alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Pages 23874-23875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11932]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Accreditation and Approval of Intertek USA, Inc., as a Commercial 
Gauger and Laboratory

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of accreditation and approval of Intertek USA, Inc., as 
a commercial gauger and laboratory.

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

SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.12 and 19 
CFR 151.13, Intertek USA, Inc., 101 20th Street South, Texas City, TX 
77590, has been approved to gauge and accredited to test petroleum and 
petroleum products, organic chemicals and vegetable oils for customs 
purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 
151.13. Anyone wishing to employ this entity to conduct laboratory 
analyses and gauger services should request and receive written 
assurances from the entity that it is accredited or approved by the 
U.S. Customs and Border Protection to conduct the specific test or 
gauger service requested. Alternatively, inquires regarding the 
specific test or gauger service this entity is accredited or approved 
to perform may be directed to the U.S. Customs and Border Protection by 
calling (202) 344-1060. The inquiry may also be sent to 
<a href="/cdn-cgi/l/email-protection#452627356b2924272d3405212d366b222a33"><span class="__cf_email__" data-cfemail="87e4e5f7a9ebe6e5eff6c7e3eff4a9e0e8f1">[email protected]</span></a>. Please reference the Web site listed below for a 
complete listing of CBP approved gaugers and accredited 
laboratories.http://cbp.gov/xp/cgov/import/operations_support/labs_scientific_svcs/commercial_gaugers/.

DATES: The accreditation and approval of Intertek USA, Inc., as 
commercial gauger and laboratory became effective

[[Page 23875]]

on February 18, 2009. The next triennial inspection date will be 
scheduled for February 2012.

FOR FURTHER INFORMATION CONTACT: Anthony Malana, Laboratories and 
Scientific Services, U.S. Customs and Border Protection, 1300 
Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-
1060.

    Dated: May 15, 2009.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services.
[FR Doc. E9-11932 Filed 5-20-09; 8:45 am]
BILLING CODE 9111-14-P


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II 

109TH CONGRESS 

1ST SESSION S. 816 

To establish the position of Northern Border Coordinator in the Department 

of Homeland Security. 

IN THE SENATE OF THE UNITED STATES 

APRIL 15, 2005 

Mr. REID (for Mrs. CLINTON) introduced the following bill; which was read 

twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL

To establish the position of Northern Border Coordinator 

in the Department of Homeland Security.

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

3 SECTION 1. NORTHERN BORDER COORDINATOR. 

4 (a) IN GENERAL.—Title IV of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 201 et seq.) is amended— 

6 (1) in section 402— 

7 (A) by redesignating paragraph (8) as 

8 paragraph (9); and 

9 (B) by inserting after paragraph (7) the 

10 following: 
2

•S 816 IS

1 ‘‘(8) Increasing the security of the border be2 tween the United States and Canada and the ports 

3 of entry located along that border, and improving 

4 the coordination among the agencies responsible for 

5 maintaining that security.’’; and 

6 (2) in subtitle C, by adding at the end the fol7 lowing: 

8 ‘‘SEC. 431. NORTHERN BORDER COORDINATOR. 

9 ‘‘(a) IN GENERAL.—There shall be within the Direc10 torate of Border and Transportation Security the position 

11 of Northern Border Coordinator, who shall be appointed 

12 by the Secretary and who shall report directly to the 

13 Under Secretary for Border and Transportation Security. 

14 ‘‘(b) RESPONSIBILITIES.—The Northern Border Co15 ordinator shall be responsible for— 

16 ‘‘(1) increasing the security of the border, in17 cluding ports of entry, between the United States 

18 and Canada; 

19 ‘‘(2) improving the coordination among the 

20 agencies responsible for the security described under 

21 paragraph (1); 

22 ‘‘(3) serving as the primary liaison with State 

23 and local governments and law enforcement agencies 

24 regarding security along the border between the 

25 United States and Canada; and 
3

•S 816 IS

1 ‘‘(4) serving as a liaison with the Canadian gov2 ernment on border security.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of the Homeland Security Act of 2002 (6 

5 U.S.C. 101 et seq.) is amended by inserting after the item 

6 relating to section 430 the following:

‘‘Sec. 431. Northern Border Coordinator.’’.

