alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUMMARY: This petition proposes to correct the 14 CFR 1.1 definition of night to refer to an existent 

publication.

DETAILS: The 14 CFR 1.1 definition of night refers to twilight times as published in the American Air 

Almanac. That publication ceased in 1974. The publication is now simply called The Air Almanac as 

from that point forward it was jointly published with the British. The correction is made simply by 

striking the word American from the regulation. The title of the publication appears correctly in other 

occurrences in the regulations (e.g., 103.11, 135.247, 63 Appendix B). 

Title 14: Aeronautics and Space

PART 1—DEFINITIONS AND ABBREVIATIONS

§ 1.1 General definitions.

...

Night means the time between the end of evening civil twilight and the beginning of morning 

civil twilight, as published in the Air Almanac, converted to local time.
APPENDIX B

REVISED DRAWINGS 

DEPICTING THE 

COLD SIDE ARRANGEMENT 

PSC REF#:81030 Public Service Commission of Wisconsin

RECEIVED: 08/24/07, 10:51:33 AM
[Federal Register Volume 69, Number 216 (Tuesday, November 9, 2004)]
[Notices]
[Pages 64968-64969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24891]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[MT-070-05-1020-PH]


Notice of Public Meeting, Western Montana Resource Advisory 
Council Meeting

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of public meeting.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Federal Land Policy and Management Act 
(FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. 
Department of the Interior, Bureau of Land Management (BLM), the 
Western Montana Resource Advisory Council will meet as indicated below.

DATES: The next regular meeting of the Western Montana RAC will be held 
January 20, 2005, at the Butte Field Office, 106 N. Parkmont, Butte, 
Montana beginning at 9 a.m. The public comment period will begin at 
11:30 a.m. and the meeting is expected to adjourn at approximately 4 
p.m.
    Another meeting is planned for May 4, 2005 at the Missoula Field 
Office, 3255 Fort Missoula Road in Missoula, Montana beginning at 10 
a.m. on May 4. The public comment period will begin at 11:30 a.m. and 
the meeting is expected to adjourn at approximately 4 p.m.

FOR FURTHER INFORMATION CONTACT: For the Western Montana RAC, contact 
Marilyn Krause, Resource Advisory Council Coordinator, at the Butte 
Field Office, 106 North Parkmont, Butte, Montana 59701, telephone (406) 
533-7617.

SUPPLEMENTARY INFORMATION: The 15-member Council advises the Secretary 
of the Interior, through the Bureau of Land Management, on a variety of 
planning and management issues associated with public land management 
in western Montana. At the January 20 meeting, topics we plan to 
discuss include: big horn sheep habitat, the Butte Resource Management 
Plan travel management and proposed planning scenario, and the 
Whitetail Basin research project.
    Topics for the May 4 meeting will be determined at the January 
meeting.
    All meetings are open to the public. The public may present written 
comments to the Council. Each formal Council meeting will also have 
time allocated for hearing public comments. Depending on the number of 
persons wishing to comment and time available, the time for individual 
oral comments may be limited. Individuals who plan to

[[Page 64969]]

attend and need special assistance, such as sign language 
interpretation, or other reasonable accommodations, should contact the 
BLM as provided below.

    Dated: November 2, 2004.
Steven Hartmann,
Acting Field Manager.
[FR Doc. 04-24891 Filed 11-8-04; 8:45 am]
BILLING CODE 4310-$$-P
B.C.D. 04-7

* ’ FEB 1 1 2004

EMPLOYER STATUS DETERMINATION

Safe Handling Rail. Inc.

This is the determination ofthe Railroad Retirement Board concerning the continuing

status of Safe Handling Rail. Inc. (SHE.) (B.A. No. 2133) as an employer under the

Railroad Retirement Act (45 U.S.C. § 231, et seg.) (REA) and the Railroad

Unemployment Insurance Act (45 U.S.C. § 351, et seep) (RUIA). SHR has been an

employer under the RRA and RUIA with service creditable from December 6, 2000.

Information regarding SHR was provided by Andrew Clement, Chief Financial

Officer of SHR. According to Mr. Clement, SHR ceased operations and last

compensated its employees on October 31,2003. All fixed assets, miscellaneous

equipment and tools of SHR were left for the new operator, Morristown & Erie

Railway, Inc., d/b/a Maine Eastern Railroad (B.A. No. 2218). SHR now has no 

relationship with the railroad industry and has ceased operations entirely. Although

SHR has not yet dissolved as a business organization, it is clear that its character as a

railroad employer covered under the RRA and RUIA no longer exists inasmuch as all

ofits railroad assets were left for the new operator.

