alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# L_2017161EN.01004201.xml

| 22.6.2017 | EN | Official Journal of the European Union | L 161/42 |
| --- | --- | --- | --- |

22.6.2017

EN

Official Journal of the European Union

L 161/42

---

DECISION OF THE EEA JOINT COMMITTEE

No 260/2015

of 30 October 2015

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1049]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Implementing Decision (EU) 2015/744 of 8 May 2015 authorising the provisional measure taken by the Netherlands in accordance with Article 52 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council as regards additional packaging and labelling requirements for electronic cigarettes containing nicotine and refill containers (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Implementing Decision (EU) 2015/744 of 8 May 2015 authorising the provisional measure taken by the Netherlands in accordance with Article 52 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council as regards additional packaging and labelling requirements for electronic cigarettes containing nicotine and refill containers (1) is to be incorporated into the EEA Agreement.

| (2) | Annex II to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex II to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following point is inserted after point 12zzy (Commission Implementing Regulation (EU) 2015/419) of Chapter XV of Annex II to the EEA Agreement:

| ‘12zzz. | 32015 D 0744: Commission Implementing Decision (EU) 2015/744 of 8 May 2015 authorising the provisional measure taken by the Netherlands in accordance with Article 52 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council as regards additional packaging and labelling requirements for electronic cigarettes containing nicotine and refill containers (OJ L 118, 9.5.2015, p. 8).’ |
| --- | --- |

‘12zzz.

Article 2

The texts of Implementing Decision (EU) 2015/744 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 1 November 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 30 October 2015.

For the EEA Joint Committee

The President

Oda SLETNES

---

(1)  
  OJ L 118, 9.5.2015, p. 8.

1

(*1)  No constitutional requirements indicated.

*1

---
§ 880.101 Purpose and scope. ( a ) The purpose of this part is to establish a uniform standard that OPM will use in its administration of benefits for CSRS, FERS, FEHBP and FEGLI in cases in which an annuitant becomes a missing annuitant.
( b ) This part establishes the procedures that OPM will follow to— ( 1 ) Determine— ( i ) Who is a missing annuitant,
( ii ) When a missing annuitant has died,
( iii ) When benefits will be paid in missing annuitant cases, and
( iv ) FEHBP coverage for family members of a missing annuitant; and
( 2 ) Make adjustments to CSRS and FERS benefit payments, FEHBP coverage and premiums, and FEGLI benefit payments and premiums after a determination that a missing annuitant is dead.
( c ) This part applies only to situations in which an individual who satisfies the statutory definition of an annuitant under section 8331(9) or section 8401(2) of title 5, United States Code, disappears and has not been determined to be dead by an authorized institution. This part does not apply to— ( 1 ) An employee, regardless of whether the absence is covered by subchapter VII of chapter 55 of title 5, United States Code; or
( 2 ) A separated employee who either— ( i ) Does not meet the age and service requirements for an annuity, or
( ii ) Has not filed an application for annuity.
### §3750. Incorporation of other provisions by the Secretary

The Secretary may provide that the provisions of sections of other subchapters of this chapter that are not otherwise applicable to loans made or guaranteed under this subchapter shall be applicable to loans made or guaranteed under this subchapter. The Secretary shall exercise authority under the preceding sentence by regulations prescribed after publication in the Federal Register and a period of not less than thirty days for public comment.

(Added Pub. L. 97–72, title III, §302(a), Nov. 3, 1981, 95 Stat. 1059, §1850; amended Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered §3750, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

#### **Editorial Notes**

#### Amendments

1991—Pub. L. 102–83 renumbered section 1850 of this title as this section.

1989—Pub. L. 101–237 substituted "Secretary" for "Administrator" in section catchline and wherever appearing in text.
I 

108TH CONGRESS 

1ST SESSION H. R. 2533

To designate the facility of the United States Postal Service located at 

10701 Abercorn Street in Savannah, Georgia, as the ‘‘J.C. Lewis, Jr. 

Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 19, 2003

Mr. KINGSTON (for himself and Mr. BURNS) introduced the following bill; 

which was referred to the Committee on Government Reform 

A BILL

To designate the facility of the United States Postal Service 

located at 10701 Abercorn Street in Savannah, Georgia, 

as the ‘‘J.C. Lewis, Jr. Post Office Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. J.C. LEWIS, JR. POST OFFICE BUILDING. 

