alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[NOT FOR PUBLICATION–NOT TO BE CITED AS PRECEDENT]

United States Court of Appeals

For the First Circuit

No. 96-2262

OTOKI GROUP, INC.,

Plaintiff, Appellant,

v.

GIBRALTAR, P.R., INC., ET AL.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

[Hon. Daniel R. Domínguez, U.S. District Judge]

Before

 Torruella, Circuit Judge,

Bownes, Senior Circuit Judge,

and Lipez, Circuit Judge.

Jose R. Garcia Perez, Esq. and Bufete Bennazar, C.S.P. on

brief for appellant.

July 23, 2001

Per Curiam. Otoki Group, Inc. (“Otoki”) appeals from the

district court’s order dismissing its complaint for failure to

comply with a court order. Otoki argues on appeal that the

district court erred in not remanding its case to the

Commonwealth court in Puerto Rico, because the court lacked

subject-matter jurisdiction over its case. Otoki further argues

that the district court abused its discretion in dismissing the

complaint. 

A district court has inherent authority to manage its docket

and may impose sanctions when it finds that its process has been

abused even in the absence of subject matter jurisdiction. Cf.

Unanue-Casal v. Unanue-Casal, 898 F.2d 839, 841 (1st Cir. 1990)

(imposing Fed.R.Civ.P. 11 sanctions after dismissing a petition

for removal to federal court). Thus, we decline to decide

whether the district court had subject-matter jurisdiction,

because, in the present circumstances where appellant has not

shown that filing a new action in Commonwealth court is barred

by the statute of limitations, see 31 P.R. Laws Ann. § 5303, we

conclude that the district court did not abuse its discretion in

dismissing Otoki’s complaint without prejudice as a sanction for

Otoki’s failure to comply with the district court’s order that

Otoki file a status report. See John’s Insulation, Inc. v. L.

Addison and Associates, Inc., 156 F.3d 101, 108 (1st Cir. 1998).

Accordingly, appellant’s motion requesting adjudication on its
brief without oral argument, pursuant to Fed.R.App.P. 34(f) is

granted and the judgment of the district court is affirmed.
#### Mary S. Krause, Respondent, v Mercy Hospital of Watertown et al., Appellants.

Order and amended order unanimously affirmed, with costs. (Appeal from order and amended order of Onondaga Supreme Court — vacate dismissal.) Present — Dillon, P. J., Cardamone, Hancock, Jr., Callahan and Moule, JJ.
§ 603.905 Record retention requirements. A TIA must require participants to keep records related to the TIA (for which the agreement provides Government access under § 603.910) for a period of three years after submission of the final financial status report for an expenditure-based TIA or final program performance report for a fixed-support TIA, with the following exceptions: ( a ) The participant must keep records longer than three years after submission of the final financial status report if the records relate to an audit, claim, or dispute that begins but does not reach its conclusion within the 3-year period. In that case, the participant must keep the records until the matter is resolved and final action taken.
( b ) Records for any real property or equipment acquired with project funds under the TIA must be kept for three years after final disposition.
PGI 232.070 Responsibilities.

(c) The Under or Assistant Secretary, or other designated official, responsible for the comptroller

function within the department or agency is the focal point for financing matters at the

department/agency headquarters. Departments and agencies may establish contract financing

offices at operational levels.

(i) Department/agency contract financing offices are:

(A) Army: Office of the Assistant Secretary of the Army (Financial Management).

(B) Navy: Office of the Assistant Secretary of the Navy (Financial Management and Comptroller),

Office of Financial Operations.

(C) Air Force: Air Force Contract Financing Office (SAF/FMPB).

(D) Defense agencies: Office of the agency comptroller.

(ii) Contract financing offices should participate in—

(A) Developing regulations for contract financing;

(B) Developing contract provisions for contract financing; and

(C) Resolving specific cases that involve unusual contract financing requirements.

Parent topic: PGI Part 232 - CONTRACT FINANCING
**Exhibit 32.2**

**Certification of Chief Financial Officer Under Section 906 of the Sarbanes-Oxley Act of 2002**

 

The undersigned officer of The First Bancorp, Inc. (the "Company") hereby certifies that the Company's quarterly report on Form 10-Q for the period ended September 30, 2009 to which this certification is being furnished as an exhibit (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. This certification is provided pursuant to 18 U.S.C. Section 1350 and Item 601(b)(32) of Regulation S-K ("Item 601(b)(32)") promulgated under the Securities Act of 1933, as amended (the "Securities Act"), and the Exchange Act. In accordance with clause (ii) of Item 601(b)(32), thiscertification (A) shall not be deemed "filed" for purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section, and (B) shall not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.

