alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 1207.5 Contract and sales agreement retention.

Copies of all sales contracts, posted price bulletins, etc., and copies of all agreements, other contracts, or other documents which are relevant to the valuation of production are to be maintained by the lessee and made available upon request during normal working hours to authorized Office of Natural Resources Revenue (ONRR), State or Indian representatives, BOEM, Bureau of Safety and Environmental Enforcement (BSEE) or BLM officials, auditors of the General Accounting Office, or other persons authorized to receive such documents, or shall be submitted to ONRR within a reasonable period of time, as determined by ONRR. Any oral sales arrangement negotiated by the lessee must be placed in written form and retained by the lessee. Records shall be retained in accordance with 30 CFR part 1212.

[53 FR 1225, Jan. 15, 1988, as amended at 78 FR 30204, May 22, 2013]
### §746. Public lands and buildings; reservations; rights prior to July 1, 1902

All public lands and buildings, not including harbor areas and navigable streams and bodies of water and the submerged lands underlying the same, owned by the United States in the island of Puerto Rico and not reserved by the President of the United States prior to July 1, 1903, pursuant to authority vested in him by law, are granted to the government of Puerto Rico, to be held or disposed of for the use and benefit of the people of said island. Said grant is upon the express condition that the government of Puerto Rico, by proper authority, release to the United States any interest or claim it may have in or upon the lands or buildings reserved by the President as mentioned herein. Nothing herein contained shall be so construed as to affect any legal or equitable rights acquired by the government of Puerto Rico or by any other party, under any contract, lease, or license made by the United States authorities prior to the 1st day of May 1900.

(July 1, 1902, ch. 1383, §1, 32 Stat. 731; May 17, 1932, ch. 190, 47 Stat. 158.)

#### **Editorial Notes**

#### Codification

Section was not enacted as part of the Puerto Rican Federal Relations Act which comprises this chapter.

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

#### Change of Name

"Puerto Rico" substituted in text for "Porto Rico" pursuant to act May 17, 1932, which is classified to section 731a of this title.

#### Law Library

Act July 1, 1902, ch. 1383, §2, 32 Stat. 732, made an appropriation for the purchase of a law library for the use of the United States District Court for Puerto Rico.

#### Expenses and Term of Resident Commissioner

Act July 1, 1902, ch. 1383, §3, 32 Stat. 732, related to allowance of traveling expenses in addition to salary to the resident commissioner from Puerto Rico, and to the commencement of his term.
#### In the Matter of Pauline Risitano, Respondent, v. Joseph Risitano, Appellant.

In a proceeding 'by a wife against her husband to compel him to provide her with reasonable support, the husband appeals from a final order of the Domestic Relations Court of the City of New York, Family Court Division, County of Kings, dated June 8, 1960, made after a hearing and the taking of proof, directing him to pay her $40 a week beginning June 10, 1960. Order modified on the law and the facts by reducing the weekly payments to $30. As thus modified the order is affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein. In our opinion, under all the relevant facts and circumstances presented by this record, an award of $30 a week is *494sufficient to furnish reasonable support for the wife; and the higher award made by the trial court is excessive. Beldock, Acting P. J., Ughetta, Christ and Pette, JJ., concur.
§ 556.600 What is the primary term of my oil and gas lease? ( a ) The primary term of an oil and gas lease will be five years, unless BOEM determines that: ( 1 ) The lease is located in unusually deep water or involves other unusually adverse conditions; and,
( 2 ) A lease term longer than five years is necessary to explore and develop the lease.
( b ) If BOEM determines that the criteria in paragraphs (a)(1) and (2) of this section are met, it may specify a longer primary term, not to exceed 10 years.
( c ) BOEM will specify the primary term in the final notice of sale and in the lease instrument.
( d ) The lease will expire at the end of the primary term, unless maintained beyond that term in accordance with the provisions of § 556.601.
# Memorandum

**Date: To:**  Balaji Vaid ya nathan , Permit Section Manager **F rom:**  Eric Massey , Air Quality Division Director **Subject:** Proposed Final Permits to be Treated as Appealable Agency Actions The 2012 amendments to our permit rules, which were adopted in order to meet federal new source review requirements, provide that an applicant for a Class I permit or Class Ipermit revision may

begin actual construction, but not operation, on receipt of a “proposed final permit.” R18

- 2
- 302(G); R18

- 2
- 334(B). A proposed final permit is “the version of a Class I permit or Class Ipermit revision that the Department proposes to issue and forwards to the Administrator for review,” as required by § 502 of Title V of the Clean Air Act, 42 U.S.C. § 7661d

