alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35825-35826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17321]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AG23


Defense Federal Acquisition Regulation Supplement; Acquisition of 
Commercial Items (DFARS Case 2008-D011)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule; correction.

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

SUMMARY: DoD is making a correction to the interim rule published at 74 
FR 34263 on July 15, 2009, which amended the Defense Federal 
Acquisition Regulation Supplement (DFARS) to address the conditions 
under which a time-and-materials or labor-hour contract may be used for 
the acquisition

[[Page 35826]]

of commercial items. This correction clarifies the types of services to 
which the rule applies.

DATES: Effective date: July 21, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile 
703-602-7887.

SUPPLEMENTARY INFORMATION: The interim rule published at 74 FR 34263 on 
July 15, 2009, amended the DFARS to implement Sections 805 and 815 of 
the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 
110-181). The rule specified the conditions under which a time-and-
materials or labor-hour contract may be used for the acquisition of 
commercial items. This correction clarifies the types of services to 
which the rule applies, consistent with subsections (c)(1)(A) and 
(c)(1)(C)(i) of Section 805 of Public Law 110-181.

List of Subjects in 48 CFR Part 212

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Accordingly, the interim rule published at 74 FR 34263 on July 15, 
2009, is corrected as follows:

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
1. The authority citation for 48 CFR Part 212 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


0
2. Section 212.207 is amended by revising paragraphs (b)(i) and 
(b)(iii)(A) to read as follows:


212.207  Contract type.

    (b) * * *
    (i) Services acquired for support of a commercial item, as 
described in paragraph (5) of the definition of commercial item at FAR 
2.101 (41 U.S.C. 403(12)(E)).
* * * * *
    (iii) * * *
    (A) The services to be acquired are commercial services as defined 
in paragraph (6) of the definition of commercial item at FAR 2.101 (41 
U.S.C. 403(12)(F));
* * * * *
[FR Doc. E9-17321 Filed 7-20-09; 8:45 am]
BILLING CODE 5001-08-P
###### **EXHIBIT 32.2**

 

AlphaPro Tech, Ltd

CERTIFICATIONPURSUANT TO

18U.S.C.SECTION 1350,

ASADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACTS OF 2002

 

In connection with thequarterly report of Alpha Pro Tech, Ltd on Form 10-Q for the quarter ending September30, 2007 as filed with the Securities and Exchange Commission on the datehereof (the “Report”), I, Lloyd Hoffman Chief Financial Officer of the Company,certify, pursuant to 10 U.S.C. ss. 1350, as adopted pursuant to ss.906 of theSarbanes-Oxley Act of 2002, that:

(1)The Report fullycomplies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934: and

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

 

 

| DATE:  | **November 8, 2007** | ** ** | BY:    | /s/ LLOYD HOFFMAN       |
|--------|----------------------|------------|--------|-------------------------|
|   | ** **           | ** ** |   | Lloyd Hoffman           |
|   | ** **           | ** ** |   | Chief Financial Officer |

 

----
<page>

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


In connection with the Form 10-QSB of DirectView, Inc. (the "Company") on Form
10-QSB for the six months ending June 30, 2005, as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michele Ralston,
acting 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, to the best of my knowledge and belief:

         (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 result of
                  operations of the Company.




/s/Michele Ralston
Michele Ralston
Acting Chief Financial Officer
August 17, 2005

A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
has been provided to the Company and will be retained by the Company and
furnished to the Securities and Exchange Commission or its staff upon request.
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. App.), 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 grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Heart, Lung, and Blood Institute Special Emphasis Panel; Cardiac Translational Research Implementation Program.                    

*Date:*                         July 24, 2009.                    

*Time:*                         8 a.m. to 5:30 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.                    

*Contact Person:*                        Youngsuk Oh, PhD, Scientific Review Officer, Review Branch/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7182, Bethesda, MD 20892-7924, 301-435-0277,                         *yoh@mail.nih.gov.*

This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)

Dated: July 14, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-17206 Filed 7-17-09; 8:45 am]

BILLING CODE 4140-01-P
Exhibit 32.1




Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002




Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and
(b) of Section 1350, Chapter 63 of Title 18, United States Code),
each of the undersigned officers of Globalstar, Inc. (the “Company”), does
hereby certify that:




This
quarterly report on Form 10-Q for the quarter ended March 31, 2010 of the
Company 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
Form 10-Q fairly presents, in all material respects, the financial
condition and results of operations of the Company.




