alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 794.103 Dependence of exemption on engagement in described distribution.

By its terms, section 7(b)(3) provides a partial and contingent exemption from the general overtime pay requirements of the Act applicable to “any employee * * * employed * * * by an * * * enterprise * * * engaged in the wholesale or bulk distribution of petroleum product * * *.” Thus, engagement in the described distribution is an “explicit prerequisite to exemption” (*Arnold* v. *Kanowsky,* 361 U.S. 388), as are the other express conditions set forth in the section. A natural reading of the statutory language suggests that the employee as well as the enterprise must be so engaged in order for the exemption to apply (see *Porto Rico Light Co.* v. *Mor,* 253 U.S. 345). To the extent that its employees are engaged in the described distribution, the enterprise is itself so engaged (see *Kirshbaum* v. *Walling,* 316 U.S. 517; and see § 794.104). Also, whenever an enterprise is so engaged, any of its employees will be considered to be “employed by an * * * enterprise * * * engaged in the wholesale or bulk distribution of petroleum products” if the duties of his employment require him to perform any operations or provide any services in carrying on such activities of his employer, and if the employee is not engaged in a substantial portion of his workweek in other activities which do not provide a basis for exemption under section 7(b)(3). Such an interpretation of the quoted language is believed necessary to give effect to the intended scope of the exemption as explained in § 794.101. Where an enterprise is exclusively engaged in the wholesale or bulk distribution of petroleum products and meets all the other requirements of section 7(b)(3), all of its employees who are paid for their hours of work in accordance with section 6 of the Act and the special pay provisions of section 7(b)(3) (see § 778.602 of this chapter and §§ 794.135 through 794.136) will be exempt from the overtime pay requirements of the Act under the principles stated above. What products are included in the term “petroleum products” and what constitutes the “bulk distribution” of such products within the meaning of section 7(b)(3) are discussed in §§ 794.132 through 794.133.
Merrimack

No. 6619

#### William Mueller & *a.*v. Hopkinton Town Clerk *& a.*

March 2, 1973

*Wiggin, Nourie, Sundeen, Pingree & Bigg*and *Kurt M. Swenson,*by brief, for the plaintiffs.

*Upton, Sanders & Upton*and *Richard F. Upton,*by brief, for the defendants.

Per curiam.

Questions of law raised by plaintiffs’ exception to an order of the superior court dismissing their petition *91for a writ of mandamus to compel the Hopkinton Planning Board and town clerk to include on the official ballot for the March 6, 1973 Hopkinton town meeting a certain proposed zoning amendment described as amendment No. 8, were reserved and transferred by *Keller,*C. J.

Following the first public hearing before the planning board as required by RSA 31:63-a, at which the planning board proposed the amendment in question, the amendment was approved by the board and publicized in the notice of the second hearing to be held on February 15, 1973. Following the second hearing however it was deleted by the planning board from the list of amendments to be submitted to the voters, and was not filed with the town clerk as were the other proposed amendments.

The statute which requires the hearing before the board (RSA 31:63-a) makes no provision for alteration or deletion of a proposal following the second hearing, except that “editorial revisions and textual modifications” are permitted. While the action of the board in suppressing amendment No. 8 was of doubtful validity, we do not undertake to determine that question because no transcript of the hearing before the trial court could be made available in the brief time remaining before the annual town meeting on March 6, 1973.

To order the town officials to post a substitute warrant or to amend the one already posted to enable the voters to vote on amendment No. 8 would only serve to spawn further litigation as to the lawfulness of the zoning vote. Consequently without reaching the merits of the case on this record and in view of the short time remaining before the annual meeting four days hence, we decline to order mandamus. *See Wilkes v. Jackson,*101 N.H. 420, 145 A.2d 169 (1958).

*Plaintiffs’ exception overruled.*
#### § 779.327 Wholesale sales.

A wholesale sale, of course, is not recognized as a retail sale. If an establishment derives more than 25 percent of its annual dollar volume from sales made at wholesale, it clearly cannot qualify as a retail and service establishment. It must be remembered, however, that what is a retail sale for purposes of a sales tax law is not necessarily a retail sale for purposes of the statutory definition of the term “retail or service establishment”. Similarly, a showing that sales of goods or services are not wholesale or are made to the ultimate consumer and are not for resale does not necessarily prove that such sales or services are recognized in the particular industry as retail. (*Wirtz* v. *Steepleton General Tire Co.,* 388 U.S. 190.)
EXHIBIT 32.2

CERTIFICATE OF THE PRINCIPAL FINANCIAL OFFICER
OF DIOMED HOLDINGS, INC. (REGISTRANT)
PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, David B. Swank, Chief Financial Officer of the Registrant, certify to the
best of my knowledge and belief pursuant to Section 906 of Sarbanes-Oxley Act of
2002 (18 U.S.C. Section 1350) that:

(1) The Quarterly Report on Form 10-QSB for the period ended September 30, 2006,
which this statement accompanies, fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) The information contained in the Quarterly Report on Form 10-QSB fairly
presents, in all material respects, the financial condition and result of
operations of the Registrant.

