alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 548.4 Application for authorization of a “basic rate.” ( a ) Application may be made by any employer or group of employers, for authorization of a basic rate or rates, other than those approved under § 548.3. Application must be made jointly with any collective bargaining representative of employees covered by the application. Application must be made to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC 20210.
( b ) Each application shall contain the following: ( 1 ) A statement of the agreement or understanding arrived at between the employer and employee, including the proposed effective date, the term of the agreement or understanding, and a statement of the applicable overtime provisions, and
( 2 ) A description of the basic rate of the method or formula to be used in computing the basic rate for the type of work or position to which it will be applicable, and
( 3 ) A statement of the kinds of jobs or employees covered by the agreement, and
( 4 ) The facts and reasons relied upon to show that the basic rate so established is substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time. For such showing, a basic rate shall be deemed “substantially equivalent” to the average hourly earnings of the employee if, during a representative period, the employee's total overtime earnings calculated at the basic rate in accordance with the applicable overtime provisions are substantially equivalent to the amount of such earnings when computed in accordance with section 7(a) of the Act on the basis of the employee's average hourly earnings for each workweek, and
( 5 ) Such additional information as the Administrator may require.
( c ) The Administrator shall require that notice of the application be given to affected employees in such manner as he deems appropriate. The Administrator shall notify the applicants in writing of his decision as to each application.
( d ) In authorizing a basic rate pursuant to this part, the Administrator shall include such conditions as are necessary to insure that the basic rate will be used only so long as it is substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time, and such other conditions as are necessary or appropriate to insure compliance with the provisions of the Act.
( e ) The Administrator may at any time, upon his own motion or upon written request of any interested party setting forth reasonable grounds therefor, and after a hearing or other opportunity to interested persons to present their views, amend or revoke any authorization granted under this part.
#### In the Matter of Anna Curry, Respondent, against John Curry, Appellant.

Argued September 27, 1937;

decided October 12, 1937.

*554
      *Francis X. Nicastro*and *John F. Hughes*for appellant.

*Paul Windels, Corporation Counsel (James Hall*Pro*thero, Paxton Blair, Arthur Bainbridge Hoff*and *Elizabeth Rogers Horan*of counsel), for respondent.

Order affirmed, without costs; no opinion.

Concur: Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Rippey, JJ.
(77 South. 1003)

#### LOFTIS v. STATE.

(6 Div. 361.)

(Court of Appeals of Alabama.

Dec. 18, 1917.)

Appeal from Circuit Court, Tuscaloosa County; Henry B. Foster, Judge.

W. L. Martin, Atty. Gen., for the State.

PER CURIAM.

Appeal dismissed.
<PAGE>
 
                                Exhibit No. 23


                       CONSENT OF KPMG PEAT MARWICK LLP



     To the Board of Directors of Market Facts, Inc.:

     We consent to incorporation by reference in the registration statement (No.
     33-61726) on Form S-8 of Market Facts, Inc. of our reports dated February
     25, 1997, relating to the consolidated balance sheets of Market Facts, Inc.
     and subsidiaries as of December 31, 1996 and 1995, the related consolidated
     statements of earnings, stockholders' equity, and cash flows and related
     financial statement schedule for each of the years in the three year period
     ended December 31, 1996, which reports appear in or are incorporated by
     reference in the December 31, 1996 annual report on Form 10-K of Market
     Facts, Inc.



     KPMG Peat Marwick LLP
     Chicago, Illinois
     March 24, 1997
Editorial Note on Part 7
Editorial Note: Nomenclature changes to part 7 appear at 61 FR 19985, May 3, 1996.

