alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
June 17, 2015 

MEMORANDUM TO: Mark A. Satorius 

 Executive Director for Operations 

FROM: Annette L. Vietti-Cook, Secretary /RA/

SUBJECT: STAFF REQUIREMENTS – SECY-15-0056 – DENIAL OF 

PETITION FOR RULEMAKING (PRM-32-8) 

The Commission has approved denial of the petition for rulemaking and publication of the 

Federal Register notice announcing the denial, subject to the edits provided in the enclosure. 

Enclosure: 

Changes to the Federal Register notice in SECY-15-0056 

cc: Chairman Burns 

 Commissioner Svinicki 

 Commissioner Ostendorff 

 Commissioner Baran 

 OGC 

 CFO 

 OCA 

 OPA 

 Office Directors, Regions, ACRS, ASLBP (via E-Mail) 

 PDR 

SECY Note: This SRM to be released to the public 5 working days after issuance of the letter 

 to the petitioner 
Enclosure 

Changes to the Federal Register notice in SECY-15-0056 

1. On page 2, last paragraph, last line, replace the dash in “e-mail” with a hyphen. 

2. On page 4, 1st full paragraph, revise line 3 to read ‘ ... license if they have it has 

adequately ....’ 

3. On page 4, 1st full paragraph, revise line 12 to read ‘ ... the products could not ....’ 

4. On page 6, 1st full paragraph in Section III, line 2, replace the dash in “consumer-user” 

with a hyphen. 

5. On page 6, last paragraph, revise lines 6 and 7 to read ‘ ... wish to initially transfer for 

sale or distribution distribute self-luminous ....’ 

6. On page 7, last paragraph, revise line 2 to read ‘ ... license if they have it has ....’ 

7. On page 8, 1st full paragraph, revise line 3 to read ‘ ... and would revoke limit ....’ 

8. On page 8, 1st full paragraph, delete the 2 sentences in lines 5 through 8 (Being able to 

project ... the NRC’s authority.) 

9. On page 8, 2nd full paragraph, revise lines 2 and 3 to read ‘ ... discussed the issue of 

being able ability to ....’ 

10. On page 8, 2nd full paragraph, revise lines 12 and 13 to read ‘Therefore, it is important 

for the NRC to be able is reserving the right to exercise ....’ 

11. On page 9, 2nd full paragraph, delete the 1st sentence (Paragraph 30.19(c) ... 

adornments.) 

12. On page 9, 2nd full paragraph, revise line 8 to read ‘ ... inappropriate. Most importantly

Moreover, including ....’ 

13. On page 9, last paragraph, revise line 1 to read ‘ ... is choosing not to not include a ....’ 

14. On page 9, last paragraph, revise line 3 to read ‘ ... as timepieces, or hands or ....’ 

15. On page 10, last paragraph, revise line 7 to read ‘ ... alternatives are considered

relatively ....’ 

16. On page 10, last paragraph, revise line 12 to read ‘ ... exemption is fairly limited.’ 

17. On page 11, 1st full paragraph, revise lines 5 and 6 to read ‘ ... Standards, “would not

suggest that this product should not be exempted;. Hhowever, individual ....’ 

18. On page 11, last paragraph, revise line 2 to read ‘ ... warranted and or that ....’ 

19. On page 11, last paragraph, revise line 3 to read ‘ ... regulatory framework criteria for the 

use ....’ 
20. On page 11, last paragraph, revise line 7 to read ‘ ... acceptable one. The NRC confirms 

that tThis provision ....’
###### Editorial Note on [Part 240](/current/title-17/part-240?toc=1)

#### Editorial Note:

Nomenclature changes to part 240 appear at [57 FR 36501](https://www.federalregister.gov/citation/57-FR-36501), Aug. 13, 1992, and [57 FR 47409](https://www.federalregister.gov/citation/57-FR-47409), Oct. 16, 1992.

