alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 817
Editorial Note: At 82 FR 54999, 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 817 made effective on Jan. 19, 2017, at 81 FR 93418, Dec. 20, 2016.

§ 817.131 Cessation of operations: Temporary. ( a ) Each person who conducts underground mining activities shall effectively support and maintain all surface access openings to underground operations, and secure surface facilities in areas in which there are no current operations, but operations are to be resumed under an approved permit. Temporary abandonment shall not relieve a person of his or her obligation to comply with any provisions of the approved permit.
( b ) Before temporary cessation of mining and reclamation operations for a period of thirty days or more, or as soon as it is known that a temporary cessation will extend beyond 30 days, each person who conducts underground mining activities shall submit to the regulatory authority a notice of intention to cease or abandon operations. This notice shall include a statement of the exact number of surface acres and the horizontal and vertical extent of sub-surface strata which have been in the permit area prior to cessation or abandonment, the extent and kind of reclamation of surface area which will have been accomplished, and identification of the backfilling, regrading, revegetation, environmental monitoring, underground opening closures and water treatment activities that will continue during the temporary cessation.
[44 FR 15422, Mar. 13, 1979, as amended at 81 FR 93418, Dec. 20, 2016; 82 FR 54999, Nov. 17, 2017]
May 3, 1977.

Appeal No. 76-101.

#### General Electric Company *v.*Paul Forsell *&*Son, Inc. *et al.*

*Charles J. McGovern,*for plaintiff.

*John E. Fornaro, Jr.,*for defendants.

The motion of Arthur A. Thovmasian, Jr., to withdraw as counsel for defendant is granted.

The motion of the plaintiff for an extension of time to file its brief is denied as moot, since the brief has already been filed.
§ 77.1701 Emergency communications; requirements. ( a ) Each operator of a surface coal mine shall establish and maintain a communication system from the mine to the nearest point of medical assistance for use in an emergency.
( b ) The emergency communication system required to be maintained under paragraph (a) of this section may be established by telephone or radio transmission or by any other means of prompt communication to any facility (for example, the local sheriff, the State highway patrol, or local hospital) which has available the means of communication with the person or persons providing emergency medical assistance or transportation in accordance with the provisions of paragraph (a) of this section.
###### 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.

#### § 75.1716 Operations under water.

[Statutory Provisions]

Whenever an operator mines coal from a coal mine opened after March 30, 1970, or from any new working section of a mine opened prior to such date, in a manner that requires the construction, operation, and maintenance of tunnels under any river, stream, lake, or other body of water, that is, in the judgment of the Secretary, sufficiently large to constitute a hazard to miners, such operator shall obtain a permit from the Secretary which shall include such terms and conditions as he deems appropriate to protect the safety of miners working or passing through such tunnels from caveins and other hazards. Such permits shall require, in accordance with a plan to be approved by the Secretary, that a safety zone be established beneath and adjacent to such body of water. No plan shall be approved unless there is a minimum of cover to be determined by the Secretary, based on test holes drilled by the operator in a manner to be prescribed by the Secretary. No such permit shall be required in the case of any new working section of a mine which is located under any water resource reservoir being constructed by a Federal agency on December 30, 1969, the operator of which is required by such agency to operate in a manner that protects the safety of miners working in such section from cave-ins and other hazards.

[35 FR 17890, Nov. 20, 1970, as amended at 60 FR 33723, June 29, 1995]
§ 1642.8 Statement of reason for denial. ( a ) Denial of a claim for Class 3-A by a board must be accompanied by a statement specifying the reason(s) for such denial as prescribed in §§ 1633.9, 1651.4 and 1653.3 of this chapter. The reason must in turn, be supported by evidence in the registrant's file.
( b ) If a board's denial is based on statements by the registrant or his witnesses at a personal appearance, this must be fully explained in the statement of reasons accompanying the denial.
### §6. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 644

Section, act June 5, 1920, ch. 235, 41 Stat. 886, placed a limit on salaries of officers and employees of Council of National Defense.
#### § 903.707 Exemption for coal extraction incident to government-financed highway or other construction.

Part 707 of this chapter, *Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction,* applies to surface coal mining and reclamation operations.
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.

