alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SERVED: June 8, 2016 

U.S. DEPARTMENT OF TRANSPORTATION~, 

In The Matter Of: 

OFFICE OF HEARINGS 

WASHINGTON, DC . -- c; 

Docket No. F AA-20 16-4269 

VAN AIR MANUFACTURING, INC. 

) 

) 

) 

) 

) 

Case No. 2014-GL-70-0045 

Respondent 

ORDER GRANTING MOTIONS AND ACCEPTING 

AMENDED COMPLAINT AND ANSWER TO AMENDED COMPLAINT 

On April 28, 2016, an Order Directing the Parties to Confer and File an Agreed Briefing 

Schedule on the Respondent's Motion to Dismiss was filed. 

On May 4, 2016 the FAA filed an Ammended [ic] Complaint, with a May 4, 2016 one ( 1) 

page Request for Leave to File the Amended Complaint. 

On May 13, 2016 the Respondent, Vanair Manufacturing, Inc., filed both an Unopposed 

Motion to Voluntarily Dismiss Third Affirmative Defense, and an Answer and Affirmative 

Defenses to the Amended Complaint. 

· Pursuant to 14 C.P.R.§§ 13.205 and 13.214, and having reviewed the case file, all 

pleadings and motions, all relevant caselaw, statutes, regulations, rules, and authority, and being 

fully advised; 

IT IS HEREBY ORDERED: 

1. .The FAA's May 4, 2016 Request for Leave to File the Amended Complaint is granted. 

2. The FAA's Amended Complaint is accepted. 

3. The Respondent's May 13,2016 Unopposed Motion to Voluntarily Dismiss Third· 

Affirmative Defense is granted. 
4. The Respondent's May 13, 2016 Answer and Affirmative Defenses to the Amended 

Complaint is accepted. 

5. A separate Order will issue shortly, scheduling a Rule 16 Conference. 

6. For any questions about this procedures contained in this Order, contact Mrs. Rachael 

Brown, Judicial Assistant at the Office of Hearings (202-366-2132). 

Attachment: Service List 

Page 2 of 2 
Docket No. FAA-2016-4269 

(Civil Penalty Action) 

SERVICE LIST~ BY U.S. MAIL 

ORIGINAL & ONE COPY 

'Federal Aviation Administration 

800 Independence A venue, S. W. 

Washington, DC 20591 · 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Ms. Kate Barber 

Complainant's Counsel 

Enforcement Division, Midwest Teram 

Federal Aviation Administration 

2300 East Devon A venue 

Des Plaines, IL 6060 1 

TEL: 847-294-7862 

FAX: 847-294-7498 

Mr. JohnS. Hoff 

Mr. Jared A. Schneider 

Respondent's Counsel 

ONE COPY 

Cremer, Spina, Shaughnessy, Jansen & Siegert, LLC 

One North Franklin Street, 1oth Floor 

Chicago, IL 60606 

TEL: 312-726-3800 

FAX: 312-726-3818 

Judge J :E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 · 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (EI1~310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7 536 

1 Service was by U.S. Mail. For service in person or by expedited courier, usethe following address: Federal 

Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building-Suite 2W I 000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
§ 352.2 Scope, purpose and applicability. ( a ) This part applies whenever State or local governments, either individually or together, decline or fail to prepare commercial nuclear power plant offsite radiological emergency preparedness plans that are sufficient to satisfy NRC licensing requirements or to participate adequately in the preparation, demonstration, testing, exercise, or use of such plans. In order to request the assistance provided for in this part, an affected nuclear power plant applicant or licensee shall certify in writing to FEMA that the above situation exists.
( b ) The purposes of this part are as follows: ( 1 ) To establish policies and procedures for the submission of a licensee certification for Federal assistance under Executive Order 12657;
( 2 ) set forth policies and procedures for FEMA's determination to accept, accept with modification, or reject the licensee certification;
( 3 ) establish a framework for providing Federal assistance to licensees; and
( 4 ) provide procedures for the review and evaluation of the adequacy of offsite radiological emergency planning and preparedness. Findings and determinations on offsite planning and preparedness made under this part are provided to the NRC for its use in the licensing process.
( c ) This part applies only in instances where Executive Order 12657 is used by a licensee and its provisions do not affect the validity of the emergency preparedness developed by the licensee independent of or prior to Executive Order 12657.
### SUBCHAPTER III—SERGEANT AT ARMS AND DOORKEEPER OF SENATE
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 98-39 FOR IMMEDIATE RELEASE

(Tuesday, March 17, 1998)

NOTE TO EDITORS:

The Nuclear Regulatory Commission has received three reports

from its Advisory Committee on Reactor Safeguards following the

committee’s 448th and 449th meetings in February and March. The

reports, in the form of letters, provide comments on:

-- Risk-ranking approach for motor-operated valves.

-- Proposed improvements to the senior management meeting

process.

-- Proposed final standard review plan sections and

regulatory guides for risk-informed, performance-based

regulation for inservice testing, graded quality assurance, and

technical specifications.

Copies of the reports are available through the NRC's Office

of Public Affairs, the NRC's Internet Homepage

(http://www.nrc.gov/ACRSACNW) and the Public Document Room in

Washington, D.C. To access the letters on the NRC Internet

Homepage use the "search" function to look for "448th" and

"449th.".

##
§ 49.600 How is “scientific value” determined for criminal and civil penalties? In determining a criminal or civil penalty, the scientific value of a paleontological resource will be based on the value of the scientific and educational information associated with the resource. This value is the estimated costs of obtaining the scientific and educational information from the disturbed paleontological resource or site if the prohibited act had not occurred. These costs may include, but are not limited to: ( a ) Research design development;
( b ) Fieldwork;
( c ) Preparation of the paleontological specimen;
( d ) Stabilization of the paleontological site;
( e ) Scientific analysis;
( f ) Curation;
( g ) Preparation and production of reports or educational materials; and
( h ) Lost visitor services or experience.
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.537 Accessories, spare parts, or tools. Accessories, spare parts, or tools that are delivered with a good and that form part of the good's standard accessories, spare parts, or tools will be treated as originating goods if the good is an originating good, and will be disregarded in determining whether all the non-originating materials used in the production of the good undergo an applicable change in tariff classification specified in General Note 25(o), HTSUS, provided that: ( a ) The accessories, spare parts, or tools are not invoiced separately from the good;
( b ) The quantities and value of the accessories, spare parts, or tools are customary for the good; and
( c ) If the good is subject to a regional value content requirement, the value of the accessories, spare parts, or tools will be taken into account as originating or non-originating materials, as the case may be, in calculating the regional value content of the good under § 10.535 of this subpart.
#### § 80.15 General.

A project involving property acquisition or the relocation of structures for open space must be implemented consistent with the requirements set forth in this subpart.
# Europos Sąjungos C 297A/2005

| | ISSN 1725-521X |
| --- | --- |
| Europos Sąjungos
  oficialusis leidinys | C 297A |
| | |
| Leidimas lietuvių kalba | Informacija ir prane_imai | 48 tomas2005m. lapkričio 29d. |

ISSN 1725-521X

Europos Sąjungos

oficialusis leidinys

C 297A

Leidimas lietuvių kalba

Informacija ir prane_imai

48 tomas2005m. lapkričio 29d.

---

| Prane_imo Nr. | Turinys | Puslapis |
| --- | --- | --- |
| | III   Pranešimai |
| | Komisija |
| 2005/C 297A/1 | Pranešimas apie konkursą Bendrijos augalų veislių tarnybos pirmininko pareigoms užimti (A*14 kategorija) (Pareigūnų tarnybos nuostatų 29 straipsnio 2 dalis) — KOM/2005/10015 | 1 |

Prane_imo Nr.

Turinys

Puslapis

III   Pranešimai

Komisija

2005/C 297A/1

Pranešimas apie konkursą Bendrijos augalų veislių tarnybos pirmininko pareigoms užimti (A*14 kategorija) (Pareigūnų tarnybos nuostatų 29 straipsnio 2 dalis) — KOM/2005/10015

1

| LT | |
| --- | --- |

LT

---

III Pranešimai

Komisija

| 29.11.2005 | LT | Europos Sąjungos oficialusis leidinys | CA 297/1 |
| --- | --- | --- | --- |

29.11.2005

LT

Europos Sąjungos oficialusis leidinys

CA 297/1

---

PRANEŠIMAS APIE KONKURSĄ BENDRIJOS AUGALŲ VEISLIŲ TARNYBOS PIRMININKO PAREIGOMS UŽIMTI

(A*14 kategorija)

(Pareigūnų tarnybos nuostatų 29 straipsnio 2 dalis)

KOM/2005/10015

(2005/C 297 A/01)

Bendrijos augalų veislių tarnyba skelbia konkursą šios tarnybos pirmininko pareigoms užimti.

