alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Subpart A of Part 5
Editorial Note: Nomenclature changes to subpart A of part 5 appear at 61 FR 19984, May 3, 1996.

§ 5.9 Suspension of funds. ( a ) *Suspension and withholding.* In the event of failure or refusal of the contractor or any subcontractor to comply with the applicable statutes referenced by § 5.1 and the labor standards clauses contained in § 5.5, whether incorporated into the contract physically, by reference, or by operation of law, the Federal agency (and any other agency), may, upon its own action, or must, upon written request of an authorized representative of the Department of Labor, take such action as may be necessary to cause the suspension of the payment, advance, or guarantee of funds until such time as the violations are discontinued and/or until sufficient funds are withheld as may be considered necessary to compensate workers for the full amount of wages and monetary relief to which they are entitled, and to cover any liquidated damages and pre-judgment or post-judgment interest which may be due.
( b ) *Cross-withholding.* To satisfy a contractor's liability for back wages on a contract, in addition to the suspension and withholding of funds from the contract(s) under which the violation(s) occurred, the necessary funds also may be withheld under any other Federal contract with the same prime contractor, or any other federally assisted contract that is subject to Davis-Bacon labor standards and/or the Contract Work Hours and Safety Standards Act and is held by the same prime contractor, regardless of whether the other contract was awarded or assisted by the same agency.
( c ) *Cross-withholding from different legal entities.* Cross-withholding of funds may be requested from contracts held by other entities that may be considered to be the same prime contractor as that term is defined in § 5.2. Such cross-withholding is appropriate where the separate legal entities have independently consented to it by entering into contracts containing the withholding provisions at § 5.5(a)(2) and (b)(3). Cross-withholding from a contract held by a different legal entity is not appropriate unless the withholding provisions were incorporated in full or by reference in that different legal entity's contract. Absent exceptional circumstances, cross-withholding is not permitted from a contract held by a different legal entity where the Davis-Bacon labor standards were incorporated only by operation of law into that contract.
[88 FR 57740, Aug. 23, 2023]
#### § 2700.65 Proposed findings, conclusions and orders.

The Judge may require the submission of proposed findings of fact, conclusions of law, and orders, together with supporting briefs. The proposals shall be served upon all parties, and shall contain adequate references to the record and authorities.
§ 458.4 Informing members of the standards of conduct provisions. ( a ) Every labor organization subject to the requirements of the CSRA, the FSA, or the CAA shall inform its members concerning the standards of conduct provisions of the Acts and the regulations in this subchapter. Labor organizations shall provide such notice to members by October 2, 2006 and thereafter to all new members within 90 days of the time they join and to all members at least once every three years. Notice must be provided by hand delivery, U.S. mail or e-mail or a combination of the three as long as the method is reasonably calculated to reach all members. Such notice may be included with the required notice of local union elections. Where a union newspaper is used to provide notice, the notice must be conspicuously placed on the front page of the newspaper, or the front page should have a conspicuous reference to the inside page where the notice appears, so that the inclusion of the notice in a particular issue is readily apparent to each member.
( b ) A labor organization may demonstrate compliance with the requirements of paragraph (a) of this section by showing that another labor organization provided an appropriate notice to all of its members during the necessary time frame.
( c ) Labor organizations may use the Department of Labor publication Union Member Rights and Officer Responsibilities under the Civil Service Reform Act (available on the OLMS Web site at *http://www.dol.gov/olms*) or may devise their own language as long as the notice accurately states all of the CSRA standards of conduct provisions as set forth in the fact sheet.
( d ) If a labor organization has a Web site, the site must contain a conspicuous link to Union Member Rights and Officer Responsibilities under the Civil Service Reform Act or, alternatively, to the labor organization's own notice prepared in accordance with paragraph (c) of this section.
[71 FR 31492, June 2, 2006, as amended at 78 FR 8026, Feb. 5, 2013]
## EPA-SwRI Update (10- 15- 15) • Testing Plan for Alternative Approach at SwRI – Cummins ISB 300hp rating (24 points) – Cummins ISB 200hp rating (24 points) 

### – Navistar N13 455hp rating (27 points) – N13 engine with 365hp rating (27 points) – Ford 6.8 liter gasoline engine (optional – depending on funding) 1 DRAFT & DELIBERATIVE

