alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §2207. Claim settlements; reports to Congress

The Commission, acting on behalf of the United States, is authorized to consider, ascertain, adjust, determine, settle, and pay, any claim for money damage of $5,000 or less against the United States for bodily injury, death, or damage to or loss of real or personal property resulting from any detonation, explosion, or radiation produced in the conduct of any program undertaken by the Commission involving the detonation of an explosive device, where such claim is presented to the Commission in writing within one year after the accident or incident out of which the claim arises: Provided, however, That the damage to or loss of property, or bodily injury or death, shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agents, or employees. Any such settlement under the authority of this section shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. If the Commission considers that a claim in excess of $5,000 is meritorious and would otherwise be covered by this section, the Commission may report the facts and circumstances thereof to the Congress for its consideration.

(Aug. 1, 1946, ch. 724, title I, §167, as added Aug. 30, 1954, ch. 1073, §1, 68 Stat. 952; amended Pub. L. 87–206, §14, Sept. 6, 1961, 75 Stat. 478; renumbered title I, Pub. L. 102–486, title IX, §902(a)(8), Oct. 24, 1992, 106 Stat. 2944.)

#### **Editorial Notes**

#### Amendments

1961—Pub. L. 87–206 substituted "any program undertaken by the Commission involving the detonation of an explosive device" for "the Commission's program for testing atomic weapons" and authorized the Commission to report meritorious claims in excess of $5,000 to the Congress.
Exhibit 32.1





CERTIFICATIONS OF


CHIEF EXECUTIVE OFFICER AND TREASURER


PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF SARBANES-OXLEY ACT OF 2002








In connection with the quarterly report on Form 10-Q of Capital Beverage Corporation (the "Company") for the quarter ended June 30, 2010 (the "Report"), I, Carmine N. Stella, hereby certify in my capacity as Chief Executive Officer of the Company, pursuant to 18 U.S.C. Section 1350 as adopted


pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge and belief:





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





2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated:  August 20, 2010
By:
/s/ /s/ Carmine N. StellaCarmine N. StellaPresident, Chief Executive Officer andPrincipal Accounting Officer
§ 1004.5 Procedures for announcing meetings. ( a ) In the case of each meeting, the IAF shall make public, at least one week before the meeting, of the time, place and subject matter of the meeting, whether it is to be open or closed to the public, and the name and phone number of the official designated by the IAF to respond to requests for information about the meeting. Such announcement shall be made unless a majority of the Board of Directors of the IAF determines by a recorded vote that the IAF requires that such a meeting be called at an earlier date, in which case the IAF shall make public announcement of the time, place and subject matter of such meeting and whether open or closed to the public, at the earliest practical time.
( b ) Immediately following the public announcement, the IAF will submit notice for publication in the Federal Register.
( c ) The IAF shall also make public the announcement by other reasonable means, accessible to the public.
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 Defense

###### Department of the Army; Corps of Engineers

# AGENCY:

Department of the Army, U.S. Army Corps of Engineers, DoD.

# ACTION:

Notice of open meeting. 

# SUMMARY:

In accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. The meeting is open to the public.

*Name of the Committee:*                         Chief of Engineers Environmental Advisory Board (EAB).                    

*Date:*                         November 19, 2004.                    

*Location:*                         Adam's Mark Buffalo/Niagera Hotel, 120 Church Street, Buffalo, New York 14202 (716) 845-5100.                    

*Time:*                         9 a.m. to 12 p.m.                    

# FOR FURTHER INFORMATION CONTACT:

Mr. Norman Edwards, Headquarters, U.S. Army Corps of Engineers, Washington, DC 20314-1000; Ph: 202-761-1934.

