Relevant bibliographies by topics / Section 129(1)(a)-notice

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Academic literature on the topic 'Section 129(1)(a)-notice'

Author: Grafiati
Published: 4 June 2021
Last updated: 9 February 2022

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Journal articles on the topic "Section 129(1)(a)-notice"

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Van Heerden, Corlia, and Hermie Coetzee. "Marimuthu Munien V BMW Financial Services (SA) (PTY) LTD Unreported Case No 16103/08 (KZD)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 4 (2017): 332. http://dx.doi.org/10.17159/1727-3781/2009/v12i4a2748.

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Section 129(1)(a) read with section 130(1) and 130(3) of the National Credit Act 34 of 2005 (the NCA) provides that, as a required procedure before debt enforcement, a credit provider must draw the default to the consumer's notice in writing and propose that the consumer refer the credit agreement to a debt counsellor, alternative dispute resolution agent, consumer court or ombud with jurisdiction, with the intent that the parties resolve any dispute under the agreement or develop and agree on a plan to bring the payments under the agreement up to date. Even though section 129(1)(a) is silent as to the method by which the default should be brought to the consumer's notice, section 130(1)(a) provides clarity by requiring the section 129(1)(a) notice to be delivered. It appears that a credit provider who fails to comply with the provisions of section 129(1)(a) prior to debt enforcement by means of litigation will be in a procedural predicament as the credit provider will not possess a complete cause of action thus, for instance, rendering the summons excipiable. The crucial question thus appears to be whether or not in a given situation one may say that there was proper compliance with section 129(1)(a) as this directly affects the existence or absence of a complete and proper cause of action. A number of factors has to be considered in order to address this question, the most important being if the section 129(1)(a) notice was duly 'delivered'. In this regard two questions are especially relevant: a) When exactly can it be said that a section 129(1)(a) notice was 'delivered' for purposes of the NCA? b) Is it necessary for such notice to be received by the consumer in order to constitute proper compliance with the delivery requirement pertaining to section 129(1)(a)? The above questions were decided on in a recent judgment, Marimuthu Munien v BMW Financial Services (SA) (Pty) Ltd Case no 16103/08 (KZD) (unreported). This article will analyse section 129(1)(a) of the NCA by inter alia considering the above questions against the backdrop of the particular decision.
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Fuchs, Michelle MM. "The Impact of the National Credit Act 34 of 2005 on the Enforcement of a Mortgage Bond: Sebola v Standard Bank of South Africa Ltd 2012 5 SA 142 (CC)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 3 (2017): 376. http://dx.doi.org/10.17159/1727-3781/2013/v16i3a2377.

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When a mortgagor is in default and the mortgagee wants to enforce the debt the National Credit Act (hereafter the NCA) may apply. A credit agreement may be enforced in court by a credit provider against a defaulting debtor only once the requirements of sections 129 and 130 of the NCA have been adhered to. If a mortgagor (who is a protected consumer in terms of the NCA) is in default, the mortgagee must deliver a section 129(1) notice to the consumer, thereby drawing the default to the attention of the consumer. For a number of years there has been uncertainty about the interpretation of section 129(1) and how it affects the execution procedure in the case of a mortgage bond over immovable property. The recent Constitutional Court judgment of Sebola v Standard Bank 2012 5 SA 142 (CC) overturns, to my mind, the more reasonable approach to such notices in Rossouw v Firstrand Bank Ltd (2010 6 SA 439 (SCA)). It was held in Sebola that before instituting action against a defaulting consumer, a credit provider must provide proof to the court that a section 129(1) notice of default (i) has been despatched to the consumer's chosen address and (ii) that the notice reached the appropriate post office for delivery to the consumer, thereby coming to the attention of the consumer. In practical terms the credit provider must obtain a post-dispatch "track and trace" print-out from the website of the South African Post Office. There is now a much heavier burden on a bank to ensure that proper proof is provided that the notice was sent and delivered to the correct address. Consequently it places another hurdle in the path of a mortgagee who wishes to foreclose.
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Choma, Hlako, Thifulufhelwi Cedric Tshidada, and Tshegofatso Kgarabjang. "The impact of the credit legislation on consumers." Risk Governance and Control: Financial Markets and Institutions 6, no. 4 (2016): 503–9. http://dx.doi.org/10.22495/rgcv6i4siart8.

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The purpose of this paper is to examine two South Africa legislations dealing with over indebtedness of a consumer. It is clear that in terms of the South African law, section 129 (1) and 130 (3) of the National Credit Act provide that a creditor provider who wishes to enforce a debt under a credit agreement must first issue a section 129 (1) (a) notice to the consumer (the purpose of the notice is to notify the consumer of his/her arrears). On the other hand, the South African National Credit Act encourages the consumers to fulfil the financial obligations for which they are responsible. The second legislation to be examined which serve or appear to serve same purpose as the National Credit Act is the Insolvency Act. It therefore, postulated that the compulsory sequestration of a consumer in terms of the Insolvency Act would stand as an alternative remedy for a credit provider before she/he can have recourse mechanisms, such as debt review that are focused on satisfaction of the consumer’s financial obligation , in terms of the provisions of the National Credit Act. The paper determines to what extend these measures comply with the constitutional consumer protection demands. The legislature had been pertinently cognizant of the Insolvency Act when it lately enacted the National Credit Act. This is much apparent from the express amendment of section 84 of the Insolvency Act to the extent set out in schedule 2 of the National Credit Act
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Maghembe, Ngwaru. "The Appellate Division has spoken – Sequestration Proceedings do not Qualify as Proceedings to Enforce a Credit Agreement under The National Credit Act 34 of 2005: Naidoo v ABSA Bank 2010 4 SA 597 (SCA)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 2 (2017): 170. http://dx.doi.org/10.17159/1727-3781/2011/v14i2a2567.

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This case note aims to analyse the decision of the Supreme Court of Appeal in Naidoo v ABSA Bank 2010 4 SA 597 (SCA) and to spark some debate as to whether being under debt review in terms of the National Credit Act (NCA) should bar sequestration proceedings in the form of an application for the compulsory sequestration of a consumer’s estate. This decision held that a credit provider does not need to comply with the procedure provided for in section 129(1) of the NCA before instituting sequestration proceedings against a debtor, as such proceedings are not proceedings to enforce a credit agreement. The main issues discussed in this article are whether the court was correct in its interpretation of the relevant provisions of the NCA and whether this decision that allows a creditor to sequestrate a debtor who is attempting to meet his/her obligations under debt review, without informing him/her, is consistent with the principle urging consumers to satisfy all of their financial obligations under the NCA. It is submitted by the author that the court was correct in its interpretation of the relevant provisions of the NCA, but may have overlooked how this decision may impact the principle of satisfaction by the consumer of all of his/her financial obligations. It is suggested by the author that amendments be made to force the creditor to give a section 129 notice to the debtor before seeking sequestration of his/her estate. The author also suggests that once debt restructuring has been granted, credit providers should not be allowed to proceed with sequestration proceedings against the debtor.
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De Villiers, Dawid. "National Credit Regulator Versus Nedbank Ltd and the Practice of Debt Counselling in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 2 (2017): 127. http://dx.doi.org/10.17159/1727-3781/2010/v13i2a2643.

