alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 248.13 FMNP income.

Program income means gross income the State agency earns from grant supported activities. It includes fees for services performed and receipts from the use or rental of real or personal property acquired with Federal grant funds, but does not include proceeds from the disposition of such property. The State agency shall retain Program income earned during the agreement period and use it for Program purposes in accordance with the addition method described in 2 CFR part 200, subpart D and USDA implementing regulations 2 CFR part 400 and part 415. Fines, penalties or assessments paid by local agencies or farmers/farmers' markets are also deemed to be FMNP income. The State agency shall ensure that the sources and applications of Program income are fully documented.

[59 FR 11517, Mar. 11, 1994, as amended at 81 FR 66496, Sept. 28, 2016]
§ 2502.8 Pre-award, award, and post-award procedures and administration of grants. ( a ) Unless otherwise provided in this rule, the requirements governing pre-award solicitation and submission of proposals and/or applications, the review and evaluation of such, the award of grant funds, and post-award and close-out procedures are those set forth at 7 CFR part 2500, subparts A, B, C, D, and E.
( b ) For purposes of the ACE Grants Program, the provisions of Subpart E, at 7 CFR 2500.49, “Prior Approvals,” shall not apply. In lieu of that provision, the following requirements shall apply: Awardees may not subcontract more than 20 percent of the award to other parties without prior written approval of the ADO. To request approval, a justification for the proposed subcontract, a performance statement, and a detailed budget for the subcontract must be submitted in writing to the ADO.
#### Sucrest Corporation, Respondent, v. Fisher Governor Company, Inc., Appellant, et al., Defendants.

Orders entered December 6, 1968, unanimously affirmed without costs and without disbursements. Special Term denied defendant’s motion to dismiss the complaint for lack of jurisdiction with leave to renew after plaintiff completed taking a deposition ordered on plaintiff’s cross motion. In the view we take of the application to examine, this disposition is correct. We also believe the deposition to have been properly ordered. However, we fear that the terms of the order may not be interpreted correctly, hence this clarifying memorandum. Jurisdiction was challenged on two grounds: that the person served was not managing agent of the moving corporate defendant; and that the minimum contact to allow service without the State (CPLR 302) did not exist. Plaintiff moved to take defendant’s deposition pursuant to CPLR 3211. Before such a deposition may be ordered it must be showtn that facts may exist which would confer jurisdiction but that plaintiff is unable to state them as of knowledge (see Practice Commentary, CPLR 3211, subd. [d], McKinney’s Cons. Laws of N. Y., Book 7B; *Smith*v. *Aztec Resort Motel,*21 Misc 2d 548). The record reveals sufficient to allow examination on the issue of whether service on the person served conferred jurisdiction. The examination should be limited to that issue only. Concur— Stevens, P. J., Eager, Capozzoli, Markewich and Steuer, JJ.
29–008 

108TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 108–620 

WAIVING A REQUIREMENT OF CLAUSE 6(a) OF RULE XIII WITH RESPECT 

TO THE SAME DAY CONSIDERATION OF CERTAIN RESOLUTIONS REPORTED BY THE RULES COMMITTEE 

JULY 20, 2004.—Referred to the House and ordered to be printed 

Mr. REYNOLDS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 731] 

The Committee on Rules, having had under consideration House 

Resolution 731, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution waives clause 6(a) of rule XIII (requiring a twothirds vote to consider a rule on the same day it is reported from 

the Rules Committee) against certain resolutions reported from the 

Rules Committee. The rule applies the waiver to any special rule 

reported on the legislative day of Wednesday, July 21, 2004, providing for consideration or disposition of a conference report to accompany the bill (H.R. 1308) to amend the Internal Revenue Code 

of 1986 to accelerate the increase in the refundability of the child 

tax credit, and for other purposes. 

Æ
Editorial Note on Part 1951
Editorial Notes: 1. Some of the exhibits referenced in this part 1951 are not published in the Code of Federal Regulations. Exhibits are available in any Rural Development office. 2. Nomenclature changes to part 1951 appear at 80 FR 9890-9894, Feb. 24, 2015.

