alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 62, Number 201 (Friday, October 17, 1997)]
[Notices]
[Pages 54042-54043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27526]


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DEPARTMENT OF COMMERCE


Submission for OMB Review; Comment Request

    The Department of Commerce (DOC) has submitted to the Office of 
Management and Budget (OMB) for clearance the following proposal for 
collection of information under provisions of the Paperwork Reduction 
Act (44 U.S.C. Chapter 35).
    Agency: National Oceanic and Atmospheric Administration (NOAA).
    Title: Regulations Under the Marine Mammal Protection Act Governing 
the Small Take of Marine Mammals Incidental to Specified Activities.
    Agency Form Number: None.
    OMB Approval Number: 0648-0151.
    Type of Request: Reinstatement of a previously approved collection.
    Burden: 3,926.
    Number of Respondents: 35.
    Avg Hours Per Response: 60 hours (requests for regulations average 
483 hours, applications for Letters of Authorization average 3 hours, 
applications for Incidental Harassment Authorizations average 200 
hours, and reports range from 30-150 hours a response.
    Needs and Uses: The harassment, injury or death of marine mammals 
is prohibited by the Marine Mammal Protection Act (MMPA), unless 
permitted, exempted, or otherwise authorized. Providing the taking 
(harassment, injury, mortality) is negligible, maritime activities that 
result in the incidental taking of marine

[[Page 54043]]

mammals need an authorization under the MMPA to avoid prosecution under 
the MMPA. The Act requires applicants to submit information justifying 
the authorization. The MMPA also requires monitoring and reporting on 
marine mammal interactions with the activity.
    Affected Public: Federal Government, businesses or other for-profit 
organizations, not-for-profit institutions and state, local or tribal 
government.
    Frequency: Annually, and 90 day reporting requirements.
    Respondent's Obligation: Required to obtain or retain a benefit.
    OMB Desk Officer: David Rostker, (202) 395-3897.
    Copies of the above information collection proposal can be obtained 
by calling or writing Linda Engelmeier, DOC Forms Clearance Officer, 
(202) 482-3272, Department of Commerce, Room 5327, 14th and 
Constitution Avenue, N.W., Washington, D.C. 20230.
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to David Rostker, OMB Desk Officer, Room 10202, New Executive Office 
Building, 725 17th Street, N.W., Washington, D.C. 20503.

    Dated: October 9, 1997.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and 
Organization
[FR Doc. 97-27526 Filed 10-16-97; 8:45 am]
BILLING CODE 3510-22-P
* Honorable Henry A. Politz, U.S. Circuit Judge fo r the Fifth Circuit, sitting by designation. Kris Edward HELTON, Plaintiff-Appellee,

v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, Defendant-Appellant. No. 00-10097. United States Court of Appeals, Eleventh Circuit.

July 17, 2001. Appeal from the United States District Court for the Southern District of Florida (No. 98-10110-CV-NCR); Norman C. Roettger, Jr., Judge. Before TJOFLAT, HILL and POLITZ * , Circuit Judges. PER CURIAM: The petition for rehearing filed by the Secretary for the Department of Corrections is GRANTED. The panel's prior opinion, Helton v. Secretary for the Dep't of Corrections, 233 F.3d 1322 (11th Cir.2000), is hereby VACATED. SO ORDERED.
Exhibit 32
 
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL 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 Annual Report of MERGE HEALTHCARE INCORPORATED (Company) on Form 10-K for the year ended December 31, 2010, as filed with the SEC on the date hereof (Report), Jeffery A. Surges, as principal executive officer of the Company, and Steven M. Oreskovich, as principal financial officer of the Company, each hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of their 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.
  
 Date: March 15, 2011
By:
/s/ Jeffery A. SurgesJEFFERY A. SURGESChief Executive Officer(principal executive officer)Date: March 15, 2011
By:
/s/ Steven M. OreskovichSteven M. OreskovichChief Financial Officer(principal financial officer)
 
 
 This certification accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
Washington State Design Manual

Providing Engineers with the Tools to Design Safe Pedestrian Crossings

Summary

This manual facilitates the development of a 

highway system consistent with the needs of the 

multimodal traveling public and provides detailed 

guidance on target speeds and the installation of 

marked crosswalks at uncontrolled intersections 

and mid-block locations.

