alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
PGI 222.1704 Violations and remedies.       (1) If the contracting officer receives information indicating that the contractor, a contractor employee, a subcontractor, or a subcontractor employee has failed to comply with the requirements of the clause at FAR 52.222-50, the contracting officer          shall—          (i) Through the contracting officer's local commander or other designated representative, immediately notify the Combatant Commander responsible for the geographical area in which the incident has occurred; and          (ii) Provide information about any investigation and enforcement to—          (A) Program Manager,             DoD CTIP Policy and Programs Support at https://ctip.defense.gov/ or by email tododctip@mail.mil; and          (B) Defense Pricing and Contracting             (Contract Policy) by email to osd.pentagon.ousd-a-s.mbx.dpc-cp@mail.mil.          (2) Reports may be made to the DoD Inspector             General Hotline at http://www.dodig.mil/hotline/ or 800-424-9098, first and             foremost.          (3) Reports also may             be made to the National Human Trafficking Hotline at 1-888-373-7888 or to the  Hotline             website at https://humantraffickinghotline.org/.    **Parent topic:** PGI 222.17 -COMBATING TRAFFICKING IN PERSONS
#### § 431.461 Purpose and scope.

This subpart contains definitions, test procedures, and energy conservation requirements for pumps, pursuant to Part A-1 of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6311-6317.
Case 2:06-cv-00749-ID-SRW Document 6 Filed 08/29/2006 Page 1 of 2
Case 2:06-cv-00749-ID-SRW Document 6 Filed 08/29/2006 Page 2 of 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Office of Personnel Management

# AGENCY:

Office of Personnel Management.

# ACTION:

Notice.

# SUMMARY:

In accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, May 22, 1995), this notice announces that the Office of Personnel Management (OPM) has submitted to the Office of Management and Budget (OMB) a request for review of a revised information collection. This information collection, “Designation of Beneficiary: Civil Service Retirement System (CSRS)” (OMB Control No. 3206-0142; Standard Form 2808), is used by persons covered by CSRS to designate a beneficiary to receive the lump sum payment due from the Civil Service Retirement and Disability Fund in the event of their death.

Approximately 2,000 forms will be completed annually. The form takes approximately 15 minutes to complete. The annual burden is estimated at 500 hours.

                        For copies of this proposal, contact Cyrus S. Benson on (202) 606-4808, FAX (202) 606-0910 or via e-mail to                         *Cyrus.Benson@opm.gov.*                         Please include a mailing address with your request.                    

# DATES:

Comments on this proposal should be received within 30 calendar days from the date of this publication.

# ADDRESSES:

Send or deliver comments to— 

James K. Freiert, (Acting) Deputy Associate Director, Retirement Operations, Retirement Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 3305, Washington, DC 20415-3500;

and

OPM Desk Officer, Office of Information & Regulatory Affairs, Office of Management and Budget, New Executive Office Building, 725 17th Street, NW., Room 10235, Washington, DC 20503.

**For information regarding administrative coordination contact:**                         Cyrus S. Benson, Team Leader, Publications Team, RS/RM/Administrative Services, U.S. Office of Personnel Management, 1900 E Street, NW., Room 4H28, Washington, DC 20415. (202) 606-4808.                    

U.S. Office of Personnel Management.

John Berry,

Director.

[FR Doc. 2010-31668 Filed 12-16-10; 8:45 am]

BILLING CODE 6325-38-P
PGI 219.602 Procedures.

PGI 219.602-1 Referral.

PGI 219.602-3 Resolving differences between the agency and the Small Business

Administration.

Parent topic: PGI 219.6 -CERTIFICATES OF COMPETENCY
#### ETSHELLS, Respondent, v. FARGO, Appellant.

(Supreme Court, Appellate Division, First Department.

December 24, 1914.)

Action by Harry Etshells against James F. Fargo, as Treasurer, etc. J. G. Milburn, of New York City, for appellant. J. A. O’Leary, of New York City, for respondent.

PER CURIAM.

Judgment and order affirmed, with costs. See, also, 144 N. Y. Supp. 1069; 161 App. Div. 927, 146 N. Y. Supp. 1090. Order filed.

McLaughlin, J., dissents.
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#### § 434.515 Receptacles.

515.1 Receptacle loads and profiles are default assumptions. The same assumptions shall be made in calculating Design Energy Consumption as were used in calculating the Energy Cost Budget.