Section 202.11 ofthe Board’s regulations provides that:

The employer status of any company or person shall terminate whenever

such company or person loses any ofthe characteristics essential to the

existence of an employer status.

Based on the information set forth above, it is the determination ofthe Railroad

Retirement Board that Safe Handling Rail, Inc. ceased being an employer under the

RRA and RUIA on October 31,2003, the date on which it last compensated its

employees and ceased operations.

Michael S. Schwartz

V. M. Speakman, Jr.

erome F. Kever

BA#2133
United States Court of Appeals 

for the Fifth Circuit 

No. 20-50047 

Summary Calendar 

United States of America, 

Plaintiff—Appellee, 

versus

Timothy John Morris, 

Defendant—Appellant. 

Appeal from the United States District Court 

for the Western District of Texas 

USDC No. 7:19-CR-143-1 

Before Higginbotham, Jones, and Costa, Circuit Judges. 

Per Curiam:*

Timothy John Morris challenges his 150-month sentence for 

possession with intent to distribute five grams or more of actual 

methamphetamine. See 21 U.S.C § 841(a)(1), (b)(1)(B). According to 

Morris, the district court erred when it held him accountable for 340.2 grams 

*

 Pursuant to 5th Circuit Rule 47.5, the court has determined that this 

opinion should not be published and is not precedent except under the limited 

circumstances set forth in 5th Circuit Rule 47.5.4. 

United States Court of Appeals 

Fifth Circuit 

FILED 

September 30, 2020 

Lyle W. Cayce 

Clerk 

Case: 20-50047 Document: 00515584535 Page: 1 Date Filed: 09/30/2020
No. 20-50047 

2 

of methamphetamine actual based on statements that he made to 

investigators after his arrest. 

In determining the quantity of methamphetamine involved in the 

offense, the district court considered all of Morris’s post-Miranda1

statements and conservatively estimated an amount lower than that to which 

Morris originally admitted. See United States v. Barfield, 941 F.3d 757, 761 

(5th Cir. 2019), cert. denied, 140 S. Ct. 1282 (2020); U.S.S.G. § 2D1.1 & cmt. 

(n.5). Because the district court considered Morris’s admissions as a whole, 

his later statements do not rebut their own reliability for approximating his 

relevant conduct. Nor do the amounts seized at the time of Morris’s arrest 

rebut his own estimates of his methamphetamine trade where Morris 

adduced no evidence that those amounts reflected the scale of his trade in 

methamphetamine better than his admissions. See Barfield, 941 F.3d at 763-

64; § 2D1.1, cmt. (n.5); see also United States v. Valdez, 453 F.3d 252, 267 (5th 

Cir. 2006). 

Having adduced no evidence to rebut his admissions, Morris fails to 

show that the district court clearly erred in relying on the quantity derived 

from those admissions. See Barfield, 941 F.3d at 761, 763-64; see also United 

States v. Moton, 951 F.3d 639, 645 & n.29 (5th Cir. 2020); Valdez, 453 F.3d at 

267. Because the quantity of methamphetamine actual that the district court 

attributed to Morris is plausible in light of the record as a whole, the judgment 

of the district court is AFFIRMED. 

1 Miranda v. Arizona, 384 U.S. 436 (1966). 

Case: 20-50047 Document: 00515584535 Page: 2 Date Filed: 09/30/2020
§ 430.204 Agency performance appraisal system(s). ( a ) Each agency as defined at section 4301(1) of title 5, United States Code, shall develop one or more performance appraisal systems for employees covered by this subpart.
( b ) An agency appraisal system shall establish agencywide policies and parameters for the application and operation of performance appraisal within the agency for the employees covered by the system. At a minimum, an agency system shall— ( 1 ) Provide for— ( i ) Establishing employee performance plans, including, but not limited to, critical elements and performance standards;
( ii ) Communicating performance plans to employees at the beginning of an appraisal period;
( iii ) Evaluating each employee during the appraisal period on the employee's elements and standards;
( iv ) Recognizing and rewarding employees whose performance so warrants;
( v ) Assisting employees in improving unacceptable performance; and
( vi ) Reassigning, reducing in grade, or removing employees who continue to have unacceptable performance, but only after an opportunity to demonstrate acceptable performance.
( 2 ) Identify employees covered by the system;
( 3 ) Specify the flexibilities an agency program established under the system has for setting— ( i ) The length of the appraisal period (as specified in § 430.206(a));
( ii ) The length of the minimum period (as specified in § 430.207(a));
( iii ) The number(s) of performance levels at which critical and non-critical elements may be appraised (as specified in § 430.206(b)(7) (i)(A) and (ii)(A)); and
( iv ) The pattern of summary levels that may be assigned in a rating of record (as specified in § 430.208(d));
( 4 ) Include, where applicable, criteria and procedures for establishing separate appraisal programs under an appraisal system; and
( 5 ) Require that an appraisal program shall conform to statute, the regulations of this chapter, and the requirements established by the appraisal system.
( c ) Agencies are encouraged to involve employees in developing and implementing their system(s). When agencies involve employees, the method of involvement shall be in accordance with the law.
[60 FR 43943, Aug. 23, 1995; 60 FR 47646, Sept. 13, 1995]
Exhibit 32.2

