alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 162.51 Disposition of proceeds of sale of property seized and forfeited other than under 19 U.S.C. 1592. ( a ) *Order of payment of expenses incurred* — ( 1 ) *When application for remission and restoration is filed and approved.* Section 613 of the Tariff Act of 1930, as amended (19 U.S.C. 1613), and § 171.41 of this chapter authorize the filing of an application for remission of the forfeiture and restoration of the proceeds from the sale of seized and forfeited property. If the application is filed within 3 months after the date of sale and is approved, the proceeds of the sale, or any part thereof, shall be restored to the applicant after deducting the following charges in the order named: ( i ) Internal revenue taxes.
( ii ) Marshal's fees and court costs.
( iii ) Expenses of advertising and sale.
( iv ) Expenses of cartage, storage, and labor. When the proceeds are insufficient to pay these expenses fully, they shall be paid pro rata.
( v ) Duties.
( vi ) Any sum due to satisfy a lien for freight, charges, or contributions in general average, provided notice of the lien has been given in the manner prescribed by law.
( 2 ) *When no application for remission and restoration is filed or the application is denied.* If no application for remission and restoration is filed within 3 months after the date of sale of seized and forfeited property, or if the application is denied, the proceeds of the sale shall be disbursed in the following order: ( i ) Internal revenue taxes.
( ii ) Marshal's fees and court costs.
( iii ) Expenses of advertising and sale.
( iv ) Expenses of cartage, storage, and labor. When the proceeds are insufficient to pay these expenses fully, they shall be paid pro rata.
( v ) Any sum due to satisfy a lien for freight, charges, or contributions in general average, provided notice of the lien has been given in the manner prescribed by law.
( vi ) The residue, if any, shall be deposited with the Treasurer of the United States as a customs or navigation fine.
( b ) *Transfer of seized and forfeited property to another Federal agency.* In the event that the seized and forfeited property has been authorized for transfer to another Federal agency for official use, the receiving agency shall reimburse Customs for the costs incurred in moving and storing the property from the date of seizure to the date of delivery.
[T.D. 79-160, 44 FR 31957, June 4, 1979; 44 FR 36376, June 22, 1979, as amended by T.D. 84-78, 49 FR 13492, Apr. 5, 1984]
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

RODNEY JOSEPH, Jr.,

 Defendant - Appellant.

No. 14-10377

D.C. No. 1:06-cr-00080-SOM

MEMORANDUM*

Appeal from the United States District Court

for the District of Hawaii

Susan Oki Mollway, Chief Judge, Presiding

Submitted June 22, 2015**

Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.

Rodney Joseph, Jr., appeals pro se from the district court’s order denying his 

request to “not join” in his co-defendant’s withdrawal of his motions for a new trial. 

We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

Joseph argues that the district court erred by treating his joinder in his 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by 9th Cir. R. 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

JUN 26 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 14-10377

co-defendant’s motions for a new trial as withdrawn upon his co-defendant’s

withdrawal of the motions. The district court treated Joseph’s joinder as withdrawn

under District of Hawaii Local Rule 7.9, which states: “Unless otherwise ordered by 

the court, whenever an underlying motion is withdrawn, any joinders are also treated 

as withdrawn.” We review the district court’s application of its local rules for 

abuse of discretion. See United States v. Heller, 551 F.3d 1108, 1111 (9th Cir. 

2009). Contrary to Joseph’s contention, the district court did not abuse its 

discretion by treating his joinder as withdrawn. See id. (only in rare cases will this 

court question the district court’s exercise of discretion in applying local rules). 

AFFIRMED.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Declaration of Disaster #3632]

In accordance with notices received from the Department of Homeland Security—Federal Emergency Management Agency—effective October 1 and October 8, 2004, the above numbered declaration is hereby amended to establish the incident period for this disaster as beginning September 17, 2004 and continuing through October 1, 2004. This declaration is also amended to include Chester, Crawford, Delaware, Lawrence, Montgomery, Philadelphia, Somerset, and Sullivan counties as disaster areas due to damages caused by Tropical Depression Ivan. In addition, applications for economic injury loans from small businesses located in the contiguous counties of Erie and Warren in the Commonwealth of Pennsylvania; New Castle County in the State of Delaware; Cecil and Garrett Counties in the State of Maryland; Camden and Gloucester Counties in the State of New Jersey; and Ashtabula, Mahoning, and Trumbull Counties in the State of Ohio may be filed until the specified date at the previously designated location. All other counties contiguous to the above named primary counties have previously been declared. The economic injury number assigned to Delaware is 9AF100.

All other information remains the same, i.e., the deadline for filing applications for physical damage is November 18, 2004 and for economic injury the deadline is June 20, 2005.

(Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008)

Dated: October 13, 2004.

Cheri L. Cannon,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. 04-23401 Filed 10-18-04; 8:45 am]

BILLING CODE 8025-01-P
Exhibit 10(c)

INDEPENDENT AUDITORS' CONSENT

We consent to use in this Post-Effective Amendment No. 2 to Registration
Statement No. 333-92404 of Merrill Lynch Principal Protected Trust on Form N-1A
of our report dated December 10, 2002, January 7, 2003, as to Note 5 (which
expresses an unqualified opinion and includes an explanatory paragraph relating
to the restatement described in Note 5) on Master Large Cap Core Portfolio,
appearing in the Statement of Additional Information, and to the reference to us
under the heading "Financial Highlights for the Master Portfolio" in the
Prospectus, which is part of this Registration Statement.

/s/ Deloitte & Touche LLP

Princeton, New Jersey
January 7, 2003
### §130f. Transferred

#### **Editorial Notes**

#### Codification

Section 130f was editorially reclassified as section 5571 of this title.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### International Trade Commission

          - [USITC SE-04-028] 

# Agency Holding the Meeting: 

International Trade Commission. 

# Time and Date:

October 28, 2004 at 1 p.m. 

# Place:

 Room 101, 500 E Street SW., Washington, DC 20436, Telephone: (202) 205-2000. 

# Status:

 Open to the public. 

# Matters to be Considered: 

1. Agenda for future meetings: none 

2. Minutes 

3. Ratification List 

4. Inv. No. 731-TA-244 (Second Review) (Natural Bristle Paintbrushes from China)—briefing and vote. (The Commission is currently scheduled to transmit its determination and Commissioners' opinions to the Secretary of Commerce on or before November 9, 2004.) 

5. Outstanding action jackets: none 

In accordance with Commission policy, subject matter listed above, not disposed of at the scheduled meeting, may be carried over to the agenda of the following meeting. 

Issued: October 20, 2004.

By order of the Commission. 

Marilyn R. Abbott, 

Secretary to the Commission. 

[FR Doc. 04-23935 Filed 10-21-04; 12:02 pm] 

BILLING CODE 7020-02-P
### §191a. Late payment charges under Federal mineral leases

#### (a) Distribution of late payment charges

Any interest or other charges paid to the United States by reason of the late payment of any royalty, rent, bonus, or other amount due to the United States under any lease issued by the United States for the extraction of oil, gas, coal, or any other mineral, or for geothermal steam, shall be deposited in the same account and distributed to the same recipients, in the same manner, as such royalty, rent, bonus, or other amount.

#### (b) Effective date

Subsection (a) shall apply with respect to any interest, or other charge referred to in subsection (a), which is paid to the United States on or after July 1, 1988.

#### (c) Prohibition against recoupment

Any interest, or other charge referred to in subsection (a), which was paid to the United States before July 1, 1988, and distributed to any State or other recipient is hereby deemed to be authorized and approved as of the date of payment or distribution, and no part of any such payment or distribution shall be recouped from the State or other recipient. This subsection shall not apply to interest or other charges paid in connection with any royalty, rent, bonus, or other amount determined not to be owing to the United States.

(Pub. L. 100–524, §7, Oct. 24, 1988, 102 Stat. 2607.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Congaree Swamp National Monument Expansion and Wilderness Act, and not as part of act Feb. 25, 1920, ch. 85, 41 Stat. 437, known as the Mineral Leasing Act, which comprises this chapter.
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

No: II-97-54 FOR IMMEDIATE RELEASE

Contacts: Ken Clark (404) 562-4416 (Monday, July 14, 1997)

e-mail: kmc2@nrc.gov

Roger Hannah (404) 562-4417

e-mail: rdh1@nrc.gov

NRC STAFF TO HOLD CONFERENCE WITH CENTERS

FOR DISEASE CONTROL TO DISCUSS APPARENT VIOLATIONS

The Nuclear Regulatory Commission staff will hold a

predecisional enforcement conference with the Centers for Disease

Control and Prevention on Thursday, July 17, to discuss four

apparent violations of NRC regulations involving the use of

radioactive materials under an NRC license at the CDC facility in

Atlanta.

The apparent violations include the failure to secure

licensed radioactive material from unauthorized use and removal,

the failure to perform periodic inventories of licensed material,

repeated failures to ensure that radiation survey meters were

calibrated annually and the failure to remove unnecessary signs

from previously restricted areas. In a letter to CDC on June 25,

1997, the NRC staff expressed concern about the violations "since

they seem to indicate a lack of management oversight and failure

to adhere to license conditions."

The meeting will be held in the NRC Atlanta office, located

at 61 Forsyth Street, Room 24T20, at 2:00 p.m. It will be open

to observation by the public.

NRC officials said the decision to hold a predecisional

enforcement conference does not mean that a determination has

been made that a violation has occurred or that enforcement

action will be taken. The purpose is to discuss apparent

violations, their causes, and safety significance; to provide the

licensee with an opportunity to point out any errors that may

have been made in NRC inspection reports; and to enable the

company to outline its proposed corrective actions.

No decision on the apparent violations or any contemplated

enforcement action, such as a civil penalty, will be made at the

conference. Those decisions will be made by NRC officials at a

later time.

#
#### § 190.162 Procedure.

The export procedure will be the same as that provided in § 190.42 for rejected merchandise, except that the claimant must be the importer and must comply with all other provisions in this subpart.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION IV

 611 Ryan Plaza Drive - Suite 400

 Arlington TX 76011-8064

No. IV-02-006 February 28, 2002

CONTACT: Breck Henderson E-mail: opa4@nrc.gov

Phone: 817-860-8128 Cellular: 817-917-1227

NRC PROPOSES $6,000 FINE FOR

DECISIVE TESTING, INC.

The U.S. Nuclear Regulatory Commission staff has proposed a fine of $6,000 against Decisive

Testing, Inc., of San Diego, Calif., for failure to notify the NRC and pay fees prior to conducting

radiography work on U.S. Naval vessels as required by federal regulations. 

Decisive Testing is licensed by the state of California, but radiography work on U.S. Naval

vessels falls under the jurisdiction of the NRC. The NRC requires the filing of an advance notice of

work involving radiation sources in federal jurisdiction to allow it to perform safety inspections of the

planned activities. A fee applies to this situation. At an enforcement conference held January 9, the

NRC was told that the assistant Radiation Safety Officer for Decisive Testing intended to notify the

NRC and pay the reciprocity fee some time after the work was performed, which is clearly not allowed

under NRC rules.

Michael R. May, Decisive Testingís president, informed the NRC that he has taken corrective

action to assure that Decisive Testing complies with this notification requirement in the future.

The violation has been categorized at Severity Level III, which carries a civil penalty of $6,000. 

The NRC uses a four-level scale to rate the seriousness of violations, with Severity Level I being the

most serious.

Decisive Testing is required to respond to the letter and Notice of Violation with actions the

company is taking to assure future compliance with regulatory and license requirements. The company

has 30 days to pay the fine or protest it. If the protest is denied, the company may request a hearing by

the NRC.

###
**Exhibit 12.2**

**CERTIFICATION**

I, José Luis Palomo Álvarez, certify that:

1.     I havereviewed this annual report on Form 20-F of Endesa, S.A.;

2.     Based onmy knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.     Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the company as of, and for,the periods presented in this report;

4.     Thecompany’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e))for the company and have:

(a)    Designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the company, including its consolidated subsidiaries,is made known to us by others within those entities, particularly during theperiod in which this report is being prepared;

(b)   Evaluatedthe effectiveness of the company’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

(c)    Disclosedin this report any change in the company’s internal control over financialreporting that occurred during the period covered by the annual report that hasmaterially affected, or is reasonably likely to materially affect, the company’sinternal control over financial reporting; and

5.     Thecompany’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the company’sauditors and the audit committee of the company’s board of directors (orpersons performing the equivalent functions):

(a)    Allsignificant deficiencies**andmaterial weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect the company’sability to record, process, summarize and report financial information; and

