alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 63, Number 127 (Thursday, July 2, 1998)]
[Rules and Regulations]
[Pages 36161-36162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17489]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 98-ASO-6]


Amendment of Class E Airspace; Daytona Beach, FL; Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; correction.

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

SUMMARY: This action corrects an error in the geographic position 
coordinates of a final rule that was published in the Federal Register 
on June 19, 1998, (63 FR 33544) Airspace Docket No. 98-ASO-6. The final 
rule modified Class E airspace at Daytona Beach, FL.

EFFECTIVE DATE: 0901 UTC, August 13, 1998.

FOR FURTHER INFORMATION CONTACT:
Nancy B. Shelton, Manager, Airspace Branch, Air Traffic Division, 
Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 
30320; telephone (404) 305-5586.

SUPPLEMENTARY INFORMATION:

History

    Federal Register Document 98-16355, Airspace Docket No. 98-ASO-6, 
published on June 19, 1998 (63 FR 33544), amended the Class E surface 
area airspace at Daytona Beach, FL. A VHF Omnidirectional Range (VOR) 
or Global Positioning System (GPS) Runway (RWY) 17 Standard Instrument 
Approach Procedure (SIAP) has been developed for Ormond Beach Municipal

[[Page 36162]]

Aiport. The geographic position coordinates as published in the Federal 
Register on June 19, 1998, for the Daytona Beach, FL, Spruce Creek 
Airport are incorrect. This action corrects that error.

Correction to Final Rule

    Accordingly, pursuant to the authority delegated to me, the 
geographic position coordinates at Daytona Beach, FL, as published in 
the Federal Register on June 19, 1998 (63 FR 33544), (FR 98-16355) and 
the description in FAA Order 7400.9E, which is incorporated by 
reference in 14 CFR 71.1, are corrected as follows:


Sec. 71.1  [Corrected]

ASO FL E5 Daytona Beach, FL [Corrected]

    On page 33544, in column 3, in the Daytona Beach, FL, airspace, 
under Spruce Creek Airport, correct ``(Lat. 20 deg.04'49''N., long. 
81 deg.03'27''W.)'' to read ``(Lat. 29 deg.04'49''N., long. 
81 deg.02'48''W.)''.

    Issued in College Park, Georgia, on June 22, 1998.
Nancy B. Shelton,
Acting Manager, Air Traffic Division, Southern Region.
[FR Doc. 98-17489 Filed 7-1-98; 8:45 am]
BILLING CODE 4910-13-M
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 Quarterly  report of GiveMePower  Corporation  (the
"Company") on Form 10-QSB for the period ending March 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, William
V.  Walton,  Chief  Executive  Officer of the Company,  certify,  pursuant to 18
U.S.C. 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 and 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.

     A signed  original of this  written  statement  required by Section 906 has
been provided to  GiveMePower  Corporation  and will be retained by  GiveMePower
Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.

Date:  May 16, 2005               By: /s/ WILLIAM V. WALTON
                                      ---------------------
                                      William V. Walton
                                      Chief Executive Officer
#### Pennswood Manor Real Estate Associates, LLC v. Zoning Hearing Bd. of City of Scranton

04/13/2016

933 MAL (2015)

Denied

Pa.Cmwlth., 122 A.3d 1200
No. 10-7247.

#### Richard L. Martinez, Petitioner v. Kelvin Milyard, Warden, et al.

562 U.S. 1095, 131 S. Ct. 804,

2010 U.S. LEXIS 9488.

178 L. Ed. 2d 538,

December 6, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Same case below, 394 Fed. Appx. 474.
# C_2016364EN.01004701.xml

| 3.10.2016 | EN | Official Journal of the European Union | C 364/47 |
| --- | --- | --- | --- |

3.10.2016

EN

Official Journal of the European Union

C 364/47

---

Order of the Civil Service Tribunal (1st Chamber) of 2 August 2016 — Urena de Poznanski v Commission

(Case F-102/13) (1)

