alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §2732. Safety oversight and enforcement at defense nuclear facilities

The Secretary of Energy shall take appropriate actions to ensure that—

(1) officials of the Department of Energy who are responsible for independent oversight of matters relating to nuclear safety at defense nuclear facilities and enforcement of nuclear safety standards at such facilities maintain independence from officials who are engaged in, or who are advising persons who are engaged in, management of such facilities;

(2) the independent, internal oversight functions carried out by the Department include activities relating to—

(A) the assessment of the safety of defense nuclear facilities;

(B) the assessment of the effectiveness of Department program offices in carrying out programs relating to the environment, safety, health, and security at defense nuclear facilities;

(C) the provision to the Secretary of oversight reports that—

(i) contain validated technical information; and

(ii) provide a clear analysis of the extent to which line programs governing defense nuclear facilities meet applicable goals for the environment, safety, health, and security at such facilities; and

(D) the development of clear performance standards to be used in assessing the adequacy of the programs referred to in subparagraph (C)(ii);

(3) the Department has a system for bringing issues relating to nuclear safety at defense nuclear facilities to the attention of the officials of the Department (including the Secretary of Energy) who have authority to resolve such issues in an adequate and timely manner; and

(4) an adequate number of qualified personnel of the Department are assigned to oversee matters relating to nuclear safety at defense nuclear facilities and enforce nuclear safety standards at such facilities.

(Pub. L. 107–314, div. D, title XLVI, §4642, formerly Pub. L. 103–337, div. C, title XXXI, §3163, Oct. 5, 1994, 108 Stat. 3097; renumbered Pub. L. 107–314, div. D, title XLVI, §4642, and amended Pub. L. 108–136, div. C, title XXXI, §3141(i)(13), Nov. 24, 2003, 117 Stat. 1779; Pub. L. 113–66, div. C, title XXXI, §3146(g)(10), Dec. 26, 2013, 127 Stat. 1080.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 7274m of Title 42, The Public Health and Welfare, prior to renumbering by Pub. L. 108–136.

#### Amendments

2013—Pub. L. 113–66 struck out subsec. (a) designation and heading and subsec. (b) which required report regarding fulfillment of safety oversight requirements.

2003—Subsec. (b). Pub. L. 108–136, §3141(i)(13)(D), substituted "January 5, 1995," for "90 days after October 5, 1994,".
Editorial Note on Part 816
Editorial Note: At 82 FR 54979, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 816 made effective on Jan. 19, 2017, at 81 FR 93392, Dec. 20, 2016.

§ 816.57 Hydrologic balance: Stream buffer zones. ( a ) No land within 100 feet of a perennial stream or an intermittent stream shall be disturbed by surface mining activities, unless the regulatory authority specifically authorizes surface mining activities closer to, or through, such a stream. The regulatory authority may authorize such activities only upon finding that— ( 1 ) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream; and
( 2 ) If there will be a temporary or permanent stream-channel diversion, it will comply with § 816.43.
( b ) The area not to be disturbed shall be designated as a buffer zone, and the operator shall mark it as specified in § 816.11.
[79 FR 76231, Dec. 22, 2014, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]
### §40502. Biomedical research grants

(a) Establishment of Program.—The Administrator and the Director of the National Institutes of Health shall establish a joint program of biomedical research grants in areas described in section 40501(a) of this title, where such research requires access to a microgravity environment. Such program shall be consistent with actions taken by the joint working group under section 40501 of this title.

(b) Research Opportunity Announcements.—The grants program established under subsection (a) shall annually issue joint research opportunity announcements under the sponsorship of the National Institutes of Health and the Administration. Responses to the announcements shall be evaluated by a peer review committee whose members shall be selected by the Director of the National Institutes of Health and the Administrator, and shall include individuals not employed by the Administration or the National Institutes of Health.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3389.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 40502 | 42 U.S.C. 2487b. | Pub. L. 102–588, title VI, §603, Nov. 4, 1992, 106 Stat. 5130. |

Section
<PAGE>
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                                                                               .
                                                                               .
                                                                    Exhibit 99.4

       Origen Manufactured Housing Trust 2004-B Annual Summary Statement

<TABLE>
<CAPTION>
                                                10/15/2004        11/15/2004         12/15/2004        2004 Aggregate
                                                                                                       --------------
<S>                                           <C>               <C>                <C>                 <C>
Principal Payment Allocable to Holders        $1,966,955.66     $2,410,043.31      $1,667,110.89       $6,044,109.86

Interest Payment Allocable to Holders         $ 650,698.34      $ 645,994.03       $ 640,230.01        $1,936,922.38

Servicing Fee                                 $ 208,400.94      $ 206,990.44       $ 204,825.09        $  620,216.47
</TABLE>
### §4013. Interlocutory orders

An interlocutory order issued by a court under this chapter may be revoked, modified, or extended by that court upon its own motion or otherwise, upon notification to affected parties as required by the court.

