alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §§1 to 1j. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 1, acts July 1, 1902, ch. 1370, §1, 32 Stat. 712; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, provided that Public Health and Marine Hospital Service should be known as the Public Health Service. See section 202 of this title.

Section 1a, act Nov. 11, 1943, ch. 298, §1, 57 Stat. 587, provided for organization and function of Public Health Service. See section 203 of this title.

Section 1b, act Nov. 11, 1943, ch. 298, §2, 57 Stat. 587, provided for appointment of Assistant Surgeons General, their grade, pay, and allowances. See sections 206, 207, and 210 of this title.

Section 1c, act Nov. 11, 1943, ch. 298, §3, 57 Stat. 587, provided for chiefs of divisions, their grade, pay and allowances, and creation of a Dental Division and a Sanitary Engineering Division. See sections 206, 207, and 210 of this title.

Section 1d, act Nov. 11, 1943, ch. 298, §4, 57 Stat. 587, provided for temporary promotions in regular corps in time of war. See section 211 of this title.

Section 1e, act Nov. 11, 1943, ch. 298, §5, 58 Stat. 588, provided for review of record of officers above grade of assistant surgeon and their separation from service. See section 211 of this title.

Section 1f, act Nov. 11, 1943, ch. 298, §6, 58 Stat. 588, provided for an acting Surgeon General during absence of Surgeon General and Assistant to Surgeon General. See section 206 of this title.

Section 1g, act Nov. 11, 1943, ch. 298, §7, 57 Stat. 588, provided for death and disability benefits of commissioned officers during war and for transfer of Service to military forces. See sections 213 and 217 of this title.

Section 1h, act Nov. 11, 1943, ch. 298, §8, 57 Stat. 589, provided for commissioned officers' benefits as civil officers and employees of United States and election of benefits. See Title 5, Government Organization and Employees.

Section 1i, act Nov. 11, 1943, ch. 298, §9, 57 Stat. 589, provided for beneficiaries' benefits where commissioned officer lost his life on active duty between Dec. 7, 1941, and Nov. 11, 1943.

Section 1j, act Nov. 11, 1943, ch. 298, §11, 57 Stat. 589, provided for transfer of appropriations to continue transferred functions. See note set out under section 201 of this title.

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

#### Renumbering and Repeal of Repealing Act

Title XIII, §1313, formerly title VI, §611, of act July 1, 1944, which repealed these sections, was renumbered title VII, §711, by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713, by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; title VIII, §813, by act July 30, 1956, ch. 779, §3(b), 70 Stat. 721; title IX, §913, by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; title X, §1013, by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; title XI, §1113, by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; title XII, §1213, by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; title XIII, §1313, by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.
#### In the Matter of the Arbitration between Arthur J. Kane, Inc., Appellant, and Kluger, Inc., Respondent.

Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See *ante,*p. 801.]
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.15c1-5 Disclosure of control.

The term *manipulative, deceptive, or other fraudulent device or contrivance,* as used in section 15(c)(1) of the Act, is hereby defined to include any act of any broker, dealer or municipal securities dealer controlled by, controlling, or under common control with, the issuer of any security, designed to effect with or for the account of a customer any transaction in, or to induce the purchase or sale by such customer of, such security unless such broker, dealer or municipal securities dealer, before entering into any contract with or for such customer for the purchase or sale of such security, discloses to such customer the existence of such control, and unless such disclosure, if not made in writing, is supplemented by the giving or sending of written disclosure at or before the completion of the transaction.