#### § 240.14a-20 Shareholder approval of executive compensation of TARP recipients.

If a solicitation is made by a registrant that is a *TARP recipient,* as defined in section 111(a)(3) of the Emergency Economic Stabilization Act of 2008 ([12 U.S.C. 5221(a)(3)](https://www.govinfo.gov/link/uscode/12/5221)), during the period in which any obligation arising from financial assistance provided under the *TARP,* as defined in section 3(8) of the Emergency Economic Stabilization Act of 2008 ([12 U.S.C. 5202(8)](https://www.govinfo.gov/link/uscode/12/5202)), remains outstanding and the solicitation relates to an annual (or special meeting in lieu of the annual) meeting of security holders for which proxies will be solicited for the election of directors, as required pursuant to section 111(e)(1) of the Emergency Economic Stabilization Act of 2008 ([12 U.S.C. 5221(e)(1)](https://www.govinfo.gov/link/uscode/12/5221)), the registrant shall provide a separate shareholder vote to approve the compensation of executives, as disclosed pursuant to Item 402 of Regulation S-K ([§ 229.402 of this chapter](/on/2024-09-16/title-17/section-229.402)), including the compensation discussion and analysis, the compensation tables, and any related material.

Note to [§ 240.14](/on/2024-09-16/title-17/section-240.14)a-20:

TARP recipients that are smaller reporting companies entitled to provide scaled disclosure pursuant to Item 402(l) of Regulation S-K are not required to include a compensation discussion and analysis in their proxy statements in order to comply with this section. In the case of these smaller reporting companies, the required vote must be to approve the compensation of executives as disclosed pursuant to Item 402(m) through (q) of Regulation S-K.

[[75 FR 2794](https://www.federalregister.gov/citation/75-FR-2794), Jan. 19, 2010]
#### In the Matter of the Application of Nathan Willner, Petitioner, for an Order Admitting Said Petitioner to Practice as an Attorney.

Present — Glennon, J. P., Dore, Cohn, Callahan and Shientag, J J.
* Pursuant to 5TH CIR. R. 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 CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

September 22, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 04-30278

Summary Calendar

 

ROGERS J. MATTHEWS,

Plaintiff-Appellant,

versus

JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 02-CV-1919

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

Before DAVIS, SMITH, and DENNIS, Circuit Judges.

PER CURIAM:*

Rogers J. Matthews appeals the denial of his application for

Social Security disability benefits alleging that he was disabled

because of chronic gout in his right hip and knee. Matthews

argues that the ALJ erred in determining that he retained a

residual functional capacity (“RFC”) to do light work. He also

argues that a vocational expert’s (“VE”) report relied on by the

ALJ in making that determination was deficient.
No. 04-30278

-2-

The objective medical evidence in the administrative record

shows that Matthews did suffer pain as a result of his gout

condition but that he sought treatment only sporadically. There

were long periods of time where Matthews sought no treatment at

all. His condition was being successfully treated through

medication and his occasional flare-ups responded well to

injections of anti-inflammatory and pain-relieving drugs. No

treating physician ever indicated that Matthews could not work or

that he was disabled. The Commissioner’s determination that

Matthews retained an RFC for light work is supported by

substantial evidence in the record as a whole. See Ripley v.

Chater, 67 F.3d 552, 557 (5th Cir. 1995). 

Finally, Matthews did not challenge the VE’s report at the

administrative hearing level. Thus, we decline to reverse the

Commissioner’s decision on the basis of any alleged deficiencies

in the VE’s report. See Carey v. Apfel, 230 F.3d 131, 146-47

(5th Cir. 2000). We will not consider Matthews’ argument, raised

for the first time in his reply brief, that Carey is inapposite

to this case. See Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.

1993).

AFFIRMED.
### §14083. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 103–322, title XVIII, §180104, Sept. 13, 1994, 108 Stat. 2046, which authorized appropriations for the hiring of additional Drug Enforcement Administration agents for fiscal years 1996 to 2000, was omitted as obsolete.
§ 23.410 Prohibition on fraud, manipulation, and other abusive practices. ( a ) It shall be unlawful for a swap dealer or major swap participant— ( 1 ) To employ any device, scheme, or artifice to defraud any Special Entity or prospective customer who is a Special Entity;
( 2 ) To engage in any transaction, practice, or course of business that operates as a fraud or deceit on any Special Entity or prospective customer who is a Special Entity; or
( 3 ) To engage in any act, practice, or course of business that is fraudulent, deceptive, or manipulative.
( b ) *Affirmative defense.* It shall be an affirmative defense to an alleged violation of paragraph (a)(2) or (3) of this section for failure to comply with any requirement in this subpart if a swap dealer or major swap participant establishes that the swap dealer or major swap participant: ( 1 ) Did not act intentionally or recklessly in connection with such alleged violation; and
( 2 ) Complied in good faith with written policies and procedures reasonably designed to meet the particular requirement that is the basis for the alleged violation.
( c ) *Confidential treatment of counterparty information.* ( 1 ) It shall be unlawful for any swap dealer or major swap participant to: ( i ) Disclose to any other person any material confidential information provided by or on behalf of a counterparty to the swap dealer or major swap participant; or
( ii ) Use for its own purposes in any way that would tend to be materially adverse to the interests of a counterparty, any material confidential information provided by or on behalf of a counterparty to the swap dealer or major swap participant.
( 2 ) Notwithstanding paragraph (c)(1) of this section, a swap dealer or major swap participant may disclose or use material confidential information provided by or on behalf of a counterparty to the swap dealer or major swap participant if such disclosure or use is authorized in writing by the counterparty, or is necessary: ( i ) For the effective execution of any swap for or with the counterparty;
( ii ) To hedge or mitigate any exposure created by such swap; or
( iii ) To comply with a request of the Commission, Department of Justice, any self-regulatory organization designated by the Commission, or an applicable prudential regulator, or is otherwise required by law.
( 3 ) Each swap dealer or major swap participant shall implement written policies and procedures reasonably designed to protect material confidential information provided by or on behalf of a counterparty from disclosure and use in violation of this section by any person acting for or on behalf of the swap dealer or major swap participant.
[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Notices]
[Pages 71789-71793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27126]


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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 05-07]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Public Law 104-164 dated 
July 21, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/OPS-ADMIN, (703) 
604-6575.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 05-07 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: December 6, 2004.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M

[[Page 71790]]

[GRAPHIC] [TIFF OMITTED] TN10DE04.070


[[Page 71791]]


[GRAPHIC] [TIFF OMITTED] TN10DE04.071


[[Page 71792]]


[GRAPHIC] [TIFF OMITTED] TN10DE04.072


[[Page 71793]]


[GRAPHIC] [TIFF OMITTED] TN10DE04.073

[FR Doc. 04-27126 Filed 12-9-04; 8:45 am]
BILLING CODE 5001-06-C
### NORTH DAKOTA DEPARTMENTofHEALTH

April 2, 2013

Mr. Howard Cantor (8RA) Acting Regional Administrator U.S. EPA, Region 8 1595 Wynkoop Street Denver, CO 80202-1129 Re: SIP Revision Dear Mr. Cantor: ENVIRONMENTAL HEALTH SECTION Gold Seal Center, 918 E. Divide Ave. Bismarck, ND 58501-1947 701.328.5200 (fax) www.ndhealth.gov

' ' ! f-_ (

.. ;**~I** : l5! F 

### i

# K"'~.~~··

# i.. .__) ' l 

### +·ci!d.,

Attached is a letter from Governor Dalrymple which submits revisions to the North Dakota State Implementation Plan (SIP) for the control ofair pollution. Also, please find enclosed one hard copy and one electronic copy ofthe revisions. The SIP revisions address ''Conflict ofInterest" requirements under Section 128 ofthe Clean Air Act as well as an alternative monitoring plan for visible emissions from the Milton R. Young Station Unit 1. The public notice for the SIP revisions offered the opportunity for a public hearing; however, no one requested a hearing during the public comment period. Therefore, the SIP revision does not include a certification of the public hearing or a response to oral comments. In fact, no comments were received on the SIP revisions. The electronic copy ofthe SIP revisions is an exact duplicate ofthe hard copy. Ifyou have any questions, please have your staffcontactTom Bachmanofmy staffat (701)328-5188.

