alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 86, Number 124 (Thursday, July 1, 2021)]
[Notices]
[Page 35059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14032]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / 
Notices

[[Page 35059]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2021-0031]


National Wildlife Services Advisory Committee; Intent To 
Reestablish

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of intent to reestablish.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, notice is 
hereby given that the Secretary of Agriculture (Secretary) intends to 
reestablish the National Wildlife Services Advisory Committee (the 
Committee) for a 2-year period. The Secretary has determined that the 
Committee is necessary and in the public interest.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Joyce, Designated Federal 
Officer, Wildlife Services, APHIS, 4700 River Road, Unit 87, Riverdale, 
MD 20737; <a href="/cdn-cgi/l/email-protection#bddedccfcfd4d893d893d7d2c4ded8fdc8ced9dc93dad2cb"><span class="__cf_email__" data-cfemail="27444655554e420942094d485e4442675254434609404851">[email protected]</span></a>; (301) 851-3999.

SUPPLEMENTARY INFORMATION: The purpose of the National Wildlife 
Services Advisory Committee (the Committee) is to advise the Secretary 
of Agriculture on policies, program issues, and research needed to 
conduct the Wildlife Services program. The Committee also serves as a 
public forum enabling those affected by the Wildlife Services program 
to have a voice in the program's policies.

    Date: June 25, 2021.
Cikena Reid,
USDA Committee Management Officer.
[FR Doc. 2021-14032 Filed 6-30-21; 8:45 am]
BILLING CODE 3410-34-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
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.                  

###### Small Business Administration

      ( print page 35371)    
The Small Business Administration publishes an interest rate called the optional “peg” rate (13 CFR 120.214) on a quarterly basis. This rate is a weighted average cost of money to the government for maturities similar to the average SBA direct loan. This rate may be used as a base rate for guaranteed fluctuating interest rate SBA loans. This rate will be 2.00 percent for the July-September quarter of FY 2021.

Pursuant to 13 CFR 120.921(b), the maximum legal interest rate for any third party lender's commercial loan which funds any portion of the cost of a 504 project (see 13 CFR 120.801) shall be 6% over the New York Prime rate or, if that exceeds the maximum interest rate permitted by the constitution or laws of a given State, the maximum interest rate will be the rate permitted by the constitution or laws of the given State.

John Wade,

Chief, Secondary Market Division.

[FR Doc. 2021-14248 Filed 7-1-21; 8:45 am]

BILLING CODE P
#### CARSCALLEN & CASSIDY, Appellant, v. ZIMMERMAN et al., Respondents.

(Supreme Court, Appellate Division, First Department.

March 22, 1912.)

Action-by the Carscallen & Cassidy against Moritz Zimmerman and others. J. L. Finks, for appellant. I. Hyman, for respondents. No opinion. Order affirmed, with $10 costs and disbursements. Order filed.
I 

109TH CONGRESS 

1ST SESSION H. R. 179

To amend the Internal Revenue Code of 1986 to repeal the 1993 increase 

in taxes on Social Security benefits. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

Mr. PAUL (for himself and Mrs. JO ANN DAVIS of Virginia) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL

To amend the Internal Revenue Code of 1986 to repeal 

the 1993 increase in taxes on Social Security benefits.

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 ‘‘Social Security Bene5 ficiary Tax Reduction Act’’. 

6 SEC. 2. REPEAL OF INCREASE IN TAX ON SOCIAL SECURITY 

7 BENEFITS. 

8 (a) IN GENERAL.—Paragraph (2) of section 86(a) of 

9 the Internal Revenue Code of 1986 (relating to social se10 curity and tier 1 railroad retirement benefits) is amended 
2

•HR 179 IH 

1 by adding at the end the following new sentence: ‘‘This 

2 paragraph shall not apply to any taxable year beginning 

3 after December 31, 2004.’’. 

4 (b) CONFORMING AMENDMENTS.—

5 (1) Paragraph (3) of section 871(a) of such 

6 Code is amended by striking ‘‘85 percent’’ in sub7 paragraph (A) and inserting ‘‘50 percent’’. 

8 (2)(A) Subparagraph (A) of section 121(e)(1) 

9 of the Social Security Amendments of 1983 (Public 

10 Law 98–21) is amended—

11 (i) by striking ‘‘(A) There’’ and inserting 

12 ‘‘There’’; 

13 (ii) by striking ‘‘(i)’’ immediately following 

14 ‘‘amounts equivalent to’’; and 

15 (iii) by striking ‘‘, less (ii)’’ and all that 

16 follows and inserting a period. 

