alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NRC NEWS U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Region IV 

 611 Ryan Plaza Drive - Suite 400

 Arlington, TX 76011-4005

No. IV-05-014 April 26, 2005

Contact: Victor Dricks E-Mail: opa4@nrc.gov

Phone: 817-860-8128

NRC TO DISCUSS 2004 PERFORMANCE ASSESSMENT

FOR SAN ONOFRE NUCLEAR GENERATING STATION

The U.S. Nuclear Regulatory Commission staff will meet with representatives of

Southern California Edison Co. on May 3 to discuss the results of the agency’s assessment of

safety performance at the San Onofre Nuclear Generating Station. The plant is located near San

Clemente, Calif.

The meeting will be held at 6 p.m. at the Country Plaza Inn, 35 Via Pico Plaza, San

Clemente. Before the session is adjourned , NRC staff will be available to answer questions

from the public on the plant’s safety performance, as well as the agency’s role in ensuring safe

operation of the facility.

“Each year the NRC staff evaluates the performance of each of the nation’s commercial

nuclear plants,” said Region IV Administrator Bruce S. Mallett. “The meeting gives us a chance

to discuss our assessment with the company, local officials and residents near the plant. We

want to make this information available to the public and answer any questions people may have

about the plant.”

Overall, San Onofre operated safely during 2004. However, the number of unplanned

reactor shutdowns exceeded a performance threshold during the second, third and fourth quarters

of 2004. A supplemental inspection concluded that the company had successfully evaluated

deficiencies contributing to the problems and taken corrective action. NRC plans to conduct

routine inspections during 2005.

Routine inspections are performed by the NRC Resident Inspectors assigned to the plant

and by inspection specialists from the Region IV office in Arlington, Texas, and the agency’s

headquarters in Rockville, Md.
 A letter from the Region IV office to plant officials will serve as the basis for the

meeting. It is available on the NRC web site at:

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/sano_2004q4.pdf .

Current information for San Onofre is available on the NRC web site at:

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/SANO2/sano2_chart.html and

http://www.nrc.gov/NRR/OVERSIGHT/ASSESS/SANO3/sano3_chart.html .

###
**EXHIBIT 23.1**

 

**INDEPENDENT AUDITOR’S CONSENT**

 

The Board of Directors 

Barbeques Galore Limited: 

 

We consent to the incorporation by reference in the Registration Statements (Nos. 333-46529, 333-52530 and 333-52532) on Form S-8 ofBarbeques Galore Limited of our report dated March 20, 2003 relating to the consolidated balance sheets of Barbeques Galore Limited and subsidiaries as of January 31, 2003 and 2002 and the related consolidated statements of operations and othercomprehensive income (loss), shareholders’ equity and cash flows for the years ended January 31, 2003, 2002 and 2001, which report appears in the January 31, 2003 Annual Report on Form 20-F of Barbeques Galore Limited and to the reference toour firm under the heading “Selected Financial Data” in the Form 20-F. 

 

/s/    KPMG 

KPMG 

May 1, 2003 

Sydney, Australia
### [§3906. Repealed. Pub. L. 105–362, title XIII, §1301(c)(1), Nov. 10, 1998, 112 Stat. 3293]

Section, added Pub. L. 97–452, §1(18)(A), Jan. 12, 1983, 96 Stat. 2476, §3905; renumbered §3906 and amended Pub. L. 100–496, §§9(a)(1), 10, Oct. 17, 1988, 102 Stat. 2460, 2463, required submission of reports to Director of the Office of Management and Budget by 60th day after end of fiscal year by head of each agency concerning agency's payment practices during that fiscal year.

