alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 35.20 Purpose, applicability, and general provisions. ( a ) *Purpose.* Pursuant Section 104A of the Community Development Banking and Financial Institutions Act of 1994 (Act), as added by the Consolidated Appropriations Act, 2021 (Pub. L. 116-260), this subpart establishes restrictions on executive compensation, dividend payments, and share buybacks for recipients of capital investments under the Department of the Treasury's Emergency Capital Investment Program (ECIP or Program), as well as additional criteria for participation in the Program that the Secretary has determined are appropriate in furtherance of the Program goals.
( b ) *Applicability.* This subpart applies on a consolidated basis to any insured depository institution, bank holding company, savings and loan holding company, or federally insured credit union that issues preferred stock or a subordinated debt instrument to the Department of the Treasury under the Program (an ECIP recipient, as defined in § 35.21 of this subpart). An ECIP recipient must comply with the requirements of this subpart during the ECIP period.
( c ) *Limitation of authority.* Nothing in this subpart shall be interpreted to limit the authority of the appropriate Federal banking agency to take action under other provisions of law, including action to address unsafe or unsound practices or conditions, deficient capital levels, or violations of law or regulation, under section 8 of the Federal Deposit Insurance Act, section 8 of the Bank Holding Company Act, or section 10 of the Home Owners' Loan Act, or the Federal Credit Union Act, as may be applicable.
###### Editorial Note on Subchapter A of Chapter II

#### Editorial Note:

Nomenclature changes to subchapter A appear at 78 FR 60697, Oct. 2, 2013.

#### § 281.2 [Reserved]
§ 29.407 Competing claimants. ( a ) *Competing claimants* are applicants for survivor benefits based on the service of a participant when— ( 1 ) A benefit is payable based on the service of the participant;
( 2 ) Two or more claimants have applied for benefits based on the service of the participant; and
( 3 ) A decision in favor of one claimant will adversely affect another claimant(s).
( b ) ( 1 ) When a competing claimant files a request for reconsideration under this section, the other competing claimants shall be notified of the request and given an opportunity to submit written substantiation of their claim.
( 2 ) When the Benefits Administrator receives an application from a competing claimant(s) before any payments are made based upon the service of the participant, and an initial determination of benefits in favor of one claimant adversely affects another claimant, all known claimants concerned will be notified in writing of that decision and those adversely affected will be given an opportunity to request reconsideration under the procedures and time limitations set forth in § 29.404(c). The Benefits Administrator must not execute its decision until the time limit for filing a request for reconsideration has expired, or, if a reconsideration decision is made, until the time limit for filing an appeal to the Department has expired or the Department has issued a final decision on a timely appeal, whichever is later.
( 3 ) When the Benefits Administrator does not receive an application from a competing claimant(s) until after another person has begun to receive payments based upon the service of the participant, the payments will continue until the time limit for filing a request for reconsideration has expired, or, if a reconsideration decision is made, until the time limit for filing an appeal to the Department has expired or the Department has issued a final decision on a timely appeal, whichever is later.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                       2,297,136
<SECURITIES>                                         0
<RECEIVABLES>                                  203,977
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,541,236
<PP&E>                                      48,278,502
<DEPRECIATION>                             (2,312,614)
<TOTAL-ASSETS>                              49,327,318
<CURRENT-LIABILITIES>                        1,192,152
<BONDS>                                     24,742,509
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        29,280
<OTHER-SE>                                  23,363,834
<TOTAL-LIABILITY-AND-EQUITY>                49,327,318
<SALES>                                      3,769,539
<TOTAL-REVENUES>                             3,840,542
<CGS>                                        1,932,397
<TOTAL-COSTS>                                1,932,397
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,313,080
<INCOME-PRETAX>                                595,065
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   595,065
<EPS-BASIC>                                       0.20
<EPS-DILUTED>                                     0.20


</TABLE>
<TABLE> <S> <C>

<ARTICLE>               9
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                      10,384,055
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                             7,500,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 51,097,645
<INVESTMENTS-CARRYING>                      19,725,745
<INVESTMENTS-MARKET>                        19,863,632
<LOANS>                                    214,318,228
<ALLOWANCE>                                  3,441,693
<TOTAL-ASSETS>                             314,578,620
<DEPOSITS>                                 281,369,813
<SHORT-TERM>                                 1,258,275
<LIABILITIES-OTHER>                          1,231,091
<LONG-TERM>                                  2,648,249
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        34,186
<OTHER-SE>                                  28,037,006
<TOTAL-LIABILITIES-AND-EQUITY>             314,578,620
<INTEREST-LOAN>                              9,751,293
<INTEREST-INVEST>                            1,845,215
<INTEREST-OTHER>                               335,647
<INTEREST-TOTAL>                            11,932,155
<INTEREST-DEPOSIT>                           5,231,751
<INTEREST-EXPENSE>                           5,315,929
<INTEREST-INCOME-NET>                        6,616,226
<LOAN-LOSSES>                                  300,000
<SECURITIES-GAINS>                             184,469
<EXPENSE-OTHER>                              4,438,367
<INCOME-PRETAX>                              2,662,960
<INCOME-PRE-EXTRAORDINARY>                   2,662,960
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,609,407
<EPS-PRIMARY>                                      .48
<EPS-DILUTED>                                      .48
<YIELD-ACTUAL>                                    4.51
<LOANS-NON>                                  4,046,540
<LOANS-PAST>                                   705,037
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                500,000
<ALLOWANCE-OPEN>                             3,693,865
<CHARGE-OFFS>                                  568,805
<RECOVERIES>                                    16,633
<ALLOWANCE-CLOSE>                            3,441,693
<ALLOWANCE-DOMESTIC>                         3,441,693
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
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 the Interior

###### National Park Service

# AGENCY:

Department of the Interior, National Park Service, Boston Harbor Islands National Recreation Area.

# ACTION:

Notice of meeting.

# SUMMARY:

Notice is hereby given that a meeting of the Boston Harbor Islands National Recreation Area Advisory Council will be held on Wednesday, September 16, 2009, at 6 p.m. to 8 p.m. at the New England Aquarium, Harborside Learning Lab, Central Wharf, Boston, MA.

This will be the quarterly meeting of the Council. The agenda will include an update on the messaging project, discussion of how to stimulate public participation in park planning and other management efforts, a park update and public comment.

The meeting will be open to the public. Any person may file with the Superintendent a written statement concerning the matters to be discussed. Persons who wish to file a written statement at the meeting or who want further information concerning the meeting may contact Superintendent Bruce Jacobson at (617) 223-8667.

# DATES:

September 16, 2009 at 6 p.m.

# ADDRESSES:

New England Aquarium, Harborside Learning Lab, Central Wharf Boston, MA.

# FOR FURTHER INFORMATION CONTACT:

Superintendent Bruce Jacobson, (617) 223-8667.

# SUPPLEMENTARY INFORMATION:

The Advisory Council was appointed by the Director of National Park Service pursuant to Public Law 104-333. The 28 members represent business, educational/cultural, community and environmental entities; municipalities surrounding Boston Harbor; Boston Harbor advocates; and Native American interests. The purpose of the Council is to advise and make recommendations to the Boston Harbor Islands Partnership with respect to the development and implementation of a management plan and the operations of the Boston Harbor Islands NRA.

Dated: July 29, 2009.

Bruce Jacobson,

Superintendent, Boston Harbor Islands NRA.

[FR Doc. E9-19841 Filed 8-18-09; 8:45 am]

BILLING CODE 4310-86-P
Exhibit 32.1




                            CERTIFICATION 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 Quarterly Report of Protein Polymer Technologies, Inc.
(the "Company") on Form 10-QSB for the period ended March 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned hereby certifies, 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 result of operations of
         the Company.



/s/ William N. Plamondon III
----------------------------
William N. Plamondon III
Chief Executive Officer
May 17, 2005



In connection with the Quarterly Report of Protein Polymer Technologies, Inc.
(the "Company") on Form 10-QSB for the period ended March 31, 2005 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned hereby certifies, 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 result of operations
         of the Company.



/s/ Janis Y. Neves
------------------
Janis Y. Neves
Director of Finance and Corporate Secretary
May 17, 2005
#### § 20.645 Federal agency or agency.

*Federal agency or agency* means any United States executive department, military department, government corporation, government controlled corporation, any other establishment in the executive branch (including the Executive Office of the President), or any independent regulatory agency.
`[Federal Register Volume 74, Number 161 (Friday, August 21, 2009)]
[Notices]
[Pages 42245-42250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20005]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal Nos. 09-33]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703) 
601-3740.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittals 09-33 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: August 12, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M

[[Page 42246]]

[GRAPHIC] [TIFF OMITTED] TN21AU09.027


[[Page 42247]]


[GRAPHIC] [TIFF OMITTED] TN21AU09.028


[[Page 42248]]


[GRAPHIC] [TIFF OMITTED] TN21AU09.029


[[Page 42249]]


[GRAPHIC] [TIFF OMITTED] TN21AU09.030


[[Page 42250]]


[FR Doc. E9-20005 Filed 8-20-09; 8:45 am]
BILLING CODE 5001-06-C`
**Exhibit 31.2**

 

**CERTIFICATIONS**

 

I, Craig A. Weiss, certifythat:

 

1. I have reviewed thisquarterly report on Form 10-Q of Community First Bankshares, Inc.;

 

2. Based on my knowledge,this quarterly report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3. Based on my knowledge,the financial statements, and other financial information included in thisreport, fairly present in all material respects the financial condition,results of operations and cash flows of the registrant as of, and for, theperiods presented in this report;

 

4. The registrant’s othercertifying officer(s) and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)and 15d-15(e)) for the registrant and have:

 

a)              Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisquarterly report is being prepared;

 

b)             Evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

c)              Disclosed in this report anychange in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5. The registrant’s other certifyingofficer(s) and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performingthe equivalent function):

 

a)              All significant deficienciesand material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

 

b)             Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.

 

Date: August 6, 2004

 
|   | /s/ Craig A. Weiss                                   |   |
|--------|------------------------------------------------------|--------|
|   | Craig A. Weiss                                       |
|   | Executive Vice President and Chief Financial Officer |

 

----
IIA

104TH CONGRESS

1ST SESSION H. R. 1114

IN THE SENATE OF THE UNITED STATES

OCTOBER 25, 1995

Received

NOVEMBER 1, 1995

Read twice and referred to the Committee on Labor and Human Resources

AN ACT

To authorize minors who are under the child labor provisions

of the Fair Labor Standards Act of 1938 and who are

under 18 years of age to load materials into balers

and compacters that meet appropriate American National

Standards Institute design safety standards.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1114 RFS

1 SECTION 1. AUTHORITY FOR 16 AND 17 YEAR OLDS TO

2 LOAD MATERIALS INTO SCRAP PAPER

3 BALERS AND PAPER BOX COMPACTORS.

4 (a) GENERAL RULE.—In the administration and en5 forcement of the child labor provisions of the Fair Labor

6 Standards Act of 1938, employees who are 16 and 17

7 years of age shall be permitted to load materials, but not

8 operate or unload materials, into scrap paper balers and

9 paper box compactors—

10 (1) that are safe for 16 and 17 year old em11 ployees loading the scrap paper balers or paper box

12 compactors, and

13 (2) that cannot operate while being loaded.

