alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
###### Editorial Note on Part 181

#### Editorial Note:

Nomenclature changes to part 181 appear by CBP Dec. No. 16-26, 81 FR 93026, Dec. 20, 2016.

#### § 181.41 Applicability.

This subpart sets forth the provisions regarding drawback claims and duty-deferral programs under Article 303 of the NAFTA and applies to any good that is a “good subject to NAFTA drawback” within the meaning of 19 U.S.C. 3333. Except in the case of § 181.42(d), the provisions of this subpart apply to goods which are imported into the United States and then subsequently exported from the United States to Canada on or after January 1, 1996, or to Mexico on or after January 1, 2001. The requirements and procedures set forth in this subpart for NAFTA drawback are in addition to the general definitions, requirements and procedures for all drawback claims set forth in part 191 of this chapter, unless otherwise specifically provided in this subpart. Also, the requirements and procedures set forth in this subpart for NAFTA duty-deferral programs are in addition to the requirements and procedures for manipulation, manufacturing and smelting and refining warehouses contained in part 19 and part 144 of this chapter, for foreign trade zones under part 146 of this chapter, and for temporary importations under bond contained in part 10 of this chapter.
§ 123.82 Treatment of stolen vehicles returned from Mexico. Port directors shall admit without entry and payment of duty allegedly stolen or embezzled vehicles, trailers, airplanes, or component parts of any of them, under the provisions of The Convention between the United States of America and the United Mexican States for the Recovery and Return of Stolen or Embezzled Vehicles and Aircraft (Treaties and Other International Acts Series [TIAS] 10653), of June 28, 1983, if accompanied by a letter from the U.S. Embassy in Mexico City containing: ( a ) A statement that the Embassy is satisfied from information furnished it that the property is stolen property being returned to the U.S. under the provisions of the convention between the U.S. and Mexico concluded January 15, 1981, and
( b ) An adequate description of the property for identification purposes.
[T.D. 86-118, 51 FR 22515, June 20, 1986. Redesignated by T.D. 99-2, 64 FR 31, Jan. 4, 1999]
#### § 213.5 Access to Commission resources.

Commission resources, in addition to the Office's resources, are available to an eligible small business to the same extent as those resources are available to members of the general public. No special rights of access to Commission resources shall be accorded to an eligible small business.
<PAGE>

                                                                EXHIBIT 10.43

[LOGO]
BURKE INDUSTRIES

February 4, 2000

Theodore M. Clark
177 Oak Meadow Road
Sierra Madre, CA 91024

Dear Ted:

This will confirm certain amendments to your Employment Agreement (the
"Agreement"), which was made and entered into as of September 16, 1999. The
purpose of these amendments, which it is agreed shall be effective
retroactively as of November 1, 1999, is to reflect the accelerated pace of
the transition pursuant to which you became President of Burke. Any
capitalized term used herein shall have the meaning assigned to such term in
the Agreement.

In Section 1 of the Agreement, the date "November 1, 1999" shall be
substituted for the date "January 1, 2000" and the date "October 31, 2001"
shall be substituted for the date "December 31, 2000."

In Section 2 of the Agreement, the first sentence shall be deleted and the
following substituted therefor: "Clark shall be employed as the President of
Burke effective as of November 1, 1999, and, in addition, shall assume the
duties of Chief Executive Officer of Burke effective February 1, 2000."

In Section 4 of the Agreement, the date "November 1, 1999" shall be
substituted for the date "January 1, 2000."

In Section 10.C. of the Agreement, the date "October 31, 2001" shall be
substituted for the date "December 31, 2001."

Please acknowledge your acceptance of these amendments by signing both copies
of this letter where indicated below, and returning one signed copy to me.
The duplicate signed copy should be retained for your records.