§ 75.1106-4 Use of liquefied and nonliquefied compressed gas cylinders; general requirements. ( a ) Persons assigned by the operator to use and work with liquefied and nonliquefied compressed gas shall be trained and designated by the operator as qualified to perform the work to which they are assigned, and such qualified persons shall be specifically instructed with respect to the dangers inherent in the use of such gases in an underground coal mine.
( b ) Persons who perform welding, cutting, or burning operations shall wear clothing free from excessive oil or grease.
( c ) Liquefied and nonliquefied compressed gas shall be used only in well-ventilated areas.
( d ) Not more than one liquefied or nonliquefied compressed gas unit, consisting of one oxygen cylinder and one additional gas cylinder, shall be used to repair any unit of equipment which is inby the loading point of any section.
( e ) Where liquefied and nonliquefied compressed gas is used regularly in underground shops or other underground structures, such shops or structures shall be on a separate split of air.
( f ) Where liquefied and nonliquefied compressed gas is used in any area in which oil, grease, or coal dust is present, oil and grease deposits shall, where practicable, be removed and the entire area within 10 feet of the worksite covered with a heavy coating of rock dust.
( g ) Liquefied and nonliquefied compressed gas cylinders shall be located no less than 10 feet from the worksite, and where the height of the coal seam permits, they shall be placed in an upright position and chained or otherwise secured against falling.
( h ) Liquefied and nonliquefied compressed gas shall not be used under direct pressure from the cylinder and, where such gases are used under reduced pressure, the pressure level shall not exceed that recommended by the manufacturer.
( i ) “Manifolding cylinders” shall only be performed in well-ventilated shops where the necessary equipment is properly installed and operated in accordance with specifications for safety prescribed by the manufacturer.
[36 FR 22061, Nov. 19, 1971]
### §3992. Rights in public lands

#### (a) Rights not forfeited

The rights of a servicemember to lands owned or controlled by the United States, and initiated or acquired by the servicemember under the laws of the United States (including the mining and mineral leasing laws) before military service, shall not be forfeited or prejudiced as a result of being absent from the land, or by failing to begin or complete any work or improvements to the land, during the period of military service.

#### (b) Temporary suspension of permits or licenses

If a permittee or licensee under the Act of June 28, 1934 (43 U.S.C. 315 et seq.), enters military service, the permittee or licensee may suspend the permit or license for the period of military service and for 180 days after termination of or release from military service.

#### (c) Regulations

Regulations prescribed by the Secretary of the Interior shall provide for such suspension of permits and licenses and for the remission, reduction, or refund of grazing fees during the period of such suspension.

(Oct. 17, 1940, ch. 888, title V, §502, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2855.)

#### **Editorial Notes**

#### References in Text

Act of June 28, 1934, referred to in subsec. (b), is act June 28, 1934, ch. 865, 48 Stat. 1269, popularly known as the Taylor Grazing Act, which is classified principally to subchapter I (§315 et seq.) of chapter 8A of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 315 of Title 43 and Tables.

#### Codification

Section was formerly classified to section 562 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 502 of act Oct. 17, 1940, ch. 888, art. V, 54 Stat. 1187, related to homestead entries and settlement claims, prior to the general amendment of this Act by Pub. L. 108–189.

#### **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.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 97-1121
TRACY THORNE, Plaintiff - Appellant, versus UNITED STATES DEPARTMENT OF DEFENSE; WILLIAM J. PERRY, Secretary of Defense; UNITED STATES DEPARTMENT OF THE NAVY; JOHN H. DALTON, Secretary of the Navy, Defendants - Appellees.Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. T. S. Ellis, III, District Judge. (CA-95-369) Submitted: March 31, 1998 Decided: April 9, 1998 Before MURNAGHAN and NIEMEYER, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Tracy Thorne, Appellant Pro Se. Edward Roy Hawkens, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Lieutenant Tracy Thorne appeals an order of the district court upholding his involuntary discharge from the United States Navy on account of his acknowledged homosexuality. 916 F. Supp. 1358 (E.D. Va. 1996). He contends that the "Don't Ask, Don't Tell" plan, see 10 U.S.C. § 654 (1994), and implementing regulations, under whichhe was discharged are unconstitutional. We have held to the contrary. See Thomasson v. Perry , 80 F.3d 915 (4th Cir.) (en banc), cert. denied , ___ U.S. ___, 65 U.S.L.W. 3305, 65 U.S.L.W. 3309 (U.S. Oct. 21, 1996) (No. 96-1). We have considered and rejected Thorne's remaining claims on appeal. The judgment of the district court is therefore affirmed. We deny Thorne's motion for oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### § 111.1 Purpose.

