alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EXHIBIT 32
----------

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

     In connection with the quarterly  report on Form 10-Q of I/OMagic
Corporation (the "Company") for the period ended September 30, 2004 (the
"Report"), the undersigned hereby certify in their capacities as Chief Executive
Officer and Chief Financial Officer of the Company, respectively, 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.


Dated:  November  15,  2004          By:     /s/  Tony  Shahbaz
                                             -------------------------
                                             Tony  Shahbaz,
                                             Chief  Executive  Officer



Dated:  November  15,  2004          By:     /s/  Steve  Gillings
                                             -------------------------
                                             Steve  Gillings,
                                             Chief  Financial  Officer


A  signed original of these written statements required by Section 906, or other
document  authenticating,  acknowledging,  or  otherwise adopting the signatures
that  appear  typed form within the electronic version of this written statement
required  by  Section 906, has been provided to the Company and will be retained
by  the  Company  and furnished to the Securities and Exchange Commission or its
staff  upon  request.
EX-32                       SECTION 1350 CERTIFICATION OF GARY BORGLUND

                        SECTION 1350 CERTIFICATION

In connection with the quarterly report of Avery Sports Turf,
Inc. ("Company") on Form 10-QSB for the quarter ended September 30,
2004 as filed with the Securities and Exchange Commission ("Report"),
the undersigned, in the capacity and on the date indicated below,
hereby certifies pursuant to Section 906 of the Sarbanes-Oxley Act of
2002 (18 U.S.C. Section 1350), that to his knowledge:

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


Dated: November 8, 2004                /s/  Gary Borglund
                                       Gary Borglund, President
#### § 80.709 Frequencies available.

Frequencies assignable to Alaska fixed stations are listed in subpart H of this part.
#### § 95.2757 MURS duration of transmissions.

MURS stations may not be operated in the continuous carrier transmit mode.
No. 11-5830.

#### Stevens *v.*United States.

C. A. 6th Cir. Certiorari denied.
No. 11-5823.

#### Mickey *v.*Ayers, Warden.

C. A. 9th Cir. Certiorari denied.
[4910-13-PI

DEPARTMENT OF TR •..•••SPORTA nON

Federal Aviation AdmiaistratioD

14 CFR Part 39 11/5I

IDocket No. FAA-2016-**H*; Directorate Identifier 201O-NM~09I·ADI

I

RJN 2I2o-AA64

Airn"orthiness Directives; Airbus Model A) I0 Series Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed ",Icmaking (NPRfl. ."

SUMMARY: We propose to adopt a new airworthiness directive (AD, for the product

listed above. This proposed AD results from mandatory continuing airworthiness

information (MeAl) originated by an aviation authority of another coulllry to identify

and correct an unsafe condition on an aviation product. The MeAl describes the unsati

condition as:

DGAC IDirection Genera\e de rAviatiQo CiviJej Fram:::e Airworthiness

Directive (AD) 1992-1 06-132(B) •• III}Vas issued to require a set or

inspection- and modi.fication tasks which addressed J ARJF AR lJoint

Aviation Regulation! Federal Aviation Regulation] 25-571 requirements

related 10 damage-tolerance and fatigue evaluation of structure .•• *.

The unsafe condition is reduced structural integrity of the wings. The proposed AD

would require actions that are intended to address the unsafe condition described in lho:::

MeAl.

FAA Form 1360-14.1 (6.89) OFFICIAl RLE copy

1l. u,s. GO\Il:RN/oENT PRlNTI ••r:; OFFICE: H,9~· 'lI'£I.211
§ 95.961 CBRS transmitter certification. ( a ) Each CBRS transmitter (a transmitter that operates or is intended to operate at a station in the CBRS) must be certified in accordance with this subpart and part 2 of this chapter.
( b ) A grant of equipment certification for the CBRS will not be issued for any CBRS transmitter type that fails to comply with all of the applicable rules in this subpart.
§ 100.16 Customary and traditional use determination process. ( a ) The Board shall determine which fish stocks and wildlife populations have been customarily and traditionally used for subsistence. These determinations shall identify the specific community's or area's use of specific fish stocks and wildlife populations. For areas managed by the National Park Service, where subsistence uses are allowed, the determinations may be made on an individual basis.
( b ) A community or area shall generally exhibit the following factors, which exemplify customary and traditional use. The Board shall make customary and traditional use determinations based on application of the following factors: ( 1 ) A long-term consistent pattern of use, excluding interruptions beyond the control of the community or area;
( 2 ) A pattern of use recurring in specific seasons for many years;
( 3 ) A pattern of use consisting of methods and means of harvest which are characterized by efficiency and economy of effort and cost, conditioned by local characteristics;
( 4 ) The consistent harvest and use of fish or wildlife as related to past methods and means of taking; near, or reasonably accessible from, the community or area;
( 5 ) A means of handling, preparing, preserving, and storing fish or wildlife which has been traditionally used by past generations, including consideration of alteration of past practices due to recent technological advances, where appropriate;
( 6 ) A pattern of use which includes the handing down of knowledge of fishing and hunting skills, values, and lore from generation to generation;
( 7 ) A pattern of use in which the harvest is shared or distributed within a definable community of persons; and
( 8 ) A pattern of use which relates to reliance upon a wide diversity of fish and wildlife resources of the area and which provides substantial cultural, economic, social, and nutritional elements to the community or area.
( c ) The Board shall take into consideration the reports and recommendations of any appropriate Regional Council regarding customary and traditional uses of subsistence resources.
( d ) Current determinations are listed in § 100.24.
#### § 27.1217 Competitive bidding procedures for the Broadband Radio Service and the Educational Broadband Service.