## N13 Engine Platform 

## Mapping Points (55 and 65mph cycles) DRAFT & DELIBERATIVE 2

## N13 Engine Platform



## Mapping Points (ARB Cycle)

DRAFT & DELIBERATIVE 3

## 18 Additional Test Points DRAFT & DELIBERATIVE 4

## Mapping Points for ARB Cycle DRAFT & DELIBERATIVE 5

## Interpolation/Extrapolation (ARB) DRAFT & DELIBERATIVE 6

## Regression Approach • Model 1 – Global Regression as function of N/V and N/V*W 

### • Model 2 – Global Regression as function of N/V, N/V^2, and N/V*W DRAFT & DELIBERATIVE 7

## Regression Approach (ARB) DRAFT & DELIBERATIVE 8

## Mapping Points for 55mph Cycle DRAFT & DELIBERATIVE 9

## Interpolation/Extrapolation (55mph) DRAFT & DELIBERATIVE 10

## Regression Approach (55mph) DRAFT & DELIBERATIVE 11

## Mapping Points for 65mph Cycle DRAFT & DELIBERATIVE 12

## Interpolation/Extrapolation (65mph) DRAFT & DELIBERATIVE 13

## Regression Approach (65mph) DRAFT & DELIBERATIVE 14
#### § 784.20 Exemptions from the Act's provisions.

The Act provides a number of specific exemptions from the general requirements previously described. Some are exemptions from the overtime provisions only. Several are exemptions from both the minimum wage and the overtime requirements of the Act. Finally, there are some exemptions from all three—minimum wage, overtime pay, and child labor requirements. An examination of the terminology in which the exemptions from the general coverage of the Fair Labor Standards Act are stated discloses language patterns which reflect congressional intent. Thus, Congress specified in varying degree the criteria for application of each of the exemptions and in a number of instances differentiated as to whether employees are to be exempt because they are employed by a particular kind of employer, employed in a particular type of establishment, employed in a particular industry, employed in a particular capacity or occupation or engaged in a specified operation. (See 29 U.S.C. 203(d); 207 (b), (c), (i); 213 (a), (b), (c), (d). And see *Addison* v. *Holly Hill,* 322 U.S. 607; *Mitchell* v. *Trade Winds, Inc.,* 289 F. 2d 278; *Mitchell* v. *Stinson,* 217 F. 2d (210). In general there are no exemptions from the child labor requirements that apply in enterprises or establishments engaged in fishing or in operations on aquatic products (see part 570, subpart G, of this chapter). Such enterprises or establishments will, however, be concerned with the exemption from overtime pay in section 13(b)(4) of the Act for employees employed in specified “on-shore” operations (see § 784.101), and the exemption from minimum wages and overtime pay provided by section 13(a)(5) for employees employed in fishing, fish-farming, and other specified “off-shore” operations on aquatic products. These exemptions, which are subject to the general rules stated in § 784.21, are discussed at length in subpart B of this part 784.
Exhibit 31.1
 Certification
      (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)
    
    designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to provide
reasonable assurance regarding the reliability of financial reporting and the preparation
of financial statements for external purposes in accordance with generally accepted
accounting principles;(c)
    
    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 upon
such evaluation; and(d)
    
    disclosed in this report any change in registrants internal control over financial
reporting that occurred during 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
  (a)
    
    all significant deficiencies and material weaknesses in the design or operation of
internal control 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.
 /s/ James L. HambrickJames L. HambrickChief Executive Officer and PresidentFebruary 27, 2009
§ 778.417 General requirements of section 7(g). The following general requirements must be met in every case before the overtime computation authorized under section 7(g)(1) or (2) may be utilized. ( a ) First, in order to insure that the method of computing overtime pay permitted in this section will not in any circumstances be seized upon as a device for avoiding payment of the minimum wage due for each hour, the requirement must be met that employee's average hourly earnings for the workweek (exclusive of overtime pay and of all other pay which is excluded from the regular rate) are not less than the minimum. This requirement insures that the employer cannot pay subminimum nonovertime rates with a view to offsetting part of the compensation earned during the overtime hours against the minimum wage due for the workweek.
( b ) Second, in order to insure that the method of computing overtime pay permitted in this section will not be used to circumvent or avoid the payment of proper overtime compensation due on other sums paid to employees, such as bonuses which are part of the regular rate, the section requires that extra overtime compensation must be properly computed and paid on other forms of additional pay required to be included in computing the regular rate.
<PAGE>   1
                                                                     EXHIBIT 12

