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# POSTAL REGULATORY COMMISSION

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#   Rule Summary Page

 

# 

# Postal Regulatory Commission

###### Pursuant to 5 U.S.C. § 553 (b)(4), the Postal Regulatory Commission provides the following summary of proposed rules.
### §1141a. Repealed. Aug. 6, 1953, ch. 335, §19, 67 Stat. 400

Section, act June 15, 1929, ch. 24, §2, 46 Stat. 11; Ex. Ord. No. 6084, Mar. 27, 1943; act Oct. 15, 1949, ch. 695, §6(a), 63 Stat. 881, related to appointment, compensation, qualifications, term of office, and expenses of the Governor of the Farm Credit Administration. See section 2244 et seq. of this title.
#### § 700.51 Custodial parent.

A custodial parent is a person who has the immediate personal care, charge, and control of a minor child who resides in his/her household, or a person who fills the parental role but who is not necessarily blood-related.
# C_2007056EN.01003401.xml

| 10.3.2007 | EN | Official Journal of the European Union | C 56/34 |
| --- | --- | --- | --- |

10.3.2007

EN

Official Journal of the European Union

C 56/34

---

Action brought on 2 January 2007 — Galderma v OHIM — Lelas (Nanolat)

(Case T-6/07)

(2007/C 56/64)

Language in which the application was lodged: German

Parties

Applicant: Galderma SA (Cham, Switzerland) (represented by N. Hebeis, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Tihomir Lelas

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | annul the decision of the Fourth Board of Appeal of 25 October 2006 in Case R 0146/2006-4 in so far as the opposition against the goods ‘Pharmaceuticals; pharmaceutical and veterinary products and preparations for health care; soaps; cosmetics and hair lotions’ was rejected; |
| --- | --- |

—

annul the decision of the Fourth Board of Appeal of 25 October 2006 in Case R 0146/2006-4 in so far as the opposition against the goods ‘Pharmaceuticals; pharmaceutical and veterinary products and preparations for health care; soaps; cosmetics and hair lotions’ was rejected;

| — | refuse Community trade mark application 003088986 NANOLAT for the goods mentioned above; |
| --- | --- |

—

refuse Community trade mark application 003088986 NANOLAT for the goods mentioned above;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Tihomir Lelas

Applicant for a Community trade mark:

Community trade mark concerned: Word mark Nanolat for goods in Classes 1, 3 and 5 (application No 3 088 986)

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: German word mark TANNOLACT for goods in Class 5

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition rejected

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94, (1) as there is a likelihood of confusion between the opposing marks

Pleas in law:

1

---

(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ L 11, 1994, p. 1).

1

---
Pension Benefit Guaranty Corporation 

76-16 

February 5, 1976 

REFERENCE: 

 [*1] 4001(a)(1) Definitions. Administrator

4041(a) Termination by Plan Administrator. Filing of Notice of Intent to Terminate 

OPINION: 

 The Pension Benefit Guaranty Corporation ("PBGC") has determined that the Board of Administration created by

Section VIII of the * * * Corporation Union Hourly Rated Pension Plan - * * * (the "Plan") is the plan administrator as

that term is defined in * * *. § 4001(a)(1) of the Employee Retirement Income Security Act of 1974 ("ERISA" or the

"Act"), 29 U.S.C. § 1301(a)(1). Under § 4041(a) of the Act, 29 U.S.C. § 1341(a), a notice of intent to terminate a

pension plan covered by the termination insurance provisions of ERISA must be filed with the PBGC by the plan

administrator. On May 20, 1975, the * * * Corporation sent the PBGC a notice of its intent to terminate the Plan, which

was signed by one member of the Plan Board of Administration. 

We have reviewed the material you have submitted to us, and have determined that a majority of the Board of * *

*. Administration did not, authorize the filing of the notice of intent to terminate the Plan. Since the notice was not filed

by the plan administrator, it is not valid under § 4041(a), 29 U.S.C. § 1341(a).On [*2] the basis of the facts before the

PBGC concerning the current status of the Plan, the PBGC is now determining whether it should petition to terminate

the Plan involuntarily, under § 4042(a) of the Act, 29 U.S.C. § 1342(a). 