Highlights

CROSSWALKS AT INTERSECTIONS: Legal crosswalks 

exist at all intersections, whether marked or not. 

Crosswalk markings are provided on all legs of an 

intersection, except in rare cases. (p. 1510-23)

MIDBLOCK CROSSWALKS: On roadways with 

pedestrian crossing traffic caused by nearby 

pedestrian generators, a midblock crossing may be 

appropriate. (p. 1510-25)

COUNTERMEASURES AT CROSSWALKS: Detailed 

guidance exists on curb extensions, traffic islands, 

and illumination. (pp. 1510-27; 1510-29; 1510-42) 

LANE WIDTHS AND CROSSING DISTANCE: Reduced lane 

widths allow more lanes to be provided in areas with 

constraints and allow shorter pedestrian crossing 

times because of reduced crossing distances. (p. 

1231-3)

INTERSECTION DESIGN: WSDOT’s policy provides 

flexibility when choosing the intersection design 

vehicle and balances user needs to avoid the 

unnecessary expense of oversizing intersections. 

Considerations include frequency of the design 

vehicle and effects on other design users, 

specifically pedestrian crossing distance and times. 

(p. 1103-6)

Sponsoring Agency: Washington State Department of Transportation (WSDOT)

Plan Date: 2017

URL: https://www.wsdot.wa.gov/Publications/Manuals/M22-01.htm 

FHWA-SA-18-053

 Image Source: WSDOT Design Manual, 2018 

Median Island Cut-Through
[Federal Register Volume 62, Number 200 (Thursday, October 16, 1997)]
[Notices]
[Page 53784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27309]


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FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act. Unless otherwise noted, nonbanking 
activities will be conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than November 7, 1997.
    A. Federal Reserve Bank of Kansas City (D. Michael Manies, 
Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 
64198-0001:
    1. Citizens Bancshares Company, Chillicothe, Missouri; to merge 
with Trenton Trust Bancshares, Inc., Trenton, Missouri, and thereby 
indirectly acquire Trenton Trust Company, Trenton, Missouri.

    Board of Governors of the Federal Reserve System, October 9, 
1997.
William W. Wiles,
Secretary of the Board.
[FR Doc. 97-27309 Filed 10-15-97; 8:45 am]
BILLING CODE 6210-01-F
MEMORANDUM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET ATLANTA, GEORGIA 30303-8960

January 23, 2014

SUBJECT: MOVES Modeling Files for Federal RegisterDocument EPA-R04-0AR-2012- 0893; Approval and Promulgation ofImplementation Plans and Designation of Areas for Air QualityPlanningPurposes; Georgia; Redesignation ofthe Rome, Georgia 1997 Annual Fine Particulate MatterNonattainment Areato Attainment FROM: Joydeb Majumder

# J tv\ Regulatory Development Section TO: File and Docket EPA-R04-0AR-2012-0893
Dueto the MOVES modeling file type, the Regionwas unable to upload the MOVES files from Georgia's submittal to the Federal Docket Management System. An electronic copy canbe viewed at the Regulatory Development Section, AirPlanning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. EPArequests that, ifat all possible, you schedule your inspection. Please contactJoydeb Majumder, listed in the FOR FURTHER INFORMATION CONTACT section ofthe January 23, 2014, Federal Registernotice for an appointment. The Regional Office's official hours ofbusiness are'Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

Internet Address (URL) • http://www.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
#### STATE of Florida, Appellant, v. Benjamin WILLIAMS et al., Appellees.

No. 52268.

Supreme Court of Florida.

May 18, 1978.

David H. Bludworth, State’s Atty., and Moses Baker, Asst. State’s Atty., West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Larry S. Weaver and Jerry L. Schwarz, Asst. Public Defenders, West Palm Beach, for appellees.

William L. Richey of Steel, Hector & Davis, Miami, for Florida Power and Light Co., amicus curiae.

