alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
August 2003 CVC Water Delivery Records

Preliminary Data - Subject to Change

Green indicates Actual Delivery Data

Red indicates Scheduled Data Blue indicates Actual Data Deliveries on Behalf of CVC Contractors (75% Allocation)

Aug 

2003 

Scheduled 

CVC 

Water 

Pumped 

@ Banks 

AF

Scheduled 

Article 55 

Water 

Pumped 

@ Banks 

AF

Scheduled 

CVC 

Water 

Pumped 

@ Tracy 

AF

Actual 

CVC 

Water 

Pumped 

@ Banks 

AF

Actual 

Article 55 

Water 

Pumped 

@ Banks 

AF

Actual 

CVC 

Water 

Pumped 

@ Tracy 

AF

Actual 

CVC 

Water 

Pumped 

@ Dos 

Amigos for 

Delivery 

AF

3% Loss 

Between 

Banks and 

O'Neill 

Based on 

Actual 

Pumping

8/1/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF No CVC Deliveries were made in Aug 2003

8/2/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/3/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/4/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/5/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/6/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/7/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/8/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/9/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/10/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/11/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/12/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/13/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/14/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/15/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/16/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/17/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/18/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/19/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/20/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/21/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/22/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/23/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/24/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/25/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/26/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/27/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/28/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/29/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/30/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

8/31/2003 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

Aug Total 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF 0 AF

Note:

h:\data\public\~water\~smith\CVC\2003\2003 CVC Deliveries.xls 9/4/2003 11:14 AM
Exhibit 32 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 Reflect Scientific, Inc. (the Company) on Form 10-Q for the period ending September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), We, Kim Boyce, our Chief Executive Officer and director and Keith Merrell, our Chief Financial Officer, 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) 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.  Dated: 11/16/2009                             /s/Kim Boyce Kim Boyce Chief Executive Officer and Director   Dated: 11/16/2009                            /s/Keith Merrell Keith Merrell Chief Financial Officer
§ 233.4 Preinspection outside the United States. ( a ) *Form I-425 agreements.* A transportation line bringing applicants for admission to the United States through preinspection sites outside the United States shall enter into an agreement on Form I-425. Such an agreement shall be negotiated directly by the Service's Headquarters Office of Inspections and the head office of the transportation line.
( b ) *Signatory lines.* A list of transportation lines with currently valid transportation agreements on Form I-425 is maintained by the Service's Headquarters Office of Inspections and is available upon written request.
[62 FR 10353, Mar. 6, 1997]
UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

May 21, 2021

In the Matter of

FreeSeas Inc.,

File No. 500-1

ORDER OF SUSPENSION OF

TRADING

It appears to the Securities and Exchange Commission (“Commission”) that there is a 

lack of current and accurate information concerning the securities of FreeSeas Inc. (“FREEF1”) 

(CIK No. 1325159), an annulled Marshalls Island corporation located in Athens, Greece with a 

class of securities registered with the Commission pursuant to Securities Exchange Act of 1934 

("Exchange Act") Section 12(g) because it is delinquent in its periodic filings with the 

Commission, having not filed any periodic reports since it filed a Form 20-F for the period ended 

December 31, 2017. On August 24, 2020, the Commission’s Division of Corporation Finance 

(“Corporation Finance”) sent a delinquency letter to FREEF requesting compliance with its 

periodic filing requirements, but FREEF did not receive the delinquency letter due to its failure 

to maintain a valid address on file with the Commission as required by Commission rules (Rule 

301 of Regulation S-T, 17 C.F.R. Section 232.301 and Section 5.4 of EDGAR Filer Manual). As 

of April 13, 2021, the common stock of FREEF was quoted on OTC Link operated by OTC 

Markets Group Inc. (formerly “Pink Sheets”) (“OTC Link”), had six market makers, and was

eligible for the “piggyback” exception of Exchange Act Rule 15c2-11(f)(3). 

