alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 230.107 Tender frame and body. ( a ) *Maintenance.* Tender frames shall be maintained in a safe and suitable condition for service.
( b ) *Height difference.* The difference in height between the deck on the tender and the cab floor or deck on the steam locomotive shall not exceed 11 ⁄ 2 inches.
( c ) *Gangway minimum width.* The minimum width of the gangway between steam locomotive and tender, while standing on tangent track, shall be 16 inches.
( d ) *Tender frame condemning defects.* A tender frame with any of the following defects shall be removed from service immediately and repaired: ( 1 ) Portions of the tender frame or body (except wheels) that have less than a 21 ⁄ 2 inches clearance from the top of rail;
( 2 ) Tender center sill that is broken, cracked more than 6 inches, or permanently bent or buckled more than 21 ⁄ 2 inches in any six foot length;
( 3 ) Tender coupler carrier that is broken or missing;
( 4 ) Tender center plate, any portion of which is missing or broken or that is not properly secured; or
( 5 ) Tender that has a broken side sill, crossbearer, or body bolster.
IV

107TH CONGRESS

1ST SESSION H. RES. 154

Expressing the sense of the House of Representatives that the United States

Postal Service should take all appropriate measures to ensure the continuation of its 6-day mail delivery service.

IN THE HOUSE OF REPRESENTATIVES

MAY 26 (legislative day, MAY 25), 2001

Mr. DAVIS of Illinois (for himself, Mr. MCHUGH, Mr. BURTON of Indiana, Mr.

WAXMAN, Mr. RUSH, Mr. THOMPSON of Mississippi, Mr. KANJORSKI,

Mr. DAVIS of Florida, Mr. BLAGOJEVICH, Mr. BROWN of Ohio, Mr.

GEORGE MILLER of California, Mr. ACKERMAN, Mr. ALLEN, and Mr.

BLUMENAUER) submitted the following resolution; which was referred to

the Committee on Government Reform

RESOLUTION

Expressing the sense of the House of Representatives that

the United States Postal Service should take all appropriate measures to ensure the continuation of its 6-

day mail delivery service.

Whereas the United States Postal Service has announced

that, in order to offset a projected budget shortfall, it

may need to reduce the frequency of its mail delivery

service from 6 days to 5 days a week (by ending Saturday delivery of mail);

Whereas 6-day mail delivery is an essential service that the

American people have relied on since 1912, particularly
2

•HRES 154 IH

working families that depend on the Postal Service for

the timely delivery of their paychecks;

Whereas Social Security is the primary or sole source of income for many senior citizens, and any delay in the delivery of their Social Security checks would make it difficult

for them to purchase even essential items such as food

and medicine; and

Whereas ending Saturday mail deliveries would inevitably

cause not only delays in the delivery of mail, but higher

postal costs, due to the many hours of additional overtime that the Postal Service would require in order to

handle the resulting backup of mail: Now, therefore, be

it

1 Resolved, That it is the sense of the House of Rep2 resentatives that the United States Postal Service should

3 take all appropriate measures to ensure the continuation

4 of its 6-day mail delivery service.

Æ
* Pursuant to Local Rule 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

for the Fifth Circuit

_____________________________________

No. 95-20558 

_____________________________________

ADVANCE CARTRIDGE TECHNOLOGY,

Plaintiff-Appellant

VERSUS

J.B. INTERNATIONAL SHIPPERS, LTD.;

EXCO, INC.; BROTHER FRANCE, S.A.,

Defendants-Appellees.

______________________________________________________

Appeal from the United States District Court

for the Southern District of Texas

(95-CV-904)

______________________________________________________

August 8, 1996

Before JONES, DUHÉ and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

 The court has carefully considered the excellent briefs

and pertinent parts of the record in the above-styled case and

concludes that it must affirm the district court’s judgment for

essentially the reasons stated by that court. In addition, the
2

court clearly had authority to decide a motion to dismiss for lack

of personal jurisdiction while the motion to remand was pending.

See, e.g., Villar v. Crowley Maritime Court, 990 F.2d 1489 (5th

Cir. 1993), cert. denied, 114 S.Ct. 690 (1994). Avitts, relied

upon by appellants, is easily distinguishable, because in that

case, unlike here, the federal court’s lack of subject matter

jurisdiction was patent, and no question of personal jurisdiction

was at issue. Second, this court agrees with the district court’s

discussion of personal jurisdiction and its conclusion that there

was no personal jurisdiction over Brother France for contractrelated claims. Third, to the extent ACT asserts what might be

construed as tort allegations against Brother France, there were

insufficient contacts between Brother France and ACT in Texas to

justify personal jurisdiction over the appellee on that basis.

AFFIRMED.
EBSA-2010-0050-DRAFT-0792.html[7/21/2015 12:33:37 PM]

PUBLIC SUBMISSION

As of: July 16, 2015

Received: July 08, 2015

Status: Pending_Post

Tracking No. 1jz-8jvb-gwes

Comments Due: July 21, 2015

Submission Type: Web

Docket: EBSA-2010-0050

Definition of the Term ‘‘Fiduciary’’; Conflict of Interest Rule—Retirement Investment Advice; Notice of

 proposed rulemaking and withdrawal of previous proposed rule.

Comment On: EBSA-2010-0050-0205

Definition of Fiduciary; Conflict of Interest Rule-Retirement Investment Advice and Related Proposed

 Prohibited Transaction Exemptions; Hearing and Comment Period Extension

Document: EBSA-2010-0050-DRAFT-0792

Comment on FR Doc # 2015-14921

Submitter Information

Name: Nathan Maxcey

General Comment

If this new proposed rule is implemented despite your good intentions, the DOLs approach could actually limit

 the availability and/or increase the cost of investment advice and services for retail investors like myself, as

 advisers and financial institutions pass on new administrative costs to us. 

Many consumers like myself prefer to pay charges only at the point of sale of an asset, rather than being required

 to pay level annual fees, such as a set percentage of annual asset values. 

Please do not approve this new rule. Please stay out of our retirement.
###### Editorial Note on Part 195

#### Editorial Note:

Nomenclature changes to part 195 appear at 71 FR 33409, June 9, 2006.

#### § 195.63 OMB control number assigned to information collection.

The control numbers assigned by the Office of Management and Budget to the hazardous liquid pipeline information collection pursuant to the Paperwork Reduction Act are 2137-0047, 2137-0601, 2137-0604, 2137-0605, 2137-0618, and 2137-0622.

[Amdt. 195-95, 75 FR 72907, Nov. 26, 2010]
§ 37.21 Applicability: General. ( a ) This part applies to the following entities, whether or not they receive Federal financial assistance from the Department of Transportation: ( 1 ) Any public entity that provides designated public transportation or intercity or commuter rail transportation;
( 2 ) Any private entity that provides specified public transportation; and
( 3 ) Any private entity that is not primarily engaged in the business of transporting people but operates a demand responsive or fixed route system.
( b ) For entities receiving Federal financial assistance from the Department of Transportation, compliance with applicable requirements of this part is a condition of compliance with section 504 of the Rehabilitation Act of 1973 and of receiving financial assistance.
( c ) Entities to which this part applies also may be subject to ADA regulations of the Department of Justice (28 CFR parts 35 or 36, as applicable). The provisions of this part shall be interpreted in a manner that will make them consistent with applicable Department of Justice regulations. In any case of apparent inconsistency, the provisions of this part shall prevail.
FIRST LEHIGH CORPORATION
COMPUTATION OF EARNINGS PER SHARE                                  EXHIBIT 11.1
THREE MONTHS ENDED MARCH 31, 1998 AND 1997


