alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Office for Domestic Preparedness 

U.S. Department of Homeland Security 

Washington, DC 20531

ODP Information Bulletin 

No. 164 May 05, 2005 

TO All State Administrative Agency Heads 

 All State Administrative Agency Points of Contact 

 All Core City/Core County Points of Contact 

 All State Homeland Security Directors 

FROM: Matt A. Mayer 

 Acting Executive Director 

SUBJECT: Allowable Costs—AmeriCorps*VISTA Program 

Grantees and sub-grantees of the FY04 and FY05 Homeland Security Grant Program (HSGP) 

may apply funding to fulfill sponsor obligations set forth in Memorandums of Agreement (but 

not grants) with the Corporation for National and Community Service to support 

AmeriCorps*VISTA (VISTA) volunteers who are developing and sustaining Citizen Corps 

Programs and Activities within their jurisdictions. Sponsor obligations under the Memorandums 

of Agreement may include: a duty to assist in the recruitment of applicants, operate the VISTA 

project in accordance with the DVSA and the requirements of the VISTA Handbook, provide onsight transportation and project support as specified in the Project Application, and submit 

Project Progress Reports. 

Grantees and sub-grantees may use the Citizen Corps Program allocations as allowable costs to 

support sponsorship of the VISTA volunteers. Usage by the other funding streams (e.g., UASI, 

etc) may be allowable but must be approved in advance on a case by case basis by the 

Preparedness Officer in coordination with the Citizen Corps Headquarters Program office. This 

bulletin applies only to VISTA members (VISTA volunteers) and to no other AmeriCorps 

program or participant. 

Because this application of funds supports another federal program, grantees and sub-grantees 

who intend to use HSGP funding to sponsor AmeriCorps*VISTA volunteers must notify their 

SLGCP Preparedness Officer and their Citizen Corps Regional Program Manager of the amount 

of HSGP funding being used and the number of VISTA volunteers that will be supported. In 

addition, grantees and sub-grantees who fund AmeriCorps*VISTA volunteers are asked to 

include reference to this resource in the relevant project descriptions of the FY05 ISIP report. 

Questions about costs may be directed by electronic mail to askcsid@dhs.gov, or you may call 

the toll free number at 1-800-368-6498. Questions about the AmeriCorps*VISTA Program 

should be directed to Carol Rogers, Senior Program Specialist, AmeriCorps*VISTA at 

crogers@cns.gov.
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<NAME>                             Hutton Investors Futures Fund, L.P. II
                                    
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§ 21.65 Access to records in exempt systems. ( a ) Where a Privacy Act Record System is exempt and the requested records are unavailable under § 21.61, an individual may nevertheless make a request under § 21.40 for notification concerning whether any records about him exist and request access to such records where they are retrieved by his name or other personal identifier.
( b ) An individual making a request under paragraph (a) of this section; ( 1 ) May be given access to the records where available under part 20 of this chapter (the public information regulations) or the Commissioner may, in his discretion, entertain a request under any or all of the provisions of §§ 21.40 through 21.54; and
( 2 ) Shall be given access upon request if the records requested are subject to 5 U.S.C. 552a(k)(2) and not to 5 U.S.C. 552a(j)(2) (i.e., because they consist of investigatory material compiled for law enforcement purposes other than criminal law enforcement purposes) and maintenance of the records resulted in denial to the individual of any right, benefit, or privilege to which he would otherwise be entitled by Federal law, or for which he would otherwise be eligible. An individual given access to a record under this paragraph (b)(2) is not entitled to seek amendment under subpart E of this part. The FDA may refuse to disclose a record that would reveal the identity of a source who furnished information to the Government under a promise of confidentiality, which must be an express promise if the information was furnished on or after September 27, 1975. Any individual refused access to a record that would reveal a confidential source shall be advised in a general way that the record contains information that would reveal a confidential source.
( c ) The Commissioner shall not make available any record that is prohibited from public disclosure under § 20.82(b) of this chapter.
( d ) Discretionary disclosure of a record pursuant to paragraph (b)(1) of this section shall not set a precedent for discretionary disclosure of a similar or related record and shall not obligate the Commissioner to exercise his discretion to disclose any other record in a system that is exempt under § 21.61.
§ 335.1 Scope. ( a ) An over-the-counter antidiarrheal drug product in a form suitable for oral administration is generally recognized as safe and effective and is not misbranded if it meets each condition in this part and each general condition established in § 330.1 of this chapter.
( b ) References in this part to regulatory sections of the Code of Federal Regulations are to chapter I of title 21 unless otherwise noted.
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TELEPHONE CONTACT SUMMARY

Brick and Structural Clay Products

FROM: Gabrielle Raymond, RTI International

DATE OF CONTACT: May 1 1

, 2015

ORGANIZATION CONTACTED:
Whitacre Greer Co.