Henry Rose 

General Counsel
**Exhibit
      32.2**








**Certification
      Pursuant to**


**18
      U.S.C. Section 1350,**


**As
      Adopted Pursuant To**


**Section
      906 of the Sarbanes-Oxley Act of 2002**





In
      connection with the accompanying Form 10-K of Glimcher Realty Trust (the
“Company”) for the period ended December 31, 2005, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Mark E. Yale,
      Senior Vice President, Chief Financial Officer and Treasurer (Principal
      Accounting and Financial Officer) of the Company, certify, to the best of my
      knowledge, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
      Sarbanes-Oxley Act of 2002, that:








1.
            The
                Report fully complies with the requirements of Section 13(a) or 15(d)
                of
                the Securities Exchange Act of 1934;
                and





2.
            The
                information contained in the Report fairly presents, in all material
                respects, the financial condition and results of operations of the
                Company.











Date:
              February 22, 2006
            /s/
                Mark E. Yale


Mark
      E.
      Yale


Senior
      Vice President,


Chief
      Financial Officer and Treasurer


(Principal
      Accounting and Financial Officer)








A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging, or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to Glimcher Realty Trust and will be retained
      by Glimcher Realty Trust and furnished to the Securities and Exchange Commission
      or its staff upon request.
### §2275a. Transition rules relating to amendment of certain FCA approval authorities

#### (a) In general

Any approvals granted by the Farm Credit Administration before January 6, 1988, shall remain in effect on and after such date.

#### (b) Authority to issue regulations

#### (1) In general

Any approval authority of the Farm Credit Administration that, under the amendments made by section 802 of the Agricultural Credit Act of 1987, became an authority to issue regulations may be exercised only until the earlier of the date the Farm Credit Administration issues final regulations under such authority, or 1 year after January 6, 1988.

#### (2) Enforcement actions

At the close of the 1-year period referred to in paragraph (1), the Farm Credit Administration shall not take any enforcement action against any System institution with respect to any provision so amended, until the Farm Credit Administration issues final regulations under such provision.

#### (c) Effect of section

This section shall not affect the authority of the Farm Credit Administration to exercise any other approval authority either on a case-by-case basis or through regulation, as provided in section 2252(a)(5) of this title.

(Pub. L. 92–181, title V, §5.45, as added Pub. L. 100–233, title VIII, §802(w), Jan. 6, 1988, 101 Stat. 1713.)

#### **Editorial Notes**

#### References in Text

The amendments made by section 802 of the Agricultural Credit Act of 1987, referred to in subsec. (b)(1), are the amendments made by section 802 of Pub. L. 100–233, title VIII, Jan. 6, 1988, 101 Stat. 1710, which enacted section 2275a of this title and amended sections 2011 to 2013, 2017, 2031, 2051, 2052, 2071 to 2073, 2077, 2091, 2121, 2122, 2124, 2126, 2130, 2132, 2212, 2213, 2223, and 2252 of this title. For complete classification of section 802 to the Code, see Tables.
rsg_ex41.htm


    
       

      Exhibit
4.1

       

      
        	
                Certificate
      Number_____

              	 	
                Shares_______

              


      

      


      The Resourcing Solutions Group,
Inc.

      Incorporated
in the State of Nevada

      


            CUSIP
76123F 30 6

      


      This
certifies that_____________________________________ is the owner
of_______________________ Fully Paid Non-assessable Shares of the Common Stock
No Par Value of THE RESOURCING SOLUTIONS GROUP, INC. Transferable on the books
of he Corporation by the holder hereof in person, or by duly authorized attorney
upon surrender of this Certificate properly endorsed. This Certificate is not
valid until countersigned by the Transfer Agent and registered by the Registrar
and witness the facsimile signature of its duly authorized
officers.

      


      Dated______

      


      [Corporate
Seal]

       

      
        	
                ___________________

              	
                _______________________

              


      

      
        	
                Secretary

              	
                President

              


      

      


      COUNTERSIGNED
AND REGISTERED

      PacWest
Transfer, LLC

      360 Main
Street.

      PO Box
393

      Washington,
VA 22747

      


      By:___________________________________
#### § 67.12 Exhaustion of administrative remedies.

