alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2006326EN.01004602.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 326/46 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 326/46

---

Reference for a preliminary ruling from the Korkein hallinto-oikeus (Finland) lodged on 20 November 2006 — Avena Nordic Grain Oy

(Case C-464/06)

(2006/C 326/94)

Language of the case: Finnish

Referring court

Korkein hallinto-oikeus (Finland)

Parties to the main proceedings

Applicant: Avena Nordic Grain Oy

Applicant:

Defendant: Finnish Ministry of Land and Agriculture

Defendant:

Question(s) referred

Is Article 5 of Commission Regulation (EC) No 800/1999, (1) in conjunction with the principles of proportionality and good administration, to be interpreted as meaning that the competent national authority may recognise an export declaration sent as a fax copy prior to the loading operation if it takes the view that there is not the least suspicion of fraud, the defect in the transmission of the export declaration was based on an error which was made in connection with advice given by the authority and the latter was able to establish that the signed original export declaration sent subsequently was identical in every way to the faxed copy?

1

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(1)  of 15 April 1999 laying down common detailed rules for the application of the system of export refunds on agricultural products (OJ 1999 L 102, p. 11).

1

---
§ 37.55 State certification documentation. ( a ) States seeking DHS's determination that its program for issuing REAL ID driver's licenses and identification cards is meeting the requirements of this part (full compliance), must provide DHS with the following documents: ( 1 ) A certification by the highest level Executive official in the State overseeing the DMV reading as follows: “I, [name and title (name of certifying official), (position title) of the State (Commonwealth))] of ______, do hereby certify that the State (Commonwealth) has implemented a program for issuing driver's licenses and identification cards in compliance with the requirements of the REAL ID Act of 2005, as further defined in 6 CFR par_t 37, and intends to remain in compliance with these regulations.”
( 2 ) A letter from the Attorney General of the State confirming that the State has the legal authority to impose requirements necessary to meet the standards established by this part.
( 3 ) A description of the State's exceptions process under § 37.11(h), and the State's waiver processes under § 37.45(b)(1)(v).
( 4 ) The State's Security Plan under § 37.41.
( b ) After DHS's final compliance determination, States shall recertify compliance with this part every three years on a rolling basis as determined by DHS.
DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT & TOURISM OFFICE OF PLANNING 235 South Beretania Street , 6th F lo or , Honolulu, Hawaii 96813 Mailing Address : P.O. Box 2359, Honolulu , Hawai i 96804 Ref. No .P- 13496 January 10, 2012 Mr. David Smith Manager , NPDES Permits Office U.S. Environmenta l Protection Agency, Region IX

75 Havlthorne Street San**Franci ~o,**  California 94105-3901 Attention: Mr. Eugene Bromley Dear Mr. Smith:

N E IL ABERCROMB IE G O VER NO R RICHARD C. LI M DI RE C TO R M ARY ALICE EVANS DEP UTY D IR E C T OR JESSE K. SOUKI DIR EC TO R O FFIC E O F PLA N NI NG Telepho ne: (808 ) 587·2846 Fax: (808 ) 587 - 2824 SubJect: Hawaii Coastal Zone Management (CZM) Program Federal Consistency Review for the I ssuance of General Nationa l Pollutant Discharge Elimina ti on System (NPDES) Permits for Discharges Inciden tal to the No rm al Operati on of Vessels The Hawaii CZM Program has completed its review of the Coastal Zone Managemen t Act nationa l federal consistency determination for the issuance oftwo general NPDES permi ts for di s charges incidental to the normal operation ofvessels: (1) Vessel General Permit (VGP) to regulate di scharges incidental to the normal operat i on of commercial vessels and noncommercial vessels greater than or equal to 79 feet in length; and (2) Small Vessel General Permit (s V( r P) to cover discharges incidental to th e normal operation of non -r ecrea tion al, nonmiiitar y vessels iess tha n 79 feet in length. We concur with EPA's determina tion that the proposed VGP and sVGP are consisten t to the maximum extent practicable with the enforceable policies of the Hawaii CZM Program , based on the follow in g cond itio n: .The VGP and the sVGP sh all be in compliance with State of Hawaii water quali ty

ce rt ification requi rements u nder Section 401 of the Clean Water Act , as spec i fied in Hawaii Revised Statutes Chapter 342D Water Pollution, and Hawaii Administrative Rule s Chap t er 11-54 Water Quality Standards. These authorities are adminis t ered by the**Stat~** Department of Health and are federally-approved · enforceable po li cies of the Ha w aii CZM Program.Mr. David Smith Page 2January 10,2012 CZM co nsi stency concurrence is no t an endorsemen t of the project nor does it convey approval wi th any other regulations adm in istered by any State or County agency. Thank you for your cooperation in complying with the Hawaii CZM Program. If you have any questions , please call John Nakagawa of our CZM Program at (808) 587-2878. Sinc ere ly .**.,/ ;** -,./c (**Jess uki**  Dt r'ecto r _I c: Dr. Wendy Wiltse, U.S . Environmental Protection Agenc y De p artment of Health, Clean Water Branch
### §43. Interpretations concerning preemption of certain State laws