The foregoing certification is being furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, chapter
63 title 18, United States Code) and is not being filed as part of the Form
10-QSB or as a separate disclosure document.


Date: November 13, 2006                 /s/ DAVID B. SWANK
                                        ----------------------------------------
                                        David B. Swank
                                        Chief Financial Officer
                                        (Principal Financial Officer)
Aircraft

WEIGHT (INCLUDING BATTERY AND PROPELLERS)

1280 g

DIAGONAL SIZE (INCLUDING PROPELLERS)

590 mm

MAX ASCENT SPEED

5 m/s

MAX DESCENT SPEED

3 m/s

HOVER ACCURACY

 Vertical: +/- 10cm

 Horizontal: +/- 1m

MAX SPEED

16 m/s (ATTI mode, no wind)

MAX ALTITUDE ABOVE SEA LEVEL

6000 m

OPERATING TEMPERATURE

0°C to 40°C

GPS MODE

GPS/GLONASS

Camera

SENSOR

Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M)

LENS

FOV 94° 20 mm (35 mm format equivalent) f/2.8, focus at ∞

ISO RANGE

100-3200 (video) 100-1600 (photo) 

SHUTTER SPEED

8s -1/8000s

IMAGE MAX SIZE

4000 x 3000

STILL PHOTOGRAPHY MODES
 Single Shot

 Burst Shooting: 3/5/7 shots

 Auto Exposure Bracketing (AEB): 3/5

 Bracketed Frames at 0.7EV Bias

 Time-lapse

VIDEO RECORDING MODES

Phantom 3 Professional

 UHD: 4096x2160p 24/25, 3840x2160p 24/25/30

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

Phantom 3 Advanced

 FHD: 1920x1080p 24/25/30/48/50/60

 HD: 1280x720p 24/25/30/48/50/60

SUPPORTED SD CARD TYPES

Micro SD

Max capacity: 64 GB. Class 10 or UHS-1 rating required

MAX BITRATE OF VIDEO STORAGE

60 Mbps

SUPPORTED FILE FORMATS

 FAT32/exFAT

 Photo: JPEG, DNG

 Video: MP4, MOV (MPEG-4 AVC/H.264)

OPERATING TEMPERATURE

0°C to 40°C

Gimbal

CONTROLLABLE RANGE

Pitch -90° to +30°

STABILIZATION

3-axis (pitch, roll, yaw)
Vision 

Positioning

MAX VELOCITY

Less than 8 m/s (when 2 m above ground)

ALTITUDE RANGE

30 cm-300 cm

OPERATING RANGE

30 cm-300 cm

OPERATING ENVIRONMENT

Surface with clear pattern and adequate lighting (Lux > 15)

Remote 

Controller

OPERATING FREQUENCY

2.400 GHz-2.483 GHz

MAX DISTANCE

2000m (outdoors and unobstructed)

VIDEO OUTPUT PORT

USB

OPERATING TEMPERATURE

0°C- 40°C

BATTERY

6000 mAh LiPo 2S

MOBILE DEVICE HOLDER

For tablet or phone

RECEIVER SENSITIVITY (1%PER)

-101 dBm ±2 dBm

TRANSMITTER POWER (EIRP)

 FCC: 20 dBm

 CE: 16 dBm

WORKING VOLTAGE

1.2 A @7.4 V

Battery 

Charger

VOLTAGE

17.4 V

RATED POWER
Phantom 3 Professional

 100 W

Phantom 3 Advanced

 57 W

Intelligent 

Flight Battery

CAPACITY

4480 mAh

VOLTAGE

15.2 V

BATTERY TYPE

LiPo 4S

ENERGY

68 Wh

NET WEIGHT

365 g

MAX FLIGHT TIME

Approximately 23 minutes 

OPERATING TEMPERATURE

-10°C to 40°C

MAX CHARGING POWER

100 W

App / Live 

View

MOBILE APP

DJI Pilot

EIRP

100mW

LIVE VIEW WORKING FREQUENCY

2.4GHz ISM

LIVE VIEW QUALITY

720P @ 30fps (depending on conditions and mobile device)

