alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Herbert O’Connor, Suing on Behalf of Himself and All Other Members of the Mutual Ticket Agents Local No. 23293 of the American Federation of Labor, Similarly Situated, et al., Respondents-Appellants, v. Raymond Harrington, as President of Mutual Ticket Agents Local No. 23293 of the American Federation of Labor, Appellant-Respondent.

In an action for an injunction restraining the expenditure of funds of a union in the defense of some of its officers and members in a criminal action, both parties appeal from an order awarding the plaintiffs an allowance for counsel fees in prosecuting the action to judgment. The parties also appeal from the part of the judgment which was deemed to be added at the foot thereof by the order appealed from. Insofar as appealed from, judgment and order modified on the facts by striking therefrom “$5,000.00” and substituting in place thereof “$3,500.00”, and as so modified, judgment and order unanimously affirmed, without costs. While it was properly held that the membership as a whole had been benefited by reason of the representative action which resulted in a default judgment against the members, the allowance of $5,000 to plaintiffs was excessive in view of the services rendered. The implied finding that the services were reasonably worth $5,000 is reversed and a new finding made that $3,500 was reasonable. Present — Nolan, P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ. [See *post,*p. 975.]
[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Notices]
[Page 68951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26106]


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

DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Notice of Cancellation of Customs Broker National Permit

AGENCY: Bureau of Customs and Border Protection, U.S. Department of 
Homeland Security.

ACTION: General notice.

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

SUMMARY: Pursuant to section 641 of the Tariff Act of 1930, as amended, 
(19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the 
following Customs broker national permits are canceled without 
prejudice.

------------------------------------------------------------------------
                                     Permit
              Name                 <greek-i>          Issuing port
------------------------------------------------------------------------
J.H. Bachmann, Inc..............     04-00064  Headquarters.
MEC Transport Services Corp.....     99-00265  Headquarters.
------------------------------------------------------------------------


    Dated: November 15, 2004.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 04-26106 Filed 11-24-04; 8:45 am]
BILLING CODE 4820-02-P
§ 1632.63 Policy clarification on renovation of mattress. ( a ) Section 3 of the Flammable Fabrics Act (15 U.S.C. 1192) prohibits, among other things, the “manufacture for sale” of any product which fails to conform to an applicable standard issued under the act. The standard for the Flammability of Mattresses, as amended (FF 4-72) (subpart A of this part), issued pursuant to the act, provides that, with certain exceptions, mattress must be tested according to a prescribed method. The standard does not exempt renovation; nor does it specifically refer to renovation.
( b ) The purpose of this document is to inform the public that mattresses renovated for sale are considered by the Commission to be mattresses manufactured for sale and, therefore, subject to the requirements of the Mattress Standard. The Commission believes that this policy clarification will better protect the public against the unreasonable risk of fires leading to death, personal injury or significant property damage, and assure that purchasers of renovated mattresses receive the same protection under the Flammable Fabrics Act as purchasers of new mattresses.
( c ) For purposes of this document, mattress renovation includes a wide range of operations. Replacing the ticking or batting, stripping a mattress to its springs, rebuilding a mattress, or replacing components with new or recycled materials, are all part of the process of renovation. Any one, or any combination of one or more, of these steps in mattress renovation is considered to be mattress manufacture.
( d ) If the person who renovates the mattress intends to retain the renovated mattress for his or her own use, or if a customer or a renovator merely hires the services of the renovator and intends to take back the renovated mattress for his or her own use, “manufacture for sale” has not occurred and such a renovated mattress is not subject to the mattress standard.
( e ) However, if a renovated mattress is sold or intended for sale, either by the renovator or the owner of the mattress who hires the services of the renovator, such a transaction is considered to be “manufacture for sale”.
( f ) Accordingly, mattress renovation is considered by the Commission to be “manufacture for sale” and, therefore, subject to the Mattress Standard, when renovated mattresses are sold or intended for sale by a renovator or the customer of the renovator.
( g ) A renovator who believes that certain mattresses are entitled to one-of-a-kind exemption, may present relevant facts to the Commission and petition for an exemption. Renovators are expected to comply with all the testing requirements of the Mattress Standard until an exemption is approved.
### §13473. Civilian nuclear waste

#### (a) Study

The Secretary shall conduct a study of the potential for minimizing the volume and toxic lifetime of nuclear waste, including an analysis of the viability of existing technologies and an assessment of the extent of research and development required for new technologies.

#### (b) Program

Based on the results of the study required under subsection (a), the Secretary shall prepare and submit to Congress a 5-year program plan for carrying out a program of research and development on new technologies for minimizing the volume and toxic lifetime of, and thereby mitigating hazards associated with, nuclear waste.

