alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 1209.33 Reasonable testing program. ( a ) *General.* Section 14(a) of the Consumer Product Safety Act (15 U.S.C. 2063(a)) requires each manufacturer, importer, or private labeler of a product which is subject to a consumer product safety standard to issue a certificate of compliance with the applicable standard and to base that certificate upon a test of each item or upon a reasonable testing program. Because it is not practical to test each item subject to the standard, a reasonable testing program shall be used to support certificates of compliance for cellulose insulation.
( b ) *Requirements of testing program.* A reasonable testing program for cellulose insulation is one which demonstrates with reasonable certainty that insulation certified to comply with the standard will meet all requirements of the standard. Manufacturers, private labelers, and importers shall determine the types and frequency of testing for their own reasonable testing programs. A reasonable testing program may include either the tests prescribed by the standard, or any other reasonable test procedures. However, a reasonable testing program cannot consist of tests which the party issuing the certificate of compliance knows (or through the exercise of reasonable diligence should know) will pass or accept insulation which will yield failing results when subjected to any of the tests in the standard. All reasonable testing programs shall consist of four elements: ( 1 ) Qualification tests which must be performed on samples of the manufacturer's cellulose insulation to demonstrate that the product is capable of passing the tests prescribed by the standard.
( 2 ) A description of the cellulose insulation which passed the qualification testing. This description is known as the “product specification.”
( 3 ) Production tests, which must be performed at appropriate production intervals as long as the cellulose insulation is being manufactured.
( 4 ) Corrective action, which must be taken whenever samples of the cellulose insulation yield unacceptable or failing test results.
( c ) *Commission testing.* The Commission will test for compliance with the standard by using the test procedures contained in the standard, and will base enforcement actions for violation of the standard on the results of such testing.
( d ) *Testing by third parties.* At the option of the manufacturer, importer, or private labeler, some or all of the testing for the reasonable testing program may be performed by a commercial testing laboratory. However, the manufacturer, importer, or private labeler is responsible for ensuring that all testing used to support the certificate of compliance has been properly performed with passing or acceptable results and for maintaining all records of such tests in accordance with § 1209.38 below.
#### Crow & Sutton Associates, Inc., et al., Respondents, v Welliver McGuire, Inc., Appellant.

[820 NYS2d 179]

Lahtinen, J.

Appeal from an amended judgment of the Supreme Court (O’Shea, J), entered July 25, 2005 in Chemung County, upon a decision of the court in favor of plaintiff Crow & Sutton Associates, Inc.

Defendant was the contractor on a project known as the Cornell University North Campus Residential Initiative. In April 2000, plaintiff Crow & Sutton Associates, Inc. (hereinafter plaintiff) subcontracted with defendant to provide certain landscaping on the project for about $241,000. The contract included a provision that permitted defendant to terminate the agreement “for its convenience” and, in October 2000, defendant used that provision to terminate the agreement. The parties were unable to agree upon the amount of compensation due to plaintiff for services rendered prior to defendant terminating the contract. Flaintiff sought $121,000 to $169,000 and defendant placed the amount owed between zero and $37,000. Following a nonjury trial, Supreme Court awarded plaintiff a little less than $75,000, plus interest. Defendant appeals.

We affirm. It is well settled that a written agreement should be enforced according to its clear terms *(see Vermont Teddy Bear Co. v 538 Madison Realty Co.,*1 NY3d 470, 475 [2004]). When interpreting a contract, it must be read as a whole so as to avoid undo emphasis on particular words or phrases *(see South Rd. Assoc., LLC v International Bus. Machs. Corp., 4*NY3d 272, 277 [2005]). A provision purporting to limit damages must be clear to be enforceable *(see Rector v Calamus Group, Inc.,*17 AD3d 960, 961 [2005]; *Davidson Metals Corp. v Marlo*
      *652
      *Dev. Co.,*238 AD2d 463, 464-465 [1997]; *South Mall Constructors v State of New York,*94 AD2d 867, 869 [1983]).

