alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
467 P.2d 403

#### LAS CRUCES COUNTRY CLUB, INC., a New Mexico Corporation, Plaintiff-Appellee, v. CITY OF LAS CRUCES, New Mexico, a municipal Corporation; and City Commission of the City of Las Cruces, New Mexico, Defendants-Appellants.

No. 8880.

Supreme Court of New Mexico.

Feb. 2, 1970.

Rehearing Denied April 8, 1970.

George Richard Schmitt, Las Cruces, for appellants.

Crouch & Lenko, Las Cruces, for appellee.

OPINION

COMPTON, Justice.

This is an action to have a paving assessment of $6,679.64 levied by the defendant, City of Las Cruces, against the land of the plaintiff, Las Cruces Country Club, invalidated. Plaintiff’s complaint alleges that its property will not be benefited by the assessment but will be damaged thereby. It also alleges that the defendant in making the assessment failed to comply with the provisions of § 14-19-5(D), N.M.S.A. 1953, with regard to approval by municipal planning authority. Issue was joined on both issues.

The city had planned to extend and pave Solano Street, thereby connecting Solano Street directly with State Highway 70. The plaintiff’s land abuts this extension. Both parties move for summary judgment and upon consideration of the pleadings, depositions and supporting affidavits of both parties, plaintiff’s motion was granted, and defendant has appealed.

It is well established that in considering a motion for summary judgment, pleadings, affidavits and depositions must be viewed in their most favorable aspect in support of the party opposing the motion and his right to a trial on the issues. If there is the slightest doubt as to the existence of material factual issues, summary judgment should be denied. Ohio Casualty Insurance Co. v. Lamy Columbus Club, 80 N.M. 740, 461 P.2d 155; Institute For Essential Housing, Inc. v. Keith, 76 N.M. 492, 416 P.2d 157; Sooner Pipe & Supply Corp. v. Doerrie, 69 N.M. 78, 364 P.2d 138.

Tested by this rule, summary judgment must be reversed. The record presents a material conflict as to benefits to appellee’s land resulting from the assessment. Prior to granting summary judgment, the trial court viewed the premises *388involved and found by memorandum decision that “very little, if any, benefit could be derived by the Las Cruces Country Club from the' making of the street as the Country Club property sits some 30-40 feet above the roadway.” Another material issue of fact is whether there was sufficient compliance by appellant with the provisions of § 14-32-14, N.M.S.A. 1953, relating to the notice of assessment. These controverted issues cannot be determined as a matter of law. See cases previously cited.

Summary judgment is reversed and the cause is remanded to the trial court with directions to proceed further in a manner not inconsistent with this opinion.

It is so ordered.

