alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 295.21 MSP assistance conditions. ( a ) *Term of MSP Operating Agreement.* MSP Operating Agreements shall be effective for a period of not more than one fiscal year, and unless otherwise specified in the Agreement, shall be renewable, subject to the availability of appropriations or amounts otherwise made available, for each subsequent fiscal year through the end of FY 2005. In the event appropriations are enacted after October 1 with respect to any subsequent fiscal year, October 1 shall be considered the effective date of the renewed agreement, provided sufficient funds are made available and subject to the Contractor's rights for early termination pursuant to section 652(m) of the act.
( b ) *Terms under a Continuing Resolution (CR).* In the event funds are available under a CR, the terms and conditions of the MSP Operating Agreements shall be in force provided sufficient funds are available to fully meet obligations under MSP Operating Agreements, and only for the period stipulated in the applicable CR. If funds are not appropriated at sufficient levels for any portion of a fiscal year, the terms and conditions of any applicable MSP Operating Agreement may be voided and the Contractor may request termination of the MSP Operating Agreement in accordance with § 295.20(f).
( c ) *National security requirements.* Each MSP Operating Agreement shall require the owner or operator of an Eligible Vessel included in that agreement to enter into an Emergency Preparedness Program Agreement pursuant to section 653 of the act.
( d ) *Vessel operating requirements.* The MSP Operating Agreement shall require that during the period an Eligible Vessel is included in that Agreement, the Eligible Vessel shall: ( 1 ) *Documentation.* Be documented as a U.S.-flag vessel under 46 U.S.C. chapter 121; and
( 2 ) *Operation.* Be operated exclusively in the U.S.-foreign trade or in mixed foreign and domestic trade allowed under a registry endorsement issued under 46 U.S.C. 12105, and shall not otherwise be operated in the coastwise trade of the United States.
( e ) *Limitations.* Limitations on Contractors with respect to the operation of foreign-flag vessels shall be in accordance with section 804 of the act, as amended. The operation of vessels, other than Agreement Vessels, in the noncontiguous trades shall be limited in accordance with service levels and conditions permitted in section 656 of the act.
( f ) *Non-Contiguous Domestic Trade.* [Reserved]
( g ) *Obligation of the U.S. Government.* The amounts payable as MSP Payments under a MSP Operating Agreement shall constitute a contractual obligation of the United States Government to the extent of available appropriations.
§ 42.15-65 Side scuttles. ( a ) Side scuttles to spaces below the freeboard deck or to spaces within enclosed superstructures shall be fitted with efficient hinged inside deadlights arranged so that they can be effectively closed and secured watertight.
( b ) No side scuttle shall be fitted in a position so that its sill is below a line drawn parallel to the freeboard deck at side and having its lowest point 2.5 percent of the breadth (*B*) above the load waterline, or 191 ⁄ 2 inches, which ever is the greater distance.
( c ) The side scuttles, together with their glasses, if fitted, and deadlights, shall be of substantial and approved construction.
[CGFR 68-60, 33 FR 10062, July 12, 1968]
Editorial Note on Part 162
Editorial Note: Nomenclature changes to part 162 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 162.039-3 Requirements. ( a ) In addition to the requirements of this subpart, every semi-portable fire extinguisher must be tested and listed for marine use by a recognized laboratory as defined in 46 CFR 159.001-3, and must comply with the following standards (incorporated by reference, see § 162.039-1), as appropriate: ( 1 ) UL 8;
( 2 ) UL 154;
( 3 ) UL 299;
( 4 ) UL 626;
( 5 ) UL 711; and
( 6 ) UL 2129.
( b ) Every semi-portable fire extinguisher must be self-contained; when charged, it must not require any additional source of extinguishing agent or expellant energy for its operation during the time it is being discharged. It must weigh more than 50 pounds, when fully charged.
( c ) Every semi-portable fire extinguisher must be supplied with a suitable bracket which will hold the extinguisher securely in its stowage location on vessels or boats, and which is arranged to provide quick and positive release of the extinguisher for immediate use.
( d ) Every semi-portable extinguisher may be additionally examined and tested to establish its reliability and effectiveness in accordance with the intent of this specification for a “marine type” semi-portable fire extinguisher when considered necessary by the Coast Guard or by the recognized laboratory.
[USCG-2012-0196, 81 FR 48279, July 22, 2016]
§ 196.20-1 Unnecessary whistling prohibited. ( a ) The unnecessary sounding of the vessel's whistle is prohibited within any harbor limits of the United States.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**788 KA 13-00201** 
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

