alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### 49249 Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Proposed Rules

new comment period ends on January 24, 2014. David M. Capozzi,
Executive Director. [FR Doc. 2013–19595 Filed 8–12–13; 8:45 am]

**BILLING CODE 8150–01–P**

**DEPARTMENT OF HEALTH AND HUMAN SERVICES** 

**45 CFR Part 98**
**Child Care and Development Fund (CCDF) Program; Reopening of**  **Comment Period**

**AGENCY :**  Administration for Children and Families, Department of Health and Human Services.
**ACTION :**  Proposed rule; reopening of comment period.

**SUMMARY :**  The Administration for Children and Families within the U.S. Department of Health and Human Services (HHS) is reopening and extending the period to submit comments on the proposed rule for the Child Care and Development Fund (CCDF), published in the Federal Register of May 20, 2013. The proposed rule makes changes to the CCDF regulatory provisions in order to strengthen health and safety requirements for child care providers, reflect current State and local practices to improve the quality of child care, infuse new accountability for Federal tax dollars, and leverage the latest knowledge and research in the field of early care and education to better serve low-income children and families.

**DATES :**  The comment period for the proposed rule that published May 20, 2013 (78 FR 29441), is reopened. Comments will be received through August 23, 2013. To receive consideration comments must be received no later than 11:59 p.m. E.D.T. on that date.

**ADDRESSES :**  You may submit written comments to the following address: Office of Child Care, 370 L’Enfant Promenade SW., Washington, DC 20024, Attention: Cheryl Vincent, Office of Child Care, or electronically via the Internet at: http://www.regulations.gov.

**FOR FURTHER INFORMATION CONTACT :**  Cheryl Vincent, Office of Child Care, 202–205–0750 (not a toll-free call). Deaf and hearing impaired individuals may call the Federal Dual Party Relay Service at 1–800–877–8339 between 8 a.m. and 7 p.m. Eastern Time.

**SUPPLEMENTARY INFORMATION :**  HHS published a proposed rule for the Child Care and Development Fund (CCDF) in the Federal Register on May 20, 2013 (78 FR 29441) with a deadline for public comments on April 5, 2013 by 11:59 p.m. E.D.T. The Web site for submitting public comments, http:// www.regulations.gov, experienced technical difficulties and was unavailable for periods of time during the several days prior to this deadline and many commenters reported difficulty submitting their comments using this mechanism. In addition, the site was shut down for maintenance at 6 p.m. E.D.T. on Monday, August 5th shortening the time allowed for submitting public comment. Therefore, HHS is re-opening the comment period for 10 days to ensure all interested parties have an opportunity to submit comment on the proposed rule.

Dated: August 9, 2013. Kathleen Sebelius, Secretary. [FR Doc. 2013–19704 Filed 8–12–13; 8:45 am]

**BILLING CODE 4150–28–P**
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 15-2985

___________________________

Randall S. Krause

lllllllllllllllllllll Plaintiff - Appellant

v.

City of Omaha

lllllllllllllllllllll Defendant - Appellee

____________

Appeal from United States District Court 

for the District of Nebraska - Omaha

____________

 Submitted: February 11, 2016

Filed: February 22, 2016

[Unpublished]

____________

Before BENTON, BOWMAN, and KELLY, Circuit Judges.

____________

PER CURIAM.

Randall Krause appeals after the district court dismissed his complaintseeking

1

declaratory and injunctive relief under the Resource Conservation and Recovery Act

The Honorable Laurie Smith Camp, Chief Judge, United States District Court

1

for the District of Nebraska.
(RCRA), 42 U.S.C. §§ 6901-6992, related to the City of Omaha’s use of sodium

chloride and sodium ferrocyanide--a type of road salt to melt snow and ice--on a

street located within a flood plain.