TACKETT and WATSON, JJ., concur.
§ 500.104 Meetings and actions of the Board. ( a ) *Place and frequency.* The Board meets, on the call of the Chairman, in order to consider matters requiring action by the Board. Time and place for any such meeting shall be determined by the members of the Board.
( b ) *Quorum and voting.* Two voting members of the Board constitute a quorum for the transaction of business. All decisions and determinations of the Board shall be made by a majority vote of the voting members. All votes on determinations of the Board required by the Act shall be recorded in the minutes. A Board member may request that any vote be recorded according to individual Board members.
( c ) *Agenda of meetings.* To the extent practicable, an agenda for each meeting shall be distributed to members of the Board at least two days in advance of the date of the meeting, together with copies of materials relevant to the agenda items.
( d ) *Minutes.* The Secretary of the Board shall keep minutes of each Board meeting and of action taken without a meeting, a draft of which is to be distributed to each member of the Board as soon as practicable after each meeting or action. To the extent practicable, the minutes of a Board meeting shall be corrected and approved at the next meeting of the Board.
( e ) *Use of conference call communications equipment.* Any member may participate in a meeting of the Board through the use of conference call, telephone or similar communications equipment, by means of which all persons participating in the meeting can simultaneously speak to and hear each other. Any member so participating in a meeting shall be deemed present for all purposes. Actions taken by the Board at meetings conducted through the use of such equipment, including the votes of each member, shall be recorded in the usual manner in the minutes of the meetings of the Board.
( f ) *Actions between meetings.* When, in the judgment of the Chairman, circumstances occur making it desirable for the Board to consider action when it is not feasible to call a meeting, the relevant information and recommendations for action may be transmitted to the members by the Secretary of the Board and the voting members may communicate their votes to the Chairman in writing (including an action signed in counterpart by each Board member), electronically, or orally (including telephone communication). Any action taken under this paragraph has the same effect as an action taken at a meeting. Any such action shall be recorded in the minutes.
( g ) *Delegations of authority.* The Board may delegate authority, subject to such terms and conditions as the Board deems appropriate, to the Executive Director, the General Counsel, or the Secretary of the Board, to take certain actions not required by the Act to be taken by the Board. All delegations shall be made pursuant to resolutions of the Board and recorded in writing, whether in the minutes of a meeting or otherwise. Any action taken pursuant to delegated authority has the effect of an action taken by the Board.
```

[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Notices]
[Page 19316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07849]

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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2014-0009]

National Wildlife Services Advisory Committee; Reestablishment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of reestablishment.

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

SUMMARY: We are giving notice that the Secretary of Agriculture will 
reestablish the National Wildlife Services Advisory Committee for a 2-
year period. The Secretary has determined that the Committee is 
necessary and in the public interest.

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Joyce, Designated Federal 
Officer, Wildlife Services, APHIS, 4700 River Road, Unit 87, Riverdale, 
MD 20737; (301) 851-3999.

SUPPLEMENTARY INFORMATION: The purpose of the National Wildlife 
Services Advisory Committee (the Committee) is to advise the Secretary 
of Agriculture on policies, program issues, and research needed to 
conduct the Wildlife Services program. The Committee also serves as a 
public forum enabling those affected by the Wildlife Services program 
to have a voice in the program's policies.

    Done in Washington, DC, this 2nd day of April 2014.
Gregory L. Parham,
Assistant Secretary for Administration.
[FR Doc. 2014-07849 Filed 4-7-14; 8:45 am]
BILLING CODE 3410-34-P
```
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 58 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 58

To amend the Outer Continental Shelf Lands Act to permanently prohibit 
the conduct of offshore drilling on the outer Continental Shelf off the 
              coast of California, Oregon, and Washington.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 27, 2021

Mrs. Feinstein (for herself, Mr. Padilla, Mr. Wyden, Mr. Merkley, Mrs. 
  Murray, Ms. Cantwell, Mr. Menendez, Mr. Booker, Mr. Markey, and Mr. 
   Sanders) introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Outer Continental Shelf Lands Act to permanently prohibit 
the conduct of offshore drilling on the outer Continental Shelf off the 
              coast of California, Oregon, and Washington.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``West Coast Ocean Protection Act of 
2021''.

SEC. 2. PROHIBITION OF OIL AND GAS LEASING ON THE OUTER CONTINENTAL 
              SHELF OFF THE COAST OF CALIFORNIA, OREGON, AND 
              WASHINGTON.

    Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) 
is amended by adding at the end the following:
    ``(q) Prohibition of Oil and Gas Leasing in Certain Areas of the 
Outer Continental Shelf.--Notwithstanding any other provision of this 
section or any other law, the Secretary shall not issue a lease for the 
exploration, development, or production of oil or natural gas in any 
area of the outer Continental Shelf off the coast of the State of 
California, Oregon, or Washington.''.
                                 <all>
```
### §2147. Plant material exchanges

On and after July 8, 1935, plant material exchanges may be made with botanic gardens, institutions, municipal parks, and gardens.

(July 8, 1935, ch. 374, 49 Stat. 471.)

#### **Editorial Notes**

#### Codification

Section was classified to section 217a of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.

Section is based on par. under heading "BOTANIC GARDEN" in act of July 8, 1935, known as the "Legislative Branch Appropriation Act, 1936".
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19401

Phone: 610/337-5330 Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-97-12 February 7, 1997

Contact:Diane Screnci FOR IMMEDIATE RELEASE

Neil A. Sheehan

NRC STAFF ISSUES NOTICE OF VIOLATION

TO NEW JERSEY MEDICAL FACILITY

The Nuclear Regulatory Commission staff has cited Kennedy

Memorial Hospitals - University Medical Center, Stratford (NJ)

Division, for violations of NRC requirements, but has not

proposed a fine.

The violations included the medical facility's failures to

(1) maintain dose rates in contiguous unrestricted patient rooms

below regulatory limits; (2) adequately train personnel on NRC

regulations, license conditions and radiation safety; and (3)

allow byproduct material to decay for the required amount of time

before disposal in the ordinary trash.

In a letter to the hospital, NRC Region I Administrator

Hubert J. Miller said the violations are of concern to the NRC

because they represent "a lack of management attention towards

licensed responsibilities."

A fine was not proposed because the licensee took prompt and

comprehensive actions to correct the violations and to prevent

recurrence, and because the licensee had not been fined

previously. Officials of the NRC staff and the medical center

discussed these violations at an enforcement conference held

January 26 at the NRC Region I office in King of Prussia, Pa.

NRC found the violations during an inspection conducted on

October 31, November 6 and December 12, 1996.

#
EXHIBIT 32.1


CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER
  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 New Energy Systems Group, (the ‘‘Company’’) on Form 10-K for year ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the ‘‘Report’’), I, Nian Chen, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:
  (1)           The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
  (2)           The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.


Date: March 28, 2011





/s/ Nian ChenNian Chen

Chief Executive Officer
Editorial Note on Part 141
Editorial Note: Nomenclature changes to part 141 appear by CBP Dec. No. 16-26, 81 FR 93019, Dec. 20, 2016.

§ 141.19 Declaration of entry. ( a ) *Declaration by consignee.* The consignee in whose name an entry is made under the provisions of section 484, Tariff Act of 1930, as amended (19 U.S.C. 1484), shall execute the declaration specified in section 485(a), Tariff Act of 1930, as amended (19 U.S.C. 1485(a)) on: ( 1 ) The entry summary for merchandise entered for consumption, for warehouse, or for temporary importation under bond, or
( 2 ) The rewarehouse or the bonded manufacturing warehouse entry. The declaration need not be under oath. When the consignee is a partnership, any partner may execute the declaration, and when the consignee is a corporation any officer of the corporation may execute the declaration.
( b ) *Declaration by agent of consignee* — ( 1 ) *Authorized agent with knowledge of the facts.* When entry is made in a consignee's name by an agent who has knowledge of the facts and who is authorized under a proper power of attorney by that consignee to make declarations in accordance with section 485(f), Tariff Act of 1930, as amended (19 U.S.C. 1485(f)), a declaration on the entry or entry summary executed by that agent is sufficient and no bond to produce a declaration of the consignee is required.
