alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
I 

108TH CONGRESS 

1ST SESSION H. R. 1361

To direct the Secretary of the Interior to conduct a special resource study 

to determine the national significance of the Miami Circle site in the 

State of Florida as well as the suitability and feasibility of its inclusion 

in the National Park System as part of Biscayne National Park, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 19, 2003

Mr. MEEK of Florida (for himself, Ms. ROS-LEHTINEN, Mr. BOYD, Ms. 

CORRINE BROWN of Florida, Ms. GINNY BROWN-WAITE of Florida, Mr. 

BILIRAKIS, Mr. DAVIS of Florida, Ms. HARRIS, Mr. GOSS, Mr. FOLEY, 

Mr. WEXLER, Mr. LINCOLN DIAZ-BALART of Florida, Mr. DEUTSCH, Mr. 

SHAW, Mr. HASTINGS of Florida, Mr. FEENEY, and Mr. MARIO DIAZBALART of Florida) introduced the following bill; which was referred to 

the Committee on Resources 

A BILL

To direct the Secretary of the Interior to conduct a special 

resource study to determine the national significance of 

the Miami Circle site in the State of Florida as well 

as the suitability and feasibility of its inclusion in the 

National Park System as part of Biscayne National 

Park, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1361 IH 

1 SECTION 1. SPECIAL RESOURCE STUDY. 

2 (a) STUDY.—Not later than 3 years after the date 

3 funds are made available for this section, the Secretary 

4 of the Interior (hereinafter referred to as the ‘‘Secretary’’) 

5 shall conduct a special resource study to determine the 

6 national significance of the Miami Circle archeological site 

7 in Miami-Dade County, Florida (hereinafter referred to as 

8 ‘‘Miami Circle’’), as well as the suitability and feasibility 

9 of its inclusion in the National Park System as part of 

10 Biscayne National Park. In conducting the study, the Sec11 retary shall consult with the appropriate American Indian 

12 tribes and other interested groups and organizations. 

13 (b) CONTENT OF STUDY.—In addition to deter14 mining national significance, feasibility, and suitability, 

15 the study shall include the analysis and recommendations 

16 of the Secretary on—

17 (1) any areas in or surrounding the Miami Cir18 cle that should be included in Biscayne National 

19 Park; 

20 (2) whether additional staff, facilities, or other 

21 resources would be necessary to administer the 

22 Miami Circle as a unit of Biscayne National Park; 

23 and 

24 (3) any effect on the local area from the inclu25 sion of Miami Circle in Biscayne National Park. 
3

•HR 1361 IH 

1 (c) SUBMISSION OF REPORT.—Not later than 30 

2 days after completion of the study, the Secretary shall 

3 submit a report on the findings and recommendations of 

4 the study to the Committee on Energy and Natural Re5 sources of the Senate and the Committee on Resources 

6 of the United States House of Representatives. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

8 are authorized to be appropriated such sums as are nec9 essary to carry out this section.

Æ
*After examining appellant’s brief and the appellate record, this panel has

determined unanimously that oral argument would not materially assist the

determination of this appeal. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1.9. 

The case is therefore ordered submitted without oral argument. This Order and

Judgment is not binding precedent, except under the doctrines of law of the case,

res judicata, and collateral estoppel. The court generally disfavors the citation of

orders and judgments; nevertheless, an order and judgment may be cited under the

terms and conditions of 10th Cir. R. 36.3.

F I L E D

United States Court of Appeals

Tenth Circuit

AUG 10 1998

PATRICK FISHER

Clerk

UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

v.

JOHN MARTIN NOBLE,

Defendant-Appellant.

No. 97-6354

(D.C. Nos. 95-CR-167-R

& 97-CIV-1208-R)

(W.D. Okla.)

ORDER AND JUDGMENT*

Before BALDOCK, EBEL and MURPHY, Circuit Judges.

