alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 17
Editorial Note: Nomenclature changes to part 17 appear at 68 FR 24879, May 9, 2003, and at 88 FR 45065, July 14, 2023.

§ 17.39 Evidence. ( a ) The presiding officer shall determine the admissibility of evidence.
( b ) Except as provided in this part, the presiding officer shall not be bound by the “Federal Rules of Evidence.” However, the presiding officer may apply the “Federal Rules of Evidence” when appropriate, e.g., to exclude unreliable evidence.
( c ) The presiding officer shall exclude evidence that is not relevant or material.
( d ) Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or by considerations of undue delay or needless presentation of cumulative evidence.
( e ) Relevant evidence may be excluded if it is privileged under Federal law.
( f ) Evidence of furnishing or offering or promising to furnish, or accepting or offering or promising to accept, a valuable consideration in settling or attempting to settle a civil money penalty assessment which was disputed as to either validity or amount, is not admissible to prove liability for or invalidity of the civil money penalty or its amount. Evidence of conduct or statements made in settlement negotiations is likewise not admissible. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of settlement negotiations. This rule also does not require exclusion when the evidence is offered for another purpose, such as proving bias or prejudice of a witness or opposing a contention of undue delay.
( g ) The presiding officer may in his or her discretion permit the parties to introduce rebuttal witnesses and evidence.
( h ) All documents and other evidence offered or taken for the record shall be open to examination by all parties, unless otherwise ordered by the presiding officer pursuant to § 17.28.
Editorial Note on Part 14
Editorial Note: Nomenclature changes to part 14 appear at 88 FR 45065, July 14, 2023.

§ 14.31 Consultation by an advisory committee with other persons. ( a ) A committee may confer with any person who may have information or views relevant to any matter pending before the committee.
( b ) An interested person may submit to the committee a written request that it confer with specific persons about any matter pending before the committee. The request is to contain adequate justification. The committee may, in its discretion, grant the request.
( c ) A committee may confer with a person who is not a Federal Government executive branch employee only during the open portions of a meeting. The person may, however, submit views in writing to the committee as part of the administrative record under § 14.70. The person may participate at the closed portions of a meeting only if appointed as a special Government employee by the Commissioner as provided in paragraph (e) of this section. This paragraph (c) is not intended to bar the testimony of a person during a closed portion of a meeting about matters prohibited from public disclosure under §§ 14.25(c) and 14.27(c).
( d ) To prevent inadvertent violation of Federal conflict of interest laws and laws prohibiting disclosure of trade secrets (18 U.S.C. 208, 21 U.S.C. 331(j), 18 U.S.C. 1905), Federal executive branch employees who are not employees of the Department may not confer, testify, or otherwise participate (other than as observers) at any portion of an advisory committee meeting unless they are appointed as special Government employees by the Commissioner under paragraph (e) of this section. this paragraph does not apply to Federal executive branch employees who are appointed as members of TEPRSSC, as provided in § 14.127.
( e ) The Commissioner may appoint persons as special Government employees to be consultants to an advisory committee. Consultants may be appointed to provide expertise, generally concerning a highly technical matter, not readily available from the members of the committee. Consultants may be either from outside the Government or from agencies other than the Food and Drug Administration. Reports, data, information, and other written submissions made to a public advisory committee by a consultant are part of the administrative record itemized in § 14.70.
[44 FR 22351, Apr. 13, 1979, as amended at 55 FR 42703, Oct. 23, 1990]
<PAGE>
                                                                    EXHIBIT 23.2

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (No. 333-61494 and 333-64858) and Form S-8 (Nos.
333-33122, 333-44598, 333-64637 and 333-86303) of Level 8 Systems, Inc. of our
report dated February 18, 2000 relating to the financial statements for the year
ended December 31, 1999, which appears in this Form 10-K.

PricewaterhouseCoopers LLP
McLean, Virginia
March 27, 2002
#### In the Matter of Michael Catalano, Petitioner, v. Mitchell D. Schweitzer, as a Judge of the Supreme Court of the State of New York, County of New York, Respondent.