 

Date: November 6, 2009

 

/s/ F. Stephen Ward

F. Stephen Ward

Executive Vice President & Chief Financial Officer

The First Bancorp, Inc.
Editorial Note on Part 4
Editorial Note: Nomenclature changes to part 4 appear at 77 FR 39904, July 6, 2012.

§ 4.125 Preemployment inquiries. ( a ) Except as provided in paragraphs (b) and (c) of this section, a recipient may not conduct a preemployment medical examination or may not make preemployment inquiry of an applicant as to whether the applicant is a disabled person or as to the nature of severity of a disability. A recipient may, however, make preemployment inquiry into an applicant's ability to perform job-related functions.
( b ) When a recipient is taking remedial action to correct the effects of past discrimination, or when a recipient is taking voluntary action to overcome the effects of conditions that resulted in limited participation in its federally assisted program or activity, or when a recipient is taking affirmative action pursuant to section 503 of the Rehabilitation Act of 1973, the recipient may invite applicants for employment to indicate whether and to what extent they are disabled: *Provided,* That: ( 1 ) The recipient makes clear to the applicant that the information requested is intended for use solely in connection with its remedial action obligations or its voluntary or affirmative action efforts; and
( 2 ) The recipient makes clear to the applicant that the information is being requested on a voluntary basis, that it will be kept confidential as provided in paragraph (d) of this section, that refusal to provide it will not subject the applicant to any adverse treatment, and that it will be used only in accordance with this subpart.
( c ) Nothing in this section shall prohibit a recipient from conditioning an offer of employment on the results of a medical examination conducted prior to the employee's entrance on duty: *Provided,* That: ( 1 ) All entering employees are subjected to such an examination regardless of disability; and
( 2 ) The results of such an examination are used only in accordance with the requirements of this subpart.
( d ) Information obtained in accordance with this section as to the medical condition or history of the applicant must be collected on separate forms. The recipient shall retain each form as a record for three years from the date the applicant's employment ends, or, if not hired, from the date of application. Each form must be accorded confidentiality as a medical record, except that: ( 1 ) Supervisors and managers may be informed regarding restrictions on the work or duties that may be assigned to disabled persons and regarding necessary accommodations;
( 2 ) First aid and safety personnel may be informed, where appropriate, if the condition associated with the disability might require emergency treatment; and
( 3 ) Government officials investigating compliance with the Rehabilitation Act of 1973 shall be provided relevant information upon request.
[45 FR 14535, Mar. 6, 1980, as amended at 53 FR 19244, May 27, 1988]
IV 

109TH CONGRESS 

1ST SESSION H. RES. 459 

Recognizing the achievements and contributions of the Waterfowl Population 

Survey Program of the United States Fish and Wildlife Service. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2005 

Mr. DINGELL (for himself and Mr. WELDON of Pennsylvania) submitted the 

following resolution; which was referred to the Committee on Resources 

RESOLUTION 

Recognizing the achievements and contributions of the Waterfowl Population Survey Program of the United States 

Fish and Wildlife Service. 

Whereas every spring and summer, pilot-biologists take to the 

skies to survey North America’s waterfowl breeding 

grounds as part of the Waterfowl Population Survey of 

the United States Fish and Wildlife Service; 

Whereas such pilot-biologists, flying more than 80,000 miles 

a year and crisscrossing the country just above the treetops and open fields, and observers on the ground record 

the number of ducks, geese, and swans and assess the 

quality and quantity of water-fowl breeding habitats; 

Whereas from the wide-open bays and wetlands of the eastern 

shores of North America to some of the most remote re-
2 

•HRES 459 IH 

gions of Canada and Alaska, such pilot-biologists are documenting an important part of our wild heritage; 

Whereas the Waterfowl Population Survey of the United 

States Fish and Wildlife Service is celebrating its 50th 

anniversary in 2005, is featured on the 2005–2006 Federal migratory-bird hunting and conservation stamp (popularly known as the Duck Stamp), and has been recognized by the Congressional Sportsmen’s Foundation for 

its contribution to waterfowl hunting; 

Whereas the Waterfowl Population Survey Program has 

evolved into the largest and most reliable wildlife survey 

effort in the world; and 

Whereas for more than 50 years cooperative waterfowl surveys have been performed by the United States Fish and 

Wildlife Service, the Canadian Wildlife Service, State and 

provincial biologists, and non-governmental partners, and 

the results of such surveys have determined the status of 

North America’s waterfowl populations, play an important role in setting annual waterfowl hunting regulations, 

and help guide the decisions of waterfowl managers 

throughout North America: Now, therefore, be it 

1 Resolved, That the House of Representatives— 

2 (1) recognizes the achievements and contribu3 tions of the Waterfowl Population Survey Program 

4 of the United States Fish and Wildlife Service; 

5 (2) expresses strong support for the continued 

6 success of the Waterfowl Population Survey Pro7 gram; 
3 

•HRES 459 IH 

1 (3) encourages the United States Fish and 

2 Wildlife Service in its efforts to broaden under3 standing and public participation in the Waterfowl 

4 Population Survey Program by increasing partner5 ships to continue growth and development of the 

6 survey; and 

7 (4) reaffirms its commitment to the Waterfowl 

8 Population Survey Program and the conservation of 

9 the rich natural heritage of the United States. 