On January 24, 1996, pursuant to a plea agreement, the defendant in this

case pleaded guilty to one count of being a felon in possession of a firearm and

one count of possession of a controlled substance (methamphetamine) with intent

to distribute. (See R., Doc. #15.) On March 25, 1996, the district court imposed

a sentence of 135 months in prison. (See R., Doc. #21.) The defendant failed to
- 2 -

file a notice of appeal within the ten days allotted by Fed. R. App. P. 4(b), and as

a consequence, the judgment of his conviction became final on April 4, 1996. On

July 23, 1997, the defendant filed a motion under 28 U.S.C. § 2255 claiming that

his Sixth Amendment right to effective assistance of counsel was violated by his

lawyer’s failure to raise an ex post facto challenge to his sentence. (See R., Doc.

#28.) The district court denied this motion as untimely, denied the defendant’s

subsequent request for a certificate of appealability, and denied his request to

proceed on appeal in forma pauperis. (See R., Doc. #34, 38, & 40.)

In United States v. Simmonds, 111 F.3d 737, 746 (10th Cir. 1997), this

court held that a defendant whose conviction became final before the effective

date of the Antiterrorism and Effective Death Penalty Act, i.e., before April 24,

1996, had until April 23, 1997, to file a motion under 28 U.S.C. § 2255. The

defendant’s conviction became final on April 3, 1996, and as a result, he had until

April 23, 1997, to file his § 2255 motion. See Simmonds, 111 F.3d at 746. The

defendant failed to meet this deadline, and as a result, we can see no justification

for granting the requested certificate of appealability under 28 U.S.C. § 2253.

Additionally, in light of the fact that the appellant has paid his appellate

filing fee, his motion to proceed in forma pauperis is moot.
- 3 -

For the foregoing reasons, we DENY the appellant’s motion to proceed in

forma pauperis; we DENY the appellant’s petition for a certificate of

appealability, and we DISMISS this appeal.

The mandate shall issue forthwith.

ENTERED FOR THE COURT

David M. Ebel

Circuit Judge
§ 110.102 What are Agency responsibilities? ( a ) Agencies will make regulations available for review by employees, managers, and other interested parties. Federal agencies receiving the notices of rulemaking described in § 110.101(b) will make those regulations available for review upon request. Each agency will complete the posting notice described in § 110.101(a) indicating where and how requests to review these materials should be made.
( b ) Agencies will determine posting locations and, if desired, develop supplemental announcements. Agencies will display completed posting notices in a prominent place where the notices can be easily seen and read. Agencies will choose the posting location that best fits their physical layout. Agencies may supplement these postings with announcements in employee newsletters, agency Web sites, or other communication methods. The basic requirement to post the notice continues, however, even if supplemental announcement methods are used.
( c ) Agencies will post notices of the new regulations even if the Federal Register comment date has passed. The public comment period on proposed regulations begins when a notice of proposed rulemaking is published in the Federal Register, not with the posting of the notice described in § 110.101(a). The purpose of posting notice is solely to inform agency personnel of changes. Agencies are required to post the posting notice even if the formal deadline for comments shown in the preamble of the Federal Register notice of rulemaking has passed. Agencies should make every reasonable effort to minimize delays in distributing the notice described in § 110.101 to their field offices.
( d ) No fixed posting period. There are no minimum or maximum time limits on displaying the notice described in § 110.101(a). Each office receiving a notice for posting should choose the posting period which provides the best opportunity to inform managers and employees of regulatory changes based upon office layout, geographic dispersion of employees, and other local factors.
§ 2412.15 Exemptions. ( a ) *Files of FLRA's Office of Inspector General (OIG) compiled for the purpose of a criminal investigation and for related purposes.* Pursuant to 5 U.S.C. 552a(j)(2), the FLRA hereby exempts the system of records entitled “FLRA/OIG-1, Office of Inspector General Investigative Files,” insofar as it consists of information compiled for the purposes of a criminal investigation or for other purposes within the scope of 5 U.S.C. 552a(j)(2), from the application of 5 U.S.C. 552a, except for 5 U.S.C. 552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), (11) and (i).
( b ) *OIG files compiled for other law enforcement purposes.* Pursuant to 5 U.S.C. 552a(k)(2), the FLRA hereby exempts the system of records entitled “FLRA/OIG-1, Office of Inspector General Investigative Files,” insofar as it consists of information compiled for law enforcement purposes other than material within the scope of 5 U.S.C. 552a(j)(2), from the application of 5 U.S.C. 552a, (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).
### §6713. Suspension and termination of payments in discrimination proceedings