                    MAPCO INC. AND CONSOLIDATED SUBSIDIARIES

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                 (IN MILLIONS)


<TABLE>
<CAPTION>
                                                           1997       1996       1995       1994      1993
                                                          -------    -------    -------    -------   -------
<S>                                                       <C>        <C>        <C>        <C>       <C>    
Earnings as defined:
  Income from continuing operations before
    provision for income taxes and minority
    interest ..........................................   $ 181.9    $ 214.4    $ 105.9    $  80.9   $ 156.2
  Fixed charges .......................................      64.7       63.1       65.7       59.6      54.9
  Capitalized interest included in fixed charges ......      (7.4)      (1.3)      (1.7)        --      (2.8)
  Amortization of capitalized interest ................       2.4        2.1        2.5        2.5       2.4
                                                          -------    -------    -------    -------   -------
          Total .......................................   $ 241.6    $ 279.1    $ 172.4    $ 143.0   $ 210.7
                                                          =======    =======    =======    =======   =======

Fixed charges as defined:
  Interest and debt expense (includes
    amortization of debt expense and
    discount) .........................................   $  52.0    $  57.5    $  58.4    $  53.5   $  46.7
  Capitalized interest ................................       7.4        1.3        1.7         --       2.8
  Portion of rentals representative of the interest
    factor ............................................       5.3        5.1        5.6        6.1       5.4
                                                          -------    -------    -------    -------   -------

          Total .......................................   $  64.7    $  63.9    $  65.7    $  59.6   $  54.9
                                                          =======    =======    =======    =======   =======


Ratio of earnings to fixed charges ....................       3.7        4.4        2.6        2.4       3.8
                                                          =======    =======    =======    =======   =======
</TABLE>
Accelerate 

discovery and 

advance health

through datadriven 

research 

Reach more 

people in more

ways through

enhanced 

dissemination 

and 

engagement 

Build a 

workforce 

for data-driven

research and 

health
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ISAAC ROLDY LOUINISTE,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D22-617

[September 8, 2022]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Fifteenth Judicial Circuit, Palm Beach County; Sarah Willis, Judge; 

L.T. Case No. 50-2017-CF-008227-AXXX-MB.

Michael Salnick of Law Offices of Salnick & Fuchs, PA, West Palm 

Beach, for appellant.

No appearance required for appellee.

PER CURIAM.

Affirmed.

GERBER, CONNER and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<TABLE> <S> <C>






<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                       7,513,706
<SECURITIES>                                 5,249,532
<RECEIVABLES>                                        0
<ALLOWANCES>                                   270,000
<INVENTORY>                                          0
<CURRENT-ASSETS>                            21,392,265
<PP&E>                                      22,474,750
<DEPRECIATION>                               1,815,606
<TOTAL-ASSETS>                              53,747,025
<CURRENT-LIABILITIES>                        9,359,492
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  9,013,699
<COMMON>                                        87,968
<OTHER-SE>                                  29,780,293
<TOTAL-LIABILITY-AND-EQUITY>                53,747,025
<SALES>                                      9,184,949
<TOTAL-REVENUES>                             9,184,949
<CGS>                                        5,805,196
<TOTAL-COSTS>                               25,070,739
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             314,741
<INCOME-PRETAX>                           (11,724,013)
<INCOME-TAX>                              (11,724,013)
<INCOME-CONTINUING>                       (11,724,013)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              5,000,000
<CHANGES>                                            0
<NET-INCOME>                               (6,724,013)
<EPS-BASIC>                                     (1.04)
<EPS-DILUTED>                                   (1.04)


</TABLE>
List of signatories to Indemnity Agreement



 Exhibit 10.4 
 LIST OF SIGNATORIES TO INDEMNITY AGREEMENT 
 The following is a list of the
executive officers and directors of IXYS Corporation who are signatories to the form of Indemnity Agreement attached to the Annual Report on Form 10-K as Exhibit 10.3: 
 Donald Feucht 
 Samuel Kory 
 S. Joon Lee 
 Timothy Richardson 
 Uzi Sasson 
 James Thorburn 
 Kenneth Wong 
 Nathan Zommer
#### § 779.350 The section 13(a)(4) exemption does not apply to service establishments.