After careful review, we conclude that the district court did not err in

dismissing Krause’s complaint on grounds that the road salt described in the

complaint did not meet the statutory definition of “solid waste” under RCRA. See

Minn. Majority v. Mansky, 708 F.3d 1051, 1055 (8th Cir. 2013) (dismissal for failure

to state claim reviewed de novo; appellate court assumes all facts in complaint to be

true and construes all reasonable inferences from those facts favorably to

complainant); cf. Ecological Rights Found. v. Pac. Gas & Elec. Co., 713 F.3d 502,

514-18 (9th Cir. 2013) (affirming lower court’s dismissal of complaint claiming that

utility company had violated RCRA by treating utility poles with wood preservative,

which was released over time and was in turn “discarded” by rain water falling on

poles; concluding that such wood preservative was not “discarded”, and therefore was

not “solid waste” under RCRA, where it was released into the environment as an

expected consequence of its intended use).

Accordingly, we affirm. See 8th Cir. R. 47B.

______________________________

-2-
Exhibit 32.1 

 

 

 

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO 

18 U.S.C. SECTION 1350 

 

 

 

 

In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2017 of Aqua America, Inc. (the “Company”) as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Christopher H. Franklin, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge: 

 

 

|  | (1) |  | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. Section 78m or Section 78o); and  |
|--|-----|--|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

|  | (2) |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  |
|--|-----|--|------------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

 

| ﻿                                    |   |
|---------------------------------------------|--------|
| /s/ Christopher H. Franklin                 |   |
| Christopher H. Franklin                |   |
| President and Chief Executive Officer  |   |
| August 3, 2017                              |   |

﻿

----
# Iris Oifigiúil L NaN/2018

| | ISSN 1977-0839 |
| --- | --- |
| Iris Oifigiúil
  an Aontais Eorpaigh | Eagrán Speisialta (
  *1
  ) |
| | |
| An t-eagrán Gaeilge | Reachtaíocht | Imleabhar 618 Márta 2018 |

ISSN 1977-0839

Iris Oifigiúil

an Aontais Eorpaigh

Eagrán Speisialta (
  *1
  )

*1

An t-eagrán Gaeilge

Reachtaíocht

Imleabhar 618 Márta 2018

---

| Clár | | Ceartúcháin | Leathanach |
| --- | --- | --- | --- |
| | * | Ceartúchán ar Rialachán (AE) 2018/302 ó Pharlaimint na hEorpa agus ón gComhairle an 28 Feabhra 2018 maidir le haghaidh a thabhairt ar gheobhlocáil nach bhfuil údar léi agus ar chineálacha eile idirdhealaithe bunaithe ar náisiúntacht, áit chónaithe nó áit bhunaithe custaiméirí laistigh den mhargadh inmheánach agus lena leasaítear Rialacháin (CE) Uimh. 2006/2004 agus (AE) 2017/2394 agus Treoir 2009/22/CE ( IO L 60 I, 2.3.2018 ) | 1 |

Clár

Ceartúcháin

Leathanach

*

Ceartúchán ar Rialachán (AE) 2018/302 ó Pharlaimint na hEorpa agus ón gComhairle an 28 Feabhra 2018 maidir le haghaidh a thabhairt ar gheobhlocáil nach bhfuil údar léi agus ar chineálacha eile idirdhealaithe bunaithe ar náisiúntacht, áit chónaithe nó áit bhunaithe custaiméirí laistigh den mhargadh inmheánach agus lena leasaítear Rialacháin (CE) Uimh. 2006/2004 agus (AE) 2017/2394 agus Treoir 2009/22/CE ( IO L 60 I, 2.3.2018 )

( IO L 60 I, 2.3.2018 )

1

| | |
| --- | --- |
| | (*1)   Faoin tagairt L 66 a foilsíodh ábhar an eagráin seo i dteangacha oifigiúla eile an Aontais Eorpaigh. |

---

(*1)   Faoin tagairt L 66 a foilsíodh ábhar an eagráin seo i dteangacha oifigiúla eile an Aontais Eorpaigh.

*1

| GA | Tagraíonn gníomhartha a bhfuil a dteidil i gcló éadrom do bhainistiú cúrsaí talmhaíochta ó lá go lá agus go ginearálta bíonn tréimhse theoranta bailíochta i gceist leo.
  Tá teidil na ngníomhartha eile i gcló trom agus tagann réiltín rompu. |
| --- | --- |

GA

Tagraíonn gníomhartha a bhfuil a dteidil i gcló éadrom do bhainistiú cúrsaí talmhaíochta ó lá go lá agus go ginearálta bíonn tréimhse theoranta bailíochta i gceist leo.