A prior section 3906 was renumbered section 3907 of this title.
§ 162.79 Determination as to violation. ( a ) *No violation.* If, after considering any presentations made in response to the prepenalty notice, the Fines, Penalties, and Forfeitures Officer determines that there was no violation by the person named in the prepenalty notice, he promptly shall notify the person in writing of that determination and that no claim for a monetary penalty will be issued.
( b ) *Violation* — ( 1 ) *Written notice of claim.* If, after considering any presentations made in response to the prepenalty notice, the Fines, Penalties, and Forfeitures Officer determines that there was a violation by the person named in the prepenalty notice, he promptly shall issue a written notice of a claim for a monetary penalty to that person.
( 2 ) *Contents.* The notice of a claim for a monetary penalty shall contain any changes in the information provided in the prepenalty notice, and shall inform the person of his right to apply for relief under section 618, Tariff Act of 1930, as amended (19 U.S.C. 1618), in accordance with part 171 of this chapter. If the person to whom the notice is issued is liable for any actual loss of duties recoverable under section 592(d), Tariff Act of 1930, as amended (19 U.S.C. 1592(d)), the notice shall identify the entries involved, state the amount of duties payable and how it was calculated, and require the person to deposit or arrange for payment of the duties within 30 days of the date of the notice.
[T.D. 72-211, 37 FR 16488, Aug. 15, 1972, as amended by T.D. 84-18, 49 FR 1680, Jan. 13, 1984; T.D. 99-27, 64 FR 13676, Mar. 22, 1999]
#### UNITED STATES of America, Plaintiff-Appellee, v. Eleodoro RAMOS-MORA, Defendant-Appellant.

No. 05-51146.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 24, 2006.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Philip J. Lynch, Federal Public Defender’s Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.

*350Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Appealing the Judgment in a Criminal Case, Eleodoro Ramos-Mora raises arguments that are foreclosed by *Almendarez-Torres v. United States,*523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
NRC NEWS U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Region IV 

 611 Ryan Plaza Drive - Suite 400

 Arlington, TX 76011-4005

No. IV-05-001 January 13, 2005

Contact: Victor Dricks E-Mail: opa4@nrc.gov

Phone: 817-860-8128

NRC STAFF TO MEET WITH STP NUCLEAR OPERATING CO.

 TO DISCUSS ADOPTION OF NEW REGULATORY INITIATIVE

Nuclear Regulatory Commission staff will meet with representatives of the STP Nuclear

Operating Co. on Tuesday, January 18, to discuss an NRC initiative that would provide greater

flexibility in scheduling repairs without increasing the risk of a safety problem at the South Texas

Project nuclear plant near Bay City, Tex.

The meeting, which will be open to public observation, will be held from 12 to 2 p.m. at

NRC’s Region IV office at 611 Ryan Plaza Drive, Arlington, Tex. Before the session is

adjourned, NRC staff will be available to answer questions from the public. 

STP is participating in an NRC pilot program to test a risk-informed regulatory initiative. 

The proposed change to the plant’s technical specifications would permit the company to extend

the time to repair systems, structures and components on the basis of their risk significance.

###
EXHIBIT 32.1

                            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 of American Bio Medica Corporation
(the "Company") on Form 10-QSB for the period ending September 30, 2005 as filed
with the Securities and Exchange Commission on November 8, 2005 (the "Report"),
I, Stan Cipkowski, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. ss. 1350, as adopted pursuant to ss. 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/ Stan Cipkowski
                                                     ------------------
                                                     Chief Executive Officer

                                                     November 8, 2005
[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Page 62450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23914]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1554-DR]


Georgia; Amendment No. 3 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Georgia (FEMA-1554-DR), dated September 18, 2004, and 
related determinations.

EFFECTIVE DATE: October 14, 2004.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Georgia is hereby amended to include the following 
areas among those areas determined to have been adversely affected by 
the catastrophe declared a major disaster by the President in his 
declaration of September 18, 2004:

Clayton County for Individual Assistance.
Forsyth County for Individual Assistance (already designated for Public 
Assistance).
Pike and Upson Counties for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050, 
Individuals and Households Program--Other Needs, 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 04-23914 Filed 10-25-04; 8:45 am]
BILLING CODE 9110-10-P
* Pursuant to 5th CIR. R. 47.5, the court has determined that this

opinion should not be published and is not precedent except under the

limited circumstances set forth in 5th CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-40341

Summary Calendar

SERGIO HIRAM ALVIDREZ,

Plaintiff-Appellant,

versus

KENNETH W. WILLIAMS, Assistant Warden; CHARLES BELL; ERNEST H.

GUTERREZ, JR.; STEVE SANGSTER; EMIL C. GARZA; BRUCE V. PETERSON;

MICHAEL BAILEY

Defendants-Appellees.

Appeal from the United States District Court

for the Southern District of Texas

(V-96-CV-8)

December 16, 1998

Before JOHNSON, DUHE, and STEWART, Circuit Judges.