CERTIFICATIONS OF CHIEF FINANCIAL OFFICER

UNDER

SECTION 906 OF THE SARBANES-OXLEY ACT

PACIFIC MERCANTILE BANCORP

Annual Report on Form 10-K

for the Year ended December 31, 2010

In connection with the accompanying Annual Report on Form 10-K of Pacific Mercantile Bancorp (the Company) for the fiscal year ended December 31, 2010 (the Annual Report), and
pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2003, I, Raymond E. Dellerba, certify that:

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

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

Dated: March 31, 2011



/s/ NANCY A. GRAYNancy A. GrayChief Financial OfficerA signed original of this written statement required by Section 906 has been provided to Pacific Mercantile Bancorp and will be retained by Pacific Mercantile Bancorp and
furnished to the Securities and Exchange Commission or its staff upon request.
§ 3401.104 Prior approval for outside employment. ( a ) *Prior approval requirement.* An employee, other than a special Government employee, must obtain written approval from the DAEO through normal supervisory channels before engaging in outside employment with any person who is a “prohibited source” as that term is defined at 5 CFR 2635.203(d).
( b ) *Approval of requests.* Approval under this section shall be denied only upon a determination by the DAEO that the outside activity is expected to involve conduct prohibited by statute or Federal regulations, including 5 CFR part 2635.
( c ) *Definitions.* For purposes of this section, “employment” means any form of non-Federal employment or business relationship or activity involving the provision of personal services by the employee for compensation other than reimbursement of actual and necessary expenses. It includes, but is not limited to, personal services as an officer, director, employee, agent, attorney, consultant, contractor, general partner, or trustee.
Michigan Supreme Court Lansing, Michigan

Robert P. Young, Jr.,
Chief Justice

Michael F. Cavanag h Marilyn Kell y Stephen J. Markma n Diane M. Hathawa y Mary Beth Kell y Brian K. Zahra,

J ustices

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

_______________________________________ __ Clerk July 20, 2011

h0713 

# Order

July 20, 2011

142711

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,

v SC: 142711 COA: 290422 DELL CRAWFORD, Wayne CC: 07-023226-FC Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the January 11, 2011 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.

C AVANAGH 

### , J., would grant leave to appeal.

M ARILYN 

### K ELLY 

### , J., would grant leave to appeal for the reasons stated in the Court of Appeals dissenting opinion.
Editorial Note on Subpart B of Part 591
Editorial Note: Nomenclature changes to subpart B of part 591 appear at 70 FR 31313, May 31, 2005.

§ 591.214 How does OPM collect prices? ( a ) OPM collects most prices by visiting or calling retail outlets in each survey area and observing or verbally obtaining the item prices.
( b ) OPM prices some items by catalog, Internet, or a similar source. Other items, not normally sold within an area, may be priced in a different area. In either case, the price of such items includes any applicable taxes, shipping, and handling charges. When an item is normally sold within an area but is not available at the time of survey, OPM may, on a case-by-case basis, use the price of the item in a neighboring survey or COLA area.
§ 831.1402 Fault. A recipient of an overpayment is without fault if he/she performed no act of commission or omission which resulted in the overpayment. The fact that the Office of Personnel Management may have been at fault in initiating an overpayment will not necessarily relieve the individual from liability. ( a ) *Considerations.* Pertinent considerations in finding fault are— ( 1 ) Whether payment resulted from the individual's incorrect but not necessarily fraudulent statement, which he/she should have known to be incorrect;
( 2 ) Whether payment resulted from the individual's failure to disclose material facts in his/her possession which he/she should have known to be material; or
( 3 ) Whether he/she accepted a payment which he/she knew or should have known to be erroneous.
( b ) *Mitigation factors.* The individual's age, physical and mental condition or the nature of the information supplied to him/her by OPM or a Federal agency may mitigate against finding fault if one or more contributed to his/her submission of an incorrect statement, a statement which did not disclose material facts in his/her possession, or his/her acceptance of an erroneous overpayment.
### §§767 to 769. Repealed. Aug. 4, 1949, ch. 393, §20, 63 Stat. 561

Section 767, acts Mar. 3, 1915, ch. 81, §7, 38 Stat. 928; June 20, 1918, ch. 103, §7, 40 Stat. 608, related to administration of oaths to employees of Lighthouse Service.

