alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 31.15 Reporting to leverage customers. Each leverage transaction merchant shall furnish in writing directly to each leverage customer: ( a ) Promptly upon the repurchase, resale, liquidation, rescission or delivery of a leverage contract, a statement showing the financial result of the transactions involved, including the gain or loss on the leverage contract as well as the commission and other charges;
( b ) As of the close of the last business day of each calendar month or as of any regular monthly date selected a statement which clearly shows: ( 1 ) All leverage contracts which were terminated for or by the leverage customer during the monthly reporting period by leverage commodity and contract, the number of contracts involved, the transaction identification number for each leverage contract, whether the terminating transaction involved repurchase, resale, liquidation, rescission, or delivery, the date the contract was initially entered into, the value of the contract when initiated, the date the contract was terminated, the value of the contract when terminated, and the realized profit or loss on the contract;
( 2 ) The open leverage contract positions carried for the leverage customer by leverage commodity and contract, whether the position is a long or short leverage contract, the dates on which such contracts were executed and their maturity dates, the number of contracts, the total value of the contracts when initiated, and the unrealized profit or loss on each such contract marked to the market on the basis of the leverage transaction merchant's bid price for a long leverage contract and ask price for a short leverage contract.
( 3 ) The net ledger balance carried in the leverage customer's account as of the monthly closing date and a complete accounting of any leverage customer funds held for the leverage customer;
( 4 ) A detailed accounting of all financial charges and credits to the previous ledger balance during the monthly reporting period, including all leverage customer funds received from or disbursed to the leverage customer, and all commissions and fees incidental to the contract which have been charged and received, as well as all realized profits and losses; and
( 5 ) Any securities or other property which the leverage customer has deposited with the leverage transaction merchant that represent leverage customer funds. The monthly statement must also contain the following bold-faced legend in at least ten-point type: IF YOU BELIEVE YOUR MONTHLY STATEMENT IS INACCURATE YOU SHOULD PROMPTLY CONTACT (*name of LTM*) AT (*telephone number*).
( c ) With respect to any leverage account controlled by any person other than the leverage customer for whom the account is carried, except such leverage customer's spouse, parent or child, a copy of the statements required by paragraphs (a) and (b) of this section shall be sent to the controller of the account as well as to the leverage customer for whom such account is carried.
(Secs. 8a(5) and 19 of the Commodity Exchange Act, as amended, 7 U.S.C. 12a(5) and 23 (1982))
[49 FR 5539, Feb. 13, 1984, as amended at 50 FR 33, Jan. 2, 1985; 50 FR 2283, Jan. 16, 1985]
§ 242.1004 SCI entity business continuity and disaster recovery plans testing requirements for members or participants. With respect to an SCI entity's business continuity and disaster recovery plans, including its backup systems, each SCI entity shall: ( a ) Establish standards for the designation of those members or participants that the SCI entity reasonably determines are, taken as a whole, the minimum necessary for the maintenance of fair and orderly markets in the event of the activation of such plans;
( b ) Designate members or participants pursuant to the standards established in paragraph (a) of this section and require participation by such designated members or participants in scheduled functional and performance testing of the operation of such plans, in the manner and frequency specified by the SCI entity, provided that such frequency shall not be less than once every 12 months; and
( c ) Coordinate the testing of such plans on an industry- or sector-wide basis with other SCI entities.
tAA - 2.0'0 - Os-I"

Contacts. With whom outside the FAA has this proposal been discussed?