                                            MARCH         MARCH
BASIC EPS:                                 31 1998      31 1997
                                          ---------     ---------
NET INCOME                                  294,761     1,051,650
LESS PREFERRED STOCK DIVIDENDS:
    SERIES A                                (55,498)      (55,498)
    SENIOR                                  (56,085)      (56,273)
                                          ---------     ---------
NET INCOME AVAILABLE TO
 COMMON SHAREHOLDERS                        183,178       939,879
                                          ---------     ---------
COMMON STOCK OUTSTANDING:                 2,050,900     2,000,000
                                          ---------     ---------
EARNINGS PER SHARE - BASIC                     0.09          0.47
                                          =========     =========


                                            MARCH         MARCH
DILUTED EPS:                               31, 1998     31, 1997
                                          ---------     ---------

NET INCOME                                  294,761     1,051,650
                                          ---------     ---------
DILUTED EFFECT OF POTENTIAL
  COMMON STOCK:
     COMMON STOCK                         2,050,900     2,000,000
     STOCK OPTIONS                           60,000        60,000
     HYPOTHETICAL SHARE REPURCHASE (1)      (28,000)      (36,522)
     COMMON SHARES ISSUED UPON
       ASSUMED CONVERSION:
         SERIES A (2)                       545,600       545,600
         SENIOR (3)                         899,463       900,363
                                          ---------     ---------
DILUTIVE COMMON STOCK
OUTSTANDING:                              3,527,963     3,469,441
                                          ---------     ---------
EARNINGS PER SHARE - DILUTED                   0.08          0.30
                                          =========     =========


----------

(1)  ASSUMES CONVERSION OF THE STOCK OPTIONS INTO COMMON SHARES USING TREASURY
     STOCK METHOD OF COMPUTATION.

(2)  ASSUMES THE CONVERSION OF THE SERIES A PREFERRED STOCK INTO COMMON SHARES
     AT THE RATE OF .8 SHARES OF COMMON STOCK FOR EACH SHARE OF SERIES A
     PREFERRED STOCK. THE CONVERSION RATE OF SERIES A PREFERRED STOCK CHANGED
     FROM .8 TO .72 IN MARCH 1996. HOWEVER, THE BOARD OF DIRECTORS HAS APPROVED
     AN AMENDMENT THAT WOULD RETAIN THE .8 CONVERSION RATE UNTIL MARCH 1999,
     SUBJECT TO SHAREHOLDER APPROVAL. FOR PURPOSES OF THIS CALCULATION THE
     CONVERSION RATE OF .8 WAS USED.

(3)  ASSUMES CONVERSION OF SENIOR PREFERRED SHARES INTO COMMON STOCK AT FULL
     VALUE SINCE THE BASE VALUE APPROXIMATES MARKET VALUE.


                                       33
<TABLE> <S> <C>

<ARTICLE>       5
<MULTIPLIER>    1
       
<S>                                         <C>                 <C>
<PERIOD-TYPE>                               3-MOS               9-MOS
<FISCAL-YEAR-END>                             MAR-31-1999         MAR-31-1999
<PERIOD-START>                                OCT-01-1998         APR-01-1998
<PERIOD-END>                                  DEC-31-1998         DEC-31-1998
<CASH>                                            225,707             225,707
<SECURITIES>                                            0                   0
<RECEIVABLES>                                     718,242             718,242
<ALLOWANCES>                                        5,873               5,873
<INVENTORY>                                     1,044,049           1,044,049
<CURRENT-ASSETS>                                2,210,914           2,210,914
<PP&E>                                          5,629,210           5,629,210
<DEPRECIATION>                                  3,811,296           3,811,296
<TOTAL-ASSETS>                                  5,366,635           5,366,635
<CURRENT-LIABILITIES>                           4,497,187           4,497,187
<BONDS>                                           500,000             500,000
<PREFERRED-MANDATORY>                                   0                   0
<PREFERRED>                                             0                   0
<COMMON>                                          264,874             264,874
<OTHER-SE>                                     22,501,576          22,501,576
<TOTAL-LIABILITY-AND-EQUITY>                    5,366,635           5,366,635
<SALES>                                           795,108           2,180,848
<TOTAL-REVENUES>                                  795,108           2,180,848
<CGS>                                             451,992           1,229,811
<TOTAL-COSTS>                                   1,161,784           3,515,513
<OTHER-EXPENSES>                                        0                   0
<LOSS-PROVISION>                                        0                   0
<INTEREST-EXPENSE>                                448,638             746,552
<INCOME-PRETAX>                                  (815,294)         (2,081,217)
<INCOME-TAX>                                            0                   0
<INCOME-CONTINUING>                              (815,294)         (2,081,217)
<DISCONTINUED>                                          0                   0
<EXTRAORDINARY>                                         0                   0
<CHANGES>                                               0                   0
<NET-INCOME>                                     (815,294)         (2,081,217)
<EPS-PRIMARY>                                       (0.31)              (0.79)
<EPS-DILUTED>                                       (0.31)              (0.79)
        