§ 7.14 Oral proceedings. ( a ) With respect to any proceeding before it, the Board may upon its own initiative or upon request of any interested person or party direct the interested persons or parties to appear before the Board or its designee at a specified time and place in order to simplify the issues presented or to take up any other matters which may tend to expedite or facilitate the disposition of the proceeding.
( b ) In its discretion, the Board, or a single presiding member, may permit oral argument in any proceeding. The Board or the presiding member, shall prescribe the time and place for argument and the time allotted for argument. A petitioner wishing to make oral argument should make the request therefor in his petition.
§ 2700.1 Scope; applicability of other rules; construction. ( a ) *Scope.* ( 1 ) This part sets forth rules applicable to proceedings before the Federal Mine Safety and Health Review Commission (“the Commission”) and its Administrative Law Judges. The Commission is an adjudicative agency that provides administrative trial and appellate review of legal disputes arising under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 *et seq.* (“the Act”). The Commission is an independent agency, not a part of nor affiliated in any way with the U.S. Department of Labor or its Mine Safety and Health Administration (“MSHA”). The location of the Commission's headquarters is at 1331 Pennsylvania Avenue NW., Suite 520N, Washington, DC 20004-1710; its primary phone number is 202-434-9900; and the fax number of its Docket Office is 202-434-9954. The Commission maintains a Web site at *http://www.fmshrc.gov* where these rules, recent and many past decisions of the Commission and its Judges, and other information regarding the Commission, can be accessed.
( 2 ) Unless the Commission provides otherwise, amendments to these rules are effective 60 days following publication in the Federal Register, and apply to cases initiated after they take effect. They also apply to further proceedings in cases pending on the effective date, except to the extent that application of the amended rules would not be feasible, or would work injustice, in which event the former rules of procedure would continue to apply.
( b ) *Applicability of other rules.* On any procedural question not regulated by the Act, these Procedural Rules, or the Administrative Procedure Act (particularly 5 U.S.C. 554 and 556), the Commission and its Judges shall be guided so far as practicable by the Federal Rules of Civil Procedure and the Federal Rules of Appellate Procedure.
( c ) *Construction.* These rules shall be construed to secure the just, speedy and inexpensive determination of all proceedings, and to encourage the participation of miners and their representatives. Wherever the masculine gender is used in these rules, the feminine gender is also implied.
[58 FR 12164, Mar. 3, 1993, as amended at 71 FR 44206, Aug. 4, 2006; 77 FR 48430, Aug. 14, 2012]
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.                  

###### Tennessee Valley Authority

# AGENCY:

Tennessee Valley Authority (TVA).

# ACTION:

Cancellation Notice. 

# SUMMARY:

                        On March 1, 1995, TVA published in the                         **Federal Register**                         (60 FR 11161-11162) a Notice of Intent (NOI) to prepare an Environmental Impact Statement (EIS) on alternatives for public use at the Land Between The Lakes (LBL) National Recreation Area. On October 1, 1999, pursuant to the Land Between The Lakes Protection Act of 1998, LBL was established as a unit of the National Forest System and administrative responsibility was transferred from TVA to the U.S. Department of Agriculture. The 1995 NOI is hereby rescinded.                    

# FOR FURTHER INFORMATION CONTACT:

Harold M. Draper, NEPA Administration, Environmental Policy and Planning, Tennessee Valley Authority, 400 West Summit Hill Drive, Knoxville, Tennessee 37902-1499; telephone (865) 632-6889 or e-mail hmdraper@tva.gov.

Dated: May 5, 2000.

Kathryn J. Jackson,

Executive Vice President, River System Operations and Environment.

[FR Doc. 00-12483  Filed 5-17-00; 8:45 am]

BILLING CODE 8120-08-M
§ 780.720 “Area of production” requirement of exemption. ( a ) In addition to the requirements for exemption previously discussed, section 13(b)(14) requires that the employee employed by an establishment commonly recognized as a country elevator be “employed within the area of production (as defined by the Secretary).” Regulations defining employment within the “area of production” for purposes of section 13(b)(14) are contained in part 536 of this chapter. All the requirements of the applicable regulations must be met in order for the exemption to apply.
( b ) Under the regulations, an employee is considered to be employed within “the area of production” within the meaning of section 13(b)(14) if the country elevator establishment by which he is employed is located in the “open country or a rural community,” as defined in the regulations, and receives 95 percent or more of the agricultural commodities handled through its elevator services from normal rural sources of supply within specified distances from the country elevator. A definition of “area of production” in terms of such criteria has been upheld by the U.S. Supreme Court in *Mitchell* v. *Budd,* 350 U.S. 473. Reference should be made to part 536 of this chapter for the precise requirements of the definition.
( c ) However, it is appropriate to point out here that nothing in the definition places limits on the distance from which commodities come to the elevator for purposes other than the storage of marketing of farm products. The commodities, 95 percent of which are required by definition to come from specified distances, are those agriculural commodities received by the elevator with respect to which it performs the primary concentration, storage, and marketing functions of a country elevator as previously explained (see § 780.708). This is consistent with the emphasis given, in the legislative history, to the country elevator's function of marketing farm products, mostly grain, for farmers (see 107 Cong. Rec. (daily ed.) p. 5883). Commodities brought or shipped to a country elevator establishment not for storage or for market but in connection with its secondary, incidental, or side-line functions of selling products and services used in the operation of a farm (see § 780.610) are not required to be counted in determining whether 95 percent of the agricultural commodities handled come from rural sources of supply within the specified distances.
#### § 4901.22 Partial disclosure.

