alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 69, Number 225 (Tuesday, November 23, 2004)]
[Notices]
[Page 68135]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25906]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the Defense Department Advisory Committee on Women in 
the Services; (DACOWITS)

AGENCY: Department of Defense.

ACTION: Notice of meeting.

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

SUMMARY: Pursuant to section 10(a), Public Law 92-463, as amended, 
notice is hereby given of a forthcoming meeting of the Defense 
Department Advisory Committee on Women in the Services (DACOWITS). The 
purpose of the Committee meeting is to discuss the 2004 DACOWITS 
Report. The meeting is open to the public, subject to the availability 
of space.
    Interested persons may submit a written statement for consideration 
by the Committee and make an oral presentation of such. Persons 
desiring to make an oral presentation or submit a written statement to 
the Committee must notify the point of contact listed below no later 
than 5 p.m., December 2, 2004. Oral presentations by members of the 
public will be permitted only on Thursday, December 9, 2004, from 4:30 
p.m. to 4:45 p.m. before the full Committee. Presentations will be 
limited to two minutes. Number of oral presentations to be made will 
depend on the number of requests received from members of the public. 
Each person desiring to make an oral presentation must provide the 
point of contact listed below with one (1) copy of the presentation by 
5 p.m., December 2, 2004 and bring 35 copies of any material that is 
intended for distribution at the meeting. Persons submitting a written 
statement must submit 35 copies of the statement to the DACOWITS staff 
by 5 p.m. on December 2, 2004.

DATES: 9 December 2004, 10:30 a.m.-5 p.m., 10 December 2004, 8:30 a.m.-
5 p.m.

ADDRESSES: Embassy Suites Hotel, Crystal City--National Airport, 1300 
Jefferson Davis Highway, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: MSgt Gerald T. Posey, USAF, DACOWITS, 
4000 Defense Pentagon, Room 2C548A, Washington, DC 20301-4000. 
Telephone (703) 697-2122. Fax (703) 614-6233.

SUPPLEMENTARY INFORMATION: Meeting agenda.

Thursday December 9, 2004 10:30 a.m.-5 p.m.

    2004 Committee Report, 4:30 p.m.-4:45 p.m. (Public Forum).

Friday December 10, 2004 8:30 a.m.-5 p.m.

    2004 Committee Report, 2 p.m.-3:30 p.m. Committee Presents Findings 
and Recommendations of the 2004 DACOWITS Report to Dr. David S.C. Chu, 
Under Secretary of Defense for Personnel and Readiness and Mr. Charles 
Abell, Principle Deputy for Personnel and Readiness.

    Note: Exact order may vary.


    Dated: November 18, 2004.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-25906 Filed 11-22-04; 8:45 am]
BILLING CODE 5001-06-P
§ 1101.12 Commission must disclose information to the public. *Public.* For the purposes of section 6(b)(1), the public includes any person except: ( a ) Members, employees, agents, representatives and contractors of the Commission, in their official capacity.
( b ) State officials who are commissioned officers under section 29(a)(2) of the CPSA, 15 U.S.C. 2078(a)(2), to the extent that the Commission furnishes them information necessary for them to perform their duties under that section. Such officials may not release to the public copies of such information unless the Commission has complied with section 6(b) or the information falls within an exception to section 6(b).
( c ) Members of a Commission Chronic Hazard Advisory Panel established under section 28 of the CPSA (15 U.S.C. 2077). However, disclosures of information by such a Panel are subject to section 6(b).
( d ) The persons or firms to whom the information to be disclosed pertains, or their legal representatives.
( e ) The persons or firms who provided the information to the Commission, or their legal representatives.
( f ) Other Federal agencies or state or local governments to whom accident and investigation reports are provided pursuant to section 29(e) of the CPSA (15 U.S.C. 2078(e)). However, as required by that section, employees of Federal agencies or state or local governments may not release to the public copies of any accident or investigation report made under the CPSA by an officer, employee or agent of the Commission unless CPSC has complied with the applicable requirements of section 6(b).
( g ) The Chairman or ranking minority member of a committee or subcommittee of Congress acting pursuant to committee business and having jurisdiction over the matter which is the subject of the information requested.
( h ) Any federal, state, local, or foreign government agency pursuant to, and in accordance with, section 29(f) of the Consumer Product Safety Improvement Act of 2008 (Pub. L. 110-314, 122 Stat. 3016 (August 14, 2008)).
[48 FR 57430, Dec. 29, 1983, as amended at 73 FR 72335, Nov. 28, 2008]
UNITED STATES COURT OF APPEALS 