</TABLE>
§ 33.81 Appeals. ( a ) Any person who has had a request for adjustment or exception denied by the Defense Production Act Activities Coordinator under § 33.80, may appeal to the Department of Transportation's Assistant Secretary for Administration, who shall review and reconsider the denial.
( b ) ( 1 ) Except as provided in paragraph (b)(2) of this section, an appeal must be received by the Assistant Secretary for Administration no later than 45 days after receipt of a written notice of denial from the Defense Production Act Activities Coordinator. After this 45-day period, an appeal may be accepted at the discretion of the Assistant Secretary for Administration for good cause shown.
( 2 ) For requests for adjustment or exception involving rated orders placed for the purpose of emergency preparedness, an appeal must be received by the Assistant Secretary for Administration, no later than five (5) days after receipt of a written notice of denial from the Defense Production Act Activities Coordinator. Contract performance under the order shall not be stayed pending resolution of the appeal.
( c ) Each appeal must be in writing and contain a complete statement of all the facts and circumstances related to the action appealed from, all necessary documents, and a full and precise statement of the reasons the decision should be modified or reversed.
( d ) In addition to the written materials submitted in support of an appeal, an appellant may request, in writing, an opportunity for an informal hearing. This request may be granted or denied at the discretion of the Assistant Secretary for Administration.
( e ) When a hearing is granted, the Assistant Secretary for Administration may designate an employee of the Office of the Senior Procurement Executive to conduct the hearing and to prepare a report. The hearing officer shall determine all procedural questions and impose such time or other limitations deemed reasonable. In the event that the hearing officer decides that a printed transcript is necessary, all expenses shall be borne by the appellant.
( f ) When determining an appeal, the Assistant Secretary for Administration may consider all information submitted during the appeal as well as any recommendations, reports, or other relevant information and documents available to the Department of Transportation, or consult with any other persons or groups.
( g ) The submission of an appeal under this section shall not relieve any person from the obligation of complying with the provision of this part or official action in question while the appeal is being considered unless such relief is granted in writing by the Assistant Secretary for Administration.
( h ) The decision of the Assistant Secretary for Administration shall be made within five (5) working days after receipt of the appeal, or within one (1) working day for appeals pertaining to emergency preparedness and shall be the final administrative action. It shall be issued to the appellant in writing with a statement of the reasons for the decision.
H. Res. 202

In the House of Representatives, U.S.,

September 5, 2001.

Whereas every 3 seconds someone in the United States needs

a blood transfusion;

Whereas approximately 32,000 pints of blood are used each

day in the United States;

Whereas donated blood is used for transfusions of platelets,

red blood cells, and plasma;

Whereas between 5 and 8 pints of red blood cells and approximately 5 pints of platelets are needed for the average open-heart surgery;

Whereas people who have been in car accidents and suffered

massive blood loss may require transfusions of 50 pints

or more of red blood cells;

Whereas blood centers are often in short supply of type O

and type B blood;

Whereas shortages of type O and type B blood are most

acute during the summer and during traditional vacation

periods during the winter;

Whereas blood shortages can result in canceled surgeries,

emergency room closures, and even death;