[41 FR 22825, June 7, 1976]
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.12a-7 Exemption of stock contained in standardized market baskets from section 12(a) of the Act. ( a ) Any component stock of a standardized market basket shall be exempt from the registration requirement of section 12(a) of the Act, solely for the purpose of inclusion in a standardized market basket, provided that all of the following terms and conditions are met: ( 1 ) The standardized market basket has been duly approved by the Commission for listing on a national securities exchange pursuant to the requirements of section 19(b) of the Act; and
( 2 ) The stock is an NMS stock as defined in § 242.600 of this chapter and is either: ( i ) Listed and registered for trading on a national securities exchange by the issuer or
( ii ) Quoted on the National Association of Securities Dealers Automated Quotation System;
( b ) When used in this rule, the term standardized market basket means a group of at least 100 stocks purchased or sold in a single execution and at a single trading location with physical delivery and transfer of ownership of each component stock resulting from such execution.
[56 FR 28322, June 20, 1991, as amended at 70 FR 37618, June 29, 2005]
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.15b1-6 Notice to brokers and dealers of requirements regarding lost securityholders and unresponsive payees.

Brokers and dealers are hereby notified of Rule 17Ad-17 (§ 240.17Ad-17), which addresses certain requirements with respect to lost securityholders and unresponsive payees that may be applicable to them.

[78 FR 4783, Jan. 23, 2013]
#### UNITED STATES of America, Plaintiff-Appellee, v. Lawrence GIRTLEY, also known as Pee Wee, Defendant-Appellant.

No. 05-30345

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

June 14, 2007.

*138Michael Monroe Simpson, William P. Gibbens, U.S. Attorney’s Office, Eastern District of Louisiana, New Orleans, LA, for Plaintiff-Appellee.

Lawrence Girtley, Oakdale, LA, pro se.

Walter Keith Hurtt, Jr., Law Offices of W. Keith Hurtt, New Orleans, LA, for Defendant-Appellant.

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

Court-appointed counsel for Lawrence Girtley has filed a motion seeking leave to withdraw and has filed a brief as required by *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Girtley was convicted following a guilty plea of conspiracy to possess with the intent to distribute 5 kilograms or more of cocaine hydrochloride and 50 grams or more of cocaine base and was sentenced to 120 months of imprisonment.

Girtley had 10 days from the entry of the December 16, 2004, judgment to file a timely notice of appeal. *See*Fed. R.App. P. 4(b)(1)(A). Girtley’s pro se notice of appeal was untimely. *See id.*A district court may grant a defendant an additional 30 days in which to file a notice of appeal upon a showing of excusable neglect or good cause. *See*Fed. R.App. P. 4(b)(4). Girtley’s notice of appeal, which was filed within this 30-day period, sufficed as a motion for a finding on excusable neglect or good cause. *See United States v. Golding,*739 F.2d 183, 184 (5th Cir.1984).

Accordingly, counsel’s motion is held in abeyance and the case is remanded to the district court for the limited purpose of a finding under Fed. R.App. P. 4(b)(4). *Id.*Upon making the finding, the district court shall promptly return the case to this court for dismissal or further proceedings, as may be appropriate. We retain jurisdiction over the appeal except for the purposes of the limited remand.

LIMITED REMAND; MOTION HELD IN ABEYANCE PENDING REMAND.

*

 Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Fourth Department,

June,- 1949.

(June 24, 1949.)

#### In the Matter of the Estate of Andrew Kramek, Deceased. State Tax Commission, Appellant; Anna Kramek, as Administratrix of the Estate of Andrew Kramek, Deceased, Respondent.