17 (B) Paragraph (1) of section 121(e) of such Act 

18 is amended by striking subparagraph (B). 

19 (C) Paragraph (3) of section 121(e) of such Act 

20 is amended by striking subparagraph (B) and by re21 designating subparagraph (C) as subparagraph (B). 

22 (D) Paragraph (2) of section 121(e) of such 

23 Act is amended in the first sentence by striking 

24 ‘‘paragraph (1)(A)’’ and inserting ‘‘paragraph (1)’’. 
3

•HR 179 IH 

1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to taxable years beginning after 

3 December 31, 2004.

Æ
11 TH C OURT OF A PPEALS
E ASTLAND , T EXAS
J UDGMENT

Barry Chad Beal
, * From the 42nd District Court of Coleman County, Trial Court No. 256 4

.

Vs. No. 11

- 13

- 0025 8

- CR * August 21, 2014

The State of Texas, * Memorandum Opinion by Bailey, J. (Panel consists of: Wright, C.J., Willson , J. , and Bailey, J. )
This court has inspected the record in this cause and concludes that there is no error in the judgment below. Therefore, in accordance with this court’s opinion, the judgment of t he trial court is in all things affirmed.
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
This schedule restates previously filed financial information to give
effect to the merger between BT Financial Corporation and Moxham Bank
Corporation.  The merger was completed on June 25, 1996 and was accounted
for as a pooling of interests.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                          49,376
<INT-BEARING-DEPOSITS>                           2,921
<FED-FUNDS-SOLD>                                   985
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    277,092
<INVESTMENTS-CARRYING>                          43,151
<INVESTMENTS-MARKET>                            43,584
<LOANS>                                        978,296
<ALLOWANCE>                                      9,450
<TOTAL-ASSETS>                               1,351,394
<DEPOSITS>                                   1,172,575
<SHORT-TERM>                                    44,849
<LIABILITIES-OTHER>                              8,337
<LONG-TERM>                                      7,567
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      1,378
<COMMON>                                        24,307
<OTHER-SE>                                      92,381
<TOTAL-LIABILITIES-AND-EQUITY>               1,351,394
<INTEREST-LOAN>                                 58,687
<INTEREST-INVEST>                               14,944
<INTEREST-OTHER>                                   514
<INTEREST-TOTAL>                                74,145
<INTEREST-DEPOSIT>                              29,895
<INTEREST-EXPENSE>                              31,764
<INTEREST-INCOME-NET>                           42,381
<LOAN-LOSSES>                                    1,389
<SECURITIES-GAINS>                                 115
<EXPENSE-OTHER>                                 33,795
<INCOME-PRETAX>                                 13,759
<INCOME-PRE-EXTRAORDINARY>                      13,759
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     9,617
<EPS-PRIMARY>                                     1.78
<EPS-DILUTED>                                     1.77
<YIELD-ACTUAL>                                    4.64
<LOANS-NON>                                      3,576
<LOANS-PAST>                                     1,019
<LOANS-TROUBLED>                                   319
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 9,053
<CHARGE-OFFS>                                    1,285
<RECOVERIES>                                       293
<ALLOWANCE-CLOSE>                                9,450
<ALLOWANCE-DOMESTIC>                             9,450
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
**EXHIBIT 32.2**

  

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED**

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

  

Pursuant to Section 905 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code), I, Simon Westbrook, Chief Financial Officer of Kyto Technology and Life Science, Inc., a Florida corporation (the "Company"), do hereby certify, to the best of my knowledge, that:

  

(1)The Company's Annual Report on Form 10-K for the period ended March 31, 2020, as filed with the Securities Exchange Commission on the date hereof (the "Report") fully complies, in all material respects, 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 for the periods presented therein.
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED September 29, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-60833 Summary Calendar

ZIAD MOHAMMAD KHWEIS; HEYAM ZIAD KHWEIS; JUMA ZIAD KHWEIS, Petitioners,

versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent.