. In effect, under the revised rules, a proposed final permit is treated as a final authorization to construct. The purpose of this treatment is to ensure that Arizona’s unitary permi t program does not place restrictions on Arizona industries that they would not face in jurisdictions with binary programs. Under a binary program, separate permits are issued to construct and operate, and onl y permit s to operate are subject to EPA review under Title V. Thus a source in a jurisdiction with a binary program ordinarily

would have the authority to proceed with construction under a construction permit before EPA review of the Title V p ermit or permit revision occurred. Under Arizona administra tive law, an “appealable agency action” is defined as “an action that determines the legal rights, duties or privileges of a part y.” Because a proposed final permit or permit revision under the revised rules determines the applicant’s right to construct, i t must be treated as an appealable agency action separate from the issuance of the final permit or permit revision

. 1 We must therefore issue a notice of appealable agency action for both the proposed final permit or permit revision , as well as the final pe rmit or permit revision

. Please distribute this memorandum to all of y our permit engineers so that they are aware of this obligation . In addition, make sure that the subject matter of this memorandum is covered in an y training for permit engineers hired i n the future.

1 Duplicative appeals can be avoided by consolidating appeals of proposed final permit and final permits, should they occur.
#### §§ 285.434-285.436 [Reserved]
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           1,896
<SECURITIES>                                         0
<RECEIVABLES>                                    4,123
<ALLOWANCES>                                       259
<INVENTORY>                                      7,996
<CURRENT-ASSETS>                                21,647
<PP&E>                                          85,118
<DEPRECIATION>                                  41,254
<TOTAL-ASSETS>                                 302,361
<CURRENT-LIABILITIES>                           10,992
<BONDS>                                              0
<PREFERRED-MANDATORY>                           30,000
<PREFERRED>                                          0
<COMMON>                                           128
<OTHER-SE>                                     177,355
<TOTAL-LIABILITY-AND-EQUITY>                   302,361
<SALES>                                         85,077
<TOTAL-REVENUES>                                85,490
<CGS>                                           53,733
<TOTAL-COSTS>                                   63,021
<OTHER-EXPENSES>                                 7,952
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,224
<INCOME-PRETAX>                                  6,108
<INCOME-TAX>                                     1,971
<INCOME-CONTINUING>                              4,137
<DISCONTINUED>                                   7,639
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,776
<EPS-BASIC>                                       0.82
<EPS-DILUTED>                                     0.82


</TABLE>
#### § 1219.105 What definitions apply to this subpart?

Terms that ONRR uses in this subpart will have the same meaning as in 30 U.S.C. 1702.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S FINANCIAL STATEMENTS FOR THE THREE MONTHS ENDED MARCH 31, 1998 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           8,118
<SECURITIES>                                     1,236
<RECEIVABLES>                                      393
<ALLOWANCES>                                      (42)
<INVENTORY>                                        599
<CURRENT-ASSETS>                                10,526
<PP&E>                                           4,028
<DEPRECIATION>                                 (1,498)
<TOTAL-ASSETS>                                  14,343
<CURRENT-LIABILITIES>                            2,448
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,744
<OTHER-SE>                                    (34,938)
<TOTAL-LIABILITY-AND-EQUITY>                    14,343
<SALES>                                            501
<TOTAL-REVENUES>                                   501
<CGS>                                              748
<TOTAL-COSTS>                                      748
<OTHER-EXPENSES>                                 3,710
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                (36)
<INCOME-PRETAX>                                (3,849)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,849)
<EPS-PRIMARY>                                   (0.47)
<EPS-DILUTED>                                   (0.47)
        

