alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 85, Number 248 (Monday, December 28, 2020)]
[Notices]
[Page 84451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28533]


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SMALL BUSINESS ADMINISTRATION


Interest Rates

    The Small Business Administration publishes an interest rate called 
the optional ``peg'' rate (13 CFR 120.214) on a quarterly basis. This 
rate is a weighted average cost of money to the government for 
maturities similar to the average SBA direct loan. This rate may be 
used as a base rate for guaranteed fluctuating interest rate SBA loans. 
This rate will be 1.13 percent for the January-March quarter of FY 
2021.
    Pursuant to 13 CFR 120.921(b), the maximum legal interest rate for 
any third party lender's commercial loan which funds any portion of the 
cost of a 504 project (see 13 CFR 120.801) shall be 6% over the New 
York Prime rate or, in the event that rate exceeds the maximum interest 
rate permitted by the constitution or laws of a given State, the 
maximum interest rate will be the rate permitted by the constitution or 
laws of the given State.

John Wade,
Chief, Secondary Market Division, Office of Financial Assistance.
[FR Doc. 2020-28533 Filed 12-23-20; 8:45 am]
BILLING CODE P
#### In the Matter of Jack Alweis et al. v. Robert F. Wagner et al.

Motion granted and the appeal herein is transferred to the Appellate Division, Third Judicial Department. Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.
#### UNITED PRESS et al. v. A. S. ABELL CO. et al.

(Supreme Court, Appellate Division, First Department.

November 13, 1903.)

Action by the United Press and others against the A. S. Abell Company and others. From an order vacating an attachment, plaintiffs appeal. Reversed.

William C. Davis, for appellants.

Henry T. Fay, for respondent.

PER CURIAM.

For the reasons stated in the opinion in United Press et al. v. A. S. Abell Co. (herewith handed down) 84 N. Y. Supp. 426, the order appealed from should be reversed, with $10 costs and disbursements, and the motion to vacate the attachment denied, with $10 costs.
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.

§ 75.1323 Blasting circuits. ( a ) Blasting circuits shall be protected from sources of stray electric current.
( b ) Detonators made by different manufacturers shall not be combined in the same blasting circuit.
( c ) Detonator leg wires shall be shunted until connected into the blasting circuit.
( d ) Blasting cables shall be— ( 1 ) Well insulated, copper wire of a diameter not smaller than 18-gauge; and
( 2 ) Long enough to permit the round to be fired from a safe location that is around at least one corner from the blasting area.
( e ) Blasting cables shall be shunted until immediately before firing, except when testing for circuit continuity.
( f ) Wire used between the blasting cable and detonator circuitry shall— ( 1 ) Be undamaged;
( 2 ) Be well insulated;
( 3 ) Have a resistance no greater than 20-gauge copper wire; and
( 4 ) Be not more than 30 feet long.
( g ) Each wire connection in a blasting circuit shall be— ( 1 ) Properly spliced; and
( 2 ) Separated from other connections in the circuit to prevent accidental contact and arcing.
( h ) Uninsulated connections in each blasting circuit shall be kept out of water and shall not contact the coal, roof, ribs, or floor.
( i ) When 20 or fewer boreholes are fired in a round, the blasting circuit shall be wired in a single series.
( j ) Immediately prior to firing, all blasting circuits shall be tested for continuity and resistance using a blasting galvanometer or other instrument specifically designed for testing blasting circuits.
[53 FR 46786, Nov. 18, 1988; 54 FR 27641, June 30, 1989]
Order filed November 20, 2014 

In The

Fourteenth Court of Appeals

____________

NO. 14-14-00483-CV

____________

CLEVELAND IMAGING AND SURGICAL HOSPITAL, LLC D/B/A 

DOCTOR'S DIAGNOSTIC HOSPITAL, Appellants

V.

CENTRAL TEXAS PHYSICIAN'S MANAGEMENT, LP, Appellee

On Appeal from the 165th District Court

Harris County, Texas

Trial Court Cause No. 2012-24685

O R D E R

Appellant’s brief was due November 10, 2014. No brief or motion for 

extension of time has been filed. 