RICHARD KESICK, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (VINCENT F. GUGINO OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (NICHOLAS T. TEXIDO OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered December 12, 2012. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of grand larceny in the third degree (Penal Law § 155.35 [1]), defendant contends that his waiver of the right to appeal is invalid. We reject that contention. County Court “engage[d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice . . . , and the record establishes that defendant understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” ( People v Blurts , 114 AD3d 1272, 1273, lv denied 22 NY3d 1197 [internal quotation marks omitted]; see People v Lopez , 6 NY3d 248, 256; People v Hicks , 89 AD3d 1480, 1480-1481, lv denied 18 NY3d 924). We thus conclude that “[the plea colloquy and the written waiver of the right to appeal signed [and acknowledged in court] by defendant demonstrate that [he] knowingly, intelligently and voluntarily waived the right to appeal” ( People v Caleche , 94 AD3d 1418, 1419, lv denied 19 NY3d 959; see People v Pulley , 107 AD3d 1560, 1561, lv denied 21 NY3d 1076; People v Ramsey , 105 AD3d 1448, 1449, lv denied 21 NY3d 1019).

Contrary to defendant’s further contention, the valid waiver of the right to appeal encompasses his challenge to the severity of the sentence, including the imposition and amount of restitution, the terms of which were made a part of the plea agreement ( see Lopez , 6 NY3d at 255; People v Graves , 96 AD3d 1466, 1466, lv denied 19 NY3d**-2- 788 KA 13-00201** 

1026; People v Butler , 81 AD3d 1465, 1465, lv denied 17 NY3d 805).

Entered: July 3, 2014 Frances E. Cafarell Clerk of the Court
#### § 204.2 Claims payable.

Claims for death, personal injury, or damage to or loss of real or personal property are payable when the death, injury or damage is caused by a negligent or wrongful act or omission of an employee of the Maritime Administration, while acting within the scope of employment and under circumstances in which the United States, if a private person, would be liable to the claimant under the law of the place where the act or omission occurred.
4:15-cv-11019-LVP-DRG Doc # 1 Filed 03/18/15 Pg 1 of 38 Pg ID 1
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Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:
Boston
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New York
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Philadelphia
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Cleveland
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Richmond
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Atlanta
Chicago
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Minneapolis
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# District: 1
Federal Reserve Bank of: Boston

## Filings received during the week ending August 18, 2007

|Filer                  | Filing Type   | Filing Proposal                                                                                                                                                                                                                                                         | End of Comment Period                                
|---------------------- | ------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -----------------------------------------------------
|NORTHERN BANCORP, INC. | CIC           | Notice pursuant to the Change in Bank Control Act of 1978 by James J. Mawn, Sr. Gloucester, Massachusetts, and members of his immediate family and affiliated entities acting in concert to acquire additional shares of Northern Bancorp, Inc., Woburn, Massachusetts. | Newspaper:Not availableFederal Register:Not available
|Newspaper:             | Not available
|Federal Register:      | Not available

## Availability of CRA Public Evaluations

|Institution / Location | RSSDID | Exam Date | CRAPublic Date | CRARating | Exam Method
|---------------------- | ------ | --------- | -------------- | --------- | -----------
|NONE                  

## CRA Examinations scheduled for     Quarter of

|Institution | Location
|----------- | --------
|NONE       

Release dates | Full version (300 KB PDF)Actions by the Board | Actions 
  under delegated authority
  Applications and reports:
Boston
 |
New York
 |
Philadelphia
 |
Cleveland
 |
Richmond
 |
Atlanta
Chicago
 |
St. Louis
 |
Minneapolis
 |
Kansas City
 |
Dallas
 |
San Francisco

---

Home Banking information and regulation  Accessibility Contact 
  us
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

Pursuant to the Federal Advisory Committee Act, the Department of Health and Human Services (HHS) announces the following advisory committee meeting.

*Name:*                     National Comittee on Vital and Health Statistics (NCVHS) Subcommittee on Privacy and Confidentiality.                

*Time and Date:*                     April 17, 2007, 9 a.m.-5 p.m.                

*Place:*                     Hilton Embassy Row, 2015 Massachusetts Avenue, NW., Washington, DC 20036.                

*Status:*                     Open.                

*Purpose:*                     The purpose of this session will be to discuss consumer controls for sensitive health records.                

*For Further Information Contact:*                     Substantive program information as well as summaries of meetings and a roster of committee members may be obtained from Maya A. Berstein, Lead Staff for Subcommittee on Privacy and Confidentiality, Office of the Assistant Secretary for Planning and Evaluation, 434E Hubert H. Humphrey Building, 200 Independence Avenue, SW., Washington, DC 20201; telephone (202) 690-7100; or Marjorie S. Greenberg, Executive Secretary, NcVHS, National Center for Health Statistics, Centers for Disease Control and Prevention, 3311 Toledo Road, Room 2402, Hyattsville, Maryland 20782; telephone (301) 458-4245. Information also is available on the NCVHS home page of the HHS Web site:                     *http://www.ncvhs.hhs.gov/​,*                     where further information including an agenda will be posted when available.                

Should you require reasonable accommodation, please contact the CDC Office of Equal Employment Opportunity on (301) 458-4EEO (4336) as soon as possible.

