alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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.

§ 240.13d-6 Exemption of certain acquisitions. ( a ) The acquisition of securities of an issuer by a person who, prior to such acquisition, was a beneficial owner of more than five percent of the outstanding securities of the same class as those acquired shall be exempt from section 13(d) of the Act; provided, that: ( 1 ) The acquisition is made pursuant to preemptive subscription rights in an offering made to all holders of securities of the class to which the preemptive subscription rights pertain;
( 2 ) Such person does not acquire additional securities except through the exercise of such person's pro rata share of the preemptive subscription rights; and
( 3 ) The acquisition is duly reported, if required, pursuant to section 16(a) of the Act and the rules and regulations thereunder in this part.
( b ) A group shall be deemed not to have acquired any equity securities beneficially owned by the other members of the group solely by virtue of their concerted actions relating to the purchase of equity securities directly from an issuer in a transaction not involving a public offering; provided, that: ( 1 ) All the members of the group are persons specified in § 240.13d-1(b)(1)(ii);
( 2 ) The purchase is in the ordinary course of each member's business and not with the purpose nor with the effect of changing or influencing control of the issuer, nor in connection with or as a participant in any transaction having such purpose or effect, including any transaction subject to § 240.13d-3(b);
( 3 ) There is no agreement among or between any members of the group to act together with respect to the issuer or its securities except for the purpose of facilitating the specific purchase involved; and
( 4 ) The only actions among or between any members of the group with respect to the issuer or its securities subsequent to the closing date of the non-public offering are those which are necessary to conclude ministerial matters directly related to the completion of the offer or sale of the securities.
[88 FR 76984, Nov. 7, 2023]
#### The People of the State of New York, Respondent, v Michael Edwards, Appellant.

[717 NYS2d 520]

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered on or about September 18, 1997, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no non-frivolous points which could be raised on this appeal.

Pursuant to CPL 460.20, defendant has the right to apply for leave to appeal to the Court of Appeals by making application to the Chief Judge of that Court and by submitting such application to the Clerk of that Court or to a Justice of the Appellate Division of the Supreme Court of this Department on reasonable notice to the respondent within thirty (30) days after service of a copy of this order, with notice of entry.

Denial of the application for permission to appeal by the Judge or Justice first applied to is final and no new application may thereafter be made to any other Judge or Justice. Concur — Sullivan, P. J., Rosenberger, Tom, Wallach and Andrias, JJ.
#### Continental and Commercial Trust and Savings Bank, administrator of the estate of Harold S. Kneeland, deceased, appellee, v. Chicago and West Towns Railway Company, appellant.

Gen. No. 27,714.

Action for wrongful death caused by negligent operation of defendant’s car. Judgment for plaintiff. Appeal from the Superior Court of Cook county; the Hon. Joseph B. David, Judge, presiding. *609Heard in the Branch Appellate Court at the March term, 1922.

Reversed with finding of facts.

Opinion filed November 8, 1922.

Rehearing denied November 21, 1922.

Willard M. McEwen, for appellant. Quin O’Brien, for appellee.

Mr. Justice Morrill

delivered the opinion of the court.
#### § 131.1 Certification of documents.

The Authentication Officer, Acting Authentication Officer, or any Assistant Authentication Officer designated by either of the former officers may, and is hereby authorized to, sign and issue certificates of authentication under the seal of the Department of State for and in the name of the Secretary of State or the Acting Secretary of State. The form of authentication shall be as follows:

In testimony whereof, I, ____________________, Secretary of State have hereunto caused the seal of the Department of State to be affixed and my name subscribed by the Authentication Officer, Acting Authentication Officer, or an Assistant Authentication Officer, of the said Department, at________. in ____________, this ________________ day of ________________ 19____

(Secretary of State)

By

(____________________ Authentication Officer, Department of State)

(22 U.S.C. 2651a)

[61 FR 39585, July 30, 1996]
§ 120.34 Public domain. ( a ) *Public domain* means information which is published and which is generally accessible or available to the public: ( 1 ) Through sales at newsstands and bookstores;
( 2 ) Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information;
( 3 ) Through second class mailing privileges granted by the U.S. Government;
( 4 ) At libraries open to the public or from which the public can obtain documents;
( 5 ) Through patents available at any patent office;
( 6 ) Through unlimited distribution at a conference, meeting, seminar, trade show, or exhibition, generally accessible to the public, in the United States;
( 7 ) Through public release (*i.e.,* unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. Government department or agency (see also § 125.4(b)(13) of this subchapter); or
( 8 ) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if: ( i ) The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity; or
( ii ) The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.
( b ) [Reserved]
### §§1975e, 1975f. Omitted

#### **Editorial Notes**

#### Codification

Sections 1975e and 1975f were omitted in the general amendment of this chapter by Pub. L. 103–419.