Kandidatai privalo turėti vienos iš Europos Sąjungos valstybių narių pilietybę.

Pirmininką skiria Taryba iš kandidatų sąrašo, kurį siūlo Komisija, gavusi Tarnybos Administracinės tarybos nuomonę. Darbo užmokestis ir įdarbinimo sąlygos A*14 kategorijos Europos Bendrijų pareigūnams yra pateiktos Pareigūnų tarnybos nuostatuose. Bendrijos augalų veislių tarnyba ir Komisija vykdo lygių galimybių politiką.

Pareigybės aprašymą, paraiškos formas ir paraiškos pateikimo taisykles galite parsisiųsti iš interneto šiuo adresu:

http://europa.eu.int/comm/dgs/personnel_administration/working_senior_mgt_en.htm

arba

http://europa.eu.int/comm/food/plant/propertyrights/index_en.htm

Galutinė paraiškų priėmimo data – 2005 m. gruodžio 31 d. (žr. paraiškos pateikimo taisykles).

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6305

LEROY A. MOSES, a/k/a Jawad Amir Musa,

Petitioner - Appellant,

versus

MICHAEL V. PUGH, Warden, of U.S.P. Allenwood,

Respondent - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. William D. Quarles, Jr., District Judge.

(CA-03-3585)

Submitted: May 13, 2004 Decided: May 19, 2004

Before WILKINSON, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Leroy A. Moses, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Leroy A. Moses seeks to appeal the district court’s order

denying relief on his petition filed under 28 U.S.C. § 2254 (2000).

An appeal may not be taken from the final order in a § 2254

proceeding unless a circuit justice or judge issues a certificate

of appealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of

appealability will not issue absent “a substantial showing of the

denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000).

A prisoner satisfies this standard by demonstrating that reasonable

jurists would find that his constitutional claims are debatable and

that any dispositive procedural rulings by the district court are

also debatable or wrong. See Miller-El v. Cockrell, 537 U.S. 322,

336 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000); Rose v.

Lee, 252 F.3d 676, 683 (4th Cir. 2001). We have independently

reviewed the record and conclude that Moses has not made the

requisite showing.

Accordingly, we deny a certificate of appealability and

dismiss the appeal. 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
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 99-167 FOR IMMEDIATE RELEASE

(August 6, 1999)

NRC TO HOLD PUBLIC WORKSHOP ON REACTOR SAFETY CHAPTER

OF ITS STRATEGIC PLAN ON AUGUST 20

The Nuclear Regulatory Commission will hold a meeting in Rockville, Maryland, on

August 20 to give the public an opportunity to ask questions and comment on the nuclear

reactor safety chapter of the agency’s Strategic Plan. The meeting had originally been

scheduled for August 10.

The meeting will be held from 9 a.m. to 1:00 p.m. in the Commissioners’ Conference

Room in the agency’s One White Flint North Building at 11555 Rockville Pike.

The Strategic Plan contains goals to carry out NRC's mission, and strategies to meet

those goals. It serves as a comprehensive blueprint for the agency's program and budget

planning and a guide to daily management and decision-making. The NRC’s first Strategic Plan

was issued in September 1997.

Since then, the NRC has adopted processes that focus on becoming more

performance-based and outcome-oriented. The nuclear reactor safety chapter reflects this

approach to long-range planning as well as institutionalizing regulatory reforms initiated during

the last 18 months. It contains new performance goals and measures and addresses issues

raised during the NRC’s July 30, 1998, Congressional hearing; the July 17, 1998, Commission

meeting with members of the public and stakeholders who would be most affected by NRC

decisions; and the Chairman’s August 17, 1998 tasking memo. While the NRC recognizes that

more work is needed, at this point it believes the draft nuclear reactor safety chapter will benefit

from stakeholder suggestions.

The NRC is looking for comments pertaining to the following four issues:

ˇ Do goals address appropriate areas?

ˇ Are the strategies to achieve the goals adequate?

ˇ Will performance measures indicate whether we are achieving our goals?

ˇ Do goals and strategies reflect NRC’s commitment to institutionalize change and

become more performance-based?

Additional details will be available in an upcoming edition of the Federal Register.

