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-05-032 September 8, 2005

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

Phone: 817-860-8128

WATERFORD NUCLEAR PLANT TERMINATES UNUSUAL EVENT

The Waterford nuclear plant near Taft, La., has terminated the Unusual Event due to

Hurricane Katrina and has begun recovery operations in preparation for restart. As a result, the

Nuclear Regulatory Commission is shifting from monitoring the effects of Hurricane Katrina to

oversight of Waterford’s activities in preparation for restart. 

On Aug. 27, Waterford declared an Unusual Event and shut down protectively when a

hurricane warning was issued for St. Charles Parish, in which the plant is located. The robust

design of the plant protected it from any damage, although offsite power and some

communications capability was lost during the storm. An Unusual Event is the lowest of four

emergency action levels.

Over the weekend, operators restored offsite power, ending reliance on standby diesel

generators. An additional set of generators, brought in before the storm as a precautionary

measure, were never needed. Repairs have also been made to communications systems, which

had been disrupted by Hurricane Katrina. The reactor is safely shut down and the plant cannot

restart without NRC permission. 

“Under existing emergency plans, the NRC and its licensees took aggressive and

appropriate steps to prepare for Hurricane Katrina,” NRC Chairman Nils Diaz said. “The NRC

requires all nuclear plant operators to have in place detailed site-specific plans and procedures for

a variety of emergency situations, including natural disasters.”

The plant will remain shut down while workers perform some minor maintenance

unrelated to the hurricane. Operators will not restart the reactor until NRC completes its restart

readiness assessment, to verify both the plant and its staff are ready to support full power

operation. The agency’s resident inspectors, augmented by regional and Headquarters staff, will

continue around-the-clock oversight of licensee activities.

 ###
### §701b–7. Supplemental reports to Senate Environment and Public Works Committee and House Public Works Committee

After the Secretary of Agriculture has submitted to Congress a regular or formal report made on any examination or survey, pursuant to the Flood Control Act approved June 22, 1936, as amended and supplemented, a supplemental, additional, or review report or estimate may be made if authorized by law or by resolution of the Committee on Public Works and Transportation of the House of Representatives or the Committee on Environment and Public Works of the Senate.

(Jan. 19, 1948, ch. 2, §2, 62 Stat. 4; Pub. L. 103–437, §12(d), Nov. 2, 1994, 108 Stat. 4590.)

#### **Editorial Notes**

#### References in Text

The Flood Control Act approved June 22, 1936, as amended and supplemented, referred to in text, is act June 22, 1936, ch. 688, 49 Stat. 1570, which to the extent classified to the Code enacted sections 701a, 701b, 701c, 701d to 701f, and 701h of this title. For complete classification of this Act to the Code, see Tables.

#### Amendments

1994—Pub. L. 103–437 substituted "Committee on Public Works and Transportation of the House of Representatives or the Committee on Environment and Public Works of the Senate" for "Committee on Public Works of the House of Representatives or the Committee on Public Works of the Senate".

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

#### Change of Name

Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress.
<PAGE>

                                                                   EXHIBIT 10.54

                              TERMINATION AGREEMENT

         This Termination Agreement (the "Agreement") is signed 27 November,
2003 between the following two parties.

PARTY A:          Shanghai Linktone Consulting Co., Ltd.
ADDRESS:          F6, Ganglu Square , No.18 Xizang Road, Shanghai

PARTY B:          Chen Lei
ADDRESS:          Room 102, No. 5, Lane 111, Guilin West Road, Shanghai

         1. WHEREAS, Party A and Party B signed the loan agreement (the "Loan
Agreement") in April 28th, 2003.

         2. WHEREAS, Party A and Party B intent to terminate the Loan Agreement.

         NOW THEREFORE, both parties agree as follows:

1.       Party A and Party B agree to terminate the Loan Agreement and the Loan
         Agreement shall terminate automatically upon this Agreement coming into
         effect.

2.       Rights and obligations of Party A and Party B under the Loan Agreement
         shall terminate upon the termination of the Loan Agreement.

