).

#### (2) Costs of leases and purchases

#### (A) In general

The Secretary, in cooperation with the Task Force and the Technical Advisory Committee, shall pay the cost to Federal agencies (or share the cost under interagency agreements) of leasing or purchasing stationary, portable, and micro fuel cells under paragraph (1).

#### (B) Competitive costs and management structures

In carrying out subparagraph (A), the Secretary, in consultation with the agency, may use the General Services Administration or any commercial vendor to ensure—

(i) a cost-effective purchase of a stationary, portable, or micro fuel cell; or

(ii) a cost-effective management structure of the lease of a stationary, portable, or micro fuel cell.

#### (3) Exception

#### (A) In general

If the Secretary determines that the head of an agency described in paragraph (1) cannot find an appropriately efficient and reliable stationary, portable, or micro fuel cell in accordance with paragraph (1), that agency shall be excepted from compliance with paragraph (1).

#### (B) Consideration

In making a determination under subparagraph (A), the Secretary shall consider—

(i) the needs of the agency; and

(ii) an evaluation performed by—

(I) the Task Force; or

(II) the Technical Advisory Committee of the Task Force.

#### (c) Energy savings goals

An agency that leases or purchases a stationary, portable, or micro fuel cell in accordance with subsection (b)(1) may use that lease or purchase to count toward an energy savings goal described in section 16157 of this title that is applicable to the agency.

#### (d) Authorization of appropriations

There is authorized to be appropriated to carry out this section—

(1) $20,000,000 for fiscal year 2006;

(2) $50,000,000 for fiscal year 2007;

(3) $75,000,000 for fiscal year 2008;

(4) $100,000,000 for fiscal year 2009;

(5) $100,000,000 for fiscal year 2010; and

(6) such sums as are necessary for each of fiscal years 2011 through 2015.

(Pub. L. 109–58, title VII, §783, Aug. 8, 2005, 119 Stat. 837.)
UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

Mr. Tony Scott 

Federal Chief Information Officer 

The Office of Management and Budget 

725 17th Street NW 

Washington, D.C. 20503 

SUBJECT: DCOI STRATEGIC PLAN CIO CERTIFICATION 

Mr. Scott, 

I, David Nelson, the undersigned Chief Information Officer of the Nuclear Regulatory 

Commission (NRC), certify that my agency will comply with all reporting requirements of the 

OMS Memorandum "Data Center Optimization Initiative" (DCOI), as well as the data center -

related reporting requirements in FITARA. 

My agency has verified that the accompanying Strategic Plan is a valid JSON file, conforms to 

the schema on https://management.cio.gov/schema, and addresses all of the requirements for it 

specified in the DCOI. Furthermore, I confirm that this Strategic Plan has been posted publicly 

on nrc.gov/digitalstrategy/DataCenterOptimizationlnitiativeStrategicPlan.json under the heading 

"Data Center Optimization Initiative Strategic Plans". 

Signed, 

~~~L__.+--:-.+::==.=:::::::::::..--- Date: ---+-1 (_30-+-}_/ b_ David Nelson 

Chief Information 

NRC
§ 1301.7 Test procedures. ( a ) The refuse bin shall be tested by applying forces as described in paragraphs (a) (1) and (2) of this section one after the other. ( 1 ) A horizontal force of 70 pounds (311 N) shall be applied at a point and in a direction most likely to cause tipping, and
( 2 ) A vertically downward force of 191 pounds (850 N) shall be applied to a point most likely to cause tipping. (See Figure 1.)
( b ) These forces shall be applied separately and the bin shall not tip over under the application of either action cited above in paragraph (a)(1) or (a)(2).
```

                                                                    EXHIBIT 32.1

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

          In connection with the Quarterly  Report of CepTor  Corporation,  (the
"Company")  on Form 10-QSB for  quarterly  period  ended March 31, 2005 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, William H. Pursley,  Chairman of the Board and Chief Executive 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, to my knowledge:

(1)  The Report fully complies with the requirements of Section 13 (a) of 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.