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The National Credit Regulator approached the then Transvaal Provincial Division of the High Court in 2008 by way of a notice of motion. In this application the Regulator prayed in terms of section 16(1)(b) of the National Credit Act 34 of 2005 (the "NCA") for the proper interpretation of mainly sections 86 and 87 of the same Act. Due to uncertainty and confusion the Regulator lodged an application to obtain clarity on some of the difficulties that debt counsellors experience in practice. The matter was heard in the High Court (TPD) on 02/03/2009 and judgment was handed down by Du Plessis J on 21/08/2009. This article discusses the fifteen prayers and the impact of the orders granted by the Court under three logical headings, namely: those that deal with the NCA and the Magistrate’s Court; Order 1 (on section 86(7)(c)), order 2 (an obligation to conduct a hearing), order 3 (the judicial role of the Magistrate’s Court) and order 4 (the application procedure of the Magistrate’s Court) defined the interaction between the NCA and the Magistrate’s Court Act (the “MCA”) very clearly. Since there is no sui generis procedure provided for in the NCA, it is submitted that the Court’s approach is correct. However, the end result is that the over-indebted consumer is not supported to the degree the NCA envisages. For example: a rule 55 procedure of the MCA can be cumbersome and costly, while the NCA envisaged a fast and relatively inexpensive process. those that deal with the role of the debt counsellor in debt restructuring; Order 5 (costs), order 6 (statutory function) and order 8 (the unique role of the debt counsellor), granted under this heading, are important. They define the role of the debt counsellor to be different from the run-of-the-mill applicant in terms of rule 55. He/she is even protected against some cost orders due to a statutory function. Because of this special function a question arises: should this difference in treatment not be even greater than custom presently permits or proposes? Since this function brings great responsibility and much paper work, should it not affect the fees that a debt counsellor may charge? those that deal with the court procedures. Orders 7, 9, 10 and 11 in this section are welcomed, namely those that deal with the service of documents, the geographical jurisdiction and monetary limit of the court, reckless credit and the in duplum rule. However, the Court preferred to stay on the safe side with respect to emoluments attachments orders and the application of section 86(2) to section 129(1). The lack of direction on the question when formal debt enforcement in fact begins, is regrettable. However, the declarator is a milestone in the history of the NCA. The orders impact significantly on the practice of debt review and will continue to shape the credit industry. Despite some disappointments it can be concluded that the declarator on the whole adds value to the practice of debt counselling in South Africa. It is now for the industry, the NCR, the legislators and scholars to take matters further.
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Fogliatto, Laura, Caroline Brum, Alethea Zago, et al. "Pregnancy during Treatment with Imatinib: A Case Report." Blood 106, no. 11 (2005): 4851. http://dx.doi.org/10.1182/blood.v106.11.4851.4851.

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Abstract CFSA, an 18-year-old woman with a history of weight loss and abdominal discomfort was diagnosed with chronic myelogenous leukemia (CML) in December 2002. The WBC were 440 x 109 /L with 25% neutrophils, 20% bands, 9% metamyelocytes, 9% myelocytes, 8% promyelocytes, 10% basophils, 9% eosinophils, 1% lymphocytes and 8% blasts. The hemoglobin was 9,8 g/dL and platelet count 416 x 109/ L. A bone marrow examination demonstrated granulocytic hyperplasia and the presence of Philadelphia chromosome in 100% of the metaphasis. A diagnosis of CML was made and she was started on hydroxyurea and imatinib 600mg daily. No matched HLA donor was found. There was a partial hematological response. In February 2005 on imatinib (600 mg) she was pregnant and an ultrasound scan showed a viable fetus of 17 weeks. The WBC were 22 x 109 /L with 50% neutrophils, 23% bands, 8% metamyelocytes, 12% myelocytes, 1% promyelocytes, 5% lymphocytes, hemoglobin 11,4 g/dl and platelet count 290 x 109. Imatinib was stopped and she remained off treatment during pregnancy. Cesarean section was performed at 38th week because of preeclampsia (hypertension, headache and scotomas). A healthy girl weighing 2980 g, 46,5 cm in length with Apgar score of 9 was delivered. The infant’s physical examination, WBC, hemoglobin, platelet count and cranial ultrasonography were normal. The baby is presently healthy with no developmental abnormalities. There are few reports on the use of 600 mg a day of imatinib and pregnancy. It is of notice, although probably unrelated, the event of preeclampsia. The effects of imatinib on fetus are unkown and should be considered teratogenic until more studies or cases are reported.
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Koyuncu, Kazibe, Yasemin Alan, Önder Sakin, Hale Ankara Aktaş, and Ali Doğukan Angın. "Conditions affecting postpartum depression in the Covid-19 pandemic." Medical Science and Discovery 7, no. 8 (2020): 611–16. http://dx.doi.org/10.36472/msd.v7i8.413.

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Objective: Covid-19 infection was first diagnosed in Wuhan, China, and became a pandemic. Afterward, it had a devastating effect on mental and physical health. Postpartum depression (PPD) is a common health problem that needs attention to improve women’s healthcare. Herein, we aim to search for the PPD incidence in the pandemic period.
 Methods: A prospective cross-sectional study was conducted. A total of 126 pregnant women were included for the study. None of the patients had Covid-19 infection. Inclusion criteria included; women were aged 18 or over and ability to communicate fluently provided informed consent to participate. Women who had late fetal loss and stillbirth or neonatal death were excluded. Patients age, gravida, medical history, previous or ongoing psychological disease, and drug use, alcohol use and smoking, obstetric follow-up regarding any complication for the fetus or mother, socio-economic status, spouse support, sleep disorder, hyperemesis gravidarum, type of delivery, fetal birth weight, height, AGGAR scores 1-5th min, neonatal intensive care unit (NICU) admissions were recorded. Postpartum depression diagnosis was evaluated via Edinburgh Postpartum Depression Scale (EPDS). Patients were grouped into two, group 1 consisted of patients who are at low risk for postpartum depression and group 2 was at high risk for depression according to their EPDS scores.
 Results: The mean age of the patients was 28.90±5.26 (18-41). 68 (54%) of the patients had vaginal deliveries and 58 (46%) of them had cesarean section. The average weight of newborn babies was 3324±586.11 grams (2750-4950), 1st minute APGAR score was 7.75±0.9 (4-8), 5th minute APGAR score was 8.88±0.45 (7-9). 23 (18.3%) of the newborns were admitted to neonatal intensive care (Table 1). According to the EDPS scores, only 12% of the patients were classified as having high risk group for depression. Lower income, previous psychiatric illness, higher education levels and having newborn needs NICU were found to significantly related to PPD (p = 0.029, p = 0.034, p=0.046 and p = 0.001 respectively) (Table 2). The other parameters were not found to be significantly related to PPD scores.
 Conclusion: Covid-19 was not found to increase the rate of PPD in short term notice in our center, which was affected seriously. Studies with a higher number of patients and in different regions are necessary to state a precise conclusion.
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Yeshkeyev, A. R., and M. T. Omarova. "An essential base of the central types of the convex theory." BULLETIN OF THE KARAGANDA UNIVERSITY-MATHEMATICS 101, no. 1 (2021): 119–26. http://dx.doi.org/10.31489/2021m1/119-126.