3.       This Agreement shall be effective as of the date of execution.

4.       This Agreement shall be governed by the laws of People's Republic of
         China.

5.       This Agreement is executed by Chinese and English in duplicate, and in
         case of confliction, the Chinese version shall prevail.

PARTY A: SHANGHAI LINKTONE CONSULTING CO., LTD.

Representative: /s/ Jun Wu

PARTY B: /s/Chen Lei

                                       1
§ 330.402 Exceptions to restriction. ( a ) An agency may fill a restricted position with a nonpreference eligible under the following circumstances: ( 1 ) By competitive examination when no preference eligible applies;
( 2 ) By position change (promotion, demotion, or reassignment) to a position in the organizational entity (*i.e.,* the part of an agency from which selections are normally made for promotion or reassignment to the position in question) in which the nonpreference eligible is employed;
( 3 ) By reemployment in the agency where the nonpreference eligible was formerly employed when he or she is being appointed from the Reemployment Priority List under subpart B of this part;
( 4 ) By reinstatement in the agency where the nonpreference eligible was formerly employed when he or she was last separated because of disability retirement; or
( 5 ) By reappointment of certain temporary employees as provided for in part 316 of this chapter.
( b ) Except as indicated in paragraph (a) of this section, OPM must authorize any other agency noncompetitive action (e.g., under an authority specified in part 315 of this chapter) to fill a restricted position with a nonpreference eligible.
1 Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-60321

Summary Calendar

JOHN DAVID MILLSAP,

Plaintiff-Appellant,

versus

KENNETH SKIFFER, JOHN BOOTH, WILLIE CATCHING, VERON JORDAN,

MISHEILA JOHNSON, JOHN DOE, Mail Deliverer, JOHN DOE,

Mail Inspector, JOHN DOE,Law Library Director,

Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court

for the Southern District of Mississippi

USDC No.3:96-CV-675-WS

- - - - - - - - - - February 2, 2000

Before JONES, DUHÉ, and STEWART, Circuit Judges.

PER CURIAM: 1

John David Millsap, Mississippi prisoner #31267, appeals the

district court’s dismissal of his 42 U.S.C. § 1983 action as

frivolous pursuant to 28 U.S.C. § 1915(d). Millsap argues that the

district court abused its discretion in dismissing his claim that

he was un constitutionally deprived of personal property found in

his cell during a prison “shakedown,” and of personal mail that he

alleges was confiscated from the mail room. Whether these alleged

property deprivations were negligent or intentional, they cannotform the basi s of a due process claim in a § 1983 action. S ee

Daniels v. Williams

, 474 U.S. 327, 332-35 (1986)(negligent); Hudson

v. Palmer

, 468 U.S. 517, 533-36 (1984)(intentional). The remainder

of Millsap’s arguments are unsubstantiated allegations for which he

was unable to establish a factual basis during two separate

hearings. The district court did not abuse its discretion in

dismissing Millsap’s complaint as frivolous. S iglar v. Hightower

,

112 F.3d 191, 193 (5th Cir. 1997).

Millsap’s appeal is without arguable merit and is frivolous.

See Howard v. King

, 707 F.2d 215, 219-20 (5th Cir. 1983). Because

the appeal is frivolous, it is DI SMISSED. S ee 5 TH C IR

. R. 42.2.

Millsap is hereby informed that the dismissal of this appeal as

frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g),

in addition to the strike for the district court’s dismissal. S ee

Adepegba v. Hammons

, 103 F.3d 383, 387 (5th Cir. 1996)

(“[D]ismissals as frivolous in the district courts or the court of

appeals count [as strikes] for the purposes of [§ 1915(g)].”). We

caution Millsap that once he accumulates three strikes, he may not

proceed IFP in any civil action or appeal filed while he is

incarcerated or detained in any facility unless he is under

imminent danger of serious physical injury. S ee 28 U.S.C. §

1915(g).