Dated:
      May 7, 2010By:
            /s/
      Peter J. DaltonPeter
      J. Dalton
              Chief
      Executive OfficerDated:
      May 7, 2010By:
            /s/
      Fuad AhmadFuad
      Ahmad
              Chief
      Financial Officer
I 

108TH CONGRESS 

1ST SESSION H. R. 685

To amend the Higher Education Act of 1965 to repeal the provisions prohibiting persons convicted of drug offenses from receiving student financial 

assistance. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2003

Mr. FRANK of Massachusetts (for himself, Mr. TOWNS, Mr. OLVER, Mr. 

MCDERMOTT, Mr. GEORGE MILLER of California, Mr. BROWN of Ohio, 

Mr. WAXMAN, Mr. BLUMENAUER, Ms. NORTON, Ms. JACKSON-LEE of 

Texas, Mr. FARR, Ms. SLAUGHTER, Mrs. JONES of Ohio, Mr. RANGEL, 

Mr. MARKEY, Mr. NADLER, Mr. TIERNEY, Mr. RUSH, Ms. DELAURO, 

Mr. CAPUANO, Mr. HINCHEY, Mr. ABERCROMBIE, Mr. SNYDER, Mr. 

MATSUI, Mr. PAYNE, Mr. HOEFFEL, Mr. OWENS, Mr. SCOTT of Virginia, 

Mr. BACA, Mr. STARK, Ms. SCHAKOWSKY, Ms. LOFGREN, Mr. DEFAZIO, 

Mr. FILNER, Mr. CUMMINGS, Ms. BALDWIN, Mr. MATHESON, Mr. 

WEXLER, and Mr. LANTOS) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL

To amend the Higher Education Act of 1965 to repeal 

the provisions prohibiting persons convicted of drug offenses from receiving student financial assistance.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2

•HR 685 IH 

1 SECTION 1. REPEAL OF PROVISIONS PROHIBITING PER2 SONS CONVICTED OF DRUG OFFENSES FROM 

3 RECEIVING STUDENT FINANCIAL ASSIST4 ANCE. 

5 Subsection (r) of section 484 of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1091(r)) is repealed.

Æ
VHS NETWORK, INC.
            1400 Dixie Road, Suite 305, Mississauga, Ontario L5E 3E1


July 28, 2003

United States Securities and Exchange Commission
Division of Corporation Finance
Office of Small Business Review
450-5th Street, Northwest, Room 3112
Washington DC 20549

Dear Sir or Madam:

         RE: VHS Network, Inc.
         (File No. 0-29827),
         Form 10KSB for year ended December 31, 2002

This letter is in response to your correspondence dated June 30, 2003.

Please be advised that VHS Network,  Inc. (the  "Company") has re-filed its Form
10KSB  for the year  ended  December  31,  2002.  We have  included  or made the
following changes, as per your request of June 30, 2003.

Change of Accountants

The Company has caused to be filed a Form 8-K re change of auditors with respect
to the change of auditors from Gary Brown, C.A. to SF Partnership LLP along with
the appropriate consents.

The audit report of Gary Brown, C.A.  covering the 2001 financial  statements of
the Company has been  included  in the Form  10-KSB/A  filing for the year ended
December  31, 2002.  The said audit report  precedes the 2002 audit report of SF
Partnership LLP.

Consolidated Statements of Operations

The writedown of assets and inventory  allowance have been re-classified and are
now included under operating expenses, as per your request. The foreign exchange
gain, as per our conversation,  remains stated under "other income" expense,  as
in prior years.

Item 307

We have amended the Section 302  Certificate  as per your request,  and attached
same as an exhibit to the Form 10KSB/A.


Form 8-K dated February 12, 2002

We have  requested a letter from PMB and Company LLP with  respect to the filing
of our Form 8-K (re change of auditors)  of February  12,  2002.  As of the date
hereof, we have not yet received a copy of the letter from PMB and Company LLP.

Yours truly,

VHS Network, Inc.


Per: /s/ Elwin Cathcart
     ------------------------------
         Elwin Cathcart, CEO
#### Tarpe *v.*The State.