The decision of the Area Director on appeal, which shall be final for the Department, is subject to judicial review under 5 U.S.C. 704.
§ 9032.2 Candidate. *Candidate* means an individual who seeks nomination for election to the office of President of the United States. An individual is considered to seek nomination for election if he or she— ( a ) Takes the action necessary under the law of a State to qualify for a caucus, convention, primary election or run-off election;
( b ) Receives contributions or incurs qualified campaign expenses;
( c ) Gives consent to any other person to receive contributions or to incur qualified campaign expenses on his or her behalf; or
( d ) Receives written notification from the Commission that any other person is receiving contributions or making expenditures on the individual's behalf and fails to disavow that activity in writing to the Commission within 30 calendar days after receipt of notification.
[56 FR 35929, July 29, 1991, as amended at 89 FR 220, Jan. 2, 2024]
### §4. Deputy Comptrollers

The Secretary of the Treasury shall appoint no more than four Deputy Comptrollers of the Currency, one of whom shall be designated First Deputy Comptroller of the Currency, and shall fix their salaries. Each Deputy Comptroller shall take the oath of office and shall perform such duties as the Comptroller shall direct. During a vacancy in the office or during the absence or disability of the Comptroller, each Deputy Comptroller shall possess the power and perform the duties attached by law to the office of the Comptroller under such order of succession following the First Deputy Comptroller as the Comptroller shall direct.

(R.S. §327; Mar. 4, 1923, ch. 252, §209(b), 42 Stat. 1467; Pub. L. 86–251, §1(a), Sept. 9, 1959, 73 Stat. 487; Pub. L. 92–310, title II, §223(b), June 6, 1972, 86 Stat. 206.)

#### **Editorial Notes**

#### Codification

R.S. §327 derived from act June 3, 1864, ch. 106, §1, 13 Stat. 99, which was the National Bank Act. See section 38 of this title.

R.S. §327, contained after the word "Secretary" the following "who shall be entitled to a salary of two thousand five hundred dollars a year, and" which was omitted from this section on authority of act Mar. 4, 1923, §209(b), fourth sentence, which was classified to section 9a of this title and regulated the salaries of deputy comptrollers.

#### Amendments

1972—Pub. L. 92–310 struck out provisions which required each Deputy Comptroller to give a bond in the sum of $100,000.

1959—Pub. L. 86–251 provided for the appointment of four Deputy Comptrollers instead of one, the designation of one as the First Deputy, the fixing of salaries, increase in surety bond requirement from $50,000 to $100,000 and order of succession.

#### **Executive Documents**

#### Exception as to Transfer of Functions

Functions vested by any provision of law in Comptroller of the Currency, referred to in this section, not included in transfer of functions to Secretary of the Treasury, see note set out under section 1 of this title.
**Exhibit 23.1**

 

**Consentof Independent Registered Public Accounting Firm**

 

 

We hereby consent to theincorporation by reference in the Registration Statements on Form S-3(Nos. 333-106328 and 333-114078) and Form S-8 (Nos. 333-26797, 333-30771,333-39213, 333-39189, 333-69761, 333-69765, 333-93413, 333-93407, 333-67790,333-97891 and 333-111253) of Vital Images, Inc. of our report dated April 29,2005 relating to management’s assessment of the effectiveness of internalcontrol over financial reporting and the effectiveness of internal control overfinancial reporting, which appears in this Form 10-K/A.

 

 
| /s/  PricewaterhouseCoopers LLP |   |
|---------------------------------|--------|
| Minneapolis, Minnesota          |
| April 29, 2005             |

 

----
§ 100.131 Testing the waters. ( a ) *General exemption.* Payments made solely for the purpose of determining whether an individual should become a candidate are not expenditures. Examples of activities permissible under this exemption if they are conducted to determine whether an individual should become a candidate include, but are not limited to, conducting a poll, telephone calls, and travel. Only funds permissible under the Act may be used for such activities. The individual shall keep records of all such payments. *See* 11 CFR 101.3. If the individual subsequently becomes a candidate, the payments made are subject to the reporting requirements of the Act. Such expenditures must be reported with the first report filed by the principal campaign committee of the candidate, regardless of the date the payments were made.
( b ) *Exemption not applicable to individuals who have decided to become candidates.* This exemption does not apply to payments made for activities indicating that an individual has decided to become a candidate for a particular office or for activities relevant to conducting a campaign. Examples of activities that indicate that an individual has decided to become a candidate include, but are not limited to: ( 1 ) The individual uses general public political advertising to publicize his or her intention to campaign for Federal office.
( 2 ) The individual raises funds in excess of what could reasonably be expected to be used for exploratory activities or undertakes activities designed to amass campaign funds that would be spent after he or she becomes a candidate.
( 3 ) The individual makes or authorizes written or oral statements that refer to him or her as a candidate for a particular office.
( 4 ) The individual conducts activities in close proximity to the election or over a protracted period of time.
( 5 ) The individual has taken action to qualify for the ballot under State law.
### §1516. Presumptions concerning recognition

(a) If the decision or certificate referred to in section 1515(b) indicates that the foreign proceeding is a foreign proceeding and that the person or body is a foreign representative, the court is entitled to so presume.