(b)   Any fraud, whether or not material, thatinvolves management or other employees who have a significant role in thecompany’s internal control over financial reporting.
| Date: May 17, 2006 |   |
|-------------------------|--------|
|                         | By:    | /s/ JOSÉ LUIS PALOMO ÁLVAREZ |
|                    |   | Name: | José Luis Palomo Álvarez |
|                    |   | Title: | *Chief Financial Officer* |

 

----
DATE: 03/28/2016

MEMORANDUM
TO: Doc ket # EPA

- HQ

- OAR

- 2014

- 0292
FROM: Steffan Johnson Group Leader

– Measurement Technology Group RE: Discussion with Stephen Norfleet at 40 th Annual SSSAAP Conference

– March 24 th , 2016; Point Clear, Alabama

I listened to some concerns voiced by Stephen Norfleet, a consultant employed by RMB Consulting, Inc., in Raleigh, NC, for ten minutes on the afternoon of Thursday, March 24 th . The conversation was ad

- hoc, with Mr. Norfleet wishing to voice opinion on langu age changes to the Part 60.8 General Provisions that were proposed in MTG’s September, 2015 Test Method, Performance Specification and Rule Requirements Revisions package. Specifically Mr. Norfleet expressed concern about the proposal language being both t oo vague (all

encompassing and not well defined) and inclusive of some items that were, in his opinion, not necessary to report in every emissions test report. The focus of Mr. Norfleet’s comments were toward streamlining the number of items that may need to be individually reported as electronic data via EPA’s ERT or CEDRI online tool, versus included as data in a .pdf format file. The latter may be searched manually, in a traditional paper

- report fashion, while the former would allow select data to be s earched electronically.
U.S. Nuclear Regulatory Commission

Office of Public Affairs, Region II

61 Forsyth Street, Suite 23T85

Atlanta, GA 30303

No: II-97-79

(Friday, November 14, 1997)

Ken Clark 404/562-4416

Roger Hannah 404/562-4417

NRC CHAIRMAN TO VISIT ST. LUCIE NUCLEAR PLANT

Will Meet With Press On Monday, November 17 At 4:00 P.M.

The Chairman of the U. S. Nuclear Regulatory Commission, Dr. Shirley Ann Jackson, will be

at Florida Power & Light Company’s St. Lucie nuclear power plant on Hutchinson Island near Ft.

Pierce on Monday, November 17 and will be available at 4:00 p.m. to meet with interested news

media representatives to answer questions related to the visit.

Media representatives should enter through Gate B and come to Room 123A at the Plant

Training Building.

Dr. Jackson will meet at St. Lucie with the NRC’s resident inspectors, hold discussions with

FP&L officials on current improvement initiatives at the plant, and take a working tour of the facility

, including areas where replacement of the Unit 1 steam generators is currently under way.

Chairman Jackson is a theoretical physicist who became an NRC commissioner on May 2,

1995 and was named Chairman two months later on July 1. She earned a Bachelor of Science

degree in physics in 1968 and a Ph.D. in theoretical elementary particle physics in 1973, both

from the Massachusetts Institute of Technology. She conducted research in theoretical physics,

solid state and quantum physics, and optical physics for a number of years at AT&T Bell

Laboratories and was a Professor of Physics at Rutgers University when appointed to the NRC.

Dr. Jackson is the first African-American woman to receive a doctorate from MIT, the first

African-American to become an NRC commissioner and the first woman and first AfricanAmerican to serve as NRC Chairman.

#
<PAGE>
                                                                    EXHIBIT 99.1


                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 for the period
ended June 30, 2002 of Synagro Technologies, Inc. (the "Company") as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Ross M. Patten, certify that, to the best of my knowledge, the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company and that, except as set forth below, the Report fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934:

                  During August 2002, the Company announced that it had
         dismissed Arthur Andersen LLP ("Andersen") as the Company's independent
         accountants. The Company has appointed PricewaterhouseCoopers LLP as
         the Company's independent accountants to replace Andersen. Because of
         delays in receiving the predecessor accountant's work papers,
         PricewaterhouseCoopers LLP has not yet completed its review of the
         Company's interim financial statements for the quarter ended June 30,
         2002 in accordance with the procedures set forth in Statement on
         Auditing Standards 71.


                                                         /s/ ROSS M. PATTEN
                                                        ------------------------
                                                        Ross M. Patten
                                                        August 14, 2002