W. Robert Fokes, Tallahassee, for Florida Cable Television Ass’n, Inc., amicus curiae.

PER CURIAM.

Affirmed. *MacMillan v. State,*358 So.2d 547 (Fla.1978).

OVERTON, C. J., and ADKINS, BOYD and ALDERMAN, JJ., concur.

ENGLAND, J., dissents.
II 

118TH CONGRESS 

1ST SESSION S. 2760 

To amend the Truth in Lending Act to cap credit card interest rates. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 11, 2023 

Mr. HAWLEY introduced the following bill; which was read twice and referred 

to the Committee on Banking, Housing, and Urban Affairs 

A BILL 

To amend the Truth in Lending Act to cap credit card 

interest rates. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Capping Credit Card 

5 Interest Rates Act’’. 

6 SEC. 2. CAP ON CREDIT CARD INTEREST RATES. 

7 Section 107 of the Truth in Lending Act (15 U.S.C. 

8 1606) is amended by adding at the end the following: 

9 ‘‘(f)(1) The annual percentage rate applicable to an 

10 extension of credit obtained by use of a credit card may 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 2760 IS

1 not exceed 18 percentage points, inclusive of all finance 

2 charges. 

3 ‘‘(2) Any fees that are not considered finance charges 

4 under section 106(a) may not be used to evade the limita5 tions of this paragraph, and the total sum of such fees 

6 may not exceed the total amount of finance charges as7 sessed. 

8 ‘‘(3) Any creditor who violates this subsection shall 

9 be subject to the provisions of section 130.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Miclot Amendment to Employment Agreement



 
Exhibit 10.45

 
AMENDMENT NO. 3 TO THE EMPLOYMENT AGREEMENT

BETWEEN RESPIRONICS, INC. AND JOHN L. MICLOT 
 
This Amendment No. 3, dated as of October 23, 2002, by and between Respironics, Inc. and John L. Miclot
(“Executive”). 
 
WHEREAS, the parties
hereto are parties to an Employment Agreement dated on or about November 10, 1997 (the “Employment Agreement”), and 
 
WHEREAS, the parties hereto, without creating any precedential effect, wish to amend the Employment Agreement in the manner hereinafter
specified in order to recognize an agreed upon change in title and responsibility; 
 
NOW THEREFORE, the parties hereto, in consideration of their mutual covenants and agreements herein contained, and intending to be legally bound hereby, covenant and agree as follows: 
 
1. The parties hereby acknowledge and agree that,
notwithstanding the first sentence of Section 1.01 or the first sentence of Section 4.05 of the Employment Agreement, as amended, Executive’s current title and position is Chief Strategic Officer and Executive Vice President of the Company. The
parties hereby agree that this change in title and position were agreed upon and that it did not and does not trigger any termination or other compensation provision in the Employment Agreement, including without limitation any right for Executive
to terminate the Employment Agreement pursuant to Section 2.04(a) thereof and receive the payments contemplated thereby. 
 
2. Section 2.04 (c) shall be renumbered to Section 2.04 (d) and the following shall be inserted as the new Section 2.04 (c): 
 
In the event that a vacancy exists at the
Company for the positions of Chief Executive Officer or Chief Operating Officer, Executive may terminate his employment with the Company within ninety (90) days of such vacancy being filled if he has not been offered the opportunity to fill the
vacancy. If Executive terminates under these circumstances, he shall be entitled to the compensation provided for in Section 2.05 upon such termination, provided that, under this circumstance, the term “W-2 Wages” does not include any gain
from the exercise of stock options to the extent such gain would otherwise be includable in the term W-2 Wages. 
 
3. Except as amended hereby, the Employment Agreement shall continue in full force and effect as originally entered into. 
 
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment or caused this Amendment to be executed the day and year first above written. 
 

	
	  Witness:
	  	  	  	  /s/    John L. Miclot


	  Dorita Pishko
	  	  	  	  John L. Miclot

	
	  Attest:
	  	  	  	  RESPIRONICS, INC.