APPEAL DISMISSED AS FRIVOLOUS.
##### 



Exhibit 11
 AmSurg Corp.
Earnings Per Share
For the Three Months Ended March 31, 2007 and 2006
  PerEarnings
    
    Shares
    
    Share(Numerator)
    
    (Denominator)
    
    AmountFor the three months ended March 31, 2007:Net earnings from continuing operations per common
share (basic)
    
    $
    10,277
    
    
    
    30,046
    
    
    $
    0.34Effect of dilutive securities options
    
    
    
    
    
    
    459Net earnings from continuing operations per common
share (diluted)
    
    $
    10,277
    
    
    
    30,505
    
    
    $
    0.34Net earnings per common share (basic)
    
    $
    10,277
    
    
    
    30,046
    
    
    $
    0.34Effect of dilutive securities options
    
    
    
    
    
    
    459Net earnings per common share (diluted)
    
    $
    10,277
    
    
    
    30,505
    
    
    $
    0.34For the three months ended March 31, 2006:Net earnings from continuing operations per common
share (basic)
    
    $
    8,702
    
    
    
    29,693
    
    
    $
    0.29Effect of dilutive securities options
    
    
    
    
    
    
    526Net earnings from continuing operations per common
share (diluted)
    
    $
    8,702
    
    
    
    30,219
    
    
    $
    0.29Net earnings per common share (basic)
    
    $
    8,725
    
    
    
    29,693
    
    
    $
    0.29Effect of dilutive securities options
    
    
    
    
    
    
    526Net earnings per common share (diluted)
    
    $
    8,725
    
    
    
    30,219
    
    
    $
    0.29
[Federal Register Volume 69, Number 209 (Friday, October 29, 2004)]
[Notices]
[Pages 63174-63175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24171]


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

DEPARTMENT OF THE INTERIOR

National Park Service


Notice of Boundary Revision, Big Thicket National Preserve

SUMMARY: This notice announces a revision to the boundary of Big 
Thicket National Preserve to include three parcels of land. Two were 
donated by the Lower Neches Valley Authority and one donated by Thomas 
E. Nevinger and Joyce Rash Nevinger. The National Park Service has 
determined that this boundary revision will make a significant 
contribution to the purpose for which the preserve was created.

DATES: The effective date of this Order is the date of the Federal 
Register publication in which this Order appears.

FOR FURTHER INFORMATION CONTACT: Superintendent, Big Thicket National 
Preserve, 3785 Milam Street, Beaumont, TX 77701, or by telephone at 
(409) 839-2689.

SUPPLEMENTARY INFORMATION: Section 1 of Act of October 11, 1974, Pub. 
L. 93-439, 88 Stat. 1254, codified as amended at 16 U.S.C. 698 (1994), 
authorizes the Secretary of the Interior to accept title to any land or 
interests in land located outside the boundaries of the Big Thicket 
National Preserve which any private person, organization, or public or 
private corporation may offer to donate to the United States if he 
finds that such lands would make a significant contribution to the 
purpose for which the preserve was created. Pursuant to the above-cited 
act, the boundary of the Menard Creek Corridor Unit of the preserve is 
being revised to include those lands donated by Thomas E. Nevinger and 
Joyce Rash Nevinger comprised of Tract 127-09 containing 1.10 acres of 
land, within Liberty County, Texas, depicted on land acquisition status 
map, segment 127 having drawing number 175-30,005. The boundary of the 
Beaumont Unit of the preserve is being revised to include those lands 
donated by Lower Neches Valley Authority comprised of Tract 193-07 
containing 333.88 acres and Tract 193-08 containing 27.64 acres as 
depicted on land acquisition status map, segment 193 having drawing 
number 175-30,009. These maps are on file at the Office of the National 
Park Service, Land Resources Program Center,

[[Page 63175]]

Intermountain Region and the Office of the Superintendent, Big Thicket 
National Preserve.

    Dated: August 3, 2004.
William D. Shaddox,
Regional Director, Intermountain Region.
[FR Doc. 04-24171 Filed 10-28-04; 8:45 am]
BILLING CODE 4312-CB-M
#### § 2423.0 Applicability of this part.