Organization PersonContacted

National Business Aircrafl A~sodation Eli Coni

Date

,y.j "?: I/'il

....., -" .. /

Response

Rl'giomti Airline Association

Aircraft Owners S.: Pilots Association

ATA

1>:1vc Loiterer

Robert Iia('kman

Craig fabi:1lI

M Lopez

,
§ 12.35 Consequences of a party's failure to comply with a discovery order. If a party fails to comply with an order compelling discovery, or an order issued pursuant to § 12.34, the official assigned to render the decision in the case may, upon motion by a party or on the official's own motion, take such action in regard thereto as is just, including but not limited to the following: ( a ) Infer that the documents or things not produced would have been adverse to the party;
( b ) Rule that for the purposes of the proceeding the information in or contents of the documents or things not produced be taken as established adversely to the party;
( c ) Rule that the party may not be heard to object to introduction and use of secondary evidence to show what the withheld documents or other evidence would have shown;
( d ) Rule that a pleading, or part of a pleading, or a motion or other submission by the party, to which the order for production related, be stricken;
( e ) Dismiss the entire proceeding with prejudice to matters alleged in the complaint, but without prejudice to counterclaims; and
( f ) Issue a default order and render a decision against the party, whose rights shall thereafter be determined by §§ 12.22 and 12.23 of these rules.
[49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64356, Nov. 18, 2021]
[Federal Register Volume 69, Number 238 (Monday, December 13, 2004)]
[Rules and Regulations]
[Page 72111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27225]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2004-19330; Airspace Docket No. 04-ACE-59]


Modification of Class E Airspace; Hastings, NE

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; confirmation of effective date.

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

SUMMARY: This document confirms the effective date of the direct final 
rule which revises Class E airspace at Hastings, NE.

EFFECTIVE DATE: 0901 UTC, January 20, 2005.

FOR FURTHER INFORMATION CONTACT: Brenda Mumper, Air Traffic Division, 
Airspace Branch, ACE-520A, DOT Regional Headquarters Building, Federal 
Aviation Administration, 901 Locust, Kansas City, MO 64106; telephone: 
(816) 329-2524.

SUPPLEMENTARY INFORMATION: The FAA published this direct final rule 
with a request for comments in the Federal Register on October 29, 2004 
(69 FR 63061). The FAA uses the direct final rulemaking procedure for a 
non-controversial rule where the FAA believes that there will be no 
adverse public comment. This direct final rule advised the public that 
no adverse comments were anticipated, and that unless a written adverse 
comment, or a written notice of intent to submiss such an adverse 
comment, were received within the comment period, the regulation would 
become effective on January 20, 2005. No adverse comments were 
received, and thus this notice confirms that this direct final rule 
will become effective on that date.

    Issued in Kansas City, MO on November 30, 2004.
Anthony D. Roetzel,
Acting Area Director, Western Flight Services Operations.
[FR Doc. 04-27225 Filed 12-10-04; 8:45 am]
BILLING CODE 4910-13-M
MP5346 -Quality Assurance

MP5346.1 - GENERAL

MP5346.103 - Contracting Office Responsibilities

MP5346.1 - GENERAL

MP5346.103 - Contracting Office Responsibilities

Revised: June 2023

The following mandatory procedures will be used when awarding services acquisitions unless the

three conditions at DFARS PGI 201.602-2(v)(A) are met.

1. Roles and Responsibilities

a. The COCO/Chiefs of Performance Management Offices must ensure that a:

(1) Quality Assurance Program Coordinator (QAPC) is appointed and properly trained to integrate

the quality contract requirements into the quality assurance program, act as the liaison between the

contracting and functional organizations, and provide training and record keeping in accordance

with MP5301.602-2(d).

b. The CO must:

(1) Advise the acquisition team on Quality Assurance Surveillance Plan development.

(2) Designate Contracting Officer’s Representatives (COR) in accordance with MP5301.602-2(d)

c. The QAPC must:

(1) Successfully complete the QAPC course conducted by AETC prior to conducting any training.

(2) Support the acquisition team in the development of contract quality assurance requirements

specifically ensuring that requirements are clearly stated and enforceable.

(3) Assist the acquisition team during market research efforts in determining commercial quality

assurance practices.

(4) Assist, as required, with the evaluation of contractor Quality Control Plans.

(5) Successfully complete the Management of Subcontracting Compliance (CLC 059) course offered

by the Defense Acquisition University (DAU) A new requirement for 1102’s and CORs.
### §2021i. Licensing review and approval

In order to ensure the timely development of new low-level radioactive waste disposal facilities, the Nuclear Regulatory Commission or, as appropriate, agreement States, shall consider an application for a disposal facility license in accordance with the laws applicable to such application, except that the Commission and the agreement state 1 shall—

(1) not later than 12 months after January 15, 1986, establish procedures and develop the technical capability for processing applications for such licenses;

(2) to the extent practicable, complete all activities associated with the review and processing of any application for such a license (except for public hearings) no later than 15 months after the date of receipt of such application; and

(3) to the extent practicable, consolidate all required technical and environmental reviews and public hearings.