	
	  /s/    Dorita Pishko

	  	  	  	  By:
	  	  /s/    James W. Liken


	  Secretary
	  	  	  	  President and Chief Executive Officer
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 Amended Quarterly Report of IA Global, Inc. (the
"Company") on Form 10-Q for the quarter ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Alan
Margerison, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, to the best of my knowledge, that:

         (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 result of operations of the
company for the dates and periods covered by the Report.

This certificate is being made for the exclusive purpose of compliance by the
Chief Executive Officer of the Company (or equivalent) with the requirements of
Section 906 of the Sarbanes-Oxley Act of 2002, and may not be used by any person
or for any reason other than as specifically required by law.


                                        /s/ Alan Margerison
                                        -------------------
                                        Alan Margerison
                                        Chief Executive Officer
                                        April 14, 2004
NEIL ABERCROMBIE GOVERNOR Of HAW•JI LORETTA J. FUDDY, A.C.S.W., M.P.H. DL'<EGTOR OF HEALTH 

STATE OF HAWAii.; l tJ 

DEPARTMENT OF HEALTH 

P. 0. BOX 4444 

KALAUPAPA, HI 96742 

In re9ly, pleasemferto. 

March 11, 2014 

Kevin D. Schlemmer, Chief 

Essential Air Service & Domestic Analysis Division 

U.S. Department of Transportation 

1200 New Jerseys Ave, SE 

Washington, DC 20590 

Dear Mr. Schlemmer: 

As we approach another milestone date in determining what airline will provide continuing 

Essential Air Service to Kalaupapa, Hawaii, the community wanted to again express its strong 

support for the continuation of EAS services by Makani Kai Air. 

As you know, the Federal Aviation Administration has advertised for an Essential Air Service 

(EAS) provider for service to and from Kalaupapa Settlement on the Island of Molokai in 

Hawaii, Order 2013-10-3 for service beginning in May, 2014. 

File: 

EAS has provided the opportunity for Kalaupapa residents and visitors to travel to and from the 

Settlement. The economy the EAS has brought to the price of tickets has been essential to 

connect the ageing patient population and growing support population with the outside world and 

to bring guests to this very significant historical and religious Hawaiian site. 

As the community has stated previously and would like to state again today, Makani Kai has 

provided superior service to the Kalaupapa Settlement for the past 2 years. Makani Kai worked 

closely with the community to provide optimum service and allowed a resident rate for travel 

that has allowed and encouraged connection to both topside Molokai and Honolulu. Both 

locations are vital links to medical services, nonnal government services and other shopping and 

entertainment activities. 

Please give your most serious consideration to Makani Kai's fme record operating under the 

EAS and award the new contract to them for the foreseeable future. ft is imperative for the 

health and welfare of this community that you do so to provide long term security to this 

community for access to and from Kalaupapa Settlement. 

Sincerely, 

Mark Miller 

Administrator Kalaupapa Settlement and (attached) residents 
The Patients and Residents of Kalaupapa support Makani Kai and the EAS for their 

continued great service to Kalaupapa. 

PRINT NAME 

5HA:LG i fSc)Rf.-)Efll 

</:1/le~ CtZ;c:p-e.l ~ 

SIGNATURE DATE 

5/1! /;<J 

lt f< /.( 

:> ·- (? - L-C/(' 'f 

3_/31)1 
.! 

The Patients and Residents of Kalaupapa support Makani Kai and the EAS for their 

continued great service to Kalaupapa. 

PRINT NAME SIGNATURE DATE 

-3 - Jl ~ :;o I-/ 

3- /I~ z_.oll 
The Patients and Residents of Kalaupapa support Makani Kai and the EAS for their 

continued great service to Kalaupapa. 

PRINT NAME SIGNATURE DATE 

~ b 1(1111 bV\ ~ Ci.IJSLt-<7 fL. 
The Patients and Residents of Kalaupapa support Makani Kai and the EAS for their 

continued great service to Kalaupapa. 

PRINT NAME SIGNATURE DATE
#### FRANK BRIGTSEN, INC. v. ALPHA BUILDERS, INC. & Charles Foster.