Section 1975e, Pub. L. 98–183, §7, Nov. 30, 1983, 97 Stat. 1307; Pub. L. 101–180, §2(1), Nov. 28, 1989, 103 Stat. 1325; Pub. L. 102–167, §3, Nov. 26, 1991, 105 Stat. 1101; Pub. L. 102–400, §2, Oct. 7, 1992, 106 Stat. 1955, authorized appropriations to carry out this chapter. See section 1975c of this title.

A prior section 1975e, Pub. L. 85–315, pt. I, §106, Sept. 9, 1957, 71 Stat. 636; Pub. L. 90–198, §2, Dec. 14, 1967, 81 Stat. 582; Pub. L. 91–521, §3, Nov. 25, 1970, 84 Stat. 1356; Pub. L. 92–64, Aug. 4, 1971, 85 Stat. 166; Pub. L. 92–496, §6, Oct. 14, 1972, 86 Stat. 814; Pub. L. 94–292, §2, May 27, 1976, 90 Stat. 524; Pub. L. 95–132, §2, Oct. 13, 1977, 91 Stat. 1157; Pub. L. 95–444, §7, Oct. 10, 1978, 92 Stat. 1068; Pub. L. 96–81, §3, Oct. 6, 1979, 93 Stat. 642; Pub. L. 96–447, §2, Oct. 13, 1980, 94 Stat. 1894, related to authorization of appropriations for this chapter. See Codification note set out preceding section 1975 of this title.

Section 1975f, Pub. L. 98–183, §8, Nov. 30, 1983, 97 Stat. 1307; Pub. L. 101–180, §2(2), Nov. 28, 1989, 103 Stat. 1325; Pub. L. 102–167, §4, Nov. 26, 1991, 105 Stat. 1101, provided termination date for this chapter. See section 1975d of this title.
###### Editorial Note on Part 249

#### Editorial Note:

Nomenclature changes to part 249 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 249.445 [Reserved]
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 PetCARE  Television  Network,
Inc. (the "Company") on Form 10-QSB for the quarter ending September 30, 2004 as
filed with the  Securities  and  Exchange  Commission  on November 14, 2004 (the
"Report"), I, Philip M. Cohen, Chief Executive 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/ PHILIP M. COHEN
-----------------------
Philip M. Cohen
Chief Executive Officer
November 12, 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.
#### The People of the State of New York, Respondent, v Bobby Hayes, Appellant.

[820 NYS2d 895]

Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered January 23, 2003, convicting him of criminal sale of a firearm in the third degree (two counts) and criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (DeRiggi, J.), of that branch of the defendant’s omnibus motion which was to suppress a statement he made to law enforcement officials.

Ordered that the judgment is affirmed.

The arresting officer had probable cause to arrest the defendant based on his own observations at the time of the offense *(see People v Clarke,*13 AD3d 551 [2004]; *People v Wright,*8 AD3d 304 [2004]), and pursuant to the fellow officer rule *(see People v Ketcham,*93 NY2d 416 [1999]; *People v Hartman,*294 AD2d 446 [2002]).

Further, the trial court properly denied that branch of the defendant’s omnibus motion which was to suppress a statement he made to the arresting officer. The defendant’s statement was not the product of police interrogation, but was a spontaneous iterance *(see People v Rivers,*56 NY2d 476 [1982]; *People v Leftenant,*22 AD3d 603 [2005]). In addition, obtaining the state-t violate the defendant’s right to counsel, as no demsel exists, and thus, the police could internt outside the presence of his counsel, who him on an unrelated criminal matter *(see*(2d 331 [1990]; *see also People v Steward,*; *People v Middleton,*180 AD2d 761 [1992]).