PER CURIAM:*

Sergio Hiram Alvidrez, Texas prisoner no. 512255, appeals the

district court’s order dismissing his 42 U.S.C. § 1983 claims as

frivolous. After reviewing the record and Alvidrez’s arguments on

appeal, we AFFIRM for the reasons given by the district court. See

Alvidrez v. Williams, G-96-CV-008 (S.D. Tex., Feb. 26, 1998).
2
#### § 1206.8 Providing information to the public.

Information available to the public under this part will be made available by the Office of the Clerk of the Board, U.S. Merit Systems Protection Board, 1615 M Street, NW., Washington, DC 20419. Individuals or organizations with a special interest in activities of the Board may ask the Office of the Clerk to have them placed on a mailing list for receipt of information available under this part.

[54 FR 20367, May 11, 1989, as amended at 65 FR 48886, Aug. 10, 2000]
### §6620. Provision of services and equipment on a reimbursable basis

#### (a) In general

Subject to the approval of the Committee on Rules and Administration of the Senate, the Sergeant at Arms and Doorkeeper of the Senate may provide services and equipment funded by appropriations available to the Senate to persons and entities not funded by such appropriations.

#### (b) Reimbursement required

The provision of services and equipment under subsection (a) shall be on a reimbursable basis.

#### (c) Crediting of reimbursed amounts

In the case of services or equipment provided under subsection (a) that were procured using amounts available to the Sergeant at Arms and Doorkeeper of the Senate in the account for Contingent Expenses, Sergeant at Arms and Doorkeeper of the Senate, amounts received under subsection (b) as reimbursement for the provision of such services or equipment shall be credited to that account or, if applicable, to any subaccount of that account. Amounts credited to any such account or subaccount shall be merged with amounts in that account or subaccount and shall be available to the same extent, and subject to the same terms and conditions, as amounts in that account or subaccount.

#### (d) Effective date

This section shall apply to fiscal year 2004 and each succeeding fiscal year.

(Pub. L. 108–83, title I, §9, Sept. 30, 2003, 117 Stat. 1013.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 61f–11 of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2004.
#### § 171.22 Decisions effective for limited time.

A decision to mitigate a penalty or to remit a forfeiture upon condition that a stated amount is paid will be effective for not more than 60 days from the date of notice to the petitioner of such decision unless the decision itself prescribes a different effective period. If payment of the stated amount or arrangements for such payment are not made, or a supplemental petition is not filed in accordance with regulation, the full penalty or claim for forfeiture will be deemed applicable and will be enforced by promptly referring the matter, after required collection action, if appropriate, to the appropriate Office of the Chief Counsel for preparation for referral to the Department of Justice unless other action has been directed by the Commissioner of Customs.
§ 1636.110 Self-evaluation. ( a ) The agency shall, by November 28, 1994, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this part and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications.
( b ) The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the self-evaluation process by submitting comments (both oral and written).
( c ) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: ( 1 ) A description of areas examined and any problems identified; and
( 2 ) A description of any modifications made.
[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Notices]
[Page 62466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-23902]


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

NUCLEAR REGULATORY COMMISSION


Advisory Committee on Reactor Safeguards Subcommittee Meeting on 
Safeguards and Security; Notice of Meeting

    The ACRS Subcommittee on Safeguards and Security will hold a closed 
meeting on November 3, 2004, Room T-8E8, 11545 Rockville Pike, 
Rockville, Maryland.
    The entire meeting will be closed to public attendance to protect 
information classified as national security information and safeguards 
information pursuant to 5 U.S.C. 552b(c)(1) and (3).
    The agenda for the subject meeting shall be as follows:

Wednesday, November 3, 2004--8:30 a.m. until 11:30 a.m.

    The Subcommittee will hear presentations from the NRC staff, NRC 
staff consultants, and representatives of the industry regarding 
safeguards and security issues. The purpose of this meeting is to 
gather information, analyze relevant issues and facts, and formulate 
proposed positions and actions, as appropriate, for deliberation by the 
full Committee.

FOR FURTHER INFORMATION CONTACT: Mr. Richard K. Major (telephone: 301-
415-7366) or Dr. Richard P. Savio (telephone: 301-415-7362) between 
7:30 a.m. and 4:15 p.m. (e.t.).

