alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Frederick Hawkes, Respondent, v Bonnie Hawkes, Appellant.

[821 NYS2d 141]

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J), entered December 5, 2005 in a divorce action. The order adjudged that plaintiff is entitled to a divorce from defendant on the ground of cruel and inhuman treatment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present — Pigott, Jr., P.J., Hurlbutt, Scudder, Kehoe and Green, JJ.
#### Joel M. Morgan, Appellant, v National City Bank et al., Respondents.

(Appeal No. 1.)

[821 NYS2d 522]

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered December 20, 2004 in a personal injury action. The order denied plaintiffs motion to set aside the jury verdict.

It is hereby ordered that said appeal be and the same hereby is dismissed without costs *(see Smith v Catholic Med. Ctr. of Brooklyn & Queens,*155 AD2d 435 [1989]; *see also*CPLR 5501 [a] [1]).

*1264All concur, Hayes, J., not participating. Present — Gorski, J.P., Martoche, Green, Pine and Hayes, JJ.
#### § 249b.101 Form TA-W, notice of withdrawal from registration as transfer agent.

This form shall be used for withdrawing, pursuant to section 17A of the Securities Exchange Act of 1934, the registration of transfer agents registered with the Commission.

(Secs. 2, 17, 17A and 23(a); (15 U.S.C. 78b, 78a, 78a-1 and 78w(a)))

[42 FR 44984, Sept. 8, 1977]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting Form TA-W, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
### §§1857f–5a to 1857f–6c. Transferred

#### **Editorial Notes**

#### Codification

Section 1857f–5a, act July 14, 1955, ch. 360, title II, §207, as added Dec. 31, 1970, Pub. L. 91–604, §8(a), 84 Stat. 1696, which related to compliance by vehicles and engines in actual use, was transferred to section 7541 of this title.

Section 1857f–6, act July 14, 1955, ch. 360, title II, §208, formerly §207, as added Oct. 20, 1965, Pub. L. 89–272, title I, §101(8), 79 Stat. 994; amended Nov. 21, 1967, Pub. L. 90–148, §2, 81 Stat. 501; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§8(a), 10(a), 11(a)(2)(A), 15(c)(2), 84 Stat. 1694, 1700, 1705, 1713, which related to reports, records, and information required, access to and copying records, availability of records to the public, and disclosure of trade secrets, was transferred to section 7542 of this title.

Section 1857f–6a, act July 14, 1955, ch. 360, title II, §209, formerly §208, as added Nov. 21, 1967, Pub. L. 90–148, §2, 81 Stat. 501; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§8(a), 11(a)(2)(A), 15(c)(2), 84 Stat. 1694, 1705, 1713, which related to State standards regarding control of emissions from new motor vehicles or new motor vehicle engines, was transferred to section 7543 of this title.

Section 1857f–6b, act July 14, 1955, ch. 360, title II, §210, formerly §209, as added Nov. 21, 1967, Pub. L. 90–148, §2, 81 Stat. 502; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§8(a), 10(b), 84 Stat. 1694, 1700, which related to Federal assistance in developing and maintaining vehicle emission devices and systems inspection and emission testing and control programs, was transferred to section 7544 of this title.

Section 1857f–6c, act July 14, 1955, ch. 360, title II, §211, formerly §210, as added Nov. 21, 1967, Pub. L. 90–148, §2, 81 Stat. 502; renumbered and amended Dec. 31, 1970, Pub. L. 91–604, §§8(a), 9(a), 84 Stat. 1694, 1698; Nov. 18, 1971, Pub. L. 92–157, title III, §302(d), (e), 85 Stat. 464, which related to regulation of fuels, was transferred to section 7545 of this title.
Part 5349 – Termination of Contracts