Dated: April 10, 2007.

James Scanlon, 

Deputy Assistant Secretary for Planning and Evaluation (OSDP), Office of the Assistant Secretary for Planning and Evaluation.

[FR Doc. 07-1885 Filed 4-16-07; 8:45am]

BILLING CODE 4151-05-M
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Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.137-2 Incorporation by reference. Cross Reference
Link to an amendment published at 89 FR 76705 , Sept. 18, 2024.
( a ) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .*
( b ) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, *http://www.imo.org .* ( 1 ) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (“FTP Code”), IBR approved for § 164.137-3(a).
( 2 ) Resolution A.754(18), Recommendation on Fire Resistance Tests for “A”, “B” and “F” Class Divisions, adopted 4 November 1993 (“IMO Resolution A.754(18)”), IBR approved for § 164.137-3(a).
#### LAKE & RISLEY COMPANY, INCORPORATED, PLAINTIFF-APPELLANT, v. LEMUEL STILL, BUILDER; EDWARD L. GALLOWAY AND LOUISE H. GALLOWAY, OWNERS, DEFENDANTS-APPELLEES.

Decided January 4, 1929.

*48Before Justices Trektchard, Kalisch and Lloyd.

Eor the appellant, *Carlton Godfrey*and *William B. Garrison.*

Eor the appellees, *Cole & Cole.*

Pee Cubiam.

Prom the state of the case, as settled by the court, it appears that the defendants Edward L. Galloway and Louise H. Galloway were the owners of premises known as No. 407 North Ohio avenue, Atlantic City, New Jersey, being the premises upon which the lien is' claimed, and consists of a two-story frame dwelling house about twenty-five feet in width and about fifty feet in depth; that said defendant engaged the defendant Lemuel M. Still, as builder, to make certain improvements to said building, that the general nature of said improvements is as follows: Two rooms were added on the front of said premises; on the ground floor a store about ten feet by sixteen feet built of cement block; on the second floor a sun parlor ten feet by sixteen feet; that the changes to the building were made “out in front” and “up” as expressed by the witnesses; that the-lateral side lines of the building were not disturbed and remained unchanged; that the lateral frontage of the building remained unchanged, and that the improvement was not a lateral addition.”

This being the state of the proof, counsel of defendants moved to dismiss the lien and complaint, as to Edward L. Galloway and Louise H. Galloway, owners, on the ground that these changes and improvements were in law, alterations and repairs and not additions.

The trial judge granted the motion as to the defendants named, relying on *Updike*v. Skillman, 27 *N. J. L.*131.

In the case cited, Chief Justice Green (at *p.*132) says: “An addition erected to a former building, to constitute a building within the meaning of the Mechanics’ Lien law *49*(Nix. Dig.*487, ¶ 5) must be a lateral addition. It must occupy ground without the limits of the building to which it constitutes an addition, so that the lien shall be upon the building formed by the addition, and, the land upon which it stands.”

“An alteration in a former building by adding to it heighth or to its depth or to the extent of its interior accommodations is an *alteration,*merely, and not an *addition,*within the contemplation of the act.”

Testing the undisputed facts of this case by the decision in *Updike*v. *Skillman, supra,*the conclusion is inescapable that the nature of the work did not constitute an addition. The case cited is controlling.

Judgment is affirmed, with costs.
**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 Numatics, Incorporated (the “Company”) on Form 10-K for the period ended December 31, 2003 as filed withthe Securities and Exchange Commission on the date hereof (the “Report”), I, John H. Welker, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002: 

 

(1) that the Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. § 78m or 78o(d)); and 

 

(2) that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of theCompany.
#### § 183.520 Lifeboat winches.

Each electric power operated lifeboat winch must meet, 111.95 in subchapter J and § 160.015 in subchapter Q of this chapter, or other standard specified by the Commandant.
#### § 32.65-35 Tank vessels carrying Grade A liquids—TB/ALL.

Cargo tanks for Grade A liquids having a Reid vapor pressure in excess of 25 pounds shall be independent of the hull.
<PAGE>
 
                                 EXHIBIT 23.1
 
                         INDEPENDENT AUDITORS' CONSENT
 
The Board of Directors and Stockholders
Lycos, Inc.:
 
  We consent to the incorporation by reference in the registration statement
(No. 333-13715) on Form S-8 of Lycos, Inc. of our report dated September 3,
1996 relating to the consolidated balance sheets of Lycos, Inc. and subsidiary
as of July 31, 1996 and 1995 and the related consolidated statements of
operations, stockholders' equity and cash flows for the year ended July 31,
1996 and for the period from inception (June 1, 1995) to July 31, 1995, which
report appears in the July 31, 1996 annual report on Form 10-K of Lycos, Inc.
 
                                          KPMG Peat Marwick LLP
 
Boston, Massachusetts
October 25, 1996