alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 317.801 Retention of SES provisions. ( a ) *Coverage.* This subpart applies to— ( 1 ) A career appointee in the SES appointed at any time by the President to a civilian position in the executive branch with the advice and consent of the Senate at a rate of basic pay which is equal to or greater than the rate payable for Executive Level V; or
( 2 ) A career appointee in the SES who is not covered under paragraph (a)(1) of this section and who was appointed on or after November 1, 1986, to a civilian position in the executive branch which is covered by the Executive Schedule, or the rate of basic pay for which is fixed by statute at a rate equal to one of the levels of the Executive Schedule.
( b ) *Election.* ( 1 ) At the time of appointment, an appointee covered by paragraph (a) of this section may elect to retain some, all, or none of the following SES provisions related to basic pay (including the aggregate limitation on pay established by 5 U.S.C. 5307), performance awards, awarding of ranks, severance pay, leave, and retirement. That election will remain in effect for no less than 1 year, unless the appointee leaves the position sooner.
( 2 ) The appointing agency is responsible for advising the appointee of the election opportunity. The election decision must be in writing.
( c ) *Change in election.* Except as provided by paragraph (b) of this section, a career appointee is permitted to make an election for purposes of adding or dropping coverage no more than once during any twelve-month period.
[50 FR 6154, Feb. 14, 1985, as amended at 56 FR 15273, Apr. 16, 1991; 57 FR 54677, Nov. 20, 1992; 60 FR 6386, Feb. 2, 1995; 69 FR 2050, Jan. 13, 2004; 72 FR 12035, Mar. 15, 2007]
§ 1639.29 Refunds. ( a ) If the Board is the creditor agency, it will promptly refund any amount deducted under the authority of 5 U.S.C. 5514, when: ( 1 ) The debt is waived or all or part of the funds deducted are otherwise found not to be owed; or
( 2 ) An administrative or judicial order directs the Board to make a refund.
( b ) Unless required or permitted by law or contract, refunds under this section will not bear interest.
#### UNITED STATES of America, Plaintiff-Appellee, v. David Thomas RHODES, Defendant-Appellant.

No. 00-15901.

D.C. Nos. CR-84-00039-ECR CV-00-00158-ECR.

United States Court of Appeals, Ninth Circuit.

Submitted May 13, 2002 *.

Decided May 24, 2002.

Before FERNANDEZ, THOMAS and WARDLAW, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2). Accordingly, Rhodes’ request for oral argument is denied.

MEMORANDUM **

David Thomas Rhodes appeals pro se the district court’s denial of his petition for a writ of *coram nobis,*filed pursuant to 28 U.S.C. § 1651(a), challenging his 1985 convictions for conspiring to possess with intent to distribute cocaine, interstate travel in aid of racketeering, unlawful use of a communication facility, and possession of unregistered firearms. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo the district court’s denial of a petition for a writ of *coram nobis, United States v. Walgren,*885 F.2d 1417, 1420 (9th Cir.1989), and we affirm.

The district court properly denied Rhodes’ petition because Rhodes cannot show that “valid reasons exist for not attacking the conviction earlier.” *Hirabayashi v. United States,*828 F.2d 591, 604 (9th Cir.1987). Indeed, Rhodes has raised, unsuccessfully, the issue set forth in his petition in several prior proceedings, including motions filed pursuant to 28 U.S.C. § 2255. *See e.g., United States v. Rhodes,*No. 86-2961, 1988 WL 82800 (9th Cir. Feb.17, 1989). The writ of *coram nobis*is therefore not available to him. *See United States v. Valdez-Pacheco,*237 F.3d 1077, 1079 (9th Cir.2001) (per curiam) (stating that “common law writs survive only to the extent they fill ‘gaps’ in the current systems of postconviction relief’); *cf. Walgren,*885 F.2d at 1420 (concluding that valid reasons for not attacking conviction earlier existed where claim was based on recent and fully retroactive change in law); *Hirabayashi,*828 F.2d at 605 (reaching same conclusion where claim was based on newly discovered evidence that could not have been found earlier despite petitioner’s due diligence).

AFFIRMED.