( 2 ) *Other agents.* When entry is made in a consignee's name by an agent who does not meet the qualifications in paragraph (b)(1) of this section either: ( i ) A declaration of the consignee on Customs Form 3347-A shall be filed with the entry documentation or entry summary or
( ii ) A charge for the production of the declaration shall be made against the bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter. No separate bond of the agent shall be required, since a charge against the bond on Customs Form 301, containing the bond conditions set forth in § 113.62 of this chapter satisfies the requirements of section 485(c), Tariff Act of 1930, as amended (19 U.S.C. 1485(c)).
( 3 ) *Nominal consignee.* A nominal consignee who makes entry in his own name is not considered an agent within the purview of section 485(c), Tariff Act of 1930, as amended (19 U.S.C. 1485(c)), and he shall execute a declaration in accordance with paragraph (a) of this section.
( c ) *Books, newspapers, and periodicals.* In the case of successive importations of books, magazines, newspapers, and periodicals within the scope of section 485(b), Tariff Act of 1930, as amended (19 U.S.C. 1485(b)), one declaration filed at the time of arrival of the first importation will be sufficient.
[T.D. 73-175, 38 FR 17447, July 2, 1973, as amended by T.D. 79-221, 44 FR 46816, June 4, 1979; T.D. 84-213, 49 FR 41184, Oct. 19, 1984]
#### § 125.42 Cancellation of liability.

The Fines, Penalties, and Forfeitures Officer, in accordance with delegated authority, may cancel liquidated damages incurred under the bond of the foreign trade zone operator, containing the bond conditions set forth in § 113.73 of this chapter, or under the bond of the cartman, lighterman, bonded carrier, bonded warehouse operator, container station operator or centralized examination station operator on Customs Form 301, containing the bond conditions set forth in § 113.63 of this chapter, upon the payment of such lesser amount, or without the payment of any amount, as the Fines, Penalties, and Forfeitures Officer may deem appropriate under the circumstances. Application for cancellation of liquidated damages incurred shall be made in accordance with the provisions of part 172 of this chapter.

[T.D. 00-57, 65 FR 53575, Sept. 5, 2000]
Case 0:20-cv-61469-RS   Document 207-2   Entered on FLSD Docket 12/05/2023   Page 1 of 1
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Health Physics Questions and Answers - Question 96

**Question 96:**
> 
(a) The roentgen (R) is not defined or used in revised Part 20; however, many survey instruments and computer records show dose rates in terms of "mR/h" or "R/h." Will these survey instrument face pieces and computer forms have to be changed when revised Part 20 is implemented? 

(b) Most radiation instrumentation is currently calibrated in units of roentgens rather than rads. A roentgen of x- or gamma-radiation in the energy range of 0.1 - 3 MeV produces 0.96 rad in tissue. Will these instruments need to be recalibrated to account for this difference.

**Answer:**
> 
(a) No. The survey instruments will not need to be changed. See Question 428 for additional information concerning the use of the unit "roentgen" and its subunits.

(b) No. It may be assumed that one roentgen equals one rem or a more accurate conversion factor may be used.

(References: 10 CFR 20.1003, 10 CFR 20.2101).

Page Last Reviewed/Updated Wednesday, December 13, 2017
## SERVED OCTOBER 15, 2012 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

InTheMatter Of: ) ) ) ) ) DocketNo. FAA-2011-1116 IVY ENTERPRISES, INC., Case No. 2010S0700376 Respondent

ORDERDISMISSING PROCEEDING 

### Zil!Z 

### IS

On October 15, 2012, the Respondent, Ivy Enterprises, Inc, filed a one-page letter stating that itwas Withdrawing its Request for Hearingto the Complaint issuedhereinby the Federal Aviation Administration (FAA). The Respondent's letter ofWithdrawal stated that the parties had reached a settlement, and thatthe FAA was also withdrawing its Complaint. There is a Motion Conference and a Hearing currently setinthis matter. It

### Is Hereby Ordered: 1) The Dispositive Motion Conference, set for November 7, 2012 (11 

### :OOam EST), is cancelled

.