DAFFARS PART 5349 Knowledge Center

Revised: June 2023

Subpart 5349.1 – GENERAL PRINCIPLES

5349.101 Authorities and Responsibilities

5349.102 Notification of Termination

Subpart 5349.4 – TERMINATION FOR DEFAULT

5349.402-3 Procedure for Default

5349.402-6 Repurchase Against Contractor’s Account

Subpart 5349.5 – CONTRACT TERMINATION CLAUSES

5349.501-70 Special Termination Costs

Subpart 5349.70 – SPECIAL TERMINATION REQUIREMENTS

5349.7001 Congressional Notification on Significant Contract Terminations

5349.7003 Notification of Anticipated Terminations or Reductions

Subpart 5349.1 – GENERAL PRINCIPLES

5349.101 Authorities and Responsibilities

(b) The SCO or command-appointed termination contracting officer (TCO) must approve a

termination for default or cause prior to a contracting officer taking the action. When requesting

approval, the contracting officer must provide all relevant documents to include a chronology of key

events, cure/show cause notices and responses thereto.

5349.102 Notification of Termination

See the tailorable Termination Authority template.

Subpart 5349.4 – TERMINATION FOR DEFAULT
5349.402-3 Procedure for Default

(f) Prior to making a final decision concerning termination for default, the contracting officer must

forward the termination notice and the complete contract file to AF/JACQ with a copy of the

termination notice to SAF/GCR and follow the procedures in DAFFARS 5333.290(b).

5349.402-6 Repurchase Against Contractor’s Account

(c) The contracting officer must provide copies of assessments of excess reprocurement costs

through the SCO to AF/JACQ.

Subpart 5349.5 – CONTRACT TERMINATION CLAUSES

5349.501-70 Special Termination Costs

(a) See MP5301.601(a)(i) and MP5349.501-70(a).mailto:SAF.AQ.SAFAQC.Workflow@us.af.milmailto:SAF.AQ.SAF-AQC.Workflow@us.af.mil

(c) The contracting officer must forward a request for SAF/FM approval through their SCO to the

cognizant HCA Workflow prior to authorizing any increase in the Government's maximum liability

under the clause. The cognizant HCA will forward the request to SAF/FM.

Subpart 5349.70 – SPECIAL TERMINATION

REQUIREMENTS

5349.7001 Congressional Notification on Significant Contract Terminations

The contracting officer must submit the proposed Congressional notification through the SCO to

SAF/AQC at least five workdays before the proposed termination date. The SAF/AQC action officer

will forward the information to SAF/LLP. The contracting officer must not release the termination

notice until Congress has been notified (see MP5349).

5349.7003 Notification of Anticipated Terminations or Reductions

(b)(2)(i) The contracting officer must submit the draft notification through the SCO to the cognizant

HCA Workflow as soon as the proposed termination/reduction is known. The cognizant HCA will

forward the notification to SAF/AQ or SAF/SQ for signature (see MP5349).
CERTIFICATION 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 Annual Report of Storage Alliance, Inc. (the "Company") on Form 10-KSB for the period ended October 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Jeff Ascah, the President 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) or 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 result of operations of the Company.

Jeff Ascah

/s/ Jeff Ascah
_________________________________
President and Chief Executive Officer

February 18, 2003
### §13973. Repealed. Pub. L. 113–4, title V, §501(b)(1), Mar. 7, 2013, 127 Stat. 101

Section, Pub. L. 103–322, title IV, §40297, as added Pub. L. 109–162, title V, §505, Jan. 5, 2006, 119 Stat. 3029, related to research on effective interventions in the health care setting.
### §1973ff–5. Transferred

#### **Editorial Notes**

#### Codification

Section 1973ff–5 was editorially reclassified as section 20309 of Title 52, Voting and Elections.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration 

# AGENCY:

Federal Aviation Administration (FAA), DOT. 

# ACTION:

Notice of intent of waiver with respect to land.

# SUMMARY:

The FAA is publishing notice of proposed release of 8.379 acres of land at the Raleigh County Memorial Airport, Beckley, West Virginia to the Raleigh County Airport Authority and the Raleigh County Commission for the development of an industrial park. There are no impacts to the Airport and the land is not needed for airport development as shown on the Airport Layout Plan. Fair Market Value of the land will be paid to the Raleigh County Airport and the Raleigh County Commission, and used for Airport purposes. 

