alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Docket Number: FA A**  **- 2012**  **- 0810**
#### § 53.6091-2 Exceptional cases.

Notwithstanding the provisions of § 53.6091-1, the Commissioner may permit the filing of any Chapter 42 tax return in any local Internal Revenue Service office.

[T.D. 7368, 40 FR 29843, July 16, 1975. Redesignated by T.D. 8084, 51 FR 16303, May 2, 1986, as amended by T.D. 9156, 69 FR 55746, Sept. 16, 2004]
#### Michael J. LESESNE, Petitioner-Appellant, v. Willie EAGLETON, Warden of Evans Correctional Institution; Charles Molony Condon, Respondents-Appellees.

No. 01-7932.

United States Court of Appeals, Fourth Circuit.

Submitted March 26, 2002.

Decided June 24, 2002.

Michael J. Lesesne, Appellant Pro Se. William Edgar Salter, III, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellees.

Before MICHAEL, MOTZ, and TRAXLER, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

Michael J. Lesesne appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp.2001). We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. *See Lesesne v.*
      *707
      *Eagleton,*No. CA-00-2495-4-23BF (D.S.C. filed Sept. 25, 2001; entered Sept. 26, 2001). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
EXHIBIT 31.2
  
 RULE 13a-14(a) CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO SECTION 302 OF THE SARBANES OXLEY ACT OF 2002
 
 I, Blaise B. Bettendorf, certify that:
 
 1. I have reviewed this quarterly report on Form 10-Q of Summit Financial Corporation;
 
 2. Based on my knowledge, this report does 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, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;
 
 4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 
 a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;
 
 b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and
 
 c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and
 
 5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):
 
 a) All significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and
 
 b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.
 
  
 Date: August 7, 2003
/s/ Blaise B. BettendorfBlaise B. Bettendorf, Senior Vice President andChief Financial Officer
Comments Received by the U.S. Department of State on the Draft 

Supplemental Environmental Impact Statement for the Proposed 

Keystone XL Project

On March 1, the Department of State (the Department) released the Draft 

Supplemental Environmental Impact Statement (SEIS) for the Presidential Permit 

application for the proposed Keystone XL pipeline (Project). A notice of availability 

(NOA) for the Draft SEIS was published in the Federal Register on March 8, 2013, 

commencing a 45-day public comment period, consistent with the National 

Environmental Policy Act (NEPA), which ended April 22, 2013. Notices were also 

distributed to participating federal and state agencies, elected officials, media 

organizations, Native American tribes, private landowners, and other interested parties. 

As part of the SEIS process, members of the public, public agencies, and other interested 

parties were encouraged to submit comments, questions, and concerns about the project 

via e-mail, or standard mail to the Department. Those interested were also given the 

opportunity to provide oral and/or written comments related to the proposed Project 

during a public meeting held in Grand Island, Nebraska on April 18, 2013. Where 

appropriate, the Draft SEIS will be revised in response to public comments, and the 

revised document will be published as the Final SEIS. 

The Department has received more than 1.2 million comment letters from various 

entities regarding the Draft SEIS, and has been diligently evaluating these comments to 

ensure that the Final SEIS incorporates this input as appropriate. The Department will be 

posting these comments to Regulations.gov starting May 23, 2013. Comments will be 

posted weekly, in batches, in approximate chronological order according to the date 

received by the Department. The large majority of comment letters are mass-mailed 
- 2 - 

electronic form letters containing identical text. Each form letter template will be posted 

along with lists of names of individuals who sent each form letter during the specified 

time period. New name lists will be provided with each weekly posting. Prior to posting, 

the Department will review each “unique” letter (letters that do not solely consist of a 

form letter) to remove personal information such as street addresses, telephone numbers, 

and e-mail addresses. All comments and names lists will be posted prior to completion of 

the Final Supplemental EIS. Other than redacting personal information, the Department 

has not made any edits to the comments it received, and is not responsible for the content 

within the submitted comments. 

A comprehensive description of the proposed Project, up-to-date information 

regarding the federal review process, and the Draft Supplemental Environmental Impact 

Statement are available at http://www.keystonepipeline-xl.state.gov. Contact Genevieve 

Walker, NEPA Coordinator, at 202-647-9798 for additional information.
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Arthritis and Musculoskeletal and Skin Diseases Special Grants Review Committee.                    

*Date:*                         February 17-18, 2009.                    

*Time:*                         7 p.m. to 5 p.m.                              ( print page 5170)    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Embassy Suites Hotel at the Chevy Chase Pavilion, Chevy Chase Pavilion, 4300 Military Rd, NW., Washington, DC 20015.                    

*Contact Person:*                         Helen Lin, PhD, Scientific Review Administrator, NIH/NIAMS/RB, 6701 Democracy Blvd., Suite 800, Plaza One, Bethesda, MD 20817, 301-594-4952,                         *linh1@mail.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS)

Dated: January 23, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-1959 Filed 1-28-09; 8:45 am]

BILLING CODE 4140-01-P
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
      ( print page 5172)    
*Name of Committee:*                         National Institute of Dental and Craniofacial Research Special Emphasis Panel;                    

*Date:*                         March 19, 2009.                    

*Time:*                         8 a.m. to 6 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Doubletree Hotel and Executive Meeting Center, 8120 Wisconsin Ave, Bethesda, MD 20814.                    

*Contact Person:*                         Victor Henriquez, PhD, Scientific Review Officer, DEA/SRB/NIDCR, 6701 Democracy Blvd., Room 668, Bethesda, MD 20892-4878, 301-594-3169.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.121, Oral Diseases and Disorders Research, National Institutes of Health, HHS)

Dated: January 22, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-1854 Filed 1-28-09; 8:45 am]

BILLING CODE 4140-01-P
#### § 1.410(a)-8T Year of service; break in service (temporary).

(a)-(b) [Reserved]

(c) *Breaks in service.*

(1) [Reserved]

(2) *Employees under 2-year 100 percent vesting schedule* —

(i) *General rule.* In the case of an employee who incurs a 1-year break in service under a plan which provides that after not more than 2 years of service each participant's right to his accrued benefit under the plan is completely nonforfeitable (within the meaning of section 411 and the regulations thereunder) at the time such benefit accrues, the employee's service before the break in service is not required to be taken into account after the break in service in determining the employee's years of service under section 410(a)(1) and § 1.410(a)-3 if such employee has not satisfied such service requirement.

(ii) *Example.* The rules of this subparagraph are illustrated by the following example:

# Example.

A qualified plan computing service by the actual counting of hours provides full and immediate vesting. The plan can not require as a condition of participation that an employee complete 2 consecutive years of service with the employer because the requirement as to consecutive years is not permitted under section 410(a)(5). However, such a plan can require 2 years without a break in service, i.e., 2 years with no intervening years in which the employee fails to complete more than 500 hours of service. Under a plan containing such a participation requirement, the following example illustrates when employees would become eligible to participate.

| Year | Hours of service completed |
| --- | --- |
| Employee A | Employee B | Employee C |
| 1 | 1,000 | 1,000 | 1,000 |
| 2 | 1,000 | 700 | 500 |
| 3 | 1,000 | 1,000 | 1,000 |
| 4 | 1,000 | 1,000 | 700 |
| 5 | 1,000 | 1,000 | 1,000 |

Note:

Employee A will have satisfied the plan's service requirement at the end of year 2, Employee B at the end of year 3, and Employee C at the end of year 5.

(3) *One-year break in service* —

(i) [Reserved]

(ii) *Examples.* The rules provided by this subparagraph are illustrated by the following examples:

# Example 1.

Employee A completes a year of service under a plan computing service by the actual counting of hours for the 12-month period ending December 31, 1989, and incurs a 1-year break in service for the 12-month period ending December 31, 1990. The plan does not contain the provisions permitted by section 410(a)(5)(B) (relating to 2-year 100 percent vesting) and section 410(a)(5)(D) (relating to nonvested participants). Thereafter, he does not complete a year of service. As of January 1, 1991, in computing his period of service under the plan his service prior to December 31, 1990, is not required to be taken into account for purposes of section 410(a)(1) and § 1.410(a)-3.

[T.D. 8170, 53 FR 239, Jan. 6, 1988]
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

DAVID PILAR RODRIGUEZ,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee. 

§

§

§

§

§

§

No. 08-16-00112-CR

Appeal from

120th District Court

of El Paso County, Texas

(TC # 20140D01101)

MEMORANDUM OPINION

David Pilar Rodriguez attempts to appeal his conviction of indecency with a child, 

enhanced by two prior felony convictions. Appellant waived his right to a jury and entered a 

negotiated guilty plea. The trial court followed the plea bargain and assessed Appellant’s 

punishment in accordance with the plea agreement at imprisonment for a term of forty years. 

We dismiss the appeal because the trial court’s certification reflects that Appellant waived his 

right to appeal. 

An appeal must be dismissed unless a trial court’s certification showing that the 

defendant has the right of appeal has been made part of the record. TEX.R.APP.P. 25.2(d). The 

trial court’s certification states that “the defendant has waived the right of appeal.” We notified 

Appellant’s counsel that the trial court's certification showed that Appellant waived his right of 

appeal and asked him to file a response. Counsel filed a detailed response explaining that 
- 2 -

Appellant entered a negotiated guilty plea and waived the right of appeal. We have reviewed the 

record and find that the record supports the trial court’s certification that Appellant waived the 

right of appeal. Consequently, we are required to dismiss this appeal. See TEX.R.APP.P. 25.2(d); 

Chavez v. State, 183 S.W.3d 675, 680 (Tex.Crim.App. 2006). The appeal is dismissed.

January 25, 2017

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.

Hughes, J., not participating

(Do Not Publish)
#### In the Matter of Maranda LaP., a Child Alleged to be Neglected. Francesca LaP., Appellant; Administration for Children’s Services, Respondent.

[804 NYS2d 300]

Order of disposition, Family Court, New York County (Sara E Schechter, J.), entered on or about February 25, 2003, upon a *222fact-finding determination of neglect, releasing the subject child to respondent with supervision by the Administration for Children’s Services until October 25, 2003, unanimously affirmed, without costs.

The finding of repeated alcohol misuse is supported by a preponderance of the evidence showing, inter alia, that respondent twice tested positive for high levels of alcohol, on one of which occasions she was observed breast feeding the child just prior to the administration of the test (Family Ct Act § 1046 [a] [iii]; *see Matter of Stefanel Tyesha C.,*157 AD2d 322, 328 [1990], *appeal dismissed sub nom. Matter of Sebastian M.,*76 NY2d 1006 [1990]). We have considered respondent’s other arguments and find them to be without merit. Concur—Mazzarelli, J.P., Saxe, Ellerin, Gonzalez and Catterson, JJ.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1053 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1053

To prohibit Members of the House of Representatives from using official 
  funds for the production or mailing of newsletters, to reduce by 50 
 percent the amount which may be made available for the Official Mail 
         Allowance of any such Member, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1995

 Mr. Poshard introduced the following bill; which was referred to the 
                      Committee on House Oversight

_______________________________________________________________________

                                 A BILL

 
To prohibit Members of the House of Representatives from using official 
  funds for the production or mailing of newsletters, to reduce by 50 
 percent the amount which may be made available for the Official Mail 
         Allowance of any such Member, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITION OF THE USE OF OFFICIAL FUNDS BY MEMBERS OF THE 
              HOUSE OF REPRESENTATIVES FOR NEWSLETTERS.

    Notwithstanding any other law or any rule or other authority, a 
Member of the House of Representatives may not use any official funds 
for the production or mailing of a newsletter.

SEC. 2. REDUCTION RELATING TO THE OFFICIAL MAIL ALLOWANCE.

    (a) In General.--Section 311(e)(2)(B)(i) of the Legislative Branch 
Appropriations Act, 1991 (2 U.S.C. 59e(e)(2)(B)(i)) is amended by 
striking ``3'' and inserting ``1.5''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to sessions of Congress beginning with the first 
regular session of Congress beginning after the date of the enactment 
of this Act.

SEC. 3. UNOBLIGATED FUNDS TO BE APPLIED TOWARD DEFICIT REDUCTION.

    Any unobligated funds remaining in the Official Mail Allowance of a 
Member of the House of Representatives at the end of a session of 
Congress shall be deposited into the general fund of the Treasury of 
the United States and applied toward the reduction of the Federal 
budget deficit.

SEC. 4. DEFINITIONS.

    For the purpose of this Act--
            (1) the term ``Member of the House of Representatives'' 
        means a Representative in, or a Delegate or Resident 
        Commissioner to, the Congress; and
            (2) the term ``newsletter'' means any congressional 
        newsletter, as referred to in section 3210(a)(3)(B) of title 
        39, United States Code.
                                 <all>
```
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 198 Enrolled Bill (ENR)]

        H.J. Res. 198

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                            Joint Resolution

 
  Appointing the day for the convening of the first session of the One 
 Hundred Fifth Congress and the day for the counting in Congress of the 
 electoral votes for President and Vice President cast in December 1996.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled,

SECTION 1. DATE FOR CONVENING OF THE ONE HUNDRED FIFTH CONGRESS.

    The first regular session of the One Hundred Fifth Congress shall 
begin at noon on Tuesday, January 7, 1997.

SEC. 2. DATE FOR COUNTING 1996 ELECTORAL VOTES IN CONGRESS.

    The meeting of the Senate and House of Representatives to be held 
in January 1997 pursuant to section 15 of title 3, United States Code, 
to count the electoral votes for President and Vice President cast by 
the electors in December 1996 shall be held on January 9, 1997 (rather 
than on the date specified in the first sentence of that section).

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```