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In this paper, we consider the model-theoretical properties of the essential base of the central types of convex theory. Also shows the connection between the center and Jonsson theory in permissible enrichment signatures. Moreover, the theories under consideration are hereditary. This article is divided into 2 sections: 1) an essential types and an essential base of central types (in this case, the concepts of an essential type and an essential base are defined using the Rudin-Keisler order on the set of central types of some hereditary Jonsson theory in the permissible enrichment); 2) the atomicity and the primeness of ϕ(x)-sets. In this paper, new concepts are introduced: the ϕ(x)-Jonsson set, the AP A-set, the AP A-existentially closed model, the ϕ(x)-convex theory, the ϕ(x)-transcendental theory, the AP A-transcendental theory. One of the ideas of this article refers to the fact that in the work of Mustafin T.G. it was noticed that any universal model of a quasi-transcendental theory with a strong base is saturated, but we generalized this result taking into account that: the concept of quasi-transcendence will be replaced by the ϕ(x)-transcendence, where ϕ(x) defines some Jonsson set; and the notion of a strong base is replaced by the notion of an essential base, but in a permissible enrichment of the hereditary Jonsson theory. The main result of our work shows that the number of fragments obtained under a closure of an algebraic or definable type does not exceed the number of homogeneous models of a some Jonsson theory, which is obtained as a result of a permissible enrichment of the hereditary Jonsson theory.
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Bagwell, Kyle, and Petros C. Mavroidis. "United States – Section 129(c)(1) of the Uruguay Round Agreements Act (WTO Doc. WT/DS22/R of 15 July 2002): Beating Around (The) Bush." World Trade Review 4, S1 (2005): 12–35. http://dx.doi.org/10.1017/s1474745605001217.

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In this dispute, Canada attacks Section 129(c)(1) of the US trade legislation as a result of the entry into force of the Uruguay Round Agreements [Uruguay Round Agreements Act (URAA), hereinafter “Section 129”] which provides that a new antidumping or countervailing duty determination made by the Department of Commerce (DOC) or the International Trade Commission (ITC) to bring a previous antidumping, countervailing duty or injury determination into conformity with an adverse WTO panel or Appellate Body report applies only to imports that enter the United States on or after the date that the United States Trade Representative (USTR) directs implementation of the new determination.
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Government Documents Round Table, GODORT. "Notice to GODORT Membership: Vote to Amend the GODORT Bylaws." DttP: Documents to the People 45, no. 1 (2017): 19. http://dx.doi.org/10.5860/dttp.v45i1.6304.

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At the GODORT General Membership meeting at the 2017 ALA Conference, the membership will be asked to vote on the following proposed additions (and amendments) to the current GODORT Bylaws. These would provide for a “Bylaws and Organization Coordinator.” This new officer would supplant the current Bylaws and Organization standing Committee and perform the current functions of the Committee, as defined in the GODORT Bylaws [Article XI. Amendments] and in Chapter 13 of the GODORT Policies and Procedures Manual. The underlined text will be added to Article IV (Officers), Section 1 and Section 8 [The current Section 8, which defines the GODORT Special Officers, will be re-numbered Section 9] and to Article VII (Executive Committee). Article IX (Policies and Procedures) and Article XI (Amendments), Sections 2 and 3 will need to be harmonized, to reflect substitution in the Bylaws of “Bylaws and Organization Coordinator” for references to the Bylaws Committee and Chair of the Bylaws Committee:
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Dissertations / Theses on the topic "Section 129(1)(a)-notice"

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Maphalla, Rudene Crystal. "The Section 129(1)(a) Notice as a Prerequisite for Debt Enforcement in terms of the National Credit Act 34 of 2005." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/46089.

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Davies, Alexander M. "The influence of the Prescription Act, 68 of 1969 on selected aspects of the notice in terms of Section 129(1)(a) of the National Credit Act, 34 of 2005." Diss., University of Pretoria, 2014. http://hdl.handle.net/2263/45977.

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Fuchs, Maria Magdalena. "Oproepingsproses van verbande op onroerende sake in die Suid-Afrikaanse reg = Foreclosure of mortgage bonds over immovable property under South African law." Diss., 2013. http://hdl.handle.net/10500/13179.

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Text in Afrikaans<br>In hierdie verhandeling ontleed ek die oproeping van ʼn verband op ʼn onroerende saak in die Suid-Afrikaanse reg. Indien ʼn verbandskuldenaar wanpresteer, kan die verbandskuldeiser sy beperkte saaklike reg afdwing deur die verband op te roep ten einde die uitstaande skuld te delg. Om dit te bereik, word die sekerheidsobjek op ʼn eksekusieverkoping te gelde gemaak, nadat die regte prosedure gevolg is. Die oproepingsproses is in die laaste dekade ingrypend verander, grotendeels as gevolg van artikel 26 van die Grondwet, 1996, en artikels 129 en 130 van die National Credit Act 34 van 2005. Die volgende stadiums in die oproepingsproses word onderskei: die voorverhoorprosedure; jurisdiksiebepaling; die hofprosedure; beslaglegging en die eksekusieverkoping. Wetgewing en regspraak het onlangs ingrypende veranderings ten aansien van die voorverhoorprosedure en die hofprosedure teweeggebring. Alhoewel die oproepingsproses tans bevredigend deur wetgewing en in die regspraak gereël word, is daar nog verontrustende aspekte van eksekusieverkopings wat die wetgewer se aandag verdien.<br>In this dissertation I analyse the calling up of a mortgage bond over immovable property under South-African law. If a mortgagor defaults, the mortgagee can enforce his limited real right by calling up the mortgage bond to satisfy the outstanding debt. To accomplish this, the secured property will be sold at an execution sale, after the correct procedure has been followed. Over the past decade, foreclosure proceedings have undergone significant changes, largely owing to section 26 of the Constitution, 1996, and sections 129 and 130 of the National Credit Act 34 of 2005. The following stages in the foreclosure process are identified: pre-trial debt enforcement procedure; determination of jurisdiction; court procedure; attachment and execution sale. Both the pre-trial debt enforcement procedure and the court procedure have recently been substantially amended by legislation and case law. Although legislation and case law currently regulate the foreclosure process satisfactorily, some disturbing aspects of execution sales remain and these deserve the legislator’s attention.<br>Private Law<br>LL.M.
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Frantzen, Erinda. "The powers and authority of directors to act on behalf of a company under South African law." Diss., 2019. http://hdl.handle.net/10500/25735.

