alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

### Sutton, Lisa

From: Frey, Nathan J. <Nat han_J._Frey@omb.eop.gov> Sent: Wednesday, September 03, 2014 10:29 AM To: Lorang, Phil Cc: Schillo, Bruce; Balserak, Paul ; Sutton, Lisa; Coda, Tom; Brachtl, Megan; Johnson, Yvonne W; Long, Pam; Wood, Anna Subject: Summary of Additional Interagency Comm ents Under EO 12866 and 13563 -- Supplemental Proposal to Address Startup, Shutdown, and Malfunction (SSM) Affirmative Defense Provisions in SIPs Attachments: SummaryofInteragencyCommentsunderEO 12866_13563_SSM SIP SNPR_compar ver of 7-17_to_ver of 8-27-2014_1133_9_3.docx



### Attached please find a summary of additional inte ragency comments under EO 12866 and 13563 regarding the Supplemental Proposal to Address Startup, Shutdown, and Ma lfunction (SSM) Affirmative Defense Provisions in SIPs.

Please let me know if you have any questions.
###### Editorial Note on Part 7

#### Editorial Note:

Nomenclature changes to part 7 appear at 61 FR 19985, May 3, 1996.

#### § 7.7 Presentations of other interested persons.

Interested persons other than the petitioner shall have a reasonable opportunity as specified by the Board in particular cases to submit to the Board written data, views, or arguments relating to the petition. Such matter should be filed with the Administrative Review Board, U.S. Department of Labor, in accordance with 29 CFR part 26. Copies of any such matter shall be served on the petitioner and other interested persons.

[86 FR 1780, Jan. 11, 2021]
§ 406.4 Terminal report. ( a ) Every person required to file a report pursuant to the provisions of this part who during his fiscal year loses his identity as a reporting entity through merger, consolidation, dissolution, or otherwise shall within 30 days of the effective date thereof or of the effective date of this section, whichever is later, file a terminal report, and one copy thereof, with the Office of Labor-Management Standards, on Form LM-21 signed by the president and treasurer or corresponding principal officers immediately prior to the time of the person's loss of reporting identity (or by the person himself if he is an individual), together with a statement of the effective date of termination or loss of reporting identity, and if the latter, the name and mailing address of the entity into which the person reporting has been merged, consolidated or otherwise absorbed.
( b ) For purposes of the report referred to in paragraph (a) of this section, the period covered thereby shall be the portion of the reporting person's fiscal year ending on the effective date of the termination or loss of identity.
[28 FR 14385, Dec. 27, 1963, as amended at 50 FR 31310, Aug. 1, 1985]
§ 4043.62 Change in contributing sponsor or controlled group. ( a ) *Reportable event.* Advance notice is required for a change in a plan's contributing sponsor or controlled group, as described in § 4043.29(a).
( b ) *Waivers* — ( 1 ) *Small and mid-size plans.* Notice under this section is waived with respect to a change of contributing sponsor if the transferred plan has fewer than 500 participants.
( 2 ) *De minimis 5-percent segment.* Notice under this section is waived if the person or persons that will cease to be members of the plan's controlled group represent a *de minimis* 5-percent segment of the plan's old controlled group for the most recent fiscal year(s) ending on or before the effective date of the reportable event.
#### § 516.21 Bulk petroleum employees partially exempt from overtime pay requirements pursuant to section 7(b)(3) of the Act.

With respect to each employee partially exempt from the overtime provisions of the Act pursuant to section 7(b)(3), the employer shall maintain and preserve records containing all the information and data required by § 516.2(a), and, in addition, shall record the daily as well as the weekly overtime compensation paid to the employees, the rate per hour and the total pay for time worked between the 40th and 56th hour of the workweek.
Exhibit 10.9

Director Fee Arrangements for Fiscal Year 2005

 

Each non-employee director of Capitol Federal Financial (the "Company") receives an annual retainer, paid monthly, of $20,000 for his or her service on the Board of Directors of Capitol Federal Savings Bank (the "Bank") and $20,000 for his or her service on the Company's Board of Directors ($40,000 in total). No additional fees are paid for attending Board or Board committee meetings of either the Bank or the Company. 