Unless appellant files a brief with this court on or before December 22, 

2014, the court will dismiss the appeal for want of prosecution. See Tex. R. App. P. 

42.3(b). 

PER CURIAM
#### James A. Hughes, Appellant, v. Melvin Beecher, Respondent.

Motion granted and order dismissing appeal vacated on condition that appellant’s brief is filed on or before November 2,1960, and a demand for respondent’s brief is filed by November 12, 1960.
### SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
§ 49.16 Equipment and maintenance requirements. ( a ) Each mine rescue station shall be provided with at least the following equipment. Mine rescue stations serving underground anthracite coal mines, which have no electrical equipment at the face or working section, shall have at least the amount of equipment appropriate for the number of mine rescue team members. ( 1 ) Twelve self-contained breathing apparatus, each with a minimum of 4 hours capacity (approved by MSHA and NIOSH under 42 CFR part 84, subpart H), and any necessary equipment for testing such breathing apparatus.
( 2 ) A portable supply of liquid air, liquid oxygen, pressurized oxygen, or oxygen generating chemicals, and carbon dioxide absorbent chemicals, as applicable to the supplied breathing apparatus and sufficient to sustain each team for 8 hours while using the breathing apparatus during rescue operations.
( 3 ) Two extra, fully-charged oxygen bottles for every six self-contained breathing apparatus.
( 4 ) One oxygen pump or a cascading system, compatible with the supplied breathing apparatus.
( 5 ) Twelve permissible cap lamps and a charging rack.
( 6 ) Four gas detectors appropriate for each type of gas that may be encountered at the mines served. Gas detectors must measure concentrations of methane from 0.0 percent to 100 percent of volume, oxygen from 0.0 percent to at least 20 percent of volume, and carbon monoxide from 0.0 parts per million to at least 9,999 parts per million.
( 7 ) [Reserved]
( 8 ) One portable mine rescue communication system (approved under part 23 of this title) or a sound-powered communication system. ( i ) The wires or cable to the communication system shall be of sufficient tensile strength to be used as a manual communication system.
( ii ) These communication systems shall be at least 1,000 feet in length.
( 9 ) Necessary spare parts and tools for repairing the breathing apparatus and communication system.
( b ) Mine rescue apparatus and equipment shall be maintained in a manner that will ensure readiness for immediate use. ( 1 ) A person trained in the use and care of breathing apparatus shall inspect and test the apparatus at intervals not exceeding 30 days and shall certify by signature and date that the inspections and tests were done.
( 2 ) When the inspection indicates that a corrective action is necessary, the corrective action shall be made and the person shall record the corrective action taken.
( 3 ) The certification and the record of corrective action shall be maintained at the mine rescue station for a period of 1 year and made available on request to an authorized representative of the Secretary.
[73 FR 53123, Sept. 15, 2008]
#### § 724.1 Scope.

This part covers the assessment of individual civil penalties under section 518(f) of the Act.
<PAGE>

EXHIBIT 11

               DONALDSON, LUFKIN & JENRETTE, INC. & SUBSIDIARIES

                    Computation of Basic Earnings Per Share
                    (In thousands, except per share amounts)

<TABLE>
<CAPTION>
                                                                Three Months Ended         Six Months Ended
                                                                      June 30,                  June 30,
                                                                1998         1997          1998        1997
                                                              --------     ---------    ---------    ---------
<S>                                                             <C>          <C>          <C>          <C>    
Weighted Average Common Shares (1):
     Average Common Shares Outstanding                          117,236      110,190      116,110      109,136
    Average Restricted Stock Units Outstanding                      158           44          134           44
                                                              --------     ---------    ---------    ---------
Weighted Average Common Shares Outstanding                      117,394      110,234      116,244      109,180
                                                              =========    =========    =========    =========
Earnings:
     Net Income                                               $ 142,300    $ 100,200    $ 276,450    $ 186,600
     Less:  Preferred Stock Dividend Requirement                  5,289        2,970       10,732        6,204
                                                              ---------    ---------    ---------    ---------
Earnings Applicable to Common Shares                          $ 137,011    $  97,230    $ 265,718    $ 180,396
                                                              =========    =========    =========    =========
Basic Earnings Per Common Share                               $    1.17    $    0.88    $    2.29    $    1.65
                                                              =========    =========    =========    =========
</TABLE>