 

1 The short form of each issuer’s name is also its stock symbol.
2

The Commission is of the opinion that the public interest and the protection of investors 

require a suspension of trading in the securities of the above-listed company. Therefore, it is 

ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the 

securities of the above-listed company is suspended for the period from 9:30 a.m. EDT on May 

24, 2021, through 11:59 p.m. EDT on June 7, 2021.

For the Commission, by the Division of Enforcement, pursuant to delegated authority.

Vanessa A. Countryman

Secretary
#### § 303.9 Day.

*Day* means calendar day, unless otherwise indicated.

(Authority: 20 U.S.C. 1221e-3)
#### § 772.1 Purpose.

To provide procedures for noise studies and noise abatement measures to help protect the public's health, welfare and livability, to supply noise abatement criteria, and to establish requirements for information to be given to local officials for use in the planning and design of highways approved pursuant to title 23 U.S.C.
### §760g. Authorization of appropriations for migratory game fish study

There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of sections 760e to 760g of this title: Provided, That no more than $2,700,000 be appropriated for this purpose in any one fiscal year.

(Pub. L. 86–359, §3, Sept. 22, 1959, 73 Stat. 643.)
### §541h. Cooperation with State of Oregon in administration and protection of lands; civil and criminal jurisdiction; power of taxation

The Secretary shall cooperate with the State of Oregon and political subdivisions thereof in the administration of the Area and in the administration and protection of lands within and adjacent to the Area owned or controlled by the State or political subdivisions thereof. Nothing in this subchapter shall deprive the State of Oregon or any political subdivision thereof of its right to exercise civil and criminal jurisdiction within the Area consistent with the provisions of this subchapter, or of its right to tax persons, corporations, franchises or other non-Federal property, in or on the lands or waters within the Area.

(Pub. L. 93–535, §9, Dec. 22, 1974, 88 Stat. 1734.)
Dennis F. Dunne, Esq. (admitted pro hac vice) Michael A. Condyles, Esq. (VA 27807) 

Evan R. Fleck, Esq. (admitted pro hac vice) Peter J. Barrett, Esq. (VA 46179) 

Michael W. Price, Esq. (admitted pro hac vice) Jeremy S. Williams, Esq. (VA 77469) 

MILBANK LLP Brian H. Richardson, Esq. (VA 92477) 

55 Hudson Yards KUTAK ROCK LLP 

New York, New York 10001 901 East Byrd Street, Suite 1000 

Telephone: (212) 530-5000 Richmond, Virginia 23219-4071 

Facsimile: (212) 530-5219 Telephone: (804) 644-1700 

Facsimile: (804) 783-6192 

Co-Counsel for Debtors in Possession

IN THE UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

) 

In re: ) Chapter 11 

) 

GYMBOREE GROUP, INC., et al.,1) Case No. 19-30258 (KLP) 

) 

Debtors. ) (Jointly Administered) 

) 

) 

NOTICE OF CLOSING DATE OF J&J SALE 

WHEREAS on March 4, 2019 the Bankruptcy Court entered the Order (I) Approving the 

Sale of Certain J&J Assets Free and Clear of Liens, Claims, Interests and Encumbrances and (II) 

Approving the Assumption and Assignment of Executory Contracts and Unexpired Leases in 

Connection Therewith; and (III) Granting Related Relief [Docket No. 484] which approved the 

Sale of the JJ Assets pursuant to the Purchase Agreement: 

PLEASE TAKE NOTICE that the Closing Date (as defined in the Purchase Agreement) 

occurred on March 4, 2019. 

 

 

1

 The Debtors in these cases, along with the last four digits of each Debtor’s federal tax identification number, 

are: Gymboree Group, Inc. (6587); Gymboree Intermediate Corporation (1473); Gymboree Holding 

Corporation (0315); Gymboree Wholesale, Inc. (6588); Gym-Mark, Inc. (6459); Gymboree Operations, Inc. 

(6463); Gymboree Distribution, Inc. (8669); Gymboree Manufacturing, Inc. (6464); Gymboree Retail Stores, 

LLC (6461); Gym-Card, LLC (5720); and Gymboree Island, LLC (1215). The Debtors’ service address is 

71 Stevenson Street, Suite 2200, San Francisco, California 94105. 

Case 19-30258-KLP Doc 494 Filed 03/05/19 Entered 03/05/19 12:55:01 Desc Main

 Document Page 1 of 2
 2 

Dated: March 5, 2019 /s/ Brian H. Richardson 

Richmond, Virginia Michael A. Condyles, Esq. (VA 27807) 

Peter J. Barrett, Esq. (VA 46179) 

Jeremy S. Williams, Esq. (VA 77469) 

Brian H. Richardson, Esq. (VA 92477) 

KUTAK ROCK LLP 

901 East Byrd Street, Suite 1000

Richmond, Virginia 23219-4071 

Telephone: (804) 644-1700 

Facsimile: (804) 783-6192 

 Email: Michael.Condyles@KutakRock.com 

 Peter.Barrett@KutakRock.com 

 Jeremy.Williams@KutakRock.com 

 Brian.Richardson@KutakRock.com 

-andDennis F. Dunne, Esq. (admitted pro hac vice) 

Evan R. Fleck, Esq. (admitted pro hac vice) 

Michael W. Price, Esq. (admitted pro hac vice) 

MILBANK LLP

55 Hudson Yards

New York, New York 10001 

Telephone: (212) 530-5000 

Facsimile: (212) 530-5219 

 Email: ddunne@milbank.com 

 efleck@milbank.com 

 mprice@milbank.com 

Co-Counsel for Debtors in Possession 

Case 19-30258-KLP Doc 494 Filed 03/05/19 Entered 03/05/19 12:55:01 Desc Main

 Document Page 2 of 2
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6919

LEONARD EARL WINSTON,

Petitioner - Appellant,

versus

J. J. HAYES, Superintendent,

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Malcolm J. Howard, District

Judge. (CA-96-317-5-H)

Submitted: September 5, 1996 Decided: September 17, 1996

Before WIDENER and WILKINS, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Dismissed by unpublished per curiam opinion.

Leonard Earl Winston, Appellant Pro Se.

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 dismissing as frivolous his petition filed under 28 U.S.C. § 2254 (1988),

amended by Antiterrorism and Effective Death Penalty Act of 1996,

Pub. L. No. 104-132, 110 Stat. 1214. 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. Winston v. Hayes,

No. CA-96-317-5-H (E.D.N.C. June 6, 1996). 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
### §582a–5. Apportionments, advice, criteria, etc.

Apportionments among participating States shall be determined by the Secretary after consultation with the council appointed under section 582a–4 of this title. In making such apportionments, consideration shall be given to pertinent factors including non-Federal expenditures for forestry research by State-certified eligible institutions, areas of non-Federal commercial forest land, and the volume of timber cut annually. Three per centum of such funds as may be appropriated shall be made available to the Secretary for administration of this subchapter. These administrative funds may be used for transportation of scientists who are not officers or employees of the United States to research meetings convened for purposes of assessing research opportunities or research planning.

(Pub. L. 87–788, §6, Oct. 10, 1962, 76 Stat. 807; Pub. L. 97–98, title XIV, §1441(c), Dec. 22, 1981, 95 Stat. 1320.)

#### **Editorial Notes**

#### Amendments

1981—Pub. L. 97–98 substituted provisions directing the Secretary to make apportionments among participating States only after consultation with the council appointed under section 582a–4 of this title, enumerating the factors to be considered in making apportionments, and authorizing the expenditure of funds to transport scientists to research meetings for provisions which had authorized the Secretary to prescribe necessary rules and regulations, to furnish necessary advice and assistance, and to appoint an advisory committee. See section 582a–4 of this title.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1981 Amendment

Amendment by Pub. L. 97–98 effective Dec. 22, 1981, see section 1801 of Pub. L. 97–98, set out as an Effective Date note under section 4301 of Title 7, Agriculture.
Holobeam, Inc.
Form 10K/A NO. 1
September 30, 2006
Exhibit B
Certification


        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 of Holobeam, Inc. (The
Registrant) on Form 10K/A NO. 1 for the fiscal year ended September 30,
2006 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Melvin S. Cook, certify pursuant to 18
U.S.C., Sec. 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) or 15(d) of the Securities Exchange Act of 1934; and


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





/s/ Melvin S. Cook
------------------
MELVIN S. COOK
CHAIRMAN AND PRESIDENT
October 9, 2007





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.