((Civil service - Officials - Pensions - Article 11(2) of Annex VIII to the Staff Regulations - Transfer to the European Union pension scheme of the pension rights acquired under other pension schemes - Decision on the crediting of pensionable years applying the new general implementing provisions relating to Articles 11 and 12 of Annex VIII to the Staff Regulations - Article 81 of the Rules of Procedure - Action in part manifestly inadmissible and in part manifestly unfounded))

(2016/C 364/59)

Language of the case: French

Parties

Applicant: Soldimar Urena de Poznanski (Brussels, Belgium) (represented by: S. Orlandi, lawyer)

Defendant: European Commission (represented initially by C. Ehrbar and G. Gattinara, acting as Agents, subsequently by J. Currall and G. Gattinara, acting as Agents, and last by G. Gattinara, acting as Agent)

Re:

Application for annulment of the decision to calculate the additional pension rights acquired before entry into service on the basis of the new general implementing provisions concerning Articles 11 and 12 of Annex VIII to the Staff Regulations.

Operative part of the order

| 1. | The action is dismissed as in part inadmissible and in part manifestly unfounded. |
| --- | --- |

1.

The action is dismissed as in part inadmissible and in part manifestly unfounded.

| 2. | Each party shall bear its own costs. |
| --- | --- |

2.

Each party shall bear its own costs.

---

(1)  OJ C 24 of 25/1/2014, p. 40.

---
----

**EXHIBIT        32.2**

**CERTIFICATION        BY CFO PURSUANT TO**

**18        U.S.C. SECTION 1350,**

**AS        ADOPTED PURSUANT TO**

**SECTION        906 OF THE SARBANES-OXLEY ACT OF 2002**

|   | 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. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                  Gordon S. Donovan                                 |
|--------|------------------------------------------------------------------------|
|   | Vice                  President, Chief Financial Officer and Treasurer |
|   |                                                                   |
|   | December                  22, 2006                                     |

----
# C_2014015EN.01001701.xml

| 18.1.2014 | EN | Official Journal of the European Union | C 15/17 |
| --- | --- | --- | --- |

18.1.2014

EN

Official Journal of the European Union

C 15/17

---

Order of the General Court of 19 November 2013 — 1. garantovaná v Commission

(Case T-42/13) (1)

1

(Action for annulment - Competition - Agreements, decisions and concerted practices - Market for calcium carbide and magnesium for the steel and gas industries in the EEA, with the exception of Ireland, Spain, Portugal and the United Kingdom - Fines - Late-payment interest - Act not amenable to review - Inadmissibility)

2014/C 15/24

Language of the case: English

Parties

Parties

Applicant: 1. garantovaná a.s. (Bratislava, Slovakia) (represented: initially by M. Powell, Solicitor, G. Forwood, Barrister, M. Staroň and P. Hodál, lawyers, and subsequently by K. Lasok QC, J. Holmes, B. Hartnett, Barristers, and O. Geiss, lawyer)

Applicant:

Defendant: European Commission (represented by: V. Bottka, F. Dintilhac and N. von Lingen, acting as Agents)

Defendant:

Re:

Re:

Application for annulment of the decision allegedly contained in the Commission’s letter of 21 December 2012 (Case COMP/39.396 — Calcium carbide and magnesium based reagents for the steel and gas industries), whereby the Commission asked the applicant to pay the outstanding amount of the fine imposed by Commission decision C(2009) 5791 final of 22 July 2009 relating to a proceeding under Article 81 [EC] and Article 53 of the EEA Agreement, together with late-payment interest, or to provide the Commission with a bank guarantee covering that amount.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | 1. garantovaná a.s. shall bear its own costs and pay those incurred by the European Commission. |
| --- | --- |

2.

1. garantovaná a.s. shall bear its own costs and pay those incurred by the European Commission.

---

(1)  OJ C 79, 16.3.2013.

1

---
# Distribution remembers Women’s Equality Day

/ Published Aug. 26, 2016
NEW CUMBERLAND, Pennsylvania, 
Each year, since 1971, August 26 has been designated and celebrated in the United States as Women’s Equality Day.

Instituted by Representative Bella Abzug of New York, the date commemorates the passage of the 19th Amendment, the Woman Suffrage Amendment to the U.S. Constitution, which granted women the right to vote on the same basis as men. Lesser known, but still as important, the date also commemorates the 1970 Women’s Strike for Equality which was held on August 26 on the 50th anniversary of the passage of woman suffrage.