All concur, except McCum and Kimball, JJ., who dissent and vote for modification in accordance with the following memorandum: The facts set forth in the tax schedules were not litigated when the *pro forma*order was made but were assumed to be true. The order made within two years modifying the *pro forma*order was within the power of the Surrogate. *(Matter of Willets,*119 App. Div. 119, affd. 190 N. Y. 527; *Matter of Troescher,*265 App. Div. 971, affd. 291 N. Y. 760; see, also, Tax Law § 249-aa.) The petitioner having moved to modify the *pro forma*order, the burden was upon her to show facts which would justify such modification. Moreover, it was incumbent upon the petitioner to establish the facts which would bring the property held by herself and decedent as tenants by the entirety within the exceptions specified in section 249-r of the Tax Law. *(Matter of Crump,*289 N. Y. 287, 291; *Foster*v. *Commissioner of Internal Revenue,*90 F. 2d 486.) The petitioner does not allege that the original purchase price of parcels A, B, D, and E, held by herself and decedent as tenants by the entirety, was paid by her or that no part of the same was furnished by the decedent. Consequently the petition fails to provide a basis for fixing the taxable value of these parcels at less than their full value. *(Foster*v. *Commissioner of Internal Revenue, supra.)*We therefore dissent from that part of the decision being made which relates to parcels A, B, D, and E, and vote to modify the order appealed from so as to include the full value of parcels of A, B, D, and E, in the gross estate. (The order vacates a *pro forma*taxing order and directs a refund to the estate of an overpayment in taxes.) Present — Taylor, P. J., McCum, Vaughan, Kimball and Piper, JJ.
#### Thomas Fahrenholz, Respondent, v Security Mutual Insurance Company, Appellant, and The Kreiner Company, Inc., Respondent.

(Appeal No. 3.)

[821 NYS2d 512]

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered September 20, 2005. The order granted plaintiffs motion seeking, inter alia, to add interest to the amount of the verdict.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs *(see De Long Corp. v Morrison-Knudsen Co.,*14 NY2d 346, 347-348 [1964]; *see also*CPLR 5501 [a] [1]). Present — Hurlbutt, J.P., Scudder, Gorski and Green, JJ.
#### Paula Prokop, Respondent, v. Andrew Litcher, Appellant.

Order modified by imposing as a condition of opening the default the payment within ten days of the costs as taxed, $83.02; and as modified affirmed, without costs. No opinion. Order to be settled on notice. Present— Clarke, P. J., Laughlin, Dowling, Smith and Davis, JJ.
### §18114. Access to therapies

Notwithstanding any other provision of this Act, the Secretary of Health and Human Services shall not promulgate any regulation that—

(1) creates any unreasonable barriers to the ability of individuals to obtain appropriate medical care;

(2) impedes timely access to health care services;

(3) interferes with communications regarding a full range of treatment options between the patient and the provider;

(4) restricts the ability of health care providers to provide full disclosure of all relevant information to patients making health care decisions;

(5) violates the principles of informed consent and the ethical standards of health care professionals; or

(6) limits the availability of health care treatment for the full duration of a patient's medical needs.

(Pub. L. 111–148, title I, §1554, Mar. 23, 2010, 124 Stat. 259.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119, known as the Patient Protection and Affordable Care Act. For complete classification of this Act to the Code, see Short Title note set out under section 18001 of this title and Tables.
§ 242.808 Availability of public information. ( a ) The Commission shall make publicly available on its website the following parts of an application to register as a security-based swap execution facility, unless confidential treatment is obtained pursuant to § 240.24b-2 of this chapter: ( 1 ) Transmittal letter and first page of the application cover sheet;
( 2 ) Exhibit C;
( 3 ) Exhibit G;
( 4 ) Exhibit L; and
( 5 ) Exhibit M.
( b ) The Commission shall make publicly available on its website, unless confidential treatment is obtained pursuant to § 240.24b-2 of this chapter, a security-based swap execution facility's filing of new products pursuant to the self-certification procedures of § 242.804, new products for Commission review and approval pursuant to § 242.805, new rules and rule amendments for Commission review and approval pursuant to § 242.806, and new rules and rule amendments pursuant to the self-certification procedures of § 242.807.
( c ) The terms and conditions of a product submitted to the Commission pursuant to § 242.804, § 242.805, § 242.806, or § 242.807 shall be made publicly available at the time of submission unless confidential treatment is obtained pursuant to § 240.24b-2 of this chapter.
#### Luigi Casella, Respondent, v. Arnold Mosher et al., Doing Business as Arnold Mosher and Son, Appellants.