(a) Imposition and Continuation of Suspensions.—

(1) In general.—The Secretary shall suspend payment under this chapter to a unit of general local government—

(A) if an administrative law judge appointed under section 3105 of title 5, United States Code, issues a preliminary decision in a proceeding under section 6712(d)(1) that the government is not likely to prevail in showing compliance with section 6711(a) and (b);

(B) if the administrative law judge decides at the end of the proceeding that the government has not complied with section 6711(a) or (b), unless the government makes a compliance agreement under section 6714 by the 30th day after the decision; or

(C) if required under section 6712(c).

(2) Effectiveness.—A suspension already ordered under paragraph (1)(A) continues in effect if the administrative law judge makes a decision under paragraph (1)(B).

(b) Lifting of Suspensions and Terminations.—If a holding of discrimination is reversed by an appellate court, a suspension or termination of payments in a proceeding based on the holding shall be discontinued.

(c) Resumption of Payments Upon Attaining Compliance.—The Secretary may resume payment to a unit of general local government of payments suspended by the Secretary only—

(1) as of the time of, and under the conditions stated in—

(A) the approval by the Secretary of a compliance agreement under section 6714(a)(1); or

(B) a compliance agreement entered into by the Secretary under section 6714(a)(2);

(2) if the government complies completely with an order of a United States court, a State court, or administrative law judge that covers all matters raised in a notice of noncompliance submitted by the Secretary under section 6712(a);

(3) if a United States court, a State court, or an administrative law judge decides (including a judge in a proceeding under section 6712(d)(1)), that the government has complied with sections 1 6711(a) and (b); or

(4) if a suspension is discontinued under subsection (b).

(d) Payment of Damages as Compliance.—For purposes of subsection (c)(2), compliance by a government may consist of the payment of restitution to a person injured because the government did not comply with section 6711(a) or (b).

(e) Resumption of Payments Upon Reversal by Court.—The Secretary may resume payment to a unit of general local government of payments terminated under section 6712(d)(2)(A) only if the decision resulting in the termination is reversed by an appellate court.

(Added Pub. L. 103–322, title III, §31001(a), Sept. 13, 1994, 108 Stat. 1876.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6713, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1022; Pub. L. 98–185, §§5, 9(e), Nov. 30, 1983, 97 Stat. 1309, 1312, related to information used in allocation formulas, prior to repeal by Pub. L. 99–272, title XIV, §14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.

1 So in original. Probably should be "section".
### §5367. Circumventions prohibited

Notwithstanding section 5362(2), a financial transaction provider, or any interactive computer service or telecommunications service, may be liable under this subchapter if such person has actual knowledge and control of bets and wagers, and—

(1) operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made; or

(2) owns or controls, or is owned or controlled by, any person who operates, manages, supervises, or directs an Internet website at which unlawful bets or wagers may be placed, received, or otherwise made, or at which unlawful bets or wagers are offered to be placed, received, or otherwise made.

