alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Notices]
[Pages 80819-80820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27380]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-201-076 (Extension)]


Large Residential Washers: Extension of Action

Determination

    On the basis of the information in this investigation, the United 
States International Trade Commission (``Commission'') determines, 
pursuant to section 204(c) of the Trade Act of 1974 (``the Act'') (19 
U.S.C. 2254(c)), that action under section 203 of the Act with respect 
to imports of large residential washers continues to be necessary to 
prevent or remedy serious injury and that there is evidence that the 
domestic large residential washers industry is making a positive 
adjustment to import competition.

Background

    Following receipt of a petition filed on behalf of Whirlpool 
Corporation, Benton Harbor, Michigan, the Commission, effective August 
3, 2020, instituted Investigation No. TA-201-076 (Extension) under 
section 204(c) of the Act to determine whether the action taken by the 
President under section 203 of the Act with respect to large 
residential washers and covered parts, provided for in subheadings 
8450.20.00, 8450.11.00, 8450.90.60, and 8450.90.20 of the Harmonized 
Tariff Schedule of the United States (HTS), continues to be necessary 
to prevent or remedy serious injury and whether there is evidence that 
the domestic industry is making a positive adjustment to import 
competition.
    Notice of the institution of the Commission's investigation and of 
a public hearing to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing 
notice in the Federal Register on August 12, 2020 (85 FR 48724). In 
light of the restrictions on access to the Commission building due to 
the COVID-19 pandemic, the

[[Page 80820]]

Commission conducted its hearing by video conference on November 5, 
2020. All persons who requested the opportunity were permitted to 
participate.
    The Commission transmitted its determination in this investigation 
to the President on December 8, 2020. The views of the Commission are 
contained in USITC Publication 5144 (December 2020), entitled Large 
Residential Washers: Extension of Action, Investigation No. TA-201-076 
(Extension).

    By order of the Commission.

    Issued: December 8, 2020.
Lisa Barton,
Secretary to the Commission.
[FR Doc. 2020-27380 Filed 12-11-20; 8:45 am]
BILLING CODE P
### §1323. Service of notice in Board proceedings

(a) Designation of Agent.—A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent on whom service of notices in a proceeding before, and of actions of, the Board may be made.

(b) Filing and Changing Designations.—A designation under subsection (a) shall be in writing and filed with the Board. The designation may be changed at any time in the same manner as originally made.

(c) Service of Notice.—Except as otherwise provided, notices of the Board shall be served on its designated agent at the office or usual place of residence of that agent. A notice of action of the Board shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.

(d) Special Rule for Rail Carriers.—In a proceeding involving the lawfulness of classifications, rates, or practices of a rail carrier that has not designated an agent under this section, service of notice of the Board on an attorney in fact for the carrier constitutes service of notice on the carrier.

(Added Pub. L. 104–88, title II, §201(a), Dec. 29, 1995, 109 Stat. 937, §723; renumbered §1323 and amended Pub. L. 114–110, §§3(a)(5), 8(a), Dec. 18, 2015, 129 Stat. 2228, 2232.)

#### **Editorial Notes**

#### Amendments

2015—Pub. L. 114–110, §3(a)(3), renumbered section 723 of this title as this section.

Subsec. (a). Pub. L. 114–110, §8(a)(1), struck out "in the District of Columbia," after "designate an agent".

Subsec. (c). Pub. L. 114–110, §8(a)(2), struck out "in the District of Columbia" after " usual place of residence".
#### The People of the State of New York, Respondent, v Donald J. Robinson, Appellant.

[833 NYS2d 814]

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered November 26, 1996. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and robbery in the first degree.

*1267It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a plea of guilty of burglary in the first degree (Penal Law § 140.30 [3]) and robbery in the first degree (§ 160.15 [3]), defendant contends that he was denied his right to effective assistance of counsel because, inter alia, each of the three assistant public defenders who represented him during the proceedings failed to request a mental competency examination pursuant to CPL article 730. That contention does not survive either the plea of guilty or defendant’s waiver of the right to appeal because “ ‘[tjhere is no showing that the plea bargaining process was infected by [the] allegedly ineffective assistance or that defendant entered the plea because of his attorneyt’s] allegedly poor performance’ ” *(People v Barnes,*32 AD3d 1250, 1251 [2006]; *see People v Leonard,*37 AD3d 1148 [2007]).