# SUPPLEMENTARY INFORMATION:

The Board advises the Chief of Engineers on environmental policy, identification and resolution of environmental issues and missions, and addressing challenges, problems and opportunities in an environmentally sustainable manner. The EAB will visit the Buffalo area prior to the meeting to gain a better perspective of the water resources issues and challenges in the region. The public meeting will, however, focus on general issues of national significance rather than on individual project or region related topics. The intent of this meeting is to present an opportunity for the Chief of Engineers to receive the views of his EAB. Time will be provided for public comment. Each speaker will be limited to no more than three minutes in order to accommodate as many people as possible within the limited time available.

Brenda S. Bowen, 

Army Federal Register Liaison Officer.

[FR Doc. 04-24636  Filed 11-3-04; 8:45 am]

BILLING CODE 3710-92-M
#### § 124.16 [Reserved]
#### §§ 144.141-144.148 [Reserved]
§ 1104.6 Notification to Indian tribes of possible harm to, or destruction of, sites on public lands having religious or cultural importance. ( a ) If the issuance of a permit under this part may result in harm to, or destruction of, any Indian tribal religious or cultural site on public lands, as determined by the Commissioner, at least 30 days before issuing such a permit the Commissioner shall notify any Indian tribe which may consider the site as having religious or cultural importance. Such notice shall not be deemed a disclosure to the public for purposes of section 9 of the Act. ( 1 ) Notice by the Commissioner to any Indian tribe shall be sent to the chief executive officer or other designated official of the tribe. Indian tribes are encouraged to designate a tribal official to be the focal point for any notification and discussion between the tribe and the Commissioner.
( 2 ) The Commissioner may provide notice to any other Native American group that is known by the Commissioner to consider sites potentially affected as being of religious or cultural importance.
( 3 ) Upon request during the 30-day period, the Commissioner may meet with official representatives of any Indian tribe or group to discuss their interests, including ways to avoid or mitigate potential harm or destruction such as excluding sites from the permit area. Any mitigation measures which are adopted shall be incorporated into the terms and conditions of the permit under § 1104.8.
( 4 ) When the Commissioner determines that a permit applied for under this part must be issued immediately because of an imminent threat of loss or destruction of an archaeological resource, the Commissioner shall so notify the appropriate tribe.
( b ) ( 1 ) In order to identify sites of religious or cultural importance, the Commissioner shall seek to identify all Indian tribes having aboriginal or historic ties to the lands under the Commissioner's jurisdiction and seek to determine, from the chief executive officer or other designated official of any such tribe, the location and nature of specific sites of religious or cultural importance so that such information may be on file for land management purposes. Information on site eligible for or included in the National Register of Historic Places may be withheld from public disclosure pursuant to section 304 of the Act of October 15, 1966, as amended (16 U.S.C. 470w-3).
( 2 ) If the Commissioner becomes aware of a Native American group that is not an Indian tribe as defined in this part but has aboriginal or historic ties to public lands under the Commissioner's jurisdiction, the Commissioner may seek to communicate with official representatives of that group to obtain information on sites they may consider to be of religious or cultural importance.
( 3 ) The Commissioner may enter into agreement with any Indian tribe or other Native American group for determining locations for which such tribe or group wishes to receive notice under this section.
#### The People of the State of New York, Respondent, v John Clinkscales, Appellant.

[716 NYS2d 260]

—Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contentions concerning the questioning of himself and his wife on cross-examination by the prosecutor *(see,*CPL 470.05 [2]), and we decline to exercise our power to review those contentions as a matter of discretion *931in the interest of justice *(see,*CPL 470.15 [6] [a]). Defendant contends that County Court erred in allowing the prosecutor to impeach her own witness with statements allegedly made by the witness to the prosecutor outside court *(see,*CPL 60.35). Although that contention was preserved for our review by a timely objection, no prejudice resulted because the witness did not admit making those statements and no independent proof of those statements was offered *(see,*CPL 470.05 [1]). In this nonjury case, the court is presumed to have considered only competent evidence in reaching the verdict *(see, People v Limpert,*186 AD2d 1005, *lv denied*81 NY2d 764; *People v Marcano,*157 AD2d 533; *People v Robinson,*143 AD2d 376, 377, *lv denied*73 NY2d 789), and there is no basis in this record to conclude that the court did otherwise *(see, People v Concepcion,*266 AD2d 227, *lv denied*94 NY2d 917). Finally, we conclude that defendant received meaningful representation *(see, People v Baldi,*54 NY2d 137, 147). (Appeal from Judgment of Erie County Court, Rogowski, J. — Assault, 2nd Degree.) Present— Pigott, Jr., P. J., Wisner, Kehoe and Balio, JJ.
#### The People of the State of New York, Plaintiff, v. Sylvester Adams, Defendant.