Motion to dismiss appeal granted, by default. Present — Bergan, J. P., Coon, Halpern, Imrie and Zeller, JJ.
§ 148.11 Contents of application. ( a ) An application for an award of fees and expenses under the Act shall identify the applicant and the adjudicatory proceeding for which an award is sought. The application shall show that the applicant has prevailed and identify the position of the Commission or other agency that the applicant alleges was not substantially justified. Unless the applicant is an individual, the application shall also state the number of employees of the applicant and describe briefly the type and purpose of its organization or business.
( b ) The application shall also include a statement that the applicant's net worth does not exceed $2 million (if an individual) or $7 million (for all other applicants, including their affiliates). However, an applicant may omit this statement if: ( 1 ) It attaches a copy of a ruling by the Internal Revenue Service that it qualifies as an organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) or, in the case of a tax-exempt organization not required to obtain a ruling from the Internal Revenue Service on its exempt status, a statement that describes the basis for the applicant's belief that it qualifies under such section; or
( 2 ) It states that it is a cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)).
( c ) The application shall state the amount of fees and expenses for which an award is sought.
( d ) The application may also include any other matters that the applicant wishes the Commission to consider in determining whether and in what amount an award should be made.
( e ) The application shall be signed by the applicant or an authorized officer or attorney of the applicant. It shall also contain or be accompanied by a written verification under oath or under penalty of perjury that the information provided in the application is true and correct.
[46 FR 57671, Nov. 25, 1981, as amended at 51 FR 18880, May 23, 1986]
### §12149. Regulations

#### (a) In general

Not later than 1 year after July 26, 1990, the Secretary of Transportation shall issue regulations, in an accessible format, necessary for carrying out this subpart (other than section 12143 of this title).

#### (b) Standards

The regulations issued under this section and section 12143 of this title shall include standards applicable to facilities and vehicles covered by this part. The standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 12204 of this title.

(Pub. L. 101–336, title II, §229, July 26, 1990, 104 Stat. 345.)

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

#### Effective Date

Section effective July 26, 1990, see section 231(b) of Pub. L. 101–336, set out as a note under section 12141 of this title.
### §§1593 to 1593d. Repealed. June 30, 1953, ch. 170, §19, 67 Stat. 126

Section 1593, acts Sept. 1, 1951, ch. 378, title IV, §401, 65 Stat. 310; July 14, 1952, ch. 723, §10(d), 66 Stat. 604, related to acquisition of land for housing and community facilities.

Section 1593a, act Sept. 1, 1951, ch. 378, title IV, §402, 65 Stat. 310, related to acquisition of land for defense installations.

Section 1593b, act Sept. 1, 1951, ch. 378, title IV, §403, 65 Stat. 311, related to payment of annual sums to local authorities in lieu of taxes.

Section 1593c, act Sept. 1, 1951, ch. 378, title IV, §404, 65 Stat. 311, related to use of Treasury moneys.

Section 1593d, act Sept. 1, 1951, ch. 378, title IV, §405, 65 Stat. 311, related to acquisition of land for privately financed defense housing.
§ 230.489 Filing of form by foreign banks and insurance companies and certain of their holding companies and finance subsidiaries. ( a ) The following foreign issuers shall file Form F-N [17 CFR 239.43] under the Act appointing an agent for service of process when filing a registration statement under the Act: ( 1 ) A foreign issuer that is a foreign bank or foreign insurance company excepted from the definition of investment company by rule 3a-6 (17 CFR 270.3a-6) under the Investment Company Act of 1940 (the “1940 Act”);
( 2 ) A foreign issuer that is a finance subsidiary of a foreign bank or foreign insurance company, as those terms are defined in rule 3a-6 under the 1940 Act, if the finance subsidiary is excepted from the definition of investment company by rule 3a-5 [17 CFR 270.3a-5] under the 1940 Act; or
( 3 ) A foreign issuer that is excepted from the definition of investment company by rule 3a-1 (17 CFR 270.3a-1) under the 1940 Act because some or all of its majority-owned subsidiaries are foreign banks or insurance companies excepted from the definition of investment company by rule 3a-6 under the 1940 Act.
( b ) The requirements of paragraph (a) of this section shall not apply to: ( 1 ) A foreign issuer that has filed Form F-X (17 CFR 239.42) under the Securities Act of 1933 with respect to the securities being offered; and
( 2 ) A foreign issuer filing a registration statement relating to debt securities or non-voting preferred stock that has on file with the Commission a currently accurate Form N-6C9 (17 CFR 274.304, rescinded) under the 1940 Act.
( c ) Six copies of Form F-N, one of which shall be manually signed, shall be filed with the Commission at its principal office.
[56 FR 56299, Nov. 4, 1991]
### §18323. Multi-purpose crew vehicle