§ 1951.852 Definitions and abbreviations. ( a ) *General definitions.* The following definitions are applicable to the terms used in this subpart. ( 1 ) *Intermediary* (Borrower). The entity receiving Rural Development loan funds for relending to ultimate recipients. Rural Development becomes an intermediary in the event it takes over loan servicing and/or liquidation.
( 2 ) *Loan Agreement.* The signed agreement between Rural Development and the intermediary setting forth the terms and conditions of the loan.
( 3 ) *Low-income.* The level of income of a person or family which is at or below the Poverty Guidelines as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)).
( 4 ) *Market value.* The most probable price which property should bring, as of a specific date in a competitive and open market, assuming the buyer and seller are prudent and knowledgeable, and the price is not affected by undue stimulus such as forced sale or loan interest subsidy.
( 5 ) *Principals of intermediary.* Includes members, officers, directors, and other entities directly involved in the operation and management of an intermediary organization.
( 6 ) *Ultimate recipient.* The entity receiving financial assistance from the intermediary. This may be interchangeable with the term “subrecipient” in some documents previously issued by HHS.
( 7 ) *Rural area.* Includes all territory of a State that is not within the outer boundary of any city having a population of twenty-five thousand or more.
( 8 ) *State.* Any of the fifty States, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
( 9 ) *Technical assistance or service.* Technical assistance or service is any function unreimbursed by Rural Development performed by the intermediary for the benefit of the ultimate recipient.
( 10 ) *Working capital.* The excess of current assets over current liabilities. It identifies the liquid portion of total enterprise capital which constitutes a margin or buffer for meeting obligations within the ordinary operating cycle of the business.
( b ) *Abbreviations.* The following abbreviations are applicable:
*B&I* —Business and Industry
*CSA* —Community Services Administration
*EIS* —Environmental Impact Statement
*HHS* —U.S. Department of Health and Human Services
*IRP* —Intermediary Relending Program
*OCS* —Office of Community Services
*OIG* —Office of Inspector General
*OGC* —Office of the General Counsel
*RDLF* —Rural Development Loan Fund
*USDA* —United States Department of Agriculture
[53 FR 30656, Aug. 15, 1988, as amended at 63 FR 6052, Feb. 6, 1998]
MISCELLANEOUS DISMISSALS

2006-0464.

#### State ex rel. Untied v. Common Pleas Court of Muskingum Cty.

Muskingum App. No. CT2005-0042. This cause is pending before the court as an appeal from the Court of Appeals for Muskingum County. It appears from the records of the court that the appellant has not filed a merit brief, due May 1, 2006, in compliance with the Rules of Practice of the Supreme Court and therefore has failed to prosecute this cause with the requisite diligence. Upon consideration thereof,

IT IS ORDERED by the court that this cause is, dismissed sua sponte.
EXHIBIT 4.7



 











Exhibit 4.7




Summary of Employment Arrangements




between Bayer Aktiengesellschaft




and Dr. Richard Pott






Term: Dr. Pott was appointed member of the Board of Management of the Company by the
Supervisory Board effective May 1, 2002. The term will expire on April 30, 2007.


Compensation: The aggregate remuneration of Dr. Pott for 2004 is comprised of the following
elements:



Base salary: EUR 408,627. Dr. Pott also received remuneration in kind totaling EUR 21,805
and consisting mainly of amounts such as the value assigned to the use of a company car for
taxation purposes.



Fixed supplement: EUR 170,647



Variable Bonus: EUR 771,120 (determined by attainment of the group cash flow target)



Stock option rights: Dr. Pott received a total of 6,735 option rights on the basis of his
own investments. The options from this tranche had a market value of EUR 212,355 at the closing
date.




Retirement: Dr. Pott is entitled to receive pension up from the age of 60. The yearly
pension entitlement is based on at least 30% of the sum of the last yearly base salary and fixed
supplement. This percentage increases over time depending on years of service as a Board member and
determines the final target pension level which is capped at 80%. These amounts are in addition to
any amounts received as a result of his participation in Bayer’s Employee Pension Plan (See Item
6).
Editorial Note on Part 2
Editorial Notes: 1. Nomenclature changes to part 2 appear at 83 FR 22178, May 14, 2018. 2. Nomenclature changes to part 2 appear at 83 FR 61310, Nov. 29, 2018 3. Nomenclature changes to part 2 appear at 85 FR 65504, Oct. 15, 2020. 4. Nomenclature changes to part 2 appear at 87 FR 44266, July 26, 2022.