(1)  In February 1998, the Board of Directors declared a two-for-one stock
     split (the "stock split") of the Company's common stock, subject to
     stockholder approval, to increase the number of authorized common shares.
     In April 1998, the stockholders approved an amendment to the Company's
     Certificate of Incorporation whereby the amount of total authorized shares
     of common stock was increased to 300 million shares and the amount of
     total authorized shares of preferred stock was increased to 50 million.
     The stock split was effected in the form of a 100% stock dividend to
     stockholders of record on April 27, 1998, and was paid on May 11, 1998.
     All common share, per common share, restricted stock unit and option data
     have been restated for the effect of the stock split.
#### ENGLISH *vs.*THE STATE.

[INDICTMENT SOB GAMINS.]

1. *'Conviction on testimony of accomplice.*— In a gaming case, a person who, though he did not himself play, “ was in partnership with one of the players in his winnings or losses in the> game in which the defeudanfcplayed, and advanced money to the defendant, to be used in betting on said game, and which was so used by the defendant,” is an *accomplice,*within the meaning of the statute (Code, § 3600) which forbids a conviction on_ the uncorroborated testimony of an accomplice.

Erom the Circuit Court of Monroe.

Tried before the Hon. C. *~W.*Napier.

The indictment in this case was in the general form allowed by the Code. The bill of exceptions discloses the following state of facts: “ On the trial of this case, the State introduced one Graham as a witness, who testified, that he only saw the defendant play cards once *429within twelve months before the finding of the indictment ; that said game was pi ayed in said county of Monroe, and in a house which the testimony of said witness tended to show was public; that he himself did not play cards at that time, but was in partnership with one of the players in his winnings or losses in the game in which the defendant played, and advanced money to the defendant, to be used in betting on said game, and which was so used by the defendant; that he and his said partner were equally interested in the money furnished by them for the purpose of betting on said game,“and also in the profits and losses arising from the playing; and that they divided the profits equally between them. No other witness was examined in the case. On this evidence, the court charged the jury, (amongst other things,) that if the witness Graham did not play in the game, but only advanced money to the defendant to bet with, and was to share in what the latter might win or lose in the game, then the witness was not an accomplice within the meaning of the law, and that a conviction might be had upon his testimony alone, if believed by them; to which charge the defendant excepted.”

S. J. Cumming-, for the prisoner,

cited Davidson v. The State, 38 Ala. 350, and authorities there referred to.

M. A. Baldwin, Attorney-General, *contra,*

cited Wilcox v. The State, T Blackford, 456; Hitchcock v. The State, 1 Iredell, 14; Commonwealth v. Tiernan, 4 Grattan, 545.

R. W. WALKER, J.

There can be no doubt that, on the facts stated, the witness was as guilty of the offense proved by him, as the defendant. There are no accessories in misdemeanors, but all who are concerned in the commission of the offense, are principals.- — -Wharton’s Or. L. § 131; 1 Bishop’s Or. L.* §§ 82-6, 483-5. The witness is, therefore, to be treated as if he had himself played in the game; and on the authority of Davidson v. The State, 33 Ala. 350, we must hold, that the court erred *430in deciding that he was not an accomplice, and that the defendant might be convicted on his individual testimony.

Judgment reversed, and cause remanded.
* Pursuant to 5 T H 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. 97-10079

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

EDIBERTO AYALA-FERNANDEZ,

Defendant-Appellant.

Appeal from the United States District Court

For the Northern District of Texas

(3:96-CR-210)

October 24, 1997

Before KING, HIGGINBOTHAM, and DAVIS, Circuit Judges.