Whereas the Southeastern United States was in short supply

of blood for transfusions before being hit by tropical
2

•HRES 202 EH

storm Allison and is now experiencing a blood shortage

crisis;

Whereas other States are donating blood from their own fragile blood supplies to the States that were hit hardest by

tropical storm Allison;

Whereas the State of New York is experiencing a blood shortage crisis;

Whereas eligible donors in the State of New York are less

than half as likely as other eligible donors in the United

States to donate blood;

Whereas due to higher rates of cancer and other factors, the

demand for blood in New York is higher than in other

States;

Whereas the State of New York and the entire United States

would benefit from increased blood donation;

Whereas the establishment of a Summer Emergency Blood

Donor Season would encourage eligible donors in the

United States to donate blood; and

Whereas the summer of 2001 would be an appropriate season

to establish as Summer Emergency Blood Donor Season:

Now, therefore, be it

Resolved, That it is the sense of the House of Representatives that—

(1) a Summer Emergency Blood Donor Season

should be established to encourage eligible donors in the

United States to donate blood; and

(2) the President should issue a proclamation calling on the people of the United States to observe the
3

•HRES 202 EH

summer of 2001 with appropriate programs and activities, including, in the case of eligible donors, the donation of blood.

Attest:

Clerk.
###### Editorial Note on Part 389

#### Editorial Note:

Nomenclature changes to part 389 appear at 66 FR 49873, Oct. 1, 2001.

#### § 389.1 Applicability.

This part prescribes rulemaking procedures that apply to the issuance, amendment and revocation of rules under an Act.

[62 FR 37152, July 11, 1997]
Editorial Note on Part 385
Editorial Note: Nomenclature changes to part 385 appear at 66 FR 49872, Oct. 1, 2001.

§ 385.915 Petitions for rescission. ( a ) A motor carrier or intervening person may submit a petition for rescission of an order suspending or revoking registration under this subpart based on action taken to correct the deficiencies that resulted in the suspension or revocation.
( b ) A petition for rescission must be made in writing to the Agency Official.
( c ) A petition for rescission must include a copy of the order suspending or revoking the motor carrier's registration, a factual statement identifying all corrective action taken, and copies of supporting documentation.
( d ) The Agency Official will issue a written decision on the petition within 60 days of service of the petition. The decision will state the factual and legal basis for the decision.
( e ) If the Agency Official grants the petition, the written decision under paragraph (d) is the Final Agency Order. Rescinding an order suspending a motor carrier's registration permits that motor carrier to resume operations so long as it is in compliance with all other statutory and regulatory requirements. Rescinding an order revoking a motor carrier's registration does not have the effect of reinstating the revoked registration. In order to resume operations in interstate commerce, the motor carrier whose registration was revoked must reapply for registration. If registration is granted, the motor carrier would also become subject to the new entrant regulations at 49 CFR part 385.
( f ) If the Agency Official denies the petition, the petitioner may petition the Assistant Administrator for review of the denial. The petition must be in writing and served on the Assistant Administrator. Service on the Assistant Administrator is effected by delivering a copy to USDOT Dockets, Docket Operations, 1200 New Jersey Avenue, West Building Ground Floor, Room 12-140 SE., Washington, DC 20590-0001 or by submitting the documents electronically to *www.regulations.gov .* The petition must also be served on all parties to the proceedings and on Adjudications Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave. SE., Washington, DC 20590-0001. The petition for review of the denial must be served within 15 days of the service of the decision denying the petition for rescission. The petition for review must identify the legal, factual or procedural issues in dispute with respect to the denial of the petition for rescission. The petition for review may not, however, challenge the basis of the underlying suspension or revocation order.
( g ) The Agency Official may file a written response within 15 days of receipt of the petition for review.
( h ) The Assistant Administrator will issue a written decision on the petition for review within 60 days of service of the petition for review or a timely served response, whichever is later. The Assistant Administrator's decision constitutes the Final Agency Order.