    Dated: October 19, 2004.
John H. Flack,
Acting Branch Chief, ACRS/ACNW.
[FR Doc. 04-23902 Filed 10-25-04; 8:45 am]
BILLING CODE 7590-01-P
#### Louisa Cox, Appellant, v. Gilbert I. Smith, an Infant, by Willard B. Vander Voort, His Guardian ad Litem, Respondent.

*1021No opinion. Present — Close, P. J., Hagarty, Carswell, Johnston and Adel, JJ.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS -- REGION I

 475 Allendale Road

 King of Prussia, PA 19406

No. I-03-016 March 20, 2003 

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

Neil A. Sheehan, (610) 337-5331

NRC APPROVES RELOCATION OF EMERGENCY OPERATIONS FACILITY

FOR THREE MILE ISLAND 1 NUCLEAR POWER PLANT

 The Nuclear Regulatory Commission has approved a request to consolidate the Emergency

Operations Facility (EOF) for the Three Mile Island 1 nuclear power plant with the EOF currently

serving both the Limerick and Peach Bottom nuclear power plants. AmerGen Energy Company, LLC,

which owns and operates Three Mile Island 1, submitted the request to the NRC last July.

 Specifically, AmerGen asked for permission to shift the Three Mile Island 1 EOF from its

current location about 12 miles from the Middletown, Pa., plant to an EOF in Coatesville, Pa. That

facility, located about 50 miles from Three Mile Island 1, already serves Limerick and Peach Bottom. 

Limerick and Peach Bottom are owned and operated by Exelon, which owns half of AmerGen. When

used by Three Mile Island, the EOF would be staffed by employees from the company’s corporate

office in Kennett Square, Pa. Those individuals would receive training that is specific to Three Mile

Island systems.

 In accordance with NRC policy, any move of an EOF to a site more than 25 miles from a

plant must be approved by the Commission.

 After receiving the AmerGen request, the NRC sent an emergency preparedness specialist to

visit the current and combined EOFs, discuss the issues involved in the proposed move and evaluate

the facilities. The agency also requested additional information from the company, which it provided.

 Based on the information gathered, the NRC has concluded that, with the EOF consolidation,

there is reasonable assurance that public health and safety would be maintained in the event of an

emergency at Three Mile Island 1. The agency has also concluded the consolidation would not reduce

the effectiveness of the emergency response capabilities for any of the three plants using the EOF.

 NRC staff will closely monitor the consolidation process and ensure through the agency’s

inspection program that communication and coordination between the company, the public and county,

state and federal agencies are not adversely impacted.
 Three Mile Island 1’s Joint Public Information Center, where members of the media would be

briefed in the event of an emergency at the plant, will remain at its current location in Harrisburg, Pa.

###
§ 2100.2 Definitions. ( a ) All terms used in this part which are defined in 5 U.S.C. 552a, as amended, shall have the same meaning herein.
( b ) *Agency,* as used in this part, means the Armed Forces Retirement Home (AFRH).
( c ) Facility or facilities refers to the continuing care retirement communities of the U.S. Soldiers' and Airmen's Home (USSAH) and the U.S. Naval Home (USNH), which are incorporated within the Armed Forces Retirement Home (AFRH).
( d ) *Access* means providing a copy of a record to, or allowing review of the original record by, the individual or the individual's authorized representative, legal guardian or conservator.
### §6563. Payment of certain expenses

#### (a) In general

Subject to the approval of the Committee on Appropriations of the Senate, if in any fiscal year amounts in any appropriations account under the heading "SENATE" under the heading "LEGISLATIVE BRANCH" are available for more than 1 fiscal year, the Secretary of the Senate may establish procedures for the payment of expenses with respect to that account from any amounts available for that fiscal year.

#### (b) Effective date

This section shall apply to fiscal year 2012 and each fiscal year thereafter.

(Pub. L. 112–74, div. G, title I, §1, Dec. 23, 2011, 125 Stat. 1118.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 68f of this title prior to editorial reclassification and renumbering as this section.

Section is from the Legislative Branch Appropriations Act, 2012, which is div. G of the Consolidated Appropriations Act, 2012.
### SUBCHAPTER VII—PERMITS TO PROSPECT FOR CHLORIDES, SULPHATES, CARBONATES, BORATES, SILICATES, OR NITRATES OF POTASSIUM