-------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A42 516 542 BIA No. A74 314 359 BIA No. A74 216 343

-------------------- Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM: * Ziad Mohamed Khweis, Heyam Ziad Khweis, and Juman Ziad Khweis petition this court to review the decision of the Board of Immigration Appeals (BIA) denying their motion to reopen immigration proceedings. The Khweises first argue that the BIA improperly accepted and considered an untimely opposition to their motion to reopen submitted by the Immigration and Naturalization Service.No. 02-60833 -2- This court “will defer to the BIA’s interpretation of immigration regulations if the interpretation is reasonable.” Lopez-Gomez v. Ashcroft , 263 F.3d 442, 444 (5th Cir. 2001). Given that the BIA had the discretion to consider an untimely “brief,” see 8 C.F.R. § 3.2(g)(3), the BIA’s acceptance and consideration of the opposition was reasonable. Further, to the extent the Khweises argue that their due process rights were violated, their argument fails because they cannot demonstrate prejudice. See Hernandez-Garza v. INS , 882 F.2d 945, 947 (5th Cir. 1989). Likewise, the Khweises cannot show that their due process rights were violated by the BIA’s single-member disposition of their motion to reopen. See Soadjede v. Ashcroft , 324 F.3d 830, 832-33 (5th Cir. 2003). The Khweises also contend that the BIA’s retroactive application of the stop-time provision of 8 U.S.C. § 1229b(d) violates their right to due process. The Khweises’ challenge to the retroactive application of the stop-time provision is foreclosed. See Gonzalez-Torres v. INS , 213 F.3d 899, 903 (5th Cir. 2000). Finally, citing evidence attached to their motion to reopen, the Khweises contend that the BIA’s denial of the motion was error. In their motion the Khweises sought, inter alia , asylum, withholding of deportation, and protection under the Convention Against Torture. The Khweises have failed to show, however, that the BIA’s determination that they had failed to establishNo. 02-60833 -3- a prima facie case for the relief sought was an abuse of its discretion. See INS v. Abudu , 485 U.S. 94, 106, 110-11 (1988); Efe v. Ashcroft , 293 F.3d 899, 903-06 (5th Cir. 2002); Faddoul v.
INS , 37 F.3d 185, 188 (5th Cir. 1994).
PETITION FOR REVIEW DENIED.
#### The National State Bank of Camden, New Jersey, Respondent, *v.*George H. Richardson, Appellant.

(Argued April 23, 1890;

decided May 9, 1890.)

Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Rovember 30,1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee.

*William W. Goodrich*for appellant.

*F. K. Pendleton*for respondent.

Agree to affirm; no opinion.

All concur.

Judgment affirmed.
Exhibit 32.1

CERTIFICATION OF THE CHIEF EXECUTIVE 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 on Form 10-K for the period ending December 31, 2009 of A123
Systems, Inc. (the "Company"), as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David P. Vieau, 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, to my knowledge, that:

Dated: March 15, 2010/s/ DAVID P. VIEAU David P. Vieau Chief Executive Officer


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QuickLinks
Amendment to Change in Control Agreement - Garry W. Rogerson



 Exhibit 10.26 
 AMENDMENT TO CHANGE IN CONTROL AGREEMENT 
 THIS
AMENDMENT TO CHANGE IN CONTROL AGREEMENT (“Amendment”) is entered into by and between VARIAN, INC., a Delaware corporation (the “Company”), and Garry W. Rogerson, an employee of the Company (“Employee”). 
 The Company and Employee are parties to a Change in Control Agreement (the “Agreement”) dated as of November 8, 2007. On
July 26, 2009, the Company, Agilent Technologies, Inc., a Delaware corporation, and Cobalt Acquisition Corp., a Delaware corporation and a wholly owned subsidiary of Agilent, entered into an Agreement and Plan of Merger (the “Merger
Agreement”), pursuant to which Merger Sub will, subject to the satisfaction or waiver of the conditions set forth in the Merger Agreement, merge with and into the Company and the Company will survive the merger and continue as a wholly owned
subsidiary of Agilent (the “Merger”). In connection with approving entering into the Merger Agreement, the Board determined that it is in the best interest of the Company and its stockholders for the Company to amend the Agreement,
effective as of, and contingent upon, the closing of the Merger pursuant to the Merger Agreement. 
 In view of the foregoing,
the Company and Employee agree as follows: 
 1. Subsections (ii) and (iii) of the definition of “Good
Reason” set forth in Section 3(d) of the Agreement are hereby amended to read in their entirety as follows, effective as of, and contingent upon, the closing of the Merger: 
 “(ii) A reduction of Employee’s total compensation, as was provided to Employee as of July 26, 2009, as the
same may have been increased from time to time after the Change in Control Date other than (A) a reduction implemented with the consent of Employee or (B) a reduction that is generally comparable (proportionately) to compensation
reductions imposed on senior executives of the Company generally; or 
 (iii) The failure to provide to Employee
the benefits and perquisites, including participation on a comparable basis in the Company’s stock option, incentive, and other similar plans in which employees of the Company of comparable title and salary grade participate, as were provided
to Employee immediately prior to July 26, 2009, or with a package of benefits and perquisites that are substantially comparable in all material respects to such benefits and perquisites provided prior to July 26, 2009; or” 