<PAGE>
Holobeam, Inc.
Form 10K/A NO. 1
September 30, 2006
Exhibit B
Certification


        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 of Holobeam, Inc. (The
Registrant) on Form 10K/A NO. 1 for the fiscal year ended September 30,
2006 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Ralph A. Fredericks, Treasurer of the
Registrant, certify pursuant to 18 U.S.C., Sec. 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) or 15(d) of the Securities Exchange Act of 1934; and


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




/s/ Ralph A. Fredericks
-----------------------
RALPH A. FREDERICKS
TREASURER
October 9, 2007







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.





<PAGE>
#### § 233.6 Aliens entering Guam or the Commonwealth of the Northern Mariana Islands pursuant to Title VII of Public Law 110-229, “Consolidated Natural Resources Act of 2008.”

###### Cross Reference

Link to an amendment published at 89 FR 3331, Jan. 18, 2024.

A transportation line bringing aliens to Guam or the Commonwealth of the Northern Mariana Islands under the visa waiver provisions of § 212.1(q) of this chapter must enter into an agreement on CBP Form I-760. Such agreements must be negotiated directly by Customs and Border Protection and head offices of the transportation lines.

[74 FR 2836, Jan. 16, 2009]
# Official Journal C 275/2016

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 275 |
| | |
| English edition | Information and Notices | Volume 5928 July 2016 |

ISSN 1977-091X

Official Journal

of the European Union

C 275

English edition

Information and Notices

Volume 5928 July 2016

---

| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 275/01 | Non-opposition to a notified concentration (Case M.8069 — RCL Holdings Cooperatief/Springwater Capital/Royal Holdings de España) (
  1
  ) | 1 |
| 2016/C 275/02 | Non-opposition to a notified concentration (Case M.8086 — Sumitomo/WW Grainger/PT Sumisho E-Commerce Indonesia JV) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 275/01

Non-opposition to a notified concentration (Case M.8069 — RCL Holdings Cooperatief/Springwater Capital/Royal Holdings de España) (
  1
  )

1

1

2016/C 275/02

Non-opposition to a notified concentration (Case M.8086 — Sumitomo/WW Grainger/PT Sumisho E-Commerce Indonesia JV) (
  1
  )

1

1

---

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2016/C 275/03 | Euro exchange rates | 2 |
| 2016/C 275/04 | Commission Notice on the EU Code of good labelling practice for compound feed for food producing animals | 3 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2016/C 275/03

Euro exchange rates

2

2016/C 275/04

Commission Notice on the EU Code of good labelling practice for compound feed for food producing animals

3

---

| | V   Announcements |
| --- | --- |
| | ADMINISTRATIVE PROCEDURES |
| | European Commission |
| 2016/C 275/05 | ESPON EGTC — Invitation for stakeholders to submit proposals for targeted analyses | 4 |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY |
| | European Commission |
| 2016/C 275/06 | Prior notification of a concentration (Case M.8112 — Japan Tunnel Systems Corporation/Mitsubishi Heavy Industries/JV) — Candidate case for simplified procedure (
  1
  ) | 5 |

V   Announcements

ADMINISTRATIVE PROCEDURES

European Commission

2016/C 275/05

ESPON EGTC — Invitation for stakeholders to submit proposals for targeted analyses

4

PROCEDURES RELATING TO THE IMPLEMENTATION OF COMPETITION POLICY

European Commission

2016/C 275/06

Prior notification of a concentration (Case M.8112 — Japan Tunnel Systems Corporation/Mitsubishi Heavy Industries/JV) — Candidate case for simplified procedure (
  1
  )

1

5

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance |

---

(1)   Text with EEA relevance

1

| EN | |
| --- | --- |

EN
#### UNITED STATES of America, Plaintiff-Appellee, v. Edward Harold SAUNDERS, Jr., Defendant-Appellant.