#### (a) Notice and opportunity for comment required

Before issuing any opinion letter or interpretive rule, in response to a request or upon the agency's own motion, that concludes that Federal law preempts the application to a national bank of any State law regarding community reinvestment, consumer protection, fair lending, or the establishment of intrastate branches, or before making a determination under section 36(f)(1)(A)(ii) of this title, the appropriate Federal banking agency (as defined in section 1813 of this title) shall—

(1) publish in the Federal Register notice of the preemption or discrimination issue that the agency is considering (including a description of each State law at issue);

(2) give interested parties not less than 30 days in which to submit written comments; and

(3) in developing the final opinion letter or interpretive rule issued by the agency, or making any determination under section 36(f)(1)(A)(ii) of this title, consider any comments received.

#### (b) Publication required

The appropriate Federal banking agency shall publish in the Federal Register—

(1) any final opinion letter or interpretive rule concluding that Federal law preempts the application of any State law regarding community reinvestment, consumer protection, fair lending, or establishment of intrastate branches to a national bank; and

(2) any determination under section 36(f)(1)(A)(ii) of this title.

#### (c) Exceptions

#### (1) No new issue or significant basis

This section shall not apply with respect to any opinion letter or interpretive rule that—

(A) raises issues of Federal preemption of State law that are essentially identical to those previously resolved by the courts or on which the agency has previously issued an opinion letter or interpretive rule; or

(B) responds to a request that contains no significant legal basis on which to make a preemption determination.

#### (2) Judicial, legislative, or intragovernmental materials

This section shall not apply with respect to materials prepared for use in judicial proceedings or submission to Congress or a Member of Congress, or for intragovernmental use.

#### (3) Emergency

The appropriate Federal banking agency may make exceptions to subsection (a) if—

(A) the agency determines in writing that the exception is necessary to avoid a serious and imminent threat to the safety and soundness of any national bank; or

(B) the opinion letter or interpretive rule is issued in connection with—

(i) an acquisition of 1 or more banks in default or in danger of default (as such terms are defined in section 1813 of this title); or

(ii) an acquisition with respect to which the Federal Deposit Insurance Corporation provides assistance under section 1823(c) of this title.

(R.S. §5244, as added Pub. L. 103–328, title I, §114, Sept. 29, 1994, 108 Stat. 2366.)

#### **Editorial Notes**

#### Codification

Another R.S. §5244 is classified to section 8 of Title 33, Navigation and Navigable Waters.
# C_2007096EN.01002906.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 96/29 |
| --- | --- | --- | --- |

28.4.2007

EN

Official Journal of the European Union

C 96/29

---

Order of the President of the Court of 12 April 2007 (reference for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — 01051 Telecom GmbH v Bundesrepublik Deutschland intervener: Vodafone D2 GmbH

(Case C-453/06) (1)

1

(2007/C 96/62)

Language of the case: German

Language of the case: German

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

---

(1)  OJ C 326, 30.12.2006.

1

---
# C_2007095EN.01003303.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 95/33 |
| --- | --- | --- | --- |

28.4.2007

EN

Official Journal of the European Union

C 95/33

---

Action brought on 13 March 2007 — Commission of the European Communities v Kingdom of Sweden

(Case C-145/07)

(2007/C 95/64)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (represented by: K. Simonsson and R. Vidal Puig, acting as Agents)

Applicant:

Defendant: Kingdom of Sweden

Defendant:

Form of order sought

| — | declare that, by failing to adopt the laws, regulation and administrative provisions necessary to comply with Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 (1) on occurrence reporting in civil aviation or, in any event, by failing to notify the Commission thereof, the Kingdom of Sweden has failed to fulfil its obligations under the Directive, and |
| --- | --- |

—

declare that, by failing to adopt the laws, regulation and administrative provisions necessary to comply with Directive 2003/42/EC of the European Parliament and of the Council of 13 June 2003 (1) on occurrence reporting in civil aviation or, in any event, by failing to notify the Commission thereof, the Kingdom of Sweden has failed to fulfil its obligations under the Directive, and

1

| — | order the Kingdom of Sweden to pay the costs. |
| --- | --- |

—

order the Kingdom of Sweden to pay the costs.

Pleas in law and main arguments

The time-limit for implementing the Directive expired on 4 July 2005.

---

(1)  OJ 2003 L 167, p. 23.