This part establishes policy, assigns responsibilities, and prescribes procedures for the payment of monthly Transitional Compensation (TC) to dependents of Service members separated for dependent abuse.
### §30144. Partial invalidity

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the validity of the remainder of the Act and the application of such provision to other persons and circumstances shall not be affected thereby.

(Pub. L. 92–225, title IV, §404, Feb. 7, 1972, 86 Stat. 20.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title.

#### Codification

Section was formerly classified to section 454 of Title 2, The Congress, prior to editorial reclassification and renumbering as this section.

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

#### Severability

Pub. L. 107–155, title IV, §401, Mar. 27, 2002, 116 Stat. 112, provided that: "If any provision of this Act [see Tables for classification] or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding."
#### § 150.24 Continuances and interlocutory matters.

Except as otherwise provided in § 150.19(d), the Court, in its discretion, may extend any time limits prescribed and may dispose of any interlocutory or other appropriate matter not specifically covered by this part, in such manner as may appear to be required for a full, fair, and expeditious consideration of the case. See § 150.4.
§ 152.1 Purpose. This part: ( a ) Implements the requirement established by the President in Executive Order 12473 that the Manual for Courts-Martial (MCM), United States, 1984, and subsequent editions, be reviewed annually.
( b ) Formalizes the Joint Service Committee (JSC) and defines the roles, responsibilities, and procedures of the JSC in reviewing and proposing changes to the MCM and proposing legislation to amend the Uniform Code of Military Justice (UCMJ) (10 U.S.C., Chapter 47).
( c ) Provides for the designation of a Secretary of a Military Department to serve as the Executive Agent for the JSC.
<PAGE>
                                                                     EXHIBIT 23


ACCOUNTANTS' CONSENT

The Board of Directors
Response Oncology, Inc.:

We consent to incorporation by reference in the Registration Statements (No.
33-45616, No. 33-21333, and No. 333-14371) on Form S-8 of Response Oncology,
Inc. of our report dated June 11, 2002, relating to the consolidated balance
sheets of Response Oncology, Inc. and subsidiaries as of December 31, 2001 and
2000, and the related consolidated statements of operations, stockholders'
equity (deficit), and cash flows for each of the years in the three-year period
ended December 31, 2001, and the related financial statement schedule, which
report appears in the December 31, 2001 annual report on Form 10-K of Response
Oncology, Inc.

Our report dated June 11, 2002 contains an explanatory paragraph that states
that on March 29, 2001, the Company filed voluntary petitions for relief under
Chapter 11 of the United States Bankruptcy Code in the United States Bankruptcy
Court. The filing and related matters raise substantial doubt about the
Company's ability to continue as a going concern. The consolidated financial
statements and financial statement schedule do not include any adjustments that
might result from the outcome of this uncertainty.


                                                      /s/ KPMG LLP
                                                      -------------------------

Memphis, Tennessee
June 11, 2002
#### § 1627.3 Classification of volunteers.

When a registrant who is eligible to volunteer files an Application for Voluntary Induction, he shall be classified in Class 1-A and processed for induction.
#### § 910.785 Requirements for permits for special categories of mining.

Part 785 of this chapter, *Requirements for Permits for Special Categories of Mining,* shall apply to each person who makes application for a permit to conduct certain categories of surface coal mining and reclamation operations.
### §200503. Rehabilitation grants and innovation grants

(a) Matching Grants.—The Secretary may provide 70 percent matching rehabilitation grants and innovation grants directly to eligible general purpose local governments on the Secretary's approval of applications for the grants by the chief executive officials of those governments.

(b) Special Considerations.—An innovation grant should be closely tied to goals, priorities, and implementation strategies expressed in local park and recreation recovery action programs, with particular regard to the special considerations listed in section 200504(c)(2) of this title.