In any event, we conclude that defendant received meaningful representation *(see generally People v Ford,*86 NY2d 397, 404 [1995]). The record establishes that his attorneys were familiar with the facts of his case and the relevant law *(see People v Droz,*39 NY2d 457, 462 [1976]). The record further establishes that defendant understood the proceedings against him, assisted in his own defense, was experienced with the criminal justice system, and had taken his medication at the time of the plea. “ ‘A history of prior mental illness or treatment does not itself call into question defendant’s competence’ . . . [, and t]here is no indication in the record that defendant was unable to understand the proceedings or that he was mentally incompetent at the time he entered his guilty plea” *(People v Williams,*35 AD3d 1273, 1275 [2006]). Thus, defendant was not denied effective assistance of counsel based on the failure of his attorneys to request a mental competency examination *(see People v Douglas,*26 AD3d 522, 524 [2006], *lv denied*7 NY3d 847 [2006]). Finally, the fact that 10 years elapsed before defendant’s appeal was perfected is unrelated to the representation received by defendant in connection with the entry of his plea. Present— Scudder, P.J., Hurlbutt, Green and Pine, JJ.
#### § 56.18020 Working alone.

No employee shall be assigned, or allowed, or be required to perform work alone in any area where hazardous conditions exist that would endanger his safety unless he can communicate with others, can be heard, or can be seen.
<PAGE>
                                                                  EXHIBIT 10.28
January 25, 2000

Phillip Radlick, Ph.D.
President/CEO
Cardima Incorporated
47266 Benicia Street
Fremont, CA  94538

Dear Phil:

Attached to this letter agreement is an executed distribution agreement between
Cardima Incorporated ("Cardima") and St. Jude Medical, Inc. ("St. Jude").  In
conjunction with the effectiveness of this distribution agreement, St. Jude
agrees as follows:

1.  Subject to the conditions precedent that follow, St. Jude will invest three
    million dollars ($3,000,000) in the equity of Cardima ("the Investment") at
    such time as the conditions precedent are satisfied;

2.  St. Jude will not be obligated to make the Investment unless and until
    Cardima has legally binding commitments for at least an additional six
    million dollar equity investment from third parties to be funded at the same
    time as the St. Jude investment ("the Financing Round");

3.  St. Jude will agree to a valuation for the Investment equal to the valuation
    at which the remainder of the Financing Round commits, up to a maximum share
    price of $2.50/share, so long as the investors providing at least 50% of the
    Financing Round are "independent" of Cardima (i.e. not directly or
    indirectly under Cardima's control);

4.  At the sole discretion of St. Jude, and subject to appropriate and
    sufficient Cardima collateral being provided, in the event that sufficient
    funds are committed to the subject Financing Round, St. Jude will provide up
    to one (out of the three) million dollars of bridge financing, if necessary
    to carry Cardima to the closing of the Financing Round; and,

5.  In the event that the Financing Round has not been funded and completed as
    specified above on or before March 31, 2000, all of St. Jude's obligations
    set forth herein shall terminate.
<PAGE>

I look forward to hearing from you as the Financing Round progresses, and to our
mutual success pursuant to the Distribution Agreement.

Best regards,

/s/ Robert Cohen

Robert Cohen



AGREED TO AND
ACCEPTED BY:

/s/ Phillip Radlick
-------------------------------
Phillip Radlick
President/CEO
Cardima Incorporated
#### Optic Plus Enterprises, Limited, Appellant, v Bausch & Lomb Incorporated et al., Respondents.

(Appeal No. 1.)

[833 *1286NYS2d

Motion for leave to appeal to the Court of Appeals granted. Present—Gorski, J.P., Martoche, Smith, Green and Pine, JJ.
### §141. Collection, preparation and publication

The Archivist of the United States, hereinafter referred to in this chapter as the "Archivist", shall continue to completion the work of collecting, editing, copying, and suitably arranging for issuance as a Government publication, the official papers relating to the Territories from which States of the United States were formed, in the national archives, as listed in Parker's "Calendar of Papers in Washington" Archives Relating to the Territories of the United States (to 1873)", being publication numbered 148 of the Carnegie Institution of Washington, together with such additional papers of like character which may be found.

(Added Oct. 31, 1951, ch. 655, §12, 65 Stat. 713; amended Pub. L. 98–497, title I, §107(f), Oct. 19, 1984, 98 Stat. 2292.)

#### **Editorial Notes**

#### Amendments

1984—Pub. L. 98–497 substituted "Archivist of the United States" and "Archivist" for "Administrator of General Services" and "Administrator", respectively.

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

#### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of Title 44, Public Printing and Documents.