If an otherwise disclosable record contains some material that is protected from disclosure, the record will not for that reason be withheld from disclosure if deletion of the protected material is feasible. This principle will be applied in particular to identifying details the disclosure of which would constitute an unwarranted invasion of personal privacy.

[61 FR 34123, July 1, 1996, as amended at 87 FR 43997, July 25, 2022]
#### § 502.45 Final decision of the Administrative Review Board.

The ARB's final decision shall be issued within 90 days from the notice granting the petition and served upon all parties and the ALJ, in person or by certified mail.
### New York State Department ofEnvironmental Conservation Assistant Commissioner Office ofAirResources, Climate Change & Energy, 14th Floor 625 Broadway, Albany, New York 12233-1010 Phone: (518) 402-8537 • Fax: (518) 402-8541 Website: www.dec.ny.gov

Ms. Judith A. Enck Regional Administrator U.S. EPA, Region 2 290 Broadway, 26th Floor NewYork, NY 10007-1866



### Infrastructure Assessment Pursuantto Clean AirAct Sections llO(a)(ll and (2) for the 2008 Lead NAAQS

Dear Regional Administrator Enck: Joe Martens Commissioner

Onbehalfofthe Governor ofthe State ofNew York, I am submitting for approval by the United States Environmental Protection Agency (EPA) the infrastructure assessment for the National AmbientAir Quality Standard (NAAQS) for lead. On October 15, 2008, EPA substantially strengthened the primary and secondary leadNAAQS. As required by the Clean Air Act (CAA), the New York State Department ofEnvironmental Conservation (Department) is submitting this infrastructure assessment as a State Implementation Plan (SIP) revision to demonstrate thatNew York's air program addresses basic SIP requirements related to the attainment ofthe revised NAAQS.

This infrastructure demonstration ensures that New York State has the legal and administrative authority and resources to meet the requirements ofthe CAA. Section 110(a)(1) contains the general requirements for submitting a SIP after promulgation ofa new orrevised NAAQS, while section 110(a)(2) contains the specific elements to be addressed in these plans.

A public notice and commentperiod will soon be issued to allow for public input onthis SIP revision. The Departmentis requesting parallel processing ofthis non-controversial SIP revision.

Should youhave any questions regarding this submission, please do not hesitate to contact Mr. Scott Griffin at (518) 402-8396 with any questions you may have.

Enclosure

# /f'~//L--**Z~fsnyder** Assistant Commissioner Office ofAir Resources, Climate Change and Energy 

# •

--**--~-**
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#### § 457.14 Standards of conduct for labor organizations.

*Standards of conduct for labor organizations* shall have the meaning as set forth in the CSRA, 5 U.S.C. 7120, and the FSA, 22 U.S.C. 4117, and as amplified in part 458 of this subchapter. The standards of conduct provisions of the CSRA and the regulations in this subchapter are applicable to labor organizations covered by the CAA pursuant to 2 U.S.C. 1351(a)(1).

[62 FR 6093, Feb. 10, 1997]
(78 South. 991)

#### LAVENDER v. SOUTHERN BELL TELEGRAPH & TELEPHONE CO.

(2 Div. 188.)

(Court of Appeals of Alabama.

April 16, 1918.)

Appeal from Circuit Court, Hale County; B. M. Miller, Judge.

Evins & Jack, of Greensboro, for appellant. Pettus, Fuller & Lapsley, of Selma, and J. H. James, of Greensboro, for appellee.

BROWN, J.

By agreement of counsel the appeal was dismissed, and the cost taxed against appellee.
**AGENCY HOLDING THE MEETING:**                     United States International Trade Commission.                 

**TIME AND DATE:**                     January 21, 2000 at 11 a.m.                

**PLACE:**                     Room 101, 500 E Street SW, Washington, DC 20436, Telephone: (202) 205-2000.                

**STATUS:**                     Open to the public.                 

**MATTERS TO BE CONSIDERED:**

1. Agenda for future meeting: none. 

2. Minutes. 

3. Ratification List. 

4. Inv. Nos. 731-TA-278-280 and 347-348 (Review)(Malleable Cast Iron Pipe Fittings from Brazil, Japan, Korea, Taiwan, and Thailand)—briefing and vote. (The Commission will transmit its determination to the Secretary of Commerce on February 3, 2000.) 

