alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 230.484 Undertaking required in certain registration statements. If a registration statement is prepared on a form available solely to investment companies registered under the investment Company Act of 1940, or a business development company which is selling or proposing to sell its securities pursuant to a registration statement which has been filed under the Act, if ( a ) Any acceleration is requested of the effective date of the registration statement pursuant to Rule 461 (§ 230.461), and
( b ) ( 1 ) Any provision or arrangement exists whereby the registrant may indemnify a director, officer or controlling person of the registrant against liabilities arising under the Act, or
( 2 ) The underwriting agreement contains provisions by which indemnification against such liabilities is given by the registrant to the underwriter or controlling persons of the underwriter and the director, officer or controlling person of the registrant is such an underwriter or controlling person thereof or a member of any firm which is an underwriter, and
( 3 ) The benefits of such indemnification are not waived by such persons; the registration statement shall include a brief description of the indemnification provisions and an undertaking in substantially the following form:
Insofar as indemnification for liability arising under the Securities Act of 1933 may be permitted to directors, officers and controlling persons of the registrant pursuant to the foregoing provisions, or otherwise, the registrant has been advised that in the opinion of the Securities and Exchange Commission such indemnification is against public policy as expressed in the Act and is, therefore, unenforceable. In the event that a claim for indemnification against such liabilities (other than the payment by the registrant of expenses incurred or paid by a director, officer or controlling person of the registrant in the successful defense of any action, suit or proceeding) is asserted by such director, officer or controlling person in connection with the securities being registered, the registrant will, unless in the opinion of its counsel the matter has been settled by controlling precedent, submit to a court of appropriate jurisdiction the question whether such indemnification by it is against public policy as expressed in the Act and will be governed by the final adjudication of such issue.
### §1862d. Set-aside for certain institutions

Of the amounts appropriated to the Foundation for the Program, as authorized under section 101 of this Act, in each fiscal year, at least 12 percent shall be reserved for historically Black colleges or universities defined as "part B institutions" by section 1061(2) of title 20 and other institutions of higher education whose enrollment includes a substantial percentage of students who are Black Americans, Hispanic Americans, or Native Americans.

(Pub. L. 100–570, title II, §205, Oct. 31, 1988, 102 Stat. 2877.)

#### **Editorial Notes**

#### References in Text

Section 101 of this Act, referred to in text, is section 101 of Pub. L. 100–570, title I, Oct. 31, 1988, 102 Stat. 2865, which is not classified to the Code.

#### Codification

Section was enacted as part of the Academic Research Facilities Modernization Act of 1988, and also as part of the National Science Foundation Authorization Act of 1988, and not as part of the National Science Foundation Act of 1950 which comprises this chapter.
### §§16791, 16792. Repealed. Pub. L. 111–314, §6, Dec. 18, 2010, 124 Stat. 3444

Section 16791, Pub. L. 109–155, title VI, §612, Dec. 30, 2005, 119 Stat. 2932, related to program to expand distance learning in rural underserved areas. See section 40905 of Title 51, National and Commercial Space Programs.

Section 16792, Pub. L. 109–155, title VI, §613, Dec. 30, 2005, 119 Stat. 2932, related to Charles "Pete" Conrad Astronomy Awards. See section 30902 of Title 51.
### §12705b. Definition of regulatory barriers to affordable housing

For purposes of sections 12705a to 12705d of this title, the terms "regulatory barriers to affordable housing" and "regulatory barriers" mean any public policies (including policies embodied in statutes, ordinances, regulations, or administrative procedures or processes) required to be identified by a jurisdiction in connection with its comprehensive housing affordability strategy under section 12705(b)(4) of this title. Such terms do not include policies relating to rents imposed on a structure by a jurisdiction or policies that have served to create or preserve, or can be shown to create or preserve, housing for low- and very low-income families, including displacement protections, demolition controls, replacement housing requirements, relocation benefits, housing trust funds, dedicated funding sources, waiver of local property taxes and builder fees, inclusionary zoning, rental zoning overlays, long-term use restrictions, and rights of first refusal.

(Pub. L. 102–550, title XII, §1203, Oct. 28, 1992, 106 Stat. 3938.)

#### **Editorial Notes**

#### References in Text

Sections 12705a to 12705d of this title, referred to in text, were in the original "this title", meaning title XII of Pub. L. 102–550, Oct. 28, 1992, 106 Stat. 3938, known as the Removal of Regulatory Barriers to Affordable Housing Act of 1992, which enacted sections 12705a to 12705d of this title, amended sections 5306 and 12705 of this title, and enacted provisions set out as notes under section 12705a of this title.