(Pub. L. 96–573, §9, as added Pub. L. 99–240, title I, §102, Jan. 15, 1986, 99 Stat. 1859.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Low-Level Radioactive Waste Policy Act, and not as part of the Atomic Energy Act of 1954 which comprises this chapter.

1 So in original. Probably should be "States".
EXHIBIT 23



                        CONSENT OF DELOITTE & TOUCHE LLP


     We consent to the incorporation by reference in Registration Statement No.
333-11525 of Colorado Interstate Gas Company on Form S-3 of our report dated
February 4, 1999, appearing in this Annual Report on Form 10-K of Colorado
Interstate Gas Company for the year ended December 31, 1998.





DELOITTE & TOUCHE LLP



Houston, Texas
March 24, 1999
#### General Motors Acceptance Corporation, Respondent, v FMJ Computer Services, Inc., Doing Business as FMJ Computer Systems, et al., Defendants, and Allen Kligerman et al., Appellants.

[716 NYS2d 618]

Crew III, J.

Appeal from an order of the Supreme Court (Malone, Jr., J.), entered June 25, 1999 in Albany County, which, *inter alia,*granted plaintiff’s motion for summary judgment.

Of the various arguments raised by defendants Allen Kligerman and Kenneth Kligerman (hereinafter collectively referred to as defendants) on appeal, only their challenge to the amount of the counsel fees awarded by Supreme Court warrants any discussion. Defendants, as so limited by their brief, contend that the fees awarded were excessive, citing billing entries that purportedly include costs associated with plaintiff’s claims against defendants FMJ Computer Services, Inc. and Francis J. Rovito. Although plaintiff’s counsel averred that he reviewed the entries submitted to Supreme Court and deleted any charge that was not directly attributable to plaintiffs claims against defendants, we are of the view that defendants have raised a question of fact as to the reasonableness of the fees awarded. Accordingly, this matter is remitted to Supreme Court for the *544limited purpose of conducting a hearing as to the reasonableness of the counsel fees sought by plaintiff.

Peters, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the decision is withheld, and matter remitted to the Supreme Court for further proceedings not inconsistent with this Court’s decision.
§ 270.3c-5 Beneficial ownership by knowledgeable employees and certain other persons. ( a ) As used in this section: ( 1 ) The term *Affiliated Management Person* means an affiliated person, as such term is defined in section 2(a)(3) of the Act [15 U.S.C. 80a-2(a)(3)], that manages the investment activities of a Covered Company. For purposes of this definition, the term “investment company” as used in section 2(a)(3) of the Act includes a Covered Company.
( 2 ) The term *Covered Company* means a Section 3(c)(1) Company or a Section 3(c)(7) Company.
( 3 ) The term *Executive Officer* means the president, any vice president in charge of a principal business unit, division or function (such as sales, administration or finance), any other officer who performs a policy-making function, or any other person who performs similar policy-making functions, for a Covered Company or for an Affiliated Management Person of the Covered Company.
( 4 ) The term *Knowledgeable Employee* with respect to any Covered Company means any natural person who is: ( i ) An Executive Officer, director, trustee, general partner, advisory board member, or person serving in a similar capacity, of the Covered Company or an Affiliated Management Person of the Covered Company; or
( ii ) An employee of the Covered Company or an Affiliated Management Person of the Covered Company (other than an employee performing solely clerical, secretarial or administrative functions with regard to such company or its investments) who, in connection with his or her regular functions or duties, participates in the investment activities of such Covered Company, other Covered Companies, or investment companies the investment activities of which are managed by such Affiliated Management Person of the Covered Company, *provided that* such employee has been performing such functions and duties for or on behalf of the Covered Company or the Affiliated Management Person of the Covered Company, or substantially similar functions or duties for or on behalf of another company for at least 12 months.
( 5 ) The term *Section 3(c)(1) Company* means a company that would be an investment company but for the exclusion provided by section 3(c)(1) of the Act [15 U.S.C. 80a-3(c)(1)].
( 6 ) The term *Section 3(c)(7) Company* means a company that would be an investment company but for the exclusion provided by section 3(c)(7) of the Act [15 U.S.C. 80a-3(c)(7)].
( b ) For purposes of determining the number of beneficial owners of a Section 3(c)(1) Company, and whether the outstanding securities of a Section 3(c)(7) Company are owned exclusively by qualified purchasers, there shall be excluded securities beneficially owned by: ( 1 ) A person who at the time such securities were acquired was a Knowledgeable Employee of such Company;
( 2 ) A company owned exclusively by Knowledgeable Employees;
( 3 ) Any person who acquires securities originally acquired by a Knowledgeable Employee in accordance with this section, provided that such securities were acquired by such person in accordance with § 270.3c-6
[62 FR 17529, Apr. 9, 1997]
#### § 204.32 Definitions.