*1048The defendant’s contention that the evidence was legally insufficient to establish his guilt of criminal sale of a firearm in the third degree (counts one and two) and criminal possession of a weapon in the third degree (count four) is unpreserved for appellate review (see CPL 470.05 [2]; *People v Gray,*86 NY2d 10 [1995]; *cf. People v Soto,*8 AD3d 683 [2004]). In any event, viewing the evidence in the light most favorable to the prosecution (see *People v Contes,*60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses *(see People v Gaimari,*176 NY 84, 94 [1903]). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record *(see People v Garafolo,*44 AD2d 86, 88 [1974]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence *(see*CPL 470.15 [5]).

The sentence imposed was not excessive *(see People v Suitte,*90 AD2d 80 [1982]).

The defendant’s remaining contentions raised in point III of his main brief and in point I of his supplemental pro se brief are without merit. Adams, J.P., Krausman, Fisher and Dillon, JJ., concur.
Page 1 of 3

Disposition Comments

Docket No: FAA-2013-0307 These comments are in

Directorate ID: 2012-SW-079-AD response to an SNPRM

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required.

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list latest revision and attach a copy. Note that changes beyond the scope of the previously 

published NPRM will require a new notice. Contact the Directorate focal point for guidance.

Instructions: Summarize all comments by issue (not by commenter) and provide your recommended resolution of 

each issue. All comments relating to the same issue should be discussed together. Do not list all of the issues 

from one commenter together. If changes to the AD are required based on the comments received, explain why and 

describe in detail what change(s) you recommend. Reference FAA-IR-M-8040.1C Chapter 9.

ISSUE 1: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

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If YES, we agree because Make the following changes to the AD: 

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Make the following changes to the AD:
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Signature Section

Signature indicates concurrence with this action.

Originating Office Tracking No.: 

ASE Printed Name: Date

Branch Manager Date
§ 41.14 Transition period for indexes that cease being narrow-based security indexes. ( a ) Forty-five day tolerance provision. An index that is a narrow-based security index that becomes a broad-based security index for no more than 45 business days over 3 consecutive calendar months shall be a narrow-based security index.
( b ) Transition period for indexes that cease being narrow-based security indexes for more than forty-five days. An index that is a narrow-based security index that becomes a broad-based security index for more than 45 business days over 3 consecutive calendar months shall continue to be a narrow-based security index for the following 3 calendar months.
( c ) Trading in months with open interest following transition period. After the transition period provided for in paragraph (b) of this section ends, a national securities exchange may continue to trade only in those months in the security futures product that had open interest on the date the transition period ended.
( d ) Definition of calendar month. Calendar month means, with respect to a particular day, the period of time beginning on a calendar date and ending during another month on a day prior to such date.
### §286a–1. Library facilities

The Administrator of General Services may acquire, by purchase, condemnation, donation, or otherwise, a suitable site or sites, selected by the Secretary in accordance with the direction of the Board, for suitable and adequate buildings and facilities for use of the Library and to erect thereon, furnish, and equip such buildings and facilities. Amounts appropriated to carry out this section may be used for the cost of preparation of drawings and specifications, supervision of construction, and other administrative expenses incident to the work. The Administrator of General Services shall prepare the plans and specifications, make all necessary contracts, and supervise construction.

(July 1, 1944, ch. 373, title IV, §467, as added Pub. L. 99–158, §2, Nov. 20, 1985, 99 Stat. 859; amended Pub. L. 109–482, title I, §103(b)(38), Jan. 15, 2007, 120 Stat. 3688.)

#### **Editorial Notes**

#### Amendments

2007—Pub. L. 109–482 substituted "for suitable and adequate buildings and facilities for use of the Library" for "for such buildings and facilities" and "Amounts appropriated to carry out this section may be used for" for "The amounts authorized to be appropriated by this section include" and struck out first sentence which read as follows: "There are authorized to be appropriated amounts sufficient for the erection and equipment of suitable and adequate buildings and facilities for use of the Library."

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

#### Effective Date of 2007 Amendment

Amendment by Pub. L. 109–482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as a note under section 281 of this title.
#### § 1306.17 Non-waiver of rights by payments.