#### Codification

Section was enacted as part of the Removal of Regulatory Barriers to Affordable Housing Act of 1992, and also as part of the Housing and Community Development Act of 1992, and not as part of the Cranston-Gonzalez National Affordable Housing Act which comprises this chapter.
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.26a Office of Information Technology.

The Office of Information Technology is responsible for the analysis, design programming, operation, and maintenance of all agency information systems; developing and implementing long-range technology plans and programs; coordinating all information systems analysis activities being considered or carried out by other divisions and offices, and furnishing such organizations with appropriate assistance and support; providing technical advice to the staff in connection with development of Commission rules and regulations having technology implications; providing expert advice on the Commission's surveillance of technology in the securities industry; evaluating and recommending new technology concepts and capabilities for application within the Commission; and developing technology and automation capabilities and support within the Commission.

[86 FR 9444, Feb. 16, 2021]
### §14941. Access to Convention records

#### (a) Preservation of Convention records

#### (1) In general

Not later than 180 days after October 6, 2000, the Secretary, in consultation with the Attorney General, shall issue regulations that establish procedures and requirements in accordance with the Convention and this section for the preservation of Convention records.

#### (2) Applicability of notice and comment rules

Subsections (b), (c), and (d) of section 553 of title 5 shall apply in the development and issuance of regulations under this section.

#### (b) Access to Convention records

#### (1) Prohibition

Except as provided in paragraph (2), the Secretary or the Attorney General may disclose a Convention record, and access to such a record may be provided in whole or in part, only if such record is maintained under the authority of the Immigration and Nationality Act [8 U.S.C. 1101 et seq.] and disclosure of, or access to, such record is permitted or required by applicable Federal law.

#### (2) Exception for administration of the Convention

A Convention record may be disclosed, and access to such a record may be provided, in whole or in part, among the Secretary, the Attorney General, central authorities, accredited agencies, and approved persons, only to the extent necessary to administer the Convention or this chapter.

#### (3) Penalties for unlawful disclosure

Unlawful disclosure of all or part of a Convention record shall be punishable in accordance with applicable Federal law.

#### (c) Access to non-Convention records

Disclosure of, access to, and penalties for unlawful disclosure of, adoption records that are not Convention records, including records of adoption proceedings conducted in the United States, shall be governed by applicable State law.

(Pub. L. 106–279, title IV, §401, Oct. 6, 2000, 114 Stat. 841.)

#### **Editorial Notes**

#### References in Text

The Immigration and Nationality Act, referred to in subsec. (b)(1), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.

This chapter, referred to in subsec. (b)(2), was in the original "this Act", meaning Pub. L. 106–279, Oct. 6, 2000, 114 Stat. 825, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 14901 of this title and Tables.

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

#### Effective Date

Subsec. (a) of this section effective Oct. 6, 2000, and subsecs. (b) and (c) of this section effective upon entry into force for the United States of the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, pursuant to Article 46(2)(a) of the Convention, with transition rule, see section 505 of Pub. L. 106–279, set out as an Effective Dates; Transition Rule note under section 14901 of this title.
EXHIBIT 32.2


                            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  PetCARE  Television
Network,  Inc. (the  "Company") on Form 10-QSB for the quarter  ending March 31,
2004 as filed with the Securities  and Exchange  Commission on May 14, 2004 (the
"Report"),  I, Donald R.  Mastropietro,  Chief Financial Officer of the Company,
certify,  pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 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; 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/ Donald R. Mastropietro
--------------------------
Donald R. Mastropietro
Chief Financial Officer
May 14, 2004


A signed  original of this  certification  has been  provided to the Company and
will be retained by the Company and  furnished  to the  Securities  and Exchange
Commission or its staff upon request.
#### § 230.410 Disclaimer of control.

If the existence of control is open to reasonable doubt in any instance, the registrant may disclaim the existence of control and any admission thereof; in such case, however, the registrant shall state the material facts pertinent to the possible existence of control.

[Reg. C, 12 FR 4073, June 24, 1947]
Part 526 - Other Socioeconomic Programs           **Parent topic:** General Services Administration Acquisition Manual
#### §§ 502.100-502.102 [Reserved]
#### Christine McNeil, Appellant, v Patsy Mohammed, Respondent.

[821 NYS2d 225]

In an action to impose a constructive trust, the plaintiff appeals from an order of the Supreme Court, Kings County (Harkavy, J.), dated December 7, 2005, which denied her motion for a preliminary injunction restraining the defendant, inter alia, from transferring or otherwise disposing of funds realized from the sale of certain real property.

Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Kings County, to fix an appropriate undertaking pursuant to CPLR 6312.