Æ
#### § 54.25 Report of the Advisory Committee on Reactor Safeguards.

Each renewal application will be referred to the Advisory Committee on Reactor Safeguards for a review and report. Any report will be made part of the record of the application and made available to the public, except to the extent that security classification prevents disclosure.
---

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of SLM Student Loan Trust 2013-1 (the “Exchange Act periodic reports”);
 
 2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;
 
 3. Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;
 
 4. Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer and administrator have fulfilled their obligations under the servicing agreement and administration agreement, as applicable, in all material respects; and
 
 5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K. In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party: Deutsche Bank National Trust Company, as indenture trustee.
 
  
 
  
 /s/ CHRISTIAN LOWN
844.402 Policy requirements.       (a)(3) Determine whether a particular subcontract item meets the definition of a commercial item. This requirement does not affect the contracting officer's responsibilities or determinations made under FAR 15.403-1(c)(3).    **Parent topic:** Subpart 844.4 - Subcontracts for Commercial Items and Commercial Components
222 So.2d 883

#### Vivian C. BARKER et vir, Emma B. Hicks et vir v. The PHOENIX INSURANCE COMPANY et al.

No. 49824.

June 9, 1969.

In re: West-Clark Motors, Inc., and the Phoenix Insurance Company applying for *135certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Webster. 220 So.2d 720; 220 So.2d 726.

Writ refused. On the facts found by the Court of Appeal there is no error of law in the judgment complained of.
Subpart 1217.70—Fixed-Price Contracts for Vessel Repair, Alteration, or Conversion    **Parent topic:** PART 1217—SPECIAL CONTRACTING METHODS1217.7000 Definition.       *Lay Days* means time allowed to the master of a vessel for loading and unloading the same.1217.7001 Clauses.       (a) The clause at 1252.217–70, Guarantee, shall be used where general guarantee provisions are deemed desirable by the contracting officer.          (1) When inspection and acceptance tests will afford full protection to the Government in ascertaining conformance to specifications and the absence of defects and deficiencies, no guarantee clause for that purpose shall be included in the contract.          (2) The customary guarantee period, to be inserted in the first sentence of the clause at 1252.217–70, Guarantee, is 60 days. In certain instances, it may be advisable for the contracting officer to include a contract clause for a guarantee period longer than 60 days. These instances are as follows—          (i) If, as a result of a full inquiry, the contracting officer determines that there will be no increased costs as a result of a longer guarantee period, the contracting officer may substitute guarantee longer than the usual 60 days; or          (ii) When the contracting officer's inquiry discloses that increased costs will result or are expected to result from a longer guarantee period, the contracting officer shall submit a letter to the Chief of the Contracting Office, requesting approval for use of guarantee period in excess of 60 days. The letter must contain sufficient facts to justify the use of a longer guarantee period. Upon approval, the contracting officer may insert a longer period in the first sentence of the clause at 1252.217–70, Guarantee.          (b) The contracting officer shall insert the following clauses in solicitations and contracts for vessel repair, alteration or conversion:          (1) 1252.217–71, Delivery and Shifting of Vessel.          (2) 1252.217–72, Performance.          (3) 1252.217–73, Inspection and Manner of Doing Work.          (4) 1252.217–74, Subcontracts.          (5) 1252.217–76, Liability and Insurance.          (6) 1252.217–77, Title.          (7) 1252.217–78, Discharge of Liens.          (8) 1252.217–79, Delays.          (9) 1252.217–80, Department of Labor Safety and Health Regulations for Ship Repair.          (c) The contracting officer may insert the clause at 1252.217–75, Lay Days, in sealed bid fixed-price solicitations and contracts for vessel repair, alteration, or conversion which are to be performed within the United States, the District of Columbia, and all territories and possessions of the United States. The contracting officer may also insert the clause at 1252.217–75, Lay Days, in negotiated solicitations and contracts to be performed outside the United States.
§ 600.226 Non-Federal audit. ( a ) *Basic rule.* Grantees and subgrantees are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations.” The audits shall be made by an independent auditor in accordance with generally accepted government auditing standards covering financial audits.
( b ) *Subgrantees.* State or local governments, as those terms are defined for purposes of the Single Audit Act Amendments of 1996, that provide Federal awards to a subgrantee, which expends $300,000 or more (or other amount as specified by OMB) in Federal awards in a fiscal year, shall: ( 1 ) Determine whether State or local subgrantees have met the audit requirements of the Act and whether subgrantees covered by OMB Circular A-110, “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations,” have met the audit requirements of the Act. Commercial contractors (private for-profit and private and governmental organizations) providing goods and services to State and local governments are not required to have a single audit performed. State and local governments should use their own procedures to ensure that the contractor has complied with laws and regulations affecting the expenditure of Federal funds;
( 2 ) Determine whether the subgrantee spent Federal assistance funds provided in accordance with applicable laws and regulations. This may be accomplished by reviewing an audit of the subgrantee made in accordance with the Act, Circular A-110, or through other means (e.g., program reviews) if the subgrantee has not had such an audit;
( 3 ) Ensure that appropriate corrective action is taken within six months after receipt of the audit report in instance of noncompliance with Federal laws and regulations;
( 4 ) Consider whether subgrantee audits necessitate adjustment of the grantee's own records; and
( 5 ) Require each subgrantee to permit independent auditors to have access to the records and financial statements.
( c ) *Auditor selection.* In arranging for audit services, § 600.236 shall be followed.
[53 FR 8045, 8087, Mar. 11, 1988. Redesignated at 59 FR 53264, Oct. 21, 1994, as amended at 61 FR 7166, Feb. 26, 1996; 62 FR 45939, 45940, Aug. 29, 1997] Changes, Property, and Subawards
Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 79 FR 75740, Dec. 19, 2014.