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As a company is a juristic person it can only act through human agency. A question that arises because of this fact is under what circumstances a company can be held to a contract by a third party where its representative was unauthorised to enter into such contract. There should be a careful weighing and balancing of the interests of the shareholders and the company on the one hand and the contracting third party on the other. It is further important to have legal certainty on the validity and enforceability of contracts concluded by and with companies as the absence of certainty can hamper business dealings with companies which would have an impact on the economy. The common-law principles of agency form the foundation upon which representation within the context of company law takes place. The law of agency has been adapted in the context of company law to satisfy the unique needs that have originated in this regard. One such adaptation is the creation of the Turquand rule by the English courts which rule was taken over by the South African courts. One of the primary reasons for creating the Turquand rule was due to the harsh effect that the common-law doctrine of constructive notice had on third parties dealing with a company. In this study an examination of the current legal position regarding representation of a company in South Africa was undertaken. The history and development of the common-law principles of agency and doctrines that are unique to representation in a company law context are analysed and the relevant sections of the Companies Act 71 of 2008 are discussed. The integration of the common-law principles with the relevant provisions of the Companies Act 71 of 2008 is considered and recommendations are made in respect thereof. In support of the analysis, a comparative study was undertaken of the history and development of this subject matter in England. It was concluded that South African company law, with all its shortcomings and uncertainties is still to be preferred above the position in England.<br>Aangesien ‘n maatskappy ‘n regspersoon is, kan dit slegs deur middel van natuurlike persone as agente optree. ‘n Vraag wat as gevolg van hierdie feit ontstaan is onder watter omstandighede ‘n maatskappy deur ‘n derde party gebonde gehou kan word aan ‘n kontrak waar die maatskappy se verteenwoordiger nie gemagtig was om die kontrak aan te gaan nie. Daar behoort ‘n versigtige afweging te wees tussen die belange van die maatskappy en sy aandeelhouers aan die een kant en ‘n derde party wat met die maatskappy kontrakteer aan die ander kant. Dit is verder belangrik om regsekerheid te hê oor die geldigheid en afdwingbaarheid van kontrakte wat met maatskappye aangegaan word aangesien die afwesigheid daarvan besigheidsverkeer met maatskappye kan kortwiek wat ‘n impak op die ekonomie tot gevolg sal hê. Die gemeenregtelike beginsels van verteenwoordiging vorm die basis waarop verteenwoordiging binne die konteks van maatskappyereg plaasvind. Verteenwoordigingsreg is aangepas binne die konteks van maatskappye om voorsiening te maak vir die unieke behoeftes wat in hierdie verband ontstaan het. Een sodanige aanpassing is die skepping van die Turquand reël deur die Engelse howe, welke reël deur die Suid-Afrikaanse howe oorgeneem is. Een van die hoofredes vir die skepping van die Turquand reël is die onregverdige uitwerking wat die gemeenregtelike leerstuk van toegerekende kennis op derde partye gehad het wat met ‘n maatskappy onderhandel. ‘n Studie van die huidige regsposisie rakende verteenwoordiging van ‘n maatskappy in Suid-Afrika is hierin gedoen. Die geskiedenis en ontwikkeling van die gemeenregtelike beginsels van verteenwoordiging en leerstukke eie aan verteenwoordiging in die konteks van maatskappyereg is geanaliseer. Die betrokke artikels van die Maatskappywet 71 van 2008 word bespreek. Die integrasie van hierdie gemeenregtelike beginsels met die betrokke bepalings van die Maatskappywet 71 van 2008 is oorweeg en aanbevelings in verband daarmee gemaak. Ter ondersteuning van die analise is ‘n vergelykende studie van die gekiedenis en ontwikkeling van hierdie onderwerp in Engeland onderneem. Daar is tot die slotsom gekom dat die Suid-Afrikaanse maatskappyereg, met al sy tekortkominge en onsekerhede nogsteeds bo die posisie in Engeland te verkies is.<br>Mercantile Law<br>LL. M.
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Books on the topic "Section 129(1)(a)-notice"

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1946-, Bush George W., and United States. Congress. House. Committee on Appropriations., eds. Notification to enter into a free trade agreement with the Republic of Korea: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the Republic of Korea, in accordance with section 2105(a)(1)(A) of the Trade Act of 2002 (Pub. L. 107-210), received April 1, 2007, pursuant to 19 U.S.C. 2112(e)(1). U.S. G.P.O., 2007.

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1946-, Bush George W., and United States. Congress. House. Committee on Ways and Means, eds. Notification to enter into a free trade agreement with the government of Australia: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the government of Australia, in accordance with section 2105(a)(1)(A) of the Trade Act of 2002, pursuant to 19 U.S.C. 2112(e)(1). U.S. G.P.O., 2004.

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1946-, Bush George W., and United States. Congress. House. Committee on Ways and Means, eds. Notification to enter into a free trade agreement with the Kingdom of Morocco: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the Kingdom of Morocco, in accordance with Section 2105(a)(1)(A) of the Trade Act of 2002, pursuant to 19 U.S.C. 2112(e)(1). U.S. G.P.O., 2004.

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1946-, Bush George W., and United States. Congress. House. Committee on Ways and Means, eds. Notification to enter into a free trade agreement with the Repuiblic of Peru: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the Republic of Peru, in accordance with section 2105(a)(1)(A) of the Trade Act of 2002 (Pub. L. 107-210), pursuant to 19 U.S.C. 2112 (e)(1). U.S. G.P.O., 2006.

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United States. President (2001-2009 : Bush). Notification to enter into a free trade agreement with the government of Bahrain: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the government of Bahrain, in accordance with section 2105(a)(1)(A) of the Trade Act of 2002 (PUB. L. 107-210), pursuant to 19 U.S.C. 2112(e)(1). U.S. G.P.O., 2004.

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1946-, Bush George W., and United States. Congress. House. Committee on Ways and Means., eds. Notification to enter into a free trade agreement with the Republic of Panama: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the Republic of Panama, in accordance with section 2105(a)(1)(A) of the Trade Act of 2002 (Pub. L. 107-210), pursuant to 19 U.S.C. 2112 (e)(1). U.S. G.P.O., 2007.

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1946-, Bush George W., and United States. Congress. House. Committee on Ways and Means, eds. Notification to enter into a free trade agreement with the Republic of Colombia : message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the Republic of Colombia, in accordance with section 2105(a)(1)(A) of the Trade Act of 2002 (Pub. L. 107-210), pursuant to 19 U.S.C. 2112(e)(1). U.S. G.P.O., 2006.

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1946-, Bush George W., and United States. Congress. House. Committee on Ways and Means, eds. Notification to enter into a free trade agreement with the Sultanate of Oman: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the Sultanate of Oman, in accordance with Section 2105(a)(1)(A) of the Trade Act of 2002 (Pub. L. 107-210), pursuant to 19 U.S.C. 2112(e)(1). U.S. G.P.O., 2005.

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1946-, Bush George W., and United States. Congress. House. Committee on Ways and Means, eds. Notification to enter into a free trade agreement with the government of the Dominican Republic: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement with the government of the Dominican Republilc, in accordance with Section 2105(a)(1)(A) of the Trade Act of 2002 (Pub. L. 107-210), pursuant to 19 U.S.C. 2112(e)(1). U.S. G.P.O., 2004.

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1946-, Bush George W., and United States. Congress. House. Committee on Ways and Means, eds. Notification to enter into a free trade agreement with the governments of Costa Rica, El Salvador, Honduras, Guatemala, and Nicaragua: Message from the President of the United States transmitting notice of intention to enter into a free trade agreement (FTA) with the governments of Costa Rica, El Salvador, Honduras, Guatemala, and Nicaragua, in accordance with section 2105(a)(1)(A) of the Trade Act of 2002, pursuant to 19 U.S.C. 2112(e)(1). U.S. G.P.O., 2004.