LATENCY
220ms (depending on conditions and mobile device)

REQUIRED OPERATING SYSTEMS

 iOS 8.0 or later

 Android 4.1.2 or later

RECOMMENDED DEVICES

 iOS: iPhone 5s, iPhone 6, iPhone 6 Plus, iPad Air, iPad Air Wi-Fi + Cellular, iPad mini 

2, iPad mini 2 Wi-Fi + Cellular, iPad Air 2, iPad Air 2 Wi-Fi + Cellular, iPad mini 3, and 

iPad mini 3 Wi-Fi + Cellular. This app is optimized for iPhone 5s, iPhone 6, and iPhone 

6 Plus

 Android: Samsung S5, Note 3, Sony Xperia Z3, Google Nexus 7 II, Google Nexus 9, Mi 

3, Nubia Z7 mini

 *Support for additional Android devices available as testing and development continues
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              NOV-30-1997
<PERIOD-END>                                   NOV-30-1997
<CASH>                                         52,926
<SECURITIES>                                   0
<RECEIVABLES>                                  34,646
<ALLOWANCES>                                   0
<INVENTORY>                                    806,975
<CURRENT-ASSETS>                               894,547
<PP&E>                                         14,861
<DEPRECIATION>                                 (6,263)
<TOTAL-ASSETS>                                 1,343,284
<CURRENT-LIABILITIES>                          221,020
<BONDS>                                        661,695
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       5,316
<OTHER-SE>                                     433,683
<TOTAL-LIABILITY-AND-EQUITY>                   1,343,284
<SALES>                                        1,130,989
<TOTAL-REVENUES>                               1,303,082
<CGS>                                          907,691
<TOTAL-COSTS>                                  958,324
<OTHER-EXPENSES>                               234,052
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             24,979
<INCOME-PRETAX>                                85,727
<INCOME-TAX>                                   35,122
<INCOME-CONTINUING>                            50,605
<DISCONTINUED>                                 33,826
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   84,431
<EPS-PRIMARY>                                  2.23
<EPS-DILUTED>                                  2.23
        


</TABLE>
[Federal Register Volume 65, Number 104 (Tuesday, May 30, 2000)]
[Notices]
[Page 34501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13355]


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

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Notice 00-059]


Notice of Agency Report Forms Under OMB Review

AGENCY: National Aeronautics and Space Administration (NASA).

SUMMARY: The National Aeronautics and Space Administration, as part of 
its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to take this 
opportunity to comment on proposed and /or continuing information 
collections, as required by the Paperwork Reduction Act of 1995 (Public 
Law 104-13, 44 U.S.C. 3506(c)(2)(A)). Reports are required to comply 
with statutes and implementing regulations.

DATES: All comments should be submitted on or before July 30, 2000.

ADDRESSES: All comments should be addressed to Mr. Richard Kall, Code 
HK National Aeronautics and Space Administration, Washington, DC 20546-
0001.

FOR FURTHER INFORMATION CONTACT: Ms. Carmela Simonson, NASA Reports 
Officer, (202) 358-1223.
    Title: Patents.
    OMB Number: 2700-0048.
    Type of review: Extension.
    Need and Uses: Grant provisions require that recipients include a 
list of all inventions required to be disclosed in their annual 
Performance Report. NASA grant officers and legal counsel review the 
information to ensure the proper disposition of rights to inventions 
made in the course of NASA-funded research is completed in accordance 
with statutes.
    Affected Public: Business or other for-profit, Not-for-profit 
institutions, State, Local or Tribal Government.
    Number of Respondents: 9,347.
    Responses Per Respondent: 1.
    Annual Responses: 9,347.
    Hours Per Request: 30 min to 8 hrs.
    Annual Burden Hours: 17,276.
    Frequency of Report: Annually.

David B. Nelson,
Deputy Chief Information Officer, Office of the Administrator.
[FR Doc. 00-13355 Filed 5-26-00; 8:45 am]
BILLING CODE 7510-01-P
|        |
|--------|
|        |  |  |  |  |
|   |   | By: | /s/ Antoine J. Lafargue |   |
|   |   |   | Antoine J. Lafargue, President, Chief Executive Officer, Chief Financial Officer, Treasurer and Corporate Secretary |   |
|   |   |   | (as Principal Executive, Financial and Accounting Officer) |   |
|   |   |   |   |   |
| Date:  | October 27, 2016 |   |   |   |
III 