This part applies to any unfair labor practice cases that are pending or filed with the FLRA on or after July 25, 2012.

[77 FR 37759, June 25, 2012]
### §59b. Bayous Terrebonne and LeCarpe, Louisiana

Bayou Terrebonne west of Barrow Street and Bayou LeCarpe west of the Intracoastal Waterway in the city of Houma, State of Louisiana, are declared to be not navigable waters of the United States within the meaning of the Constitution and laws of the United States.

The right to alter, amend, or repeal this section is expressly reserved.

(Pub. L. 86–226, §§2, 3, Sept. 8, 1959, 73 Stat. 455.)
#### Louisa Koellhoffer and Caroline Koellhoffer, as Executors, etc., of Silverius A. Koellhoffer, Deceased, Appellants and Respondents, v. Andrew N. Petersen, Respondent and Appellant, Impleaded with Others.

Judgment modified by striking out the provision for personal judgment against the appellant Petersen, and by striking out the provision for extra allowance against said appellant; and as modified affirmed, without costs. Ho opinion. Jenks, P. J., Burr, Rich, Stapleton and Putnam, JJ., concurred.
### §1607. Implementation by rules and regulations; authority to promulgate

The Secretary of the department in which the Coast Guard is operating is authorized to promulgate such reasonable rules and regulations as are necessary to implement the provisions of this chapter and the International Regulations proclaimed hereunder.

(Pub. L. 95–75, §8, July 27, 1977, 91 Stat. 310.)

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

#### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
### **[CHAPTER 5—REPEALED]**
[Federal Register Volume 69, Number 212 (Wednesday, November 3, 2004)]
[Notices]
[Pages 64103-64104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24563]


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

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--BDA Administration Corporation D/B/A Blu-ray 
Disc Association

    Notice is hereby given that, on September 20, 2004, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301 et seq. (``the Act''), BDA Administration 
Corporation D/B/A Blu-ray Disc Association (``BDA'') has filed written 
notifications simultaneously with the Attorney General and the Federal 
Trade Commission disclosing (1) the name and principal place of

[[Page 64104]]

business of the standards development organization and (2) the nature 
and scope of its standards development activities. The notifications 
were filed for the purpose of invoking the Act's provisions limiting 
the recovery of antitrust plaintiffs to actual damages under specified 
circumstances.
    Pursuant to section 6(b) of the Act, the name and principal place 
of business of the standards development organization is: BDA 
Administration Corporation D/B/A Blu-ray Disc Association, Universal 
City, CA. The nature and scope of BDA's standards development 
activities are: (1) To establish Blu-ray Disc Formats for those 
applications that would be in the best interests of consumers and 
users, including revisions, improvements and enhancements thereto; (2) 
to organize activities to verify compliance with the Blu-ray Disc 
Formats, thus enabling the board acceptance of the Blu-ray Disc 
Formats; (3) to promote the Blu-ray Disc Formats for recording, 
playback, storage and distribution of large volume content, including 
high definition content; and (4) to provide useful information to those 
who are interested in supporting the Blu-ray Disc Formats.

Dorothy B. Fountain,
Deputy Director of Operations Antitrust Division.
[FR Doc. 04-24563 Filed 11-2-04; 8:45 am]
BILLING CODE 4410-11-M
### §473. Repealed. Pub. L. 89–554, §8(a), Sept. 6, 1966, 80 Stat. 637

Section, act Mar. 2, 1895, ch. 172, §2, 28 Stat. 740, provided that the powers and authority conferred upon the harbor master, District of Columbia, may in his absence or disability be exercised by the pilot of the harbor police boat.
#### James L. JACK, Plaintiff-Appellant, v. A. David ROBINSON, Warden; Janet Terry, Law Library Coordinator; Sergeant Frame, Correctional Officer, Defendants-Appellees.

No. 02-6259.

United States Court of Appeals, Fourth Circuit.

Submitted May 16, 2002.

Decided May 23, 2002.

James L. Jack, Appellant Pro Se.