Unanimously ordered that the mandate is confirmed and the petition dismissed, without costs and without disbursements. No opinion. Concur—Stevens, P. J., Eager, Capozzoli and Tilzer, JJ.
UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION . 

OFFICE OF HEARINGS 

WASHINGTON, DC 

V,iiTMENT OF 

•i'T'ORWiON 

-.; r.-ii-lAl:Oiio 

TRAVEL GROUP, INC., D/B/A REPUBLIC AIR TRAVEL 

AND SCOT SPENCER 

AIRLIFT GROUP, INC. 

AND RICHARD BERNARD 

Unauthorized Air Transportation, Unfair and Deceptive 

Practices and Unfair Methods of Competition, and 

Violations of Public Charter Rules 

EXPRESS ONE INTERNATIONAL, INC. 

Unfair and Deceptive Practices and Unfair Methods of 

Competition, and Violations of Public Charter Rules 

Enforcement Proceeding 

DOT-OST-1995-272 

formerly 

Docket 49233 

STATUS REPORT 

The Office of the Assistant General Counsel for Aviation Enforcement and 

Proceedings {"Enforcement Office"), pursuant to Your Honor's March 22, 2006, Order 

staying this proceeding, files this report detailing the current status of this proceeding and 

settlement negotiations. 

The Department has not ruled on the outstanding motions filed by Respondents 

and opposed by the Enforcement Office in Ascend Aviation Group. Docket OST-2004-

17486. 
There have been no further settlement discussions. 

Date: February 25, 2011. 

Respectfully submitted. 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

Dayton Lehman, Jr. 

Deputy Assistant General Counsel for 

Aviation Enforcement and Proceedings 

doAM 

William J. Wagner 

Senior Triaf-A^te 

United States Department of Transportation 

Office of Aviation Enforcement and Proceedings 

1200 New Jersey Avenue, S.E. 

Room 96-429 

Washington, D.C. 20590 

TEL: 202-366-9342 

FAX: 202-366-7152 
Docket No. DOT-OST-1995-272 

I hereby certify that on this 25th day of February, 2011, a true and correct copy of the 

foregoing Status Report was served in the following manner to the following: 

Original 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20590 

By Personal Service 

The Honorable Ronnie A Yoder 

Chief Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

East Building Ground Floor 

Room El2-320 

Washington, D.C. 20590 

TEL: (202) 366-2142 

FAX: (202) 366-7536 

Bv First Class Mail 

Scot Spencer 

SBD Aircraft Services 

255 S Leland Norton Way 

Sam Bernardino, CA 92408
#### Ascona Cie., Anstalt, Appellant, v. Herbert O. Horn, Defendant, and Dino Fazio, Respondent. (Action No. 1.) Cantatti Finanziari Cinematografici S. A., Appellant, v. Herbert O. Horn, Defendant, and Dino Fazio, Respondent. (Action No. 2.) (And Three Other Actions.)

Order entered March 21, 1968, unanimously modified on the law and the facts and in the exercise of discretion to the extent of granting the branch of the motion for a protective order and vacating the notice of the examination of plaintiffs, and as so modified affirmed, without costs or disbursements, and without prejudice to an application for the examination of plaintiffs on written questions. The requirement that representatives of plaintiffs — corporations of Lichtenstein and Switzerland — travel 3,000 miles for examination before trial is onerous. *(Winds*v. *Hydropress,*279 App. Div. 1005.) Should defendant apply for the examination of plaintiffs on written questions, the order therefor shall provide that in the event plaintiffs’ representatives or officers come to this country for the trial or any other purpose, they shall promptly notify defendant and make themselves available for examination, and if plaintiffs’ officers or representatives attend for trial, then they shall submit for examination not later than 5 days before the date of trial. *(Zilken*v. *Leader,*23 A D 2d 644.) Concur — Stevens, P. J., Capozzoli, McGivern, Markewieh and McNally, JJ.
Exhibit No. 99.1


REPRESENTATIONS  OF  ARTHUR  ANDERSEN  LLP


Securities and Exchange Commission
Washington, DC

Arthur Andersen LLP has represented to BNCCORP,  Inc. that its audit was subject
to  Andersen's  quality  control  system for the U.S.  accounting  and  auditing
practice to provide  reasonable  assurance  that the engagement was conducted in
compliance with professional standards, that there was appropriate continuity of
Andersen  personnel  working on the audit and  availability  of national  office
consultation. Availability of personnel at foreign affiliates of Andersen is not
relevant to this audit.