Editorial Note on Subpart D of Part 2
Editorial Note: Nomenclature changes to subpart D of part 2 appear at 60 FR 66713, Dec. 26, 1995.

§ 2.34 Director, National Appeals Division. The Director, National Appeals Division, under the general supervision of the Secretary or Deputy Secretary, has specific duties, responsibilities, and authorities pursuant to subtitle H of the Department of Agriculture Reorganization Act of 1994, Public Law 103-354 (7 U.S.C. 6991 *et seq.*), including: ( a ) Deciding appeals from adverse decisions, made by an officer or employee of an agency of the Department designated by the Secretary, that are adverse to participants. The term “agency” shall include the following and any predecessor agency: the Farm Service Agency; the Commodity Credit Corporation (with respect to domestic programs); the Federal Crop Insurance Corporation; the Rural Housing Service; the Rural Business-Cooperative Service; the Natural Resources Conservation Service; and a State, county, or area committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)); and
( b ) The authority to appoint such hearing officers and other employees as are necessary for the administration of the activities of the Division.
( c ) Prepare a report each year on the number of requests for equitable relief and the disposition of such requests for inclusion in the report of the Secretary to Congress on equitable relief requests made to the Department under farm and conservation programs (7 U.S.C. 7996(g)(2).
[60 FR 56393, Nov. 8, 1995, as amended at 68 FR 27442, May 20, 2003; 79 FR 44112, July 30, 2014]
# T ATTORNEY GENERAI, OF TICXAS AUSTIN. TEXAS 78711

The Honorable Ron Resech Executive Director Texas Cosmetology Commission 1111 Rio Grande Austin, Texas 78701

Dear Mr. Resech: Opinion No. H- 490 Re: Whether college

offering instruction in cosmetology is public or private for purposes of regulation by the Texas Cosmetology Commission You ask whether acertain college which offers instruction in cosmetology is public or private for purposes of regulation by the Texas Cosmetology Commission. The Cosmetology Regulatory Act, V. T.C.S., art. 8451a, provides in section 12(b) that:

No person for compensation may conduct or operate abeauty shop, beauty culture school, wig salon, wig school, or any other place ofbusiness inwhich a practice of cosmetology, as defined in Section 1, is taught or practiced without first obtaining alicense. In section 2(l) ofthe Act “person I’is defined as “any individual, association, firm, corporation, partnership, or organization.” Thus, any private school which offers instruction in cosmetology must obtain alicense from the Texas Cosmetology Commission. On the other hand, public schools which offer cosmetology programs need not obtain alicense; instead they are required to have their facilities and equipment inspected and approved by the Commission’s Director ofInspections before commencing operations. V. T. C.S. art. 8451a. 526. “Public school,” is defined in section l(4) ofthe Act as follows:

p. 2216The Honorable Ron Resech, page 2 (H-490)

‘Public school’ includes public high school, public junior college and any other state-supported institution conducting acosmetology program. Thus, as defined inthe Cosmetology Act, a public school is one which is state-supported, meaning that its operations are financed directly by public funds. See Attorney General Opinion M-199 (1968). The College - about which you have inquired is not supported by public funds. Itis a private non-profit, tax-exempt corporation. Its operating funds are raised from the fees charged its students for tuition and from private sources. Since it is aprivate rather than a public school, itmust obtain alicense from the Texas Cosmetology Commission before it can conduct a cosmetology program. SUMMARY As defined inthe Cosmetology Act, a school which is not directly supported bypublic funds is not apublic school for purposes ofthe Cosmetology Act. 

# Aery truly yours,



# v Attorney General of Texas APPROVED:

DAVID M. KENDALL, First Assistant

C. ROBERT HEATH, Chairman Opinion Committee

po 2217
#### § 29.1074 Type 92.

That type of flue-cured tobacco commonly known as Foreign-grown Flue-cured, produced in countries other than the United States.