PERSON CONTACTED:
John E. Miller

, Engineering/EHS Manager
330

- 823

- 1610 x230

PURPOSE OF CONTACT: To obtain additional information regarding green brick mercury testing results

.

SUMMARY OF CONTACT:

The Br ick Industry Association (BIA) provided the EPA with a spreadsheet of mercury green brick testing results with the intent to add a mercury raw material variability factor to the Mercury MACT floor limit. In order to incorporate this raw material data, the EPA need ed to know a little bit more about the general location of the clay deposits being used by the facilities :

- What is the clay deposit name being used by the facility?

- What is the geological age of the deposit?

- Is the location of the facility approximately the same location as the deposit?

Mr. Miller indicated that the Whitacre Greer C o

. could provide th e additiona l information regarding the deposit information in correlation to the green brick mercury testing results.

Mr. Miller was informed that a s preadsheet of the Whitacre Greer C o

. facilities that provided green brick testing results to EPA via BIA would be em ailed to him to fill in the : Name of Clay Deposit, Geological Age of the Deposit, and Latitude/Longitude of the Clay Deposit.
<PAGE>

                                                                    EXHIBIT 32.2

                            CERTIFICATE PURSUANT TO
                            18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Annual Report of Independence Community Bank Corp.
(the "Company") on Form 10-K for the period ending December 31, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Frank W. Baier, Executive Vice President, Chief Financial Officer, Treasurer
and Principal Accounting Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

          (1) 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.

                                                  /s/ FRANK W. BAIER
                                          --------------------------------------
                                                      Frank W. Baier
                                                Executive Vice President,
                                                 Chief Financial Officer,
                                            Treasurer and Principal Accounting
                                                         Officer

March 10, 2004

     A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act has been provided to Independence Community Bank Corp. and
will be retained by Independence Community Bank Corp. and furnished to the
Securities and Exchange Commission or its staff upon request.
§ 502.19 Petitions. ( a ) The Commissioner of Food and Drugs, either on his own initiative or on behalf of any interested person who has submitted a petition, may publish a proposal to issue, amend, or revoke, under this part, a regulation prescribing a common or usual name for a food, pursuant to part 10 of this chapter.
( b ) If the principal display panel of a food for which a common or usual name regulation is established is too small to accommodate all mandatory requirements, the Commissioner may establish by regulation an acceptable alternative, e.g., a smaller type size. A petition requesting such a regulation, which would amend the applicable regulation, shall be submitted pursuant to part 10 of this chapter.
[42 FR 4716, Jan. 25, 1977; 42 FR 10980, Feb. 25, 1977. Redesignated at 42 FR 14091, Mar. 15, 1977, and amended at 42 FR 15675, Mar. 22, 1977; 42 FR 24254, May 13, 1977]
§ 1303.25 Increase in individual manufacturing quotas. ( a ) Any registrant who holds an individual manufacturing quota for a basic class of controlled substance listed in Schedule I or II may file with the Administrator an application on Administration Form 189 for an increase in such quota in order for him to meet his estimated net disposal, inventory and other requirements during the remainder of such calendar year.
( b ) The Administrator, in passing upon a registrant's application for an increase in his individual manufacturing quota, shall take into consideration any occurrences since the filing of such registrant's initial quota application that may require an increased manufacturing rate by such registrant during the balance of the calendar year. In passing upon such application the Administrator may also take into consideration the amount, if any, by which his determination of the total quantity for the basic class of controlled substance to be manufactured under § 1303.11 exceeds the aggregate of all the individual manufacturing quotas for the basic class of controlled substance, and the equitable distribution of such excess among other registrants.
[36 FR 7786, Apr. 24, 1971, as amended at 36 FR 13386, July 21, 1971. Redesignated at 38 FR 26609, Sept. 24, 1973]
38807.

#### LOWRY v. SMITH, by Next Friend.

Frankum, Judge.

“A defendant can not decline to litigate in a suit in which he has already been brought into court by bringing another action, since he is bound to set up all defenses in the first suit, either legal or equitable^ whether or not they involve the granting of affirmative relief.” *Jeffrey McElreath Mfg. Co. v. Hill,*212 Ga. 183 (1) (91 S. E. 2d 337). See also *Mitchell v. State Highway Dept.,*216 Ga. 517 (118 *S.*E. 2d 88); *Johnson v. Fulton County,*216 Ga. 498 (117 S. E. 2d 155).