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Book chapters on the topic "Section 129(1)(a)-notice"

1

"United States- Section 129(c)(1) of the Uruguay Round Agreements Act (WT/DS221): Report of the Panel." In Dispute Settlement Reports 2002. Cambridge University Press, 2005. http://dx.doi.org/10.1017/9781108379106.001.

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Fernando, Imali. "Assessing the Competitiveness of Sri Lanka's Tourism in the COVID Period by Porter's Diamond Model." In Handbook of Research on Strategies and Interventions to Mitigate COVID-19 Impact on SMEs. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-7436-2.ch001.

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Tourism, one of the foremost services in the global economy, is a multi-complex system with travel, food, accommodation, leisure, and events. Tourism competitiveness is diverse, where each destination is enriched with unique resource endowments and strategies to enlighten. Within this notion, the COVID-19 pandemic is an external shock affecting global economies. This chapter applies Porter's diamond model to the tourism sector in Sri Lanka to enhance the competitiveness within the COVID-19 pandemic. A study sample has been derived by prioritizing locked-down areas due to COVID-19 by targeting key stakeholders. Within the light of scholarly works-based diamond model, six facets have been qualitatively discussed. As findings, stakeholders' vulnerability to external shocks is highlighted as the most vital facet. Main recommendations include (1) minimizing economic leakages, (2) destination re-branding, (3) product differentiations, (4) entrepreneurship development, (5) domestic eco-friendly travels, (6) special interest tourism (SIT), and (7) e-promotions.
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Bahuguna, P. C., and P. Kumari. "Strategic Human Resource Management & Organizational Performance." In Advances in Business Information Systems and Analytics. IGI Global, 2010. http://dx.doi.org/10.4018/978-1-60566-996-0.ch011.

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The discipline of human resource management has progressed significantly over a period of time. Today it is being considered as the most critical source of competitive advantage to the firm. It has progressed to a strategic business partner. Various approaches and models of strategic human resource management have been developed within the framework of strategic human resource management. Like many theories of organization, none are complete. Rather being right or wrong each approach points to different aspect of the process needed to develop effective strategic human resource functions. The issue of fitting HR practices to business strategy has become increasingly relevant over few years. Therefore in the present study we have made efforts to highlight various issues which are relevant to the strategic HRM in the changing scenario of business environment. The present chapter has been divided into five sections. In the first part, the changes occurring in the business environment and its implications for human resource functionaries have been discussed. In the second section we have highlighted the changing role of human resource management. Historical background of strategic human resource management, its role in addressing the challenges of changing business scenario and determinants of strategic fit have also been presented in the second section. In the third section issues regarding the relationship of strategic human resource management with business performance have been discussed. In the fourth section we have made efforts to bring into notice those emerging future trends which might become key issues for high performance in the organization of new era. At last conclusions have been drawn that what needs to be done on the part of the HR functionaries and the organization itself to enhance the strategic fit between the various HR practices and the overall organizational strategic plan.
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Mališ, Sanja Sever, and Ivana Mamic Sačer. "The Impact of COVID-19 on the Business Performance and Financial Position in Hotel Industry." In Handbook of Research on the Impacts and Implications of COVID-19 on the Tourism Industry. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-8231-2.ch001.

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The hotel industry, among others, has been affected by the COVID-19 pandemic. The effect of the pandemic can be noticed through financial statements. The aim of the chapter is to analyse how the COVID-19 pandemic has affected the financial position and business performance of the hotels in a tourism-oriented country such is Croatia. The chapter covers the basic information of tourism and the features of the hotel industry in Croatia. The authors represent the sets of national recommendations for dealing with the pandemic in the tourism sector that are enriched with available macroeconomic statistical data. Further, the analysis of financial statements of the five selected hotels is presented. The analysis was done in order to provide comparative analysis of financial results in the pandemic environment (2020) and the previous year (2019). Based on the calculated liquidity, solvency, activity, economy, and profitability ratios, the authors conclude that all the mentioned ratios worsened in 2020 for all the observed hotels.
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Silva, Susana, and Paulo Carvalho. "Rediscovering the Rural as a Tourist Destination in Pandemic Times." In Handbook of Research on the Impacts and Implications of COVID-19 on the Tourism Industry. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-8231-2.ch033.

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The COVID-19 pandemic has impacted the global tourism sector in an unprecedented manner. After the relaxation of lockdown measures, there was an expectation about the chosen tourist environments and how rural tourism would be positioned. This chapter starts from a theoretical framework on rural tourism in Portugal and analyses how this segment has been impacted by COVID-19 from a quantitative perspective and the choices of summer season environments by Portuguese tourists through a questionnaire survey applied to almost 700 Portuguese tourists. The results show that demand increased and that rural environments strengthened their position relative to pre-COVID-19 planning. This was mainly motivated by the notion of safety conveyed thanks to low population density which leads to the perception that rural areas offer a lower risk of transmission. This information provides a relevant support tool for rural territories, since they now have an opportunity to be creative, to re-invent themselves, and to promote a more sustainable tourism.
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Spencer, Maureen, and John Spencer. "9. Opinion evidence." In Evidence Concentrate. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198803867.003.0009.

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This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.
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Spencer, Maureen, and John Spencer. "9. Opinion evidence." In Evidence Concentrate. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198840633.003.0009.

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This chapter, which focuses on opinion evidence in criminal and civil cases in the UK, explains the rule on the admissibility of opinion, including expert opinion, as well as notice and disclosure in criminal cases under the Criminal Procedure Rules 2014. The criteria for the admissibility of expert evidence, the responsibilities of expert witnesses, and the approach of the courts to new areas of expertise are examined in detail. It also considers the presentation of expert evidence, including the use of court-appointed experts, in civil cases under the Civil Procedure Rules, and, finally, examines the ultimate issue rule, which has been abolished by section 33(1) of the Civil Evidence Act 1972.
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Bagwell, Kyle, and Petros C. Mavroidis. "United States – Section 129(c)(1) of the Uruguay Round Agreements Act (WTO Doc. WT/DS22/R of 15 July 2002): Beating Around (The) Bush." In The WTO Case Law of 2002. Cambridge University Press, 2005. http://dx.doi.org/10.1017/cbo9780511754456.004.

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"did not intend to legislate contrary to the ECHR. Therefore, if during the course of statutory interpretation there were two possible interpretations, one in conformity with the Convention and one not in conformity with the Convention, the interpretation in conformity with the Convention should be preferred. The House of Lords, however, was careful to stress that it should not be assumed that such an interpretation must be applied. Judicial discretion remained. 5.4.3.2 Human Rights Act 1998 The relationship between the UK and the ECHR was changed in 1998 with the incorporation of the majority of the rights in the ECHR into English law. The enforcement procedures and processes in the Convention were not incorporatedonly the majority of rights and this is potentially a problem. For example, Article 13 of the ECHR places a duty on every Member State to provide an effective remedy in national courts for infringement of the Convention. This has not been incorporated. The HRA 1998 was enacted with an ‘in force’ date for the majority of its sections of October 2000. UK citizens can now bring actions under the ECHR in English courts under domestic law. The Act sets out the Convention rights incorporated into the English legal system in Schedule 1. Consider the text of s 1, set out in Figure 5.8, below, and note the process used to lay out what is and what is not included in the Act. The long title of the Act gives an indication of the purpose of the Act. The two rights not referred to relate to Article 2: Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law… and to Article 13 which requires every State to ensure that there are appropriate and effective remedies in the national courts. At the level of the ECtHR, the procedure for bringing an action is generally as follows." In Legal Method and Reasoning. Routledge-Cavendish, 2012. http://dx.doi.org/10.4324/9781843145103-109.

