alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §288h. Defense of certain constitutional powers

In performing any function under this chapter, the Counsel shall defend vigorously when placed in issue—

(1) the constitutional privilege from arrest or from being questioned in any other place for any speech or debate under section 6 of article I of the Constitution of the United States;

(2) the constitutional power of the Senate to be judge of the elections, returns, and qualifications of its own Members and to punish or expel a Member under section 5 of article I of the Constitution of the United States;

(3) the constitutional power of the Senate to except from publication such parts of its journal as in its judgment may require secrecy;

(4) the constitutional power of the Senate to determine the rules of its proceedings;

(5) the constitutional power of Congress to make all laws as shall be necessary and proper for carrying into execution the constitutional powers of Congress and all other powers vested by the Constitution in the Government of the United States, or in any department or office thereof;

(6) all other constitutional powers and responsibilities of the Senate or of Congress; and

(7) the constitutionality of Acts and joint resolutions of the Congress.

(Pub. L. 95–521, title VII, §709, Oct. 26, 1978, 92 Stat. 1881.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this title", meaning title VII of Pub. L. 95–521, which enacted this chapter, section 5504 of this title, and section 1364 of Title 28, Judiciary and Judicial Procedure, and amended sections 3210, 3216, and 3219 of Title 39, Postal Service. For complete classification of title VII to the Code, see Tables.

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

#### Effective Date

Section effective Jan. 3, 1979, see section 717 of Pub. L. 95–521, set out as a note under section 288 of this title.
#### Annie B. Peters, Appellant, v. Long Island Rail Road Company, Respondent.

The proof presented questions of fact in respect of defendant’s alleged negligence *(Thompson*v. *New York Central & Hudson Riv. R. R. Co.,*110 N. Y. 636, 637; *Lamphear*v. *New York Central & Hudson Riv. R. R. Co.,*194 N. Y. 172, 174), and plaintiff’s alleged contributory negligence. *(Carr*v. *Pennsylvania R. R. Co.,*225 N. Y. 44, 47; *Elias*v. *Lehigh Valley R. R. Co.,*226 N. Y. 154, 157; *Twomley*v. *Central Park North & East Riv. R. R. Co.,*69 N Y. 158, 161; *McClain*v. *Brooklyn City R. R. Co.,*116 N. Y. 459, 469; *Knapp*v. *Barrett,*216 N. Y. 226 230; 2 Wigmore on Evidence [3d ed.], § 461, pp. 488-490.) The case of *Wadsworth*v. *Delaware, Lackawanna & Western R. R. Co.*(296 N. Y. 206, 213), is distinguishable. Here a “ hypothesis * * * based on the evidence ”, accepted by the jury, exonerates the plaintiff from the charge of contributory negligence. Nolan, P. J., Carswell, Johnston and Sneed, JJ., concur; Adel, J., dissents and votes to affirm the order and judgment.
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. 03-041 April 1, 2003

 DR. NILS J. DIAZ NAMED CHAIRMAN OF THE NUCLEAR

 REGULATORY COMMISSION

President George Bush has designated Dr. Nils J. Diaz as Chairman of the Nuclear Regulatory

Commission. 

He succeeds Dr. Richard A. Meserve who left office yesterday.

Dr. Diaz is in his second five-year term as an NRC Commissioner, having begun his first term

on August 23, 1996. His current term runs until June 30, 2006.

In addition to the administrative responsibilities of the Chair, as a member of the Commission

Dr. Diaz participates in the exercise and direction of the NRC’s licensing and regulatory functions. His

duties include policy formulation and rule-making, as well as issuing regulations, related orders, and

guidance for protection of the public health and safety, the common defense and security, and the

environment.

Dr. Diaz is Professor-Emeritus of Nuclear Engineering Sciences at the University of Florida.

Prior to joining the NRC, in addition to his academic duties at the University, he was Director of the

Innovative Nuclear Space Power Institute (INSPI)–a national consortium of industries, universities and

national laboratories–and President and Principal Engineer of Florida Nuclear Associates, Inc.

Dr. Diaz’ career includes 11 years as Director of INSPI for the Defense Department’s Ballistic

Missile Defense Organization, two years in California as Associate Dean for Research at the California

State University Long Beach, one year in Spain as Principal Advisor to Spain’s Nuclear Regulatory

Commission, and six years at nuclear utilities and vendors. From 1971-1996, Dr. Diaz consulted on

nuclear engineering and energetics to private industry, the U.S. Government and several foreign

governments.