May 16, 2005

                                        /s/ William H. Pursley
                                        --------------------------
                                        William H. Pursley
                                        Chairman of the Board and
                                        Chief Executive Officer
```
## Lumber Production and Mill Stocks (MA24T)

e-mail

----

 Frequency: annual Contact: Jim Jamski 301-457-1603 **PDF FORMAT**Years available |1997 |1998 |**TEXT FILE  FOR VIEWING (ASCll text)**Years available |1997 |1996 |1995 |1994 |1993 |1992 |**WORKSHEET FILES ('WK1' format)**Years available |1997 |1996 |1995 |1994 |1993 |**WORKSHEET FILES ('WK3' format)**Years available |1997 |1998 |***Data are available before 1992.  Send your request by e-mail or call the Information Service Center(301) 457-4673 or fax (301) 457-2602.***Go back to list of Current Industrial ReportsGo back to Census Bureau Home PageLast Revised: *10/10/96 16:17:05*Source:  U.S. Census Bureau
### §12645b. Generation of volunteers

In making decisions on applications for assistance or approved national service positions under the national service laws, the Corporation shall take into consideration the extent to which the applicant's proposal will increase the involvement of volunteers in meeting community needs. In reviewing the application for this purpose, the Corporation may take into account the mission of the applicant.

(Pub. L. 101–610, title I, §188, as added Pub. L. 111–13, title I, §1612, Apr. 21, 2009, 123 Stat. 1538.)

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

#### Effective Date

Section effective Oct. 1, 2009, see section 6101(a) of Pub. L. 111–13, set out as an Effective Date of 2009 Amendment note under section 4950 of this title.
#### § 308.8 Severability.

The provisions of this rule are separate and severable from one another. If any provision is stayed or determined to be invalid, it is the Commission's intention that the remaining provisions shall continue in effect.
TIM JOHNSON 

SOUTH DAKOTA 

RAPID CITY OFFICE: (605) 341-3990 

PO BOX 1098, RAPID CITY, SD 57709 

ABERDEEN OFFICE: (605| 226-3440 

PO BOX 1554, ABERDEEN, SD 57402 

SIOUX FALLS OFFICE: (605) 332-8896 

PO BOX 1424, SIOUX FALLS, SD 57101 

Bnited States ^tmz 

WASHINGTON, DC 20510^10 4 

WAbHINLrlUNUFULt: 

136 HAR T SENATE OFFICE BUILDIN G 

WASHINGTON , DC 20510-4104 

(202)224-5842 

TDD: (202) 224-8279 

TOLL FREE 

1-800-537-0025 

1-800-819-0788 

WEB SITE: http://johnson.senate.gov 

September 7,2011 

Todd Homan 

Director, Office <j>f Aviation Analysis 

of Transportation 

Avenue, SE 

20590 

U.S. Department 

1200 New Jersey 

Washington, DC 

Dear Director He man: 

I am writing with 

Dakota. Service 

j ^ 

C3 

rn^Orn 

O oo 

C O 

regard to Delta's recent notice of intent to terminate service at Pierre, South 

between Pierre and Minneapolis/St. Paul provides a crucial link for travelers, 

businesses, as welll as state and federal government employees in and around South Dakota's capital. 

In a letter to the 

described the 

outlined the Department 

capital city. In a 

and the conslden 

continued to just 

- strongly support 

Department of Transportation dated July 31,2011, Pierre Mayor Laurie Gill 

importance of having access to the Minneapolis-St. Paul International Airport and 

's previous determination of the need for duel-hub service to our state's 

2002 order, the Department recognized that the unique needs of the State Capitol 

ble distances involved (385 miles to Denver and 350 miles to Minneapolis) 

fy dual-hub service in Pierre. Those considerations are just as important today and I 

;he Mayor's efforts to ensure service to both Denver and Minneapolis/St. Paul. 

Furthermore, 

According to the 

and July 2011 

cqnsecutive mon 

of a new airport 

passenger ( demand for the Pierre-to-Minneapolis route has increased in recent years. 

Mayor, Delta Airlines has seen a 33.4% increase in boarding between July 2009 

Coverall, the Pierre Regional Airport has experienced increases in boardings for 13 

hs. This strong demand combined with significant investment in the construction 

tjerminal underscore the importance of commercial service in Pierre. 

The Essential Aif Service program promises a basic level of service to communities that might 

otherwise be overlooked by carriers, but nonetheless deserve reliable flights. Reliable, affordable air 

service is critically important to economic development and the quality of life in South Dakota. I 

would encourage the Department of Transportation to closely review the concerns of the community 

and consider maintaining its previous determination of the need for both eastbound and westbound 

service in Pierre. 

Thank you for yc ur attention to this important matter. 

