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```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 69 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
H. J. RES. 69

  Providing for congressional disapproval under chapter 8 of title 5, 
    United States Code, of the rule submitted by the Environmental 
 Protection Agency relating to ``Federal `Good Neighbor Plan' for the 
          2015 Ozone National Ambient Air Quality Standards''.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2023

 Mr. Burgess (for himself, Mr. Roy, Mr. Latta, Mr. McCaul, Mr. Duncan, 
 Mr. Weber of Texas, Mr. Ellzey, Mr. Sessions, Mr. Self, Mr. Pfluger, 
 Mrs. Miller of West Virginia, Mr. Moran, Mr. Womack, Mr. Mooney, Mr. 
Babin, Mr. Nehls, Mrs. Houchin, Mrs. Lesko, Mrs. Cammack, Mr. Gooden of 
Texas, Mr. Balderson, Mr. Jackson of Texas, Mr. Langworthy, Mr. Pence, 
  Mr. Dunn of Florida, Mr. Palmer, Mr. Obernolte, Mr. Armstrong, Mr. 
   Griffith, Mr. Carter of Georgia, Mr. Bucshon, Mr. Bilirakis, Ms. 
Hageman, Mr. Ezell, Mr. Hudson, Mr. Crenshaw, Mr. Kelly of Mississippi, 
 Mr. Allen, Mr. Walberg, and Mr. Tony Gonzales of Texas) submitted the 
  following joint resolution; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                            JOINT RESOLUTION

 
  Providing for congressional disapproval under chapter 8 of title 5, 
    United States Code, of the rule submitted by the Environmental 
 Protection Agency relating to ``Federal `Good Neighbor Plan' for the 
          2015 Ozone National Ambient Air Quality Standards''.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That Congress disapproves the 
rule submitted by the Environmental Protection Agency relating to 
``Federal `Good Neighbor Plan' for the 2015 Ozone National Ambient Air 
Quality Standards'' (88 Fed. Reg. 36654 (June 5, 2023)), and such rule 
shall have no force or effect.
                                 <all>
```
#### 2852.223-70 Unsafe Conditions Due to the Presence of Hazardous Material.

As prescribed in JAR 2823.303-70, insert the following clause:

# Unsafe Conditions Due to the Presence of Hazardous Material (NOV 2020)

(a) “Unsafe condition” as used in this clause means the actual or potential exposure of Contractor or Government employees to a hazardous material.

(b) “Hazardous Material” as used in this clause includes any material defined as hazardous under the latest version of Federal Standard No. 313 (including revisions adopted during the term of the contract), any other potentially hazardous material requiring safety controls, or any other material or working condition designated as hazardous by the Contracting Officer's Representative (COR).

(c) The Occupational Safety and Health Administration (OSHA) is responsible for issuing and administering regulations that require Contractors to apprise its employees of all hazards to which they may be exposed in the course of their employment; proper conditions and precautions for safe use and exposure; and related symptoms and emergency treatment in the event of exposure.

(d) Prior to commencement of work, Contractors are required to inspect for and report to the Contracting Officer the presence of, or suspected presence of, any unsafe condition including asbestos or other hazardous materials or working conditions in areas in which they will be working.

(e) If during the performance of the work under this contract, the Contractor or any of its employees, or subcontractor employees, discovers the existence of an unsafe condition, the Contractor shall immediately notify the Contracting Officer, or designee (with written notice provided not later than three (3) working days thereafter), of the existence of an unsafe condition. Such notice shall include the Contractor's recommendations for the protection and the safety of Government, Contractor and subcontractor personnel and property that may be exposed to the unsafe condition.

(f) When the Government receives notice of an unsafe condition from the Contractor, the parties will agree on a course of action to mitigate the effects of that condition and, if necessary, the contract will be amended. Failure to agree on a course of action will constitute a dispute under the Disputes clause of this contract.

(g) Nothing contained in this clause shall relieve the Contractor or subcontractors from complying with applicable Federal, State, and local laws, codes, ordinances and regulations (including the obtaining of licenses and permits) in connection with hazardous material including but not limited to the use, disturbance, or disposal of such material.

(End of Clause)
**** 

**Exhibit 32.1**

Statement of Chief Executive Officer

Pursuant to Section 1350 of Title 18 of the United States Code

Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned, Robert A. Berman, the Chairman of the Board and Chief Executive Officer of CopyTele, Inc., hereby certifies that:

1.

This Amendment No. 2 to the Annual Report on Form 10-K to the Company’s Form 10-K Annual Report for the fiscal year ended October 31, 2013 (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

2.