Motion by defendant to vacate order dated May 21, 1951, dismissing Ms appeal from a judgment of conviction; and for other relief. Motion denied. It appears that prior to said dismissal defendant had not moved to dispense with printing or for leave to prosecute the appeal as a poor person (cf. *People*v. *Curry,*14 A D 2d 564). Beldock, P. J., Christ, Hill, Rabin and Hopkins, JJ., concur.
§ 201.37 Delegations of authority. ( a ) The Commission may by order delegate authority to take final action on matters pertaining to the Equal Access to Justice Act in particular cases.
( b ) Unless the Commission shall order otherwise, applications for awards of fees and expenses made pursuant to this subject shall be assigned by the Chief Administrative Law Judge to an administrative law judge for determination.
[54 FR 53051, Dec. 27, 1989]
I I I 

:tt=: 

FEMA 529SC 9/2014 


ll1'~±if! mi 

m-.R.=fM~~~Q~gB#~~~l' 

llt*~~, it~r~l' 

FEMA
#### UNITED STATES of America, Plaintiff-Appellee v. Antonio GOMEZ-DIAZ, Defendant-Appellant.

No. 05-50127

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 6, 2007.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office, San Antonio, TX, for Plaintiff-Appellee.

Leon Schydlower, El Paso, TX, for Defendant-Appellant.

Before DeMOSS, DENNIS, and OWEN, Circuit Judges.

*197PER CURIAM: *

Court-appointed counsel for Antonio Gomez-Diaz (Gomez) has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Gomez has been deported and has not filed a response to counsel’s motion. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED in part as frivolous, *see*5th Cir. R. 42.2, and in part as moot.

*

 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. the limited circumstances set forth in 5th Cir. R. 47.5.4.
#### § 39.50 Scope.

The provisions of this subpart D apply to any derivatives clearing organization that is registered through the process described in § 39.3(a)(3) of this part or as otherwise provided by order of the Commission.
**Exhibit 32.1**

** **

**CERTIFICATION OF CHIEF EXECUTIVEOFFICER PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED (Pursuant to Section 906of the Sarbanes-Oxley Act of 2002)**

** **

HaroldG. Giomi certifies as follows:

 

1.               I am the Chief ExecutiveOfficer of The Bank Holdings.

 

2.               The Form 10-Q of TheBank Holdings for the Quarter Ended September 30, 2008 fully complies withthe requirements of section 13(a) of the Securities Exchange Act of 1934and the information contained in the report on Form 10-Q fairly presents,in all material respects, the financial condition and results of operations ofThe Bank Holdings.

 

 
| Date:  | November 10,  2008 |                                         | /s/ Harold G. Giomi |
|--------|-------------------------|----------------------------------------------|---------------------|
|   |                    | THE  BANK HOLDINGS                           |
|   |                    | Harold  G. Giomi                             |
|   |                    | Chairman &  Chief Executive Officer |

 