# r~~od Terry L. O'Clair, P.E. Director Division ofAir Quality TLO/TB:csc Enc: xc: Kathy Ayala, EPA Region 8 Gail Fallon, EPA Region 8

Environmental Health Section Chief's Office 701.328.5150 Division of Air Quality 701.328.5188 Division of Municipal Facilities

701.328.5211 Printedon recycledpaper. Division of Waste**Managem~nt** 701.328.5166 RECEIVED U.S. EPA Region 8 RA'sOffloe 

## APR 08 2013

Division of Water Quality 701.328.5210
(December 28, 1951.)

#### Anonymous, Appellant-Respondent, v. Anonymous, Respondent-Appellant.

Present — Nolan, P. J., Carswell, Adel, Sneed and Wenzel, JJ. [See *ante,*p. 746; *post,*p. 868.]
### §1973gg–6. Transferred

#### **Editorial Notes**

#### Codification

Section 1973gg–6 was editorially reclassified as section 20507 of Title 52, Voting and Elections.
### §1763. Repealed. Pub. L. 101–147, title I, §104, Nov. 10, 1989, 103 Stat. 883

Section, act June 4, 1946, ch. 281, §15, formerly §14, as added May 14, 1970, Pub. L. 91–248, §9, 84 Stat. 213; amended Nov. 7, 1973, Pub. L. 93–150, §8, 87 Stat. 564; renumbered §15, June 30, 1974, Pub. L. 93–326, §2, 88 Stat. 286; Nov. 10, 1977, Pub. L. 95–166, §16, 91 Stat. 1344; Aug. 13, 1981, Pub. L. 97–35, title VIII, §819(i), 95 Stat. 533, established National Advisory Council on Child Nutrition.
COURT OF APPEALS 

SECOND DISTRICT OF TEXAS 

FORT WORTH

NO. 02-14-00407-CR 

THE STATE OF TEXAS STATE

V. 

FRANK EMPEY APPELLEE

---------- 

FROM 271ST DISTRICT COURT OF WISE COUNTY 

TRIAL COURT NO. CR17613 

---------- 

CONCURRING OPINION 

---------- 

Because I agree that Appellee has not established that the statute always

operates unconstitutionally—the standard that the court of criminal appeals has 

directed us to apply with regard to facially unconstitutional challenges like the 

one presented here—I join with Chief Justice Livingston’s opinion in both 

reasoning and result. I write separately only to express that while I share the 

concerns regarding the statute raised by the trial court in its findings of fact and 
2 

conclusions of law and by Justice Dauphinot in her dissenting opinion, I believe 

that the facts and arguments in this case do not present an opportunity to 

address the concerns raised. 

/s/ Bonnie Sudderth 

BONNIE SUDDERTH 

JUSTICE 

PUBLISH 

DELIVERED: August 4, 2016
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 Catcher Holdings, Inc. (the Company) on Form 10-QSB
for the quarter ended June 30, 2007 filed with the Securities and Exchange Commission (the Report), I, Robert H. Turner, Chief Executive Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18,
Chapter 63, Section 1350 of the United States Code, that to the best of my knowledge:

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

(2) The information contained in
the Report fairly presents, in all material respects, the consolidated financial condition of the Company as of the dates presented and the consolidated result of operations of the Company for the periods presented.



|                      |  |                                                  
|--------------------- |  | -------------------------------------------------
|Date: August 10, 2007 |  | /s/ Robert H. Turner                             
|                      |  | Robert H. Turner                                 
|                      |  | Chief Executive Officer of Catcher Holdings, Inc.

This Certification has not been, and shall not be deemed, filed with the Securities and Exchange
Commission.
Editorial Note on Part 240
Editorial Note: Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