PER CURIAM: *

Ediberto Ayala-Fernandez appeals from his guilty plea

conviction for illegal ly reentering the United States after

deportation in violation of 8 U.S.C. § 1326(a) & (b). We affirm.

Ayala-F ernandez’s first argument on appeal is that the

district court failed to inquire into the relinqui shment of his

right of counsel at sentencing or to warn him of the disadvantages

of self-representation. Accordingly, he contends his waiver was2

not knowingly and intelligently made. In this circuit, we do not

require a formal colloquy between defenda nt and trial judge when

the defendant waives counsel; rather, district courts must look to

the circumstances of the case and the background of the defendant

to determine whether the right to counsel was knowingly and

voluntarily waived. S ee Wiggins v. Procunier

, 753 F.2d 1318, 1320

(5th Cir. 1985). We have reviewed the record and the parties’

briefs, and we are convinced that his decision to waive his right

to counsel was knowingly and voluntarily made. S ee Neal v. Texas

,

870 F.2d 312, 314-15 (5th Cir. 1989). Ayala-Fernandez was thirtyfour years old, he had twelve years of education, he had the

assistance of an interpreter at sentencing, and he was represented

by counsel up through the sentencing. His decision to waive

counsel was a tactical move to enable him to make certain arguments

to the trial court that his counsel found meritless. We find that

he knew what he was doing.

Ayala-Fernandez also argues that the district court erred in

sentencin g him above the two-year statutory term of imprisonment

for “simple” illegal reentry as provided for in 8 U.S.C. § 1326(a),

because § 1326(b) is a separate offense and, thus, his prior felony

conviction is an element which must be alleged in the indictment.

We have previously held, however, that a prior felony conviction is

not an element of the offense w hich had to be alleged in the

indictment. S ee United States v. Vasquez-Olvera

, 999 F.2d 943,

944-47 (5th Cir. 1993).3

AFFIRMED.
#### § 872.24 What are Federal expense funds?

“Federal expense funds” are moneys available in the Fund that are not allocated or distributed as State share funds (§ 872.14), Tribal share funds (§ 872.17), historic coal funds (§ 872.21), or minimum program make up funds (§ 872.26). Congress must appropriate Federal expense funds before we may expend them.
ORGANIZED UNDER THE LAWS OF THE STATE OF TEXAS



                                REGENETECH, INC.
COMMON STOCK
  THE CORPORATION IS AUTHORIZED TO ISSUE 10,000,000 SHARES COMMON STOCK -
NO PAR VALUE


THIS CERTIFIES THAT ________________________________is the owner of
_________________________________________fully paid and non-assessable Shares

                     OF THE COMMON STOCK OF REGENETECH, INC.

transferable only on the books of the Corporation by the holder hereof in person
or by duly authorized
Attorney upon surrender of this Certificate properly endorsed.
     IN WITNESS WHEREOF, the said Corporation has caused this Certificate to be
signed by its duly
Authorized officers and to be sealed with the Seal of the Corporation.

Dated  ____________________

________________________                                ______________________
SECRETARY                                               PRESIDENT



     The following abbreviations, when used in the inscription on the face of
this certificate, shall be construed as though they were written out in full
according to applicable laws or regulations. Additional abbreviations may also
be used though not in the list.


<PAGE>


   TEN COM - as tenants in common     UNIF GIFT MIN ACT - _______
                                      Custodian  __________(Minor)

   TEN ENT - as tenants by the entireties   under Uniform Gifts
                                            to Minors Act _______________(State)
   JT TEN - as joint tenants with right of survivorship
            and not as tenants in common

For value received, the undersigned hereby sells, assigns and transfers unto

Name ____________________________________

Address __________________________________

        __________________________________

Social Security or Tax I.D. No. _______________

_________Shares

represented by the within Certificate, and hereby irrevocably constitutes and
appoints ________________________

_______________________________________________________________________Agent to
transfer the said
Shares on the books of the within-named Corporation with full power of
substitution in the premises.