# DATES:

Comments must be received on or before January 7, 2005. 

# ADDRESSES:

Comments on this application may be mailed or delivered in triplicate to the FAA at the following address: Connie Boley-Lilly, Program Specialist, Federal Aviation Administration, Beckley Airport District Office, 176 Airport Circle, Room 101, Beaver, West Virginia 25813. 

In addition, one copy of any comments submitted to the FAA must be mailed or delivered to Thomas Cochran, Airport Manager, Raleigh County Memorial Airport at the following address: Thomas Cochran, Airport Manager, Raleigh County Memorial Airport, 176 Airport Circle, Room 105, Beaver, West Virginia 25813. 

# FOR FURTHER INFORMATION CONTACT:

Connie Boley-Lilly, Program Specialist, Beckley Airport District Office, (304) 252-6216 ext. 125, FAX (304) 253-8028. 

# SUPPLEMENTARY INFORMATION:

On April 5, 2000, new authorizing legislation became effective. That bill, the Wendell H. Ford Aviation investment and Reform Act for the 21st Century, Public Law 10-181 (April 5, 2000; 114 Stat. 61) (AIR 21) requires that a 30 day public notice must be provided before the Secretary may waive any condition imposed on an interest in surplus property. 

Issued in Beckley, West Virginia on November 17, 2004. 

Larry F. Clark, 

Manager, Beckley Airport District Office, Eastern Region. 

[FR Doc. 04-26980  Filed 12-7-04; 8:45 am] 

BILLING CODE 4910-13-M
### §§1891, 1892. Repealed. Pub. L. 95–224, §10(a), Feb. 3, 1978, 92 Stat. 6

Section 1891, Pub. L. 85–934, §1, Sept. 6, 1958, 72 Stat. 1793, authorized the head of each executive agency to make grants for support of scientific research with institutions of higher education, etc. See section 6301 et seq. of Title 31, Money and Finance.

Section 1892, Pub. L. 85–934, §2, Sept. 6, 1958, 72 Stat. 1793, authorized the head of each executive agency to vest title to equipment, where feasible, in institutions of higher education, etc., involved in basic or applied scientific research pursuant to grants.

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

#### Effective Date of Repeal

Section 10(a) of Pub. L. 95–224 provided that sections 1891 and 1892 are repealed effective one year after the date of enactment of Pub. L. 95–224, which was approved Feb. 3, 1978.

#### Repeals

Pub. L. 95–224, §10(a), Feb. 3, 1978, 92 Stat. 6, which repealed these sections and provided for the effective date of that repeal was itself repealed by Pub. L. 97–258, §5(b), Sept. 13, 1982, 96 Stat. 1068, 1083.
§ 10.8 Presiding officers. Unless otherwise determined by the Commission, all proceedings within the scope of this part shall be assigned to an Administrative Law Judge for hearing. If the Commission determines that a proceeding within the scope of this part shall be conducted before a Presiding Officer who is not an Administrative Law Judge, all provisions of this part or of part 3 of this chapter that refer to and grant authority to or impose obligations upon an Administrative Law Judge shall be read as referring to and granting authority to and imposing obligations upon the designated Presiding Officer. ( a ) *Functions and responsibilities of Administrative Law Judge.* The Administrative Law Judge shall be responsible for the fair and orderly conduct of the proceeding and shall have the authority to: ( 1 ) Administer oaths and affirmations;
( 2 ) Issue subpoenas;
( 3 ) Rule on offers of proof;
( 4 ) Receive relevant evidence;
( 5 ) Examine witnesses;
( 6 ) Regulate the course of the hearing;
( 7 ) Hold prehearing conferences;
( 8 ) Consider and rule upon all motions;
( 9 ) Make decisions in accordance with § 10.84 of these rules;
( 10 ) Certify interlocutory matters to the Commission for its determination in accordance with § 10.101 of these rules;
( 11 ) Take such action as is just or appropriate, if a party or agent of a party fails to comply with an order issued by the Administrative Law Judge;
( 12 ) Take any other action required to give effect to these Rules of Practice, including but not limited to requesting the parties to file briefs and statements of position with respect to any issue in the proceeding.
( b ) *Disqualification of Administrative Law Judge* — ( 1 ) *At his own request.* An Administrative Law Judge may withdraw from any proceeding when he considers himself to be disqualified. In such event he immediately shall notify the Commission and each of the parties of his withdrawal and of his reason for such action.
( 2 ) *Upon the request of a party.* Any party or person who has been granted leave to be heard pursuant to these rules may request an Administrative Law Judge to disqualify himself on the grounds of personal bias, conflict or similar bases. Interlocutory review of an adverse ruling by the Administrative Law Judge may be sought without certification of the matter by the Administrative Law Judge, in accordance with the procedures set forth in § 10.101.
[41 FR 2511, Jan. 16, 1976, as amended at 78 FR 12934, Feb. 26, 2013]
### §15811. Voluntary commitments to reduce industrial energy intensity