Sincerely, 

COMMITTEES: APPROPRIA 

Tim Johnso) 

United States Senate 

Cc: Denniis^Deva ny^, Chief, EsEeotkl A# Service and Domestic Analysis Division 

IONS; BANKING, HOUSING, AND URBAN AFFAIRS; ENERGY AND NATURAL RESOURCES; INDIAN AFFAIRS
### §15101. Authorization of appropriations

#### (a) In general

There are authorized to be appropriated to carry out this subchapter such sums as may be necessary for each of fiscal years 2001 through 2007.

#### (b) Reservation

#### (1) In general

The Secretary shall reserve for each fiscal year 10 percent, or $400,000 (whichever is greater), of the amount appropriated pursuant to subsection (a) to carry out—

(A) section 15098 of this title (relating to the provision of technical assistance and information to States); and

(B) section 15099 of this title (relating to the conduct of evaluations).

#### (2) Special rule

For each year that the amount appropriated pursuant to subsection (a) is $10,000,000 or greater, the Secretary may reserve 5 percent of such amount to carry out section 15100 of this title.

(Pub. L. 106–402, title II, §212, Oct. 30, 2000, 114 Stat. 1734.)
§ 318.3 Breach notification requirement. ( a ) *In general.* In accordance with §§ 318.4 (regarding timeliness of notification), 318.5 (regarding methods of notice), and 318.6 (regarding content of notice), each vendor of personal health records, following the discovery of a breach of security of unsecured PHR identifiable health information that is in a personal health record maintained or offered by such vendor, and each PHR related entity, following the discovery of a breach of security of such information that is obtained through a product or service provided by such entity, shall: ( 1 ) Notify each individual who is a citizen or resident of the United States whose unsecured PHR identifiable health information was acquired by an unauthorized person as a result of such breach of security;
( 2 ) Notify the Federal Trade Commission; and
( 3 ) Notify prominent media outlets serving a State or jurisdiction, following the discovery of a breach of security, if the unsecured PHR identifiable health information of 500 or more residents of such State or jurisdiction is, or is reasonably believed to have been, acquired during such breach.
( b ) *Third party service providers.* A third party service provider shall, following the discovery of a breach of security, provide notice of the breach to an official designated in a written contract by the vendor of personal health records or the PHR related entity to receive such notices or, if such a designation is not made, to a senior official at the vendor of personal health records or PHR related entity to which it provides services, and obtain acknowledgment from such official that such notice was received. Such notification shall include the identification of each customer of the vendor of personal health records or PHR related entity whose unsecured PHR identifiable health information has been, or is reasonably believed to have been, acquired during such breach. For purposes of ensuring implementation of this paragraph (b), vendors of personal health records and PHR related entities shall notify third party service providers of their status as vendors of personal health records or PHR related entities subject to this part. While some third party service providers may access unsecured PHR identifiable health information in the course of providing services, this does not render the third party service provider a PHR related entity.
( c ) *Breaches treated as discovered.* A breach of security shall be treated as discovered as of the first day on which such breach is known or reasonably should have been known to the vendor of personal health records, PHR related entity, or third party service provider, respectively. Such vendor, entity, or third party service provider shall be deemed to have knowledge of a breach if such breach is known, or reasonably should have been known, to any person, other than the person committing the breach, who is an employee, officer, or other agent of such vendor of personal health records, PHR related entity, or third party service provider.
### subpart 3—technical guidelines development committee
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 10**  **- 1744** 

RAMAN K. SINGH , Plaintiff

- Appellee ,
v. GARY HASS, a/k/a Gary Van Hass, a/k/a Gary Hollywood , Defendant

- Appellant
.

Appeal from the United States Distric t Court for the Eastern District of Virginia , at Richmond
. Henry E. Hudson , District Judge. ( 3:09

- cv - 00386

- HEH )

Submitted : March 28, 2011 Decided: May 5, 2011

Before MOTZ, KEENAN, and WYNN , Circuit Judges.

Affirmed by un published per curiam op inion