Æ
II 

109TH CONGRESS 

1ST SESSION S. 865 

To amend the Atomic Energy Act of 1954 to reauthorize the Price-Anderson 

provisions. 

IN THE SENATE OF THE UNITED STATES 

APRIL 20, 2005 

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

referred to the Committee on Environment and Public Works 

A BILL 

To amend the Atomic Energy Act of 1954 to reauthorize 

the Price-Anderson provisions. 

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 ‘‘Price-Anderson 

5 Amendments Act of 2005’’. 

6 SEC. 2. EXTENSION OF INDEMNIFICATION AUTHORITY. 

7 (a) INDEMNIFICATION OF NUCLEAR REGULATORY

8 COMMISSION LICENSEES.—Section 170c. of the Atomic 

9 Energy Act of 1954 (42 U.S.C. 2210(c)) is amended— 
2 

•S 865 IS

1 (1) in the subsection heading, by striking ‘‘LI2 CENSES’’ and inserting ‘‘LICENSEES’’; 

3 (2) by striking ‘‘December 1, 2003’’ and insert4 ing ‘‘December 1, 2025’’; and 

5 (3) by striking ‘‘December 31, 2003’’ each 

6 place it appears and inserting ‘‘December 31, 

7 2025’’. 

8 SEC. 3. REPORTS. 

9 Section 170p. of the Atomic Energy Act of 1954 (42 

10 U.S.C. 2210(p)) is amended by striking ‘‘August 1, 1998’’ 

11 and inserting ‘‘August 1, 2025’’. 

12 SEC. 4. EFFECTIVE DATE. 

13 The amendments made by this Act take effect on De14 cember 1, 2003. 

Æ
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 00-6224

JEFFREY DAVID BARNES, Plaintiff - Appellant, versus COMMONWEALTH OF VIRGINIA, Virginia Department of Corrections; RONALD ANGELONE, Director, VA Department of Corrections; LISA EDWARDS; LEESULLIVAN, Safety Specialist, Dillwyn Correctional Center, Defendants - Appellees.Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Samuel G. Wilson, Chief District Judge. (CA-99-918-7) Submitted: May 11, 2000 Decided: May 16, 2000 Before MURNAGHAN, LUTTIG, and TRAXLER, Circuit Judges. Affirmed by unpublished per curiam opinion. Jeffrey David Barnes, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Jeffrey David Barnes appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint and denying his motion for summary judgment. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Barnes v Virginia , No. CA-99-918-7 (W.D. Va. Jan. 28, 2000). 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
```

                                                                    Exhibit 23.2

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement on
Form S-8 No. 333-49387 pertaining to the 1992 Amended Stock Option Plan of
Allied Healthcare International Inc. and the Registration Statement on Form S-3
No. 333-90890 pertaining to the registration of 23,497,157 shares of Allied
Healthcare International Inc.'s common stock, of our report dated November 8,
2002, with respect to the consolidated financial statements and schedules of
Allied Healthcare International Inc. included in this Annual Report (Form
10-K/A) for the year ended September 30, 2003.

                                          /s/ Ernst & Young LLP

New York, New York
May 13, 2004
```
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
periodic report of Dynacq Healthcare, Inc. (the Company) on Form 10-K for the year ended August 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Chiu M. Chan, President
and Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

(1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

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



|                         |  |                                      
|------------------------ |  | -------------------------------------
|Dated: November 16, 2011 |  | /s/ Chiu M. Chan                     
|                         |  | Chiu M. Chan                         
|                         |  | President and Chief Executive Officer
|                         |  | Dynacq Healthcare, Inc.
* 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.

### IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-40113 Conference Calendar UNITED STATES OF AMERICA Plaintiff-Appellee v. SCOTT VIRGIL DROUIN Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:07-CR-62-ALL Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM: * The Federal Public Defender appointed to represent Scott Virgil Drouin has moved for leave to withdrawand has filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967). Drouin has not filed a response. Our independent review of the record and counsel’s brief discloses no nonfrivolous issue for appeal. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR. R. 42.2. United States Court of Appeals Fifth Circuit 

### F I L E D August 20, 2008 Charles R. Fulbruge III Clerk
#### State v. Guzman-Pascual

Case below: 184 N.C. App. — (19 June 2007)

No. 361P07

Defs PDR under N.C.G.S. § 7A-31 (COA06-707)

Denied 10/11/07
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#### In the Matter of the Claim of Racheal Torres, Appellant. Commissioner of Labor, Respondent.

[975 NYS2d 822]

Appeal from a decision of the Unemployment Insurance Appeal Board, filed June 7, 2012, which ruled, among other things, that claimant was disqualified from receiving unemployment insurance benefits because she voluntarily left her employment without good cause.

While employed as a counselor for a shelter, claimant’s physician advised her to stop working due to a high risk pregnancy and she eventually resigned her position rather than requesting any type of leave. Following hearings, the Unemployment Insurance Appeal Board ultimately ruled that claimant voluntarily separated from her employment for personal and noncompelling reasons and, as such, she was disqualified from receiving unemployment insurance benefits. Claimant now appeals.

We affirm. “[W]hether a claimant has good cause to leave his or her employment is a factual question for the Board to resolve and its decision will not be disturbed if supported by substantial evidence” *(Matter of Mkhitaryan [Commissioner of Labor],*86 AD3d 888, 889 [2011] [internal quotation marks and citation omitted]; *see Matter of Pierre-Louis [Commissioner of Labor],*106 AD3d 1362, 1362 [2013]; *Matter of Pencola [Commissioner of Labor],*92 AD3d 1009, 1009 [2012]). Here, claimant testified that, when she was over eight months pregnant and suffering from stress, she resigned her position based upon medical advice from her physician. Claimant further stated that she did not discuss her entitlement to maternity or medical leave at the time of her resignation and, while she was aware that she could apply for disability benefits, she chose not to because she did not think the payments would cover her expenses. Given these circumstances, we find that “substantial evidence supports the Board’s decision that claimant failed to take reasonable steps to protect her employment prior to resigning” *(Matter of Warmsley [Commissioner of Labor],*32 AD3d 1059, 1060 [2006]; *see Matter of Kohen [Commissioner of Labor],*17 AD3d 955, 956 [2005]).

Eeters, EJ, Rose, Spain and Garry, JJ., concur. Ordered that the decision is affirmed, without costs.
#### Foster v. Crandell

Case below: 181 N.C. App.-

No. 073P07

Defs’ Motion for Temporary Stay (COA05-1140) '

Allowed 02/09/07
```

                                 Exhibit 99.1

                          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 Annual Report on Form 10-K of Medix  Resources,
Inc.  (the  "Company")  for the year ended  December  31,  2002 filed with the
Securities and Exchange  Commission (the "Report"),  I, Darryl R. Cohen, 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:

(1)   The Report fully complies with the  requirements of Section 13(a) of the
Securities Exchange Act of 1934; and

(2)   The  information  contained  in  the  Report  fairly  presents,  in  all
material respects,  the consolidated  financial condition of the Company as of
the dates presented and consolidated  results of operations of the Company for
the periods presented.

Dated: March 22, 2003

By: /s/ Darryl R. Cohen
    --------------------------
      Chief Executive Officer

This  certification  has been furnished  solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002.

A signed original of this written  statement  required by Section 906 has been
provided to Medix  Resources,  Inc.  and will be retained by Medix  Resources,
Inc. and  furnished to the  Securities  and Exchange  Commission  or its staff
upon request.
```
EXHIBIT 31
 CERTIFICATION
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under my supervision, to ensure that material
information relating to the registrant, including any consolidated subsidiaries, is
made known to me by others within those entities, particularly during the period in
which this report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under my supervision, to
provide reasonable assurance regarding the reliability of financial reporting and the
preparation of financial statements for external purposes;c)
    
    Evaluated the effectiveness of the registrants disclosure controls and
procedures and presented in this report my 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; andd)
    
    Disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter
(the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants
internal control over financial reporting; and
  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 registrants ability to record, process, summarize and report financial
information; andb)
    
    Any fraud, whether or not material, that involves persons who have a
significant role in the registrants internal control over financial reporting.
  Date: May 10, 2010
    By:
    /s/ Lee Ann AndersonLee Ann AndersonVice President and Senior Trust Officer,
Compass Bank
#### Carroway Luxury Homes, LLC, Respondent, v Richard Edwards, Doing Business as Edwards Framing & Contracting, Appellant, et al., Defendant.