#### (a) Definition of energy intensity

In this section, the term "energy intensity" means the primary energy consumed for each unit of physical output in an industrial process.

#### (b) Voluntary agreements

The Secretary may enter into voluntary agreements with one or more persons in industrial sectors that consume significant quantities of primary energy for each unit of physical output to reduce the energy intensity of the production activities of the persons.

#### (c) Goal

Voluntary agreements under this section shall have as a goal the reduction of energy intensity by not less than 2.5 percent each year during the period of calendar years 2007 through 2016.

#### (d) Recognition

The Secretary, in cooperation with other appropriate Federal agencies, shall develop mechanisms to recognize and publicize the achievements of participants in voluntary agreements under this section.

#### (e) Technical assistance

A person that enters into an agreement under this section and continues to make a good faith effort to achieve the energy efficiency goals specified in the agreement shall be eligible to receive from the Secretary a grant or technical assistance, as appropriate, to assist in the achievement of those goals.

#### (f) Report

Not later than each of June 30, 2012, and June 30, 2017, the Secretary shall submit to Congress a report that—

(1) evaluates the success of the voluntary agreements under this section; and

(2) provides independent verification of a sample of the energy savings estimates provided by participating firms.

(Pub. L. 109–58, title I, §106, Aug. 8, 2005, 119 Stat. 611.)
**Exhibit 32.1**

 

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

 

Inconnection with the Quarterly Report of MarkWest Hydrocarbon, Inc. (the “Company”),on Form 10-Q for the period ending March 31, 2005, as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, FrankM. Semple, Chief Executive Officer of the Company, certify, to the best of myknowledge, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of theSarbanes-Oxley Act of 2002, that:

 

(1) The Reportfully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 

 
| /s/ FRANK M. SEMPLE      |   |
|--------------------------|--------|
|                     |
| Frank M. Semple          |
| Chief Executive  Officer |
|                     |
| December  9, 2005        |

 

----
### §1880. National Medal of Science

There is established a National Medal of Science (hereinafter referred to as the "medal"), which shall be of such design and materials and bear such inscriptions as the President, on the basis of recommendations submitted by the National Science Foundation, may prescribe, and shall be awarded as provided in section 1881 of this title.

(Pub. L. 86–209, §1, Aug. 25, 1959, 73 Stat. 431.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the National Science Foundation Act of 1950 which comprises this chapter.
No: II-14-019 April 14, 2014

CONTACT: Roger Hannah 404-997-4417 

 Joey Ledford 404-997-4416 

NRC Begins Special Inspection at Global Nuclear Fuel in Wilmington 

The Nuclear Regulatory Commission staff is beginning a special inspection at the Global 

Nuclear Fuel facility in Wilmington, N.C., to review the circumstances surrounding the discovery in 

late March that some safety equipment was unavailable or unreliable. 

On March 28, plant employees determined that a moisture sensor that is one of the facility’s 

criticality controls was not operable. A pressure indicator in the same system that would have also 

helped prevent a criticality was later found to be in a condition that made it unreliable.