515.2 Receptacle loads include all general service loads that are typical in a building. These loads exclude any process electrical usage and HVAC primary or auxiliary electrical usage. Table 515.2, Receptacle Power Densities, establishes the density, in W/ft2, to be used for each building type. The receptacle energy profiles shall be the same as the lighting energy profiles in Table 513.2.b. This profile establishes the percentage of the receptacle load that is switched on by hour of the day and by building type.

Table 515.2—Receptacle Power Densities

| Building type | W/ft2 of conditioned floor area |
| --- | --- |
| Assembly | 0.25 |
| Office | 0.75 |
| Retail | 0.25 |
| Warehouse | 0.1 |
| School | 0.5 |
| Hotel/Motel | 0.25 |
| Restaurant | 0.1 |
| Health | 1.0 |
| Multi-family High Rise Residential | |
| | |
| --- | --- |
| Included in Lights and Equipment portions of Tables 512.2 a and b. | |
178513.1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

FARMERS TELECOMMUNICATIONS )

COOPERATIVE, INC., )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 2:06-cv-00790-WC

)

VERIZON BUSINESS NETWORK )

SERVICES INC. and QWEST )

COMMUNICATIONS CORPORATION, )

)

Defendants. )

NOTICE OF APPEARANCE

Please enter the appearance of Joe Seawell Moore, Balch & Bingham LLP, 105 

Tallapoosa Street, Suite 200, P. O. Box 78, Montgomery, Alabama 36101, as counsel of record 

for Defendant Qwest Communications Corporation in the above-entitled action. The Court and 

opposing counsel are requested to include Joe Seawell Moore in service and distribution of all 

pleadings, motions and orders filed or entered herein.

Respectfully submitted on this 27th day of March, 2007.

/s Joe Seawell Moore

Joe Seawell Moore (ASB-9146-O77M)

One of the Attorneys for Defendant Qwest 

Communications Corporation

Balch & Bingham LLP

105 Tallapoosa Street, Suite 200

Montgomery, Alabama 36101

Telephone: (334) 834-6500

Fax: (334) 269-3115

Email: jsmoore@balch.com

Case 2:06-cv-00790-WC Document 35 Filed 03/27/2007 Page 1 of 3
178513.1 2

Robin G. Laurie (ASB-4217-U64R)

Balch & Bingham LLP

105 Tallapoosa Street

Suite 200

Montgomery, Alabama 36104

Telephone: (334) 834-6500

Fax: (334) 269-3115

Email: rlaurie@balch.com

Leigh Anne Hodge (ASB-1008-E49L)

Balch & Bingham LLP

1710 Sixth Avenue North

Birmingham, Alabama 35203-2015

Telephone: (205) 226-8724

Fax: (205) 488-5698

Email: lhodge@balch.com

Case 2:06-cv-00790-WC Document 35 Filed 03/27/2007 Page 2 of 3
178513.1 3

CERTIFICATE OF SERVICE

I hereby certify that on this 27th day of March, 2007, I electronically filed the foregoing 

with the Clerk of the Court using the CM/ECF system which will send notification of such filing 

to the following:

Jonathan M. Hooks (HOO032)

Mark D. Wilkerson (WIL072)

Dana H. Billingsley (BIL012)

Wilkerson & Bryan, P.C.

P. O. Box 830

405 South Hull Street

Montgomery, Alabama 36101-0830

Telephone: (334) 265-1500

Fax: (334) 265-0319

mark@wilkersonbryan.com

dana@wilkersonbryan.com

jonathan@wilkersonbryan.com

Patrick H. Tate (TAT006)

P. O. Box 680593

Fort Payne, Alabama 35968

Telephone: (256) 845-1047

Fax: (256) 845-1094

phtate@farmerstel.com

Bryan O. Balough (BAL026)

Starnes & Atchison

P. O. Box 598512

Birmingham, Alabama 35259-8512

Telephone: (205) 868-6000

Fax : (205) 868-6099

bob@starneslaw.com

/s Joe Seawell Moore

Joe Seawell Moore (ASB-9146-O77M)

One of the Attorneys for Defendant Qwest 

Communications Corporation

Balch & Bingham LLP

105 Tallapoosa Street

Suite 200

Montgomery, Alabama 36101

Telephone: (334) 834-6500

Fax: (334) 269-3115

Email: jsmoore@balch.com

Case 2:06-cv-00790-WC Document 35 Filed 03/27/2007 Page 3 of 3
Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 79 FR 75740, Dec. 19, 2014.