Section 768, acts Aug. 24, 1912, ch. 355, §8, 37 Stat. 487; Mar. 3, 1915, ch. 81, §7, 38 Stat. 928; June 20, 1918, ch. 103, §7, 40 Stat. 608; June 6, 1939, ch. 185, 53 Stat. 810, related to oaths to expense accounts.

Section 769, act Feb. 25, 1929, ch. 313, §3, 45 Stat. 1262, related to aids to navigation in Panama. See section 541 of Title 14, Coast Guard.

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

#### Effective Date of Repeal

Repeal effective first day of third month after approval by President [Aug. 4, 1949], see section 19 of act Aug. 4, 1949, set out as an Effective Date note preceding chapter 1 of Title 14, Coast Guard.
EXHIBIT  32.1
-------------

                                  CERTIFICATION
                                  -------------

                    Certification of Chief Executive Officer
           Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
                             18 U.S.C. Section 1350

In  connection  with  the  Amended Quarterly Report of Invicta Group, Inc.  (the
"Company")  on Form 10-QSB for the quarter ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
G.  Forhan,  President  and  Chief  Executive  Officer  of the Company, certify,
pursuant  to  18  U.S.C. Section 1350, as adopted pursuant to Section 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,  as  amended,  and

2)   The  information  contained  in the Report fairly presents, in all material
     respects,  the financial condition and results of operations of the Company
     at  the  dates  and  for  the  periods  presented  in  this  Report.



Date:  November  2,  2004              /s/  WILLIAM G. FORHAN
                                       ----------------------
                                       WILLIAM G. FORHAN
                                       President  and  Chief  Executive  Officer
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in the following Registration Statements:



of our report dated February 26, 2016, with respect to the consolidated financial statements of Bruker Corporation, and our report dated February 26, 2016, except for the effect of the
material weakness described in the sixth paragraph of that report, as to which the date is November 15, 2016, with respect to the effectiveness of internal control over financial reporting of
Bruker Corporation, included in this Amendment No. 1 to the Annual Report (Form 10-K/A) of Bruker Corporation for the year ended December 31, 2015.



/s/ Ernst & Young LLP


Boston, Massachusetts
November 15, 2016

---



QuickLinks
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1973 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 1973

               To suspend temporarily the duty on DiTMP.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 6, 2003

  Ms. Kaptur introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
               To suspend temporarily the duty on DiTMP.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DITMP.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:
      

``    9902.07.07    Ditrimethylolpro  Free              Free              No change         On or before 12/
                     pane (DiTMP)                                                            31/2006          ''
                     (CAS No. 23235-                                                                           .
                     61-2) (provided
                     for in
                     subheading
                     9902.32.10)....

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to goods entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.
                                 <all>
```
#### Imogene Coca, Respondent, v. Max Liebman Productions, Inc., Defendant and Third-Party Plaintiff. Admiral Corp., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

No opinion. Present — Peck, P. J., Glennon, Cohn, Callahan and Shientag, JJ.
### §10455. Senior Policy Advisor for Culturally Specific Communities

#### (a) Establishment

There is established in the Office on Violence Against Women a Senior Policy Advisor for Culturally Specific Communities.

#### (b) Duties

The Senior Policy Advisor for Culturally Specific Communities, under the guidance and authority of the Director, shall—

(1) advise on the administration of grants related to culturally specific services and contracts with culturally specific organizations;

(2) coordinate development of Federal policy, protocols, and guidelines on matters relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;

(3) advise the Director on policies, legislation, implementation of laws, and other issues relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;

(4) provide technical assistance, coordination, and support to other offices and bureaus in the Department of Justice to develop policy and to enforce Federal laws relating to domestic violence, dating violence, sexual assault, and stalking in culturally specific communities;

(5) ensure that appropriate technical assistance, developed and provided by entities with expertise in culturally specific communities, is made available to grantees and potential grantees proposing to serve culturally specific communities;

(6) ensure access to grants and technical assistance for culturally specific organizations; and

(7) analyze the distribution of grant funding in order to identify barriers for culturally specific organizations.

#### (c) Qualifications

Not later than 120 days after March 15, 2022, the Director shall hire for the position established under subsection (a) an individual with personal, lived, and work experience from a culturally specific community, and a demonstrated history and expertise addressing domestic violence or sexual assault in a nongovernmental agency.

(Pub. L. 90–351, title I, §2018, as added Pub. L. 117–103, div. W, title IX, §902, Mar. 15, 2022, 136 Stat. 911.)

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

#### Effective Date

Section not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as a note under section 6851 of Title 15, Commerce and Trade.