Tá teidil na ngníomhartha eile i gcló trom agus tagann réiltín rompu.

---

Ceartúcháin

| 8.3.2018 | GA | Iris Oifigiúil an Aontais Eorpaigh | 1 |
| --- | --- | --- | --- |

8.3.2018

GA

Iris Oifigiúil an Aontais Eorpaigh

1

---

Ceartúchán ar Rialachán (AE) 2018/302 ó Pharlaimint na hEorpa agus ón gComhairle an 28 Feabhra 2018 maidir le haghaidh a thabhairt ar gheobhlocáil nach bhfuil údar léi agus ar chineálacha eile idirdhealaithe bunaithe ar náisiúntacht, áit chónaithe nó áit bhunaithe custaiméirí laistigh den mhargadh inmheánach agus lena leasaítear Rialacháin (CE) Uimh. 2006/2004 agus (AE) 2017/2394 agus Treoir 2009/22/CE

(
  Iris Oifigiúil an Aontais Eorpaigh L 60 I Eagrán Speisialta Gaeilge an 2 Márta 2018
  )

Ar leathanach 14, sna forálacha críochnaitheacha:

in ionad:

“
  Thar ceann Pharlaimint na hEorpa

An tUachtarán

L. PAVLOVA

Thar ceann na Comhairle

An tUachtarán

A. TAJANI
  ”,

léitear:

“
  Thar ceann Pharlaimint na hEorpa

An tUachtarán

A. TAJANI

Thar ceann na Comhairle

An tUachtarán

L. PAVLOVA
  ”.

---
**Exhibit 10.6**

 

**Management Incentive Program Summary**

 

Overview

 

TheManagement Incentive Program (the “Program”) of Genaissance Pharmaceuticals,Inc. (the “Company”) is an incentive bonus program that provides that certainemployees (each, a “Participant”) are eligible to receive an annual bonus,payable at the sole discretion of the Chief Executive Officer in cash, inshares of restricted common stock of the Company, or in options to purchaseshares of common stock of the Company, in recognition of their respectivecontributions to the success of the Company. Each fiscal year consists of one Program Period (the “Program Period”).

 

TheBoard of Directors of the Company (the “Board”), or a committee thereof,retains the right to modify or terminate the Program at any time.

 

Goal

 

Thegoal of the Program is to better motivate, reward and retain senior managementand key contributors of the Company.

 

Eligibility

 

Generally,employees at or above the level of Vice President are eligible to participatein the Program.  In order to be eligibleto participate in the Program, a Participant must be actively employed by theCompany at the time the annual bonus under the Program is paid or issued, asthe case may be.  For those Participantswho are hired at or promoted to the level of Vice President or above during theProgram Period, bonuses granted under the Program, if any, will be pro-ratedbased on the period of time the Participant was engaged in such eligibleposition.

 

Payments Under theProgram

 

Allbonuses paid under the Program will be payable in the first quarter of thefiscal year following the applicable Program Period.  Such bonuses will be paid to Participants either in cash, inshares of restricted common stock of the Company, or in options to purchaseshares of common stock of the Company at the sole discretion of the ChiefExecutive Officer of the Company, except for any bonus paid to the ChiefExecutive Officer, which will be paid at the sole discretion of thecompensation committee of the Board.

 

Bonuspayments made under the Program are determined in accordance with the followingquidelines:

 

•                  50% of the bonuspayable will be based on the Company’s achievement of certain pre-determinedCompany-wide objectives; and

 

•                  50% of the bonuspayable will be based on the Participant’s accomplishment of certainperformance objectives set and agreed upon during the first quarter of eachfiscal year between the Participant and his or her supervisor.

 

 

----

 

Bonus paymentsunder the Program are targeted to be between 50% and 75% of the Participant’srespective annual base salary.  TheBoard or a committee thereof may determine not to award any bonuses in anygiven Program Period.

 

 

2

----
#### R. W. RICHARDSON, Appellant, v. The STATE of Texas, Appellee.

No. 27672.

Court of Criminal Appeals of Texas.

June 22, 1955.

W. G. Abbott, Midland, for appellant.

Hulon B. Brown, County Atty., John R. Culver, City Atty., Midland, Leon Douglas, State’s Atty., Austin, for the State.