§ 40.46 Inalienability of licenses. ( a ) No license issued or granted pursuant to the regulations in this part shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless the Commission shall after securing full information, find that the transfer is in accordance with the provisions of this act, and shall give its consent in writing.
( b ) An application for transfer of license must include: ( 1 ) The identity, technical and financial qualifications of the proposed transferee; and
( 2 ) Financial assurance for decommissioning information required by § 40.36 or Appendix A to this part, as applicable.
[26 FR 284, Jan. 14, 1961, as amended at 76 FR 35569, June 17, 2011]
§ 54.3 Definitions. ( a ) As used in this part, *Current licensing basis* (CLB) is the set of NRC requirements applicable to a specific plant and a licensee's written commitments for ensuring compliance with and operation within applicable NRC requirements and the plant-specific design basis (including all modifications and additions to such commitments over the life of the license) that are docketed and in effect. The CLB includes the NRC regulations contained in 10 CFR parts 2, 19, 20, 21, 26, 30, 40, 50, 51, 52, 54, 55, 70, 72, 73, 100 and appendices thereto; orders; license conditions; exemptions; and technical specifications. It also includes the plant-specific design-basis information defined in 10 CFR 50.2 as documented in the most recent final safety analysis report (FSAR) as required by 10 CFR 50.71 and the licensee's commitments remaining in effect that were made in docketed licensing correspondence such as licensee responses to NRC bulletins, generic letters, and enforcement actions, as well as licensee commitments documented in NRC safety evaluations or licensee event reports.
*Integrated plant assessment* (IPA) is a licensee assessment that demonstrates that a nuclear power plant facility's structures and components requiring aging management review in accordance with § 54.21(a) for license renewal have been identified and that the effects of aging on the functionality of such structures and components will be managed to maintain the CLB such that there is an acceptable level of safety during the period of extended operation.
*Nuclear power plant* means a nuclear power facility of a type described in 10 CFR 50.21(b) or 50.22.
*Renewed combined license* means a combined license originally issued under part 52 of this chapter for which an application for renewal is filed in accordance with 10 CFR 52.107 and issued under this part.
*Time-limited aging analyses,* for the purposes of this part, are those licensee calculations and analyses that: ( 1 ) Involve systems, structures, and components within the scope of license renewal, as delineated in § 54.4(a);
( 2 ) Consider the effects of aging;
( 3 ) Involve time-limited assumptions defined by the current operating term, for example, 40 years;
( 4 ) Were determined to be relevant by the licensee in making a safety determination;
( 5 ) Involve conclusions or provide the basis for conclusions related to the capability of the system, structure, and component to perform its intended functions, as delineated in § 54.4(b); and
( 6 ) Are contained or incorporated by reference in the CLB.
( b ) All other terms in this part have the same meanings as set out in 10 CFR 50.2 or Section 11 of the Atomic Energy Act, as applicable.
[60 FR 22491, May 8, 1995, as amended at 72 FR 49560, Aug. 28, 2007]
#### § 600.380 Purpose.

The purpose of “Additional Provisions” is to provide alternative requirements for recipients otherwise covered by this subpart D, when they are performing under Small Business Innovation Research grants.