No. 8529.

Court of Appeal of Louisiana, Fourth Circuit.

Oct. 12, 1977.

Cronvich & Wambsgans, Metairie, Kenneth V. Ward, Jr., New Orleans, for plaintiff-appellee.

Scariano & McCranie, George Scariano, Metairie, for defendants-appellants.

Before SAMUEL, LEMMON and BEER, JJ.

LEMMON, Judge.

This is a suit on an open account against Alpha Builders, Inc. and Charles Foster, who owned 50% of the stock in the corporation. The trial court rendered judgment holding the defendants liable in solido for the account balance. Foster has appealed.

The issue on appeal is whether the evidence is sufficient to hold Foster liable for the debt, either by contracting the debt individually or by becoming a surety on the debt contracted by the corporation.

The invoices, reflecting a series of sales of building materials, are not in the record, but plaintiff’s manager testified that, according to the invoices, the materials were sold and delivered to Alpha Builders, Inc. He further testified that Foster “requested that they (the materials) be sold to Alpha Builders, Inc.”, but that, because of a credit statement completed and executed by Foster, he was under the impression that Foster was to be responsible for the debt.

A creditor suing on an open account has the burden of proving that the defendant, alleged to be the debtor, contracted for the sales on open account. In the present case there is no specific testimony that Foster ordered the particular materials or was in any way connected with the particular purchases at issue. Indeed, plaintiff’s procedure of addressing invoices and Foster’s testimony that the materials were ordered by an employee of th.; corporation indicate that Alpha Builders, Inc. purchased the materials involved in these sales. Moreover, there was no evidence *778whatsoever of an account in the name of Charles Foster. We therefore conclude plaintiff failed to prove Foster was liable on the debt as purchaser of the materials.1

As to Foster’s liability as surety for the debtor, plaintiff argues that credit was extended on the basis of the following document completed and signed by Foster:

*779

This argument essentially asserts that Foster was liable as surety for the debt incurred by Alpha Builders, Inc. However, suretyship cannot be presumed, but must be expressed. C.C. art. 3039. Nowhere in the document does Foster expressly bind himself to satisfy the obligation of Alpha Builders, Inc. Foster therefore cannot be held liable as surety for the debtor.

Accordingly, the judgment of the trial court as to Charles Foster is reversed, and it is now ordered that the suit against Charles Foster be dismissed. Each party is to bear his own costs in both courts.

*REVERSED AND RENDERED.*

1

. This case does not present the frequently occurring problem of a corporate agent failing to disclose his representative status to a seller who is otherwise unaware that the other contracting party is a corporation. Here, the seller was well aware that the purchaser was a corporation and addressed the invoices to the corporation at the request of the corporate agent.
<PAGE>

                                 EXHIBIT 23.1

                        Consent of Independent Auditors

We consent to the incorporation by reference in the following Registration
Statements: Form S-8 No. 33-67076 and Form S-8 No. 33-87630 pertaining to the
BroadBand Technologies, Inc. 1988 Incentive Stock Option Plan; Form S-8 No. 33-
67724 pertaining to the BroadBand Technologies, Inc. 1992 Nonqualified Stock
Option Plan; Form S-8 No. 33-73802 pertaining to the BroadBand Technologies,
Inc. 401(k) Plan; Form S-8 No. 333-09661 pertaining to the BroadBand
Technologies, Inc. 5% Convertible Subordinated Notes due May 15, 2001; and Form
S-8 No. 333-10443 pertaining to the BroadBand Technologies, Inc. 1,000,000
shares of common stock issuable upon exercise of outstanding warrants of our
report dated January 19, 2001, except for Note 18 as to which the date is March
21, 2001, with respect to the financial statements and schedules of Pliant
Systems, Inc. (formerly BroadBand Technologies, Inc.) included in the Annual
Report (Form 10-K) for the year ended December 31, 2000.



/s/ ERNST & YOUNG LLP
---------------------
Ernst & Young LLP




Raleigh, North Carolina
March 27, 2001

                                      84