/s/ Brenda L. Rebel
 -----------------------------------
Brenda L. Rebel
Chief Financial Officer
(Principal Accounting Officer)
Exhibit
32.2

CERTIFICATION OF
PRINCIPAL FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350

In
connection with the accompanying Quarterly Report on Form 10-Q of Velocity
Asset Management, Inc. for the three months ended March 31, 2008, I, James J.
Mastriani, Chief Financial Officer of Velocity Asset Management, Inc., do
hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1)
such Quarterly Report on Form 10-Q for the three months ended March 31, 2008,
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 such Quarterly Report on Form 10-Q for the three
months ended March 31, 2008, fairly presents, in all material respects, the
financial condition and results of operations of Velocity Asset Management,
Inc.

| |                        
| | -----------------------
| | /s/ James J. Mastriani 
| |                        
| | James J. Mastriani     
| | Chief Financial Officer

May 23, 2008

---
Editorial Note on Part 118
Editorial Note: Nomenclature changes to part 118 appear at 81 FR 49896, July 29, 2016.

§ 118.9 Administration of the Salmonella Enteritidis (SE) prevention plan. You must have one or more supervisory personnel, who do not have to be on-site employees, to be responsible for ensuring compliance with each farm's SE prevention plan. This person must have successfully completed training on SE prevention measures for egg production that is equivalent to that received under a standardized curriculum recognized by the Food and Drug Administration or must be otherwise qualified through job experience to administer the SE prevention measures. Job experience will qualify this person to perform these functions if it has provided knowledge at least equivalent to that provided through the standardized curriculum. This person is responsible for: ( a ) Development and implementation of an SE prevention plan that is appropriate for your specific farm and meets the requirements of § 118.4;
( b ) Reassessing and modifying the SE prevention plan as necessary to ensure that the requirements in § 118.4 are met; and
( c ) Review of records created under § 118.10. This person does not need to have performed the monitoring or created the records.
#### UNITED STATES of America, Plaintiff—Appellee, v. Kelon Renardo HARDIN, Defendant—Appellant.

No. 04-4808.

United States Court of Appeals, Fourth Circuit.

Submitted Sept. 30, 2005.

Decided Oct. 18, 2005.

*268Andrew D. Grimes, Andrew D. Grimes, P.A., North Charleston, South Carolina, for Appellant. Jonathan S. Gasser, Acting United States Attorney, Rhett DeHart, Assistant United States Attorney, Charleston, South Carolina, for Appellee.

Before MICHAEL, TRAXLER, and KING, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Kelon Renardo Hardin was convicted on several federal drug and firearms charges and, on resentencing, the district court imposed an aggregate sentence of 528 months’ imprisonment. The district court also specified an identical alternate sentence of 528 months pursuant to this court’s recommendation in *United States v. Hammoud,*378 F.3d 426 (4th Cir.2004) (order), *opinion issued by,*381 F.3d 316, 353-54 (4th Cir.2004) (en banc), *cert. granted and judgment vacated,*— U.S. -, 125 S.Ct. 1051, 160 L.Ed.2d 997 (2005).

Hardin appeals, challenging the constitutionality of his sentence in light of the Supreme Court’s decision in *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). Hardin specifically argues that his sentence was unconstitutionally enhanced based on findings by the court, rather than the jury. He also contends that the alternate sentence is unreasonable, because the district court did not consider the relevant factors before imposing the sentence.