*830To establish entitlement to a preliminary injunction, a movant must establish (1) a probability of success on the merits, (2) irreparable harm in the absence of an injunction, and (3) a balance of the equities in favor of granting the injunction *(see Stockley v Gorelik,*24 AD3d 535, 536 [2005]; *Trimboli v Irwin,*18 AD3d 866, 866-867 [2005]). The plaintiff demonstrated a probability of success on her cause of action to impose a constructive trust by making a prima facie showing that (1) she had a relationship of trust and confidence with the defendant, who is her sister, (2) the defendant promised to hold the plaintiff’s alleged interest in certain realty in trust for the plaintiff, and to subsequently transfer that interest to the plaintiff, (3) in reliance on that promise, the plaintiff made most of the down payment on the subject realty and thereafter paid the mortgage thereon and for repairs thereto, and (4) absent a constructive trust, the defendant would be unjustly enriched *(see Sharp v Kosmalski,*40 NY2d 119, 121 [1976]; *Ruiz v Meloney,*26 AD3d 485, 486 [2006]; *Nastasi v Nastasi,*26 AD3d 32, 37 [2005]; *Maynor v Pellegrino,*226 AD2d 883, 885 [1996]; *Bashein v Landau,*96 AD2d 479 [1983]). Even when the facts are in dispute, “a court may find a likelihood of success on the merits; conclusive proof is not required” *(Ruiz v Meloney, supra*at 486). We note that here, the defendant did not oppose the motion, and thus did not dispute *any*of the facts alleged by the plaintiff. Indeed, as far as the record shows, the defendant failed to appear in the action.

In addition, the plaintiff demonstrated that she would suffer irreparable harm absent preliminary relief, and that a balance of the equities weighs in favor of granting the requested restraint.

We note that the Supreme Court erred in denying the motion on the ground that such relief had previously been denied, as there was no prior denial of such relief.

Thus, the Supreme Court should have granted the plaintiffs motion for a preliminary injunction. Crane, J.P., Luciano, Rivera and Lunn, JJ., concur.
### SUBCHAPTER I—LEAD-BASED PAINT HAZARD REDUCTION
IN THE SUPREME COURT OF PENNSYLVANIA

IN RE: DUTY ASSIGNMENT

SCHEDULE FOR EMERGENCY

PETITIONS IN THE YEAR 2016

:

:

:

No. 452

Judicial Administration

Docket

SECOND AMENDED ORDER

PER CURIAM:

AND NOW, this 11th day of August, 2016, it is hereby ordered that the amended 

order at No. 452 Judicial Administration Docket, amended March 24, 2016, listing 

emergency duty assignments is hereby amended as follows:

September Justice Christine Donohue (Eastern District)

Justice Sallie Updyke Mundy (Western District)

October Justice Debra Todd (Eastern District)

Justice Kevin Dougherty (Western District)

November Justice Max Baer (Eastern District)

Justice David Wecht (Western District)

December Justice Christine Donohue (Eastern District) 

Justice Sallie Updyke Mundy (Western District)
Subpart 5322.1 — BASIC LABOR POLICIES                         **Parent topic:** Part 5322 - Application of Labor Laws to Government Acquisitions5322.101-1 General       Contracting officers must involve the Regional Labor Advisors in all labor relation actions outlined in FAR Part 22, as required. AFI 64-106, *Air Force Industrial Labor Relations Activities*, identifies the Regional Labor Advisors and their assigned geographical areas.         (e) See MP5301.601(a)(i) regarding authority to designate contracts requiring contractors to report actual or potential labor disputes to the contracting activity in addition to the following:         (i) Construction contracts in excess of the simplified acquisition threshold (SAT);         (ii) Service contracts in excess of the SAT; and,         (iii) Any contract that contains the clause at FAR 52.222-1, *Notice to the Government of Labor Disputes*, (e.g., mission critical services).5322.101-3-70 Impact of Labor Disputes on Defense Programs       (b)(ii) See MP5301.601(a)(i).5322.103-4 Approvals       (a) The contracting officer is designated the agency approving official.
# 1 l ' LAW OFFICES OF 

## DOUGLAS, KELLY, 0STDIEK and 

## OsSIAN PHILIP M. KELLY JERALD L. OSTDIEK JASON A. OSSIAN DAVID P. BRODERICK* AMANDA M. VOGL *Also licensed in Colorado Email: jostdiek@scottsblufftaw.com a professional corporation
RICHAt_{l;> A. DOUGLAS (1945-2012)

June 4, 2014


### Via Email: Kevin.Schlemmer@dot.gov Kevin Schlemmer, Chief Essential Air Service and Domestic Analysis Division Office ofAviation Analysis Department ofTransportation 1200 NewJersey Avenue, SE Room W86-309 Washington, D.C. 20590 RE: WesternNebraska Regional

## A1ib.ort Dear Mr. Schlemmer: 1 05 East 16th Street

P.O. Box419 Scottsbluff, Nebraska 69363-0419 Telephone: (308) 632-7191



## ............... 248 Main Street Crawford, Nebraska 69339 Telephone: (308) 665-1169 Fax: (308) 635-1387

:•'**,,,~::**......