Here, article 23 of the contract permits termination at defendant’s convenience and provides that, when so terminated, the subcontractor will be paid for work performed to date as provided in article 4. Defendant focuses upon the first paragraph of article 4 in an effort to limit its damages. Article 4, however, is an 11 paragraph provision touching on a variety of issues, which, when read in its entirety, adequately supports the damages awarded herein. Plaintiff submitted extensive proof, including detailed records supporting its claim. Supreme Court’s decision reflects a thorough weighing and considering of that evidence, as well as other trial evidence, and we discern no reason to deviate from the trial court’s finding. The remaining issues have been considered and found unpersuasive.

Cardona, P.J., Spain and Rose, JJ., concur. Ordered that the amended judgment is affirmed, with costs.
**EXHIBIT 99.1**

 

**CERTIFICATION  PURSUANT TO RULE 13A-14(C) OF THE U.S.SECURITIES EXCHANGE ACT OF 1934, AS AMENDED**

 

I,Jason W. Cohenour, certify that:

 

1.               I havereviewed this annual report on Form 40-F/A of Sierra Wireless, Inc.;

 

2.               Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report; and

 

3.               Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the issuer as of, and for,the periods presented in this report;

 

4.               Theregistrant’s other certifying officer(s) and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

 

a)              Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during theperiod in which this report is being prepared;

 

b)             Evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

c)              Disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s fourth fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and

 

5.               Theregistrant’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

 

a)All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.

 

Date:  April 12.2006

 

 
| /s/  JASON W. COHENOUR   |   |
|--------------------------|--------|
| Jason  W. Cohenour       |
| Chief  Executive Officer |

 

----
No: 15-020 March 25, 2015

CONTACT: Maureen Conley, 301-415-8200 

NRC Invites Nominations for the

Advisory Committee on Reactor Safeguards 

The Nuclear Regulatory Commission is seeking two qualified candidates for appointment to its 

Advisory Committee on Reactor Safeguards (ACRS). The ACRS is an advisory group that provides 

independent technical review of, and advice on, matters related to the safety of existing and proposed 

nuclear facilities and the adequacy of proposed reactor safety standards. It also advises the Commission 

on issues in health physics and radiation protection. 

The ACRS’s primary focus is on safety issues associated with the U.S. operation of 99

commercial nuclear power plants and regulatory initiatives including risk-informed and performancebased regulations, license renewal, power uprates, new reactor applications, and the use of mixed oxide 

and high burnup fuels. In addition, the ACRS may be asked to provide advice on radiation protection, 

radioactive waste management and earth sciences in the agency’s licensing reviews for fuel fabrication, 

enrichment and waste disposal facilities. 

The Commission is seeking individuals with at least 20 years of broad experience and a 

distinguished record of achievement in one or more areas of nuclear science and technology or related 

engineering disciplines.

Interested individuals should find candidate criteria and details at the corresponding Federal 

Register notice published March 25. Resumes will be accepted until June 23. Resumes should be sent 

to Kendra Freeland, ACRS, Mail Stop T2E-26, U.S. Nuclear Regulatory Commission, Washington, DC 

20555-0001, or e-mail Kendra.Freeland@nrc.gov. For more information on the ACRS, go to the NRC 

website.
No: III-15-002 February 10, 2015

CONTACT: Viktoria Mitlyng 630-829-9662

 Prema Chandrathil 630-829-9663

NRC Proposed $3,500 Fine To 

An Indiana Engineering Consulting Company

The Nuclear Regulatory Commission staff has proposed a $3,500 civil penalty to Patriot 

Engineering and Environmental Inc. for the failure to maintain proper control of a portable moisture 

density gauge containing a low level of radioactive material. The company, based in Indianapolis, Ind., 

uses portable nuclear gauges for measuring physical qualities of construction materials.

The violation was identified during an NRC special inspection of an incident where a bulldozer 

ran over a moisture density gauge. The nuclear material remained in a shielded position and was not 

damaged. There was no radiation release and no negative impact on the health of the workers or the 

public. 

The NRC staff concluded that the company violated NRC requirements by failing to make sure 

the gauge was under constant surveillance while it was in an unrestricted public area and to use two 

physical barriers to secure the gauge while it was not under observation. Specifically, a field technician 

went to his vehicle to record the results of the soil test he had just conducted and left the gauge 

unattended. A bulldozer ran over the gauge while the technician was at his vehicle.