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James E, Castello. "Part III Arbitral Rules, 17 The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules." In Practitioner's Handbook on International Commercial Arbitration. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198784807.003.0017.

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This chapter discusses the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL), an institution tasked with harmonizing national laws and international commercial legal practices on a wide range of trade-related issues, from dispute resolution to international contract practices, international payments, secured transactions, procurement, and sale of goods. The chapter first provides background on the history of UNCITRAL before describing the initial adoption of the UNCITRAL Arbitration Rules, the Rules’ subsequent revision, and finally the creation of rules on transparency designed to supplement the Arbitration Rules in treaty-based investor-state arbitrations. The chapter concludes with its principal section: a Commentary on Articles 1–43 of the 2010 UNCITRAL Arbitration Rules, which covers topics ranging from scope of application of the Rules to notice of arbitration; designation of appointment authorities; composition of the arbitral tribunal; arbitral proceedings, including the appointment of experts by the arbitral tribunal; and decisions with regard to arbitral awards.
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Conference papers on the topic "Section 129(1)(a)-notice"

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Choi, Sung Pyo, and Nam Ha Kim. "Application Experiences of ASME Section III Code in Korea." In ASME/JSME 2004 Pressure Vessels and Piping Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/pvp2004-2702.

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ASME Section III has been the most important Code for the design and construction of nuclear components for over 30 years in Korea. During that time, some difficulties have been recognized in compliance with the Code due to the differences in industrial practices and regulatory system between Korea and the U.S. In case of NCA (General Requirements for Division 1 and 2), the administrative and procedural requirements have been applied as modified to suit domestic industry practices. For technical aspects, supplemental requirements have been added to ASME Code in order to satisfy regulatory guides. Preheating and PWHT requirements of ASME Section III are slightly different from those of ASME B 31.1. The differences are discussed in this presentation. With the issuance of MOST (Ministry of Science &amp; Technology) notice 96-32 in 1996 regarding KEPIC (Korea Electric Power Industry Code) application, KEPIC MN has been used in selected documents instead of ASME Sec. III. Ulchin 5&amp;6 is the first project that applied to KEPIC. The application of KEPIC - MN has been gradually expanding to the subsequent nuclear projects. For consistent use of KEPIC, some measures for foreign vendors’ application of KEPIC should be considered.
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Sullivan, Edmund J., and Michael T. Anderson. "Implementation of ASME Code, Section XI, Code Case N-770, on Alternative Examination Requirements for Class 1 Butt Welds Fabricated With Alloy 82/182." In ASME 2011 Pressure Vessels and Piping Conference. ASMEDC, 2011. http://dx.doi.org/10.1115/pvp2011-58041.

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In May 2010, the U.S. Nuclear Regulatory Commission (NRC) issued a proposed notice of rulemaking (75 FR 24324) [1] that includes a new section to its rules to require licensees to implement ASME Code Case N–770, “Alternative Examination Requirements and Acceptance Standards for Class 1 PWR Piping and Vessel Nozzle Butt Welds Fabricated with UNS N06082 or UNS W86182 Weld Filler Material With or Without the Application of Listed Mitigation Activities, Section XI, Division 1,” [2] with 15 conditions. Code Case N-770 contains baseline and inservice inspection (ISI) requirements for unmitigated Alloy 82/182 butt welds and preservice and ISI requirements for mitigated Alloy 82/182 butt welds. The NRC stated that application of ASME Code Case N-770 is necessary because the inspections currently required by the ASME Code, Section XI, were not written to address stress corrosion cracking of Alloy 82/182 butt welds, and the safety consequences of inadequate inspections can be significant. The NRC expects to issue the final rule incorporating this Code Case into its regulations toward the middle of 2011. This paper discusses the new examination requirements, the conditions that NRC proposed to impose, and potential areas of concern with implementation of the new Code Case.
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Guan, Cindy, Brian Rothwell, Joe Kondo, Masahiko Murata, and Keith Armstrong. "Full Scale Burst Validation Tests for Crack Arrestor Designs for NPS 48 Grade 550 Rich Gas Pipeline." In 2016 11th International Pipeline Conference. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/ipc2016-64112.

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Two full scale burst tests for the assessment of different crack arrestor designs were carried out on the pipes that will be used in the Coastal GasLink (CGL) Pipeline project. The tests supported by LNG Canada and TransCanada Technology Management Program were conducted at the Spadeadam test site of DNV GL, United Kingdom (UK), on 1219 mm (48 inch) outside diameter CSA Z245.1 Category II Grade 550 pipe at a nominal pressure of 13.38 MPa (1,940 psig) with 80% SMYS and temperature of −5°C, and with a gas representative of the richest gas envisaged for transport in the CGL pipeline project. The reservoirs are spaced with a gap between the reservoir ends of approximately 130 m, where the test section, comprising eleven pipe lengths and a tie-in pup, was installed. The centre of the test section consisted of an 18.5 mm thick low toughness initiation pipe. The remaining pipes were referenced as 1E to 5E in the easterly direction and similarly 1W to 5W in the westerly direction. The propagation pipes (1E and 1W) with 18.5 mm wall thickness, used to establish steady-state propagation, were located immediately either side of the central initiation pipe. For the first test, two crack arrestor pipes with 29.6 mm wall thickness were installed adjacent to the propagation pipes in the west and east directions, with a lead-in transition of 18.5 mm wall thickness for a distance of 130 mm then a 4:1 taper running back to the full pipe wall thickness. To the east, the first crack arrestor pipe had an average Charpy Vee-notch (CVN) energy of 246 J and to the west it had an average CVN energy of 341 J at the inboard end. In both directions, the fracture propagated from the initiation pipe, through the propagation pipes (1E/1W) before arresting in the first 29.6 mm thick crack arrestor pipes (2E/2W). In both directions, the arrest resulted in the fracture turning at the toe of the tapered transition on the front end of crack arrestor pipes 2E and 2W. The pipe arrangement for the second test was similar to the first one. In the east direction, in order to optimize crack arrestor design, two 24.7 mm wall thickness pipes replaced the 29.6 mm pipes which were used in the first test. In the west direction, the test section contained four 18.5 mm wall thickness test pipes arranged with a progressively increasing Charpy energy, up to 452 J. A low toughness, 18.5 mm thick pipe (5W), with a 1.8 m long Clock Spring® crack arrestor completed the test section. To the east, the fracture propagated from the initiation pipe through pipe 1E before arresting near the inboard end of the crack arrestor pipe 2E. In the west direction, the fracture was observed to run through all four of the pipes arranged with increasing CVN energy, before being arrested by the Clock Spring® crack arrestor fitted to the fifth pipe.
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Pesetti, Alessio, Mariano Tarantino, and Nicola Forgione. "Test Section Design for SGTR Experimental Investigation in CIRCE Facility for HLMRS Supported by SIMMER-III Code." In 2016 24th International Conference on Nuclear Engineering. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/icone24-60716.