§ 40.10 Deliberate misconduct. ( a ) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not: ( 1 ) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or
( 2 ) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC.
( b ) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B.
( c ) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: ( 1 ) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or
( 2 ) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor.
[63 FR 1896, Jan. 13, 1998]
Editorial Note on Part 35
Editorial Note: Nomenclature changes to part 35 appear at 79 FR 75739, Dec. 19, 2014.

§ 35.200 Use of unsealed byproduct material for imaging and localization studies for which a written directive is not required. Except for quantities that require a written directive under § 35.40(b), a licensee may use any unsealed byproduct material prepared for medical use for imaging and localization studies that is— ( a ) Obtained from: ( 1 ) A manufacturer or preparer licensed under § 32.72 of this chapter or equivalent Agreement State requirements; or
( 2 ) A PET radioactive drug producer licensed under § 30.32(j) of this chapter or equivalent Agreement State requirements; or
( b ) Excluding production of PET radionuclides, prepared by: ( 1 ) An authorized nuclear pharmacist;
( 2 ) A physician who is an authorized user and who meets the requirements specified in § 35.290, or 35.390 and 35.290(c)(1)(ii)(G); or
( 3 ) An individual under the supervision, as specified in § 35.27, of the authorized nuclear pharmacist in paragraph (b)(1) of this section or the physician who is an authorized user in paragraph (b)(2) of this section;
( c ) Obtained from and prepared by an NRC or Agreement State licensee for use in research in accordance with a Radioactive Drug Research Committee-approved protocol or an Investigational New Drug (IND) protocol accepted by FDA; or
( d ) Prepared by the licensee for use in research in accordance with a Radioactive Drug Research Committee-approved application or an Investigational New Drug (IND) protocol accepted by FDA.
[67 FR 20370, Apr. 24, 2002, as amended at 68 FR 19324, Apr. 21, 2003; 71 FR 15009, Mar. 27, 2006; 72 FR 55932, Oct. 1, 2007]
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA OF

NORTHERN DIVISION

LILLIAN FRIESON, )

)

Plaintiff, ) 

v. ) CASE NO. 2:06-cv-791-MEF

) WO

STATE OF FLORIDA, et al., )

)

Defendants. )

O R D E R

After an independent review of the file, it is the ORDER, JUDGMENT and DECREE

of the court that:

1. The plaintiff's "Motion to Strike Portions of Magistrate Judge Susan Russ Walker

Recommendation and Order," which the Court construes to be an objection (Doc. #5) to the

Recommendation of the Magistrate Judge (Doc. #4) filed on September 20, 2006, is

OVERRULED;

2. The Recommendation of the Magistrate Judge entered on September 8, 2006 is

ADOPTED;

3. The plaintiff's claims against the State of Florida, the Florida Department of

Highway Safety & Motor Vehicles, the Florida Highway Patrol, and defendants Jane Doe and

John Doe in their official capacities are DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B),

as the claims are barred by the Eleventh Amendment.

4. This action is TRANSFERRED to the United States District Court for the Northern

Case 2:06-cv-00791-MEF-SRW Document 6 Filed 10/11/06 Page 1 of 2
2

District of Florida, the only court in which venue is proper.

DONE this 11th day of October, 2006.

 /s/ Mark E. Fuller 

CHIEF UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00791-MEF-SRW Document 6 Filed 10/11/06 Page 2 of 2
#### Karen Ann EISEN *v.*John A. SMITH & Wanda Smith

07-873

261 S.W.3d 468

Supreme Court of Arkansas

Opinion delivered September 6, 2007

*Robert R.*Cloar, for appellant.

*J. Timothy Smith,*for appellees.

Per Curiam.

Appellant Karen A. Eisen moves this court for a rule on clerk, claiming that she tendered the record in a timely fashion. The record reflects that in *Smith v. Eisen,*97 Ark. App. 130, 245 S.W.3d 160 (2006), the court of appeals reversed and remanded on cross-appeal, directing the circuit court to take evidence on the issue of attorney’s fees and to enter an appropriate award to Eisen. The circuit court did so and entered its order, awarding Eisen $17,666.25 in fees, on March 7, 2007.