Those interested in participating in the meeting should contact James Blaha at (301) 415-1703.
The draft strategic plan and a forum for submitting comments electronically are available on the

NRC web site at: http://www.nrc.gov/NRC/COMMISSION/INITIATIVES/199/index.html

All written comments should be submitted by August 27 to Debra J. Corley at the U.S. Nuclear

Regulatory Commission, Mail Stop: O-16E15, Washington, D.C. 20555-0001.

##
Memorandum to File 

Subject: Communication with San Carlos Apache Tribe Regarding Designation of Hayden, Arizona to 

Nonattainment for the Lead NAAQS 

From: Colleen McKaughan, Associate Director, Air Division 

To: File 

Date: June 11, 2013 

Summary: Colleen McKaughan called Loretta Stone, Environmental Director for the San Carlos Apache, 

on Tuesday, June 11, 2013, to inform her that EPA Region 9 was planning to send a letter to Governor 

Jan Brewer initiating the redesignation process for Hayden, Arizona, for the lead NAAQS. This was the 

second call to Ms. Stone on this topic. Ms. McKaughan had also called Ms. Stone several weeks ago to 

alert her to this action. 

Ms. McKaughan left a voicemail both times letting Ms. Stone know that EPA plans to redesignate the 

Hayden, Arizona, area to nonattainment for the lead NAAQS. Ms. McKaughan informed Ms. Stone that 

the tribal lands were not impacted by this action because they are outside of the potential 

nonattainment area. However, because the San Carlos Apache reservation is adjacent to the proposed 

nonattainment area, we wanted the Tribe to be aware of this action so they could participate in the 

redesignation process and/or the SIP process if they chose to do so.
#### § 352.28 Reimbursement.

In accordance with Executive Order 12657, Section 6(d), and to the extent permitted by law, FEMA will coordinate full reimbursement, either jointly or severally, to the agencies performing services or furnishing resources, from any affected licensee and from any affected nonparticipating or inadequately participating State or local government.
Third Department,

May, 1948.

(May 5, 1948.)

#### Guaranty Trust Company of New York, Respondent, v. State of New York, Appellant.

(Claim No. 27969.)

Hill, P. J., Heffernan and Russell, JJ., concur; Brewster and Deyo, JJ., dissent upon the ground that the decision and judgment of this court upon the former appeal (271 App. Div. 711) did not mandate the final judgment now appealed from within the purview of section 590 of the Civil Practice Act. [191 Misc. 259.]
### §654. Arbitration

(a) Referral of Actions to Arbitration.—Notwithstanding any provision of law to the contrary and except as provided in subsections (a), (b), and (c) of section 652 and subsection (d) of this section, a district court may allow the referral to arbitration of any civil action (including any adversary proceeding in bankruptcy) pending before it when the parties consent, except that referral to arbitration may not be made where—

(1) the action is based on an alleged violation of a right secured by the Constitution of the United States;

(2) jurisdiction is based in whole or in part on section 1343 of this title; or

(3) the relief sought consists of money damages in an amount greater than $150,000.

(b) Safeguards in Consent Cases.—Until such time as rules are adopted under chapter 131 of this title relating to procedures described in this subsection, the district court shall, by local rule adopted under section 2071(a), establish procedures to ensure that any civil action in which arbitration by consent is allowed under subsection (a)—

(1) consent to arbitration is freely and knowingly obtained; and

(2) no party or attorney is prejudiced for refusing to participate in arbitration.

(c) Presumptions.—For purposes of subsection (a)(3), a district court may presume damages are not in excess of $150,000 unless counsel certifies that damages exceed such amount.

(d) Existing Programs.—Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section 1 title IX of the Judicial Improvements and Access to Justice Act (Public Law 100–702), as amended by section 1 of Public Law 105–53.

(Added Pub. L. 100–702, title IX, §901(a), Nov. 19, 1988, 102 Stat. 4660; amended Pub. L. 105–315, §6, Oct. 30, 1998, 112 Stat. 2995.)

#### **Editorial Notes**

#### References in Text

Title IX of the Judicial Improvements and Access to Justice Act (Public Law 100–702), as amended by section 1 of Public Law 105–53, referred to in subsec. (d), is title IX of Pub. L. 100–702, Nov. 19, 1988, 102 Stat. 4659, which enacted this chapter and provisions set out as notes under sections 651 and 652 of this title. Section 1 of Pub. L. 105–53, Oct. 6, 1997, 111 Stat. 1173, amended section 905 of title IX of Pub. L. 100–702, which is set out as a note under section 651 of this title.