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

April 16, 2014

/s/ Robert A. Berman

Robert A Berman

Chairman of the Board and Chief Executive Officer
#### In the Matter of Albert Mintzer, an Attorney, Respondent. Association of the Bar of the City of New York, Petitioner.

First Department,

December 15, 1964.

*201
      *John G. Bonomi*for petitioner.

*Albert Mintzer,*respondent in person.

*Per Curiam.*

The respondent was admitted to practice as an attorney April 14, 1930 before the Appellate Division of the First Judicial Department. He was convicted after jury trial on June 11,1964 of the crime of grand larceny in the first degree by false pretenses in violation of section 1290 of the Penal Law, State of New York, and sentenced thereafter July 13, 1964 to a term in State prison. The crime of which he is convicted is a felony. Petitioner thereafter moved to have respondent’s name stricken from the roll of attorneys pursuant to subdivision 4 of section 90 of the Judiciary Law of the State of New York. That motion is granted, and it is directed that the name of respondent be stricken from the roll of attorneys pursuant to subdivision 4 of section 90 of the Judiciary Law.

Botein, P. J., Rabin, Valente, Stevens and Eager, JJ., concur.

Respondent struck from the roll of attorneys and counselors at law in the State of New York pursuant to subdivision 4 of section 90 of the Judiciary Law of the State of New York.
EXHIBIT
      32(b)








This
      Certification is being furnished and shall not be deemed “filed” for purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise
      subject to the liability of that section. This Certification shall not be
      incorporated by reference into any registration statement or other document
      pursuant to the Securities Act of 1933, except as otherwise stated in such
      filing.








Certification
      Pursuant to Section 1350 of Chapter 63


of
      Title
      18 of the United States Code








In
      connection with the Quarterly Report of the Companies (as defined below) on
      Form
      10-Q (the “Reports”) for the quarterly period ended March 31, 2006 as filed with
      the Securities and Exchange Commission on the date hereof, I, Susan Tomasky,
      the
      chief financial officer of





American
      Electric Power Company, Inc.


AEP
      Generating Company


AEP
      Texas
      Central Company


AEP
      Texas
      North Company


Appalachian
      Power Company


Columbus
      Southern Power Company


Indiana
      Michigan Power Company


Kentucky
      Power Company


Ohio
      Power Company


Public
      Service Company of Oklahoma


Southwestern
      Electric Power Company





(the
      “Companies”), certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002 that, based on my knowledge (i)
      the Reports fully comply with the requirements of Section 13(a) or 15(d) of
      the
      Securities Exchange Act of 1934 and (ii) the information contained in the
      Reports fairly presents, in all material respects, the financial condition
      and
      results of operations of the Companies.








/s/
      Susan Tomasky


Susan
      Tomasky


Chief
      Financial Officer








May
      5,
      2006








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      American Electric Power Company, Inc. and will be retained by American Electric
      Power Company, Inc. and furnished to the Securities and Exchange Commission
      or
      its staff upon request.
#### 4.705 Specific retention periods.

The contractor shall retain the records identified in 4.705-1 through 4.705-3 for the periods designated, provided retention is required under 4.702. Records are identified in this subpart in terms of their purpose or use and not by specific name or form number. Although the descriptive identifications may not conform to normal contractor usage or filing practices, these identifications apply to all contractor records that come within the description.
IA 

118TH CONGRESS 

2D SESSION H. J. RES. 165 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the Department of Education 

relating to ‘‘Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2024 

Mrs. MILLER of Illinois (for herself, Ms. FOXX, Ms. STEFANIK, Mrs. 

HARSHBARGER, Mrs. LUNA, Ms. TENNEY, Mrs. LESKO, Mrs. MCCLAIN, 

Ms. LETLOW, Mrs. HINSON, Ms. BOEBERT, Ms. HAGEMAN, Ms. GREENE

of Georgia, Ms. DE LA CRUZ, Mrs. BICE, Mr. BANKS, Mr. ALLEN, Mr. 

CLINE, Mr. POSEY, Mr. RUTHERFORD, Mr. SESSIONS, Mr. BABIN, Mr. 