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In the framework of MAXSIMA project, the design of a large-scale Test Section (TS), aiming to experimentally investigate the Steam Generator Tube Rupture (SGTR) postulated event in a relevant configuration for Gen IV MYRRHA reactor, was carried out. The TS will be implemented in the large pool CIRCE facility, at ENEA CR Brasimone. The TS is composed of four tube bundles representing a full scale portion of the Primary Heat eXchanger (PHX) of MYRRHA plant. They allow the execution of four SGTR tests, one at a time, excluding the necessity to extract the TS from the facility after each test. Water is foreseen to be injected at 16 bar and 200°C in the pool, partially filled by LBE at 350°C with a cover gas of argon at about 1 bar. The pressurization transients of CIRCE vessel and the sizing of the discharge lines and relative rupture disks were numerically predicted by SIMMER-III code on the base of a preliminary simplified configuration of the TS. The obtained results showed that the design pressure of CIRCE main vessel was not reached during more than 10 s of water injection, implementing a singular rupture disk having a diameter of 2 inch activated at 6.5 bar. It appears more than enough to notice, in a real reactor, the occurrence of the SGTR event and stop the water supply, interrupting the accidental scenario. These numerical results were adopted to support the design of the presented TS.
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Fo¨llmer, Bernhard, and Armin Schnettler. "A Main Steam Safety Valve (MSSV) With “Fixed Blowdown” According to ASME Section III, Part NC-7512." In 10th International Conference on Nuclear Engineering. ASMEDC, 2002. http://dx.doi.org/10.1115/icone10-22521.

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In 1986, the NRC issued the Information Notice (IN) 86-05 “Main Steam Safety Valve test failures and ring setting adjustments”. Shortly after this IN was issued, the Code was revised to require that a full flow test has to be performed on each CL.2 MSSV by the manufacturer to verify that the valve was adjusted so that it would reach full lift and thus full relieving capacity and would reclose at a pressure as specified in the valve Design Specification. In response to the concern discussed in the IN, the Westinghouse Owners Group (WOG) performed extensive full flow testing on PWR MSSVs and found that each valve required a unique setting of a combination of two rings in order to achieve full lift at accumulation of 3% and reclosing at a blowdown of 5%. The Bopp &amp; Reuther MSSV type SiZ 2507 has a “fixed blowdown” i.e. without any adjusting rings to adjust the “blowdown” so that the blowdown is “fixed”. More than 1000 pieces of this type are successfully in nuclear power plants in operation. Many of them since about 25 years. Therefore it can be considered as a proven design. It is new that an optimization of this MSSV type SiZ 2507 fulfill the requirements of part NC-7512 of the ASME Section III although there are still no adjusting rings in the flow part. In 2000, for the Qinshan Candu unit 1&amp;2 full flow tests were performed with 32 MSSV type SiZ 2507 size 8” × 12” at 51 bar saturated steam in only 6 days. In all tests the functional performance was very stable. It was demonstrated by recording the signals lift and system pressure that all valves had acceptable results to achieve full lift at accumulation of 3% and to reclose at blowdown of 5% . This is an advantage which gives a reduction in cost for flow tests and which gives more reliability after maintenance work during outage compared to the common MSSV design with an individual required setting of the combination of the two rings. The design of the type SiZ 2507 without any adjusting rings in the flow path is presented. The stable performance depends on the interaction of flow force and spring force. The optimization of the flow path to create a suitable flow-force-curve was managed by Computational Fluid Dynamics (CFD) and flow-force-characteristic-measurements at a model 1: 2.5 ! The method of the flow-force-characteristic-measurement permits systematic dimensioning of valve spring forces by means of measurement of the fluid mechanical forces occurring on the valve spindle during flow [1], [2]. A special procedure was established to verify a spring force versus lift curve with an accuracy of 1% for each production valve. This gives high reliability at required stable performance and this can not be influenced by wrong setting of any adjusting ring during maintenance work.
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Rigo, H. Gregor. "Dancing the Emissions Limitation Limbo: How Low Dare You Go?" In 10th Annual North American Waste-to-Energy Conference. ASMEDC, 2002. http://dx.doi.org/10.1115/nawtec10-1022.

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After promulgation of the New Source Performance Standards (NSPS) and Emissions Guidelines (EG) for Large and Small Municipal Waste Combustors (MWCs), the Environmental Protection Agency (EPA) entered a new regulatory arena – regulating the remaining risks to public health and the environment after Maximum Available Control Technology (MACT) is applied. The residual risk from MWCs is expected to be negligible; however, the public, and some state and local regulators are now looking for ways to assure continuation of the exemplary emissions performance being measured at many of these retrofit sources. Hence, the question now becomes: how low can an achievable emissions limitation be? Confidence should not be placed in a source’s ability to continually meet the low emissions limitations embodied in the MWC EGs and NSPSs. Contrary to assertions in the Response to Comments for the Small MWC regulations [1], the Environmental Protection Agency could not have properly considered and incorporated measurement uncertainty into its dioxin guidelines; no one knew the uncertainty of total dioxin measurements above 28 ng/dsm3 corrected to 7 percent O2 until 2001 when the work supporting this paper was performed. When the 13 ng/dsm3 corrected to 7 percent O2 NSPS for MWCs was developed, the data needed to determine measurement uncertainty of most Section 129 pollutants had not even been collected. Further, asserting that the data used to derive the NSPS emissions limitations include measurement error, and therefore, any data-derived emissions limitations inherently consider that error, is only true if the measurement error is much smaller (say less than 10 percent) than the short and long term variations in emissions performance. Beginning with a set of three total dioxin measurements that averaged 4 ng/dsm3 corrected to 7 percent O2, the emissions limitation meeting the 95 percent statistical confidence level criterion underlying many NSPS, is almost 15 ng/dsm3 corrected to 7 percent O2. If the statistical criterion is changed to inclusion of “almost all” the expected results when these facilities continue to emit as they did during the original data acquisition, the emissions limitation becomes almost 18 ng/dsm3 corrected to 7 percent O2. Consequently, sources must not agree to standards that do not properly consider measurement method precision if they want to avoid exceedances when everything is working properly.
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Nagar, Arvind. "Fatigue Damage at Open Holes in Laminated Composite Under Thermo Mechanical Loads." In ASME 2002 Engineering Technology Conference on Energy. ASMEDC, 2002. http://dx.doi.org/10.1115/etce2002/cmda-29080.