Dated, _________________________

In presence of
___________________________________________

____________________________________

NOTICE: The signature to this assignment must correspond with the name as
written upon the face of the certificate in every particular without alteration
or enlargement, or any change whatever.

The shares represented by this certificate have not been registered under the
Securities Act of 1933 (the Act), as amended, and are "restricted securities" as
that term is defined in Rule 144 under the Act. The shares may not be offered
for sale, sold, or otherwise transferred except pursuant to an effective
registration statement under the Act, or pursuant to an exemption from
registration under the Act, the availability of which is to be established to
the satisfaction of the Corporation.
#### Harlem Savings Bank v. Zara Marchant et al.

Motion to dismiss appeal granted, with $10 costs, unless the appellant, Zara Marchant, procures the record on appeal and appellant’s points to be served and filed on or before October 4, 1960, with notice of argument for the November 1960 Term of this court, said appeal to be argued or submitted when reached. Concur — Botein, P. J., Breitel, Rabin, Valente and McNally, JJ.
### §512. Limitation on cost of construction and equipment; vesting of title to facilities

The Administrator is authorized, in implementation of the unitary plan, to construct and equip transsonic or supersonic wind tunnels of a size, design and character adequate for the efficient conduct of experimental work in support of long-range fundamental research at educational institutions within the continental United States, to be selected by the Administrator, or to enter into contracts with such institutions to provide for such construction and equipment, at a total cost not to exceed $10,000,000: Provided, That the Administrator may, in his discretion, after consultation with the Committees on Armed Services of both Houses of the Congress, vest title to the facilities completed pursuant to this section in such educational institutions under such terms and conditions as may be deemed in the best interests of the United States.

(Oct. 27, 1949, ch. 766, title I, §102, 63 Stat. 936; Pub. L. 85–568, title III, §301(d)(2), (3), July 29, 1958, 72 Stat. 433.)

#### **Editorial Notes**

#### Amendments

1958—Pub. L. 85–568 substituted "Administrator" for "Committee" in three places, and "his" for "its".

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

#### Effective Date of 1958 Amendment

Amendment by Pub. L. 85–568 effective 90 days after July 29, 1958, or on any earlier date on which the Administrator of the National Aeronautics and Space Administration determines, and announces by proclamation, that the Administration has been organized and is prepared to discharge the duties and exercise the powers conferred upon it, see section 301(e) of Pub. L. 85–568, set out as a note under section 511 of this title.
### §10206. Technician positions

(a) In General.—(1) Each member whose position is determined under section 10202(a)(3) to be included as a technician position shall, on or after such date, receive, in addition to the member's scheduled rate of basic pay, an amount equal to 6 percent of the sum of such member's rate of basic pay and the applicable locality-based comparability payment.

(2) A member described in this subsection shall receive the additional compensation authorized by this subsection until such time as the member's position is determined under section 10202(a)(3) not to be a technician position, or until the member no longer occupies such position, whichever occurs first.

(3) The additional compensation authorized by this subsection shall be paid to a member in the same manner and at the same time as the member's basic pay is paid.

(b) Exceptions.—(1) Except as provided in paragraph (2), the additional compensation authorized by subsection (a)(1) shall be considered as basic pay for all purposes, including section 8401(4).

(2) The additional compensation authorized by subsection (a)(1) shall not be considered as basic pay for the purposes of—

(A) section 5304; or

(B) section 7511(a)(4).

(3) The loss of the additional compensation authorized by subsection (a)(1) shall not constitute an adverse action for the purposes of section 7512.

(Added Pub. L. 111–282, §2(a), Oct. 15, 2010, 124 Stat. 3037.)

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

#### Effective Date

Section effective on first day of first pay period which begins after Oct. 15, 2010, see section 5 of Pub. L. 111–282, set out as an Effective Date of 2010 Amendment note under section 5102 of this title.
#### Janice Puner et al. v. Frances Wiener et al.

Motion for leave to appeal as a poor person and for other relief denied in all respects. Concur — Rabin, J. P., Valente, McNally, Stevens and Eager, JJ.