As you are aware, this office represents WesternNebraska Regional Airport, Scotts Bluff County, Nebraska. I appreciate you discussing this matter with me previously. I am writing this letter with regards to the Department of Transpmiation's determination of mileage for essential air service regarding Western Nebraska Regional Airport's mileage to the nearest hub. It is my understanding that the Department ofTransportation has determined the mileage from the city of Scottsbluff to Denver International Airport to be less than 210 miles. I have run numerous maps using the route designated in the April 24, 2006 letter from Norman Y. Minetato Congressman Osborne (a copy ofwhich is enclosed). All ofthese maps (enclosed) result in the distance between Scottsbluffand**Denv~r** International Airport as being greaterthan 210 miles. Please review and give me a call to discuss the reason for the discrepancy.

JLO:rlg Enclosure
cc: Darwin Skelton, Airport Manager Donald E. Overman, Board Chair Sincerely, DOUGLAS, KELLY, OSTDIEK and OSSIAN ', \1-·ofessional corporation ,

# --~··**~·d ee({c~:**  erald L. Ostdiek
### §18936. Neutron scattering

#### (a) Strategic plan for the Institute neutron reactor

The Director shall develop a strategic plan for the future of the NIST Center for Neutron Research after the current neutron reactor is decommissioned, including—

(1) a succession plan for the reactor, including a roadmap with timeline and milestones;

(2) conceptual design of a new reactor and accompanying facilities, as appropriate; and

(3) a plan to minimize disruptions to the user community during the transition.

#### (b) Coordination with the Department of Energy

The Secretary, acting through the Director, shall coordinate with the Secretary of Energy on issues related to Federal support for neutron science, including estimation of long-term needs for research using neutron sources, and planning efforts for future facilities to meet such needs.

#### (c) Report to Congress

Not later than 30 months after August 9, 2022, the Director shall submit to Congress the plan required under subsection (a), and shall notify Congress of any substantial updates to such plan in subsequent years.

(Pub. L. 117–167, div. B, title II, §10231, Aug. 9, 2022, 136 Stat. 1483.)
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 State

          - [Public Notice 4909] 

# ACTION:

Notice; correction. 

# SUMMARY:

                        On November 2, 2004, Notice was published in the                         **Federal Register**                         (volume 69, number 211, 63566) pertaining to the exhibition “Retratos: 2,000 Years of Latin American Portraits.” The referenced Notice is hereby corrected to include the San Diego Museum of Art, San Diego, California, as an exhibition venue from on or about April 16, 2005 to on or about June 12, 2005.                     

# FOR FURTHER INFORMATION CONTACT:

For further information contact Wolodymyr R. Sulzynsky, the Office of the Legal Adviser, Department of State, (telephone: 202/453-8050). The address is: Department of State, SA-44, and 301 4th Street, SW., Room 700, Washington, DC 20547-0001. 

Dated: November 17, 2004. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. 

[FR Doc. 04-26293 Filed 11-26-04; 8:45 am] 

BILLING CODE 4710-08-P
§ 242.810 Product filings by security-based swap execution facilities that are not yet registered and by dormant security-based swap execution facilities. ( a ) An applicant for registration as a security-based swap execution facility may submit a security-based swap's terms and conditions prior to listing the product as part of its application for registration.
( b ) Any security-based swap terms and conditions or rules submitted as part of a security-based swap execution facility's application for registration shall be considered for approval by the Commission at the time the Commission issues the security-based swap execution facility's order of registration.
( c ) After the Commission issues the order of registration, the security-based swap execution facility shall submit a security-based swap's terms and conditions, including amendments to such terms and conditions, new rules, or rule amendments pursuant to the procedures in §§ 242.804, 242.805, 242.806, and 242.807.
( d ) Any security-based swap terms and conditions or rules submitted as part of an application to reinstate the registration of a dormant security-based swap execution facility shall be considered for approval by the Commission at the time the Commission approves the reinstatement of registration of the dormant security-based swap execution facility.
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### § 200.58 Maintenance of independence.

This Commission has been established to administer laws enacted by the Congress. Its members are appointed by the President by and with the advice and consent of the Senate to serve terms as provided by law. However, under the law, this is an independent Agency, and in performing their duties, members should exhibit a spirit of firm independence and reject any effort by representatives of the executive or legislative branches of the government to affect their independent determination of any matter being considered by this Commission. A member should not be swayed by partisan demands, public clamor or considerations of personal popularity or notoriety; so also he should be above fear of unjust criticism by anyone.