(c) Transfer.—If consistent with an approved application, a grant recipient may transfer a rehabilitation grant or innovation grant in whole or in part to an independent special purpose local government, private nonprofit agency, or county or regional park authority if the assisted recreation area or facility owned or managed by the transferree 1 offers recreation opportunities to the general population within the jurisdictional boundaries of the grant recipient.

(d) Payments.—Payments may be made only for a rehabilitation project or innovation project that has been approved by the Secretary. Payments may be made from time to time in keeping with the rate of progress toward the satisfactory completion of the project, except that the Secretary, when appropriate, may make advance payments on an approved rehabilitation project or innovation project in an amount not to exceed 20 percent of the total project cost.

(e) Modification of Project.—The Secretary may authorize modification of an approved project only when a grant recipient adequately demonstrates that the modification is necessary because of circumstances not foreseeable at the time at which the project was proposed.

(Pub. L. 113–287, §3, Dec. 19, 2014, 128 Stat. 3183.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 200503 | 16 U.S.C. 2505. | Pub. L. 95–625, title X, §1006, Nov. 10, 1978, 92 Stat. 3541. |

Section

In subsection (a), the words "chief executive officials" are substituted for "chief executives" for consistency in the new title.

In subsection (c), the words "At the discretion of such applicants" are omitted as unnecessary.

1 So in original. Probably should be "transferee".
#### § 941.817 Performance standards—underground mining activities.

Part 817 of this chapter, *Permanent Program Performance Standards—Underground Mining Activities,* shall apply to any person who conducts underground mining operations.
-       - Superintendent of Documents
      - 2023-07-14T17:00:53-0400
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###### 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.

#### § 75.803 Fail safe ground check circuits on high-voltage resistance grounded systems.

[Statutory Provisions]

On and after September 30, 1970, high-voltage, resistance grounded systems shall include a fail safe ground check circuit to monitor continuously the grounding circuit to assure continuity and the fail safe ground check circuit shall cause the circuit breaker to open when either the ground or pilot check wire is broken, or other no less effective device approved by the Secretary or his authorized representative to assure such continuity, except that an extension of time, not in excess of 12 months, may be permitted by the Secretary on a mine-by-mine basis if he determines that such equipment is not available.
#### § 920.12 State program provisions disapproved.

The following provision of the Maryland permanent regulatory program submission is hereby disapproved: COMAR 08.13.09.41D, which proposes that in lieu of a civil penalty assessment, the regulatory authority may order a suspension of strip mining operations for an appropriate period of time such that the economic impact on the operator is equivalent to the amount of the civil penalty which would have been assessed for the violation.

[45 FR 79449, Dec. 1, 1980]
§ 740.10 Information collection. ( a ) In accordance with 44 U.S.C. 3501 *et seq.,* the Office of Management and Budget (OMB) has approved the information collection requirements of this part. The OMB clearance number is 1029-0027. This information is needed to implement section 523 of the Act, which governs surface coal mining operations on Federal lands. Persons intending to conduct such operations must respond to obtain a benefit.
( b ) OSM estimates that the public reporting burden for this part will average 26 hours per respondent, including time spent reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of these information collection requirements, including suggestions for reducing the burden, to the Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, 1951 Constitution Avenue, NW, Washington, DC 20240; and the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Interior Desk Officer, 725 17th Street, N.W, Washington, DC 20503. Please refer to OMB Control Number 1029-0027 in any correspondence.
[64 FR 70831, Dec. 17, 1999]
# C_2008197EN.01003501.xml

| 2.8.2008 | EN | Official Journal of the European Union | C 197/35 |
| --- | --- | --- | --- |

2.8.2008

EN

Official Journal of the European Union

C 197/35

---

Order of the Court of First Instance of 26 May 2008 — Ypma v Council and Commission

(Case T-9/94) (1)

1

(2008/C 197/60)

Language of the case: Dutch

Language of the case: Dutch

The President of the Eighth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 59, 26.2.1994.

1

---
#### § 77.302 Bypass stacks.

Thermal dryer systems shall include a bypass stack, relief stack or individual discharge stack provided with automatic venting which will permit gases from the dryer heating unit to bypass the heating chamber and vent to the outside atmosphere during any shutdown operation.
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      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
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