This year marks the 96th anniversary of Women’s Equality Day. While the vast majority of women in the U.S. have been born with the automatic right to vote upon their 18th birthday, this was not always the case. It is important to remember the women suffragists, who fought persistently to give the right to their daughters and granddaughters.

Officially introduced in 1878, the 19th amendment was overruled. Suffragists formed the National Woman’s Party in 1916, they organized rally’s and picketed the White house. The act finally passed in Congress in 1920 after much action taken by these courageous women. Fifty-one years later in 1971, August 26 was first recognized as National Women’s Equality Day.

Each year, as we approach this day, we all need to look back on all that women have endured through the years to make each day better for our children. It is also important to recognize, while much progress has been made in our country over the last 100 years, around the world there are many still living without the rights some of us take for granted.
Summary of Fiscal Year 2005 Cash Bonus Plan



 EXHIBIT 10.11 
  
 SUMMARY OF FISCAL YEAR 2005 CASH BONUS PLAN 
  
 Following is a summary of the fiscal 2005 cash bonus plan for executive officers of IMPAC Medical Systems, Inc. as approved
by the Compensation Committee of the Board of Directors in September 2004: 
  
 Fiscal 2005 Gross Revenue Target: $[*] million 
 Net Income Target: $[*] million 
  
 For the executive officers, 50% of the maximum bonus is based on the Gross
Revenue Target and 50% of the maximum bonus is based on the Net Income Target. 
  
 Executive officers will receive no bonus at 85% of the target amount and 100% of bonus at 105% of the target amount. The bonus amount continues to increase linearly up to 115% of the target amount, subject to the
maximum bonus limit. 
  
 The executive officers are eligible for
the following bonus ranges: 
  

							
	 Executive Officer

	  	Target
Bonus

	  	Maximum
Bonus


	Joseph K. Jachinowski	  	$	93,750	  	$	125,000
	James P. Hoey	  	$	93,750	  	$	125,000
	David A. Auerbach	  	$	93,750	  	$	125,000
	Kendra A. Borrego	  	$	37,500	  	$	50,000

  
 * Specific target levels have been
omitted in reliance on the response to Question 13 of the Current Report on Form 8-K Frequently Asked Questions dated November 23, 2004.
#### Louis J. Parrinello et al., Respondents, v Bruce T. Davis et al., Appellants.

[768 NYS2d 348]

In an action to recover damages for personal injuries, etc., the defendants appeal from an order of the Supreme Court, Suffolk County (Klein, J.), dated May 15, 2003, which granted the plaintiffs’ motion for summary judgment on the issue of liability.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

There is an issue of fact as to whether, by virtue of his “crossing a roadway at [a] point other than within a marked crosswalk or within an unmarked crosswalk at an intersection” (Vehicle and Traffic Law § 1152 [a]; *see also*Vehicle and Traffic § 110 [a], [b]), the injured plaintiff was negligent in a manner that contributed to the occurrence of the accident *(see Dragunova v Dondero,*305 AD2d 449 [2003]; *Ruocco v Mulhall,*281 AD2d *611406 [2001]; *Garner v Fox,*265 AD2d 525 [1999]; *Shachnow v Myers,*229 AD2d 432 [1996]; *Rodriguez v Robert,*47 AD2d 548 [1975]; *Hogeboom v Protts,*30 AD2d 618 [1968]). The existence of this issue of fact precludes the grant of summary judgment on the issue of liability in favor of the plaintiffs *(see e.g. Abramov v Campbell,*303 AD2d 697 [2003]; *Bodner v Greenwald,*296 AD2d 564 [2002]; *King v Washburn,*273 AD2d 725 [2000]). Smith, J.P., McGinity, Luciano and Townes, JJ., concur.
# SIP Revision 06-07, Amended

Page 9 of Conformity SIP with corrected citation (underlined)

### Maryland Commitments: New SAFETEA-LU Requirements

Upon the passage of SAFETEA-LU, changes were made to the transportation conformity process. The major changes reflected in this SIP revision are commitments to identify and support emission control measures that are not specifically identified in a TIP or plan and a requirement to make an analysis of poten tial PM2.5 hotspots at tr ansportation projects.