“Our action underscores the expectation that NRC license holders will adhere to NRC 

requirements to make sure nuclear material is used safely,” said NRC Region III Administrator Cynthia 

D. Pederson. “An NRC license comes with the responsibility for making sure the use of nuclear 

material has no negative impact on the nuclear workers or the public.”

Patriot Engineering has to pay the fine or submit a letter protesting it by March 7.

The company took immediate and long-term corrective actions to address the violation and 

prevent recurrence.

The NRC will conduct an inspection to verify that the company’s actions to correct the 

problems are thorough and sustainable.

The NRC’s inspection report is available on the NRC’s website, and the Notice of Violation 

will be available shortly (use accession number ML15037A457).
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JULY 31, 2018

NO. 03-18-00265-CR

Bryant Lawrence Faulkenberry, Appellant

v.

The State of Texas, Appellee

APPEAL FROM THE 264TH DISTRICT COURT OF BELL COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AND FIELD

AFFIRMED -- OPINION BY JUSTICE GOODWIN

This is an appeal from the judgment of conviction entered by the trial court. Having reviewed

the record and the parties’ arguments, the Court holds that there was no reversible error in the 

trial court’s judgment of conviction. Therefore, the Court affirms the trial court’s judgment of 

conviction. Because appellant is indigent and unable to pay costs, no adjudication of costs 

is made.
A Comprehensive Assessment of Public Information Dissemination 

1-199 

APPENDIX 2. REPLY FROM NCLIS CHAIRPERSON MARTHA B. GOULD TO 

SENATOR JOHN MCCAIN, JUNE 27, 2000 

United States National Commission on Libraries and Information Science 

June 27, 2000 

The Honorable John McCain 

Chairman 

Committee on Commerce, Science and Transportation 

United States Senate 

Washington, D.C. 20510-6125 

Dear Chairman McCain, 285 

Thank you very much for your June 12, 2000 letter to me asking the U.S. National Commission on 

Libraries and Information Science (NCLIS) to undertake a review of the reforms necessary for the 

federal government's information dissemination practices. You also requested us to provide specific 

recommendations on the future of NTIS that are consistent with any overall recommendations we 

provide. 

We are honored that your Committee has asked us to make this comprehensive assessment of the 

government's public information dissemination laws, policies, programs, and practices. We have 

already learned that several other Senate and House committees are also quite interested in this 

undertaking. We will endeavor to stay in close touch with the Congress as we proceed, as well as key 

elements of the Executive Branch including the Department of Commerce, the Office of Management 

and Budget, and the Office of Science and Technology. 

We shall also coordinate our review closely with the major government information resources 

agencies and other stakeholder groups, including the National Technical Information Service, the 

Library of Congress, the Government Printing Office, the Chief Information Officers Council, and 

various interagency committees, public data user groups, public interest groups, library associations 

and groups, information and information technology trade associations, and the unions. 

We will do our utmost to complete the study by December 15, 2000, as you request. 

Sincerely yours, 

/signed/ 

Martha Gould 

NCLIS Chair 

 

285 Available at http://www.nclis.gov/govt/assess/replymcc.html and http://www.nclis.gov/govt/assess/assess.appen2.pdf.
#### § 1605.11 Remedies for failure to permit authorized investigations.

In the event of failure to comply with any investigative process authorized by these rules, the Commission may seek appropriate action pursuant to the authority conferred by the Federal Trade Commission Act, including actions for enforcement, forfeitures, penalities, or criminal sanctions.
### §12749. Repayment of investment

#### (a) In general

Any repayment of funds drawn from a jurisdiction's HOME Investment Trust Fund, and any payment of interest or other return on the investment of such funds, shall be deposited in such jurisdiction's HOME Investment Trust Fund, except that, if the jurisdiction is not a participating jurisdiction when such payment or repayment is made, the amount of such payment or repayment shall be reallocated in accordance with section 12747(d) of this title.

#### (b) Assurance of repayment

Each participating jurisdiction shall enter into an agreement with the Secretary ensuring that funds invested in affordable housing under this part are repayable when the housing no longer qualifies as affordable housing. Any repayment under the previous sentence shall be for deposit in the HOME Investment Trust Fund of the jurisdiction making the investment; except that if such jurisdiction is not a participating jurisdiction when such repayment is made, the amount of such repayment shall be reallocated in accordance with section 12747(d) of this title.