Directors John C. Dicus, Chairman of the Board, and John B. Dicus, President and Chief Executive Officer, are each paid $24,000.
[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Notices]
[Page 5364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2028]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY


Public Availability of Department of Energy FY 2010 Service 
Contract Inventory

AGENCY: Department of Energy.

ACTION: Notice of public availability of FY 2010 Service Contract 
Inventories.

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

SUMMARY: In accordance with Section 743 of Division C of the 
Consolidated Appropriations Act of 2010 (Pub. L. 111-117), Department 
of Energy is publishing this notice to advise the public of the 
availability of the FY 2010 Service Contract inventory. This inventory 
provides information on service contract actions over $25,000 that were 
made in FY 2010. The information is organized by function to show how 
contracted resources are distributed throughout the agency. The 
inventory has been developed in accordance with guidance issued on 
November 5, 2010 by the Office of Management and Budget's Office of 
Federal Procurement Policy (OFPP). OFPP's guidance is available at 
http://www.whitehouse.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf. Department of 
Energy has posted its inventory and a summary of the inventory at the 
following link: http://www.management.energy.gov/policy_guidance/competitive_sourcing.htm.

FOR FURTHER INFORMATION CONTACT: Questions regarding the service 
contract inventory should be directed to Jeff Davis in the Strategic 
Programs Division at 202-287-1877 or <a href="/cdn-cgi/l/email-protection#98f2fdfefeb6fcf9eef1ebd8f0e9b6fcf7fdb6fff7ee"><span class="__cf_email__" data-cfemail="38525d5e5e165c594e514b785049165c575d165f574e">[email protected]</span></a>.

    Dated: January 25, 2011.
David Boyd,
Deputy Director, Office of Procurement and Assistance Management.
[FR Doc. 2011-2028 Filed 1-28-11; 8:45 am]
BILLING CODE 6450-01-P


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</html>
EXHIBIT 32.2



CERTIFICATION OF CHIEF FINANCIAL OFFICER



I, David F. Hoffmeister, Chief Financial Officer of Invitrogen Corporation (the Registrant), do hereby certify in accordance with 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:



(1) the Quarterly Report on Form 10-Q of the Registrant, to which this certification is attached as an exhibit (the Report), fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of 1934 (15 U.S.C. 78m); and



(2) the information
contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



|                     |  |  |  |  |  |                          |  |                                             
|-------------------- |  |  |  |  |  | ------------------------ |  | --------------------------------------------
|                     |  |  | 
|Dated: July 29, 2005 |  |  |  |  |  | /s/ David F. Hoffmeister
|                     |  |  |  |  |  |                          |  | David F. Hoffmeister Chief Financial Officer
www.Independent Aircraft .com ~ 5250 Highway 78 ~ Suite 750 ~ Sachse, TX 75048 ~ Phone 318

- 487

- 0879

Lirio Liu

, ARM

- 1

Acting Director, Office of Rulemaking

Office of Rulemaking

800 Independence Avenue S W

Washington, DC 20591

Re: Docket No. FAA

- 2012

- 0514

Dear Ms. Liu,

I am writing on behalf of Independ ent Aircraft Inc. to request a reopeni ng of the comment period

on the Petition for Exemption found in Docket No. FAA

- 2012

- 0514.

Petition er is requesting an increase in aircraft weight which exceeds the maximum takeoff

weight set by regulation for LSA. Given the significant safety issue s i nvolved with increasing a

weight limit, especially by such a large percentage of total weight, we believe that the comment

period should be extended.

Thank you for your consideration of Independent Aircraft ’ s request for an extension of the

comment period for an additional 90 days.

John C. Brown

318

- 487

- 0879

JBrown@Independentaircraft.com

www.IndependentAircraft.com
<PAGE>

                                                                     EXHIBIT 23


                     CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation of our
reports included in this Form 10-K, into the Company's previously filed
Registration Statements on Form S-8 pertaining to the Company's 1984 and 1991
Stock Option Plans, filed on April 15, 1993, the 1995 Stock Option Plan, filed
on January 31, 1997, the 1999 Stock Option Plan, filed on December 15, 1998, the
Summa ESOP and 401(k) Stock Option Plan, filed on September 8, 1997, the
Calnetics Stock Option Plan, filed on October 21, 1997, the Falcon Acquisition
Stock Option Plan, filed on December 15, 1998, the Plastron Acquisition Stock
Option Plan, filed on May 20, 1999, and the previously filed Registration
Statement on Form S-4 pertaining to the LexaLite Stock Option Plan, filed on
September 9, 1996,  with the Securities and Exchange Commission under the
Securities Act of 1933.



                                   /s/ Arthur Andersen LLP

                                   ARTHUR ANDERSEN LLP


Los Angeles, California

October 26, 1999
#### In the Matter of Nathaniel Sims, Appellant, v Thomas Coughlin, as Commissioner of the Department of Correctional Services of the State of New York, et al., Respondents.

Submitted June 26, 1995;

decided July 6, 1995

Appeal dismissed, without costs, by the Court of Appeals, *sua sponte,*upon the ground that no appeal lies from a decision *(see,*CPLR 5512 [a]; 5601).
#### § 457.20 Intervenor.

*Intervenor* means a party in a proceeding whose intervention has been permitted or directed by the Director, Chief Administrative Law Judge, or Administrative Law Judge, as the case may be.

[50 FR 31311, Aug. 1, 1985, as amended at 78 FR 8026, Feb. 5, 2013]
#### § 5.20 Scope and significance of this subpart.

The 1964 amendments (Pub. L. 88-349) to the Davis-Bacon Act require, among other things, that the prevailing wage determined for Federal and federally assisted construction include the basic hourly rate of pay and the amount contributed by the contractor or subcontractor for certain fringe benefits (or the cost to them of such benefits). The purpose of this subpart is to explain the provisions of these amendments and make available in one place official interpretations of the fringe benefits provisions of the Davis-Bacon Act. These interpretations will guide the Department of Labor in carrying out its responsibilities under these provisions. These interpretations are intended also to provide guidance to contractors and their associations; laborers and mechanics and their organizations; and local, State, and Federal agencies. The interpretations contained in this subpart are authoritative and may be relied upon as provided for in section 10 of the Portal-to-Portal Act of 1947 (29 U.S.C. 259). The omission to discuss a particular problem in this subpart or in interpretations supplementing it should not be taken to indicate the adoption of any position by the Secretary of Labor with respect to such problem or to constitute an administrative interpretation, practice, or enforcement policy. Questions on matters not fully covered by this subpart may be referred to the Secretary for interpretation as provided in § 5.13.

[88 FR 57743, Aug. 23, 2023]
#### § 780.1005 Homeworkers.

The exemption applies to “any homeworker.” A homeworker within the meaning of the Act is a person who works for an employer in or about a home, apartment, tenement, or room in a residential establishment.
#### § 779.335 Sales of building materials for residential or farm building construction.

Section 3(n) of the Act, as amended, excludes from the category of sales for resale “the sale of goods to be used in residential or farm building construction, repair or maintenance: *Provided,* That the sale is recognized as a bona fide retail sale in the industry.” Under this section a sale of building materials to a building contractor or a builder for use in residential or farm building, repair or maintenance is not a sale for resale, provided, the sale is otherwise recognized as a bona fide retail sale in the industry. If the sale is not so recognized it will be considered a sale for resale. Thus, only bona fide retail sales of building materials to a building contractor or a builder for the uses described would be taken out of the category of sales for resale. (*Sucrs. De A. Mayol & Co.* v. *Mitchell,* 280 F. 2d 477 (CA-1); *Elder* v. *Phillips & Buttroff Mfg. Co.,* 23 L.C. Par. 67,524 (Tenn., 1958).) The legislative history of the amendment indicates that it is not the intent of its sponsors to remove from the category of sales for resale such sales, for example, as sales of lumber to a contractor to build a whole residential subdivision. (See 95 Cong. Rec. 12533-12535; Sen. St. ibid; 14877.)
#### In the Matter of Leval Lyde, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, et al., Respondents.

[697 NYS2d 741]

—Mercure, J.

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating a prison disciplinary rule.

Petitioner was found guilty of violating the prison disciplinary rule that prohibits inmates from conspiring to introduce drugs into the correctional facility. The charges stemmed from confidential information and an ensuing cell search which uncovered two lists containing several inmate names along with dollar amounts which the inmates apparently owed to *616petitioner. Records from the facility business office revealed that the dollar amounts corresponded with disbursements sent by the listed inmates to an individual whose address was also discovered in petitioner’s possession. Following an unsuccessful administrative appeal, petitioner commenced this CPLR article 78 proceeding seeking annulment of the determination.