Substitution of Transportation Control Measures

The SAFETEA-LU Act provides for substitu tion of transportation control measures (TCMs) as an amendment to Section 176(c) of the Clean Air Act (42 U.S.C. 7506 (c)). 40 CFR, Section 93.122(a)(4)(ii) which require s commitments for control measures not

included in a TIP or Plan.

An example of a commitment not included in a TIP or Plan would be a school bus retrofit project not being funded by FHWA or FTA, but is still being used for emission reduction credit in a conformity determination. Eviden ce needs to be identified that such a measure has adequate funding, personnel and authority for implementation, monitoring and

enforcement.

Maryland, in accordance with the requireme nts of 40 CFR Part 93.122, 842 commits to meeting this specific requirement of SAFETEA-LU.

PM2.5 and CO Hotspots

This provision applies to fine particulate (PM 2.5) hot spots and Carbon Monoxide (CO) and to project level conformity determinations only (in accordance with 40 CFR Part 93.125(c)) , not to regional conformity determinations. EPA’s Transportation Conformity Guidance for Qualitative Hot-spot Analys is in PM 2.5 and PM 10 Nonattainment and

Maintenance Areas describes how to conduct PM 2.5 hot -spot analyses for “projects of air quality concern”, as defi ned in 40 CFR 93.123(b)(1).

The final rule establishing transportation conformity criteria and procedures for determining which transportati on projects must be analyzed for local air quality impacts in Particulate Matter (PM) 2.5 nonattainment and maintenance areas was published by EPA on March 10, 2006 (40 CFR 93.123(b)(1)). The EPA recommends under this final rule that an analysis be performed on poten tial PM2.5 hotspots for “projects of air quality concern” defined as projects which have a va lue of 8% or more pr ojected annual average daily traffic comprised of diesel trucks.

Maryland commits to meeting the requirements of the EPA hotspot rule(s) for PM2.5 and

CO.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

STEVEN D. HARRIS

, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 20

- 1238

[ January 7, 2021 ]

Appeal of order denying rule 3.800 motion from the Circuit Court for

the Nineteenth Judicial Circuit, Martin County ; Sherwood Bauer , Judge;

L.T. Case No. 432003CF000563A

.

Steven D. Harris, Chipley, pro se.

No appearance required for appellee.

P ER C URIAM

.

Affirmed.

G ROSS

, D AMOORGIAN and F ORS T

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
# C_2015026EN.01004301.xml

| 26.1.2015 | EN | Official Journal of the European Union | C 26/43 |
| --- | --- | --- | --- |

26.1.2015

EN

Official Journal of the European Union

C 26/43

---

Judgment of the Civil Service Tribunal (2nd Chamber) of 8 December 2014 — Cwik v Commission

(Case F-4/13) (1)

1

((Civil Service - Officials - Appraisal - Staff report - Appraisal period 1995/1997 - Enforcement of a judgment of the General Court - Application for annulment of the staff report - No referral to the Joint Committee on Staff Reports - Delay in the drawing up of the staff report - Action for damages))

(2015/C 026/55)

Language of the case: French

Parties

Parties

Applicant: Michael Cwik (Tervuren, Belgium) (represented by: N. Lhoëst, lawyer)

Applicant:

Defendant: European Commission (represented by: C. Berardis-Kayser and G. Berscheid, Agents)

Defendant:

Re:

Re:

Application to annul the decision adopting the applicant’s staff report in respect of the period from 1995 to 1997 and an application for damages.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Annuls the European Commission’s decision of 12 March 2012 definitively establishing Mr Cwik’s new staff report in respect of the appraisal period 1995/1997; |
| --- | --- |

1.

Annuls the European Commission’s decision of 12 March 2012 definitively establishing Mr Cwik’s new staff report in respect of the appraisal period 1995/1997;

| 2. | Orders the European Commission to pay Mr Cwik the sum of EUR 15  000 by way of compensation for the non-material harm suffered; |
| --- | --- |

2.