1

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### [§9681. Repealed. Pub. L. 114–328, div. A, title XII, §1253(a)(1)(D), Dec. 23, 2016, 130 Stat. 2532]

Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 583; Pub. L. 96–513, title V, §514(18), Dec. 12, 1980, 94 Stat. 2936; Pub. L. 107–217, §3(b)(36), Aug. 21, 2002, 116 Stat. 1298, related to sale to States and certain foreign governments of surplus war material.
<PAGE>

                                                                    EXHIBIT 12-2

                          CENTERPOINT PROPERTIES TRUST
           COMPUTATION OF RATIO OF EARNINGS TO COMBINED FIXED CHARGES
                             AND PREFERRED DIVIDENDS
                             (DOLLARS IN THOUSANDS)

<TABLE>
<CAPTION>
                                                              YEAR ENDED DECEMBER 31,
                                                              -----------------------
                                                  1997         1996         1995         1994         1993
                                                  ----         ----         ----         ----         ----
<S>                                             <C>          <C>          <C>          <C>          <C>
Available earnings:
     Net income (loss)                          $27,260      $14,941      $ 8,212      $ 2,359      ($4,930)
     Add interest expense (1)                    10,871       10,992       12,985       12,157        4,111
                                                -------      -------      -------      -------      -------
Available earnings (loss) (2)                   $38,131      $25,933      $21,197      $14,516      ($  819)
                                                =======      =======      =======      =======      =======
Fixed Charges:
     Interest expense                           $10,871      $10,992      $12,985      $12,157      $ 4,111
     Capitalized interest                           893          142           20           63          470
     Preferred dividends                            901          947        1,002
                                                -------      -------      -------      -------      -------
Total Fixed Charges                             $12,665      $12,081      $14,007      $12,220      $ 4,581
                                                =======      =======      =======      =======      =======

Ratio of earnings to Fixed Charges (3)             3.01         2.15         1.51         1.19
                                                =======      =======      =======      =======
</TABLE>
------------------------------------
NOTES:
(1) Interest expense includes amortization of debt expense.
(2) Interest portion of rental expense is not calculated because annual
    rental expense for the Company is not significant.
(3) The ratio of earnings to fixed charges for the year ended December 31,
    1993 was less than one to one. The approximate dollar amount necessary
    to cover the deficiency in that period was $5,400.
Pension Benefit Guaranty Corporation 

80-18 

November 3, 1980 

REFERENCE: 

4047 Restoration of Plans 

OPINION: 

 This letter is written to you as representative of * * * Inc. * * *, the sponsor of the referenced plan (the Plan"). 

Pursuant to an October 31, 1979 agreement between the Pension Benefit Guaranty Corporation (the "PBGC") and

the Retirement Committee of the Plan (the "Committee"), the Plan terminated and PBGC was appointed Plan trustee.

You have requested that PBGC restore the Plan pursuant to Section 4047 of the Employee Retirement Income Security

Act of 1974 ("ERISA"), 29 U.S.C. § 1347. 

As you know, ERISA § 4047 provides that 

. . . (i)n the case of a plan which has been terminated under Section 4042 (PBGC) is authorized in any such case in

which (PBGC) determines such action to be appropriate and consistent with its duties under this title, to take such action

as may be necessary to restore the plan to its pre-termination status. 

You propose that the Plan be restored to its pre-termination status as a frozen plan. Consequently, no additional

benefits would accrue. Should the Plan continue long enough, there are three participants who could be credited with

sufficient years of service to vest in their benefit. All of [*2] the other three hundred twenty participants are fully vested.

Further, * * * has curtailed its business operations and has incurred substantial losses; its ability to maintain the Plan has

not been demonstrated. Restoration could involve the risk of a decrease in the value of Plan assets and in the

circumstances of this case, PBGC does not believe that restoration of the Plan would be appropriate. 

 In several telephone conversations in the period encompassing April to July of this year, * * * of this Office

indicated to you that your proposal was unacceptable to PBGC, but that PBGC was working to formulate a compromise

proposal. We have been unable to create an acceptable compromise proposal and have concluded that, for the reasons

stated above, the Plan's current post-termination status should continue. 

Should you have any questions, please address them to * * * of this Office, by mail at the above address or by

telephone at (202) 254-4873. 

Henry Rose 

General Counsel
§ 9409.8 Processing demands or requests. ( a ) After service of a demand or request to testify, the General Counsel will review the demand or request and, in accordance with the provisions of this part, determine whether, or under what conditions, to authorize the employee to testify on matters relating to official information and/or produce official records and information.
( b ) The Commission will process requests in the order in which they are received. Absent exigent or unusual circumstances, the Commission will respond within 45 days from the date a request is received. The time for response will depend upon the scope of the request.
( c ) The General Counsel may grant a waiver of any procedure described by this part where a waiver is considered necessary to promote a significant interest of the Commission or the United States or for other good cause.
<PAGE>
                                                               Exhibit 99.1
                          Annual Servicer's Certificate

                   NationsBank of Delaware, N.A. NationsBank

                             Credit Card Master Trust

          The undersigned, a duly authorized representative of NationsBank of
     Delaware, N.A. ("NationsBank"), as Servicer pursuant to the Master Pooling
     and Servicing Agreement dated as of December 1, 1993, as amended June 4,
     1996, (the "Pooling and Servicing Agreement") between NationsBank, as
     Transferor and Servicer, and The Bank of New York, as Trustee, does hereby
     certify that:

1.   Capitalized terms used in this Officer's Certificate have their respective
     meanings set forth in the Pooling and Servicing Agreement.

2.   NationsBank is as of the date hereof the Servicer under the Pooling and
     Servicing Agreement.

3.   The undersigned is duly authorized pursuant to the Pooling and Servicing
     Agreement to execute and deliver this Officer's Certificate to the Trustee.
                                    
4.   The certificate is delivered pursuant to Section 3.5 of the Pooling and
     Servicing Agreement.

5.   A review of the activities of the Servicer during the during the calendar
     year ended December 31, 1996, and of its performance under the Pooling and
     Servicing Agreement was made under my supervision.
  
6.   Based on such review, to the best of the undersigned's knowledge, the
     Servicer has fully performed all its obligations under the Pooling and
     Servicing Agreement throughout such calendar year and no event which, with
     the giving of notice or passage of time or both, would constitute a
     Servicer Default has occurred or is continuing except as set forth in
     paragraph 7 below.
  
7.   The following is a description of each Servicer Default under the
     provisions of the Pooling and Servicing Agreement known to me to have been
     made during the calendar year ended December 31, 1996, which sets forth in
     detail the (i) nature of each such Servicer Default, (ii) the action taken
     by the Servicer, if any, to remedy each such Servicer Default and (iii) the
     current status of each such Servicer Default:  None.
  
IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the Servicer,
has duly executed this Certificate this 20th day of March, 1997.



                         By:  /s/  Leslie J. Fitzpatrick
                              --------------------------
                              Leslie J. Fitzpatrick
                              Senior Vice President
TRANSFER
TECHNOLOGY INTERNATIONAL CORP.




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 Transfer Technology International Corp.
(the “Company”) on Form 10-Q for the period ending June 30, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Chris Trina, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:




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





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




/s/
      Chris TrinaChris
      TrinaChief
      Executive OfficerAugust
      18, 2009




A signed
original of this written statement required by Section 906 has been
provided to Transfer Technology International Corp. and will be retained by
Transfer Technology International Corp. and furnished to the Securities and
Exchange Commission or its staff upon request.
**Exhibit 32.1****CERTIFICATION PURSUANT TO****SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**I, Manuel D. Medina, hereby certify, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:     (1) The accompanying annual report on Form 10-K/A forthe fiscal year ended March 31, 2005 fully complies withthe requirements of Section 13(a) or Section 15(d) ofthe Securities Exchange Act of 1934, as amended; and     (2) The information contained in such report fairlypresents, in all material respects, the financial condition andresults of operations of Terremark Worldwide, Inc.     /s/ Manuel D. Medina           Manuel D. Medina *Chairman of the Board* *President and Chief Executive Officer* *(Chief Executive Officer)*Date: August 16, 2005
§ 108.10 Outer premises and stables. ( a ) The outer premises of licensed establishments, embracing docks, driveways, approaches, yards, pens, chutes, and alleys shall be drained properly and kept in a clean and orderly condition. No nuisance shall be allowed in any licensed establishment or on its premises.
( b ) Stables or other premises for animals used in the production or testing of biological products at licensed establishments shall be properly ventilated and lighted, appropriately drained and guttered, and kept in sanitary condition.
( c ) Every practical precaution shall be taken to keep licensed establishments free of flies, rats, mice, and other vermin. The accumulation, on the premises of an establishment, of any material in which flies or other vermin may breed is forbidden. Suitable arrangements, in keeping with the local health practices, shall be made for the disposal of all refuse.
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 Quarterly Report on Form 10-Q of FairPoint Communications, Inc. (the "Company") for
the quarter ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Alfred C. Giammarino, Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



/s/ ALFRED C. GIAMMARINOAlfred C. Giammarino Chief Financial OfficerMay 5, 2009


A
signed original of this written statement required by Section 906 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.

---



QuickLinks
### [§403. Repealed. Pub. L. 104–106, div. A, title X, §1061(g)(1), Feb. 10, 1996, 110 Stat. 443]

Section, added Pub. L. 102–484, div. A, title XIII, §1342(c)(1), Oct. 23, 1992, 106 Stat. 2557; amended Pub. L. 103–160, div. A, title XV, §1501(b), (c), Nov. 30, 1993, 107 Stat. 1836, related to international peacekeeping activities.