[963 NYS2d 907]

Appeal from an order of the Supreme Court, Onondaga County (John C. Cherundolo, J.), entered October 14, 2011. The order, insofar as appealed from, granted the motion of plaintiff for summary judgment against defendant Richard Edwards, doing business as Edwards Framing & Contracting.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on January 4 and 9, 2013,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation.

Present—Centra, J.E, Fahey, Carni, Whalen and Martoche, JJ.
954 A.2d 457

#### ATTORNEY GRIEVANCE COMMISSION OF MARYLAND, Petitioner v. David ALEXANDER, Jr., Respondent.

Misc. Docket AG, No. 94

Sept.Term, 2007.

Court of Appeals of Maryland.

Aug. 18, 2008.

*ORDER*

Based upon the terms of the Joint Petition for Disbarment and Affidavit filed by David Alexander, Jr. in accordance with Rule 16-772, and the written recommendation of Bar Counsel, it is this 18th day of August, 2008,

ORDERED, by the Court of Appeals of Maryland, that David Alexander, Jr., be, and he is hereby, disbarred by consent from the further practice of law in the State of Maryland; and it is further,

ORDERED, that the Clerk of this Court shall strike the name of David Alexander, Jr. from the register of attorneys, and pursuant to Maryland Rule 16-772(d) shall certify that fact to the Trustees of the Client Protection Fund and the Clerks of all judicial tribunals in this State.
**EXHIBIT 23.1**
**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**
     We consent to the incorporation by reference in Registration Statement No. 333-73112 on FormS-3 of McAfee, Inc. and Registration Statement Nos. 333-112175, 333-49297, 333-51795, 333-43572,333-41964, 333-69301, 333-63627, 333-61369, 333-88399, 333-80829, 333-54024, 333-71404, 333-66586,333-99611, 333-91422, 333-110257, 333-41337 and 333-121740 on Form S-8 of McAfee, Inc. of ourreports dated March 30, 2005, relating to the 2004 consolidated financial statements and financialstatement schedule of McAfee, Inc. and management’s report on the effectiveness of internal controlover financial reporting (which report expresses an adverse opinion on the effectiveness ofinternal control over financial reporting because of material weaknesses), appearing in this AnnualReport on Form 10-K of the Company for the year ended December 31, 2004.
/s/ DELOITTE & TOUCHE LLP
San Jose, California
EXHIBIT 32.1 

 

**CERTIFICATION PURSUANT TO**

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

 

The undersigned, Wayne P. Garten, President and Chief Executive Officer and John W. Swatek, Senior Vice President, Chief Financial Officer and Treasurer  of Hanover Direct, Inc. (the "Company"),  each hereby certify that to his knowledge the Quarterly Report on Form 10-Q for the fiscal quarter ended July 1, 2006 of the Company filed with the Securities and Exchange Commission on the date hereof (the "Report") fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the period specified. 

 

Signed at the City of Weehawken, in the State of New Jersey, this 14th day of August, 2006. 

 

 
| /s/ Wayne P. Garten

Wayne P. Garten

President and Chief Executive Officer

 

/s/ John W. Swatek

JohnW. Swatek

Senior Vice President, Chief Financial Officer and Treasurer |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
#### In the Matter of Jeffrey Williams, Appellant, v Warren D. Barkley, Superintendent of Cape Vincent Correctional Facility, Respondent.

Submitted November 16, 2009;

decided January 12, 2010

Reported below, 2009 NY Slip Op 85317(U); 2009 NY Slip Op 86643(U).

Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution.