alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Presidential Documents]
[Page 6113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2486]




                        Presidential Documents 



Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / 
Presidential Documents

[[Page 6113]]


                Executive Order 13497 of January 30, 2009

                
Revocation of Certain Executive Orders Concerning 
                Regulatory Planning and Review

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered that:

                Section 1. Executive Order 13258 of February 26, 2002, 
                and Executive Order 13422 of January 18, 2007, 
                concerning regulatory planning and review, which 
                amended Executive Order 12866 of September 30, 1993, 
                are revoked.

                Sec. 2. The Director of the Office of Management and 
                Budget and the heads of executive departments and 
                agencies shall promptly rescind any orders, rules, 
                regulations, guidelines, or policies implementing or 
                enforcing Executive Order 13258 or Executive Order 
                13422, to the extent consistent with law.

                Sec. 3. This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    January 30, 2009.

[FR Doc. E9-2486
Filed 2-3-09; 8:45 am]
Billing code 3195-W9-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's consolidated balance sheet and consolidated statement of operations
and is qualified in its entirety by reference to such consolidated financial
statements together with the related footnotes thereto.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                                       <C>
<PERIOD-TYPE>                             9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                              JAN-1-1997
<PERIOD-END>                               SEP-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          15,174
<SECURITIES>                                         0
<RECEIVABLES>                                   12,761
<ALLOWANCES>                                         0
<INVENTORY>                                     67,568
<CURRENT-ASSETS>                               103,303
<PP&E>                                         175,305
<DEPRECIATION>                                  79,598
<TOTAL-ASSETS>                                 604,043
<CURRENT-LIABILITIES>                           54,540
<BONDS>                                        562,612
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                    (20,938)
<TOTAL-LIABILITY-AND-EQUITY>                   604,043
<SALES>                                        195,251
<TOTAL-REVENUES>                               195,251
<CGS>                                          107,902
<TOTAL-COSTS>                                  107,902
<OTHER-EXPENSES>                                29,443
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              40,242
<INCOME-PRETAX>                                 19,865
<INCOME-TAX>                                     8,089
<INCOME-CONTINUING>                             11,776
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    11,776
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
<PAGE>
                                                                    EXHIBIT 23.1

                             BELL MICROPRODUCTS INC.
                       CONSENT OF INDEPENDENT ACCOUNTANTS

           We hereby consent to the incorporation by reference in the
Registration Statements on Form S-3 (Numbers 333-39916, 333-45554, 333-62842,
333-85226 and 333-107732) and in the Registration Statements on Form S-8
(Numbers 33-66580, 33-83398, 33-95968, 333-10837, 333-41179, 333-58053,
333-51724, 333-72642 and 333-87048) of Bell Microproducts Inc. of our report
dated February 17, 2004, except for Note 15, as to which the date is March 5,
2004 relating to the financial statements and financial statement schedule,
which appears in this Form 10-K.


/s/ PricewaterhouseCoopers LLP

PricewaterhouseCoopers LLP
San Jose, California
March 15, 2004
§ 5.52 Change of address of a national bank or Federal savings association. ( a ) *Authority.* 12 U.S.C. 93a, 161, 481, 1462a, 1463, 1464 and 5412(b)(2)(B).
( b ) *Scope.* This section describes the obligation of a national bank or a Federal savings association to notify the OCC of any change in its address.
( c ) *Notice process.* ( 1 ) Any national bank with a change in the address of its main office or in its post office box or a Federal savings association with a change in the address of its home office or post office box must send a written notice to the appropriate OCC licensing office.
( 2 ) No notice is required if the change in address results from a transaction approved under this part or if notice has been provided pursuant to § 5.40(c)(1) with respect to the relocation of a main office or home office to a branch location in the same city, town or village.
( d ) *Exceptions to rules of general applicability.* Sections 5.8, 5.9, 5.10, 5.11, and 5.13 do not apply to changes in a national bank's or Federal savings association's address.
[80 FR 28462, May 18, 2015, as amended at 85 FR 80466, Dec. 11, 2020]
§ 326.1 Definitions. For the purposes of this part— ( a ) The term *FDIC-supervised institution* or *institution* means any entity for which the Federal Deposit Insurance Corporation is the appropriate Federal banking agency pursuant to section 3(q) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(q).
( b ) The term *banking office* includes any branch of an institution and, in the case of an FDIC-supervised insured depository institution; it includes the main office of that institution.
( c ) The term *branch* for an institution chartered under the laws of any state of the United States includes any branch institution, branch office, branch agency, additional office, or any branch place of business located in any state or territory of the United States, District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Northern Mariana Islands or the Virgin Islands at which deposits are received or checks paid or money lent. In the case of a foreign bank defined in § 347.202 of this chapter, the term branch has the meaning given in § 347.202 of this chapter.
( d ) The term *State savings association* has the same meaning as in section (3)(b)(3) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(b)(3).
[83 FR 13842, Apr. 2, 2018, as amended at 85 FR 3246, Jan. 21, 2020]
<PAGE>