110TH CONGRESS 

1ST SESSION S. RES. 265 

Congratulating the St. Mary’s College of Maryland sailing team for winning 

the 2007 Inter-collegiate Sailing Association (ICSA) Women’s National 

Championship and the 2007 ICSA Team Race National Championship. 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2007 

Mr. CARDIN (for himself and Ms. MIKULSKI) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Congratulating the St. Mary’s College of Maryland sailing 

team for winning the 2007 Inter-collegiate Sailing Association (ICSA) Women’s National Championship and the 

2007 ICSA Team Race National Championship. 

Whereas on May 25, 2007, the St. Mary’s College of Maryland Lady Seahawks won the 2007 Inter-collegiate Sailing Association (ICSA) Women’s National Championship 

in Norfolk, Virginia; 

Whereas the 2007 ICSA Women’s National Champions defeated 17 other teams; 

Whereas the 2007 ICSA Women’s National Champions are 

Jennifer Chamberlin, Mattie Farrar, Adrienne Patterson, 

Melissa Pumphrey, and Sara Morgan Watters; 


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2 

•SRES 265 ATS 

Whereas Adrienne Patterson is the first Lady Seahawk to be 

named the ICSA Female College Sailor of the Year; 

Whereas on May 29, 2007, the St. Mary’s College of Maryland Seahawks won the 2007 ICSA Team Race National 

Championship defeating 13 other teams in Annapolis, 

Maryland; 

Whereas the 2007 victory is the fourth ISCA Team Race National Championship and the second Women’s National 

Championship for the St. Mary’s College of Maryland 

Seahawks; 

Whereas the 2007 ICSA Team Race National Champions are 

Jennifer Chamberlin, Myles Gutenkunst, John Howell, 

Phelps Kelley, Jesse Kirkland, John Loe, Maggie 

Lumkes, Meredith Nordhem, and Hilary Wiech; and 

Whereas the coaches of the 2007 ICSA Women’s National 

Champions and the 2007 ICSA Team Race National 

Champions are Adam Werblow and William Ward: Now, 

therefore, be it 

1 Resolved, That the Senate congratulates the St. 

2 Mary’s College of Maryland sailing team for winning the 

3 2007 ICSA Women’s and Team Race National Champion4 ships. 

Æ 


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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD ROAD

ANN ARBOR, MI 48105-2498

 OFFICE OF

AIR AND RADIATION

December 16, 2010

MEMORANDUM

SUBJECT: Meeting with Cummins

FROM: Angela Cullen, Mechanical Engineer

TO: Docket EPA-HQ-OAR-2010-0162

This memorandum documents a meeting held on Wednesday, December 15, 2010 between

Cummins, EPA, and DOT and included the following individuals:

Cummins: Jackie Yeager, Morgan Andreae, Michael Ruth, Jim Fier, Bill Martin, Shirish 

Shimpi, Jon Dickson, Gary Salemme, Aleksey Yezerets, Brian Mormino, Mike Cooper, 

Tom Grana, Melissa Zaczek, Jennifer Rumsey, and Bob Jorgensen

EPA: Byron Bunker, Cle Jackson, Houshan Zhang, Alan Stout, Don Kopinski, Julian 

Davis, Tony Fernandez and Angela Cullen

DOT: Maurice Hicks, Angel Jackson

The discussion focused primarily on clarifications of the regulatory language, engine GHG 

standards, hybrid test procedures, pickup truck certification, and GEM model inputs.
§ 22.10 Default upon failure to file an answer. ( a ) If the defendant does not file an answer within the time prescribed in § 22.9(a), the reviewing official may refer the complaint to the ALJ.
( b ) Upon the referral of the complaint, the ALJ shall promptly serve on defendant in the manner prescribed in § 22.8, a notice that an initial decision will be issued under this section.
( c ) The ALJ shall assume the facts alleged in the complaint to be true, and, if such facts establish liability under § 22.3, the ALJ shall issue an initial decision imposing the maximum amount of penalties and assessments allowed under the statute.
( d ) Except as otherwise provided in this section, by failing to file a timely answer, the defendant waives any right to further review of the penalties and assessments imposed under paragraph (c) of this section and the initial decision shall become final and binding upon the parties 30 days after it is issued.
( e ) If, before such an initial decision becomes final, the defendant files a motion with the ALJ seeking to reopen on the grounds that extraordinary circumstances prevented the defendant from filing an answer, the initial decision shall be stayed pending the ALJ's decision on the motion.
( f ) If, on such motion, the defendant can demonstrate extraordinary circumstances excusing the failure to file a timely answer, the ALJ shall withdraw the initial decision in paragraph (c) of this section, if such a decision has been issued, and shall grant the defendant an opportunity to answer the complaint.
( g ) A decision of the ALJ denying a defendant's motion under paragraph (e) of this section is not subject to reconsideration under § 22.38.
( h ) The defendant may appeal to the ARB the decision denying a motion to reopen by filing a notice of appeal with the ARB within 15 days after the ALJ denies the motion. The timely filing of a notice of appeal shall stay the initial decision until the ARB decides the issue.
( i ) If the defendant files a timely notice of appeal with the ARB, the ALJ shall forward the record of the proceeding to the ARB.
( j ) The ARB shall decide expeditiously whether extraordinary circumstances excuse the defendant's failure to file a timely answer based solely on the record before the ALJ.
( k ) If the ARB decides that extraordinary circumstances excused the defendant's failure to file a timely answer, the ARB shall remand the case to the ALJ with instructions to grant the defendant an opportunity to answer.
( l ) If the ARB decides that the defendant's failure to file a timely answer is not excused, the ARB shall reinstate the initial decision of the ALJ, which shall become final and binding upon the parties 30 days after the ARB issues such decision and it becomes final in accordance with Secretary's Order 01-2020 (or any successor to that order).
[52 FR 48492, Dec. 22, 1987, as amended at 86 FR 1781, Jan. 11, 2021]
III 