----
§ 123.25 Amendments to licenses. ( a ) The Directorate of Defense Trade Controls may approve an amendment to a license for permanent export, temporary export and temporary import of unclassified defense articles. A suggested format is available from the Directorate of Defense Trade Controls.
( b ) The following types of amendments to a license will be considered: Addition of U.S. freight forwarder or U.S. consignor; change due to an obvious typographical error; change in source of commodity; and change of foreign intermediate consignee if that party is only transporting the equipment and will not process (e.g., integrate, modify) the equipment. For changes in U.S. dollar value see § 123.23.
( c ) The following types of amendments to a license will not be approved: Additional quantity, changes in commodity, country of ultimate destination, end-use or end-user, foreign consignee and/or extension of duration. The foreign intermediate consignee may only be amended if that party is acting as freight forwarder and the export does not involve technical data. A new license is required for these changes. Any new license submission must reflect only the unshipped balance of quantity and dollar value.
[58 FR 39299, July 22, 1993, as amended at 71 FR 20542, Apr. 21, 2006; 77 FR 22671, Apr. 17, 2012]
§ 1422.1 Who may file petitions. ( a ) A petition for exclusive recognition may be filed by a labor organization requesting an election to determine whether it should be recognized as the exclusive representative of employees of the Department in the unit described in 22 U.S.C. 4112 or should replace another labor organization as the exclusive representative of employees in such unit.
( b ) A petition for any election to determine if a labor organization should cease to be the exclusive representative because it does not represent a majority of employees in the unit described in 22 U.S.C. 4112 may be filed by an employee or employees or an individual acting on behalf of any employee(s).
( c ) A petition seeking to clarify a matter relating to representation may be filed by the Department where the Department has a good faith doubt, based on objective considerations, that the currently recognized or certified labor organization represents a majority of the employees in the unit described in 22 U.S.C. 4112.
( d ) A petition for clarification of the unit described in 22 U.S.C. 4112 or for amendment of recognition or certification may be filed by the Department or by a labor organization which is currently recognized by the Department as the exclusive representative.
( e ) A petition for determination of eligibility for dues allotment may be filed by a labor organization in accordance with 22 U.S.C. 4118(c).
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4888

_____________________________

HERBERT LEE BUTLER,

Petitioner,

v.

DEPARTMENT OF CORRECTIONS,

Respondent.

_____________________________

Petition for Writ of Certiorari—Original Jurisdiction.

March 5, 2019

PER CURIAM.

The petition for writ of certiorari is denied on the merits.

MAKAR, WINOKUR, and M.K. THOMAS, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Herbert Lee Butler, pro se, Petitioner.

Kenneth S. Steely, General Counsel, and Gayla Grant, Assistant 

General Counsel, Tallahassee, for Respondent.
U.S. DEPARTMENT OF ENERGY

PUBLIC MEETING ON TEST PROCEDURES FOR CONVENTIONAL 

COOKING PRODUCTS

U.S. Department of Energy

1000 Independence Avenue, SW.

Washington, DC 20585

Monday, March 4, 2013

9:00 am – 11:15 am ET, Room 8E-089

Purpose

The Department will present its proposed amendments to the conventional cooking 

products test procedure, which would allow for testing products with induction cooking 

technology. The Department also will seek input from stakeholders on its proposed 

amendments.

Agenda

9:00-9:15 am Welcome, Opening Remarks, and Agenda Review

Doug Brookman

9:15-9:20 am Regulatory History

9:20-9:30 am Covered Products

9:30-10:30 am Active Mode Test Procedure

10:30-10:45 am Standby and Off Mode Test Procedure

10:45-11:00 am Compliance with EPCA Requirements

11:00-11:15 am Other Issues and Comments, Closing Remarks

11:15 am Adjourn
#### § 1502.8 Exemptions.

The categories of records maintained by the Foundation which may be exempted from disclosure are described in 5 U.S.C. 552(b).
#### §§ 1005.152-1005.159 [Reserved]
#### § 144.111 Notice.