5. Outstanding action jackets: none.

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting.

By order of the Commission. 

Issued January 12, 2000. 

Donna R. Koehnke, 

 Secretary.

[FR Doc. 00-1324 Filed 1-14-00; 1:13 pm] 

BILLING CODE 7020-02-P
#### § 784.112 Substantial amounts of nonaquatic products; enforcement policy.

As an enforcement policy in applying the principles stated in §§ 784.110 and 784.111, if more than 20 percent of a commodity consists of products other than aquatic products named in section 13(a)(5) or 13(b)(4), the commodity will be deemed to contain a substantial amount of such nonaquatic products.
****
<PAGE>
 
                                 EXHIBIT 10.21
                                 -------------

                                AMENDMENT NO. 1
                          TO THE AMENDED AND RESTATED
                        MARQUETTE MEDICAL SYSTEMS, INC.
                        PROFIT-SHARING AND 401(K) PLAN

     WHEREAS, the Company has heretofore adopted and maintains the Amended and
Restated Marquette Medical Systems, Inc. Profit Sharing and 401(k) Plan; and

     WHEREAS, the Directors wish to add a provision to the Plan to permit a
discretionary profit sharing contribution to be made, if the Board so elects, to
be allocated on the basis of an equal amount per Participant;

     NOW, THEREFORE, BE IT RESOLVED that effective for the Plan year ending
     April 30, 1998, Section 3.03 of the Plan document is amended by adding
     paragraph (c) to read as follows:

          (c)  In lieu of, or in addition to, the contribution under paragraph
     (a) above, the Employer may make a Profit Sharing Contribution for a Plan
     Year which is allocated to Participants Accounts in the same amount for
     each eligible Participant. Paragraph (b) above describes the eligible
     Participants. This contribution, together with any other contribution,
     shall not exceed the lesser of: (i) the amount that can be allocated to
     Participants Accounts hereunder after giving effect to the limitations
     described in Section 3.04 or (ii) the maximum amount deductible for federal
     income tax purposes for such Plan year. This contribution may be in cash or
     in kind and all or any portion may be designated by the Board for
     investment in the Marquette Stock Account.

          FURTHER RESOLVED, that this Amendment shall be known as Amendment No.
     1 to the Amended and Restated Medical Systems, Inc. Profit-Sharing and
     401(k) Plan.


                                            Approved February 20, 1998
D.2. Utah IMPROVE Monitoring 

 

1 

Data for 2006-2010 (Fine Mass)

2006 
 

2 

2006 
 

3 

2007 
4 

2007 
 

5 

2008 
 

6 

2008 
 

7 

2009 
 

8 

2009
 

9 

2010
Note: There is no IMPROVE monitoring data for Zion National Park for 2010 (Fine 

10 

2010

Mass).
#### § 780.154 Delivery “to market.”

The term “delivery * * * to market” includes taking agricultural or horticultural commodities, dairy products, livestock, bees or their honey, fur-bearing animals or their pelts, or poultry to market. It ordinarily refers to the initial journey of the farmer's products from the farm to the market. The market referred to is the farmer's market which normally means the distributing agency, cooperative marketing agency, wholesaler or processor to which the farmer delivers his products. Delivery to market ends with the delivery of the commodities at the receiving platform of such a farmer's market (*Mitchell* v. *Budd,* 350 U.S. 473). When the delivery involves travel off the farm (which would normally be the case) the delivery must be performed by the employees employed by the farmer in order to constitute an agricultural practice. Delivery by an independent contractor for the farmer or a group of farmers or by a “bird-dog” operator who has purchased the commodities on the farm from the farmer is not an agricultural practice (see *Chapman* v. *Durkin,* 214 F. 2d 360, cert. denied 348 U.S. 897; *Fort Mason Fruit Co.* v. *Durkin,* 214 F. 2d 363, cert. denied 348 U.S. 897). However, in the case of fruits or vegetables, the Act provides a special overtime pay exemption for intrastate transportation of the freshly harvested commodities from the farm to a place of first marketing or first processing, which may apply to employees engaged in such transportation regardless of whether they are employed by the farmer. See subpart J of this part 780, discussing the exemption provided by section 13(b)(16).