110TH CONGRESS 

1ST SESSION S. RES. 310 

Commending the city of Lafayette, Louisiana, for engaging in a year-long 

celebration of the 250th anniversary of the birth of Marie-Joseph-PaulYves-Roch-Gilbert Du Motier, commonly known as the Marquis de Lafayette. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 7, 2007 

Ms. LANDRIEU (for herself and Mr. VITTER) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Commending the city of Lafayette, Louisiana, for engaging 

in a year-long celebration of the 250th anniversary of 

the birth of Marie-Joseph-Paul-Yves-Roch-Gilbert Du 

Motier, commonly known as the Marquis de Lafayette. 

Whereas the Marquis de Lafayette was born on September 6, 

1757, and occupies an important place in the history of 

the United States; 

Whereas Lafayette demonstrated considerable military skill, 

valor, and dedication as he fought alongside American 

revolutionary fighters during their struggle for independence, and was voted by Congress the rank and commission of major general in the Continental Army; 


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2 

•SRES 310 ATS 

Whereas Lafayette’s military service was invaluable to General George Washington during many Revolutionary War 

battles, earning him his reputation as ‘‘the soldier’s 

friend’’; 

Whereas Lafayette’s leadership and military ingenuity during 

the Battle of Yorktown, Virginia, led to the defeat of 

British General Lord Charles Cornwallis and subsequently the successful end to the American Revolutionary 

War; 

Whereas Lafayette’s advocacy in France on behalf of the 

United States fostered positive diplomatic relations and 

allowed for the Louisiana Purchase; 

Whereas Lafayette’s status as a native French speaker, in 

combination with his dedication to democracy in America, 

prompted Thomas Jefferson to request that the Marquis 

serve as the Governor of Louisiana; 

Whereas Lafayette symbolizes the assistance America received from Europe during the struggle for independence; 

Whereas United States aid to France during the World Wars 

of 1917–1918 and 1941–1945 stemmed in part from 

shared values of democracy and freedom, which Lafayette 

strongly supported; 

Whereas the friendship between the people of the United 

States and France has not diminished; 

Whereas continued relationships between the United States 

and France are important to the success of our global 

partnerships; 

Whereas the town of Vermilionville, Louisiana, was renamed 

Lafayette in 1884 in honor of the Marquis de Lafayette; 

and 


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3 

•SRES 310 ATS 

Whereas the city of Lafayette, Louisiana, in the heart of the 

Acadiana region, exhibits a rich French heritage: Now, 

therefore, be it 

1 Resolved, That the Senate— 

2 (1) honors the Marquis de Lafayette on the 

3 250th anniversary of his birth; and 

4 (2) commends the city of Lafayette, Louisiana, 

5 for engaging in a year-long celebration of this anni6 versary. 

Æ 


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**IN THE SUPREME COURT OF PENNSYLVA NIA** 

IN RE: REAPPOINTMENT TO ORPHANS’ COURT PROCEDURAL RULES COMMITTEE : : : : : NO. 740 SUPREME COURT RULES DOCKET

**ORDER**
**PER CURIA M** 
**AN D**  **NOW** , this 16 th day of May , 201 7 , the Honorable Stanley R. Ott, Montgomery County, is hereby re appointed as a member of the Orphans’ Court Procedural Rules Committee , for a term expiring September 1, 2020

.