                                                                   EXHIBIT 10(d)

Annual Performance Incentive Plan

Under the Annual Performance Incentive Plan (APIP), executive officers of the
Company may be entitled to receive performance related cash payments provided
that performance thresholds, established annually bythe Executive Compensation
and Benefits Committee, are met. At the beginning of the year, the Committee
approves for each officer not participating in the Executive Performance
Incentive Plan, an annual incentive target and maximum opportunity expressed as
a percentage of annual base salary. The Committee also establishes overall
threshold, target and maximum measures of performance and associated payment
schedules. For 2000, the performance measures were earnings per share (35%),
revenue growth (25%), cash conversion cycle (20%) and customer satisfaction
(20%). Additional goals are also established for each officer that include
business unit specific and/or individual performance goals and objectives. The
weights associated with each business unit specific or individual performance
goal and objective used vary and range from 20 percent to 50 percent of the
total. Actual performance payments to corporate officers are subject to approval
by the Committee following the end of the year. As a result of the Company's
performance during 2000, no cash bonuses under APIP were paid to officers with
respect to 2000 performance.
The HONORABLE STEPHEN M. REASONER, Chief Judge, United States

1

District Court for the Eastern District of Arkansas.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 97-3633

___________

United States of America, *

*

Appellee, *

* Appeal from the United States

v. * District Court for the 

* Eastern District of Arkansas.

Alexander George, *

* [UNPUBLISHED]

Appellant. *

___________

 Submitted: April 6, 1998

 Filed: April 15, 1998

___________

Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

In November 1996, Alexander George pleaded guilty to one count of wire fraud

in violation of 18 U.S.C. § 1343. The district court sentenced him to thirteen months 1

in prison and three years supervised release, and ordered restitution in the amount of

$20,792.09. When George later withdrew his attempt to withdraw his guilty plea, the

district court afforded him a one-level reduction for acceptance of responsibility, and

resentenced him to 12 months in prison. George appeals, and we affirm.
-2-

Relying on United States v. Atlas, 94 F.3d 447, 451-52 (8th Cir. 1996), George

argues that the district court erred in affording him only a one-level acceptance-ofresponsibility reduction. Because he failed to raise this issue in the district court, we

review his sentence for plain error. We conclude there was no plain error because

George&s substantial rights were not affected by the one-level reduction. See United

States v. Montanye, 996 F.2d 190, 192 (8th Cir. 1993) (en banc) (plain error requires

showing that the error affected substantial rights). Had the district court given him a

two-level reduction, George&s guidelines sentencing range would have been reduced

from 10-16 months to 8-14 months. A review of the two sentencing proceedings

satisfies us that this change would not have affected his sentence.

 

Accordingly, we affirm the judgment of the district court. 

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
<TABLE> <S> <C>

<ARTICLE>           5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THERMO
TERRATECH INC. REPORT ON FORM 10-Q FOR THE QUARTER ENDED JANUARY 2, 1999 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>        1,000
       
<S>                              <C>
<PERIOD-TYPE>                                 9-MOS
<FISCAL-YEAR-END>                             APR-03-1999
<PERIOD-END>                                  JAN-02-1999
<CASH>                                                 34,845
<SECURITIES>                                                0
<RECEIVABLES>                                          68,476
<ALLOWANCES>                                            4,165
<INVENTORY>                                             1,823
<CURRENT-ASSETS>                                      134,040
<PP&E>                                                148,467
<DEPRECIATION>                                         57,048
<TOTAL-ASSETS>                                        354,152
<CURRENT-LIABILITIES>                                  69,759
<BONDS>                                               159,679
<PREFERRED-MANDATORY>                                       0
<PREFERRED>                                                 0
<COMMON>                                                1,958
<OTHER-SE>                                             90,675
<TOTAL-LIABILITY-AND-EQUITY>                          354,152
<SALES>                                               234,270
<TOTAL-REVENUES>                                      234,270
<CGS>                                                 187,628
<TOTAL-COSTS>                                         232,017
<OTHER-EXPENSES>                                            0
<LOSS-PROVISION>                                          963
<INTEREST-EXPENSE>                                      6,769
<INCOME-PRETAX>                                        (2,824)
<INCOME-TAX>                                              534
<INCOME-CONTINUING>                                    (1,924)
<DISCONTINUED>                                              0
<EXTRAORDINARY>                                             0
<CHANGES>                                                   0
<NET-INCOME>                                           (1,924)
<EPS-PRIMARY>                                           (0.10)
<EPS-DILUTED>                                           (0.10)
        

</TABLE>
108TH CONGRESS

1ST SESSION H. R. 3348

AN ACT

To reauthorize the ban on undetectable firearms.