“It is a recognized rule of law that one may not refuse to file a defense to a pending suit against himself and then proceed to bring another action setting forth as grounds for recovery matters that should be pleaded as a defense to the pending *602suit.” *Vaughan v. Vaughan,*209 Ga. 730, 731 (75 S. E. 2d 545).

Decided April 28, 1961.

*Lucio L. Russo,*for plaintiff in error.

*Richard G. Greer,*contra.

*Code*§ 3-601 provides, in part: “No suitor may prosecute two actions in the courts at the same time, for the same cause, and against the same party . . . and the pendency of the former [suit] shall be a good defense to the latter, if commenced at different times.” However, as provided in *Code*§ 3-607, *.*J if the first action is so defective that no recovery can possibly be had, the pendency of a former suit shall not abate the action.” See also *Dobson v. Truscon Steel Co.,*70 Ga. App. 574 (28 S. E. 2d 870).

In the instant case the plaintiff is seeking to sue for damages in DeKalb County when an action by the defendant, arising out of the same occurrence, is pending in Fulton County, to which the plaintiff in the instant case filed defensive pleadings. The plaintiff contends that the defendant, a minor, filed suit in Fulton County in his own name without a guardian *ad litem,*and for such reason, the suit was fatally defective whereby it cannot be the basis for sustaining a plea in abatement. We do not agree. The first suit, though defective, was not one in which no' possible recovery could be rendered. “A suit commenced and prosecuted by an infant alone shall not be void; and although the suit may be defective in wanting a guardian or next friend, the defect shall be amendable before verdict and cured by verdict.” *Code*§ 3-115.

The trial court did not err in sustaining the plea in abatement and dismissing the petition.

*Judgment affirmed.*

*Townsend, P. J., and Jordan, J., concur.*
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<ARTICLE>         5
<LEGEND>          THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
                  INFORMATION EXTRACTED FROM THE 
                  COMPANY'S UNAUDITED FINANCIAL STATEMENTS
                  AS OF AND FOR THE PERIOD ENDING JUNE 28,
                  1997, AND IS QUALIFIED IN ITS ENTIRETY BY 
                  REFERENCE TO SUCH FINANCIAL STATEMENTS 
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<PAGE>

                                  EXHIBIT 10.1

                               Amendment No. 1 To
                                 USG Corporation
                           Stock Compensation Program
                           For Non-Employee Directors
                 (As Amended and Restated as of January 1, 2005)

     Section 9.1 of the USG Corporation Stock Compensation Program for
Non-Employee Directors (As Amended and Restated as of January 1, 2005) is
amended to read in its entirety as follows:

          9.1 ANNUAL GRANT IN CASH OR EQUITY. Each non-employee director of the
          Corporation shall receive an annual grant equal to $30,000 or a
          proportionate share of such grant based on full months of service as a
          non-employee director since the prior July 1, normally payable in cash
          in a lump sum. The regular Grant Date each year shall be July 1,
          commencing July 1, 2006. Notwithstanding the foregoing, in lieu of
          such a lump sum cash payment a Participant may elect, in a writing
          filed with the Corporate Secretary of the Corporation, to receive
          payment in an equivalent amount in Shares valued at the Fair Market
          Value of a Share (i) for grants with a Grant Date of July 1, 2006, on
          the first trading date following the Grant Date, and (ii) for grants
          with a Grant Date of July 1 in years after 2006, on the last trading
          date preceding the Grant Date.
§ 176.210 Award term—Recovery Act transactions listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Subrecipients. The award term described in this section shall be used by agencies to clarify recipient responsibilities regarding tracking and documenting Recovery Act expenditures: ( a ) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) (Recovery Act) as required by Congress and in accordance with 2 CFR 215.21 “Uniform Administrative Requirements for Grants and Agreements” and OMB Circular A-102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. OMB Circular A-102 is available at *http://www.whitehouse.gov/omb/circulars/a102/a102.html .*
( b ) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, “Audits of States, Local Governments, and Non-Profit Organizations,” recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by OMB Circular A-133. OMB Circular A-133 is available at *http://www.whitehouse.gov/omb/circulars/a133/a133.html .* This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF-SAC by CFDA number, and inclusion of the prefix “ARRA-” in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF-SAC.
( c ) Recipients agree to separately identify to each subrecipient, and document at the time of subaward and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program.
( d ) Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office.
[No. 38848-7-I.

Division One.

December 22, 1997.]

#### *In the Matter of the Marriage of*William B. Corley, *Appellant,*and Mary Jo O’Neill, *Respondent.*

Appeal from a judgment of the Superior Court for King County, No. 95-3-09500-7, Carlos Y. Velategui, J. Pro Tern., entered January 22, 1996. *Affirmed*by unpublished per curiam opinion.