#### Similar Provisions; Repeal; Saving Clause; Delegation of Functions; Transfer of Property and Personnel

See note preceding this section.
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.832 Additional safety equipment—subsea trees. ( a ) You must equip all tubing installations that have a wireline- or pump down-retrievable subsurface safety device installed after May 31, 1988, with a landing nipple, with flow couplings, or other protective equipment above and below it to provide for the setting of the device.
( b ) The control system for all surface-controlled SSSVs must be an integral part of the platform ESD.
( c ) In addition to the activation of the ESD by manual action on the platform, the system may be activated by a signal from a remote location.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS CONSOLIDATED SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THIS QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD ENDED JUNE 30, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                      17,987,000
<SECURITIES>                                48,618,000
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                            68,792,000
<PP&E>                                       6,218,000
<DEPRECIATION>                             (1,799,000)
<TOTAL-ASSETS>                              80,691,000
<CURRENT-LIABILITIES>                       28,058,000
<BONDS>                                         81,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        31,000
<OTHER-SE>                                  52,521,000
<TOTAL-LIABILITY-AND-EQUITY>                80,691,000
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                            53,410,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                           (50,860,000)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                       (50,860,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                              (50,860,000)
<EPS-BASIC>                                     (1.73)
<EPS-DILUTED>                                   (1.73)


</TABLE>
#### In the Matter of Lewis Moore, an Attorney, Respondent. Association of the Bar of the City of New York, Petitioner.

First Department,

June 14, 1962.

*461
      *Eric Nightingale*for petitioner.

*Satterlee, Warfield & Stephens*for respondent.

*Per Curiam.*

In this disciplinary proceeding the respondent was admitted to practice on November 2, 1942 at a term of the Appellate Division of the Supreme Court of the State of New York, First Judicial Department. On October 27, 1961 he was convicted by a jury of a violation of section 222 of the Penal Law, a felony under Now York State law. In consequence of such conviction, and pursuant to subdivision 4 of section 90 of the Judiciary Law, the respondent has ceased to be an attorney and counselor at law or to be competent to practice law in this State. Accordingly, the respondent should be disbarred from the practice of law. *(Matter of Ginsberg,*1 N Y 2d 144.)

Rabin, J. P., Valente, McNally, Stevens and Eager, JJ., concur.

Respondent struck from the roll of attorneys and counselors at law in the State of New York pursuant to subdivision 4 of section 90 of the Judiciary Law of the State of New York.
### §41503. Establishing joint prices for through routes provided by State authorized carriers

Subject to sections 41309 and 42111 of this title, a citizen of the United States providing transportation under section 41101(b) of this title may make an agreement with an air carrier or foreign air carrier for joint prices for that transportation. The joint prices agreed to must be the lowest of—

(1) the sum of the applicable prices for—

(A) the part of the transportation provided in the State and approved by the appropriate State authority; and

(B) the part of the transportation provided by the air carrier or foreign air carrier;

(2) a joint price established and filed under section 41504 of this title; or

(3) a joint price prescribed by the Secretary of Transportation under section 41507 of this title.

(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1132.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 41503 | 49 App.:1371(d) (4)(A)(ii) (related to joint rates, fares), (B). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §401(d) (4)(A)(ii) (related to joint rates, fares), (B); added Nov. 9, 1977, Pub. L. 95–163, §9, 91 Stat. 1281; restated Oct. 24, 1978, Pub. L. 95–504, §9, 92 Stat. 1713. |
| | 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |

Section

In this section, before clause (1), the words "Notwithstanding any other provision of this chapter" are omitted as surplus. The words "a citizen of the United States providing transportation under section 41101(b) of this title" are substituted for "any citizen of the United States who undertakes, within any State, the carriage of persons or property as a common carrier for compensation or hire with aircraft capable of carrying thirty or more persons pursuant to authority for such carriage within such State granted by the appropriate State agency" for clarity and because of the restatement of 49 App.:1371(d)(4)(A)(i) and (ii) (related to joint services) in section 41101(b) of the revised title. The words "the establishment of" are omitted as surplus.
#### § 550.1403 What is the maximum civil penalty?

The maximum civil penalty is $54,352 per day per violation.

[89 FR 4818, Jan. 25, 2024]
§ 47.83 Disclosure in a medical emergency. ( a ) Upon request and regardless of the existence of a written statement of need or a confidentiality agreement, the operator must immediately disclose the identity of a trade secret chemical to the treating health professional when that person determines that— ( 1 ) A medical emergency exists, and
( 2 ) The identity of the hazardous chemical is necessary for emergency or first-aid treatment.
( b ) The operator may require a written statement of need and confidentiality agreement in accordance with the provisions of § 47.84 and § 47.85 as soon as circumstances permit.
§ 56.4104 Combustible waste. ( a ) Waste materials, including liquids, shall not accumulate in quantities that could create a fire hazard.
( b ) Until disposed of properly, waste or rags containing flammable or combustible liquids that could create a fire hazard shall be placed in covered metal containers or other equivalent containers with flame containment characteristics.
##### 



Page 9 of 26 Exhibit 99(a) KEYCORP STUDENT LOAN TRUST 2004-A OFFICERS CERTIFICATE JPMorgan Chase Bank, N.A., ELT
    