The agency shall make available to employees, applicants, participants, beneficiaries, and other interested persons such information regarding the provisions of this part and its applicability to the programs or activities conducted by the agency, and make such information available to them in such manner as the head of the agency finds necessary to apprise such persons of the protections against discrimination assured them by section 504 and this regulation.
Jeffrey M. Harper 

FAA Office of Regional Counsel 

1601 Lind Avenue Southwest 

Renton, Washington 98057 

Todd C. Emerson 

SkyWest Airlines, Inc. 

444 South River Road 

St. George, Utah 84 790 

T (425) 227-2161 T (435) 634-3530 

F (425) 227-1007 

In the Matters of: 

F (435) 634-3505 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

FAA Case No. 2012NM060030 

DMS No. FAA-2014-0322 

FAA Case No. 2014WP910006 

DMS No. FAA-2014-0686 

FAA Case No. 2012NM060029 

DMS No. FAA-2014-0809 

SkyWest Airlines, Inc. FAA Case No. 2012NM060123 

DMS No. FAA-2014-0810 

FAA Case No. 2013NM060083 

DMS No. FAA-2014-0811 

FAA Case No. 2015WP910079 

DMS No. FAA-2016-4267 

· Honorable Douglas M, Rawald ·· 

· · Joint•Motionto StayProceedings 

In accordance with 14 C.P.R. § 13.218(a), the parties jointly bring this Motion to Stay 

Proceedings. 

The parties have begun negotiating a global settlement.to all pending cases involving 

Respondent Sky West. Due to the complexity of the issues involved, the negotiations are 

expected to last some time. Accordingly, the parties request the court stay the proceedings 

listed in the caption until the parties notifY the court'they hav'e reached a settlement or that 

negotiations have broken down. 
Respectfully submitted this 31" day of March, 2016. 

Digitally signed 

by JEFFREY M 

HARPER 

---······~-Date:-20.16.03.30 

J. M. Harper 14:10:73 -07'00' 

Attorney for Complaman1' 

Joint Motion to Stay P'roc:eedtngs 

In t11e Matters of SkyWest Air!i 1les. Inc. 

DMS Nos. FM 2014·0322, ·0686, 0809, 

e:l810, ·0811, FM-2016-???? 

Pi!ge2or 3 

Jeffrey M, Halve:r, FAA Attorney 

Federal Avlet~on AdminisHatiof1 

T (425)227·2161 

F (425) 227-:1.007 

Tc•dd C. Ernerson 

SKyWest A\r!Jnes, In:::., 

T (4.35) 634 353.0 

F (43bi 634 3505 
CERTIFICATE OF SERVICE 

I hereby certifY that the foregoing Joint Motion to Stay Proceedings has been served via 

facsimile and Certified Mail- Return Receipt Requested this date, to the following: 

The Honorable Douglas M. Rawald 

Office of Hearings, M-20 

1200 New Jersey Avenue, S.E. (El 1-310) 

Washington, DC 20590 

Fax: (202) 366-7536 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Suite 2WIOOO 

Federal Aviation Administration 

800 Independence Avenue SW 

Washington, DC 20591 

Fax: (202) 267-1293 

Dated this 31" day of March, 2016. 

Joint Motion to Stay Proceedings 

J

'efferey kamb oigitallysignedby ' jefferey.kamberg@faa.gov 

@f DN: cn=jefferey.kamberg@faa.gov erg a a, gov Date; 2016.03.31 09:24:44 -07'00' 

JeffKamberg 

Legal Technician 

Federal Aviation Administration 

Office of the Chief Counsel 

Enforcement Division-Western Team 

1601 Lind Ave. SW 

Renton, W A 98057 

(425) 227-2925 

In the Matters of SkyWest Airlines, Inc. 

DMS Nos. FAA-2014-0322, -0686, -0809, 

Jeffrey M. Harper, FAA Attorney 

Federal Aviation Administration 

T (425) 227-2161 

-0810, -0811, FAA-2016-4267 

Page 3 of 3 

F (425) 227-1007 

Todd C. Emerson 

SkyWest Airlines, Inc. 

T (435) 634-3530 

F (435) 634-3505