(Oct. 17, 1940, ch. 888, title VI, §603, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2860.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 583 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 603 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1191, related to separability, prior to the general amendment of this Act by Pub. L. 108–189.

Prior sections 604 and 605 of act Oct. 17, 1940, ch. 888, were omitted in the general amendment of this Act by Pub. L. 108–189.

Section 604 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1191; Pub. L. 102–12, §9(27), Mar. 18, 1991, 105 Stat. 41, related to termination date.

Section 605 of act Oct. 17, 1940, ch. 888, art. VI, 54 Stat. 1191, related to the inapplicability of act Mar. 8, 1918, ch. 20, 40 Stat. 440, to military service performed after Oct. 17, 1940.

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

#### Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
<PAGE>   1
                                                                    EXHIBIT 11-7

                  DTE ENERGY COMPANY AND SUBSIDIARY COMPANIES
                  PRIMARY AND FULLY DILUTED EARNINGS PER SHARE
                                OF COMMON STOCK




<TABLE>
<CAPTION>
                                                Three Months      Twelve Months
                                                    Ended            Ended
                                                March 31, 1997    March 31, 1997
                                                --------------    --------------
  <S>                                           <C>                <C>
                                             (Thousands, except per share amounts)

  PRIMARY:
    Net Income ...............................      $ 71,000         $271,856
    Weighted average number of common
     shares outstanding (a) ..................       145,109          145,117
    Earnings per share of Common Stock
     based on weighted average number
     of shares outstanding ...................      $   0.49         $   1.87

  FULLY DILUTED:
    Net Income ...............................      $ 71,000         $271,856

    Weighted average number of common
     shares outstanding (a) ..................       145,109          145,117
    Shares issuable from assumed exercise of
     options reduced by the number which could
     have been purchased with the proceeds
     from exercise of such options (a)(b) ....            (2)           -
                                                ------------   --------------
                                                     145,107          145,117
                                                ============   ==============

    Earnings per share of Common Stock
     based on weighted average number
     of shared outstanding ...................      $   0.49         $   1.87
</TABLE>



(a)  Based on a daily average.
(b)  This calculation is submitted in accordance with Regulation S-K, item
     601(b)(11) although not required by footnote 2 to paragraph 14 of APB
     Opinion No. 15 because it results in dilution of less than 3%, and is
     contrary to paragraph 40 of APB Opinion No. 15 because it produces an
     anti-dilutive result.
Federal Depository Library ProgramPersistent URL Home Page      

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Powered by the Federal Depository Library Program.                A service of the U.S. Government Publishing Office.
<PAGE>   1

                                                                   EXHIBIT 23(c)


CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the previously filed
Registration Statements of National City Bancshares, Inc. (File No. 333-75093
and 333-79163) of our report dated February 24, 1998, on our audit of the
consolidated statements of financial condition of Hoosier Hills Financial
Corporation and subsidiary, as of December 31, 1997 and 1996, and the related
consolidated statements of income, changes in stockholders' equity, and cash
flows for the years then ended, which report is included in this Annual Report
on Form 10-K.




/s/ SHERMAN, BARBER & MULLIKIN
------------------------------
Madison, Indiana
March 27, 2000
* Pursuant to 5 TH C IR. 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 5 TH C IR. R. 47.5.4.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-20954 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. DANIEL VALLE-CABRERA Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 4:03-CR-6-ALL Before REAVLEY, BARKSDALE, and GARZA, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed torepresent Daniel Valle-Cabrera has moved for leave towithdrawand has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Valle-Cabrera has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. United States Court of Appeals Fifth Circuit 