Before NIEMEYER, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

James L. Jack appeals the district court’s order dismissing without prejudice his complaint alleging violations under 42 U.S.C.A. § 1983 (West Supp.2001). The court dismissed Jack’s complaint based on his failure to allege sufficient facts regarding the actual prejudice suffered as a result of his alleged denial of his constitutional right of access to the courts. Because Jack might proceed with this action by amending his complaint to provide the information specified by the district court, the dismissal order is not final and thus is not subject to appellate review. *See Domino Sugar Corp. v. Sugar Workers Local Union 392,*10 F.3d 1064, 1066-67 (4th Cir.1993). We therefore dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*DISMISSED.*
§ 330.104 Requirements for vacancy announcements. ( a ) Each vacancy announcement must contain the following information: ( 1 ) Name of issuing agency;
( 2 ) Announcement number;
( 3 ) Position title, series, pay plan, and grade (or pay rate);
( 4 ) Duty location;
( 5 ) Number of vacancies;
( 6 ) Opening date and application deadline (closing date) and any other information concerning how receipt of applications will be documented, such as by date of receipt or postmark, and considered, such as by cut-off dates in open continuous announcements;
( 7 ) Qualification requirements, including knowledge, skills, and abilities or competencies;
( 8 ) Starting pay;
( 9 ) Brief description of duties;
( 10 ) Basis of rating;
( 11 ) What to file;
( 12 ) Instructions on how to apply;
( 13 ) Information on how to claim veterans' preference, if applicable;
( 14 ) Definition of “well-qualified,” as required by subparts F and G of this part;
( 15 ) Information on how candidates eligible under subparts F and G of this part may apply, including required proof of eligibility;
( 16 ) Contact person or contact point;
( 17 ) Equal employment opportunity statement (Agencies may use the recommended equal employment opportunity statement located on OPM's USAJOBS website.); and
( 18 ) Reasonable accommodation statement.
( b ) ( 1 ) An agency may use wording of its choice in its statement that conveys the availability of reasonable accommodation required by § 330.104(a)(18). In its reasonable accommodation statement, an agency may not list types of medical conditions or impairments appropriate for accommodation.
( 2 ) Agencies may use the recommended reasonable accommodation statement located on OPM's USAJOBS website.
( c ) If an agency is sharing a certificate of eligibles under part 332 of this chapter, the original hiring agency must provide notice in the job opportunity announcement that the resulting list of eligible candidates may be used by one or more hiring agencies, and of how the applicant may opt-in to the disclosure of his or her applicant records to other hiring agencies.
[75 FR 67593, Nov. 3, 2010, as amended at 82 FR 5339, Jan. 18, 2017]
### §570. Default in contract; disposition of amounts collected

Any amounts collected from defaulting contractors or their sureties under contracts entered into in connection with river and harbor or flood-control work prosecuted by the Engineer Department, whether collected in cash or by deduction from amounts otherwise due such contractors, hereafter shall be credited in each case to the appropriation under which the contract was made.

(Aug. 30, 1935, ch. 831, §8, 49 Stat. 1048.)
### §4265. Consideration of marine debris in negotiating international agreements

In negotiating any relevant international agreement with any country or countries after December 18, 2020, the President shall, as appropriate—

(1) consider the impact of land-based sources of plastic waste and other solid waste from that country on the marine and aquatic environment; and

(2) ensure that the agreement strengthens efforts to eliminate land-based sources of plastic waste and other solid waste from that country that impact the marine and aquatic environment.

(Pub. L. 116–224, title II, §206, Dec. 18, 2020, 134 Stat. 1091.)
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§ 5.81 Statement of policy. ( a ) It is the policy of FEMA to make its records available to private litigants to the same extent and in the same manner as such records are made available to members of the general public, except where protected from disclosure by litigation procedural authority (e.g., Federal Rules of Civil Procedure) or other applicable law.
( b ) It is FEMA's policy and responsibility to preserve its human resources for performance of the official functions of the Agency and to maintain strict impartiality with respect to private litigants. Participation by FEMA employees in private litigation in their official capacities is generally contrary to this policy.