#### (c) Authorization of appropriations

There are authorized to be appropriated to the Secretary for carrying out this section $4,700,000 for fiscal year 1993 and such sums as may be necessary for fiscal year 1994.

(Pub. L. 102–486, title XXI, §2113, Oct. 24, 1992, 106 Stat. 3073.)
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

RUSSELL WEATHERS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 678 MAL 2016

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 22nd day of February, 2017, the Petition for Allowance of Appeal

is DENIED.
### §§14043c–1 to 14043c–3. Repealed. Pub. L. 113–4, title III, §302, Mar. 7, 2013, 127 Stat. 84

Section 14043c–1, Pub. L. 103–322, title IV, §41202, as added Pub. L. 109–162, title III, §303, Jan. 5, 2006, 119 Stat. 3005, related to access to justice for youth.

Section 14043c–2, Pub. L. 103–322, title IV, §41203, as added Pub. L. 109–162, title III, §303, Jan. 5, 2006, 119 Stat. 3008, related to grants for training and collaboration on the intersection between domestic violence and child maltreatment.

Section 14043c–3, Pub. L. 103–322, title IV, §41204, as added Pub. L. 109–162, title III, §303, Jan. 5, 2006, 119 Stat. 3010; amended Pub. L. 109–271, §4(a), Aug. 12, 2006, 120 Stat. 758, related to grants to combat domestic violence, dating violence, sexual assault, and stalking in middle and high schools.

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

#### Effective Date of Repeal

Repeal not effective until the beginning of the fiscal year following Mar. 7, 2013, see section 4 of Pub. L. 113–4, set out as an Effective Date of 2013 Amendment note under section 2261 of Title 18, Crimes and Criminal Procedure.
Editorial Note on Part 1
Editorial Note: Nomenclature changes to part 1 appear at 89 FR 71805, Sept. 4, 2024.

§ 1.18 Records for and relating to financial reporting and monthly computation by futures commission merchants and introducing brokers. ( a ) No person shall be registered as a futures commission merchant or as an introducing broker under the Act unless, commencing on the date his application for such registration is filed, he prepares and keeps current ledgers or other similar records which show or summarize, with appropriate references to supporting documents, each transaction affecting his asset, liability, income, expense and capital accounts, and in which (except as otherwise permitted in writing by the Commission) all his asset, liability and capital accounts are classified into either the account classification subdivisions specified on Form 1-FR-FCM or Form 1-FR-IB, respectively, or, if such person is registered with the Securities and Exchange Commission as a securities broker or dealer and he files (in accordance with § 1.10(h)) a copy of his Financial and Operational Combined Uniform Single Report under the Securities Exchange Act of 1934, Part II, Part IIA, or Part II CSE (FOCUS report) in lieu of Form 1-FR-FCM or Form 1-FR-IB, the account classification subdivisions specified on such FOCUS report, or categories that are in accord with generally accepted accounting principles. Each person so registered shall prepare and keep current such records.
( b ) ( 1 ) Each applicant or registrant must make and keep as a record in accordance with § 1.31 formal computations of its adjusted net capital and of its minimum financial requirements pursuant to § 1.17 or the requirements of the designated self-regulatory organization to which it is subject as of the close of business each month. Such computations must be completed and made available for inspection by any representative of the National Futures Association, in the case of an applicant, or of the Commission or designated self-regulatory organization, if any, in the case of a registrant, within 17 business days after the date for which the computations are made, commencing the first month end after the date the application for registration is filed.
( 2 ) An applicant or registrant that has filed a monthly Form 1-FR or Statement of Financial and Operational Combined Uniform Single Report under the Securities Exchange Act of 1934, Part II, Part IIA, or Part II CSE (FOCUS report) in accordance with the requirements of § 1.10(b) will be deemed to have satisfied the requirements of paragraph (b)(1) of this section for such month.
( c ) The provisions of this section do not apply to an introducing broker which is operating pursuant to a guarantee agreement, nor do such provisions apply to an applicant for registration as an introducing broker who files concurrently with such application a guarantee agreement, provided such introducing broker or applicant therefor is not also a securities broker or dealer.
[48 FR 35288, Aug. 3, 1983, as amended at 49 FR 39530, Oct. 9, 1984; 62 FR 4641, Jan. 31, 1997; 69 FR 49800, Aug. 12, 2004; 71 FR 5594, Feb. 2, 2006]
Fourth Court of Appeals

San Antonio, Texas

January 21, 2020

No. 04-19-00411-CR

Shandon KHABAZIAN,

Appellant

v.