### F I L E D December 12, 2007 Charles R. Fulbruge III Clerk
§ 74.11 Tests of the continuous personal dust monitor. ( a ) *Applicant testing.* The applicant shall conduct tests to determine whether a CPDM that is submitted for approval under these regulations meets the requirements specified in §§ 74.7-74.8 of this part, with the exception of durability testing, which shall be conducted by NIOSH as specified in § 74.7(g) of this part. Applicant testing shall be performed by an independent testing entity approved by NIOSH.
( b ) *NIOSH testing assistance.* NIOSH will provide consultation to the applicant to identify and secure necessary testing services for meeting the requirements specified in §§ 74.7-74.8 of this part. Applicants must submit testing protocols to NIOSH prior to testing to verify that the testing protocols adequately address the requirements.
( c ) *Reporting of applicant testing results.* The applicant shall include the results from testing specified under paragraph (a) of this section when submitting the application under § 74.13 of this part to NIOSH.
( d ) *Intrinsic safety testing.* The applicant shall submit the CPDM to MSHA for testing and evaluation, pursuant to 30 CFR 18.68, to determine whether the electronic components of the CPDM submitted for approval meet the applicable permissibility provisions.
§ 585.510 May BOEM defer, reduce, or waive my lease or grant payments? ( a ) The BOEM Director may defer, reduce, or waive the rent or operating fee or components of the operating fee, such as the fee rate or capacity factor, when the Director determines that continued activities would be uneconomic without the requested deferral, reduction, or waiver, or that it is necessary to encourage continued or additional activities.
( b ) When requesting a deferral, reduction, or waiver, you must submit an application to BOEM that includes all of the following: ( 1 ) The number of the lease, ROW grant, or RUE grant involved;
( 2 ) Name of each lessee or grant holder of record;
( 3 ) Name of each operator;
( 4 ) A demonstration that: ( i ) Continued activities would be uneconomic without the requested deferral, reduction, or waiver; or
( ii ) A deferral, reduction, or waiver is necessary to encourage additional activities; and
( 5 ) Any other information required by the Director.
( c ) No more than 6 years of your operations period will be subject to a full waiver of the operating fee.
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9489 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
118th CONGRESS
  2d Session
                                H. R. 9489

_______________________________________________________________________

                                 AN ACT

 
 To sunset the Advisory Committee on the Records of Congress, 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.

    (a) Short Title.--This Act may be cited as the ``Advisory Committee 
on the Records of Congress Sunset Act of 2024''.

SEC. 2. MANAGEMENT AND PRESERVATION OF THE RECORDS OF CONGRESS.

    (a) Definitions.--In this section--
            (1) the term ``Archivist'' means the Archivist of the 
        United States;
            (2) the term ``Clerk'' means the Clerk of the House of 
        Representatives;
            (3) the term ``Director'' means the Director of the Center 
        for Legislative Archives of the National Archives, or any 
        successor thereto;
            (4) the term ``Member of Congress'' means a Member of the 
        Senate or the House of Representatives, a Delegate to the House 
        of Representatives, and the Resident Commissioner from Puerto 
        Rico; and
            (5) the term ``Secretary'' means the Secretary of the 
        Senate.
    (b) Reporting.--Not later than February 1 of the second calendar 
year beginning after the date of enactment of this Act, and every 
calendar year thereafter, the Director shall submit to the Archivist, 
the Secretary, and the Clerk a report on the management and 
preservation of the records of Congress during the previous year.
    (c) Review.--The Archivist, the Secretary, and the Clerk shall meet 
to review the management and preservation of the records of Congress 
and Members of Congress--
            (1) not later than 60 days after the date on which the 
        Director submits a report under subsection (b); and
            (2) not later than 180 days after the date on which an 
        individual is appointed to the position of Archivist, 
        Secretary, or Clerk.
    (d) Sunset of Advisory Committee.--Effective on the date that is 60 
days after enactment, title 44 of the United States Code is amended--
            (1) by striking chapter 27;
            (2) by striking the table of sections relating to chapter 
        27; and
            (3) in the table of chapters, by striking the item relating 
        to chapter 27.

            Passed the House of Representatives December 16, 2024.

            Attest:

                                                                 Clerk.
118th CONGRESS

  2d Session

                               H. R. 9489

_______________________________________________________________________

                                 AN ACT

 To sunset the Advisory Committee on the Records of Congress, and for 
                            other purposes.
```
### §3034a. Functional Managers for the intelligence community

#### (a) Functional Managers authorized

The Director of National Intelligence may establish within the intelligence community one or more positions of manager of an intelligence function. Any position so established may be known as the "Functional Manager" of the intelligence function concerned.

#### (b) Personnel

The Director shall designate individuals to serve as manager of intelligence functions established under subsection (a) from among officers and employees of elements of the intelligence community.

#### (c) Duties

Each manager of an intelligence function established under subsection (a) shall have the duties as follows:

(1) To act as principal advisor to the Director on the intelligence function.

(2) To carry out such other responsibilities with respect to the intelligence function as the Director may specify for purposes of this section.

(July 26, 1947, ch. 343, title I, §103J, as added Pub. L. 113–126, title III, §305(a), July 7, 2014, 128 Stat. 1395.)
#### § 580.34 How can I appeal an order or decision?

See 30 CFR part 590, subpart A, for instructions on how to appeal an order or decision.
#### Luis Chuqui, Appellant, v Church of Saint Margaret Mary, Respondent and Third-Party Plaintiff. Promo Pro Ltd., Third-Party Defendant-Respondent.

[835 NYS2d 74]

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered December 23, 2005, which, in an action for personal injuries under the Labor Law, upon converting defendant premises owner’s motion to dismiss for failure to state a cause of action into a motion for summary judgment, dismissed the complaint, unanimously affirmed, without costs.

Defendant’s post-note of issue motion to dismiss for failure to state a cause of action was timely since such a motion can be made at any time (CPLR 3211 [e]), and the CPLR 3212 (a) requirement of demonstrating good cause for the delay is not implicated. Since it was plaintiff himself who requested that the motion be converted into one for summary judgment (CPLR 3211 [c]), he will not be heard to complain that summary judgment treatment was improper. No cause of action exists under Labor Law § 240 (1). Although the heating unit that plaintiff was manually realigning had been placed on the roof by a crane, the injury plaintiff suffered when his hand got stuck between the unit and the platform on which it was resting was a general hazard of the workplace and not the result of a significant risk inherent in the elevation differential between the unit and the platform *(see Narducci v Manhasset Bay Assoc.,*96 NY2d 259, 268-269 [2001]). Nor is there a cause of action under Labor Law § 200, since the construction contract provided that the contractor would supervise and direct all of the work *(see Russin v Louis N. Picciano & Son,*54 NY2d 311, 317 [1981]), and defendant’s retention of access to check the progress and quality of the work was merely a right to exercise general supervision *(see O’Sullivan v IDI Constr. Co., Inc.,*28 AD3d 225, 226-227 [2006], *affd*7 NY3d 805 [2006]). The section relied on by plaintiff for his Labor Law § 241 (6) claim, 12 NYCRR 23-1.7 (e) (2), entitled “Working areas” under the heading “Tripping and other hazards,” is inapplicable to the facts of this case. The ref*398erence therein to “platforms” (along with “floors” and “similar areas where persons work or pass”) is clearly to the type of platform upon which one walks. By contrast, the platform here was something on which the heating unit rested. Moreover, plaintiff, in his deposition testimony, could offer only speculation as to whether his hand was injured by a “sharp projection.”

We have considered plaintiff’s other contentions and find them unavailing. Concur—Tom, J.E, Mazzarelli, Sullivan, Gonzalez and McGuire, JJ.
#### § 57.7018 Hand clearance.

Persons shall not hold the drill steel while collaring holes, or rest their hands on the chuck or centralizer while drilling.
Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1200 Mine map. [Statutory Provisions] The operator of a coal mine shall have in a fireproof repository located in an area on the surface of the mine chosen by the mine operator to minimize the danger of destruction by fire or other hazard, an accurate and up-to-date map of such mine drawn on scale. Such map shall show: ( a ) The active workings;
( b ) All pillared, worked out, and abandoned areas, except as provided in this section;
( c ) Entries and aircourses with the direction of airflow indicated by arrows;
( d ) Contour lines of all elevations;
( e ) Elevations of all main and cross or side entries;
( f ) Dip of the coalbed;
( g ) Escapeways;
( h ) Adjacent mine workings within 1,000 feet;
( i ) Mines above or below;
( j ) Water pools above; and
( k ) Either producing or abandoned oil and gas wells located within 500 feet of such mine and any underground area of such mine; and,
( l ) Such other information as the Secretary may require. Such map shall identify those areas of the mine which have been pillared, worked out, or abandoned, which are inaccessible or cannot be entered safely and on which no information is available.
#### PEOPLE ex rel. BURNS, Appellant, v. PARTRIDGE, Police Com’r, Respondent.

(Supreme Court, Appellate Division, Second Department.

January 9,1903.)

Proceeding by the people of the state of New York, on the relation of Edward J. Burns, against John N. Partridge, as police commissioner of the city of New York, etc.

No opinion. Reargument ordered for Friday, January 23, 1903.) See 78 N. Y. Supp. 249.