Lumpkin, J. — The evidence to connect the accused with the burglary as a principal being wholly circumstantial, and while sufficient to raise a presumption against him, yet as it did not exclude every other reasonable hypothesis, but on the contrary the hypothesis that the burglary was committed by the woman with whom he lived being sustained, not only by her positive testimony but by physical facts established by other witnesses, the verdict for burglary was unwarranted by the evidence and the court erred in not granting a new trial. The evidence was sufficient to convict the accused as accessory after the fact, but this grade of offense was-not charged in the indictment. *Judgment reversed.*

October 8, 1894.

Indictment fop burglary. Before Judge Clark. Fulton superior court. March term, 1894. .

Bora Ella Tarpe and Tom Tarpe were jointly indicted for burglary. She pleaded guilty; he was tried and found guilty, and his motion for a new trial was overruled. She testified that she committed the crime, and that he had nothing to do with it. It appeared that the-burglary was in the daytime, and that certain tracks found on the premises were woman’s tracks. Most of the stolen articles were found in a room occupied by both Tom and Bora Ella Tarpe, who lived together but were not married. Among these articles was a guitar which Tom Tarpe pawned after the burglary. Numerous other circumstances were in evidence, but they need, not be detailed here.

*458F. R. Walker, for plaintiff in error.

C. D. Hill, solicitor-general, *contra.*
**Exhibit 23.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in the Registration Statements (Form S-3 Nos. 333-102351, 333-90424,333-112220, 333-109872,333-109873 and 333-127521) of Dendreon Corporation and in the related Prospectuses and to the incorporation by reference in the Registration Statements (Form S-8 Nos. 333-39634, 333-107551, 333-85032) pertaining to the 2000Equity Incentive Plan, the 2000 Employee Stock Purchase Plan and the 2002 Broad Based Equity Incentive Plan of our reports dated March 13, 2006 with respect to the consolidated financial statements of Dendreon Corporation, Dendreon Corporationmanagement’s assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financial reporting of Dendreon Corporation, included in the Annual Report (Form 10-K) for the year endedDecember 31, 2005. 

 

/s/    ERNST & YOUNG LLP 

 

Seattle, Washington 

March 13, 2006
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7061

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

KEVIN COMMANDER,

Defendant - Appellant.

Appeal from the United States District Court for the Middle

District of North Carolina, at Greensboro. William L. Osteen, Sr.,

District Judge. (CR-91-57-G, CA-97-686-2)

Submitted: October 8, 1998 Decided: October 27, 1998

Before WIDENER, NIEMEYER, and MICHAEL, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Kevin Commander, Appellant Pro Se. Benjamin H. White, Jr., 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:

Appellant seeks to appeal the district court’s order denying

his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998).

We have reviewed the record and the district court’s opinion and

find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district

court. United States v. Commander, Nos. CR-91-57-G; CA-97-686-2

(M.D.N.C. May 26, 1998). In addition, this Court will generally not

consider issues raised for the first time on appeal. See Karpel v.

Inova Health Sys. Servs., 134 F.3d 1222, 1227 (4th Cir. 1998). We

note there was sufficient evidence to sentence Appellant based upon

crack cocaine. 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.

DISMISSED
#### Lott *v.*Peterson.

Simmons, *J.*— Neither forcible entry nor forcible detainer was constituted by merely refusing, peaceably and without any threat or display of force, to desist from enclosing, under claim of right, a church edifice on request of one of the trustees of the church who visited the premises while the work was in progress, nor by afterwards locking the gate of the enclosure and posting thereon a warning in these terms: “All persons are positively forbidden to trespass upon these grounds by or under any deed or other instrument of writing not given by the undersigned. The worship of God is not prohibited when the above is fully complied with.” *Curry*v. *Hendry,*46 *Qa.*631; *Stuckey*v. *Carlelon,*66 *Qa.*215; *Blackwell*v. *The State,*74 *Ga.*816.

October 22,1894.

Petition for *certiorari.*Before Judge Sweat. Coffee ■county. June 9, 1894.

Holton & Son and E. D. GIraham, for plaintiff in error.

