alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [RTID 0648-XB424]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice of informational webinars.

# SUMMARY:

The Gulf of Mexico Fishery Management Council (Council) will host informational webinars on behalf of NOAA Fisheries regarding the implementation of the Southeast For-Hire Integrated Electronic Reporting Program.

# DATES:

The Council will host two For-Hire Vessel Monitoring System Requirements informational webinars on October 7, 2021, from 10 a.m. to 11:30 a.m. EDT and on October 12, 2021, from 6 p.m. until 7:30 p.m. EDT.

# ADDRESSES:

The meetings will be held via webinar.

# FOR FURTHER INFORMATION CONTACT:

Emily Muehlstein, Public Information Officer, Gulf of Mexico Fishery Management Council; telephone: (813) 348-1630.

# SUPPLEMENTARY INFORMATION:

                    The Council, on behalf of NOAA Fisheries, will host informational webinars regarding the upcoming implementation of vessel monitoring system (VMS) requirements for the Southeast For-Hire Integrated Electronic Reporting Program. Requirements for Gulf of Mexico federal charter/headboat permit holders are anticipated to become effective December 13, 2021. The informational webinars will provide an                           ( print page 51874)                        overview of regulations, allow vendors to present available, approved VMS units, and provide opportunities for participants to ask questions about the program and VMS units.                

                    The webinars are open to the public. Registration is required. Additional information, including links to registration is available at:                     *https://gulfcouncil.org/​public-hearings-scoping-workshops/​.*

The end times specified for these webinars are subject to change.

*Authority:*16 U.S.C. 1801*et seq.*

Dated: September 14, 2021.

Tracey L. Thompson,

Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 2021-20175 Filed 9-16-21; 8:45 am]

BILLING CODE 3510-22-P
**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 Emeritus Corporation (the “Company”) on
Form 10-Q for the quarter ended March 31, 2005, as filed with the Securities and
Exchange Commission on the date hereof (the “Quarterly Report”), I, Raymond
R. Brandstrom, Chief Financial 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
      Quarterly Report fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d));
      and
 
 2.
    The
      information contained in the Quarterly Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.
 
 
 /s/
      Raymond R. BrandstromRaymond
      R. BrandstromChief
      Financial OfficerMay
      12, 2005
#### Rarden Mercantile Co. *v.*Hart.

*Assumpsit.*

(Decided May 21, 1914.

65 South. 327.)

*Corporations; Default Judgment; Record; Proof of*Service.— A default judgment against a corporation cannot be sustained where the record fails to show that proof was made to the court that the person served- with summons was such an officer or agent of the corporation as was by law authorized to receive service on its behalf at the time of such service.

Appeal from Jefferson Circuit Court.

Heard before Hon. E. O. Crowe.

Assumpsit by Sifney Hart against the Rarden Mercantile Company. Judgment for plaintiff by default, and defendant appeals.

Reversed and remanded.

Thompson & Thompson, for appellant.

Proof of service was not shown by the record in such a sense as to support a default judgment against the corporation.— *Roman v.*Morgan, 162 Ala. 133; *Oxanna Assn. v. Agee,*99 Ala. 591.

*514Kerr & Haley, for appellee.

The service was on the proper officer and is sufficiently shown by the record.— *Hoffman v.A. E. & F. Go.,*124 Ala. 542.

SOMERVILLE, J. —

There was judgment by default against the defendant, appellant, the Rarden Mercantile Company,- a corporation. The record fails to show that proof was made to the court that the person on 'whom the summons was served was, at the time of such service, such an officer or agent of the defendant as was by law authorized to receive service on behalf of the *defendant*.—Oxanna, *etc., Ass’n v. Agee,*99 Ala. 571, 13 South. 279; *Hoffman v. A. D. & F. Co.,*124 Ala. 542, 27 South. 485; *Roman v. Morgan,*162 Ala. 133, 50 South. 273.

For this omission, the judgment must be reversed.

Reversed and remanded.

Anderson, C. J., and Mayfield and Gardner, JJ., concur.
#### RANKEN, Respondent, v. JANES, Appellant.

(Supreme Court, Appellate Division, Second Department.

November 20, 1896.)

Action by Jesse B. Ranken against William H. Janes.

Benjamin F. Tracy, for appellant.

Abram H. Dailey, for respondent.

PER CURIAM.