DICE, Commissioner.

This prosecution originated in the Corporation Court where appellant was found guilty of the violation of a city ordinance regulating the parking of motor vehicles- and his punishment assessed at a fine of $5. From this judgment an appeal was prosecuted to the County Court where a trial before a jury resulted in a conviction, and a fine of $1.

*753This appeal is prosecuted from the County Court conviction.

The fine imposed in the County Court not exceeding $100, this court is without jurisdiction to enter any order herein other than to dismiss the appeal. Art. 53, Vernon’s Ann.C.C.P.; Allgood v. State, Tex.Cr.App., 242 S.W.2d 883; and Sitz v. State, Tex.Cr.App., 267 S.W.2d 838.

The appeal is dismissed.

Opinion approved by the- court.
EXHIBIT 31.2

                                  CERTIFICATION

I, William B. Horne, Chief Financial Officer of Digicorp, certify that:

1. I have  reviewed this annual report on Form 10-KSB of Digicorp for the fiscal
year ended December 31, 2005;

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

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information included in this report, fairly present in all material respects the
financial condition,  results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4. The small business issuer's other certifying officer(s) and I are responsible
for establishing and maintaining  disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

      (a)  designed  such  disclosure  controls and  procedures,  or caused such
disclosure  controls and  procedures to be designed  under our  supervision,  to
ensure that material  information  relating to the small business issuer is made
known to us by others,  particularly  during the period in which this  report is
being prepared;

      (b) evaluated the effectiveness of the small business issuer's  disclosure
controls and presented in this report our conclusions about the effectiveness of
the disclosure  controls and procedures,  as of the end of the period covered by
this report based on such evaluation; and

      (c)  disclosed  in this report any change in the small  business  issuer's
internal  control  over  financial  reporting  that  occurred  during  the small
business issuer's most recent fiscal quarter (the small business issuer's fourth
fiscal quarter in the case of an annual report) that has materially affected, or
is reasonably likely to materially  affect, the small business issuer's internal
control over financial reporting; and

5. The small business issuer's other certifying officer(s) and I have disclosed,
based  on  our  most  recent  evaluation  of  internal  control  over  financial
reporting,  to the small business  issuer's  auditors and the audit committee of
the small  business  issuer's  board of  directors  (or persons  performing  the
equivalent functions);

      (a) all significant  deficiencies and material weaknesses in the design or
operation of internal  control over  financial  reporting  which are  reasonably
likely to  adversely  affect  the small  business  issuer's  ability  to record,
process, summarize and report financial information; and

      (b) any fraud, whether or not material,  that involves management or other
employees who have a significant  role in the small business  issuer's  internal
control over financial reporting.

April 6, 2006


/s/ William B. Horne
-------------------------------
William B. Horne
Chief Financial Officer
<PAGE>
                                                                   EXHIBIT 10.59

           SUMMARY OF INTERIM RETAINER FEE FOR NON-EMPLOYEE DIRECTORS


      On March 15, 2006, our Compensation Committee of the Board of Directors
approved an interim retainer fee to cover service by non-employee directors on
the Board (including on any Board committees) for the interim period from March
16, 2006 to June 14, 2006. The purpose of such action is to compensate board
members for service during the interim period between March 16, 2006 and the
2006 Annual Meeting of Stockholders, such service of which would otherwise not
have been compensated as a result in the change of our fiscal year end. The
interim retainer fee is an amount equal to each director's current annual
retainer fee, pro-rated for the interim period as set forth below:

      Chairman of the Board: Interim retainer of $37,500, half of which must be
      taken as OSI Common Stock with three-month transfer restriction. Balance
      to be taken in cash or stock at director's option.

      Chairman of the Audit Committee: Interim retainer of $22,500, half of
      which must be taken as OSI Common Stock with three-month transfer
      restriction. Balance to be taken in cash or stock at director's option.

      Audit Committee Member: Interim retainer of $18,750, half of which must
      be taken as OSI Common Stock with three-month transfer restriction.
      Balance to be taken in cash or stock at director's option.

      Other Committee Member: Interim retainer of $15,625, half of which must
      be taken as OSI Common Stock with three-month transfer restriction.
      Balance to be taken in cash or stock at director's option.