(Added Pub. L. 109–347, title VIII, §802(a), Oct. 13, 2006, 120 Stat. 1961.)
HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC Contractors

# Sensitivity Analysis Applied to the Validation of the 10 B Capture Reaction in Nuclear Fuel Casks (NUREG/CR-6845,ORNL/TM-2004/48)

On this page:
        - Publication Information
        - Abstract

Download complete document
        - NUREG/CR-6845 (PDF - 2.43 MB)

## Publication Information

**Manuscript Completed:**January 2004**Date Published:**August 2004

**Prepared by:** S. Goluoglu, K.R. Elam, B.T. Rearden, B.L. Broadhead, and C.M. Hopper Oak Ridge National Laboratory P.O. Box 2008 Oak Ridge, Tennessee 37831-6170 Managed by UT-Battelle, LLC

Carl J. Withee, NRC Project Manager

**Prepared for:** Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

NRC Job Code B0009

Availability Notice

## Abstract

Boron has commonly been used in nuclear fuel casks to ensure a sufficient margin of subcriticality. The amount of boron used in most casks far exceeds the amount of boron present in any of the available benchmark experiments. Such heavy loadings of boron in the casks may result in considerable spectral differences as compared to the benchmarks, resulting in boron sensitivities that are very different from those of the benchmarks. Before the calculations to determine the nuclear safety margin for various fuel loadings are deemed acceptable, as part of the safety basis, the computer code and cross sections must be validated against experimental benchmarks that cover the area of applicability of the proposed cask design. Therefore, this study was performed to determine if these available benchmarks can be used to validate a criticality code and neutron cross sections for the fuel casks. The sensitivity/uncertainty methodology has been applied to several application cask systems with different boron areal densities. Although, the sensitivities of the nuclear fuel cask applications are not completely covered by the set of benchmarks that were used in this study with regard to the 10B capture cross section, the effect of this lack of coverage on the keff is minimal. Thus, the experimental biases are determined to be appropriate for the cask systems, and no additional bias (penalty) due to high boron loading need be imposed.

Page Last Reviewed/Updated Wednesday, March 24, 2021
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# SECY-03-0067 - Proposed Amendments To 10 CFR Part 50, Appendix E Relating To (1) Emergency Action Levels (EAL) Paragraph IV.B And (2) Exercise Requirements For Co-Located Licensees, Paragraph IV.F.2.

Accession Number: ML022310066

Date Released: Wednesday, June 18, 2003

Package Contents

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    - ML030700324 - SECY-03-0067 -  Proposed Amendments to 10 CFR Part 50, Appendix E Relating to (1) NRC Approval of Changes to Emergency Action Levels (EAL) Paragraph IV.B and (2) Exercise Requirements for Co-Located Licensees, Paragraph IV.F.2 (6 page(s), 4/25/2003)
    - ML030700333 - SECY-03-0067-Attachment - FRN - Emergency Planning and Preparedness for Production and Utilization Facilities (35 page(s), 4/25/2003)

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§ 1210.3 Application of practices and procedures to appeals filed under this part. ( a ) The following provisions of part 1201 of this chapter are inapplicable to appeals filed under this part: ( 1 ) Section 1201.22 (inapplicable to appeals brought under this part pursuant to Public Law 113-146, section 707(b)(2));
( 2 ) Section 1201.27 (class appeals are not allowed as such appeals cannot be adjudicated within 21 days);
( 3 ) Section 1201.28 (case suspensions are not allowed because they are inconsistent with the requirement to adjudicate appeals under this part within 21 days);
( 4 ) Section 1201.29 (dismissals without prejudice are not allowed because those procedures are inconsistent with the requirement to adjudicate appeals under this part within 21 days);
( 5 ) Section 1201.56 (this regulation is not controlling; parties should refer to § 1210.18);
( 6 ) Sections 1201.91 through 1201.93 (interlocutory appeals are not allowed because the Board lacks authority to review appeals filed under this part);
( 7 ) Sections 1201.114 through 1201.20 (petitions for review are not allowed because the decisions in appeals filed under this part are not subject to further appeal) (38 U.S.C. 713(e)(2));
( 8 ) Sections 1201.121 through 1201.145 (procedures for other original jurisdiction cases are not relevant to appeals filed under this part);
( 9 ) Sections 1201.152, 1201.153(b), 1201.154, 1201.155, 1201.156, 1201.157, and 1201.161 (these provisions are inapplicable to appeals filed under 38 U.S.C. 713).
( b ) Except as modified by this part, the remaining relevant provisions of part 1201 of this chapter are applicable to appeals filed under this part.
### §1201. Statement of purpose

It is the purpose of this chapter to provide a positive means whereby the operators of approaching vessels can communicate their intentions to one another through voice radio, located convenient to the operator's navigation station. To effectively accomplish this, there is need for a specific frequency or frequencies dedicated to the exchange of navigational information, on navigable waters of the United States.