[49 FR 16756, Apr. 20, 1984. Redesignated at 51 FR 25027, July 10, 1986]
EXHIBIT 32.2

CERTIFICATION OF

CHIEF FINANCIAL OFFICER

OF QUINTANA MARITIME LIMITED

PURSUANT TO 18 U.S.C. § 1350

In connection with the accompanying report on Form 10-Q for the three months ended
June 30, 2007 filed with the Securities and Exchange Commission on the date hereof (the Report), I, Paul J. Cornell, Chief Financial Officer of Quintana Maritime Limited (the Company), hereby certify, to my knowledge,
pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes Oxley Act of 2002, that:



| | 1. | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ Paul J. CornellPaul J. CornellChief Financial Officer(Principal Financial Officer)


Date: August 9, 2007
#### §§ 28.5-28.6 [Reserved]
Editorial Note on Part 1948
Editorial Note: Nomenclature changes to part 1948 appear at 80 FR 9888, Feb. 24, 2015.

§ 1948.59 Ineligible activities. ( a ) Growth management and housing planning grant funds may not be used for: ( 1 ) Acquisition, construction, repair, or rehabilitation of existing housing and public facilities;
( 2 ) Replacement of, or substitution for, any financial support previously provided or assured from any other source which would result in a reduction of current efforts on the part of the applicant;
( 3 ) Duplication of current services;
( 4 ) Routine administrative activities not allowed under Federal Management Circular FMC 74-4, “Cost Principles Applicable to Grants and Contracts with State and Local Governments;”
( 5 ) Planning for areas other than approved designated areas;
( 6 ) Planning other than growth management and housing planning; or
( 7 ) Political activities.
( b ) Grant funds for site development may not be used for: ( 1 ) Construction, repair, or rehabilitation of housing and public facilities;
( 2 ) Replacement of, or substitution for, any financial support previously provided or assured from any other source which would result in a reduction of effort on the part of the applicant;
( 3 ) Administrative expenses not allowed under FMC 74-4;
( 4 ) Purposes for which funding exists under other State or Federal programs that may reasonably be obtained on a timely basis by the applicants;
( 5 ) Duplication of current services; or
( 6 ) Political activities.
Exhibit 32.1

                              FRONTIER ENERGY CORP.
                    CERTIFICATION PURSUANT TO 18 U.S.C. 1350



         The undersigned, Robert Genesi, in his capacities as Chairman, Chief
Executive Officer, Treasurer and Chief Financial Officer, of Frontier Energy
Corp. do each hereby certify that the Form 10-KSB of Frontier Energy Corp. for
the year ended December 31, 2005 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d))
and that the information contained in such Form 10-KSB fairly presents, in all
material respects, the financial condition and results of operations of Frontier
Energy Corp.

         This certification is given by the undersigned solely for the purpose
of 18 U.S.C. 1350 and is subject to the knowledge standard contained therein.


         Executed this 26th day of April, 2006.


                                             /s/    Robert Genesi
                                             ---------------------------
                                             Robert Genesi
                                             Chief Executive Officer, President
                                             and Principal Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           2,865
<SECURITIES>                                     6,262
<RECEIVABLES>                                    6,925
<ALLOWANCES>                                       291
<INVENTORY>                                      5,335
<CURRENT-ASSETS>                                22,060
<PP&E>                                          11,440
<DEPRECIATION>                                   6,456
<TOTAL-ASSETS>                                  28,556
<CURRENT-LIABILITIES>                            6,161
<BONDS>                                            173
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           152
<OTHER-SE>                                      21,943
<TOTAL-LIABILITY-AND-EQUITY>                    28,556
<SALES>                                         32,077
<TOTAL-REVENUES>                                32,077
<CGS>                                           15,110
<TOTAL-COSTS>                                   15,110
<OTHER-EXPENSES>                                14,320
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  2,974
<INCOME-TAX>                                       938
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,036
<EPS-BASIC>                                      .66
<EPS-DILUTED>                                      .66


</TABLE>
| (1)   | The      Report fully complies with the requirements of Section 13(a) 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      Registrant. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                      /s/ W. Randall Fowler  |
|-----------------------------------------------------------------------------------------------------------------------------|
| Name:                                                                                                                       | W.      Randall Fowler |
| Title:                                                                                                                      | Chief      Financial Officer of EPE Holdings, LLC |
|                                                                                                                        | on      behalf of Enterprise GP HoldingsL.P. |
###### Editorial Note on Part 1955

#### Editorial Note:

Nomenclature changes to part 1955 appear at 80 FR 9895, Feb. 24, 2015.

#### §§ 1955.23-1955.49 [Reserved]