      Consistent with the terms of our Amended and Restated Stock Incentive
Plan, one-half of of each non-employee director's interim retainer is payable in
the form of an award of restricted OSI common stock, and the remainder is paid
in cash on a monthly basis, unless the director elects to receive additional
shares of OSI common stock. The grant of restricted stock will be made on March
16, 2006 and will vest in three equal installments on April 16, 2006, May 16,
2006 and June 14, 2006.
**Exhibit 32.2**

**SECTION 1350CERTIFICATIONS**

Theundersigned hereby certify that the quarterly report on Form 10-Q ofInsight Capital, Inc. (the “Registrant”) for the quarter ended June 30,2007, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934, as amended, and that theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Registrant.
|        | /s/ MICHAEL  S. WILLNER                                 |
|--------|---------------------------------------------------------|
|   | Michael S. Willner                                      |
|   | *Chairman and Chief Executive Officer*                  |
|   | Insight Capital, Inc.                              |
|   | August 14, 2007                                    |
|   | /s/ JOHN ABBOT                                          |
|   | John Abbot                                              |
|   | *Executive Vice President and Chief Financial  Officer* |
|   | Insight Capital, Inc.                              |
|   | August 14, 2007                                    |

 

----
Description of Amendment No.2 to Amended and Restated Promotion Agreement



 EXHIBIT 10.93 
  
 DESCRIPTION OF 
 AMENDMENT NO. 2 TO 
 AMENDED AND RESTATED PROMOTION AGREEMENT 
  
 The following is a description of Amendment No. 2 to the Amended and Restated
Promotion Agreement, dated as of December 16, 2001, by and among Wyeth, a Delaware corporation (formerly American Home Products Corporation, “Wyeth”), Amgen Inc., a Delaware corporation (“Amgen”), and Immunex Corporation, a
Washington corporation and wholly-owned subsidiary of Amgen (“Immunex”), as amended by Amendment No. 1 thereto effective as of July 8, 2003 among Wyeth, Amgen and Immunex (as amended, the “Promotion Agreement”). For purposes of
this Amendment, all capitalized terms used but not otherwise defined in the Amendment shall have the meanings assigned to them in the Promotion Agreement. The Amendment is effective as of April 20, 2004. 
  
 Wyeth, Amgen, and Immunex amended the Promotion Agreement by inserting the following
provision as Section 6.1(f): 
  
 “(f) Additional Spending in 2003.
Notwithstanding Section 6.1(e) above, Wyeth’s share of the additional marketing expenses set forth in Section 6.1(e) (the “Additional Spending”) shall not become due and payable until October 20, 2004; provided, however, that
the amount payable to Immunex for the Additional Spending shall be subject to adjustment as follows. For any month from April, 2004 through September, 2004 for which Wyeth receives less than the number of vials scheduled to be delivered as set forth
in the 2004 Delivery Schedule attached to the CGSA, as amended by Amendment No. 2 thereto dated April 20, 2004, the amount of the Additional Spending payable to Immunex shall be reduced by an amount equal to the amount of the Additional Spending
multiplied by a fraction in which the number of vials scheduled to be delivered to Wyeth in that month is the numerator and the number of vials scheduled to be delivered to Wyeth in the period from April, 2004 through September, 2004 is the
denominator. Notwithstanding the foregoing, the reductions to the amount of the Additional Spending payable by Wyeth as set forth in the preceding sentences would not take effect if the failure to deliver in a month is cured within twenty
(20) days after the last day of the month.”  
  
 The Amendment was
executed by the following duly authorized parties. 
  
 WYETH 
  
 /s/ John C. Kelly 
  

	By:	  John C. Kelly 


	Title:	  Vice President – Finance Operations 

  
  
 IMMUNEX CORPORATION 
  
 /s/ Richard D. Nanula 
  

	By:	  Richard D. Nanula 


	Title:	  Chief Financial Officer 

  
  
 AMGEN INC. 
  
 /s/ Richard D. Nanula 
  

	By:	  Richard D. Nanula 


	Title:	  Executive Vice President, Finance, 


	 	  Strategy and Communications, and 


	 	  Chief Financial Officer