</TABLE>
§ 1229.100 Authorities and responsibilities subject to delegation. ( a ) All or part of the following authorities and responsibilities of the Secretary under the Act may be delegated to a State authority: ( 1 ) Conduct of audits related to oil and gas royalty payments made to the Office of Natural Resources Revenue (ONRR) which are attributable to leased Federal or Indian lands within the State. Delegations with respect to any Indian lands require the written permission, subject to the review of the ONRR, of the affected Indian tribe or allottee.
( 2 ) Conduct of investigations related to oil and gas royalty payments made to the ONRR which are attributable to leased Federal lands or Indian lands within the State. Delegation with respect to any Indian lands require the written permission, subject to the review of the ONRR, of the affected Indian tribe or allottee. No investigation will be initiated without the specific approval of the ONRR or the Secretary's designee and in accordance with the Departmental Manual.
( b ) The following authorities and responsibilities are specifically reserved to the ONRR and are not delegable under these regulations: ( 1 ) Enforcement actions to assess and collect additional royalties identified as a consequence of audits, inspections, and investigations. These include all actions related to resolution of royalty obligations so identified, and the establishment and maintenance of payment performance bonds which may be required during the resolution process.
( 2 ) Enforcement actions to collect civil penalties and interest charges related to findings of audits, inspections, and investigations.
( 3 ) Administration of all appeals and all actions of the Department related to administrative and judicial litigation.
( 4 ) Issuance of subpoenas.
( c ) The provisions of this section do not limit the authority provided to the States by section 204 of the Act.
[49 FR 40026, Oct. 12, 1984]
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.1713 [Reserved]
§ 19.7 Protection against explosion hazard. Unless properly designed, electric cap lamps may present two sources of probable explosion hazards: Ignition of an explosive atmosphere by the heated filament of the bulb in case the bulb glass is accidentally broken, and ignition by sparks or flashes from the battery. MSHA therefore requires the following safeguards: ( a ) *Safety device or design.* The headpiece shall have a safety device to prevent the ignition of explosive mixtures of methane and air if the bulb glass surrounding the filament is broken. Alternatively, if the lamp is designed and constructed to prevent the ignition of explosive mixtures of methane and air by protecting the bulb from breakage and preventing exposure of the hot filament, no safety device is required.
( b ) *Headpiece lock or seal.* The headpiece shall be provided with a lock or seal to prevent unauthorized removal of the lens and tampering with the safety device, the bulb, or the electrical contacts.
( c ) *Locks on charging terminals.* Lamps shall be equipped with a magnetic or other equally effective lock at the battery, the headpiece, or the cord assembly to prevent unauthorized access to live charging terminals.
( d ) *Protection of battery terminals.* The battery covers of lamps that are recharged through the cord shall be so constructed and assembled as to prevent unauthorized access to the battery terminals.
( e ) *Battery current restricted.* The amount of current flow between the conductors of the cord, if short-circuited just outside of the battery casing or cord armor, shall be limited by the design of the battery or by a fuse to such a value[4] as will not produce sparks that will ignite an explosive mixture of methane and air.
( f ) It shall not be possible to obtain a difference of potential between any two accessible points of the cap lamp when assembled for use.
Note:
Paragraph (a) of this section is issued under the authority of Sec. 101 of the Federal Mine Safety and Health Act of 1977, Pub. L. 91-173 as amended by Pub. L. 95-164, 91 Stat. 1291 (30 U.S.C. 811). All other paragraphs in this section continue under the original authority.
(Sec. 101, Federal Mine Safety and Health Act of 1977, 91 Stat. 1291 (30 U.S.C. 811))
[Sched. 6D, 4 FR 4003, Sept. 21, 1939, as amended at 47 FR 11369, Mar. 16, 1982] Footnotes -
19.7
[4] The following maximum short-circuit current values may be used as a guide in the design of cap lamp batteries: 100 amperes for a 4-volt battery; 75 amperes for a 6-volt battery; 50 amperes for an 8-volt battery.
§ 18.28 Devices for pressure relief, ventilation, or drainage. ( a ) Devices for installation on explosion-proof enclosures to relieve pressure, ventilate, or drain will be acceptable provided the length of the flame-arresting path and the clearances or size of holes in perforated metal will prevent discharge of flame in explosion tests.
( b ) Devices for pressure relief, ventilation, or drainage shall be constructed of materials that resist corrosion and distortion, and be so designed that they can be cleaned readily. Provision shall be made for secure attachment of such devices.
( c ) Devices for pressure relief, ventilation, or drainage will be acceptable for application only on enclosures with which they are explosion tested.
OFFICE OF CHEMICAL SAFETY

AND POLLUTION PREVENTION UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

April 22 , 2015

VIA EMAIL

Ted Moore II TRM Manufacturing

375 TRM Circle
Corona, CA 92879

Dear Mr. Moore :

This letter serves as a response to your February 12 , 201 5 request to re

- evaluate the buffer zone

reduction credits for the Weather

- all Power film HB 125

, a 5 layer TIF of various colors and

1.25 mil thickness.

The EPA has reviewed the updated laboratory tarp testing data for the Weather

- all Power film

subm itted by Ajwa Laboratory on behalf of TRM Manufacturing

. Whereas the previous testing was conducted under high humidity conditions, the updated testing was conducted under standard humidity, which matches the conditions of the data used as the basis for the buffer zone credit categories. Based on the calculated mass transfer coefficients (MTCs) and the corresponding cut points determined by EPA as a basis for assigning buffer zone credits ( DP

Barcode 385314

. Dawson, Smith and Shelat

. “ Second Update to Health Effects Division Recommendations for Good Agricultural Practices and Associated Buffer Credits .” January 11,

2011 )

, the tarp qualifies fo r the following buffer zone reduction credits: 6 0 % for methyl bromide, 6 0 % for c hloropicrin

, 6 0 % chloropicrin and 1,3

- dichloropropene , and 3 0 % for metam
sodium or metam potassium . This tarp continues to be approved with use of dimethyl disulfide.

The tarp s will moved to the appropriate categories at http://www.epa.gov/pesticides/tarpcredits/

Please contact me at (703) 347

- 8652 or at gayoso.jose @epa.gov if you have any questions.