The following definitions apply to this regulation:

*Chairman* means the Chairman of the Securities and Exchange Commission.

*Commission* means the Securities and Exchange Commission.

*Creditor agency* means the agency to which the debt is owed.

*Debt* means an amount owed to the United States from sources which include but are not necessarily limited to, erroneous payments made to employees such as overpayment of benefits, salary or other allowances; loans when insured or guaranteed by the United States; and other amounts due the United States from fees, leases, rents, royalties, services, sales of real or personal property, overpayment, penalties, damages, interest, fines and forfeitures (except those arising under the Uniform Code of Military Justice) and all other similar sources.

*Disposable pay* means the amount that remains from an employee's federal pay after required deductions for federal, state and local income taxes; Social Security taxes, including Medicare taxes; federal retirement programs; premiums for life and health insurance benefits; and such other deductions that are required by law to be withheld. (See 5 CFR 581.105(b) through (f) for items required by law to be withheld, and therefore excluded from disposable pay for the purposes of this regulation.)

*Employee* means a current employee of the Securities and Exchange Commission, or other agency, including an active duty member or reservist in the U.S. Armed Forces or a former employee (or former active duty member or Reservist in the Armed Forces) with a current pay account.

*FCCS* means the Federal Claims Collection Standards jointly published by the Justice Department and the Department of the Treasury at 31 CFR parts 900-904.

*Hearing official* means an individual responsible for conducting any hearing with respect to the existence or amount of a debt claimed, and who renders a decision on the basis of such hearing. A hearing official may not be under the Chairman's supervision or control, except that nothing in this regulation shall be construed to prohibit the appointment of an administrative law judge.

*Pay* means basic pay, special pay, incentive pay, retired pay, retainer pay, or in the case of an individual not entitled to basic pay, other authorized pay.

*Program official* means, for the purpose of implementing this offset regulation, the Chief Financial Officer or designee.

*Salary offset* means an administrative offset to collect a debt under 5 U.S.C. 5514 by deduction(s), at one or more officially established pay intervals, from the current pay account of an employee, without his or her consent.

*Waiver* means the cancellation, remission, forgiveness, or non-recovery of a debt allegedly owed by an employee to an agency as permitted or required by 5 U.S.C. 5584, 10 U.S.C. 2774, 32 U.S.C. 716, 5 U.S.C. 8346(b), or any other law.

[58 FR 38520, July 19, 1993, as amended at 66 FR 54131, Oct. 26, 2001; 76 FR 60372, Sept. 29, 2011]
INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in this  Registration  Statement of
CNA Financial Corporation on Form S-8, filed on or about October 8, 1998, of our
reports dated February 18, 1998,  appearing in or  incorporated  by reference in
the Annual Report on Form 10-K of CNA Financial Corporation and subsidiaries for
the year ended December 31, 1997.


/S/DELOITTE & TOUCHE LLP
Deloitte & Touche LLP
Chicago, Illinois
October 8, 1998
PUBLIC LAW 115–370—DEC. 21, 2018 132 STAT. 5105 

LEGISLATIVE HISTORY—H.R. 6347 (S. 3552): 

HOUSE REPORTS: No. 115–940 (Comm. on Small Business). 