So long as there are no statutory or contractual provisions to the contrary, no employee payment (of all or a portion of a debt) collected under this part will be interpreted as a waiver of any rights that the employee may have under 5 U.S.C. 5514.
#### The People of the State of New York, Respondent, v. Louis Nash, Appellant.

Motion for leave to dispense with printing granted. The appeal will be heard on the original papers (including the typed minutes) and on a typewritten brief. The appellant is directed to file five copies of his typewritten brief and to serve one copy thereof on the District Attorney. The appellant’s time to perfect the appeal is enlarged to the January 1961 Term; appeal ordered to be placed on the calendar for said January 1961 Term. Motion for assignment of counsel granted. Anthony F. Marra, Esq., 100 Centre Street, New *1034York 13, New York, is assigned as counsel to prosecuate the appeal. Nolan, P. J., Beldock, Ughetta, Kleinfeld and Christ, JJ., concur.
§ 1422.7 Agreement for consent election. ( a ) All parties desiring to participate in an election being conducted pursuant to this section or § 1422.16, including intervenors who have met the requirements of § 1422.5, must sign an agreement providing for such an election on a form prescribed by the Board. An original and one (1) copy of the agreement shall be filed with the Regional Director.
( b ) The Department, a petitioner, and any intervenors who have complied with the requirements set forth in § 1422.5 may agree that a secret ballot election shall be conducted among the employees in the unit to determine whether the employees desire to be represented for purposes of exclusive recognition by any or none of the labor organizations involved.
( c ) The parties shall agree on the eligibility period for participation in the election, the date(s), hour(s), and place(s) of the election, the designations on the ballot and other related election procedures.
( d ) In the event that the parties cannot agree on the matters contained in paragraph (c) of this section, the Regional Director, acting on behalf of the Board, shall decide these matters without prejudice to the right of a party to file objections to the procedural conduct of the election under § 1422.20(b).
( e ) If the Regional Director approves the agreement, the election shall be conducted by the Department, as appropriate, under the supervision of the Regional Director, in accordance with § 1422.17.
( f ) Any qualified intervenor who refuses to sign an agreement for an election may express its objections to the agreement in writing to the Regional Director. The Regional Director, after careful consideration of such objections, may approve the agreement or take such other action as the Regional Director deems appropriate.
§ 41.24 Rule amendments to security futures products. ( a ) *Self-certification of rules and rule amendments by designated contract markets and registered derivatives clearing organizations.* A designated contract market or registered derivatives clearing organization may implement any new rule or rule amendment relating to a security futures product by submitting to the Commission at its Washington, DC headquarters, either in electronic or hard-copy form, to be received by the Commission no later than the day prior to the implementation of the rule or rule amendment, a filing that: ( 1 ) Is labeled “Security Futures Product Rule Submission;'
( 2 ) Includes a copy of the new rule or rule amendment;
( 3 ) Includes a certification that the designated contract market or registered derivatives clearing organization has filed the rule or rule amendment with the Securities and Exchange Commission, if such a filing is required;
( 4 ) If the board of trade is a designated contract market pursuant to section 5 of the Act or is a registered derivatives clearing organization pursuant to section 5b of the Act, it includes the documents and certifications required to be filed with the Commission pursuant to § 40.6 of this chapter, including a certification that the security futures product complies with the Act and rules thereunder; and
( 5 ) Includes a copy of the submission cover sheet in accordance with the instructions in appendix D of part 40.
( 6 ) Includes a request for confidential treatment as permitted under the procedures of § 40.8.
( b ) *Voluntary submission of rules for Commission review and approval.* A designated contract market or a registered derivatives clearing organization clearing security futures products may request that the Commission approve any rule or proposed rule or rule amendment relating to a security futures product under the procedures of § 40.5 of this chapter, *provided however,* that the registered entity shall include the certifications required by § 41.22 with its submission under § 40.5 of this chapter. Notice designated contract markets may not request Commission approval of rules.
[66 FR 55083, Nov. 1, 2001, as amended at 69 FR 67507, Nov. 18, 2004; 74 FR 17394, Apr. 15, 2009; 77 FR 66344, Nov. 2, 2012]