. 2) The Hearing dates set for Wednesday, December 5, 2012 and Thursday, December 6, 2012 (9:30am-5:00pm EST) in New York are cancelled. 3) Pursuantto 14 C.P.R. §13.215, th.e Respondent, Ivy Enterprises, Inc, has Withdrawn its Request for Hearing because the parties have settled the dispute, and this proceeding is dismissed withprejudice.

Attachment: Service List 

## 2: 25SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1 ONE COPY 

### Alexander G. Bateman, Jr., Respondent's Counsel 

### Ruskin Moscou Faltischek P.C. ·1425 RXR Plaza East Tower, 15th Floor Uniondale, NY 11556-1425 TEL: 516-663-6589 FAX: 516-663-6789 Jeanine C. Gotimer, Complainant's Counsel 

### Office ofthe Regional Counsel Ea:stem Region Federal Aviation Administration 

### 1Aviation Plaza Jamaica, NY 11434 TEL: 718-553-3272 FAX: 718-995-5699 The Honorable J.E. Sullivan,Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department**ofTran~portation** 

### 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2132 FAX: 202-366-7536 FDMS No. FAA-2011-1116 (Civil Penalty Action)

1 Service was byU.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., WilburWrightBuilding-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-:-430. ·
###### Editorial Note on Part 10

#### Editorial Note:

Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

#### § 10.816 Indirect materials.

Indirect materials are to be disregarded in determining whether a good qualifies as an originating good under § 10.810 of this subpart and General Note 30, HTSUS, except that the cost of such indirect materials may be included in meeting the value-content requirement specified in § 10.810(b) of this subpart.
### §2024. Assignment of space in Senate Office Building

On and after June 8, 1942, the assignment of rooms and other space in the Senate Office Building shall be under the direction and control of the Senate Committee on Rules and Administration and shall not be a part of the duties of the Architect of the Capitol.

(June 8, 1942, ch. 396, 56 Stat. 343; Aug. 2, 1946, ch. 753, title I, §102, title II, §224, 60 Stat. 814, 838.)

#### **Editorial Notes**

#### Codification

Section was classified to section 174d of former Title 40, prior to the enactment of Title 40, Public Buildings, Property, and Works, by Pub. L. 107–217, §1, Aug. 21, 2002, 116 Stat. 1062.

#### Amendments

1946—Act Aug. 2, 1946, substituted "Committee on Rules and Administration" for "Committee on Rules".

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

#### Effective Date of 1946 Amendment

Act Aug. 2, 1946, ch. 753, title I, §142, 60 Stat. 834, provided that section 102 of that act shall take effect on Jan. 2, 1947, and section 245 of title II of that act, 60 Stat. 839, provided that section 224 thereof shall "take effect on the day on which the Eightieth Congress convenes". The Eightieth Congress convened on Jan. 3, 1947.
### §§293a to 293c. Omitted

Section 293a, Pub. L. 89–301, §11(c), Oct. 29, 1965, 79 Stat. 1120, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–12(a) of this title.

Section 293b, Pub. L. 89–504, title III, §302(c), July 18, 1966, 80 Stat. 295, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–13(a) of this title.

Section 293c, Pub. L. 90–206, title II, §214(c), Dec. 16, 1967, 81 Stat. 636, required compensation of employees of House of Representatives whose compensation is fixed under this chapter to be increased by amounts equal to increases provided by section 60e–14(a) of this title.
§ 114.2 Customs Conventions and Agreements. The regulations in this part relate to carnets provided for in the following Customs Conventions and Agreements: ( a ) Customs Convention on the A.T.A. Carnet for the Temporary Admission of Goods (hereinafter referred to as A.T.A. Convention).
( b ) [Reserved]
( c ) Customs Convention on the International Transport of Goods Under Cover of TIR Carnets, done at Geneva on November 14, 1975, as well as the 1959 TIR Convention, TIAS 6633.
( d ) Agreement Between the Taipei Economic and Cultural Representative Office in the United States and the American Institute in Taiwan on TECRO/AIT Carnet for the Temporary Admission of Goods (hereinafter referred to as the Agreement).
[T.D. 70-134, 35 FR 9261, June 13, 1970, as amended by T.D. 82-116, 47 FR 27262, June 24, 1982; T.D. 85-180, 50 FR 42517, Oct. 21, 1985; T.D. 98-10, 63 FR 4168, Jan. 28, 1998]