Dr. Diaz holds a B.S. degree in Mechanical Engineering from the University of Villanova,

Havana, an M.S. in Nuclear Engineering and a Ph.D. in Nuclear Engineering Sciences from the

University of Florida. He has received formal training and practice in Nuclear Medicine and Health
Physics and was licensed as a Senior Reactor Operator for 12 years by the NRC. He has published

more than 70 refereed papers on reactor kinetics and safety, instrumentation and control, imaging and

non-destructive examination, advanced reactor concepts, nuclear space power and propulsion, and

nuclear fuels. He is a Fellow of the American Nuclear Society, the American Society of Mechanical

Engineers and the American Association for the Advancement of Science.

###
§ 190.166 Destruction of merchandise. ( a ) *Action by the importer.* A drawback claimant who proposes to destroy rather than export the distilled spirits, wine, or beer must state that fact on the drawback entry.
( b ) *Action by CBP.* Distilled spirits, wine, or beer returned to CBP custody at the place approved by the drawback office where the drawback entry was filed must be destroyed under the supervision of the CBP officer who will certify the destruction on CBP Form 7553.
<PAGE>

                                                                    Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. (S)1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Diametrics Medical, Inc. (the
"Company") on Form 10-Q for the period ended June 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, W. Glen
Winchell, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
(S)1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that:

     1.   The Report fully complies with the requirements of Section 13(a) or
          15(d) of the Securities Exchange Act of 1934; and

     2.   The information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Company.


                                                        /s/ W. Glen Winchell
                                                        ------------------------
                                                        W. Glen Winchell
                                                        Chief Financial Officer
                                                        August 14, 2003
[Federal Register Volume 69, Number 199 (Friday, October 15, 2004)]
[Notices]
[Pages 61291-61292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23139]


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

SMALL BUSINESS ADMINISTRATION

[Declaration of Disaster <greek-i>3624]


State of Alabama; Amendment <greek-i>2

    In accordance with notices received from the Department of Homeland 
Security--Federal Emergency Management Agency--effective September 30 
and October 4, 2004, the above numbered declaration is hereby amended 
to establish the incident period as beginning September 13, 2004 and 
continuing through September 30, 2004. The declaration is also amended 
to include Chambers, Colbert, DeKalb, Henry, Houston, Jackson, 
Lauderdale, Limestone, Madison, Morgan, Randolph, and Russell as 
disaster areas due to damages caused by Hurricane Ivan.
    In addition, applications for economic injury loans from small 
businesses located in the contiguous counties of Carroll, Chatahoochie, 
Chattooga, Dade, Early, Heard, Seminole, Troup, and Walker in the State 
of Georgia; and Franklin, Hardin, Giles, Lawrence, Lincoln, Marion, and 
Wayne Counties in the State of Tennessee 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. In addition, Autauga, Baldwin, Bibb, Butler, Chilton, 
Choctaw, Clarke, Coffee, Conecuh, Coosa, Covington, Crenshaw, Dallas, 
Elmore, Escambia, Geneva, Greene, Hale, Jefferson, Lowndes, Marengo, 
Mobile, Monroe, Montgomery, Perry, Pickens, Shelby, Sumter, Talladega, 
Tuscaloosa, Washington, and Wilcox Counties in the State of Alabama are 
also eligible under Public Assistance and our disaster loan program is 
available for private non-profit organizations that provide essential 
services of a governmental nature in those counties.
    The economic injury disaster number assigned to Tennessee is 9AE400 
and the Public Assistance number assigned to Alabama is P06208.
    All other information remains the same, i.e., the deadline for 
filing applications for physical damage is November 15, 2004 and for 
economic injury the deadline is June 15, 2005.


[[Page 61292]]


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

    Dated: October 6, 2004.
Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
[FR Doc. 04-23139 Filed 10-14-04; 8:45 am]
BILLING CODE 8025-01-P
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

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

No. 01-090 July 19, 2001

NRC TO MEET WITH PROPOSED MIXED OXIDE FUEL FACILITY 

APPLICANT TO DISCUSS NRC REQUESTS FOR ADDITIONAL INFORMATION

The Nuclear Regulatory Commission will meet with Duke Cogema Stone & Webster on

July 26, in North Augusta, South Carolina, to clarify NRC requests for information regarding the

consortiumís request to build a mixed oxide (MOX) fuel fabrication facility. 