. James E. Bowman, II, FERRISBOWMAN PLLC, Richmond, Virginia, for Appellant. Stacie C. Bordick, HIRSCHLER FLEISCHER, P.C., Fredericksburg, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Gary Hass appeals the district court’s order accepting the recommendation of the magistrate judge and denying his motion to dismiss the Appellee’s complaint . The district court referred this case to a magistrate judge pursuant to 28 U.S.C. A. § 636(b)(1)(B) ( We st 200 6 & Supp. 2010 ). The magistrate judge

re commended that relief be denied and the district court subsequently adopted that recommendation. However, t he timely filing of specific objections to a magistrate judge ’ s recommendation is necessary to preser ve appellate review of the substance of that recommendation. Wright v. Collins , 766 F.2d 841, 845

- 46 (4th Cir. 1985); see also Wells v. Shriners Hosp. , 109 F.3d 198, 200 (4th Cir. 1997) ( forfeiture rule enforced where report fails to inform party of conse quences of failure to object if party is represented by counsel). Hass has waived appellate review by failing to file objections to the magistrate judge’s report . Accordingly, we affirm the district court’s order. 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
No: 16-069 November 28, 2016

Contact: Maureen Conley, 301-415-8200

NRC Seeks to Fill Open Reactor Safeguards Advisory Committee Position

The Nuclear Regulatory Commission is seeking a qualified candidate for appointment to its 

Advisory Committee on Reactor Safeguards (ACRS). The ACRS is an advisory group that provides 

independent technical review of, and advice on, matters related to the safety of existing and proposed 

nuclear facilities, and on the adequacy of proposed reactor safety standards. It also advises the 

Commission on issues in health physics and radiation protection.

The ACRS’s primary focus is on safety issues associated with the operation of 99 U.S. 

commercial nuclear power plants and regulatory initiatives including risk-informed and performancebased regulations, license renewal, power uprates, new reactor applications and the use of mixed oxide 

and high burn up fuels. In addition, the ACRS may be asked to provide advice on radiation protection, 

radioactive waste management and earth sciences in the agency’s licensing reviews for fuel fabrication, 

enrichment and waste disposal facilities.

The Commission is seeking an individual with extensive experience in nuclear power plant 

probabilistic risk assessment and risk management. The best-qualified candidates will have at least 20 

years of specific experience in those areas, as well as considerable broad experience and a distinguished 

record of achievement in one or more areas of nuclear science and technology or a related engineering 

discipline.

Interested individuals should find candidate criteria and details at the corresponding Federal 

Register notice published today and available on the NRC website. Resumes will be accepted until Dec. 

30. Resumes should be sent to Jamila Perry and Alesha Bellinger, ACRS, Mail Stop T2E-26, U.S. 

Nuclear Regulatory Commission, Washington, DC 20555-0001, or e-mail Jamila.Perry@nrc.gov, and 

Alesha.Bellinger@nrc.gov. For more information on the ACRS go the NRC website.
Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear at 89 FR 71805, Sept. 4, 2024.

§ 1.38 Execution of transactions. ( a ) *Competitive execution required; exceptions.* All purchases and sales of any commodity for future delivery, and of any commodity option, on or subject to the rules of a contract market shall be executed openly and competitively by open outcry or posting of bids and offers or by other equally open and competitive methods, in the trading pit or ring or similar place provided by the contract market, during the regular hours prescribed by the contract market for trading in such commodity or commodity option: *Provided, however,* That this requirement shall not apply to transactions which are executed non-competitively in accordance with written rules of the contract market which have been submitted to and approved by the Commission, specifically providing for the non-competitive execution of such transactions.
( b ) *Noncompetitive trades; exchange of futures, etc.; requirements.* Every person handling, executing, clearing, or carrying trades, transactions or positions which are not competitively executed, including transfer trades or office trades, or trades involving the exchange of futures for cash commodities or the exchange of futures in connection with cash commodity transactions, shall identify and mark by appropriate symbol or designation all such transactions or contracts and all orders, records, and memoranda pertaining thereto.
(Approved by the Office of Management and Budget under control numbers 3038-0007 and 3038-0022) [46 FR 54523, Nov. 3, 1981, as amended at 46 FR 63035, Dec. 30, 1981]