4 (a) DESIGNATION.—The facility of the United States 

5 Postal Service located at 10701 Abercorn Street in Savan6 nah, Georgia, shall be known and designated as the ‘‘J.C. 

7 Lewis, Jr. Post Office Building’’. 

8 (b) REFERENCES.—Any reference in a law, map, reg9 ulation, document, paper, or other record of the United 
2

•HR 2533 IH 

1 States to the facility referred to in subsection (a) shall 

2 be deemed to be a reference to the J.C. Lewis, Jr. Post 

3 Office Building.

Æ
#### In re Saba P.

*Conrad Ost Seifert,*in support of the petition.

*Judith Merrill Earl,*assistant attorney general, in opposition.

Decided April 21, 1988

The respondent’s petition for certification for appeal from the Appellate Court, 13 Conn. App. 605, is denied.
### **CHAPTER 21E—PRIVACY AND CIVIL LIBERTIES PROTECTION AND OVERSIGHT**

Sec.
2000ee.
Privacy and Civil Liberties Oversight Board.
2000ee–1.
Privacy and civil liberties officers.
2000ee–2.
Privacy and data protection policies and procedures.
2000ee–3.
Federal agency data mining reporting.
### SUBCHAPTER III—COORDINATION OF FLOOD INSURANCE WITH LAND-MANAGEMENT PROGRAMS IN FLOOD-PRONE AREAS
Editorial Note on Subpart C of Part 9701
Editorial Note: At 73 FR 58435, Oct. 7, 2008, the application of subpart C to part 9701 was rescinded.

§ 9701.304 Definitions. In this part: *48 contiguous States* means the States of the United States, excluding Alaska and Hawaii, but including the District of Columbia.
*Band* means a work level or pay range within an occupational cluster.
*Band rate range* means the range of rates of basic pay (excluding any locality or special rate supplements) applicable to employees in a particular band, as described in § 9701.321. Each band rate range is defined by a minimum and maximum rate.
*Basic pay* means an employee's rate of pay before any deductions and exclusive of additional pay of any kind, except as expressly provided by law or regulation. For the specific purposes prescribed in §§ 9701.332(c) and 9701.333, respectively, basic pay includes locality and special rate supplements.
*Competencies* means the measurable or observable knowledge, skills, abilities, behaviors, and other characteristics required by a position.
*Day* means a calendar day.
*Demotion* means a reduction to a lower band within the same occupational cluster or a reduction to a lower band in a different occupational cluster under implementing directives issued by DHS pursuant to § 9701.355.
*Locality rate supplement* means a geographic-based addition to basic pay, as described in § 9701.332.
*Modal rating* means the rating of record that occurs most frequently in a particular pay pool.
*Occupational cluster* means a grouping of one or more associated or related occupations or positions. An occupational cluster may include one or more occupational series.
*Promotion* means an increase to a higher band within the same occupational cluster or an increase to a higher band in a different occupational cluster under implementing directives issued by DHS pursuant to § 9701.355.
*Rating of record* means a performance appraisal prepared— ( 1 ) At the end of an appraisal period covering an employee's performance of assigned duties against performance expectations (as defined in § 9701.404) over the applicable period; or
( 2 ) To support a pay determination, including one granted in accordance with subpart C of this part, a within-grade increase granted under 5 CFR 531.404, or a pay determination granted under other applicable rules.
*SES* means the Senior Executive Service established under 5 U.S.C. chapter 31, subchapter II.
*SL/ST* refers to an employee serving in a senior-level position paid under 5 U.S.C. 5376. The term “SL” identifies a senior-level employee covered by 5 U.S.C. 3324 and 5108. The term “ST” identifies an employee who is appointed under the special authority in 5 U.S.C. 3325 to a scientific or professional position established under 5 U.S.C. 3104.
*Special rate supplement* means an addition to basic pay for a particular category of employees to address staffing problems, as described in § 9701.333. A special rate supplement is paid in place of any lesser locality rate supplement that would otherwise apply.
*Unacceptable performance* means the failure to meet one or more performance expectations, as described in § 9701.406.
#### Rockville Park Homes, Inc., et al., Respondents, v. Adrian Blumenfeld et al., Appellants.

In an action for defamation defendants appeal from an order entered January 22, 1953, insofar as said order denied their motion to require plaintiffs to serve an amended complaint separately stating and numbering the alleged causes of action contained in the second and third causes of action of the complaint. Defendants also appeal from an order entered August 10, 1953, denying their motion to require plaintiffs to serve a second amended complaint separately stating and numbering the alleged causes of action contained in the amended complaint. Appeal from order entered January 22, 1953, dismissed, without costs. The amended complaint superseded the original complaint and rendered academic the appeal from the order based on the original complaint. Order entered August 10, 1953, reversed, without costs, and motion granted, without costs, to the extent of directing plaintiffs, within twenty days after the entry of the order hereon, to serve a second amended complaint which shall eliminate all the joint causes of action and which shall set forth separately each plaintiff’s several causes of actions against the defendants. *(Peacock*V. *Tata Sons, Ltd.,*206 App. Div. 145; *Garrison*V. *Sun Print. & Pub. Assn.,*144 App. Div. 428.) Nolan, P. J., Adel, MaeCrate, Schmidt and Beldock, JJ., concur.
#### § 8a.130 Effect of employment opportunities.

The obligation to comply with these Title IX regulations is not obviated or alleviated because employment opportunities in any occupation or profession are or may be more limited for members of one sex than for members of the other sex.
# Gazzetta ufficiale C 366A/30 o

| | ISSN 1977-0944 |
| --- | --- |
| Gazzetta ufficiale
  dell’Unione europea | C 366A |
| | |
| Edizione in lingua italiana | Comunicazioni e informazioni | 63° anno30 ottobre 2020 |

ISSN 1977-0944

Gazzetta ufficiale

dell’Unione europea

C 366A

Edizione in lingua italiana

Comunicazioni e informazioni

63° anno30 ottobre 2020

---

| Sommario | pagina |
| --- | --- |
| | Rettifiche |
| 2020/C 366 A/01 | Rettifica all’avviso di posto vacante CONS/AD/162/20 ( GU C 358 A del 26.10.2020 ) | 1 |

Sommario

pagina

Rettifiche

2020/C 366 A/01

Rettifica all’avviso di posto vacante CONS/AD/162/20 ( GU C 358 A del 26.10.2020 )

( GU C 358 A del 26.10.2020 )

1

---

| IT | |
| --- | --- |

IT

---

Rettifiche

| 30.10.2020 | IT | Gazzetta ufficiale dell’Unione europea | CA 366/1 |
| --- | --- | --- | --- |

30.10.2020

IT

Gazzetta ufficiale dell’Unione europea

CA 366/1

---

Rettifica all’avviso di posto vacante CONS/AD/162/20

(
  Gazzetta ufficiale dell’Unione europea C 358 A del 26 ottobre 2020
  )

(2020/C 366 A/01)

Pagina 1, sotto «INFORMAZIONI GENERALI», alla riga «Dipartimento»,

| anziché: | «DG RELEX: Affari esteri, allargamento e protezione civile», |
| --- | --- |

anziché:

«DG RELEX: Affari esteri, allargamento e protezione civile»,

| leggasi: | «DG RELEX: Relazioni esterne». |
| --- | --- |

leggasi:

leggasi:

«DG RELEX: Relazioni esterne».

Pagina 1, nella sezione «Chi siamo», al secondo capoverso,

| anziché: | «La direzione generale Affari esteri, allargamento e protezione civile (DG RELEX) comprende attualmente 2 direzioni: RELEX.1, che si occupa di commercio, sviluppo, sicurezza e coordinamento, e RELEX.2, che si occupa di allargamento, Medio Oriente e Nord Africa e protezione civile.», |
| --- | --- |

anziché:

anziché:

«La direzione generale Affari esteri, allargamento e protezione civile (DG RELEX) comprende attualmente 2 direzioni: RELEX.1, che si occupa di commercio, sviluppo, sicurezza e coordinamento, e RELEX.2, che si occupa di allargamento, Medio Oriente e Nord Africa e protezione civile.»,

| leggasi: | «La direzione generale Relazioni esterne (DG RELEX) comprende attualmente 2 direzioni: RELEX.1, che si occupa di commercio, sviluppo, sicurezza, e RELEX.2, che si occupa di politica di vicinato e risposta alle crisi.». |
| --- | --- |

leggasi:

leggasi:

«La direzione generale Relazioni esterne (DG RELEX) comprende attualmente 2 direzioni: RELEX.1, che si occupa di commercio, sviluppo, sicurezza, e RELEX.2, che si occupa di politica di vicinato e risposta alle crisi.».

---
DI SMISS; and Opinion Filed April 9 , 2019.

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 18

- 01466

- CV

DAVID LEMON, FA EDGE POINT SERVICES, LLC, AND ORANGE LEAF VENTURES, LLC , Appellants

V.
STRAIT CAPITAL COMPA NY, LTD. , Appellee

On Appeal from the 298th Judicial District Court

Dallas County, Texas Trial Court Cause No. DC

- 18

- 08245



### MEMORANDUM OPINION
Before Justices Myers, Osborne, and Nowell Opinion by Justice Osb orne

Before the Court is appellants’ March 2 9 , 2019 motion to dismiss the appeal . In the motion,

appellants state the parties have settled their claims and ask us to dismiss this appeal. We grant

the motion. T EX

. R. A PP

. P. 42.1.

We dismiss the appeal

.

181466F.P05 /Leslie Osborne/
LESLIE OSBORNE JUSTICE– 2

– 

## Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

DAVID LEMON, FA EDGEPOINT SERVICES, LLC, AND ORANGE LEAF VENTURES, LLC, Appellants

No. 05

- 18

- 01466

- CV V.

STRAIT CAPITAL COMPANY, LTD., Appellee On Appeal from the 298th Judicial District Court, Dallas County, Texas
Trial Court Cause No. DC

- 18

- 08245. Opinion delivered by Justice Osborne, Justices Myers and Nowell participating.

In accordance with this Court’s o pinion of this date, the appeal is DISMISSED

.

It is ORDERED that each party bear its own costs of appeal.

Judgment entered this 9 th day of April, 2019.
#### Marcia B. Kowen, Respondent-Appellant, v. Rochester Transit Corporation, Appellant, and Norman M. Gallant, Respondent.

Judgment and order in favor of plaintiff as against defendant Rochester Transit Corporation affirmed, with costs; judgment and order in favor of defendant Gallant affirmed, with costs. All concur, except McCurn, J., who dissents and votes for reversal and for granting a new trial, on the ground that the verdict in favor of plaintiff and against the Rochester Transit Corporation and the verdict in favor of defendant Gallant are against the weight of the credible evidence. (Appeal from a judgment for plaintiff against defendant Transit Co. in a bus line negligence action; also appeal from a judgment for defendant Gallant for no cause of action. The orders denied motions for a new trial.) Present — Taylor, P. J., McCurn, Kimball and Piper, JJ.
#### In the Matter of Cindy Burchetta, Respondent, v County of Westchester et al., Appellants.

[820 NYS2d 138]

In a proceeding pursuant to CPLR article 78 to review a determination of the Department of Human Resources of the County of Westchester dated October 17, 2003, that the petitioner did not pass a physical agility test required for placement on the eligibility list of the Westchester County Police Department, the appeal is from a judgment of the Supreme Court, Westchester County (Lange, J.), dated April 21, 2004, which granted the petition and afforded the petitioner another opportunity to perform a physical agility test.

Ordered that the judgment is reversed, on the law, with costs, the determination is confirmed, the petition is denied, and the proceeding is dismissed.

The petitioner, an applicant for a position as a police officer, took a physical agility test required for placement on the eligibility list of the Westchester County Police Department. Section III of that test required that she run 1.5 miles, and that the test “be administered on a track.” Along with other applicants, the petitioner was asked to perform this test within the parking lot of the police academy. Having failed to complete the test within the required time, the petitioner then sought to retake the test “on a track.”

*514The standards for physical fitness have a rational relationship to the ability of an individual to perform police functions, and their application is neither arbitrary nor capricious *(see Matter of Curcio v Nassau County Civ. Serv. Commn.,*220 AD2d 412 [1995]; *McCarthy v Nassau County,*208 AD2d 810 [1994]). The determination at issue was rationally based on the petitioner’s failure to complete the physical agility test within the required time.

The Department of Human Resources of the County of Westchester is authorized to administer the test for prospective police officers, which includes the stated 1.5-mile run *(see*9 NYCRR 6000.2, 6000.8). Its interpretation of the regulations is accorded great weight and judicial deference, as long as it is not irrational *(see Appelbaum v Deutsch,*66 NY2d 975, 977 [1985]; *Matter of Ford v Zoning Bd. of Appeals of City of Long Beach,*7 AD3d 797 [2004]; *Matter of Dinan v Board of Educ., Farmingdale Pub. Schools, Farmingdale Union Free School Dist.,*74 AD2d 922 [1980]). The requirement that applicants for the position of police officer run 1.5 miles was not irrational as administered. Miller, J.P., Adams, Skelos and Covello, JJ., concur.
#### § 280.220 Reopening.

The respondent may petition the administrative law judge within one year of the date of the final decision, except where the decision arises from a default judgment or from a settlement, to reopen an administrative enforcement proceeding to receive any relevant and material evidence which was unknown or unobtainable at the time the proceeding was held. The petition must include a summary of such evidence, the reasons why it is deemed relevant and material, and the reasons why it could not have been presented at the time the proceedings were held. The administrative law judge will grant or deny the petition after providing other parties reasonable opportunity to comment. If the proceeding is reopened, the administrative law judge may make such arrangements as the ALJ deems appropriate for receiving the new evidence and completing the record. The administrative law judge will then issue a new initial decision and order, and the case will proceed to final decision and order in accordance with § 280.222 of this part.

[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000]
#### West Hills Auto Repair, Inc., Appellant, v State of New York, Respondent.

[821 NYS2d 620]

In a claim, inter alia, to recover damages for breach of contract, the claimant appeals, as limited by its brief, from so much of an order of the Court of Claims (Marin, J.), dated November 29, 2004, as denied its motion for summary judgment on its first cause of action, to recover damages for breach of contract.

*850Ordered that the order is affirmed insofar as appealed from, with costs.

A “supplemental agreement,” by which the claimant indicated its acceptance of an offer to extend a certain Highway Emergency Local Patrol contract, was expressly conditioned upon the approval of the Comptroller of the State of New York (hereinafter the Comptroller). Since the claimant presented no evidence showing that the Comptroller approved the supplemental agreement, it failed to make a prima facie showing that the supplemental agreement was in existence and was breached by the New York State Department of Transportation (hereinafter the DOT) when the DOT rescinded its extension offer. Accordingly, the Court of Claims properly denied the claimant’s motion for summary judgment on its first cause of action, to recover damages for breach of contract *(see Oppenheimer & Co. v Oppenheim, Appel, Dixon & Co.,*86 NY2d 685, 690-691 [1995]; *Preferred Mtge. Brokers v Byfield,*282 AD2d 589 [2001]). Prudenti, P.J., Mastro, Spolzino and Dillon, JJ., concur.
§ 908.11 Maintenance of records of related activities. ( a ) Persons whose activities relate to weather modification activities, other than persons engaged in weather modification activities, shall maintain records concerning the identities of purchasers or users of weather modification apparatus or materials, the quantities or numbers of items purchased, and the times of such purchases. Such information shall be retained for at least 3 years.
( b ) In addition, persons whose activities relate to weather modification shall be required, under the authority of section 4 of Public Law 92-205, to provide the Administrator, on his request, with information he deems necessary to carry out the purposes of this act.
[41 FR 23394, June 10, 1976, as amended at 52 FR 4896, Feb. 18, 1987]
### subpart 2—financial assistance
### **CHAPTER 21B—RELIGIOUS FREEDOM RESTORATION**

Sec.
2000bb.
Congressional findings and declaration of purposes.
2000bb–1.
Free exercise of religion protected.
2000bb–2.
Definitions.
2000bb–3.
Applicability.
2000bb–4.
Establishment clause unaffected.
**Exhibit 32.1**

**STELLAR RESOURCES LTD.**

OFFICER’S 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 Quarterly Report of Stellar Resources Ltd. (the “Company”) on Form 10-QSB for the period ending **April 30, 2006**as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, **Andrew Reid**, Chief Executive Officer, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:

 

(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.

 

Dated June 13, 2006

 

/s/  Andrew Reid

Andrew Reid

Chief Executive Officer