Orders the European Commission to pay Mr Cwik the sum of EUR 15  000 by way of compensation for the non-material harm suffered;

| 3. | Dismisses the action as to the remainder; |
| --- | --- |

3.

Dismisses the action as to the remainder;

| 4. | Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Mr Cwik. |
| --- | --- |

4.

Declares that the European Commission is to bear its own costs and orders it to pay the costs incurred by Mr Cwik.

---

(1)  OJ C 108, 13/4/2013, p. 38.

1

---
#### In the Matter of Attorneys in Violation of Judiciary Law § 468-a. Gary Philip Kaplan, Admitted on March 5, 1980, at a Term of the Appellate Division, Second Department.

[771 NYS2d 637]

—Respondent reinstated as an attorney and counselor-at-law in the State of New York, effective the date hereof. No opinion. Concur—Nardelli, J.P., Mazzarelli, Saxe, Ellerin and Williams, JJ. *[See*247 AD2d 158.]
# C_2015155EN.01003801.xml

| 11.5.2015 | EN | Official Journal of the European Union | C 155/38 |
| --- | --- | --- | --- |

11.5.2015

EN

Official Journal of the European Union

C 155/38

---

Order of the General Court of 11 March 2015 — Sanctuary Brands v OHIM — Richter International (TAILORBYRD)

(Case T-598/13) (1)

1

(2015/C 155/45)

Language of the case: English

The President of the Third Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 24, 25.1.2014.

1

---
No. 10-6921.

#### Larry Thomas, Petitioner v. A. K. Scribner, Warden, et al.

562 U.S. 1072, 131 S. Ct. 667,

178 L. Ed. 2d 497,

2010 U.S. LEXIS 9136.

November 29, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 389 Fed. Appx. 726.
#### The People of the State of New York, Respondent, v Angel Gurity, Also Known as Angel Guridy, Appellant.

[55 NYS3d 204]

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered April 3, 2014, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence *(see People v Danielson,*9 NY3d 342, 348-349 [2007]). In 2008, 15 years after the victim was found stabbed to death in her apartment, advanced DNA testing demonstrated that the semen found in her body was defendant’s. While expert testimony made clear that this evidence established only that defendant and the victim had engaged in sexual intercourse at some point within approximately three days of the homicide, and there was evidence of a brief prior relationship between defendant and the victim in the months leading up to the crime, the totality of the *585evidence established defendant’s guilt beyond a reasonable doubt.

First, when police interviewed defendant in 2008, he claimed that he did not know the victim, that he could not recognize her in a 1993 photo, and that he never had sex with her. Under all the circumstances, the jury could have reasonably understood these responses as intentional falsehoods indicative of consciousness of guilt.

Second, while the medical examiner declined to opine that a sexual assault took place in the absence of evidence of overt trauma, the evidence—including that the victim’s legs were spread open and that she was naked below the waist—suggested that the perpetrator committed both a sexual assault and a homicide. The permissible inference that there was a sexual assault would tend to implicate defendant because of the exclusive presence of his semen.

Third, an eyewitness who was outside the victim’s apartment on the night of the murder, at a time consistent with the medical evidence regarding when the crime occurred, described a man who entered the apartment. Although the witness could not identify defendant at trial, defendant matched the witness’s description in several significant respects, and there were plausible explanations for discrepancies regarding height and weight.

Finally, there was some evidence of a possible motive. A relative of the victim testified that the latter had rebuffed defendant’s requests to move in with her because she was still hopeful of getting back together with her baby’s father.

Accordingly, the evidence supports the jury’s verdict.

Concur—Friedman, J.P., Moskowitz, Feinman, Gische and Kahn, JJ.
Exhibit 32


                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 Quarterly Report of Sunburst Acquisitions VII, Inc.
(the "Company") on Form  10-QSB  for the period ending  March 31, 2003
(the "Report"),  I, Jay Lutsky,  Principal  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:

1) The Report fully complies with the requirement 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 Company's financial position and results of operations.



/s/ Jay Lutsky
-----------------------
Principal Executive Officer
November 8, 2005