SENATE REPORTS: No. 115–437 (Comm. on Small Business and Entrepreneurship) accompanying S. 3552. 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Sept. 25, considered and passed House. 

Dec. 19, considered and passed Senate. 

Æ 

Public Law 115–370 

115th Congress 

An Act 

To adjust the real estate appraisal thresholds under the 7(a) program to bring 

them into line with the thresholds used by the Federal banking regulators, 

and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘7(a) Real Estate Appraisal 

Harmonization Act’’. 

SEC. 2. APPRAISAL THRESHOLDS. 

Section 7(a)(29) of the Small Business Act (15 U.S.C. 636(a)(29)) 

is amended— 

(1) by redesignating subparagraphs (A) and (B) as clauses 

(i) and (ii), respectively, and adjusting the margins of such 

clauses accordingly; 

(2) by striking ‘‘With respect to’’ and inserting the following: 

‘‘(A) IN GENERAL.—With respect to’’; 

(3) in clause (i), as so redesignated, by striking ‘‘for more than $250,000’’ and inserting ‘‘, if such loan is in an amount 

greater than the Federal banking regulator appraisal 

threshold’’; 

(4) in clause (ii), as so redesignated, by striking ‘‘for $250,000 or less’’ and inserting ‘‘, if such loan is in an amount 

equal to or less than the Federal banking regulator appraisal 

threshold’’; and 

(5) by adding at the end the following: 

‘‘(B) FEDERAL BANKING REGULATOR APPRAISAL

THRESHOLD DEFINED.—For purposes of this paragraph, the 

term ‘Federal banking regulator appraisal threshold’ means 

the lesser of the threshold amounts set by the Board of 

Governors of the Federal Reserve System, the Comptroller 

of the Currency, and the Federal Deposit Insurance Corporation for when a federally related transaction that is 

a commercial real estate transaction requires an appraisal 

prepared by a State licensed or certified appraiser.’’. 

Approved December 21, 2018. 

7(a) Real Estate 

Appraisal 

Harmonization 

Act. 

15 USC 631 note. 

Dec. 21, 2018 

[H.R. 6347] 


dkrause on DSKBC28HB2PROD with PUBLAWS
#### Patricia Donelly Gilbert, Respondent, v Robert Randall Gilbert, Appellant.

[820 NYS2d 609]

In an action for a divorce and ancillary relief, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Yancey, J.), dated January 3, 2005, as directed him to pay the plaintiff child support arrears in the amount of $20,023, and awarded the plaintiff an attorney’s fee in the amount of $5,000.

Ordered that the order is reversed insofar as appealed from, *417on the law, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a recalculation of the amount of child support arrears.

The Supreme Court incorrectly calculated the defendant’s child support and child care obligations, and we have remitted the matter to the Supreme Court, Kings County, for recalculation *(see Gilbert v Gilbert,*32 AD3d 414 [2006] [decided herewith]). Thus, the Supreme Court must also recalculate the child support arrears owed by the defendant.

In addition, the Supreme Court erred in failing to terminate the existing pendente lite order for the period between its decision after trial and the entry of judgment while obligating the defendant to pay child support from the date of the decision. This resulted in a double shelter allowance during that period. Likewise, the plaintiff was receiving 100% of the rental income from a portion of the second marital residence during this period. Consequently, upon remittitur, the Supreme Court must recalculate the arrears in child support, if any, or the credit to which the defendant may be entitled. In so doing, the court must credit the defendant with that portion of his mortgage payments and other carrying charges for the period between the Supreme Court’s decision and the entry of judgment that exceed his interest in the second marital residence resulting from the recalculation on remittitur in the companion appeal *(see Gilbert v Gilbert, supra).*The court must also credit the defendant with that portion of the rental income representing his interest in the second marital residence.

Finally, in view of the foregoing and under the relative financial circumstances of the parties, we vacate the award of an attorney’s fee to the plaintiff. Crane, J.P., Goldstein, Luciano and Covello, JJ., concur.