Non-Agricultural Employment H-2B Program; Delay of Effective Date; Impact on Prevailing Wage Determinations, 76 Fed. Reg. 82116-01 (Dec. 30, 2011); Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date, 76 Fed. Reg. 73508-01 (Nov. 29, 2011); Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Postponement of Effective Date, 76 Fed. Reg. 59896-01 (Sept. 28, 2011). 15 . Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program; Delay of Effective Date, 77 Fed. Reg. 60040-01 (Oct. 2, 2012). 16 . In remanding the 2008 Prevailing Wage Rule, Judge Poliak adopted the framework set out by the D.C. Circuit in Allied-Signal Inc. v. U.S. Nuclear Regulatory Comm’n., 988 F.2d 146, 150-51 (D.C.Cir.1993) (<HOLDING>). In applying Allied-Signal, Judge Poliak
holding that the court may consider collateral evidence of the circumstances surrounding the execution of the agreement in determining whether the language of the agreement is unclear and if the evidence presented is so plain that no reasonable person could hold any way but one then the court may interpret the meaning as a matter of law holding that in determining whether the district court had correctly calculated fraud loss the jurys acquittal  establishes only that there was reasonable doubt as to the defendants involvement with such conduct and the district court was still free indeed obliged to consider whether his involvement had been proved by a preponderance of the evidence holding that in determining whether to vacate regulations that violate the apa a court should consider the seriousness of the rules deficiencies and thus the extent of doubt whether the agency chose correctly and the disruptive consequences of an interim change that may itself be changed holding that the district court should consider the totality of the circumstances in determining whether the patentee acted in subjective bad faith and should consider whether circumstantial evidence would support an inference of bad faith recognizing that a court is not limited in what it may consider in determining whether parental rights should be terminated