No. 02-6283.

United States Court of Appeals, Fourth Circuit.

Submitted April 25, 2002.

Decided May 8, 2002.

Edward Harold Saunders, Jr., Appellant Pro Se. Robert Jack Higdon, Jr., Office of the United States Attorney, Charlotte, North Carolina, for Appellee.

Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Dismissed in part and affirmed in part by unpublished PER CURIAM opinion.

PER CURIAM.

Edward Harold Saunders, Jr., seeks to appeal the district court’s orders denying relief on his motion to dismiss the indictment under Fed.R.Crim.P. 12(b)(2), and his motion for reconsideration. We dismiss in part and affirm in part.

In criminal cases, the defendant is accorded ten days after entry of the district court’s final judgment or order to note an appeal, *see*Fed. R.App. P. 4(b)(1)(A), unless the district court extends the appeal period under Fed. R.App. P. 4(b)(4). This appeal period is “mandatory and jurisdictional.” *United States v. Raynor,*939 F.2d 191, 196 (4th Cir.1991).

The district court’s order denying Rule 12(b)(2) relief was filed on July 9, 2001, and entered on the docket on July 17, 2001. Saunders filed his notice of appeal on February 1, 2002. Because Saunders failed to file a timely notice of appeal or obtain an extension of the appeal period, we lack jurisdiction to review the district court’s order denying his motion to dismiss the indictment. We therefore dismiss this portion of the appeal.

With regard to the denial of the motion for reconsideration, we have reviewed the *107record, the district court’s order, and Saunders’ informal brief filed in this court. Because Saunders failed to challenge on appeal the district court’s disposition of the motion for reconsideration, he has waived appellate review of that order. 4th Cir. R. 34(b). We therefore affirm this portion of the appeal on the reasoning of the district court. *United States v. Saunders,*No. CR-94-17 (W.D.N.C. filed Jan. 25, 2002 & entered Jan. 30, 2002). 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 IN PART; AFFIRMED IN PART.*
§ 1210.5 Certification requirements. ( a ) Until a State has been determined to be in compliance with the requirements of 23 U.S.C. 161, to avoid the withholding of funds in any fiscal year, beginning with FY 1999, the State shall certify to the Secretary of Transportation, before the last day of the previous fiscal year, that it meets the requirements of 23 U.S.C. 161, and this part.
( b ) The certification shall contain: ( 1 ) A copy of the State zero tolerance law, regulation, or binding policy directive implementing or interpreting such law or regulation, that conforms to 23 U.S.C. 161 and § 1210.4(c); and
( 2 ) A statement by an appropriate State official, that the State has enacted and is enforcing a conforming zero tolerance law. The certifying statement shall be worded as follows: I, (Name of certifying official), (position title), of the (State or Commonwealth) of ________, do hereby certify that the (State or Commonwealth) of ________, has enacted and is enforcing a zero tolerance law that conforms to the requirements of 23 U.S.C. 161 and 23 CFR 1210.4(c).
( c ) An original and four copies of the certification shall be submitted to the appropriate NHTSA Regional Administrator. Each Regional Administrator will forward the certifications he or she receives to appropriate NHTSA and FHWA offices.
( d ) Once a State has been determined to be in compliance with the requirements of 23 U.S.C. 161, it is not required to submit additional certifications, except that the State shall promptly submit an amendment or supplement to its certification provided under paragraphs (a) and (b) of this section if the State's zero tolerance legislation changes.
#### Roy Van DeWater, Respondent, v. Carl Frey et al., Appellants.

Present — Cunningham, • Taylor, Dowling, Harris and MeCurn, JJ.