14 (b) DEFINITION.—For purposes of subsection (a),

15 scrap paper balers and paper box compactors shall be con16 sidered safe for 16 or 17 year old employees to load only

17 if—

18 (1) such scrap paper balers and paper box com19 pactors are in compliance with the current safety

20 standard established by the American National

21 Standards Institute;

22 (2) such scrap paper balers and paper box com23 pactors include an on-off switch incorporating a key24 lock or other system and the control of such system

25 is maintained in the custody of employees who are

26 18 years of age or older;
3

•HR 1114 RFS

1 (3) the on-off switch of such scrap paper balers

2 and paper box compactors is maintained in an off

3 condition when such scrap paper balers and paper

4 box compactors are not in operation; and

5 (4) the employer of 16 and 17 year old employ6 ees provides notice, and posts a notice, on such

7 scrap paper balers and paper box compactors stating

8 that—

9 (A) such scrap paper balers and paper box

10 compactors meet the current safety standard

11 established by the American National Stand12 ards Institute;

13 (B) 16 and 17 year old employees may

14 only load such scrap paper balers and paper

15 box compactors; and

16 (C) any employee under the age of 18 may

17 not operate or unload such scrap paper balers

18 and paper box compactors.

19 SEC. 2. CONSTRUCTION.

20 Section 1 is not to be construed as affecting the ex21 emption for apprentices and student learners published at

22 29 Code of Federal Regulations 570.63.

Passed the House of Representatives October 24,

1995.

Attest: ROBIN H. CARLE,

Clerk.
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent
,

v.

LEON ROBERTSON , Petitioner

.
No. 1 CA

- CR 14

- 0832 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR 2013

- 100989

- 001 The Honorable Robert L. Gottsfield
, Judge Retired

REVIEW GRANTED; RELI EF DENIED

COUNSEL
Maricopa County Attorney ’ s Office , Phoenix By Arthur G. Hazelton, Jr. Counsel for Respondent

Leon Robertson
, Tucson Petitioner Pro Se

MEMORANDUM DECISION
Judge Donn Kessler authored the decision of the Court, in which Presiding Judge Kenton D. Jones and Judge Randall M. Howe joined.STATE v. ROBERTSON Decision of the Court

2 K E S S L E R , Judge:

¶1 Petitioner Leon Robertson seeks review of the superior court’s summary dismissal o f his pro se petition for post

- conviction relief of

- right. Robertson pled guilty to misconduct involving weapons and possession or use of narcotic drugs. Robertson argues his trial counsel was ineffective when counsel failed to file a motion to suppress
, conduct pre

- trial investigation, and present an affidavit from Robertson’s wife profess ing his innocence . Robertson also argues his post

- conviction relief counsel was ineffective when she failed to raise these issues and when she “fabricated” evidence by explaining her view of the evidence in correspondence to Robertson. 1

¶2 We deny relief. A plea agreement waives all non

jurisdictional defenses, errors
, and defects which occurred prior to the plea. State v. Flores , 218 Ariz. 407, 409

- 10, ¶ 6 (App. 2008). This includes depriv ations of constitutional rights, id. , and all claims of ineffective assistance of counsel not directly related to the entry of the plea
, State v. Quick , 177 Ariz. 314, 316 (App. 199 3 ). Further, because Robertson waived these issues, p ost

- conviction relief counsel ha d no issues to raise. Finally, interpreting the evidence in a manner with which Robertson did not agree was not “fabricating” evidence.

¶3 We do not address the other issues Robertson raises in his petition because he did not present those issues to the trial court. State v. Ramirez , 126 Ariz. 464, 467 (App. 1980) (clarifying this Court will not review issues raised for the first time in a motion for rehearing) ; State v. Wagstaff
, 161 Ariz. 66, 71 (App. 1988) (same) ; Ariz. R. Crim. P. 32.9(c)(1)(ii).

¶4 We grant review and deny relief.

1 Robertson’s post

- conviction relief counsel found no colorable claims for relief.