Mutually exclusive initial applications for BRS and EBS licenses are subject to competitive bidding. For BRS auctions, the designated entity provisions of § 27.1218 apply. For EBS auctions, the designated entity provisions of § 27.1219 apply. The general competitive bidding procedures set forth in part 1, subpart Q, of this chapter apply unless otherwise provided in this subpart.

[84 FR 57366, Oct. 25, 2019]
#### § 20.106 Seasons, limits, and shooting hours for sandhill cranes.

This section provides for the annual hunting of sandhill cranes in designated portions of the 48 contiguous United States.

[55 FR 35267, Aug. 28, 1990]

###### Editorial Note

#### Editorial Note:

For Federal Register citations affecting annual regulatory schedules for this section, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov.*
§ 51.609 Determination of avoided retail costs. ( a ) Except as provided in § 51.611, the amount of avoided retail costs shall be determined on the basis of a cost study that complies with the requirements of this section.
( b ) Avoided retail costs shall be those costs that reasonably can be avoided when an incumbent LEC provides a telecommunications service for resale at wholesale rates to a requesting carrier.
( c ) For incumbent LECs that are designated as Class A companies under § 32.11 of this chapter, except as provided in paragraph (d) of this section, avoided retail costs shall: ( 1 ) Include as direct costs, the costs recorded in USOA accounts 6611 (product management and sales), 6613 (product advertising), 6621 (call completion services), 6622, (number services), and 6623 (customer services) (§§ 32.6611, 32.6613, 32.6621, 32.6622, and 32.6623 of this chapter);
( 2 ) Include, as indirect costs, a portion of the costs recorded in USOA accounts 6121-6124 (general support expenses), 6720 (corporate operations expenses), and uncollectible telecommunications revenue included in 5300 (uncollectible revenue) (Secs. 32.6121 through 32.6124, 32.6720 and 32.5300 of this chapter); and
( 3 ) Not include plant-specific expenses and plant non-specific expenses, other than general support expenses (§§ 32.6112-6114, 32.6211-6565 of this chapter).
( d ) Costs included in accounts 6611, 6613 and 6621-6623 described in paragraph (c) of this section (§§ 32.6611, 32.6613, and 32.6621-6623 of this chapter) may be included in wholesale rates only to the extent that the incumbent LEC proves to a state commission that specific costs in these accounts will be incurred and are not avoidable with respect to services sold at wholesale, or that specific costs in these accounts are not included in the retail prices of resold services. Costs included in accounts 6112-6114 and 6211-6565 described in paragraph (c) of this section (§§ 32.6112-32.6114, 32.6211-32.6565 of this chapter) may be treated as avoided retail costs, and excluded from wholesale rates, only to the extent that a party proves to a state commission that specific costs in these accounts can reasonably be avoided when an incumbent LEC provides a telecommunications service for resale to a requesting carrier.
( e ) For incumbent LECs that are designated as Class B companies under § 32.11 of this chapter and that record information in summary accounts instead of specific USOA accounts, the entire relevant summary accounts may be used in lieu of the specific USOA accounts listed in paragraphs (c) and (d) of this section.
[61 FR 45619, Aug. 29, 1996, as amended at 67 FR 5700, Feb. 6, 2002; 69 FR 53652, Sept. 2, 2004]
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6166

CLARENCE J. TURNER,

Petitioner – Appellant,

v.

HAROLD CLARKE, Director, Virginia DOC,

Respondent - Appellee.

Appeal from the United States District Court for the Western 

District of Virginia, at Roanoke. Elizabeth K. Dillon, District 

Judge. (7:15-cv-00200-EKD-RSB)

Submitted: April 11, 2016 Decided: April 28, 2016

Before NIEMEYER, SHEDD, and WYNN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Clarence J. Turner, Appellant Pro Se. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Clarence J. Turner seeks to appeal the district court’s 

order denying relief on his 28 U.S.C. § 2254 (2012) petition. 