We confirm. The Hearing Officer heard testimony from confidential sources who provided information leading to the search of petitioner’s cell, and the confidential information, misbehavior report and testimony presented at the hearing provided substantial evidence of petitioner’s guilt, notwithstanding the fact that no drugs were discovered in petitioner’s possession during the search of his cell *(see, Matter of Olave v Goord,*251 AD2d 794). Finally, petitioner’s claim that he compiled the lists for the purpose of arranging flower deliveries for the named inmates merely created a credibility issue for the Hearing Officer to resolve *(see, Matter of Pacheco v Dufrain,*251 AD2d 817).

Petitioner’s remaining contentions, including his claims of Hearing Officer bias and ineffective employee assistance, have been reviewed and found to be unpersuasive.

Mikoll, J. P., Yesawich Jr., Peters and Mugglin, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
797 A.2d 896

#### In the Matter of Eli GOTTESDIENER. Petition for Reinstatement from Inactive Status.

No. 130 DB 2001.

Supreme Court of Pennsylvania.

May 21, 2002.

*ORDER*

PER CURIAM:

AND NOW, this 21st day of May, 2002, The Report and Recommendations of The Disciplinary Board of the Supreme Court of Pennsylvania dated April 26, 2002, are approved and IT IS ORDERED that ELI GOTTESDIENER, who has been on inactive status, has never been suspended or disbarred, and has demonstrated that he has the moral qualifications, competency and learning in law required for admission to practice in the Commonwealth, shall be and is, hereby reinstated to active status as a member of the Bar of this Commonwealth. The expenses incurred by the Board in the investigation and processing of the Petition for Reinstatement shall be paid by the Petitioner.
#### Seglin Construction Company, Inc., et al., Respondents, *v.*The State of New York, Appellant.

(Claim No. 22029.)

Argued June 11, 1937;

decided July 13, 1937.

*528
      *John J. Bennett, Jr., Attorney-General (Henry Epstein*and *Leon M. Layden*of counsel), for appellant.

*William Brennan, Jr.,*for Seglin Construction Company, Inc., et al., respondents.

*Charles B. Sullivan*and *Benjamin McClung*for A. E. Norton, Inc., respondent.

On appeal from judgment: judgment affirmed, with costs.

On appeal from order: order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts. No opinion.

Concur: Crane, Ch. J., Lehman, Hubbs, Loughran, Finch and Rippey, JJ. Taking no part: O’Brien, J.
<TABLE> <S> <C>

<ARTICLE>                                            9
<CIK>                         1074560
<NAME>                        First Capital Holding Corporation

<S>                             <C>
<PERIOD-TYPE>                  3-MOS
<FISCAL-YEAR-END>              DEC-31-2000
<PERIOD-START>                 JAN-01-2000
<PERIOD-END>                   MAR-31-2000
<CASH>                         4,905,947
<INT-BEARING-DEPOSITS>         1,324,000
<FED-FUNDS-SOLD>               0
<TRADING-ASSETS>               0
<INVESTMENTS-HELD-FOR-SALE>    11,236,181
<INVESTMENTS-CARRYING>         277,000
<INVESTMENTS-MARKET>           0
<LOANS>                        10,808,961
<ALLOWANCE>                    126,500
<TOTAL-ASSETS>                 30,609,798
<DEPOSITS>                     21,649,370
<SHORT-TERM>                   0
<LIABILITIES-OTHER>            26,943
<LONG-TERM>                    0
<PREFERRED-MANDATORY>          0
<PREFERRED>                    0
<COMMON>                       10,000
<OTHER-SE>                     8,923,485
<TOTAL-LIABILITIES-AND-EQUITY> 30,609,798
<INTEREST-LOAN>                208,669
<INTEREST-INVEST>              188,971
<INTEREST-OTHER>               31,072
<INTEREST-TOTAL>               429,342
<INTEREST-DEPOSIT>             126,635
<INTEREST-EXPENSE>             126,931
<INTEREST-INCOME-NET>          302,411
<LOAN-LOSSES>                  52,500
<SECURITIES-GAINS>             0
<EXPENSE-OTHER>                336,140
<INCOME-PRETAX>                (29,607)
<INCOME-PRE-EXTRAORDINARY>     (29,607)
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    0
<EPS-BASIC>                     (0.15)
<EPS-DILUTED>                   (0.15)
<YIELD-ACTUAL>                  7.61
<LOANS-NON>                     0
<LOANS-PAST>                    0
<LOANS-TROUBLED>                0
<LOANS-PROBLEM>                 0
<ALLOWANCE-OPEN>                74,000
<CHARGE-OFFS>                   0
<RECOVERIES>                    0
<ALLOWANCE-CLOSE>               126,500
<ALLOWANCE-DOMESTIC>            126,500
<ALLOWANCE-FOREIGN>             0
<ALLOWANCE-UNALLOCATED>         0