#### Amendments

1998—Pub. L. 105–315 amended section generally, substituting provisions relating to arbitration for provisions relating to arbitration award and judgment.

1 So in original. The word "section" probably should not appear.
P. 1



# RCRA Box 1883 Prepped byOllie Stewart



### Document

Number: 

# 33 ) ll-B-19 4 Docket Number: 

# A-90-1 9

Printed 12/3/200810:42:12 AM

Sheet 33 of 171P. 2 

# A-90-1 9 ll-B-19 4 

# PENDIN GCONFIDENTpp_ff" f

SB >

## "jw e ePAWRD§£^ r Th e followin g informatio ni s locate d i nth e confidentia l file s o f th e Director , Emissio nStandard s Division , Offic e o f Ai r Qualit yPlannin g and Standards , U . S . Environmenta l Protectio n Agency , Researc hTriangl e Park , Nort hCarolin a 27711 . Thi s informatio ni s confidentia l pendin g fina l determinatio nb yth e Administrato r and i s no t availabl e fo r publi c inspection . W . Floyd , Radia nCorporation , t o Proces s Vent s Docke t A-90-19 , Decembe r 1991 , HO NNESHAP : Industr y Characteristics/Triethylen e Glyco l Monoethy l Ether . 2 7 pages . CB I Documen t Contro l No . 86/23 , PPS-194 .
### §1452. Removal of claims related to bankruptcy cases

(a) A party may remove any claim or cause of action in a civil action other than a proceeding before the United States Tax Court or a civil action by a governmental unit to enforce such governmental unit's police or regulatory power, to the district court for the district where such civil action is pending, if such district court has jurisdiction of such claim or cause of action under section 1334 of this title.

(b) The court to which such claim or cause of action is removed may remand such claim or cause of action on any equitable ground. An order entered under this subsection remanding a claim or cause of action, or a decision to not remand, is not reviewable by appeal or otherwise by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title.

(Added Pub. L. 98–353, title I, §103(a), July 10, 1984, 98 Stat. 335; amended Pub. L. 101–650, title III, §309(c), Dec. 1, 1990, 104 Stat. 5113.)

#### **Editorial Notes**

#### Amendments

1990—Subsec. (b). Pub. L. 101–650 inserted before period at end "by the court of appeals under section 158(d), 1291, or 1292 of this title or by the Supreme Court of the United States under section 1254 of this title".

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

#### Effective Date

Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title.
### §126. Repealed. Pub. L. 89–554, §8, Sept. 6, 1966, 80 Stat. 658

Section, act Sept. 1, 1954, ch. 1208, title VI, §603, 68 Stat. 1116, provided that official reporters of Senate proceedings and their employees be considered officers or employees of the legislative branch within section 2091(a) of former Title 5. See section 8701(a)(3) of Title 5, Government Organization and Employees.
United States Nuclear Regulatory Commission

Office of Public Affairs, Region II

61 Forsyth Street, Suite 23T85, Atlanta, GA 30303

Tel. 404-562-4416 or 4417 Fax 404-562-4980

Internet: kmc2@nrc.gov or rdh1@nrc.gov

No: II-98-41 FOR IMMEDIATE RELEASE

Contact: Ken Clark or Roger Hannah (Monday, June 1, 1998)

NRC TO MEET WITH TVA IN ATLANTA ON JUNE 16

TO DISCUSS NUCLEAR POWER PLANT ICE CONDENSERS

Status of Systems at Sequoyah and Watts Bar to Be Discussed

Officials from the Nuclear Regulatory Commission and the Tennessee Valley Authority will

meet in Atlanta on June 16 to discuss the status of the ice condenser safety system at the

Sequoyah and Watts Bar nuclear power plants in Tennessee.

The meeting will be held at 10:30 a.m. (EDT) in NRC offices on the 24th floor of the Atlanta

Federal Center, located at 61 Forsyth Street, S.W. The meeting is open to observation by

the public and the press. NRC officials will be available at its conclusion to answer

questions from observers who attend.

Ice condensers are incorporated into some Westinghouse pressurized water reactor

containment building designs. They are constructed so that steam released during an

accident will be directed through borated ice where it is cooled and condensed. This

serves to mitigate a buildup of pressure on the containment building walls.

#