*Judgment reversed.*
II 

108TH CONGRESS 

2D SESSION H. R. 5360

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 19, 2004

Received 

AN ACT

To authorize grants to establish academies for teachers and 

students of American history and civics, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 5360 RDS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘American History and 

3 Civics Education Act of 2004’’. 

4 SEC. 2. PRESIDENTIAL ACADEMIES FOR TEACHING OF 

5 AMERICAN HISTORY AND CIVICS; CONGRES6 SIONAL ACADEMIES FOR STUDENTS OF 

7 AMERICAN HISTORY AND CIVICS. 

8 (a) ESTABLISHMENT.—The Secretary of Education 

9 (referred to in this Act as the ‘‘Secretary’’) may award 

10 not more than 12 grants, on a competitive basis—

11 (1) to entities to establish Presidential Acad12 emies for Teaching of American History and Civics 

13 that may offer workshops for both veteran and new 

14 teachers of American history and civics; and 

15 (2) to entities to establish Congressional Acad16 emies for Students of American History and Civics. 

17 (b) APPLICATION.—An entity that desires to receive 

18 a grant under subsection (a) shall submit an application 

19 to the Secretary at such time, in such manner, and con20 taining such information as the Secretary may require. 

21 (c) DEMONSTRATED EXPERTISE.—The Secretary 

22 shall require that each entity, to be eligible to receive a 

23 grant under this section, demonstrate expertise in histor24 ical methodology or the teaching of history. 

25 (d) AVAILABLE FUNDS.—To carry out this section, 

26 the Secretary may use any funds appropriated for fiscal 
3

HR 5360 RDS 

1 year 2005 or any subsequent fiscal year to carry out part 

2 D of title V of the Elementary and Secondary Education 

3 Act of 1965 (20 U.S.C. 7241 et seq.). 

4 SEC. 3. NATIONAL HISTORY DAY PROGRAM. 

5 The Secretary may award grants to the National His6 tory Day Program for the purpose of continuing and ex7 panding its activities to promote the study of history and 

8 improve instruction.

Passed the House of Representatives November 19, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.
United States Court of Appeals

for the Fifth Circuit

No. 20-50974

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Nelson Aragones, 

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 3:18-CR-3544-1

Before Jolly, Willett, and Engelhardt, Circuit Judges.

Per Curiam:*

The Federal Public Defender appointed to represent Nelson 

Aragones has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Aragones has filed a response. The record is not 

* Pursuant to 5th Circuit Rule 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 5th Circuit Rule 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 17, 2021

Lyle W. Cayce

Clerk

Case: 20-50974 Document: 00515981138 Page: 1 Date Filed: 08/17/2021
No. 20-50974

2

sufficiently developed to allow us to make a fair evaluation of Aragoness’s 

claim of ineffective assistance of counsel; we therefore decline to consider 

the claim without prejudice to collateral review. See United States v. Isgar, 

739 F.3d 829, 841 (5th Cir. 2014).

We have reviewed counsel’s brief and the relevant portions of the 

record reflected therein, as well as Aragones’s response. We concur with 

counsel’s assessment that the appeal presents no nonfrivolous issue for 

appellate review. Accordingly, the motion for leave to withdraw is 

GRANTED, counsel is excused from further responsibilities herein, and 

the APPEAL IS DISMISSED. See 5th Cir. R. 42.2.

Case: 20-50974 Document: 00515981138 Page: 2 Date Filed: 08/17/2021
V 

108TH CONGRESS 

1ST SESSION H. R. 649

For the relief of Web’s Construction Company, Incorporated. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

Mr. WYNN introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL

For the relief of Web’s Construction Company, Incorporated.

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

3 SECTION 1. PAYMENT FOR CONSTRUCTION WORK. 

4 The Secretary of the Treasury shall pay, out of any 

5 money in the Treasury not otherwise appropriated, to 

6 Web’s Construction Company, Incorporated, a company 

7 incorporated in the State of Maryland, $262,500, plus a 

8 reasonable rate of interest (as determined by the Sec9 retary) for the period beginning February 1, 1990, and 

10 ending on the date of such payment, for construction work 

11 performed for the benefit of the Corps of Engineers in 

12 connection with Contract No. DACA31–88–C–0316. Pay-
2

•HR 649 IH 

1 ment of the sum shall be in full satisfaction of any claim 

2 of Web’s Construction Company, Incorporated, against 

3 the United States in connection with the construction 

4 work. 

5 SEC. 2. LIMITATION ON ATTORNEY FEES. 

6 It shall be unlawful for an amount exceeding 10 per7 cent of the amount paid pursuant to section 1 to be paid 

8 to, or received by, any agent or attorney for any service 

9 rendered in connection with the claim described in section 

10 1. Any person who violates this section shall be guilty of 

11 an infraction, and shall be subject to a fine in the amount 

12 provided in title 18, United States Code.

Æ