FOR THE TENTH CIRCUIT 

 

UNITED STATES OF AMERICA, 

 Plaintiff - Appellee, 

v. 

KYLE A. HANAHAN, 

 Defendant - Appellant. 

No. 15-1072 

(D.C. No. 1:14-CR-00269-RM-1) 

(D. Colo.)

 

ORDER AND JUDGMENT*

 

Before KELLY, HARTZ, and McHUGH, Circuit Judges. 

 

 Following his acceptance of a plea agreement that included a waiver of his 

right to appeal, Kyle A. Hanahan pleaded guilty to transportation of child 

pornography, in violation of 18 U.S.C. § 2252A(a)(1) and (b)(1). He was sentenced 

to 108 months’ imprisonment. Despite his waiver, he filed an appeal. The 

government has moved to enforce Hanahan’s appeal waiver. See United States v. 

Hahn, 359 F.3d 1315, 1328 (10th Cir. 2004) (en banc) (per curiam). 

 

* This panel has determined that oral argument would not materially assist the 

determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The 

case is therefore ordered submitted without oral argument. This order and judgment 

is not binding precedent, except under the doctrines of law of the case, res judicata, 

and collateral estoppel. It may be cited, however, for its persuasive value consistent 

with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 

FILED 

United States Court of Appeals 

Tenth Circuit 

July 7, 2015

Elisabeth A. Shumaker 

Clerk of Court
- 2 - 

In evaluating a motion to enforce a waiver, we consider: “(1) whether the 

disputed appeal falls within the scope of the waiver of appellate rights; (2) whether 

the defendant knowingly and voluntarily waived his appellate rights; and (3) whether 

enforcing the waiver would result in a miscarriage of justice.” Id. at 1325. 

Hanahan’s counsel has filed a response in which Hanahan “concedes that the appeal 

waiver contained in his plea agreement is enforceable” under Hahn. Aplt. Resp. at 1. 

Our independent review confirms that the proposed issues for appeal fall 

within the scope of the waiver or raise a claim of ineffective assistance of counsel 

that Hanahan may not pursue on direct appeal, see United States v. Edgar, 348 F.3d 

867, 869 (10th Cir. 2003) (stating rule, with “rare exception” not applicable here, that 

ineffective-assistance claims must be brought in a collateral proceeding). The plea 

agreement clearly sets forth the appeal waiver and states that it was knowing and 

voluntary, and the district court discussed the waiver and confirmed Hanahan’s 

understanding of it during his change of plea hearing. Moreover, there is no evidence 

contradicting Hanahan’s knowing and voluntary acceptance of the waiver. Finally, 

there is no indication that enforcing the waiver would result in a miscarriage of 

justice as defined in Hahn, 359 F.3d at 1327. 

The motion to enforce is granted and this matter is dismissed. 

 Entered for the Court 

 Per Curiam
No. I-10-40 

Contact: Diane Screnci, 610/337-5330 

 Neil Sheehan, 610/337-5331 

August 26, 2010 

E-mail: opa1@nrc.gov

 

NRC NAMES NEW SENIOR RESIDENT INSPECTOR 

AT INDIAN POINT UNIT 2 

 Nuclear Regulatory Commission officials in King of Prussia, 

Pa., have selected Michelle P. Catts as the senior resident inspector at 

Indian Point Unit 2. The plant, operated by Entergy Nuclear, is located 

in Buchanan, N.Y. 

 “Michelle Catts’ experience and commitment to safety will 

help the NRC ensure that Indian Point 2 conducts operations with the 

highest safety standards to protect public health and safety,” said NRC 

acting Region I Administrator Marc L. Dapas. 

 Catts earned a bachelor’s degree in nuclear engineering from North Carolina State 

University. Before joining the NRC in 2003, she worked in the fuels group for Exelon 

Corp., which operates several nuclear power plants. 

 She joined the NRC in 2003 as a reactor engineer in Region I Division of Reactor 

Projects. After completing a rigorous inspector qualification program, she worked as a reactor 

inspector in the Division of Reactor Safety. Most recently, she was a resident inspector at Palo 

Verde Nuclear Generating Station in Arizona. 

 She joins Resident Inspector Ayo Ayegbusi at Indian Point 2. Indian Point 3, which is 

located at the same site, also has two NRC resident inspectors. The Indian Point 2 resident 

inspectors can be reached at 914/739-9360. 

 Each U.S. commercial nuclear power plant has at least two resident inspectors. They 

serve as the agency’s eyes and ears at the facility, conducting regular inspections, monitoring 

significant work activities, and interacting with plant workers and the public. 

# 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region I 

475 Allendale Road, King of Prussia, Pa. 19406 

Site: http://www.nrc.gov
### subpart 2—supporting technology development at the national laboratories
67778 Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Notices 

By Direction of the Secretary. 

E. Philip Riggin, 

Committee Management Officer.

[FR Doc. 04–25796 Filed 11–18–04; 8:45 am] 

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS 

AFFAIRS 

Advisory Committee on Women 

Veterans, Notice of Availability of 

Report 

In compliance with section 13 of 

Public Law 92–463 (Federal Advisory 

Committee Act) notice is hereby given 

that the 2004 Annual Report of the 

Department of Veterans Affairs (VA) 

Advisory Committee on Women 

Veterans has been issued. The report 

summarizes activities and 

recommendations of the Committee on 

matters relative to VA programs and 

policies affecting women veterans. It is 

available for public inspection at two 

locations: Mr. Richard Yarnall, Federal 

Advisory Committee Desk, Library of 

Congress, Anglo-American Acquisition 

Division, Government Documents 

Section, Room LM–B42, 101 

Independence Avenue, SE., Washington 

DC 20540–4172; and Department of 

Veterans Affairs, Center for Women 

Veterans, Suite 438 (00W), 810 Vermont 

Avenue, NW., Washington, DC 20420.

Dated: October 1, 2004.

By Direction of the Secretary. 

E. Philip Riggin, 

Committee Management Officer.

[FR Doc. 04–25726 Filed 11–18–04; 8:45 am] 

BILLING CODE 8320–01–M
### §80510. Service of process

The corporation shall comply with the law on service of process of each State in which it is incorporated and each State in which it carries on activities.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1364.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 80510 | 36:1604. | Dec. 4, 1980, Pub. L. 96–497, §4, 94 Stat. 2595. |

Section

The words "in furtherance of its corporate purposes" are omitted as unnecessary.
#### § 1.71 Administration.

The general administration of the Fair Credit Reporting Act (Title VI of the Consumer Credit Protection Act of 1968; enacted October 26, 1970; Pub. L. 91-508, 82 Stat. 146, 15 U.S.C. 1601 *et seq.*) is carried out by the Bureau of Consumer Protection, Division of Privacy and Identity Protection. Any interested person may obtain copies of the Act and these procedures and rules of practice upon request to the Secretary of the Commission, Washington, DC 20580.

[36 FR 9293, May 22, 1971, as amended at 36 FR 18788, Sept. 22, 1971; 38 FR 32438, Nov. 26, 1973; 46 FR 26290, May 12, 1981; 88 FR 42874, July 5, 2023]
#### § 998.50 Applicability.

This subpart applies to professional mariners as defined in section 3079b(c) of title 33, United States Code, and in § 998.51, who are regularly assigned duties aboard a NOAA ship. An employee is considered to be regularly assigned when his or her continuing duties are such that all or a significant part of them require that he or she serve aboard a NOAA ship. Temporary assignments of a shore-based employee of the Administration, such as for limited work projects or for training, do not constitute a regular assignment. This subpart does not apply to commissioned officers of the NOAA Corps serving on NOAA ships.
§ 25.7 Complaint. ( a ) On or after the date the Department of Justice approves the issuance of a complaint in accordance with 31 U.S.C. 3803(b)(1), the reviewing official may serve a complaint on the respondent, as provided in § 25.8.
( b ) The complaint shall state— ( 1 ) The allegations of liability against the respondent, including the statutory basis for liability, an identification of the claims or statements that are the basis for the alleged liability, and the reasons why liability allegedly arises from such claims or statements;
( 2 ) The maximum amount of penalties and assessments for which the respondent may be held liable;
( 3 ) Instructions for filing an answer to request a hearing, including a specific statement of the respondent's right to request a hearing by filing an answer and to be represented by a representative; and
( 4 ) That failure to file an answer within 30 days of service of the complaint will result in the imposition of the maximum amount of penalties and assessments without right to appeal.
( c ) At the same time the reviewing official serves the complaint, he or she shall serve the respondent with a copy of these regulations.
Exhibit 32.1    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 AIDA Pharmaceuticals, Inc. a Nevada corporation (the Company), on Form 10-QSB for the period ending June 30, 2007 as filed with the Securities and Exchange Commission (the Report), I, Biao Jin, Chief Executive Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.    /s/ Biao Jin Biao Jin Chief Executive Officer Date: August 14, 2007
Editorial Note on Part 303
Editorial Note: Nomenclature changes to part 303 appear at 68 FR 56555, Oct. 1, 2003.

§ 303.20 Duty refund calculations and miscellaneous provisions. ( a ) Territorial jewelry producers are entitled to duty refund certificates only for jewelry that they produce which is provided for in heading 7113, HTSUS, is a product of a territory and otherwise meets the requirements for duty-free entry under General Note 3 (a)(iv), HTSUS, and 19 CFR 7.3. ( 1 ) An article of jewelry is considered to be a product of a territory if: ( i ) The article is wholly the growth or product of the territory; or
( ii ) The article became a new and different article of commerce as a result of production or manufacture performed in the territories.
( 2 ) Eighteen month exemption. Any article of jewelry provided for in HTSUS heading 7113, assembled in the insular possessions by a new entrant jewelry manufacturer shall be treated as a product of the insular possessions if such article is entered into the customs territory of the United States no later than 18 months after such producer commences jewelry manufacturing or jewelry assembly operations in the insular possessions.
( b ) *Calculation of the value of the mid-year production incentive certificates.* ( 1 ) The value of each producer's certificate shall equal the producer's average creditable wage per unit shipped during the first six months of the calendar year multiplied by the sum of: ( i ) The number of units shipped up to 300,000 units times a factor of 90%; plus
( ii ) Incremental units shipped up to 3,533,334 units times a factor of 85%; plus
( iii ) Incremental units shipped up to 6,766,667 units times a factor of 80%; plus
( iv ) Incremental units shipped up to 10,000,000 units times a factor of 75%.
( 2 ) *Calculation of the value of the annual production incentive certificates.* The value of each producer's certificate shall equal the producer's average creditable benefit per unit based on creditable wages, health insurance, life insurance and pension benefits averaged from the amount of duty free units shipped during the calendar year multiplied by the sum of the following to obtain the total verified amount of the annual duty-refund per company. This amount would then be adjusted by deducting the amount of the mid-year duty-refund already issued. ( i ) The number of units shipped up to 300,000 units times a factor of 90%; plus
( ii ) Incremental units shipped up to 3,533,334 units times a factor of 85%; plus
( iii ) Incremental units shipped up to 6,766,667 units times a factor of 80%; plus
( iv ) Incremental units shipped up to 10,000,000 units times a factor of 75%.
[64 FR 67150, Dec. 1, 1999, as amended at 70 FR 67650, Nov. 8, 2005; 72 FR 16715, Apr. 5, 2007; 73 FR 34857, June 19, 2008]
### Part A—Federal Programs
# L_2019219EN.01000701.xml

| 22.8.2019 | EN | Official Journal of the European Union | L 219/7 |
| --- | --- | --- | --- |

22.8.2019

EN

Official Journal of the European Union

L 219/7

---

DECISION OF THE EEA JOINT COMMITTEE No 196/2017

of 27 October 2017

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2019/1359]

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 Regulation (EU) 2017/1224 of 6 July 2017 amending Annex V to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Regulation (EU) 2017/1224 of 6 July 2017 amending Annex V to Regulation (EC) No 1223/2009 of the European Parliament and of the Council on cosmetic products (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 indent is added in point 1a (Regulation (EC) No 1223/2009 of the European Parliament and of the Council) of Chapter XVI of Annex II to the EEA Agreement:

| ‘— | 32017 R 1224: Commission Regulation (EU) 2017/1224 of 6 July 2017 (OJ L 174, 7.7.2017, p. 16).’ |
| --- | --- |

‘—

32017 R 1224: Commission Regulation (EU) 2017/1224 of 6 July 2017 (OJ L 174, 7.7.2017, p. 16).’

Article 2

The text of Regulation (EU) 2017/1224 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 28 October 2017, 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, 27 October 2017.

For the EEA Joint Committee

The President

Sabine MONAUNI

---

(1)  
  OJ L 174, 7.7.2017, p. 16.

1

(*1)  No constitutional requirements indicated.

*1

---
### §386. Right of priority

(a) National Application.—In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172, a national application shall be entitled to the right of priority based on a prior international design application that designated at least 1 country other than the United States.

(b) Prior Foreign Application.—In accordance with the conditions and requirements of subsections (a) through (d) of section 119 and section 172 and the treaty and the Regulations, an international design application designating the United States shall be entitled to the right of priority based on a prior foreign application, a prior international application as defined in section 351(c) designating at least 1 country other than the United States, or a prior international design application designating at least 1 country other than the United States.

(c) Prior National Application.—In accordance with the conditions and requirements of section 120, an international design application designating the United States shall be entitled to the benefit of the filing date of a prior national application, a prior international application as defined in section 351(c) designating the United States, or a prior international design application designating the United States, and a national application shall be entitled to the benefit of the filing date of a prior international design application designating the United States. If any claim for the benefit of an earlier filing date is based on a prior international application as defined in section 351(c) which designated but did not originate in the United States or a prior international design application which designated but did not originate in the United States, the Director may require the filing in the Patent and Trademark Office of a certified copy of such application together with a translation thereof into the English language, if it was filed in another language.

(Added Pub. L. 112–211, title I, §101(a), Dec. 18, 2012, 126 Stat. 1529.)

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

#### Effective Date

Section effective on the later of the date that is 1 year after Dec. 18, 2012, or the date that the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs enters into force with respect to the United States (May 13, 2015), and applicable only to certain applications filed on and after that effective date and patents issuing thereon, see section 103 of Pub. L. 112–211, set out as an Effective Date of 2012 Amendment note under section 100 of this title.
### Part A—Urban and Rural Special Impact Programs
#### In the Matter of Margo A. Buckley, Appellant, against Walter Fasbender et al., Constituting the Town Board of the Town of Huntington, Suffolk County, Respondents.

Although it is our opinion that the amendment of the zoning ordinance by respondents, which involved the exercise of a legislative function, may not be reviewed under the form of procedure adopted by appellant *(Matter of Neddo*v. *Schrade,*270 N. Y. 97; *Matter of Newbrand*v. *City of Yonkers,*285 N. Y. 164, 174), we have determined the questions presented on the merits, in view of the acquiescence by respondents in the procedure adopted, and the request by counsel, on argument, that we ignore procedural defects. In affirming the conclusion reached at Special Term, that the enactment of the amendment to the Building Zone Ordinance is valid, legal and constitutional, we do not determine that the amendment to the ordinance is presently effective. (Cf. Town Law, § 269.) That question is not presented on this appeal. Present — 'Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ. [See *post,*p. 1001.]
#### Ora Young et al., Appellants, v. Rose Lituchy, Respondent, et al., Defendants.

'Judgment unanimously affirmed, with costs. No opinion. Present — Dore, J. P., Cohn, Callahan, Breitel and Bergan, JJ.