STATE of Texas,

Appellee

From the 290th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CR8957

The Honorable Jennifer Pena, Judge Presiding

O R D E R

The State’s Motion for Extension of Time to File Brief is hereby 

GRANTED. The appellant’s brief is due on February 18, 2020.

_________________________________

Sandee Bryan Marion, Chief Justice

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

court on this 21st day of January, 2020.

___________________________________

MICHAEL A. CRUZ,

Clerk of Court
No: IV-16-011 May 24, 2016 

CONTACT: Victor Dricks 817-200-1128

 

NRC to Discuss Performance Assessment for Diablo Canyon Nuclear Power Plant

The Nuclear Regulatory Commission staff will meet with members of the public in San Luis 

Obispo, Calif., on June 22, to discuss the agency’s performance assessment for the Diablo Canyon 

nuclear power plant. The plant, located near San Luis Obispo, is operated by Pacific Gas & Electric Co.

The meeting will be held from 5:30 - 8 p.m. at the Embassy Suites, 333 Madonna Road, in San 

Luis Obispo. NRC staff will make a brief presentation on the plant’s 2015 safety assessment and will 

be available to answer questions on Diablo Canyon related topics.

“The meeting provides us with the opportunity to present the results of our annual safety 

assessment of Diablo Canyon and answer questions members of the public may have about NRC’s 

regulatory role,” said Region IV Administrator Marc Dapas.

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. Performance indicators are statistical measurements

of plant and equipment performance. The NRC’s action matrix reflects overall plant performance and

agency response. There are five columns in the action matrix with Column 1 requiring a rigorous 

baseline level of inspections.

Diablo Canyon is in Column 1 and will receive the normal level of regulatory oversight for the 

rest of 2016. Inspections are performed by two NRC resident inspectors assigned to the plant and 

inspection specialists from the Region IV office in Arlington, Texas.

A letter sent from the NRC Region IV office to plant officials addresses the performance of the

plant during 2015. Current performance information for the plant can be found on the NRC website.
### §14043e–2. Transferred

#### **Editorial Notes**

#### Codification

Section 14043e–2 was editorially reclassified as section 12473 of Title 34, Crime Control and Law Enforcement.
No. I-16-025 July 29, 2016 

Contact: Diane Screnci, 610-337-5330 

 Neil Sheehan, 610-337-5331 

 NRC Proposes $7,000 Fine Against New Jersey Company

for Violations at San Francisco Shipyard

The Nuclear Regulatory Commission has cited Tetra Tech EC, Inc., for an apparent violation of 

NRC requirements that occurred at the U.S. Navy’s Hunter’s Point Naval Shipyard site in California. 

The agency has proposed a $7,000 fine.

Hunter’s Point is being remediated under the Comprehensive Environmental Response, 

Compensation, and Liability Act of 1980, with Environmental Protection Agency oversight. Tetra Tech 

was contracted by the Department of the Navy to assist with the regulatory free-release and closure of 

the radiologically-impacted buildings and sites at the shipyard, under the Navy’s Base Realignment and 

Closure mandate. The NRC has jurisdiction over the northeast portion of the shipyard. NRC oversight 

involves ensuring that contractors with NRC service provider licenses, such as Tetra Tech, are 

conducting remediation activities safely. NRC is not overseeing the decommissioning of the site.

The Navy identified discrepancies in the soil sample survey data and Tetra Tech conducted an 

investigation to identify the inaccurate records. After the company reported the discrepancies to the 

NRC, an NRC investigation was conducted, which determined that two Tetra Tech workers, who 

worked within NRC jurisdiction, deliberately falsified soil samples on a number of occasions in late 

2011 through the summer of 2012. When tasked with obtaining soil samples to ascertain the amount of 

residual radioactivity in certain locations within Parcel C, the workers instead obtained soil samples 

from other areas that were suspected to be less contaminated and then created documents indicating the 

work had been done as expected. The company has since taken actions to prevent recurrence.

Tetra Tech has been issued a notice of violation for failing to make surveys within Parcel C that 

were reasonable to evaluate concentrations of residual radioactivity in the soil.

“Although the NRC investigation did not find information to suggest buildings, land or 

materials were inappropriately released for unrestricted use, the failure to perform reasonable surveys is 

a significant concern because that potential did exist,” said Region I Administrator Dan Dorman.