The order is not appealable unless a circuit justice or judge 

issues a certificate of appealability. See 28 U.S.C. 

§ 2253(c)(1)(A) (2012). A certificate of appealability will not 

issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the petition states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude that 

Turner has not made the requisite showing. Accordingly, we deny 

a certificate of appealability and dismiss the appeal. We deny 

leave to proceed in forma pauperis and dispense with oral 

argument because the facts and legal contentions are adequately 
3

presented in the materials before this court and argument would 

not aid the decisional process. 

DISMISSED
103D CONGRESS

2D SESSION H. R. 5103

AN ACT

To amend title 31, United States Code, to provide for an

Executive Director of the General Accounting Office Personnel Appeals Board, and for other purposes.

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

3 SECTION 1. EXECUTIVE DIRECTOR.

4 (a) POSITION.—Section 752 of title 31, United States

5 Code, is amended by adding at the end thereof the follow6 ing new subsection:
2

•HR 5103 EH

1 ‘‘(c)(1) The Comptroller General shall appoint as Ex2 ecutive Director of the Board an individual the Chairman

3 selects. The Executive Director serves at the pleasure of

4 the Chairman.

5 ‘‘(2) The Chairman shall fix the pay of the Executive

6 Director. The rate of basic pay of the Executive Director

7 shall be not less than 120 percent of the minimum rate

8 of basic pay payable for GS–15 of the General Schedule

9 and not greater than the rate of basic pay payable for

10 level IV of the Executive Schedule.

11 ‘‘(3) The Executive Director is the chief administra12 tive officer for the Board and performs such tasks as the

13 Chair assigns.’’.

14 (b) CONFORMING AMENDMENTS.—(1) The heading

15 for section 752 of such title is amended to read as follows:

16 ‘‘§ 752. Chairman, General Counsel, and Executive

17 Director’’.

18 (2) The table of sections for chapter 7 of such title

19 is amended by amending the item relating to section 752

20 to read as follows:

‘‘752. Chairman, General Counsel, and Executive Director.’’.

21 SEC. 2. PAY RATE FOR GENERAL COUNSEL.

22 The second sentence of section 752(b)(2) of title 31,

23 United States Code, is amended to read as follows: ‘‘The

24 rate of basic pay of the General Counsel shall be not less

25 than 120 percent of the minimum rate of basic pay pay-
3

•HR 5103 EH

1 able for GS–15 of the General Schedule and not greater

2 than the rate of basic pay payable for level IV of the Exec3 utive Schedule.’’.

4 SEC. 3. PARTICIPATION IN THE DEPARTMENT OF STATE

5 HEALTH CARE PROGRAM.

6 Section 732 of title 31, United States Code, is

7 amended by adding at the end thereof the following new

8 subsection:

9 ‘‘(h) The Comptroller General may enter into inter10 agency agreements with the Department of State and

11 other executive agencies to permit the General Accounting

12 Office to participate in programs for the provision of

13 health care to government employees stationed abroad or

14 performing temporary duty abroad.’’.

Passed the House of Representatives October 3,

1994.

Attest:

Clerk.
103D CONGRESS

2D SESSION H. R. 5103

AN ACT

To amend title 31, United States Code, to provide

for other purposes.counting Office Personnel Appeals Board, andfor an Executive Director of the General Ac-
OFFICE OF **THE** AtiORNEYGENERAIi OF TEXAS AUSTIN

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[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Notices]
[Page 51577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7262]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 081406A]


Atlantic Highly Migratory Species; Meeting of Consolidated 
Atlantic Highly Migratory Species Advisory Panel

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meetings.

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

SUMMARY: NMFS will hold a two-day Highly Migratory Species (HMS) 
Advisory Panel (AP) meeting in October 2006. The intent of the meeting 
is to consider options for the conservation and management of HMS.

DATES: The AP meeting will be held from 1 p.m. to 5 p.m. on Tuesday, 
October 3, 2006, and from 8 a.m. to 5 p.m. on Wednesday, October 4, 
2006.

ADDRESSES: The meetings will be held at the Hilton Mark Center, 5000 
Seminary Road, Alexandria, VA, 22311; phone: 703-845-1010

FOR FURTHER INFORMATION CONTACT: Othel Freeman or Chris Rilling at 301-
713-2347.