Because the alternate sentence the district court pronounced in the event the federal sentencing guidelines were invalidated was identical to the sentence imposed under the federal sentencing guidelines as they existed at that time, we conclude that any error resulting from the district court’s determination of Hardin’s sentence under a mandatory sentencing guideline regime was harmless. *See Booker,*125 S.Ct. at 769. We note that, contrary to Hardin’s assertion, the district court did consider the factors in 18 U.S.C.A. § 3553(a) (West 2000 & Supp.2005), before imposing the alternate sentence. Therefore, we affirm Hardin’s sentence. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*AFFIRMED*
Exhibit 99.1

Statement of Chief Executive Officer

Pursuant to Section 1350 of Title 18 of the United States Code

 

Pursuant to Section 1350 of Title 18 of the United States Code, I, Robert D. Parks, the Chief Executive Officer of Inland Monthly Income Fund, L.P. (the "Company"), hereby certify that:

(1) I have reviewed the Quarterly Report on Form 10-Q of the Company (the "Report") to which this statement is an Exhibit;

(2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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

 

 

/S/____________________________________

Name: Robert D. Parks

Title: Chief Executive Officer

Date: August 2, 2002
#### § 1271.26 When must I amend my establishment registration?

If the ownership or location of your establishment changes, or if there is a change in the United States agent's name, address, telephone number, or email address, you must submit an amendment to registration within 30 calendar days of the change.

[81 FR 60224, Aug. 31, 2017]
Editorial Note on Part 172
Editorial Note: Nomenclature changes to part 172 appear at 61 FR 14482, Apr. 2, 1996; 66 FR 56035, Nov. 6, 2001; 66 FR 66742, Dec. 27, 2001; 68 FR 15355, Mar. 31, 2003; 70 FR 40880, July 15, 2005; 70 FR 67651, Nov. 8, 2005; 70 FR 72074, Dec. 1, 2005; and 81 FR 49896, July 29, 2016.

§ 172.275 Synthetic paraffin and succinic derivatives. Synthetic paraffin and succinic derivatives identified in this section may be safely used as a component of food, subject to the following restrictions: ( a ) The additive is prepared with 50 percent Fischer-Tropsch process synthetic paraffin, meeting the definition and specifications of § 172.615, and 50 percent of such synthetic paraffin to which is bonded succinic anhydride and succinic acid derivatives of isopropyl alcohol, polyethylene glycol, and polypropylene glycol. It consists of a mixture of the Fischer-Tropsch process paraffin (alkane), alkyl succinic anhydride, alkyl succinic anhydride isopropyl half ester, dialkyl succinic anhydride polyethylene glycol half ester, and dialkyl succinic anhydride polypropylene glycol half ester, where the alkane (alkyl) has a chain length of 30-70 carbon atoms and the polyethylene and polypropylene glycols have molecular weights of 600 and 260, respectively.
( b ) The additive meets the following specifications: Molecular weight, 880-930; melting point, 215°-217 °F; acid number, 43-47; and saponification number, 75-78.
( c ) It is used or intended for use as a protective coating or component of protective coatings for fresh grapefruit, lemons, limes, muskmelons, oranges, sweetpotatoes, and tangerines.
( d ) It is used in an amount not to exceed that required to produce the intended effect.
# L_2018292EN.01000201.xml

| 19.11.2018 | EN | Official Journal of the European Union | L 292/2 |
| --- | --- | --- | --- |

19.11.2018

EN

Official Journal of the European Union

L 292/2

---

COMMISSION IMPLEMENTING REGULATION (EU) 2018/1781

of 16 November 2018

amending Council Regulation (EC) No 1210/2003 concerning certain specific restrictions on economic and financial relations with Iraq

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EC) No 1210/2003 of 7 July 2003 concerning certain specific restrictions on economic and financial relations with Iraq and repealing Regulation (EC) No 2465/96 (1), and in particular Article 11(b) thereof,

Whereas:

| (1) | Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation. |
| --- | --- |

(1)

Annex III to Regulation (EC) No 1210/2003 lists public bodies, corporations and agencies and natural and legal persons, bodies and entities of the previous government of Iraq covered by the freezing of funds and economic resources that were located outside Iraq on the date of 22 May 2003 under that Regulation.

| (2) | On 13 November 2018, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply. |
| --- | --- |

(2)

On 13 November 2018, the Sanctions Committee of the United Nations Security Council decided to remove one entry from the list of persons or entities to whom the freezing of funds and economic resources should apply.

| (3) | Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly, |
| --- | --- |

(3)

Annex III to Regulation (EC) No 1210/2003 should therefore be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Annex III to Regulation (EC) No 1210/2003 is amended as set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 16 November 2018.