108TH CONGRESS

1ST SESSION H. R. 3348

AN ACT

To reauthorize the ban on undetectable firearms.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3348 EH

1 SECTION 1. REAUTHORIZATION OF THE BAN ON

2 UNDETECTABLE FIREARMS.

3 Section 2(f)(2) of the Undetectable Firearms Act of

4 1988 (18 U.S.C. 922 note) is amended—

5 (1) by striking ‘‘15’’ and inserting ‘‘25’’;

6 (2) in subparagraph (B)—

7 (A) by striking ‘‘and (h)’’ and inserting

8 ‘‘through (o)’’; and

9 (B) by striking ‘‘and (g)’’ and inserting

10 ‘‘through (n)’’; and

11 (3) by striking subparagraphs (D) and (E) and

12 inserting the following:

13 ‘‘(D) section 924(a)(1) of such title is

14 amended by striking ‘this subsection, subsection

15 (b), (c), or (f) of this section, or in section 929’

16 and inserting ‘this chapter’; and

17 ‘‘(E) section 925(a) of such title is

18 amended—

19 ‘‘(i) in paragraph (1), by striking ‘and

20 provisions relating to firearms subject to

21 the prohibitions of section 922(p)’; and

22 ‘‘(ii) in paragraph (2), by striking ‘,

23 except for provisions relating to firearms

24 subject to the prohibitions of section

25 922(p),’; and
3

•HR 3348 EH

1 ‘‘(iii) in each of paragraphs (3) and

2 (4), by striking ‘except for provisions relat3 ing to firearms subject to the prohibitions

4 of section 922(p),’.’’.

Passed the House of Representatives November 5,

2003.

Attest:

Clerk.
**Exhibit 31.2**

 

**CERTIFICATION**

 

I, Michael D. Casey certify that:

 

1.               Ihave reviewed this quarterly report on Form 10-Q of Carter’s, Inc.;

 

2.               Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.               Basedon my knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

 

4.               Theregistrant’s other certifying officers and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15(d)-15(e)) for the registrant and have:

 

(a) Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

 

(b) Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

 

(c) Disclosed in this reportany change in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

5.               Theregistrant’s other certifying officer(s) and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):

 

(a) All significant deficienciesand material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and

 

(b) Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting.

 
| Date:  August  17, 2004 |                      |     |
|------------------------------|---------------------------|----------|
|                         |                      |     |
|                         | /s/ MICHAEL D.  CASEY     |     |
|                         | Michael D. Casey          |     |
| * *                     | *Chief Financial Officer* | * * |

 

1

----
#### § 611.1290 Continuation of borrower rights.

You may not require a waiver of contractual borrower rights provisions as a condition of borrowing from and owning equity in the successor institution. Institutions that become other financing institutions on termination must comply with the applicable borrower rights provisions in the Act and part 617 of this chapter.
<PAGE>
                                                                    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 Annual Report of Blue Valley Ban Corp (the
"Company") on Form 10-K for the period ended December 31, 2005, as filed with
the United States Securities and Exchange Commission on the date hereof (the
"Report"), we certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 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, 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.

March 24th, 2006


                                        /s/ Robert D. Regnier
                                        ----------------------------------------
                                        Robert D. Regnier,
                                        President and Chief Executive Officer


                                        /s/ Mark A. Fortino
                                        ----------------------------------------
                                        Mark A. Fortino,
                                        Chief Financial Officer
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; “Population Genetics Analysis Program: Immunity to Vaccines/Infections”.                    

*Date:*                         November 12, 2009.                    

*Time:*                         8 a.m. to 6 p.m.                    

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         Renaissance M Street Hotel, 1143 New Hampshire Avenue, NW., Mount Vernon Room, Washington, DC 20037.                     

*Contact Person:*                         Katrin Eichelberg, PhD, Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institutes of Health/NIAID, 6700B Rockledge Drive, MSC 7616, Bethesda, MD 20892-7616, 301-451-2899,                         *keichelberg@niaid.nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: October 8, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-24870 Filed 10-15-09; 8:45 am]

BILLING CODE 4140-01-P