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The high temperature composites have been studied for applications to secondary structures due to their light weight and thermal resistance. Relatively few studies have been conducted to consider them for primary structural load bearing capabilities. These studies focused on titanium matrix composites to characterize their material behavior [1], unidirectional [2], simple loading conditions [3, 4] in a laboratory environment or unrealistic structural geometry [5]. The purpose of this work was to study fatigue damage and determine fatigue life in titanium matrix composite panels at unloaded fastener holes subjected to thermo-mechanical fatigue loads with variable amplitudes and temperature ranges. The test panels were machined from a prefabricated structural component with pre-drilled fastener holes. The test material was a 32 ply, quasi-isotropic, approximately .224 inch thick titanium matrix laminated composite with SCS-6 fibers and Ti-15-3 metal matrix. The material was HIP consolidated followed by slow cool to room temperature. The thermal zone area was 2 inches long along specimen length and 1.875 inch wide with a .3125 inch fastener hole at the center of the thermal zone. All specimens were machined using a 3-D water jet cutter. The test system consisted of a closed loop servo-hydraulic 30 Kip test system equipped with an MTS model 458 control system, a 486 PC containing a Keithley Metrabyte DAS 1601 computer card. The specimens were gripped using MTS model 647 side load hydraulic wedge grips equipped with surfalloy grip surface. The thermal loads were provided by an Ameritherm 5 kilowatt induction power supply and a total temperature instrumentation model MC-125 temperature controller. The temperature controller was equipped with analog set point and recorder output of temperatures with both set for 1–5 volt signal levels for 0 to 1832 F. The computer generated the temperature and load profiles and monitored error band for temperature. The computer system was set to null pace the temperature and loads if the temperature exceeded a 18 degree F variation. In effect all processes would hold until the temperature error returned inside the error band. This temperature error control was accomplished by comparing the command signal to the temperature controller to the process temperature signal from the temperature controller. The nominal uniform temperature zone was one inch long centered at the specimen geometric center and maintained required temperatures within 10 degrees. The variations in temperatures along the crack line were controlled to with in 5 degrees. Cooling blocks were attached to the test samples at the end of uniform sections near the fillet blend. These blocks were cooled with water passages and compressed air was passed through holes in the blocks and impinged on the samples to provide additional cooling at the end of the thermal ramp during cool -down. The air was turned on by the computer at about 400 degrees F during each block. On all notched test samples, an extensometer was mounted across the center flaw to obtain load-deflection data (COD). The optical crack lenth measurements were made using a 20 X Gaertner traveling microscope. The load versus crack mouth opening displacement readings were taken to compare with the optical measurements of the crack length. The thermomechanical load spectrum was developed from the distribution and frequency of loading that the airframe will experience based on the design service life and typical design usage. The loads and environmental spectra are used to develop design flight by flight stress environment spectra. The data and failure surfaces were analyzed to study the high stress and low stress failure, environmental degradations, surface cracks in matrix and the effect of notch on crack initiation failure mechanism. During this investigation it was observed that the most difficult task in thermomechanical fatigue testing is to control the cooling rate as required by the thermal profile. The results show that the fatigue life depend on the applied maximum stress, increased temperatures and hold levels of both the loads and the temperatures. The variation in experimental fatigue life is with in the order of magnitude typical of fatigue data considering the complexity of the test and loading conditions. The SEM photographs and micrographs showed that in titanium matrix composite, the mode of cracking is under partial bridging of fibers at the matrix crack. The COD data was of little use for totally automated measurements when comparing with the crack sizes measured.
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Reports on the topic "Section 129(1)(a)-notice"

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Financial Stability Report - Second Semester of 2020. Banco de la República de Colombia, 2021. http://dx.doi.org/10.32468/rept-estab-fin.sem2.eng-2020.

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The Colombian financial system has not suffered major structural disruptions during these months of deep economic contraction and has continued to carry out its basic functions as usual, thus facilitating the economy's response to extreme conditions. This is the result of the soundness of financial institutions at the beginning of the crisis, which was reflected in high liquidity and capital adequacy indicators as well as in the timely response of various authorities. Banco de la República lowered its policy interest rates 250 points to 1.75%, the lowest level since the creation of the new independent bank in 1991, and provided ample temporary and permanent liquidity in both pesos and foreign currency. The Office of the Financial Superintendent of Colombia, in turn, adopted prudential measures to facilitate changes in the conditions for loans in effect and temporary rules for rating and loan-loss provisions. Finally, the national government expanded the transfers as well as the guaranteed credit programs for the economy. The supply of real credit (i.e. discounting inflation) in the economy is 4% higher today than it was 12 months ago with especially marked growth in the housing (5.6%) and commercial (4.7%) loan portfolios (2.3% in consumer and -0.1% in microloans), but there have been significant changes over time. During the first few months of the quarantine, firms increased their demands for liquidity sharply while consumers reduced theirs. Since then, the growth of credit to firms has tended to slow down, while consumer and housing credit has grown. The financial system has responded satisfactorily to the changes in the respective demands of each group or sector and loans may grow at high rates in 2021 if GDP grows at rates close to 4.6% as the technical staff at the Bank expects; but the forecasts are highly uncertain. After the strict quarantine implemented by authorities in Colombia, the turmoil seen in March and early April, which was evident in the sudden reddening of macroeconomic variables on the risk heatmap in Graph A,[1] and the drop in crude oil and coal prices (note the high volatility registered in market risk for the region on Graph A) the local financial markets stabilized relatively quickly. Banco de la República’s credible and sustained policy response played a decisive role in this stabilization in terms of liquidity provision through a sharp expansion of repo operations (and changes in amounts, terms, counterparties, and eligible instruments), the purchases of public and private debt, and the reduction in bank reserve requirements. In this respect, there is now abundant aggregate liquidity and significant improvements in the liquidity position of investment funds. In this context, the main vulnerability factor for financial stability in the short term is still the high degree of uncertainty surrounding loan quality. First, the future trajectory of the number of people infected and deceased by the virus and the possible need for additional health measures is uncertain. For that reason, there is also uncertainty about the path for economic recovery in the short and medium term. Second, the degree to which the current shock will be reflected in loan quality once the risk materializes in banks’ financial statements is uncertain. For the time being, the credit risk heatmap (Graph B) indicates that non-performing and risky loans have not shown major deterioration, but past experience indicates that periods of sharp economic slowdown eventually tend to coincide with rises in non-performing loans: the calculations included in this report suggest that the impact of the recession on credit quality could be significant in the short term. This is particularly worrying since the profitability of credit establishments has been declining in recent months, and this could affect their ability to provide credit to the real sector of the economy. In order to adopt a forward-looking approach to this vulnerability, this Report presents several stress tests that evaluate the resilience of the liquidity and capital adequacy of credit institutions and investment funds in the event of a hypothetical scenario that seeks to simulate an extreme version of current macroeconomic conditions. The results suggest that even though there could be strong impacts on the credit institutions’ volume of credit and profitability under such scenarios, aggregate indicators of total and core capital adequacy will probably remain at levels that are above the regulatory limits over the horizon of a year. At the same time, the exercises highlight the high capacity of the system's liquidity to face adverse scenarios. In compliance with its constitutional objectives and in coordination with the financial system's security network, Banco de la República will continue to closely monitor the outlook for financial stability at this juncture and will make the decisions that are necessary to ensure the proper functioning of the economy, facilitate the flow of sufficient credit and liquidity resources, and further the smooth operation of the payment systems. Juan José Echavarría Governor
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