Sincerely

,

Jose Gayoso Chemical Review Manager Risk Manag ement & Implementation Branch II

Pesticide Re

- evaluation Division
§ 1241.11 Does my hearing request affect a penalty? ( a ) If you do not correct the violation identified in a Notice, any penalty will continue to accrue, even if you request a hearing, except as provided in paragraph (b) of this section.
( b ) *Standards and procedures for obtaining a stay.* If you request in a timely manner a hearing on a Notice, you may petition the DCHD to stay the assessment or accrual of penalties pending the hearing on the record and a decision by the ALJ under § 1241.8. ( 1 ) You must file your petition for stay within 45 calendar days after you receive a Notice.
( 2 ) You must file your petition for stay under 43 CFR 4.21(b), in which event: ( i ) We may file a response to your petition within 30 days after service.
( ii ) The 45-day requirement set out in 43 CFR 4.21(b)(4) for the ALJ to grant or deny the petition does not apply.
( 3 ) If the ALJ determines that a stay is warranted, the ALJ will issue an order granting your petition, subject to your satisfaction of the following condition: within 10 days of your receipt of the order, you must post a bond or other surety instrument using the same standards and requirements as prescribed in 30 CFR part 1243, subpart B; or demonstrate financial solvency using the same standards and requirements as prescribed in 30 CFR part 1243, subpart C, for any specified, unpaid principal amount that is the subject of the Notice, any interest accrued on the principal, and the amount of any penalty set out in a Notice accrued up to the date of the ALJ order conditionally granting your petition.
( 4 ) ( i ) If you satisfy the condition to post a bond or surety instrument or demonstrate financial solvency under paragraph (b)(3) of this section, the accrual of penalties will be stayed effective on the date of the ALJ's order conditionally granting your petition.
( ii ) If you fail to satisfy the condition to post a bond or surety instrument or demonstrate financial solvency under paragraph (b)(3) of this section, penalties will continue to accrue.
( 5 ) Notwithstanding paragraphs (b)(1), (2), (3), and (4) of this section, if the ALJ determines that your defense to a Notice is frivolous, and a civil penalty is owed, you will forfeit the benefit of the stay, and penalties will be calculated as if no stay had been granted.
#### In the Matter of Margaret Samson, Doing Business as The Old Homestead, Appellant. Philip Ross, as Industrial Commissioner, Respondent.

Third Department,

June 1, 1978

APPEARANCES OF COUNSEL

*Grasso & Grasso (Frank N. Grasso*of counsel), for appellant.

*Louis J. Lefkowitz, Attorney-General (Edward R.*Moss, *Samuel A. Hirshowitz*and *Murray Sylvester*of counsel), for respondent.

OPINION OF THE COURT

Herlihy, J.

This is an appeal from a decision of the Unemployment Insurance Appeal Board, filed October 2, 1975, which affirmed an assessment upon the employer for additional contributions.

The sole issue raised before the administrative agencies was the status of a band of musicians as employees of the appellant.

The appellant operated a bar and restaurant known as The *460Old Homestead and commencing in April of 1972 she engaged a band known as the "Western Aces” to perform at her establishment on a weekly basis—Saturday nights. There was a band leader and the hiring of the band was done with the leader and all payments were made to the leader on a weekly basis. There was no written contract and no contracts between the employer and the individual musicians.

About a year after the band commenced playing weekly at the appellant’s establishment, the band members changed their name to the "Old Homesteaders” and at one time someone other than the leader asked for more money for the band and appellant did pay the leader more thereafter. If a musician was absent for an engagement, the leader would furnish a replacement.

At the hearing held on April 1, 1975 the representative of the Industrial Commissioner stated that the sole basis for the assessment was that the band adopted a name similar to that of the appellant’s establishment and had worked there for a two-year period. The Referee ruled that the members of the band were independent contractors and the record establishes that the decision of the board overruling the Referee was erroneous as a matter of law.

The board recognized that "the instant case must be decided on the basis of the common law relationship of master and servant.” Applying the above facts, it is apparent that there is no proof which would imply that the band either collectively or as individuals was subject to the appellant’s supervision, direction and control (cf. *Matter of Williams [Classic*Lounge— *Catherwood],*30 AD2d 583).

The decision should be reversed, with costs, and the matter remitted for further proceedings not inconsistent herewith.

Greenblott, J. P., Main, Larkin and Mikoll, JJ., concur.

Decision reversed, with costs, and matter remitted for further proceedings not inconsistent herewith.
#### § 886.337 Selection preferences.

Sections 5.410 through 5.430 govern the use of preferences in the selection of tenants under this subpart.

[59 FR 36647, July 18, 1994, as amended at 61 FR 9047, Mar. 6, 1996]