#### (c) Availability

The Secretary shall take such actions as are necessary to ensure that any repayments deposited in a HOME Investment Trust Fund in accordance with this section shall be immediately available to the participating jurisdiction for investment subject to the provisions of this part that apply to funds that are allocated under section 12747 of this title. Actions authorized under the preceding sentence may include authorizing the establishment for a participating jurisdiction of a HOME Investment Trust Fund account outside of the Federal Government that, under arrangements satisfactory to the Secretary, shall be used solely to invest in affordable housing within the participating jurisdiction's boundaries in accordance with the provisions of this subchapter. Such accounts shall be established in such a manner that repayments are not receipts or collections of the Federal Government.

(Pub. L. 101–625, title II, §219, Nov. 28, 1990, 104 Stat. 4110.)
### §12377. Authorization of appropriations

#### (a) Authorization

There are authorized to be appropriated such sums as may be necessary, for each of the fiscal years 1993 and 1994, to carry out this subchapter. Sums appropriated under this subsection shall remain available until the expiration of the 1-year period beginning on the date the Conference is adjourned. New spending authority or authority to enter into contracts as provided in this subchapter shall be effective only to the extent and in such amounts as are provided in advance in appropriations Acts.

#### (b) Return of unexpended funds

Any funds remaining upon the expiration of the 1-year period referred to in subsection (a) shall be returned to the Treasury of the United States and credited as miscellaneous receipts.

(Pub. L. 101–501, title IX, §988, Nov. 3, 1990, 104 Stat. 1283.)

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

#### Effective Date

Section effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as an Effective Date of 1990 Amendment note under section 8621 of this title.
NRC, DUKE ENERGY OFFICIALS TO DISCUSS APPARENT FIRE PROTECTION 

VIOLATION AT OCONEE NUCLEAR PLANT ON MARCH 5 IN ROCKVILLE, MD

Nuclear Regulatory Commission staff will meet with officials from Duke Energy 

Carolinas LLC on March 5 to discuss Duke’s apparent violation of a license condition on fire 

protection at its Oconee nuclear power plant in South Carolina.

The pre-decisional enforcement conference will be held at NRC Headquarters in 

Rockville, Md., from 1-3 p.m. in room O-13B4 in the NRC’s One White Flint North complex.

The agency notified Duke on Jan. 31 that it is considering escalated enforcement action 

after Duke failed to complete the installation and implementation of the protected service water 

system at Oconee by Dec. 31 as part of the final steps of transitioning the plant’s fire protection 

program to the National Fire Protection Association Standard No. 805 under NRC regulations.

The Oconee plant has three pressurized water reactors and is located about 30 miles west 

of Greenville, S.C.

Failure to install the protected service water system is a significant regulatory concern to 

the NRC because proper installation would improve safety and reduce risk at the plant. Duke 

requested an additional two-year extension for installation, but the NRC rejected that request on 

Jan. 15.

At the pre-decisional enforcement conference, Duke officials will have an opportunity to 

provide their perspective on the apparent violation and any other information they believe NRC 

officials should take into consideration before making their final enforcement decision. The 

public is invited to observe the meeting and will have one or more opportunities to communicate 

with NRC officials after the business portion of the meeting is concluded, but before the meeting

is adjourned. A toll-free audio teleconference number will be established for members of the 

public to participate in the meeting. For details, contact John Boska at 301-415-2901 or 

John.Boska@nrc.gov before 10 a.m. on March 5.

###

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 13-011 February 25, 2013
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on September 24, 2004, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), American Gear Manufacturers Association (“AGMA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the name and principal place of business of the standards development organization and (2) the nature and scope of its standards development activities. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to Section 6(b) of the Act, the name and principal place of business of the standards development organization is: American Gear Manufacturers Association, Alexandria, VA. The nature and scope of AGMA's standards development activities are: The development and promulgation of voluntary consensus standards for the U.S. gear and mechanical power transmission industries.

Dorothy B. Fountain,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 04-26217 Filed 11-26-04; 8:45 am]

BILLING CODE 4410-11-M
### Part G—Notification of Possible Exposure to Infectious Diseases