2. This Amendment, taken together with the Agreement, to the extent not modified by this Amendment, supersedes any and all previous
contracts, arrangements or understandings between the parties with respect to the Agreement. 
 IN WITNESS WHEREOF, the parties
acknowledge that they have read and understand the terms of this Amendment and have executed this Amendment to be effective on the date that it is signed by both parties. 








									
	VARIAN, INC.	 		 	EMPLOYEE
			
	             /s/ Arthur W. Homan

	 		 	            /s/ Garry W. Rogerson


	By:	 	Arthur W. Homan	 		 	Garry W. Rogerson
	Title:	 	Secretary	 		 		 	
					
	Date:	 	September 4, 2009	 		 	Date:	 	September 8, 2009

  

 2
**Exhibit 23.2**

 

**Independent Auditors’ Consent**

 

The Board of Directors and Stockholders 

Advanced Medical Optics, Inc.: 

 

We consent to the incorporation byreference in the registration statements (Nos. 333-90950 and 333-109058) on Form S-8 and (No. 333-108719) on Form S-3 of Advanced Medical Optics, Inc. of our report dated February 20, 2003, with respect to the consolidated balance sheet of AdvancedMedical Optics, Inc. and subsidiaries as of December 31, 2002, and the related consolidated statements of operations, stockholders’ equity and comprehensive income, and cash flows, for the years ended December 31, 2002 and 2001, and the relatedfinancial statement schedule, which report appears in the December 31, 2003, annual report on Form 10-K of Advanced Medical Optics, Inc. 

 

Our report dated February 20, 2003, refers to a change in the method of accounting for goodwill and intangibles in 2002 and a change in the method of accounting forderivative instruments and hedging activities in 2001. 

 

/s/ KPMG LLP

 

 

Orange County, California 

March 12, 2004
[No. 39022-8-I.

Division One.

August 11, 1997.]

#### The State of Washington, *Respondent,*v. Jeremy S. Hyder, *Appellant.*

Appeal from a judgment of the Superior Court for King County, No. 96-8-01672-3, Anthony P. Wartnik, J., entered June 12, 1996. *Affirmed*by unpublished per curiam opinion.
**Exhibit31.1**

I,Scott A. Montgomery, certify that:

1. Ihave reviewed this quarterly report on Form 10-QSB/A of National MercantileBancorp;

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

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

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

(a)Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the small business issuer, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this report is being prepared;

 (b) Evaluated the effectiveness of the smallbusiness issuer’s disclosure controls and procedures and presented in thisreport our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

(c)Disclosed in this report any change in the small business issuer’s internalcontrol over financial reporting that occurred during the small business issuer’smost recent fiscal quarter (the small business issuer’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the small business issuer’s internal control overfinancial 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 financialreporting, to the small business issuer’s auditors and the audit committee ofthe small business issuer’s board of directors (or persons performing theequivalent functions):

(a)All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely 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 employeeswho have a significant role in the small business issuer’s internal controlover financial reporting.
| Date:      | October 2,   2006 |                                         |   | /s/  SCOTT A. MONTGOMERY |   |
|------------|-----------------------------|----------------------------------------------|--------|-------------------------------|--------|
| ** ** |                        | Scott A. Montgomery  Chief Executive Officer |

 

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