On March 21, 2007, Eisen filed a timely posttrial motion for partial relief from the judgment on attorney’s fees and other items and a brief in support. The Smiths responded, and while the circuit court sent correspondence to the parties on the matter, no order was filed. The motion was thus deemed denied on April 20, 2007. *See*Ark. R. App. P.-Civ. 4(b)(1) (2007). On May 16, 2007, Eisen timely filed her notice of appeal from both the March 7, 2007 order and the deemed denial of her posttrial motion. She then tendered the record to this court’s clerk on August 10, 2007, which was well within the ninety-day period for filing the record. *See*Ark. R. App. P.-Civ. 5(a) (2007).

Because our review of the record reveals that Eisen’s record was timely tendered to this court, we grant her motion for rule on clerk and direct the clerk to file the record.

Motion for rule on clerk granted.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Housing and Urban Development

          - [Docket No. FR-5375-N-50]

# AGENCY:

Office of the Assistant Secretary for Community Planning and Development, HUD.

# ACTION:

Notice.

# SUMMARY:

This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.

# FOR FURTHER INFORMATION CONTACT:

Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7262, Washington, DC 20410; telephone (202) 708-1234; TTY number for the hearing- and speech-impaired (202) 708-2565, (these telephone numbers are not toll-free), or call the toll-free Title V information line at 800-927-7588.

# SUPPLEMENTARY INFORMATION:

                    In accordance with the December 12, 1988 court order in                     *National Coalition for the Homeless*                     v.                     *Veterans Administration,*                     No. 88-2503-OG (D.D.C.), HUD publishes a Notice, on a weekly basis, identifying unutilized, underutilized, excess and surplus Federal buildings and real property that HUD has reviewed for suitability for use to assist the homeless. Today's Notice is for the                           ( print page 80837)                        purpose of announcing that no additional properties have been determined suitable or unsuitable this week.                

Dated: December 16, 2010.

Mark R. Johnston,

Deputy Assistant Secretary for Special Needs.

[FR Doc. 2010-32011 Filed 12-22-10; 8:45 am]

BILLING CODE 4210-67-P
Subpart 1644.1—General

Parent topic: PART 1644—SUBCONTRACTING POLICIES AND PROCEDURES

1644.170 Policy for FEHB Program subcontracting.

(a) General policy. Carriers must follow commercially reasonable procurement procedures that

comply, when required, with the Federal Acquisition Regulations (FAR) policies and procedures

relating to competition and contract pricing for the acquisition of both commercial and

noncommercial items.

(b) Consent. For all experience-rated contracts, carriers will notify the Contracting officer in writing

at least 30 days in advance of entering into any subcontract or subcontract modification, or as

otherwise specified by the contract, if: the amount of the subcontract or the amount of the

subcontract and modification charged to the FEHB Program equals or exceeds $550,000 and is at

least 25 percent of the total subcontract's costs. The amount of the dollar charge to the FEHB

Program shall be adjusted by the same amount and at the same time as any change to the threshold

for application of the Truth in Negotiations Act pursuant to 41 U.S.C. 254b(a)(7). Failure to provide

advance notice may result in a Contracting officer's disallowance of subcontract costs or a penalty

when considering the performance aspect of the carriers' service charge.

(1) All subcontracts or subcontract modifications that equal or exceed the threshold are subject to

audit under FAR 52.215–2 “Audit and Records-Negotiations” if based on cost analysis, and subject to

the provisions of 48 CFR 1646.301 and 1652.246–70 “FEHB Inspection” if based on price analysis.

(2) In determining whether the amount chargeable to the FEHB Program contract for a given

subcontract or modification equals or exceeds the $550,000 threshold, the following rules apply:

(i) For initial advance notification, the carrier shall provide the total cost/price for the base year.

(ii) The carrier shall provide advance notification of any modifications, options, including quantity or

service options and option periods, and renewals of “evergreen contracts” that cause the total price

to equal or exceed the threshold. OPM's review will be of the modification(s), itself, but

documentation for the original subcontract will be required to perform the review.

(iii) The $550,000 threshold will be adjusted by the same amount and at the same time as any

change to the threshold for application of the Truth in Negotiations Act.
Case 2:06-cv-00714-MHT-WC Document 14 Filed 11/27/2006 Page 1 of 2
Case 2:06-cv-00714-MHT-WC Document 14 Filed 11/27/2006 Page 2 of 2