(b) The court is entitled to presume that documents submitted in support of the petition for recognition are authentic, whether or not they have been legalized.

(c) In the absence of evidence to the contrary, the debtor's registered office, or habitual residence in the case of an individual, is presumed to be the center of the debtor's main interests.

(Added Pub. L. 109–8, title VIII, §801(a), Apr. 20, 2005, 119 Stat. 139.)

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as an Effective Date of 2005 Amendment note under section 101 of this title.
# C_2006326EN.01001702.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/17 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 326/17

---

Judgment of the Court (Second Chamber) of 9 November 2006 — Commission of the European Communities v Joël De Bry

(Case C-344/05 P) (1)

1

(Appeal - Official - Reporting procedure - Career development report - 2001/2002 reporting period - Rights of the defence - Article 26, second paragraph, of the Staff Regulations)

(2006/C 326/34)

Language of the case: French

Parties

Appellant: Commission of the European Communities (represented by: L. Lozano Palacios and M.H. Kraemer, Agents)

Appellant:

Other party to the proceedings: Joël De Bry (represented by: S. Orlandi, avocat)

Other party to the proceedings:

Re:

Appeal brought against the judgment of the Court of First Instance (single judge) in Case T-157/04 De Bry v Commission, setting aside the decision of 26 May 2003 drawing up the appellant's career development report for the period from 1 July 2001 to 31 December 2002.

De Bry

Commission

Operative part of the judgment

The Court:

| 1. | Annuls in part the judgment of the Court of First Instance in Case T-157/04 De Bry v Commission, in so far as it set aside the Commission decision of 26 May 2003 making definitive the career development report of Mr De Bry in respect of the period from 1 July 2001 to 31 December 2002 on the ground of a breach of the rights of the defence guaranteed by Article 26 of the Staff Regulations of Officials of the European Communities, on the ground of inconsistency between some descriptive comments and the corresponding numerical mark, as regards the criticism of failure to comply with working hours; |
| --- | --- |

1.

Annuls in part the judgment of the Court of First Instance in Case T-157/04 De Bry v Commission, in so far as it set aside the Commission decision of 26 May 2003 making definitive the career development report of Mr De Bry in respect of the period from 1 July 2001 to 31 December 2002 on the ground of a breach of the rights of the defence guaranteed by Article 26 of the Staff Regulations of Officials of the European Communities, on the ground of inconsistency between some descriptive comments and the corresponding numerical mark, as regards the criticism of failure to comply with working hours;

De Bry

Commission

| 2. | Dismisses the action; |
| --- | --- |

2.

Dismisses the action;

| 3. | Orders each party to bear its own costs in connection with the present proceedings and those incurred in the proceedings at first instance. |
| --- | --- |

3.

Orders each party to bear its own costs in connection with the present proceedings and those incurred in the proceedings at first instance.

---

(1)  OJ C 281, 12.11.2005.

1

---
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

In re Federal National Mortgage 

Association Securities, Derivative, and 

"ERISA" Litigation 

Fe era ousmg Fmance gency as 

Conservator for the Federal National 

Mortgage Association v. Raines, et al. 

Middleton 

MDL No. 1668 

Civil Case No. 07-1221 (RJL) 

ORDER 1L.-

For the reasons set forth in the Memorandum Opinion, it is thi~ day of July, 2010, 

hereby 

ORDERED that Fannie Mae's Motion to Dismiss Middleton's Shareholder 

Derivative Complaint [Civ. No. 07-1221, Dkt. #14] is GRANTED; it is further 

ORDERED that Defendant Franklin D. Raines's Motion to Dismiss Middleton's 

Shareholder Derivative Complaint [Civ. No. 07-1221, Dkt. #15] is GRANTED; it is 

further 

ORDERED that Defendant 1. Timothy Howard's Motion to Dismiss Middleton's 

Shareholder Derivative Complaint [Civ. No. 07-1221, Dkt. #18] is GRANTED; it is 

further 

ORDERED that FHFA's Motion for Approval of Voluntary Dismissal without 

Prejudice or, in the Alternative, To Stay Proceedings [Civ. No. 07-1221, Dkt. #58] is 

DENIED; it is further 

ORDERED that the Individual Defendants' Motion to Dismiss with Prejudice for 

Failure to Prosecute [Civ. No. 07-1221, Dkt. #61] is DENIED; and it is further 

ORDERED that the case is DISMISSED with prejudice as to all defendants. 

SO ORDERED. 

,