We think that the learned trial judge misapprehended the effect of our decision in Matter of Janes, 87 Hun, 57, 33 N. Y. Supp. 968, and the opinion there delivered. That was an application by the present appellant to revoke the probate of certain provisions of the will of Eckford Webb in favor of the present respondent, on the ground they were procured by fraud. The surrogate, at the close of the appli*1130cant’s evidence, dismissed the proceeding. On appeal, we affirmed the decree of the surrogate. The opinion premises the statement that the appeal was, under the Oode (section 2686), a rehearing on the facts. We did not treat the case as similar to a nonsuit in an action, nor did we determine that there was no evidence tending to establish fraud, nor that the provisions of the will were procured by fraud. We did decide, upon the record then before us, that no fraud was practiced on the testator, and that the fraud charged, if it did exist, was not the inducing cause of the testamentary provisions assailed. But these questions were decided as questions of fact, not as questions of law, and the burden of the opinion is to be treated as an argument on the propositions of fact. Our decision in the proceeding _ to revoke the probate would not conclude the parties in an action at law to try title to the real estate devised. Corley v. McElmeel, 149 N. Y. 228, 43 N. E. 628. The judgment appealed from should be reversed, and a nqw trial granted, costs to abide event.
**EXHIBIT        32**

**CERTIFICATE        OF CHIEF EXECUTIVE OFFICER AND **

**PRINCIPAL        FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE **

**SARBANES-OXLEY        ACT OF 2002 (18 U.S.C. 1350)**

|  | 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 results of operations of the                    Company. |
|--|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                                                                                                                                               |   |   |   |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
| /s/ Alan                      Doyle                                                                                                                                                           |   |   |   |
|                                                                                                                                                                                                    |   |   |   |
| Alan                        DoylePresident                        (Chief Executive Officer),Treasurer                        (Principal Financial Officer)November                        10, 2005 |   |   |        |
Exhibit 31.2


                                  Exhibit 31.2

                                  CERTIFICATION


I, Timothy B. Murphy, certify that:

1.   I have  reviewed  this report on Form 10-Q of Investors  Capital  Holdings,
     Ltd.;

2.   Based on my  knowledge,  this  annual  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 annual report;

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

4.   The  registrant'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 registrant 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
         registrant,  including its consolidated subsidiaries,  is made known to
         us by others within those entities,  particularly  during the period in
         which this annual report is being prepared; and

     b)  Evaluated the effectiveness of the registrant's disclosure controls and
         procedures  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.


Date: August 12, 2005

 /s/ Timothy B. Murphy
Timothy B. Murphy, Executive Vice President,
Treasurer, Chief Financial Officer and Director
(principal financial officer)
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Environmental Health Sciences Special Emphasis Panel, Contract Review—NIH ES 00-24.                    

*Date:*                         May 24, 2000.                    

*Time:*                         8:30 AM to 4:30 PM.                    

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         NIEHS-East Campus, Building 4401, Conference Room 122, 79 Alexander Drive, Research Triangle Park, NC 27709.                    

*Contact Person:*                         Linda K. Bass, PhD, Scientific Review Administrator, NIEHS, PO Box 12233 EC-30, Research Triangle Park, NC 27709, (919) 541-1307.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.113, Biological Response to Environmental Health Hazards; 93.114, Applied Toxicological Research and Testing; 93.115, Biometry and Risk Estimation—Health Risks from Environmental Exposures; 93.142, NIEHS Hazardous Waste Worker Health and Safety Training; 93.143, NIEHS Superfund Hazardous Substances—Basic Research and Education; 93.894, Resources and Manpower Development in the Environmental Health Sciences, National Institutes of Health, HHS)

Dated: April 6, 2000.

Anna Snouffer, 

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-9432  Filed 4-14-00; 8:45 am]

BILLING CODE 4140-01-M
#### KING et al., Respondents, v. METROPOLITAN EL. RY. CO., Appellant.

(Supreme Court, General Term, First Department.

May 18, 1894.)

Action by David I. King and others against the Metropolitan Elevated Railway Company.

Argued before VAN BRUNT, P. J., and FOLLETT and PARKER, JJ.

I. A. Murray, for appellant

A. O. Townsend, for respondents.

No opinion. Order affirmed, with $10 costs and disbursements.
#### In re SMITH. In the matter of Louise Condit Smith.

(Supreme Court, Appellate Division, First Department.

October 23, 1896.)

No opinion. Order affirmed, with $10 costs and disbursements.
#### In the Matter of Starsha R., a Person Alleged to be a Juvenile Delinquent, Appellant.

[946 NYS2d 492]

—In a juvenile delinquency proceeding pursuant to Family Court Act article 3, the appeal is from an order of disposition of the Family Court, Kings County (Freeman, J.), dated June 24, 2011, which, upon a fact-finding order of the same court dated April 21, 2011, made after a hearing, finding that the appellant had committed acts which, if committed by an adult, would have constituted the crimes of attempted assault in the third degree and obstructing governmental administration in the second degree, adjudged her to be a juvenile delinquent and placed her on probation for 12 months. The appeal brings up for review the fact-finding order dated April 21, 2011.

Ordered that the order of disposition is affirmed, without costs or disbursements.