For the Commission,

On behalf of the President,

Head of the Service for Foreign Policy Instruments

---

(1)  
  OJ L 169, 8.7.2003, p. 6.

1

---

ANNEX

In Annex III to Council Regulation (EC) No 1210/2003, the following entry is deleted:

| ‘104. | RAFIDAIN COMPANY FOR BUILDING DAMS (alias STATE ORGANIZATION FOR DAMS). Addresses: (a) Saddoun St., Baghdad, Iraq; (b) P.O. Box 5982, Al-Masbah, Baghdad, Iraq.’ |
| --- | --- |

‘104.

---
H. Res. 792 

In the House of Representatives, U. S., 

December 10, 2018. 

Whereas Roberto Clemente was an American baseball legend 

who embodied the values of a model citizen; 

Whereas Roberto Clemente won two Major League Baseball 

World Series Championships, was named World Series 

Most Valuable Player, and was an All-Star for 12 seasons; 

Whereas Roberto Clemente served this Nation as a United 

States Marine Corps Reservist; 

Whereas Roberto Clemente was the first Puerto Rican inducted into the Baseball Hall of Fame; 

Whereas Roberto Clemente was inducted into the Marine 

Corps Sports Hall of Fame; 

Whereas Roberto Clemente was committed to caring and 

helping those in need, regardless of their location; 

Whereas Roberto Clemente selflessly chose to travel to an 

earthquake-ridden Nicaragua to provide humanitarian 

aid; 

Whereas Roberto Clemente’s plane crashed shortly after taking off from Isla Verde International Airport/Aeropuerto 

Internacional de Isla Verde on December 31, 1972; 
2 

•HRES 792 EH 

Whereas Roberto Clemente was only 38 years old when he 

tragically passed away; 

Whereas Roberto Clemente’s passion and advocacy demonstrated the positive influence that professional athletes 

could have in improving the lives of others; 

Whereas Roberto Clemente challenged the stereotypes that 

had marginalized native Spanish speakers in this Nation 

and remains an icon to many Puerto Ricans and Latinos 

in the United States and Latin America; 

Whereas Major League Baseball presents an annual Roberto 

Clemente Award to the player that best embodies Roberto 

Clemente’s value of service to others and represents the 

game of baseball through extraordinary character, community involvement, philanthropy, and positive contributions, both on and off the field; 

Whereas Roberto Clemente was posthumously awarded the 

Presidential Medal of Freedom, Presidential Citizens 

Medal, and the Congressional Gold Medal for his civic 

and charitable contributions; and 

Whereas the crash site in the adjacent area to Playa Aviones 

in the municipality of Loı ́za, Puerto Rico, was the last 

place where Roberto Clemente graced this world: Now, 

therefore, be it 

Resolved, That the House of Representatives requests 

that the Secretary of the Interior recognize the crash site of 
3 

•HRES 792 EH 

Roberto Clemente’s airplane and the adjacent land by adding 

such site to the National Register of Historic Places. 

Attest: 

Clerk.
**MEDIALINK WORLDWIDE INCORPORATED AND      SUBSIDIARIES**

|                         |   |   |                                          |
|------------------------------|--------|--------|-----------------------------------------------|
| Dated: August 15, 2005  |   |   |                                          |
|                         |   |   |                                          |
|                         |   |   |                                          |
|                         |   |   | /s/ Laurence                Moskowitz    |
|                              |   |   | Name:                Laurence Moskowitz       |
|                         |   |   | Title:                Chief Executive Officer |

|   |   |   |                                                                                      |
|--------|--------|--------|-------------------------------------------------------------------------------------------|
|   |   |   |                                                                                      |
|   |   |   | /s/ J.                Graeme McWhirter                                               |
|        |   |   | Name:                J. Graeme McWhirter                                                  |
|   |   |   | Title:                Executive Vice President and Chief Financial                Officer |

----