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq., as 
amended by the Sustainable Fisheries Act, Public Law 104-297, provided 
for the establishment of an AP to assist in the collection and 
evaluation of information relevant to the development of any Fishery 
Management Plan (FMP). NMFS consults with and considers the comments 
and views of AP members when preparing and implementing FMPs or FMP 
amendments for Atlantic tunas, swordfish, billfish, and sharks. The AP 
has previously consulted with NMFS on: the HMS FMP (April 1999), 
Amendment 1 to the HMS FMP (December 2003), Amendment 1 to the Billfish 
FMP (April 1999), and the Consolidated Atlantic HMS FMP in February 
2006. The October 2006 AP meeting will focus on conservation and 
management options for Atlantic tunas, swordfish, billfish, and sharks.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Othel Freeman or Chris Rilling at (301) 713-2347, 
at least 7 days prior to the meeting.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: August 24, 2006.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 06-7262 Filed 8-25-06; 2:36 pm]
BILLING CODE 3510-22-S
§ 80.513 Frequency coordination. ( a ) Except as provided in paragraphs (b) and (c) of this section each application for a new VHF private coast station license or modification of an existing license to be located in an area having a recognized frequency coordinating committee must be accompanied by: ( 1 ) A report based on a field study, indicating the degree of probable interference to existing stations operating in the same area. The applicant must consider all stations operating on the working frequency or frequencies requested or assigned within 80 km (50 miles) of the proposed station location, and
( 2 ) The report must include a statement that all existing licensees on the frequency within 80 km (50 miles) and the frequency coordinating committee have been notified of the applicant's intention to file an application. The notice of intention to file must provide the licensees concerned and the advisory committee with the following information: The frequency and emission; transmitter location and power; and the antenna height proposed by the applicant.
( b ) Applications for modification need not be accompanied by the field study where the modification does not involve any change in frequency(ies), power, emission, antenna height, antenna location or area of operation.
( c ) ( 1 ) In lieu of the field study, the applicant may acquire a statement from a frequency coordinating committee. The applicant must certify on the application concerning the recommendations of the coordinating committee. The committee must comment on the requested frequency or the proposed changes in the authorized station and give an opinion regarding the probable interference to existing stations. The committee must consider all stations operating on the requested frequency within 80 km (50 miles) of the proposed station location. The frequency coordinating committee statement must also recommend a frequency which will result in the least amount of interference to proposed and existing stations. Committee recommendations may also include comments on technical factors and may recommend restrictions to minimize interference.
( 2 ) A frequency coordinating committee must be representative of all persons who are eligible for VHF private coast stations within the service area of the recognized frequency coordinating committee. A statement of organization, service area and composition of the committee must be submitted to the Commission for approval. The functions of any coordinating committee are purely advisory to the applicant and the Commission. Its recommendations are not binding upon either the applicant or the Commission.
[51 FR 31213, Sept. 2, 1986, as amended at 63 FR 68956, Dec. 14, 1998]
#### § 95.959 [Reserved]
Nˆ

00 Nˆ11 Fˆ

2

a

*ˆ

00a

Fˆ

2

a

*ˆ

10a

Fˆ

2

a

*ˆ

11a

Table 1c

Estimates of the Parameters of Equation (11) and Forecasting Performance of

Equation (7) When Conjunction I Holds, Estimation Period: August 1963 to

December 1991, 341 months, and Forecasting Period: January 1992 to December

1993, 24 months

Portfolio RMSE MAE

ns1b1e 0.15 0.88 15.04 0.57 0.07 4.36 0.87

ns1b5e 0.51 -0.35 6.02 1.02 0.61 4.25 0.82

ns2b1e 0.13 0.76 9.86 0.20 0.02 3.63 5.17

ns2b5e 0.11 0.99 6.69 0.17 0.03 3.05 0.77

ns3b1e 0.07 -0.32 5.80 0.07 0.04 3.05 0.77

ns3b5e 0.05 0.99 6.16 0.32 0.03 2.49 12.44

ns4b1e 0.12 0.99 4.00 0.03 0.00 2.23 0.83

ns4b5e 0.11 0.99 5.31 0.09 0.02 2.15 1.21

ns5b1e -0.01 -0.99 2.08 0.01 0.01 2.15 2.76

ns5b5e -0.10 0.94 6.97 0.24 0.01 4.59 1.74
#### § 90.910 Bidding credits.

A winning bidder that qualifies as a very small business, as defined in § 90.912(b)(2), or a consortium of very small businesses may use a bidding credit of 35 percent to lower the cost of its winning bid on Spectrum Blocks A through V. A winning bidder that qualifies as a small business, as defined in § 90.912(b)(1), or a consortium of small businesses may use a bidding credit of 25 percent to lower the cost of its winning bid on Spectrum Blocks A through V.

[68 FR 43001, July 21, 2003]