Tetra Tech is not required to respond to the notice of violation because the company has already 

provided information on the reason for the violation and the actions taken to prevent recurrence. The 

company has 30 days to pay the proposed civil penalty or to request in writing that all or part of it be 

withdrawn.
### Part F—National Advisory Council on Nurse Education and Practice

#### **Editorial Notes**

#### Codification

Pub. L. 111–148, title V, §5310(b)(8)(B), Mar. 23, 2010, 124 Stat. 631, redesignated part G "National Advisory Council on Nurse Education and Practice" as F.

#### Prior Provisions

A prior part F, consisting of section 297q, was redesignated part I (§298d) of this subchapter.
§ 312.12 Voluntary Commission Approval Processes. ( a ) *Parental consent methods.* An interested party may file a written request for Commission approval of parental consent methods not currently enumerated in § 312.5(b). To be considered for approval, a party must provide a detailed description of the proposed parental consent methods, together with an analysis of how the methods meet § 312.5(b)(1). The request shall be filed with the Commission's Office of the Secretary. The Commission will publish in the Federal Register a document seeking public comment on the request. The Commission shall issue a written determination within 120 days of the filing of the request; and
( b ) *Support for internal operations of the Web site or online service.* An interested party may file a written request for Commission approval of additional activities to be included within the definition of support for internal operations. To be considered for approval, a party must provide a detailed justification why such activities should be deemed support for internal operations, and an analysis of their potential effects on children's online privacy. The request shall be filed with the Commission's Office of the Secretary. The Commission will publish in the Federal Register a document seeking public comment on the request. The Commission shall issue a written determination within 120 days of the filing of the request.
#### § 316.6 Severability.

The provisions of this Part 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.
§ 1209.9 Labeling requirement. ( a ) Manufacturers, importers, and private labelers of cellulose insulation shall place on all containers of cellulose insulation the following statement: This product meets the amended CPSC standard for flame resistance and corrosiveness of cellulose insulation.
To meet this requirement manufacturers, importers, and private labelers may use any type of label, including one which is pressure sensitive or glued on, provided the label is made in such a manner that it will remain attached to the container for the expected time interval between the manufacture of the product and its installation.
( b ) This label shall appear prominently and conspicuously on the container in letters which are at least one-fourth inch in height. The labeling statement shall be printed with legible type in a color which contrasts with the background on which the statement is printed.
§ 1507.3 Fuses. ( a ) Fireworks devices that require a fuse shall: ( 1 ) Utilize only a fuse that has been treated or coated in such manner as to reduce the possibility of side ignition. Devices such as ground spinners that require a restricted orifice for proper thrust and contain less than 6 grams of pyrotechnic composition are exempted from § 1507.3(a)(1).
( 2 ) Utilize only a fuse which will burn at least 3 seconds but not more than 9 seconds before ignition of the device.
( b ) The fuse shall be securely attached so that it will support either the weight of the fireworks device plus 8 ounces of dead weight or double the weight of the device, whether is less, without separation from the fireworks device.
[41 FR 22935, June 8, 1976, as amended at 61 FR 67200, Dec. 20, 1996; 61 FR 67200, Dec. 20, 1996]
### §1406b. Expenses of uncompensated advisers serving United States Housing Authority away from home

On and after May 10, 1939, the funds made available for administrative expenses of the United States Housing Authority shall be available for the payment, when specifically authorized by the Administrator, of actual transportation expenses and not to exceed $10 per diem in lieu of subsistence and other expenses to persons serving, while away from their homes, without other compensation from the United States, in an advisory capacity to the Authority.

(May 10, 1939, ch. 119, §1, 53 Stat. 690.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the United States Housing Act of 1937 which comprises this chapter.

#### Prior Provisions

Provisions similar to those in this section were contained in act June 25, 1938, ch. 681, title I, 52 Stat. 1128.

#### **Statutory Notes and Related Subsidiaries; Executive Documents**

#### Transfer of Functions

The United States Housing Authority was consolidated with other agencies into the Housing and Home Finance Agency, and name of Authority changed to Public Housing Administration by Reorg. Plan No. 3 of 1947, eff. July 27, 1947, 12 F.R. 4981, 61 Stat. 954, set out in the Appendix to Title 5, Government Organization and Employees. Functions of Public Housing Administration and Housing and Home Finance Agency (of which Public Housing Administration was a constituent agency) and of heads thereof transferred to Secretary of Housing and Urban Development by Pub. L. 89–174, §5(a), Sept. 9, 1965, 79 Stat. 669, which is classified to section 3534(a) of this title. Section 9(c) of such act, set out as a note under section 3531 of this title, provided that references to Housing and Home Finance Agency or to any agency or officer therein are to be deemed to mean Secretary of Housing and Urban Development and that Housing and Home Finance Agency and Public Housing Administration have lapsed.