**

 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 9th Cir. R. 36-3.
### §2238d. Maintenance of harbors of refuge

The Secretary is authorized to maintain federally authorized harbors of refuge to restore and maintain the authorized dimensions of the harbors.

(Pub. L. 114–322, title I, §1109, Dec. 16, 2016, 130 Stat. 1634.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.

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

#### "Secretary" Defined

Secretary means the Secretary of the Army, see section 1002 of Pub. L. 114–322, set out as a note under section 2201 of this title.
### §59. West River in West Haven, Connecticut

The portion of the waterway in which is located the West River in the town of West Haven, Connecticut, and the city of New Haven, Connecticut, lying northerly of a line extending north 85 degrees 54 minutes 43.5 seconds east, from a point (1,158.535 feet from the most westerly corner of the existing bulkhead and pier line) whose coordinates in the Corps of Engineers Harbor Line System are north 4,616.76 and west 9,450.80, is declared to be a nonnavigable water of the United States within the meaning of the Constitution and laws of the United States.

The line hereinbefore described shall be established as a combined pierhead and bulkhead line of the West River.

Any project heretofore authorized by an Act of Congress, insofar as such project relates to the above-described portion of the West River, is hereby abandoned.

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

(Aug. 9, 1955, ch. 649, 69 Stat. 576.)
<PAGE>


                                                                    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



         This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. ss. 1350, and accompanies the quarterly
report on Form 10-Q for the quarter ended September 30, 2004 (the "Form 10-Q")
of Dearborn Bancorp, Inc. (the "Issuer").

     I, Michael J. Ross, President and Chief Executive Officer of the Issuer,
     certify that:

     (i)  The Form 10-Q fully complies with the requirements of Section 13(a) or
          Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)
          or 78o(d)); and

     (ii) The information contained in the Form 10-Q fairly presents, in all
          material respects, the financial condition and results of operations
          of the Issuer.



Dated: November 10, 2004
                                               /s/ Michael J. Ross
                                       -------------------------------------
                                                 Michael J. Ross
                                       President and Chief Executive Officer,
                                               Dearborn Bancorp, Inc.
##### 



Exhibit 31.2
 CERTIFICATION PURSUANT TO
SECTION 13a-15 OF THE SECURITIES AND EXCHANGE ACT OF 1934
AS ADOPTED PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-Q/A of U.S. Can Corporation;2.
    
    Based on my knowledge, this quarterly 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;3.
    
    Based on my knowledge, the financial statements, and other financial information included in this report,
fairly present in all material respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this report;4.
    
    The registrants other certifying officers and I are responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made known to us by
others within those entities, particularly during the period in which this report is being
prepared;(b)
    
    Evaluated the effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the disclosure controls
and procedures, as of the end of the period covered by this report based on such evaluation;
and(c)
    
    Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants
most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual
report) that has materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and
 5.
    
    The registrants other certifying officers and I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to the registrants auditors and the audit committee of the
registrants board of directors (or persons performing the equivalent functions);
 (a)
    
    All significant deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonably likely to adversely affect the
registrants ability to record, process, summarize and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.
 Date: October 4, 2005/s/ Michael M. RajkovicMichael M. RajkovicExecutive Vice President and Chief Financial Officer
#### § 185.127 Fees.

The party requesting a subpoena shall pay the cost of the fees and mileage of any witness subpoenaed in the amounts that would be payable to a witness in a proceeding in United States District Court. A check for witness fees and mileage shall accompany the subpoena when served, except that when a subpoena is issued on behalf of the authority, a check for witness fees and mileage need not accompany the subpoena.
NRC NEWS             U.S. NUCLEAR REGULATORY COMMISSION                       Office of Public Affairs              Telephone: 301/415-8200

                              Washington, D.C. 20555-0001       E-mail: opa@nrc.gov  Web Site: http://www.nrc.gov

No. 07-011 January 29, 2007

NRC SOLICITS COMMENTS ON PROPOSED ENFORCEMENT POLICY REVISIONS

The Nuclear Regulatory Commission is seeking public input on a proposed major revision to itsEnforcement Policy to clarify terminology and address enforcement issues in areas not currentlycovered, including the agency’s use of Alternative Dispute Resolution in the enforcement process. TheNRC is looking for comments on what specific topics should be added or removed from the policy andwhat topics currently addressed require additional guidance. 