Your truly,                                 Accepted and Agreed:

/s/ George A. Sawyer                        /s/ Theodore M. Clark
----------------------------------          ------------------------------
George A. Sawyer                            Theodore M. Clark
Chairman of the Board

13767 Freeway Drive, Santa Fe Springs, California 90670 - (562) 926-6556
(800) 221-0923 Fax: (562) 926-3710
GRAND PORTAGE BAND OF CHIPPEWA

ENVIRONMENTAL DEPARTMENT

PO Box 428, Grand Portage, MN 55605

January, 2011

Morris Beaton

Regional Storm Water Coordinator

US EPA – Region 5

77 W. Jackson Blvd.

Chicago, IL 60604

Subject: 401 Certification for the Proposed National Pollutant Discharge Elimination 

System General Permit for Pesticide Applications

Dear Mr. Beaton:

Pursuant to Section 3.03 of the Grand Portage Water Quality Ordinance, the Grand 

Portage Environmental Resources Board ("Board") has the authority to "issue water 

quality certification(s) for discharges that may result in any violation of the Band’s Water 

Quality Standards or Applicable Federal Standards or that may adversely impact the 

quality and quantity of Waters of the Reservation. Water quality certification is required 

to provide a reasonable assurance that the proposed activity will not violate the Band’s 

Water Quality Standards or any Applicable Federal Standards." To that end, the Board 

may deny a certification, grant a certification, grant a certification with conditions, or 

waive the authority. 

In accordance with its responsibilities and authority under the Grand Portage Water 

Quality Ordinance, the Board has evaluated water quality certification for the EPA 

General Permit for Pesticide Applications. The Board has determined that certain 

conditions are necessary to protect (a) the public health and welfare of the Band, its 

members, and others living on its Reservation, and (b) the present and future use of 

Reservation waters for public and private water supplies, propagation of fish and aquatic 

life and wildlife, domestic and recreational purposes and agricultural, cultural, religious, 

commercial, industrial and other legitimate uses.
Accordingly, the Tribal Council adopted a resolution granting a conditional Section 401 

certification of the General Permit for Pesticide Applications. The Tribal Council was 

acting as the Water Resources Board for the Tribe under Section 2.01(D) of the Tribe’s 

Water Resources Ordinance. The resolution is attached to this letter. 

This letter confirms that, in accordance with the Resolution the Tribe is granting the 401 

certification for the General Permit for Pesticide Applications with conditions. The 

conditions, which are provided in the Public Notice that is attached to this certification, 

are fully incorporated into this certification. Those conditions are made under authority 

in the Grand Portage Water Quality Ordinance. 

Resolution No. 1-11 was adopted on January 13th, 2010, after the Board provided public 

notice and an opportunity for a public hearing. There was no request for public hearing 

and no comments were received. Therefore, there are no responses to comments 

included in this certification. 

Sincerely,

Margaret Watkins

Grand Portage Environmental Department
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. 98-02 FOR IMMEDIATE RELEASE

(Wednesday, January 7, 1998)

NRC PROPOSES $13,750 FINE AGAINST WESTINGHOUSE

The Nuclear Regulatory Commission staff is proposing to fine Westinghouse

Electric Corporation $13,750 for violations of NRC requirements at the company’s

commercial nuclear fuel facility in Columbia, South Carolina.

The plant manufactures nuclear fuel for use in civilian nuclear power plants.

The proposed enforcement action results from an NRC inspection conducted

August 25 to 29 at the plant to review circumstances surrounding June 23 and August

25 events involving failures of controls designed to prevent an inadvertent criticality, or

nuclear chain reaction, at the facility. As a result of the events, Westinghouse staff

discovered that various vessels used to process nuclear material were larger than

assumed in the criticality safety analysis, and therefore one of the safety controls

designed to prevent an accidental criticality was not present.

The NRC inspection revealed significant weaknesses with Westinghouse’s

implementation of its nuclear criticality safety program. NRC intervention was

necessary to identify the scope and magnitude of the problems and to ensure that

appropriate corrective actions were taken to establish that the existing plant conditions

matched the safety conditions established in the facility’s license.

The violations involved the failure to : (1) conduct adequate incident

investigations, identify root causes, and take timely corrective actions; (2) conduct

adequate criticality safety evaluations; (3) functionally verify that installed safety

controls matched the design documents; (4) update criticality safety evaluations

following change; (5) control criticality safety evaluation records; and (6) develop or

implement various nuclear criticality safety procedures and policies that cover certain

license conditions, including requirements to notify the NRC.

In notifying Westinghouse of the proposed fine, NRC stated: “These violations

are significant because they substantially degraded the approved processes in the

license used to establish and maintain the safety program for processing SNM [special

nuclear material] and are indicative of a significant lack of attention or carelessness

towards licensed responsibilities.”
Westinghouse has 30 days to pay the civil penalty or protest its imposition.

###
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS -- REGION I

 475 Allendale Road

 King of Prussia, PA 19406

No. I-02-066 November 21, 2002

CONTACT: Diane Screnci, (610) 337-5330 E-mail: opa1@nrc.gov

Neil A. Sheehan, (610) 337-5331

NRC ASSIGNS NEW RESIDENT INSPECTOR AT PILGRIM NUCLEAR PLANT

Nuclear Regulatory Commission officials in King of Prussia, Pa., have selected Christopher

Welch as the new resident inspector at the Pilgrim nuclear power plant in Plymouth, Mass. He joins

Senior Resident Inspector William Raymond at the site.

Russ Arrighi, who had been an inspector at Pilgrim since 1997, was recently reassigned to a

position in the Office of Nuclear Reactor Regulation at NRC Headquarters in Rockville, Md. 

Welch joined the NRC’s Region I office in 1997, as a reactor engineer. Most recently, he was a

resident inspector at the Robert E. Ginna nuclear plant near Rochester, N.Y. Prior to joining the NRC, 

he worked as an assistant chief test engineer at the Portsmouth Naval Shipyard in Portsmouth, N.H. 

Welch earned a Bachelor of Science degree in marine engineering from the Massachusetts Maritime

Academy. Welch, his wife and three children live in Sandwich.

Every commercial nuclear power plant in the U.S. has at least two NRC resident inspectors. 

They have an office where they work at the facility, conducting regular inspections and monitoring

significant work projects.

The Pilgrim resident inspectors can be reached at 508/747-0565.

###
#### UNITED STATES of America, Plaintiff—Appellee, v. James Troy VAN, Defendant—Appellant.

No. 00-10333, 01-10075.

D.C. No. CR-99-00325-ROS.

United States Court of Appeals, Ninth Circuit.

Submitted May 3, 2002 *.

Decided May 29, 2002.

*690Before SNEED, SKOPIL and FARRIS, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

MEMORANDUM **

James Troy Van, after pleading guilty to drug offenses, filed an untimely pro se notice of appeal. We affirm the district court’s determination that no excusable neglect exists to permit an untimely notice of appeal. Accordingly, we dismiss the untimely appeal for lack of jurisdiction.

DISCUSSION

There is no dispute that Van’s pro se notice of appeal in No. 00-10333 is untimely and therefore does not vest jurisdiction in this court. *See United States v. Vaccaro,*51 F.3d 189, 191 (9th Cir.1995) (“The timely filing of a notice of appeal is a jurisdictional requirement.”). An untimely notice may nonetheless be deemed effective “upon a finding of excusable neglect or good cause.” *See*Fed. R.App. Pro. 4(b)(4). Van appeals in No. 01-10075 the district court’s ruling that there is no excusable neglect that would permit his late filing in No. 00-10333. He argues there is excusable neglect because his trial attorney failed to advise him of his right to appeal and did not file an appeal when he requested one.

The district court found no excusable neglect because Van’s testimony was “implausible,” “inconsistent and evasive,” and “not credible.” Rather, the court credited Van’s attorney’s testimony that she counseled him regarding his appeal rights and that, notwithstanding evidence that Van called her after sentencing, he never requested that she file an appeal. We have no cause to question these credibility determinations. *See United States v. Nelson,*137 F.3d 1094, 1110 (9th Cir.1998) (noting deference owed to trial court’s credibility determinations). Accordingly, we affirm the district court’s ruling in No. 01-10075 and dismiss the appeal in No. 00-10333 for lack of jurisdiction. *See Guam v. Ulloa,*71 F.3d 334, 335 (9th Cir.1995). Our decision makes it unnecessary for us to consider the Government’s alternative argument that Van’s plea agreement waived his right to appeal.

No. 01-10075 is AFFIRMED; No. 00-10333 is DISMISSED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
#### § 190.142 Procedure.

Other provisions of this part will apply to claims for drawback filed under this subpart insofar as applicable to and not inconsistent with the provisions of this subpart.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-0001 E-mail: opa@nrc.gov 

 Web Site: www.nrc.gov

No. 03-032 March 19, 2003

 NRC ANNOUNCES NEW MANAGERIAL APPOINTMENTS

The Nuclear Regulatory Commission has appointed Mr. Ellis Merschoff, currently Regional

Administrator in Arlington, Texas, as Chief Information Officer in NRC headquarters in Rockville,

Maryland. He will begin his new duties in June. 

Mr. Merschoff came to the NRC in 1980, in the former Office of Standards Development and

has held positions of increasing responsibility in the Offices of Nuclear Regulatory Research, Inspection

and Enforcement, and Nuclear Reactor Regulation, and in the Region II office in Atlanta, Georgia. 

Since 1997, he has been the Region IV Administrator. Mr. Merschoff received his Bachelor of Science

degree in Aerospace Engineering from the U.S. Naval Academy and a Master’s of Science in

Mechanical Engineering from the Massachusetts Institute of Technology.

Mr. Merschoff succeeds Stuart Reiter, who has been selected to work on Electronic-Government

initiatives in the Office of Management and Budget beginning in April. Mr. Reiter began his career

with the NRC in May 1999, as Deputy Chief Information Officer and was appointed as Chief

Information Officer in June 2001. Before joining the NRC, Mr. Reiter was Director, Infrastructure with

IMC Global, and served as a consultant with Advanced Systems Development, a federal sector

contractor. He has also held several responsible positions managing information technology for Mobil

Corporation. Mr. Reiter received his B.S. and M.S. degrees in Chemical Engineering from City

College, New York, and attended New York University for graduate studies in computer science.

Beginning in April, Ms. Jacqueline Silber, currently Deputy Chief Information Officer, will

serve as the Acting CIO until June when Mr. Merschoff assumes his new position. Afterwards, Mr.

Thomas P. Gwynn, Deputy Region IV Administrator, will serve as the Acting Region IV Administrator,

pending the selection of the new Regional Administrator.

 ###
#### § 148.106 Excluded articles of merchandise.

The following articles of merchandise have been found to affect the economic interest of the United States adversely, and they are excluded from the application of the flat rate of duty provisions.

[Reserved for listing.]

[T.D. 78-394, 43 FR 49789, Oct. 25, 1978]
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-02-011 March 23, 2002

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

Phone: 817-860-8128

Cellular: 817-917-1227

NRC MONITORED EVENTS AT WATERFORD 3

The U.S. Nuclear Regulatory Commission, Region IV, is monitoring events surrounding an

Alert declared at the Waterford 3 nuclear power plant near Taft, La. The Region IV Incident Response

Center in Arlington, Texas, was staffed today at 11:15 a.m.

Entergy Operations Inc., which operates the Waterford 3 plant, was shutting down the reactor

for a planned refueling outage when valves required to initiate the shutdown cooling system failed to

operate properly. At 10:20 a.m. today plant operators declared an Alert condition in accordance with

procedures. Alert is the second emergency action level in the four-level, NRC-required emergency

response plan for nuclear reactors.

The shutdown cooling system valves were successfully opened and the Alert condition was

terminated at 11:50 a.m. Normal plant cooldown was resumed at about 1:30 p.m. and the NRC closed

its Incident Response Center.

###
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 801 Warrenville Road

 Lisle IL 60532

 Web Site: http://www.nrc.gov 

No. III-03-008 March 13, 2003

CONTACT: Jan Strasma (630) 829-9663 E-mail: opa3@nrc.gov

Viktoria Mitlyng (630) 829-9662 

NRC TO HOLD A PUBLIC MEETING IN ILLINOIS ON EARLY SITE PERMIT 

FOR THE CLINTON SITE 

The Nuclear Regulatory Commission staff will hold a public meeting on March 20 in Clinton,

Illinois, to discuss the review process for an early site permit application from Exelon Generation

Company for its Clinton site, where there is currently one operating reactor.

The meeting will be held in the Revere Ware Room of the Vespasian Warner Public Library,

310 N. Quincy Street, Clinton, Illinois, at 7 p.m. 

Exelon has notified the NRC that it expects to file an application for the Clinton site in June of

this year. An early site permit would allow the applicant to resolve many environmental,

site safety and emergency planning issues before beginning actual construction of a new reactor

facility. Only very limited construction activities could be allowed by the NRC under an early site

permit, provided Exelon met the necessary conditions to perform such activities. If the NRC approves

the new reactor site, Exelon could hold or "bank" the Clinton site for up to 20 years before filing an

application with the NRC for approval to begin construction of a new facility.

The meeting scheduled for March 20 is designed to provide information on the NRC early site

 permit review process, as well as to outline future opportunities for public involvement in that

process. Additional information on the early site permit process is on the NRC’s web site at

www.nrc.gov/reactors/new-licensing/license-reviews/esp.html.

The meeting will include a presentation NRC staff and an opportunity for questions and

 comments from the public. In addition, the NRC staff will be available for informal discussions with

interested members of the public one hour before the meeting.

###
[Federal Register Volume 69, Number 204 (Friday, October 22, 2004)]
[Notices]
[Page 62047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23830]


=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK OF THE UNITED STATES


Sunshine Act Meeting

ACTION: Notice of a partially open meeting of the Board of Directors of 
the Export-Import Bank of the United States.

TIME AND PLACE: Tuesday, October 26, 2004 at 9:30 a.m. The meeting will 
be held at Ex-Im Bank in Room 1143, 811 Vermont Avenue, NW., 
Washington, DC 20571.

OPEN AGENDA ITEM: Shipping Finance Program.

PUBLIC PARTICIPATION: The meeting will be open to public participation 
for Item No. 1 only.

FURTHER INFORMATION: For further information, contact: Office of the 
Secretary, 811 Vermont Avenue, NW., Washington, DC 20571 (Tele. No. 
202-565-3957).

Peter B. Saba,
General Counsel.
[FR Doc. 04-23830 Filed 10-20-04; 12:28 pm]
BILLING CODE 6690-01-M
[if !vml]>[endif]>

[if !vml]>[endif]>

You have reached the FederalDepository Library Program Electronic Collection (FDLP/EC) Archive. Thisarchive assures ongoing access to publications in the FDLP/EC. Access topublications in the archive is available through GPO's suite of cataloging andlocator services, including the Catalog of U.S. Government Publications(CGP).  Archived copies of publications are retrieved in the event thatpublications are no longer available from the original publishing agency site.(Historical purposes)
**Title:****Annual report fy...**
 
2002 | 2003 | 2004 | 2005
 
SuDoc:ID 1.27:SR 3/
Item Number:0900-I-18 (online)
CGP systemNumber:000635686
 
October 31, 2017
###### Editorial Note on Part 142

#### Editorial Note:

Nomenclature changes to part 142 appear by CBP Dec. No. 16-26, 81 FR 93019, Dec. 20, 2016.

#### § 142.44 Entry number range.

After an application for Line Release has received final approval, filers must provide the port director, in writing, with a range of entry numbers for use in the system so that an entry number can be assigned automatically to each Line Release transaction. For the purposes of this subpart, “entry number”, when the release is an immediate delivery, merely refers to the Line Release transaction number; this number does not become the actual entry number until an entry for the merchandise released under the immediate delivery procedure is filed. A separate range must be provided for each Line Release site at the port. These entry numbers shall be used for assignment within the Line Release system. Entry filers shall not assign these numbers to other entry transactions.