The Department of Energy is proposing to construct the facility on its Savannah River site near

Aiken, South Carolina, through a contract with a consortium of Duke Engineering & Services,

COGEMA, Inc., and Stone & Webster (together known as DCS). If NRC grants the license, DCS

could build a MOX facility that would convert surplus weapons-grade plutonium, supplied by the

Department of Energy, into fuel for use in a limited number of commercial nuclear power reactors. 

Commercial nuclear power plants in the United States currently use only uranium as fuel; the mixed

oxide fuel would be a combination of uranium and plutonium. There would be no reprocessing or

subsequent reuse of the spent fuel. Converting weapons-grade plutonium into MOX fuel helps advance

the cause of nonproliferation by converting the material into a form unsuitable for use in weapons. 

The meeting will be held from 9 a.m. until 5 p.m. at the North Augusta Community Center, 

495 Brookside Avenue, North Augusta, South Carolina. It will be open to the public for observation. 

Starting the last hour, the NRC will address questions and comments from the public. 

Persons planning to attend the meeting or who would like additional information should contact

Timothy Johnson at 301-415-7299 or Wilkins Smith at 301-415-5788. 

Copies of the February 28 DCS construction application and the NRC June 21 request for

additional information are available through the NRCís on-line Agencywide Documents Access and

Management System (ADAMS) at Accession Numbers ML010650204 and ML011860493,

respectively. Help in using ADAMS is available through the agencyís Public Document Room (PDR)

at 301-415-4737 or 1-800-397-4209. The PDR will also provide a paper copy for a fee. 

###
RAMP GIS UNIT, February 2006

HIRAT

FARAH

HILMAND

GHOR

NIMROZ

KANDAHAR

BADAKHSHAN

URUZGAN

GHAZNI

BALKH

ZABUL

FARYAB

BADGHIS

PAKTIKA

SARI PUL BAGHLAN

BAMYAN

TAKHAR

JAWZJAN

PARWAN

WARDAK

SAMANGAN

KUNDUZ

NURISTAN

PAKTYA

KUNAR

KABUL

NANGARHAR

KHOST

LOGAR

LAGHMAN KAPISA

Hirat

Qalat

Farah

Bamyan

Zaranj

Kunduz

Ghazni

Maymana

Taluqan

Baghlan

Gardeyz

Sari Pul

Asadabad

Kandahar

Samangan

Tirin Kot

Puli Alam

Mihtarlam

Jalalabad

Fayz Abad

Qala-I-Naw

Shibirghan

Chaharikar

Chaghcharan

Mahmud Raqi

Lashkar Gah

Khost (Matun)

Mazari Sharif

Kowt-e Ashrow

Nuristan(Parun)

Sharan Woluswali

AFGHANISTAN

SELECTED RAMP ACTIVITIES

0 75 150 300 Kilometers

HILMAND

KANDAHAR

KANDAHAR

Kandahar

KABUL

PARWAN

KAPISA

Chaharikar Mahmud Raqi

NANGARHAR

LAGHMAN

KUNAR

Jalalabad

NOTE:

Base layer information such as

boundaries, province centers

and place names courtesy of AIMS.

LEGEND

BOUNDARIES

International

Province

Province

Water Harvesting

Canal Rehabilitation

Road Rehabilitation

Priority Provinces

ACTIVITIES

Potato Seed Production

Orchard

Karez Cleaning

On Farm Demonstration

HIRAT

Hirat

KUNDUZ

TAKHAR

BAGHLAN

Kunduz Taluqan

JAWZJAN BALKH

SARI PUL

Mazari Sharif

CENTERS

HILMAND

KANDAHAR

Lashkar Gah

0 10 20 40 Km

0 10 20 40 Km

0 10 20 40 Km

0 5 10 20 30 Km

0 10 20 40 Km

0 10 20 40 Km

0 10 20 40 Km 0 5 10 20 Km

Proposed Canal

Rehabilitation
Exhibit 21.0
**Subsidiaries of Technical Olympic USA, Inc.**     Name Jurisdiction Doing Business as NamesAlliance Insurance and Information Services, LLC Florida  Engle Homes Delaware, Inc. Delaware  Engle Homes Reinsurance Limited Turks and Caicos    Islands  Engle Homes Residential Construction, L.L.C. Arizona  Engle/James LLC Colorado  McKay Landing LLC Colorado  Newmark Homes Business Trust Delaware  Newmark Homes, LLC Delaware  Newmark Homes, L.P. Texas Newmark Homes    Fedrick, Harris Estate Homes    Marksman Homes    Engle Homes/Texas    Engle HomesNewmark Homes Purchasing, L.P. Texas  Preferred Builders Realty, Inc. Florida  Preferred Home Mortgage Company Florida  Prestige Abstract & Title, L.L.C. Florida  Professional Advantage Title, Ltd. Florida  Silverlake Interests, L.C. Texas  The Century Title Agency, Ltd. Florida  TOI, LLC Delaware  TOUSA Associates Services Company Delaware Newmark Homes RealtyTOUSA Delaware, Inc. Delaware  TOUSA Financing, Inc. Delaware  
 

 
     Name Jurisdiction Doing Business as NamesTOUSA Homes, Inc. Florida Engle Homes    Engle Homes/Arizona    Engle Homes Arizona    Engle Homes Broward    Engle Homes Colorado    Engle Homes Colorado, a division of    TOUSA Homes, Inc.    Engle Homes Orlando    Engle Homes South Florida    Engle Homes Southwest Florida    Engle Homes Palm Beach    Engle Homes Pembroke    Engle Homes Texas    Engle Homes Virginia    Gilligan Homes    Trophy HomesTOUSA HomesInvestment #1, Inc. Delaware  TOUSA HomesInvestment #2, Inc. Delaware  TOUSA HomesInvestment #2, LLC Delaware  TOUSA HomesInvestment #1, L.P. Delaware  TOUSA Homes, L.P. Delaware TOUSA Homes I, L.P.TOUSA Investment #1, Inc. Delaware  TOUSA Investment #2, Inc. Delaware  TOUSA Investment #1, LLC Delaware  TOUSA Investment #2, LLC Delaware  TOUSA Investment #3, LLC Delaware  TOUSA Investment #4, LLC Delaware  TOUSA Investment #5, LLC Delaware  TOUSA/Kolter Holdings, LLC Delaware  TOUSA/Kolter, LLC Delaware  TOUSA, LLC Delaware TOUSA I, LLCTOUSA Mid-Atlantic Investment, LLC Delaware  TOUSA Ventures, LLC Florida  Universal Land Title, Inc. Florida  Universal Land Title Investment #1, L.L.C. Florida  Universal Land Title Investment #2, L.L.C. Florida  Universal Land Title Investment #3, L.L.C. Florida  Universal Land Title Investment #4, L.L.C. Florida  Universal Land Title of Colorado, Inc. Colorado  Universal Land Title of South Florida, Ltd. Florida  Universal Land Title of North Texas, LLC Delaware  Universal Land Title of Texas, Inc. Texas  Universal Land Title of the Palm Beaches, Ltd. Florida  WPines Developers, L.L.C. Texas  Woodland Pines, L.P. Texas
#### Albert A. Volk Company, Inc., Appellant v. Fleschner Bros. Inc., et al., Respondents.

Order entered November 26,1947, unanimously affirmed, with $20 costs and disbursements to the respondents. No opinion. Present — Dore, J. P., Callahan, Van Voorhis and Shientag, JJ.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION III

 801 Warrenville Road

 Lisle IL 60532

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

No. III-02-011 (revised) March 28, 2002

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

CORRECTED RELEASE - NEW MEETING LOCATION:

Missouri National Guard Armory

2740 Highway P

Festus, Missouri

(3 1⁄2 miles north of Festus)

NRC TO HOLD PUBLIC MEETING ON DECOMMISSIONING ACTIVITIES

FOR HEMATITE, MISSOURI, FUEL PROCESSING FACILITY

The Nuclear Regulatory Commission staff will hold a public meeting Wednesday, April 3, in

Hematite, Missouri, to discuss the agency’s activities associated with the decommissioning of the

Westinghouse nuclear fuel processing plant at Hematite. State of Missouri personnel will also

participate in the meeting.

The meeting will be at 6 p.m. in the First Christian Church Hematite on Highway P in

Hematite.