The NRC Enforcement Policy contains policy and procedures the NRC uses to initiate andreview enforcement actions in response to violations of NRC requirements. The NRC does not intendto modify the NRC’s emphasis on compliance with its requirements.

The comment period closes on March 26, 2007.  Comments can be mailed to: Michael T. Lesar,Chief, Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear RegulatoryCommission, Washington, D.C., 20555-0001. Comments can also be hand-carried to 11555 RockvillePike, Rockville, Md., between 7:30 a.m. and 4:15 p.m. on federal work days, or they can be e-mailed tonrcrep@nrc.gov .  The full Federal Register notice is available at: http://a257.g.akamaitech.net/7/257/2422/01jan20071800/edocket.access.gpo.gov/2007/pdf/E7-1088.pdf .

###

News releases are available through a free list serve subscription at the following Web address: http://www.nrc.gov/public-involve/listserver.html .  The NRC homepage at www.nrc.gov also offers a SUBSCRIBE link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
8/31/98 AGRIBRANDS  INTERNATIONAL,  INC. BALANCE SHEET AND STATEMENT OF EARNINGS
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                    1000  
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS       
<FISCAL-YEAR-END>               AUG-31-1998   
<PERIOD-END>                    AUG-31-1998           
<CASH>                          136,500                    
<SECURITIES>                    1,500                      
<RECEIVABLES>                   113,400                    
<ALLOWANCES>                    10,400                     
<INVENTORY>                     98,800                     
<CURRENT-ASSETS>                350,900                    
<PP&E>                          346,900                    
<DEPRECIATION>                  170,300                    
<TOTAL-ASSETS>                  578,400                    
<CURRENT-LIABILITIES>           197,200                    
<BONDS>                         14,200                     
<PREFERRED-MANDATORY>           0                    
<PREFERRED>                     0                           
<COMMON>                        100                         
<OTHER-SE>                      339,300                    
<TOTAL-LIABILITY-AND-EQUITY>    578,400                    
<SALES>                         1,410,100                  
<TOTAL-REVENUES>                1,410,100                  
<CGS>                           1,207,200                  
<TOTAL-COSTS>                   1,207,200                  
<OTHER-EXPENSES>                150,300                    
<LOSS-PROVISION>                6,400                      
<INTEREST-EXPENSE>              12,000                     
<INCOME-PRETAX>                 34,200                     
<INCOME-TAX>                    20,400                     
<INCOME-CONTINUING>             13,800                     
<DISCONTINUED>                  0                          
<EXTRAORDINARY>                 0                          
<CHANGES>                       0                          
<NET-INCOME>                    13,800                     
<EPS-BASIC>                     1.29                       
<EPS-DILUTED>                   1.29                       
          

</TABLE>
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

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

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

 

No. 06-069 May 22, 2006

NRC FINDS NO SIGNIFICANT ENVIRONMENTAL IMPACTS FROM EXTENDED

OPERATION OF NINE MILE POINT, UNITS 1 AND 2

The Nuclear Regulatory Commission has issued its final environmental impact statement on the

proposed renewal of the operating licenses for the Nine Mile Point Nuclear Station, Units 1 and 2. The

report contains the NRC’s finding that there are no environmental impacts that would preclude license

renewal for an additional 20 years of operation.

The Nine Mile Point plant is located approximately six miles northeast of Oswego, N.Y. The

current operating licenses expire Aug. 22, 2009, for Unit 1 and Oct. 31, 2026, for Unit 2. Nine Mile

Point Nuclear Station submitted an application for renewal of the licenses May 26, 2004.

As part of its environmental review of the applications, the NRC held public meetings near the

plant to discuss the scope of the review and the draft version of the environmental impact statement.

Comments were received from members of the public, local officials, and representatives of state and

federal agencies.

The Nine Mile Point Final Environmental Impact Statement is available on the NRC’s Web site

at this address:

http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1437/supplement24/index.html . Copies

are also available for inspection at the NRC’s Public Document Room at One White Flint North, 11555

Rockville Pike, Rockville, Md, and at the Penfield Library, located at State University of New York in

Oswego. 

###
#### Gwen Jardine, Appellant, v. Alexander Molnar, Respondent.

No opinion. Present — Peek, P. J., Glennon, Dore, Cohn and Callahan, JJ.
§ 2471.3 Content of request. ( a ) A request from a party or parties to the Panel for consideration of an impasse must be in writing and include the following information: ( 1 ) Identification of the parties and individuals authorized to act on their behalf, including their addresses, telephone numbers, and facsimile numbers;
( 2 ) Statement of issues at impasse and the summary positions of the initiating party or parties with respect to those issues; and
( 3 ) Number, length, and dates of negotiation and mediation sessions held, including the nature and extent of all other voluntary arrangements utilized.
( b ) A request for approval of a binding arbitration procedure must be in writing, jointly filed by the parties, and include the following information about the pending impasse: ( 1 ) Identification of the parties and individuals authorized to act on their behalf, including their addresses, telephone numbers, and facsimile numbers;
( 2 ) Brief description of the impasse including the issues to be submitted to the arbitrator;
( 3 ) Number, length, and dates of negotiation and mediation sessions held, including the nature and extent of all other voluntary arrangements utilized;
( 4 ) Statement as to whether any of the proposals to be submitted to the arbitrator contain questions concerning the duty to bargain and a statement of each party's position concerning such questions; and
( 5 ) Statement of the arbitration procedures to be used, including the type of arbitration, the method of selecting the arbitrator, and the arrangement for paying for the proceedings or, in the alternative, those provisions of the parties' labor agreement which contain this information.
[45 FR 3520, Jan. 17, 1980, as amended at 61 FR 41294, Aug. 8, 1996]
### §701b–10. Omitted

#### **Editorial Notes**

#### Codification

Section, act July 27, 1953, ch. 245, §101, 67 Stat. 199; Pub. L. 114–322, title I, §1160, Dec. 16, 2016, 130 Stat. 1667, related to a revolving fund for expenses of the Corps of Engineers.

Section is set out as section 576 of this title.
Home > NRC Library > ADAMS Public Documents

# FRN and ISG 02 - Final Version.

Accession Number: ML070260025

Date Released: Friday, March 16, 2007

Package Contents

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    - ML070260048 - Final FRN HLWRS-ISG-02 - Preclosure Safety Analysis - Level of Information And Reliability Estimation; Availability of Final Interim Staff Guidance Document. (17 page(s), 3/8/2007)
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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,
2003 as filed with the Securities and Exchange Commission on November 14, 2003
(the "Report"), I, Donal V. Carroll, 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/ Donal V. Carroll
                                   --------------------
                                   Donal V. Carroll
                                   Chief Executive Officer
                                   November 13, 2003
### §841. Mandatory health standards for underground mines; enforcement; review; purpose

(a) The provisions of sections 842 through 846 of this title and the applicable provisions of section 878 of this title shall be interim mandatory health standards applicable to all underground coal mines until superseded in whole or in part by improved mandatory health standards promulgated by the Secretary under the provisions of section 811 of this title, and shall be enforced in the same manner and to the same extent as any mandatory health standard promulgated under the provisions of section 811 of this title. Any orders issued in the enforcement of the interim standards set forth in this subchapter shall be subject to review as provided in subchapter I of this chapter.

(b) Among other things, it is the purpose of this subchapter to provide, to the greatest extent possible, that the working conditions in each underground coal mine are sufficiently free of respirable dust concentrations in the mine atmosphere to permit each miner the opportunity to work underground during the period of his entire adult working life without incurring any disability from pneumoconiosis or any other occupation-related disease during or at the end of such period.

(Pub. L. 91–173, title II, §201, Dec. 30, 1969, 83 Stat. 760.)

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

#### Effective Date

Section operative six months after Dec. 30, 1969, except to the extent an earlier date is specifically provided for in Pub. L. 91–173, see section 509 of Pub. L. 91–173, set out as a note under section 801 of this title.