RESCHENTHALER, Mr. BURCHETT, Mr. NORMAN, Mr. SCOTT FRANKLIN

of Florida, Mr. CLYDE, Mr. TIMMONS, Mr. DUNCAN, Mr. WEBER of 

Texas, Mr. STEUBE, Mr. GOOD of Virginia, Mr. SELF, Mr. OGLES, Mr. 

HIGGINS of Louisiana, Mr. BIGGS, Mr. VAN DREW, Mr. HERN, Mr. 

MOONEY, Mr. BRECHEEN, Mr. FLEISCHMANN, Mr. BILIRAKIS, Mr. AUSTIN SCOTT of Georgia, Mr. MOORE of Alabama, Mr. GUEST, Mr. BISHOP

of North Carolina, Mr. MORAN, Mr. WALBERG, Mr. GOSAR, Mr. MCCORMICK, Mr. TIFFANY, Mr. LAMBORN, Mr. WEBSTER of Florida, Mr. 

GROTHMAN, Mr. OWENS, Mr. CLOUD, Mr. CRANE, Mr. ADERHOLT, Mr. 

BEAN of Florida, Mr. BURLISON, Mr. CRENSHAW, Mr. LALOTA, Mr. 

STAUBER, Mr. EZELL, Mr. BOST, and Mr. HUDSON) submitted the following joint resolution; which was referred to the Committee on Education and the Workforce 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the Department of Education relating to ‘‘Nondiscrimination on the Basis of Sex in Education ProVerDate Sep 11 2014 03:12 Jun 06, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\HJ165.IH HJ165

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2 

•HJ 165 IH 

grams or Activities Receiving Federal Financial Assistance’’. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the De4 partment of Education relating to ‘‘Nondiscrimination on 

5 the Basis of Sex in Education Programs or Activities Re6 ceiving Federal Financial Assistance’’ (89 Fed. Reg. 

7 33474; published April 29, 2024), and such rule shall have 

8 no force or effect. 

Æ 


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#### 37.301 Labor standards.

Contracts for dismantling, demolition, or removal of improvements are subject to either 41 U.S.C. chapter 67, Service Contract Labor Standards, or 40 U.S.C. chapter 31, subchapter IV, Wage Rate Requirements (Construction). If the contract is solely for dismantling, demolition, or removal of improvements, the Service Contract Labor Standards statute applies unless further work which will result in the construction, alteration, or repair of a public building or public work at that location is contemplated. If such further construction work is intended, even though by separate contract, then the Construction Wage Rate Requirements statute applies to the contract for dismantling, demolition, or removal.

[79 FR 24213, Apr. 29, 2014]
#### 52.211-13 Time Extensions.

As prescribed in 11.503(c), insert the following clause:

# Time Extensions (SEP 2000)

Time extensions for contract changes will depend upon the extent, if any, by which the changes cause delay in the completion of the various elements of construction. The change order granting the time extension may provide that the contract completion date will be extended only for those specific elements related to the changed work and that the remaining contract completion dates for all other portions of the work will not be altered. The change order also may provide an equitable readjustment of liquidated damages under the new completion schedule.

(End of clause)

[65 FR 46067, July 26, 2000]
#### 252.223-7003 Change in place of performance—ammunition and explosives.

As prescribed in 223.370-5, use the following clause:

# Change in Place of Performance—Ammunition and Explosives (DEC 1991)

(a) The Offeror shall identify, in the “Place of Performance” provision of this solicitation, the place of performance of all ammunition and explosives work covered by the Safety Precautions for Ammunition and Explosives clause of this solicitation. Failure to furnish this information with the offer may result in rejection of the offer.

(b) The Offeror agrees not to change the place of performance of any portion of the offer covered by the Safety Precautions for Ammunition and Explosives clause contained in this solicitation after the date set for receipt of offers without the written approval of the Contracting Officer. The Contracting Officer shall grant approval only if there is enough time for the Government to perform the necessary safety reviews on the new proposed place of performance.

(c) If a contract results from this offer, the Contractor agrees not to change any place of performance previously cited without the advance written approval of the Contracting Officer.

(End of clause)
#### 422.404 Davis-Bacon Act wage determinations.
#### 2903.104-1 Definitions.

*Agency ethics official* means the Solicitor of Labor or the Associate Solicitor for Legal Counsel or other official as designated by the Solicitor of Labor.
#### Jessie Lubin, Respondent, v. Country Town Cottages, Inc., Appellant.

Aulisi, J.