There will be two portions of the meeting. The first portion will be between the NRC staff,

state personnel, and Westinghouse officials to discuss an amendment of the company’s NRC license

covering the cessation of operations and preparations for decommissioning. Current issues in the

environmental monitoring program will also be discussed.

The second portion of the meeting -- expected to begin about 7 p.m. -- will be conducted by the

NRC staff and the State of Missouri to describe NRC and state activities during the decommissioning

of the plant. Brief presentations by the NRC and the state will be followed by a question-and-answer

session for the public attending the meeting.

The Hematite facility processed uranium and fabricated fuel for use in commercial nuclear

power plants. Manufacturing activities were halted in June of last year, and Westinghouse

consolidated its fuel production in its South Carolina facility.

# # #
UNITED STATES ENVlRONM ENTAL PROTE REaIoN IX 75 Hawthomo Stmt San Frandww, CA



### Mr. Leroy Williams Air Monitoring ProjectLeader Gila River Indian Community Department of Environmental Quality 35 Pirna Street Sacaton, Arizona 85247 SUEJECT: Revim ofthe -C Trojccf Plan for the Ambient Air MonitoringProgram (USEPA QA Office 

### DocumentControl Number AIRP0121QVl) 

### Dear Mr. Williams: 

### Thank you for submittingthe Quality AssuranceProject Plan (QAPP) for the 

### Gila River 

### Indian Community Ambient Air Quality Monitoring Program, dated September 12, 2006. We have reviewed the plan and have approved it for collectionof environmental data. One minor correction should be made to the PMlO (particulate mater 10

### microns or less in aerodynamic diameter) portion ofthe plan (Volume 

### II). References to 40 CFR part 50, Appendix M should 

### be revised to read Appendix 

### J. 

### When EPA revised the PMlO NAAQS 

### in 1997we developed a new Appendix M detailing the reference method for measuring PMlO in the atmosphere. This appendix was subsequently rescinded by EPA 

### as a result of a legal challengeto the revised PMlONAAQS. The applicable appendix which details the reference method for PMlO is 40 CFR part 50, Appendix 

### J. If you have any questionsregarding EPA quality assurance

### requirementsplease contact Mathew Plate, USEPA Region 9 QA Office at 

### (415) 972-3799. Questions rcgar3ingETA ~mnbkrttir monitoring requi~ementsstnmfd -td to 

### Ech

### Wi, USEPA Region 9 Air Division Technical Support Office at (415) 947-4128. Again, we appreciate your agency's efforts

### in preparing this plan. We look forward to continuingto work with you 

### as this program progresses. Sincerely,

Eugenia McNaughton, Manager Policy 

### and Management Division Quality Assurance Office Sean Hogan, Manager Air Division Technical Support

### Office
#### § 208.18 Notification of other agencies.

For each investigation subject to the provisions of this part 208, the Commission will transmit copies of the petition, request, or resolution to the Trade Representative and the Secretary of Transportation, along with a copy of the notice of investigation.
§ 191.153 Continuous Customs custody. ( a ) *Merchandise released under an importer's bond and returned.* Merchandise released to an importer under a bond prescribed by § 142.4 of this chapter and later returned to the public stores upon requisition of the appropriate Customs office shall not be deemed to be in the continuous custody of Customs officers.
( b ) *Merchandise released under Chapter 98, Subchapter XIII, Harmonized Tariff Schedule of the United States (HTSUS).* Merchandise released as provided for in Chapter 98, Subchapter XIII, HTSUS (19 U.S.C. 1202), shall not be deemed to be in the continuous custody of Customs officers.
( c ) *Merchandise released from warehouse.* For the purpose of this subpart, in the case of merchandise entered for warehouse, Customs custody shall be deemed to cease when estimated duty has been deposited and the appropriate Customs office has authorized the withdrawal of the merchandise.
( d ) *Merchandise not warehoused, examined elsewhere than in public stores* — ( 1 ) *General rule.* Except as stated in paragraph (d)(2) of this section, merchandise examined elsewhere than at the public stores, in accordance with the provisions of § 151.7 of this chapter, shall be considered released from Customs custody upon completion of final examination for appraisement.
( 2 ) *Merchandise upon the wharf.* Merchandise which remains on the wharf by permission of the appropriate Customs office shall be considered to be in Customs custody, but this custody shall be deemed to cease when the Customs officer in charge accepts the permit and has no other duties to perform relating to the merchandise, such as measuring, weighing, or gauging.