The section 13(a)(4) exemption applies to retail establishments engaged in the selling of goods. It does not apply to service establishments. If the establishment is a service establishment, it must qualify under section 13(a)(2) in order to be exempt. A retail establishment selling goods, however, also may perform services incidental or necessary to the sale of such goods, such as a delivery service by a bakery store or installation of antennas by a radio dealer for his customers, without affecting the character of the establishment as a retail establishment qualified for exemption under section 13(a)(4).
§ 778.223 Pay for non-productive hours distinguished. ( a ) Under the Act an employee must be compensated for all hours worked. As a general rule the term “hours worked” will include: ( 1 ) All time during which an employee is required to be on duty or to be on the employer's premises or at a prescribed workplace; and
( 2 ) All time during which an employee is suffered or permitted to work whether or not he is required to do so.
( b ) Thus, working time is not limited to the hours spent in active productive labor, but includes time given by the employee to the employer even though part of the time may be spent in idleness. Some of the hours spent by employees, under certain circumstances, in such activities as waiting for work, remaining “on call”, traveling on the employer's business or to and from workplaces, and in meal periods and rest periods are regarded as working time and some are not. The governing principles are discussed in part 785 of this chapter (interpretative bulletin on “hours worked”) and part 790 of this chapter (statement of effect of Portal-to-Portal Act of 1947). To the extent that these hours are regarded as working time, payment made as compensation for these hours obviously cannot be characterized as “payments not for hours worked.” Such compensation is treated in the same manner as compensation for any other working time and is, of course, included in the regular rate of pay. Where payment is ostensibly made as compensation for such of these hours as are not regarded as working time under the Act, the payment is nevertheless included in the regular rate of pay unless it qualifies for exclusion from the regular rate as one of a type of “payments made for occasional periods when no work is performed due to failure of the employer to provide sufficient work, or other similar cause” as discussed in § 778.218 or is excludable on some other basis under section 7(e)(2). For example, an employment contract may provide that employees who are assigned to take calls for specific periods will receive a payment of $5 for each 8-hour period during which they are “on call” in addition to pay at their regular (or overtime) rate for hours actually spent in making calls. If the employees who are thus on call are not confined to their homes or to any particular place, but may come and go as they please, provided that they leave word where they may be reached, the hours spent “on call” are not considered as hours worked. Although the payment received by such employees for such “on call” time is, therefore, not allocable to any specific hours of work, it is clearly paid as compensation for performing a duty involved in the employee's job and is not of a type excludable under section 7(e)(2). The payment must therefore be included in the employee's regular rate in the same manner as any payment for services, such as an attendance bonus, which is not related to any specific hours of work. The principle in this paragraph (b) also applies when such “on call” pay is mandated by state or local law.
[84 FR 68775, Dec. 16, 2019]
#### Evans *vs*Evans.

*April*11.

Error to the Anderson *Circuit.*

*Divorces.*

er stated.

Judge Breck

delivered tire opinion of the Court.

An act amending the law regulating divorces, approved March 2, 1843, provides, that decrees may be made for divorces, by the proper Courts of this Commonwealth, in favor of the husband, when the wife shall abandon him for the space of one year.

Under that provision of the act, the plaintiff in erjor exhibited his bill in the Circuit Court of Anderson, alledging abandonment by his wife for more than a year previous thereto, and her refusal, although repeatedly requested by him to return, and praying a divorce.

*279This Court has the power of revising decrees of the Circuit Court refusing divorces.

When the fact of abandonment by the wife for the space of one year, is alledged and proved, the husband is entitled to a divorce.

*Wm. R. Smith*for plaintiff.

The defendant answered, not controverting the allegations of the bill, but avowing her intention never to recognize the complainant as her husband.

The allegations of the bill are satisfactorily established by the proof in the cause.

The Court below dismissed the complainant’s bill without prejudice, and he has brought the case before this Court for revision.

That this Court has revisory power over the case, there is no question. It was so settled in *Boggess*vs *Boggess,*(4 *Dana,*307.)

It seems to us that according to the provisions of the statute, the complainant has manifested his right to a decree for divorce. The expression in the act *that decrees may be made for divorces,*^c., must be construed as giving the power to the Court to render such decree, and the right of the party to claim or demand it in a case clearly within the provisions of the act.

The decree is, therefore, reversed, and the cause remanded, that a decree may be rendered divorcing the complainant agreeably to the prayer of his bill.