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

<ARTICLE>                                   UT
<LEGEND>
This schedule contains summary financial information extracted from
the Staement of Income, Balance Sheet and Statement of Cash Flows, and
is qualified in its entirety by reference to such financial statements.                                                
</LEGEND>
<MULTIPLIER>                                1,000
       
<S>                                         <C>
<PERIOD-TYPE>                               YEAR
<FISCAL-YEAR-END>                           DEC-31-1995
<PERIOD-END>                                DEC-31-1995
<BOOK-VALUE>                                PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      3,594,998
<OTHER-PROPERTY-AND-INVEST>                       16,030
<TOTAL-CURRENT-ASSETS>                         1,407,215
<TOTAL-DEFERRED-CHARGES>                          21,023
<OTHER-ASSETS>                                 7,445,103
<TOTAL-ASSETS>                                12,484,369
<COMMON>                                         598,277
<CAPITAL-SURPLUS-PAID-IN>                      1,063,757
<RETAINED-EARNINGS>                              790,919
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 2,452,953
<PREFERRED-MANDATORY>                            693,550
<PREFERRED>                                       63,934
<LONG-TERM-DEBT-NET>                           4,722,675
<SHORT-TERM-NOTES>                                     0
<LONG-TERM-NOTES-PAYABLE>                              0
<COMMERCIAL-PAPER-OBLIGATIONS>                         0
<LONG-TERM-DEBT-CURRENT-PORT>                    415,000
<PREFERRED-STOCK-CURRENT>                          4,800
<CAPITAL-LEASE-OBLIGATIONS>                            0
<LEASES-CURRENT>                                       0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 4,185,457
<TOT-CAPITALIZATION-AND-LIAB>                 12,484,369
<GROSS-OPERATING-REVENUE>                      3,075,128
<INCOME-TAX-EXPENSE>                             208,338
<OTHER-OPERATING-EXPENSES>                     2,135,172
<TOTAL-OPERATING-EXPENSES>                     2,343,510
<OPERATING-INCOME-LOSS>                          731,618
<OTHER-INCOME-NET>                                43,703
<INCOME-BEFORE-INTEREST-EXPEN>                   775,321
<TOTAL-INTEREST-EXPENSE>                         472,035
<NET-INCOME>                                     303,286
<PREFERRED-STOCK-DIVIDENDS>                       52,620
<EARNINGS-AVAILABLE-FOR-COMM>                    250,666
<COMMON-STOCK-DIVIDENDS>                         211,630
<TOTAL-INTEREST-ON-BONDS>                        412,512
<CASH-FLOW-OPERATIONS>                           772,000
<EPS-PRIMARY>                                       2.10
<EPS-DILUTED>                                       2.10
        


</TABLE>
#### § 531.31 “Customarily” furnished.

The reasonable cost of board, lodging, or other facilities may be considered as part of the wage paid an employee only where “customarily” furnished to the employee. Where such facilities are “furnished” to the employee, it will be considered a sufficient satisfaction of this requirement if the facilities are furnished regularly by the employer to his employees or if the same or similar facilities are customarily furnished by other employees engaged in the same or similar trade, business, or occupation in the same or similar communities. See *Walling* v. *Alaska Pacific Consolidated Mining Co.,* 152 F. (2d) 812 (C.A. 9), cert. denied, 327 U.S. 803; *Southern Pacific Co.* v. *Joint Council* (C.A. 9) 7 W.H. Cases 536. Facilities furnished in violation of any Federal, State, or local law, ordinance or prohibition will not be considered facilities “customarily” furnished.