(Pub. L. 92–63, §2, Aug. 4, 1971, 85 Stat. 164.)

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

#### Short Title

Pub. L. 92–63, §1, Aug. 4, 1971, 85 Stat. 164, provided: "That this Act [enacting this chapter] may be cited as the 'Vessel Bridge-to-Bridge Radiotelephone Act'."

#### Effective Date

Pub. L. 92–63, §10, Aug. 4, 1971, 85 Stat. 165, provided that: "This Act [enacting this chapter] shall become effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later." See 47 CFR 83.701 et seq.
466 P.2d 872

#### Victor SAFAR, Petitioner, v. Eduardo ESCUDERO, Sheriff of Santa Fe County, Respondent.

No. 9016.

Supreme Court of New Mexico.

March 17, 1970.

MOISE, Chief Justice, and COMPTON, TACKETT, WATSON and SISK, Justices, concurring.

Ordered that the writ of habeas corpus issued out of this Court on March 9, 1970, be and the same is hereby made permanent.

Further ordered that the petitioner be and he hereby is ordered released from the custody of respondent.
#### § 2423.9 How are charges amended?

Before the issuance of a complaint, the Charging Party may amend the charge under the requirements set forth in § 2423.6.
§ 2423.6 What is the process for filing and serving copies of charges? ( a ) *Where to file.* You must file the charge with the Regional Director for the region in which the alleged unfair labor practice has occurred or is occurring. A charge alleging that an unfair labor practice has occurred or is occurring in two or more regions may be filed with the Regional Director in any of those regions.
( b ) *Date of filing.* When a Regional Director receives a charge, it is deemed filed. A charge filed during business hours by facsimile or electronic means is deemed received on the business day on which it is received (either by the Regional Office fax machine or by the eFiling system), until midnight local time in the Region where it is filed. But when a Region receives a charge after the close of the business day by any other method, it will be deemed received and docketed on the next business day. The business hours for each of the Regional Offices are set forth at *http://www.FLRA.gov .*
( c ) *Method of filing.* You may file a charge with the Regional Director in person or by commercial delivery, first class mail, certified mail, facsimile, or electronically through use of the eFiling system on the FLRA's Web site at *www.flra.gov .* If filing by facsimile transmission or by electronic means, you are not required to file an original copy of the charge with the Region. You assume responsibility for the Regional Director's receipt of a charge. Supporting evidence and documents must be submitted to the Regional Director in person, by commercial delivery, first class mail, certified mail, facsimile transmission, or through the FLRA's eFiling system.
( d ) *Service of the charge.* You must serve a copy of the charge (without supporting evidence and documents) on the Charged Party. Where facsimile equipment is available, you may serve the charge by facsimile transmission, as paragraph (c) of this section discusses. Alternatively, you may serve the charge by electronic mail (“email”), but only if the Charged Party has agreed to be served by email. The Region routinely serves a copy of the charge on the Charged Party, but you remain responsible for serving the charge, consistent with the requirements in this paragraph.
Exhibit 31-1



Certification

I, Wesley W. von Schack, certify that:

1. I have reviewed this Amendment No.1 on Form 10-K/A, which amends an Annual Report on Form 10-K of Energy East Corporation for the year ended December 31, 2007; and

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report.





|Date: April 29, 2008 | By /s/ Wesley W. von Schack       Wesley W. von Schack
       Chairman, President &
       Chief Executive Officer
|-------------------- | ------------------------------------------------------------------------------------------------------------------