Appeal from an order of the Supreme Court, Sullivan County, dated February 13, 1964, which denied defendant’s motion to dismiss the complaint for lack of prosecution, on condition that the plaintiff file a note of issue and pay costs to date both within 20 days. The action is to recover *953damages for personal injuries sustained by the plaintiff in a fall on defendant’s premises on March 30, 1960. It was commenced on May 14, 1960 and issue was joined on May 25, 1960, when the defendant served its answer and demand for a bill of particulars. Nothing further was done until August 16, 1963, when the defendant moved for a dismissal of the complaint because of the plaintiff’s unreasonable neglect in prosecuting the action. The only explanation for the delay was “inadvertent and based upon the mistaken belief as to its status.” We believe that this excuse for the more than three years’ delay in serving the bill of particulars and bringing the case on for trial does not satisfy the requirements of CPLR 3216 and that the defendant’s motion should have been granted unconditionally. (See *Sortino*v. Fisher, 20 A D 2d 25.) Order modified, so as to dismiss the complaint, and as so modified, affirmed, without costs. Herlihy, J. P., Reynolds and Taylor, JJ., concur; Hamm, J., dissents in the following memorandum: The majority’s modification is not mandated by our recent decisions in *Wright*v. *Spring Lake Hotel*(20 A D 2d 936) and *Meyer*v. *A. P. Hotel Corp.*(20 A D 2d 936). In Wright the plaintiffs served no affidavit of merits and neither argued the appeal nor submitted a brief. In *Meyer*we cited *Wright*and stated no other ground for reversal. *Sortino*v. *Fisher*(20 A D 2d 25 [1st Dept.]) is at most authority by way of dictum as there was no sufficient affidavit of merits. In *Michel*v. *City of Troy*(279 App. Div. 837) we said: “ The failure to serve the pleading over a long period is attributed by counsel to his own inadvertence. It is not attributable in any degree to the administratrix. It is the policy of the court to relieve a party for inadvertence of counsel unless prejudice to the other side is shown. The appellants show no such prejudice.” We are departing from the liberal view there expressed and are now establishing the rule that an innocent plaintiff must be penalized for the inadvertence of counsel although the defendant neither offers proof of nor even claims prejudice. I would affirm the discretion of the learned Justice at Special Term.
Request for PM10 Redesignation and Maintenance Plan 

for the South Coast Air Basin 

______________________________________________________________________ 

Air Resources Board Staff Report 

Analysis of the South Coast Air Basin 

PM10 Redesignation Request, Maintenance Plan, and 

Conformity Budgets
IB 

Union Calendar No. 72 

118TH CONGRESS 

1ST SESSION H. J. RES. 46 

[Report No. 118–95] 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the National Marine Fisheries 

Service relating to ‘‘Endangered and Threatened Wildlife and Plants; 

Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat’’. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 30, 2023 

Mr. BENTZ (for himself, Mr. WITTMAN, Mr. ROSENDALE, Mr. NEWHOUSE, 

Mr. TIFFANY, Mr. LAMBORN, Mr. VALADAO, and Mr. ZINKE) submitted 

the following joint resolution; which was referred to the Committee on 

Natural Resources 

JUNE 5, 2023 

Additional sponsors: Ms. HAGEMAN, Mr. STAUBER, Mr. FULCHER, Mr. 

WEBER of Texas, and Mr. MANN

JUNE 5, 2023 

Reported from the Committee on Natural Resources; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the National Marine Fisheries Service relating to ‘‘Endangered and Threatened Wildlife and Plants; RegulaVerDate Sep 11 2014 00:59 Jun 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\HJ46.RH HJ46

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2 

•HJ 46 RH 

tions for Listing Endangered and Threatened Species 

and Designating Critical Habitat’’. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the Na4 tional Marine Fisheries Service relating to ‘‘Endangered 

5 and Threatened Wildlife and Plants; Regulations for List6 ing Endangered and Threatened Species and Designating 

7 Critical Habitat’’ (87 Fed. Reg. 37757; published June 

8 24, 2022), and such rule shall have no force or effect. 


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Union Calendar No. 72 

118TH CONGRESS 

1ST SESSION H. J. RES. 46 

[Report No. 118–95] 

JOINT RESOLUTION 

Providing for congressional disapproval under chapnating Critical Habitat’’. dangered and Threatened Species and Desig- Wildlife and Plants; Regulations for Listing En- Service relating to ‘‘Endangered and Threatened submitted by the National Marine Fisheries ter 8 of title 5, United States Code, of the rule 

JUNE 5, 2023 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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