    Deutsche Bank Trust Company Americas, IT4 New York Plaza, 6th Floor
    
    60 Wall Street, 26th Floor-MS NYC60-2606New York, NY 10004
    
    New York, NY 10007Attn: ITS  Global Debt
    
    Attn: Corporate Trust & Agency GroupPhone: (212) 623-5427
    
    Structured FinanceFax: (212) 623-5933
    
    Phone: (212) 250-8522Fax: (212) 797-8606KeyBank National Association800 Superior Ave, 4th FloorCleveland, Ohio 44114ATTN: President, KERPhone: (216) 828-4293Fax: (216) 828-9301Key Consumer Receivables LLCc/o KeyBank National Association800 Superior Ave, 4th FloorCleveland, Ohio 44114ATTN: President, KERPhone: (216) 828-4293Fax: (216) 828-9301
 Pursuant to Section 4.09 of the Sale and Servicing Agreement among Key Consumer Receivables LLC, as
Depositor, KeyBank National Association successor in interest to Key Bank USA, National Association
as Master Servicer and Administrator, KeyCorp Student Loan Trust 2004-A Trust, as Issuer, JPMorgan
Chase Bank, N.A., as successor in interest to Bank One, National Association, not in its individual
capacity but solely as Eligible Lender Trustee, dated as of August 12, 2004 (the Agreement), the
undersigned hereby certifies that (i) a review of the activities of the Master Servicer from the
inception of the Trust through December 31, 2004, and of its performance under the Agreement has
been made, and (ii) to the best of our knowledge, based on our review, the Master Servicer has
fulfilled all its obligations under the Agreement throughout such period. KeyBank National Association,successor in interest toKey Bank USA, National Association,as Master Servicerby: /S/ DANIEL G. SMITHDate: February 18, 2005
    
    Name: Daniel G. SmithTitle: Senior Vice Presidentby: /S/ DARLENE DIMITRIJEVSName: Darlene DimitrijevsTitle: Senior Vice President
Electronically Filed 

Supreme Court 

SCWC-29597 

28-DEC-2010 

10:51 AM NO. SCWC-29597
 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I 

COMPUSA STORES, L.P., Respondent/Appellant-Appellant,
 

vs.
 

STATE OF HAWAI'I, DEPARTMENT OF TAXATION,


Petitioner/Appellee-Appellee.
 

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
 

(ICA NO. 29597; TAX APPEAL CASE NO. 05-0065)
 

ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
 1
 (By: Recktenwald, J., for the court )


Petitioner/Appellee-Appellee State of Hawai'i, 

Department of Taxation’s application for writ of certiorari filed
 

on November 22, 2010, is hereby accepted.
 

DATED: Honolulu, Hawai'i, December 28, 2010. 

Hugh R. Jones and Damien A.


Elefante, Deputy Attorneys


General, on the application


for petitioner/appelleeappellee.
 

Ray K. Kamikawa and Leroy E.


Colombe (Chun, Kerr, Dodd,


Beaman & Wong) on the


response for respondent/


appellant-appellant.
 

FOR THE COURT: 

Associate Justice 

1
 Considered by: Recktenwald, C.J., Nakayama, Acoba, and Duffy, JJ., and


Circuit Judge Lee, assigned due to a vacancy.
<PAGE>

                                                                   Page 16 of 16

                                                                    EXHIBIT 99.1

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

  I, Alfred A. Molinari, certify, pursuant to 18 U.S.C. Section 1350, as adopted
  pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
  Report of Data Translation, Inc. on Form 10-QSB for the quarterly period ended
  August 31, 2002 fully complies with the requirements of Section 13(a) or 15(d)
  of the Securities Exchange Act of 1934 and that information contained in such
  Form 10-QSB fairly presents in all material respects the financial condition
  and results of operations of Data Translation, Inc.

  By:  /s/ Alfred A. Molinari

  Name:  Alfred A. Molinari
  Title:  Chief Executive Officer

  I, Michael A. DiPoto, certify, pursuant to 18 U.S.C. Section 1350, as adopted
  pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
  Report of Data Translation, Inc. on Form 10-QSB for the quarterly period ended
  August 31, 2002 fully complies with the requirements of Section 13(a) or 15(d)
  of the Securities Exchange Act of 1934 and that information contained in such
  Form 10-QSB fairly presents in all material respects the financial condition
  and results of operations of Data Translation, Inc.

  By:  /s/ Michael A. DiPoto

  Name:  Michael A. DiPoto
  Title:  Chief Financial Officer
#### § 56.7053 Moving hand-held drills.

Before hand-held drills are moved from one working area to another, air shall be turned off and bled from the hose.