#### (a) Initiation of development

#### (1) In general

The Administrator shall continue the development of a multi-purpose crew vehicle to be available as soon as practicable, and no later than for use with the Space Launch System. The vehicle shall continue to advance development of the human safety features, designs, and systems in the Orion project.

#### (2) Goal for operational capability

It shall be the goal to achieve full operational capability for the transportation vehicle developed pursuant to this subsection by not later than December 31, 2016. For purposes of meeting such goal, the Administrator may undertake a test of the transportation vehicle at the ISS before that date.

#### (b) Minimum capability requirements

The multi-purpose crew vehicle developed pursuant to subsection (a) shall be designed to have, at a minimum, the following:

(1) The capability to serve as the primary crew vehicle for missions beyond low-Earth orbit.

(2) The capability to conduct regular in-space operations, such as rendezvous, docking, and extra-vehicular activities, in conjunction with payloads delivered by the Space Launch System developed pursuant to section 18322 of this title, or other vehicles, in preparation for missions beyond low-Earth orbit or servicing of assets described in section 18383 of this title, or other assets in cis-lunar space.

(3) The capability to provide an alternative means of delivery of crew and cargo to the ISS, in the event other vehicles, whether commercial vehicles or partner-supplied vehicles, are unable to perform that function.

(4) The capacity for efficient and timely evolution, including the incorporation of new technologies, competition of sub-elements, and commercial operations.

(Pub. L. 111–267, title III, §303, Oct. 11, 2010, 124 Stat. 2815.)
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.1 Form 1, for application for, and amendments to applications for, registration as a national securities exchange or exemption from registration pursuant to Section 5 of the Exchange Act.

The form shall be used for application for, and amendments to applications for, registration as a national securities exchange or exemption from registration pursuant to Section 5 of the Act, (15 U.S.C. 78e).

[63 FR 70925, Dec. 22, 1998]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form 1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
### §18777. Harmonization of efforts and data

Not later than 1 year after November 15, 2021, the Administrator shall establish a system to harmonize, to the maximum extent practicable and consistent with data integrity—

(1) the data collection efforts of the Administrator, including any data collection required under this subchapter, with the data collection efforts of—

(A) the Environmental Protection Agency, as the Administrator determines to be appropriate;

(B) other relevant Federal agencies, as the Administrator determines to be appropriate; and

(C) State or regional energy credit registries, as the Administrator determines to be appropriate;

(2) the data collected under this subchapter, including the operating data on electricity generation collected under section 18772(a) of this title, with data collected by the entities described in subparagraphs (A) through (C) of paragraph (1), including any measurements of greenhouse gas and other pollutant emissions collected by the Environmental Protection Agency, as the Administrator determines to be appropriate; and

(3) the efforts of the Administrator to identify and report relevant impacts, opportunities, and patterns with respect to energy use, including the identification of community-level economic and environmental impacts required under section 18773(b)(1)(C) of this title, with the efforts of the Environmental Protection Agency and other relevant Federal agencies, as determined by the Administrator, to identify similar impacts, opportunities, and patterns.

(Pub. L. 117–58, div. D, title IV, §40419, Nov. 15, 2021, 135 Stat. 1047.)

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

#### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.