A criticality can occur when nuclear materials come together in sufficient quantity or 

arrangement to initiate a chain reaction resulting in either a “burst” or a sustained release of radiation. 

Moisture can also play a role in a criticality. A criticality event would not be expected to affect people 

or the environment outside the facility, but could be serious for workers in the immediate area.

“While there was no actual unsafe condition, our inspectors will make sure that we fully 

understand the potential safety significance associated with the equipment problems,” said Victor 

McCree, NRC Region II administrator. 

There will be three inspectors on site for the special inspection, from the NRC’s fuel facility 

division in the Region II office in Atlanta and the agency’s headquarters in Rockville, Md. The team 

will review the facts surrounding the equipment issues, the company’s actions after the condition was 

discovered and any long-term corrective actions to prevent recurrence. 

The on-site portion of the inspection will take several days. A report documenting the results 

should be issued within 45 days of the completion of the inspection.
#### H. Cornell Smith, Respondent, v. D. A. Schulte, Inc., Appellant. (Action No. 1.) Wendell H. Smith, Respondent, v. D. A. Schulte, Inc., Appellant. D. A. Schulte, Inc., Plaintiff, v. Wendell H. Smith et al., Defendants. (Action No. 2.)

— Enough substantial issues, common to both cases, survive the dismissal of the separate defense and counterclaims, to make it desirable that the order of consolidation continue in effect. It does not appear that any substantial right will be violated thereby. Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. It is unanimously ordered that the said appeal [from order denying reargument], having become academic, is dismissed. Present — Peek, P. J., Dore, Cohn, Callahan and Botein, JJ.
NRC SCHEDULES MEETING TO DISCUSS HONEYWELL

CONFIRMATORY ORDER AND CORRECTIVE ACTIONS 

The Nuclear Regulatory Commission staff has scheduled a public meeting in Metropolis, 

Ill., for Nov. 29 to discuss a Confirmatory Order issued to Honeywell Metropolis Works and the 

company’s actions to modify the plant to meet NRC requirements. 

The NRC issued a Confirmatory Order to Honeywell in October, outlining actions the 

company must take before it can resume its uranium conversion operations at the facility. The 

NRC concluded following an inspection in May that process equipment in the facility lacks 

seismic restraints, support and bracing needed to assure integrity during a significant earthquake 

or tornado.

Specifically, the inspection determined that the amount of uranium hexafluoride that 

could be released into the environment should the process equipment be damaged by such an 

event could be significantly larger than previously assumed. The material that could be released 

poses more of a chemical hazard than a radiation hazard. There is no current safety concern since 

the facility has been shut down since May.

The Nov. 29 meeting will be preceded by an open house and poster session at 6 p.m. 

CST, with the meeting scheduled to begin at 7 p.m. Both sessions will be held at the Metropolis 

Community Center, 900 West 10th St., in Metropolis. The NRC actively seeks participation from 

members of the public and NRC officials will be available during the open house and after the

meeting to answer questions and provide further information about NRC oversight of the facility.

In addition to NRC officials, those scheduled to participate in the meeting include 

Honeywell executives, the mayor of Metropolis and representatives of the state of Illinois, the 

Commonwealth of Kentucky and Massac and McCracken counties.

The Honeywell plant takes milled uranium and converts it into uranium hexafluoride gas 

which is then enriched at other facilities to make fuel for commercial power reactors.

(Those who want to participate in the meeting but cannot attend are invited to use our 

teleconference line. The local Metropolis number 618-522-7029. The toll free number is 855-

857-6510. You will be prompted for a passcode, which is 1234# (pound sign). Once connected,

press the * (star) key for the menu. Dial 1 to Mute/or un-mute. All callers to the conference are 

initially muted. There is a limit of 20 callers to the conference.)

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region II

245 Peachtree Center Ave., NE, Suite 1200

Atlanta, GA 30303-1257

Site: www.nrc.gov

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

No: II-12-064

CONTACT: Roger Hannah (404) 997-4417

 Joey Ledford (404) 997-4416 

 November 19, 2012

E-mail: OPA2.Resource@nrc.gov
###

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

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.