§ 240.16a-4 Derivative securities. ( a ) For purposes of section 16 of the Act, both derivative securities and the underlying securities to which they relate shall be deemed to be the same class of equity securities, *except that* the acquisition or disposition of any derivative security shall be separately reported.
( b ) The exercise or conversion of a call equivalent position shall be reported on Form 4 and treated for reporting purposes as: ( 1 ) A purchase of the underlying security; and
( 2 ) A closing of the derivative security position.
( c ) The exercise or conversion of a put equivalent position shall be reported on Form 4 and treated for reporting purposes as: ( 1 ) A sale of the underlying security; and
( 2 ) A closing of the derivative security position.
( d ) The disposition or closing of a long derivative security position, as a result of cancellation or expiration, shall be exempt from section 16(a) of the Act if exempt from section 16(b) of the Act pursuant to § 240.16b-6(d).
Note to § 240.16 a
-4:
A purchase or sale resulting from an exercise or conversion of a derivative security may be exempt from section 16(b) of the Act pursuant to § 240.16b-3 or § 240.16b-6(b).
[56 FR 7265, Feb. 21, 1991, as amended at 56 FR 19927, May 1, 1991; 61 FR 30392, June 14, 1996]
### §1546. Payment of annual sums to local authorities in lieu of taxes

The Secretary of Housing and Urban Development shall pay from rentals annual sums in lieu of taxes to any State and/or political subdivision thereof, with respect to any real property acquired and held by him under subchapters II to VII of this chapter, including improvements thereon. The amount so paid for any year upon such property shall approximate the taxes which would be paid to the State and/or subdivision, as the case may be, upon such property if it were not exempt from taxation, with such allowance as may be considered by him to be appropriate for expenditure by the Government for streets, utilities, or other public services to serve such property. As used in this section the term "State" shall include the District of Columbia.

(Oct. 14, 1940, ch. 862, title III, §306, formerly §9, 54 Stat. 1127; renumbered title III, §306, and amended June 28, 1941, ch. 260, §4(b), 55 Stat. 363; Jan. 21, 1942, ch. 14, §8, 56 Stat. 12; Ex. Ord. No. 9070, §1, eff. Feb. 24, 1942, 7 F.R. 1529; Apr. 10, 1942, ch. 239, §3(a), 56 Stat. 212; Apr. 20, 1950, ch. 94, title II, §204, 64 Stat. 73; Pub. L. 89–174, §5(a), Sept. 9, 1965, 79 Stat. 669.)

#### **Editorial Notes**

#### References in Text

Subchapters III and VI of this chapter, referred to in text, were comprised of sections 1531 to 1536 and 1571 to 1576, respectively, of this title and have been omitted from the Code. For further details, see note set out under section 1522 of this title.

#### Codification

Words "including any Territory or possession of the United States" appearing in text prior to amendment by act Jan. 21, 1942, inserted on authority of act June 28, 1941, ch. 260, §4(b), 55 Stat. 363, which provided that when used in this section the term " 'State' includes any Territory or possession of the United States".

#### Amendments

1950—Act Apr. 20, 1950, substituted "Housing and Home Finance Administrator" for "National Housing Administrator".

1942—Act Apr. 10, 1942, inserted last sentence.

Act Jan. 21, 1942, amended section generally.

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

#### Transfer of Functions

For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1522 of this title.

#### **Executive Documents**

#### Transfer of Functions

Functions of Federal Works Administrator relating to defense housing consolidated with other agencies into National Housing Agency during World War II by Ex. Ord. No. 9070.
###### Editorial Note on Part 260

#### Editorial Note:

Nomenclature changes to part 260 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 260.4a-1 Exempted securities under section 304(a)(8).

The provisions of the Trust Indenture Act of 1939 shall not apply to any security that has been or will be issued otherwise than under an indenture. The same issuer may not claim this exemption within a period of twelve consecutive months for more than $50,000,000 aggregate principal amount of any securities.

[80 FR 21925, Apr. 20, 2015]
##### 



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 on Form 10-Q of Brillian
Corporation (the Company) for the quarter ended March 31, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I,
Vincent F. Sollitto Jr., President, Chief Executive Officer, and Director 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 (15 U.S.C.
78m(a) or 78o(d)); and(2)
    
    The information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Company. /s/Vincent F. Sollitto Jr.Vincent F. Sollitto Jr.President, Chief Executive Officer, and DirectorMay 14, 2004
### §1973aa–1. Transferred

#### **Editorial Notes**

#### Codification

Section 1973aa–1 was editorially reclassified as section 10502 of Title 52, Voting and Elections.