Contrary to the appellant’s contentions, the Family Court properly determined that there was probable cause for police officers to take the appellant into custody pursuant to Mental Hygiene Law § 9.41 *(see generally Bayne v Provost,*2005 WL 1871182, *7, 2005 US Dist LEXIS 40889, *24-27 [ND NY 2005]). Viewing the evidence in the light most favorable to the presentment agency *(see Matter of David H.,*69 NY2d 792, 793 [1987]; *Matter of Summer D.,*67 AD3d 1008 [2009]; *Matter of Davonte B.,*44 AD3d 763 [2007]), we find that it was legally sufficient to establish, beyond a reasonable doubt, that the appellant committed acts, which, if committed by an adult, would have constituted the crimes of obstructing governmental administration in the second degree *(see*Penal Law § 195.05; *see generally People v Romeo,*9 AD3d 744 [2004]; *Matter of Joshua C.,*289 AD2d 1095 [2001]), and attempted assault in the third degree *(see*Penal Law §§ 110.00, 120.00). In addition, upon the exercise of our factual review power *(cf*CPL 470.15 [5]), we are satisfied that the findings of fact with regard to the foregoing acts are not against the weight of the evidence *(see generally Matter of Devon A.,*78 AD3d 1171 [2010]).

The appellant’s remaining contentions are without merit. Florio, J.P., Balkin, Hall and Miller, JJ., concur.
# C_2021272EN.01000101.xml

| 8.7.2021 | EN | Official Journal of the European Union | C 272/1 |
| --- | --- | --- | --- |

8.7.2021

EN

Official Journal of the European Union

C 272/1

---

Non-opposition to a notified concentration

(Case M.10328 — CDPQ/ATI/ATI European Communications Infrastructure Business)

(Text with EEA relevance)

(2021/C 272/01)

On 28 June 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10328. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10328. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
```
**                    EXHIBIT 32.1**
```

```
 
```

```
 
```

```
**                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER**
```

```
**                       PURSUANT TO 18 U.S.C. SECTION 1350,**
```

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

```
 
```

```
        I, Michael Lewis, certify, pursuant to 18 U.S.C. Section 1350, as adopted  pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of eLinear, Inc. on Form 10-QSB/A (Second Amendment) for the quarterly period ended June 30, 2004, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such  Form 10-QSB/A fairly  presents in all material respects the financial condition and results  of  operations of eLinear, Inc.
```

```
 
```

```
Date:  April 3, 2006
```

```
 
```

```
By:  _/s/  Michael Lewis______________
```

```
        Michael Lewis
```

```
        Chief Executive Officer
```
#### In the Matter of Anthony L. Clapes et al., Appellants, v Tax Appeals Tribunal of the State of New York et al., Respondents.

Submitted April 30, 2007;

decided May 8, 2007

Appeal dismissed, without costs, by the Court of Appeals, sua *976sponte, upon the ground that no substantial constitutional question is directly involved.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-4882

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ALFREDO RIOS, a/k/a Alfredo Rios Perez,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Durham. Frank W. Bullock, Jr.,

District Judge. (CR-04-142)

Submitted: October 12, 2005 Decided: November 8, 2005

Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Leslie Carter Rawls, Charlotte, North Carolina, for Appellant.

Anna Mills Wagoner, United States Attorney, Sandra J. Hairston,

Assistant United States Attorney, Greensboro, North Carolina, for

Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Alfredo Rios pled guilty to possession with intent to

distribute approximately five kilograms of cocaine, in violation of

21 U.S.C. § 841(b)(1)(A) (2000). Rios was sentenced to 126 months

in prison. He now appeals, arguing that his sentence violates the

Sixth Amendment. We affirm.

Rios’ presentence report assigned a base offense level of

34 based on more than fifteen kilograms of cocaine. See U.S.

Sentencing Guidelines Manual § 2D1.1(c)(3) (2003). Three levels

were subtracted for acceptance of responsibility. See USSG

§ 3E1.1. With a total offense level of 31 and a criminal history

category of III, Rios’ guideline range was 135-168 months.

At sentencing, the district court considered Rios’

objections based on Blakely v. Washington, 542 U.S. 246 (2004), to

the calculation of the base offense level. The court concluded

that Rios was responsible for at least five but less than fifteen

kilograms of cocaine and assigned base offense level 32. With the

three-level reduction for acceptance of responsibility, Rios’

guideline range was 108-135 months. The court sentenced him to 126

months in prison. 

On appeal, Rios objects under Blakely and United

States v. Booker, 125 S. Ct. 738 (2005), to the district court’s

determination of the base offense level. Rios contends that his

base offense level should have been 30, representing the actual
- 3 -

weight of cocaine (4.8 kilograms) seized from the trunk of his car

at the time of his arrest. He notes that he pled guilty to

possessing with intent to distribute approximately five kilograms

of cocaine. 

We discern no Sixth Amendment error. Even if Rios is

correct and his base offense level should be 30, his guideline

range would be 121-151 months. Because his sentence of 126 months

does not exceed the maximum authorized by the facts admitted, there

is no Sixth Amendment violation. See United States v. Evans, 416

F.3d 298, 300 (4th Cir. 2005). 

We accordingly affirm. We dispense with oral argument

because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED