alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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 06-079 June 5, 2006

NRC PROPOSES CHANGES TO REGULATIONS ON

OCCUPATIONAL RADIATION DOSE RECORDS, TOTAL DOSE DEFINITION

The Nuclear Regulatory Commission is considering amending several regulations dealing with

radiation doses to workers at licensed facilities.

The first proposed change would relieve NRC license holders of the requirement to

automatically provide annual dose reports to workers who received less than 100 millirem (mrem) of

total dose or less than 100 mrem to any individual organ or tissue in the previous year. Licensees would

still be required to provide dose records to those categories of workers upon request. The 100 mrem

limit was selected because it is also the threshold dose for licensees to instruct workers on radiation

protection.

The second proposed change would revise the definition of “total effective dose equivalent,”

which is meant to ensure both external and internal exposure to radiation is taken into account. The

proposed change would allow licensees to improve their assessment of the risk arising from workrelated radiation exposures. 

The third proposed change would revise how commercial nuclear power plant licensees should

label containers holding radioactive materials in posted areas. The change would allow those licensees

to mark the containers according to their radiological hazard instead of giving more detailed

information, as long as the containers are only handled by workers trained to minimize any radiation

exposure.

The final proposed change would eliminate the requirement for licensees to try and obtain

lifetime dose records for every worker who requires monitoring. Licensees are no longer required to

obtain lifetime records to evaluate occupational doses in a given monitoring year. The only occasion

where lifetime dose records would be required is when a licensee authorizes a “planned special

exposure” for an adult worker.

Comments on the revised proposed rule will be accepted for 75 days following publication in

the Federal Register. Comments may be mailed to the Secretary, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20555-0001, Attn: Rulemakings and Adjudications Staff. Comments

may also be e-mailed to SECY@nrc.gov or online via the NRC's rulemaking Web site at

http://ruleforum.llnl.gov .

###
#### Elmer E. Beardsley, Respondent, v. Interborough Rapid Transit Compay, Appellant.

Motion for stay denied, with ten dollars costs. Present — Jenks, P. J., Burr, Carr, Rich and Putnam, JJ.
Exhibit 13.1



CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)



In connection with the annual report of Yanzhou Coal Mining Co., Ltd., a
joint stock limited company incorporated in the Peoples Republic of China with limited liability (the Company), on Form 20-F for the year ending December 31, 2003 as filed with the Securities and Exchange Commission (the
Report), I, YANG Deyu, Chief Executive Officer of the Company, certify, pursuant to §906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. $ 1350), that to my knowledge: (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 result of operations of the Company.



/s/ YANG DeyuYANG Deyu Chief Executive Officer June 30, 2004




|* | A signed original of this written statement required by Section 906 has been provided to us and will be retained by us and furnished to the Securities and Exchange Commission or its
staff upon request.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
§ 535.105 Setting and adjusting rates of basic pay. ( a ) The rate of basic pay for a critical position may not be less than the rate of basic pay, including any locality-based comparability payments established under 5 U.S.C. 5304 or special rate supplement under 5 U.S.C. 5305 (or other similar payment or supplement under other legal authority) that would otherwise be payable for the position.
( b ) If critical position pay authority is granted for a position, the head of an agency may set pay initially at any amount up to the rate of pay for level II or level I of the Executive Schedule, as applicable, without further approval unless a higher maximum rate is approved by the President under § 535.104(c).
( c ) The head of an agency may make subsequent adjustments in the rate of basic pay for a critical position each January at the same time general pay adjustments are authorized for Executive Schedule employees under section 5318 of title 5, United States Code. Such adjusted rates may not exceed the new rate for Executive Schedule level II or other applicable maximum established for the critical position. However, the employee must have at least a rating of Fully Successful or equivalent, and subsequent adjustments must be based on labor market factors, recruitment and retention needs, and individual accomplishments and contributions to an agency's mission.
( d ) Employees receiving critical position pay are not entitled to locality-based comparability payments established under 5 U.S.C. 5304, special rate supplements under 5 U.S.C. 5305, or other similar payments or supplements under other legal authority.
( e ) If an agency discontinues critical position pay for a given position (on its own initiative or because OPM, in consultation with OMB, terminates the authority under § 535.103(d)), the employee's rate of basic pay will be set at the rate to which the employee would be entitled had he or she not received critical pay, as determined by the head of the agency, unless the employee is eligible for a higher payable rate under the General Schedule maximum payable rate rule in § 531.221 and the agency chooses to apply that rule.
### §752b. Repealed. Pub. L. 117–263, div. K, title CXVIII, §11808(a)(12), Dec. 23, 2022, 136 Stat. 4165

Section, act June 15, 1938, ch. 398, 52 Stat. 692, related to disposal of materials to the Boys Scouts of America. See section 901 of Title 14, Coast Guard.
Amedment to Employment Agreement




							
	 	 	 	 	 1400 Seaport Boulevard
 Redwood City
 California 94063
 U.S.A.
  
 main +1 650 562 0200
 fax +1 650 817 1499
 www.openwave.com
	 	


	 	 	 	 	 	 	 

  
 Exhibit 10.3

  
 February 6, 2004 
  
 Don Listwin 
 1400 Seaport Boulevard 
 Redwood City, CA 94063 
  
 Re: Amendment to Employment Agreement 
  
 Dear Don: 
  
 This letter amends the Amended and Restated Employment Agreement between you and Openwave Systems Inc. (the “Company”) dated as of February 10, 2003 (your “Employment Agreement”). 
  
 You have requested that your base salary be reduced from $400,000 (as defined in the
Employment Agreement, your “Base Compensation”) to $1 per year until the Company has achieved and publicly announced a full fiscal quarter of GAAP profitable financial results. The Compensation Committee of the Board of Directors has
agreed to accept your proposal. 
  
 Therefore, effective as of February 1, 2004,
your base salary rate will be reduced to $1 per year until such time as the Company has publicly announced positive Net Profits (i.e., GAAP profitability) for a full fiscal quarter. At such time, the Compensation Committee shall re-evaluate in its
discretion what your base salary should be on a going forward basis. The amounts of any potential payments that may become due to you, upon the occurrence of certain future events (e.g., a constructive termination upon a change of control), under
your Employment Agreement that are expressed as a percentage of your Base Compensation will continue to be calculated according to your Base Compensation prior to this reduction. However, the amounts of any benefits that may become due to you under
the Company’s benefit plans, that are expressed as a percentage of your Base Compensation, shall be calculated based on your actual base salary of $1. 
  
 Except as otherwise provided herein, the terms and conditions of your Employment Agreement shall remain in effect. Please note that by signing this letter, you
acknowledge that this reduction in salary does not constitute an Involuntary Termination (as defined in the Employment Agreement), constructive discharge or other similar event that might otherwise result from a reduction in salary, and that you
have no right to any severance or other benefits as a result of this reduction. 
  
 Please review these terms to make sure they are consistent with your understanding. If so, please return the original signed letter to the General Counsel within five days of your receipt of this letter. 
  

					
	Openwave Systems Inc.	 	 	 	Agreed and accepted:
			
	 /s/ Bernard Puckett
	 	 	 	 /s/ Don Listwin

	
	 	 	 	

	 Bernard Puckett
 Chairman of, and on behalf
of,
 the Compensation Committee of the
 Board of
Directors
	 	 	 	Don Listwin
* 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. United States Court of Appeals

Fifth Circuit 

## FILED February 24, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-41240 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ROBERTO RODRIGUEZ, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 2:05-CR-117-1

-------------------- Before GARZA, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: * Roberto Rodriguez appeals his guilty-plea conviction for being a felon in possession of firearm ammunition in violation of 18 U.S.C. §§ 922(g)(1) & 924(a)(2). He argues for the first time on appeal that § 922(g)(1) is unconstitutional on its face and as applied to the instant case because it does not require a substantial effect on interstate commerce. He also argues for the first time on appeal that his conviction should be reversed because the indictment does not allege that the offense had aNo. 05-41240 -2- substantial impact on interstate commerce. He acknowledges that these arguments are foreclosed by precedent, but raises them to preserve them for possible Supreme Court review. We have repeatedly held that “the constitutionality of § 922(g) is not open to question.” United States v. Daugherty , 264 F.3d 513, 518 (5th Cir. 2001)(quoting United States v.
DeLeon , 170 F.3d 494, 499 (5th Cir. 1999)). Evidence that a weapon was manufactured in one state and possessed in another is sufficient to sustain a conviction under § 922(g). Daugherty , 264 F.3d at 518; United States v. Kuban , 94 F.3d 971, 973 (5th Cir. 1996); United States v. Rawls , 85 F.3d 240, 242-43 (5th Cir. 1996). Additionally, in United States v. Gresham , 118 F.3d 258, 264-65 (5th Cir. 1997), we rejected a challenge to the sufficiency of the indictment under § 922(g)(1) that was identical to the one raised by Rodriguez in this case. Accordingly, Rodriguez’s challenges to the constitutionality of § 922(g)(1) and to the indictment are foreclosed by circuit precedent.
AFFIRMED.
§ 537.102 Definitions. The definitions in this section apply only to part 537. In this part: *Agency* has the meaning given that term in subparagraphs (A) through (E) of 5 U.S.C. 4101(1).
*Authorized agency official* means the head of an Executive agency or an official who is authorized to act for the head of the agency in the matter concerned.
*Employee* means an employee of an agency who satisfies the definition of the term in 5 U.S.C. 2105.
*Loan payment* means the net payment made by an agency to the holder of a student loan (after deducting any tax withholdings that may be made from the gross student loan repayment benefit credited to the employee).
*Service agreement* means a written agreement between an agency and an employee (or job candidate) under which the employee (or job candidate) agrees to a specified period of service in exchange for student loan repayment benefits, subject to the conditions set forth under this part.
*Student loan means* — ( 1 ) A loan made, insured, or guaranteed under parts B, D or E of title IV of the Higher Education Act of 1965; or
( 2 ) A health education assistance loan made or insured under part A of title VII of the Public Health Service Act or under part E of title VIII of that Act.
*Student loan repayment benefit* means the benefit provided to an employee under this part in which an agency repays (by a direct payment on behalf of the employee) a qualifying student loan as described in § 537.106(b) previously taken out by such employee. The dollar value of this benefit is the gross amount credited to the employee at the time of a loan payment to the holder of the student loan, before deducting any employee tax withholdings from that gross amount as described in § 537.106(a)(6)(iii). A student loan repayment benefit is not considered basic pay for any purpose.
*Time-limited appointment* means a non-permanent appointment including— ( 1 ) A temporary appointment under 5 CFR part 316, subpart D, or similar authority;
( 2 ) A term appointment under 5 CFR part 316, subpart C, or similar authority;
( 3 ) An overseas limited appointment with a time limitation under 5 CFR part 301, subpart B;
( 4 ) A limited term or limited emergency appointment in the Senior Executive Service, as defined in 5 U.S.C. 3132(a), or an equivalent appointment made for similar purposes;
( 5 ) A Veterans Recruitment Appointment under 5 CFR part 307;
( 6 ) A Presidential Management Fellows Program appointment under § 213.3402(c) of this chapter;
( 7 ) A Recent Graduates Program appointment under § 213.3402(b) of this chapter; and
( 8 ) An appointment under the fellowship and similar programs authority at 5 CFR 213.3102(r).
[73 FR 64865, Oct. 31, 2008, as amended at 77 FR 28223, May 11, 2012]
§ 430.301 General. ( a ) *Statutory authority.* Chapter 43 of title 5, United States Code, provides for the establishment of Senior Executive Service (SES) performance appraisal systems and appraisal of senior executive performance. This subpart prescribes regulations for managing SES performance to implement the statutory provisions at 5 U.S.C. 4311-4315.
( b ) *Purpose.* In order to improve the overall performance of Government, agencies must establish performance management systems that hold senior executives accountable (within their assigned areas of responsibility and control) for their individual performance and for organizational performance by— ( 1 ) Encouraging excellence in senior executive performance;
( 2 ) Aligning executive performance plans with the results-oriented goals required by the Government Performance and Results Act Modernization Act of 2010 (GPRAMA) or other strategic planning initiatives;
( 3 ) Setting and communicating individual and organizational goals and expectations that clearly fall within the executive's area of responsibility and control;
( 4 ) Reporting on the success of meeting organizational goals (including any factors that may have impacted success);
( 5 ) Systematically appraising senior executive performance using measures that balance organizational results with customer and employee perspectives, and other perspectives as appropriate; and
( 6 ) Using performance appraisals as a basis for pay, awards, development, retention, removal, and other personnel decisions.
( c ) *Savings provision.* Agencies without OPM approval to use the basic SES appraisal system issued by U.S. Office of Personnel Management (OPM) and the Office of Management and Budget on January 4, 2012, must design, obtain OPM approval for, and implement systems conforming to the requirements of this subpart no later than one year after October 26, 2015. No provision of this subpart will affect any administrative proceedings related to any action initiated under a provision of this chapter before October 26, 2015.
§ 532.261 Special wage schedules for leader and supervisory schedules for leader and supervisory wage employees in the Puerto Rico wage area. ( a ) The Department of Defense shall establish special wage schedules for leader and supervisory wage employees in the Puerto Rico wage area.
( b ) The step 2 rate for each grade of the leader wage schedule shall be equal to 120 percent of the rate for step 2 of the corresponding grade of the nonsupervisory regular wage schedule for the Puerto Rico wage area.
( c ) The step 2 rate for the supervisory wage schedule shall be: ( 1 ) For grades WS-1 through WS-10, equal to the rate for step 2 of the corresponding grade of the nonsupervisory regular wage schedule for the Puerto Rico wage area, plus 60 percent of the rate for step 2 of WG-10;
( 2 ) For grades WS-11 through WS-18, the second rate of WS-10 plus 5, 11.5, 19.6, 29.2, 40.3, 52.9, 67.1, and 82.8 percent, respectively, of the difference between the step 2 rates of WS-10 and WS-19; and
( 3 ) For grade WS-19, the third rate in effect for General Schedule grade GS-14 at the time of the area wage schedule adjustment. The WS-19 rate shall include any cost of living allowance payable for the area under 5 U.S.C. 5941.
( d ) Step rates shall be developed by using the formula established in § 532.203 of this subpart.
[55 FR 46144, Nov. 1, 1990]
#### § 351.603 Actions subsequent to release from competitive level.

An employee reached for release from a competitive level shall be offered assignment to another position in accordance with subpart G of this part. If the employee accepts, the employee shall be assigned to the position offered. If the employee has no assignment right or does not accept an offer under subpart G, the employee shall be furloughed or separated.
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A16A0465. CHRISTINA BYRD v. SUNTRUST MORTGAGE, INC.

Christina Byrd brought this action for damages and other relief. In a final order

dated October 21, 2014, the trial court granted Suntrust Mortgage Inc.’s motion to

dismiss. Byrd moved for reconsideration of that order. The trial court denied the

motion for reconsideration in an order entered January 15, 2015. On February 10,

2015, Byrd filed a notice of direct appeal. We lack jurisdiction because the notice of

appeal is untimely.

OCGA § 5-6-38 (a) requires that a notice of appeal be filed within 30 days of

entry of the appealable judgment. A motion for reconsideration does not extend the

time for filing a notice of appeal. Cheeley-Towns v. Rapid Group, 212 Ga. App. 183

(441 SE2d 452) (1994). Further, the denial of a motion for reconsideration is not in

itself an appealable order. Savage v. Newsome, 173 Ga. App. 271 (326 SE2d 5)

(1985). Here, Byrd filed her notice of appeal 112 days after the entry of the order

dismissing her case. Therefore, her untimely appeal is hereby DISMISSED for lack

of jurisdiction.

November 19, 2015
Court of Appeals of the State of Georgia

Clerk’s Office,

Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

11/19/2015
Exhibit 19
Exhibit  A

i    Licensee's Products ex. Article 1.5:

     Automated guided vehicles for any applications applied by Licensee, in
     indoor situations as well as outdoor situations using the Invention.
     Vehicles in two categories, either with payloads less than 4,000 kg or with
     payloads in excess of 4,000 kg.

ii   Licensed Territory ex. Article 1.6:

     The territory upon signing will be North -and South America without any
     country exceptions.

iii  Effective date ex. Article 1.10:

     Signing date, but no later than December 31st, 2003.

iv   Scope of License ex. Article 2.1:

     For the purpose of manufacturing, using, marketing and selling within the
     Licensed Territories.

v    License Fee for Licensee's Products defined in Article 1.5 and i. above:

     A total sum of One Hundred Thousand (100,000) Euro payable in accordance
     with the following: Licensee intends to pursue certain AGV system end users
     with system proposals incorporating Licensor's products. For each of the
     first four (4) Licensee AGV system contracts that incorporate Licensor's
     products, Licensee shall pay, at such time as Licensee has received fifty
     percent (50%) of the contract price from Licensee's customer, Twenty-Five
     Thousand (25,000) Euro to Licensor; provided, however, that if by December
     31, 2005, Licensee has not paid to Licensor four (4) installments of
     Twenty-Five Thousand (25,000) Euro as described above, Licensee shall pay
     to Licensor an amount equal to One Hundred Thousand (100,000) Euro less the
     aggregate of all prior license fees paid to Licensor by Licensee hereunder.

     Additional  license fees, not to exceed One Hundred Thousand (100,000)
     Euro, may be paid if Licensee sells more than four (4) AGV systems
     incorporating  Licensor's products. Upon receipt by Licensee of fifty
     percent (50%) of the contract  amount from the end user of any of such
     additional contracts, Licensee shall pay Twenty-Five Thousand (25,000) Euro
     to Licensor, provided that in no event shall Licensee pay more than Two
     Hundred Thousand (200,0000) Euro in the aggregate for license fees
     hereunder.

vi   Royalty ex. Article 10 subsection 1 and/or vehicle software license fee ex.
     Article 11 subsection 1:

     Pricing per Annual Price List.

vii  Price list:

     Licensor will provide Licensee a confidential price list on an annual
     basis, detailing all software fees, hardware cost and service rates
     affiliated with its offerings. Licensor will offer Licensee it most
     favorable pricing so it may stay competitive.

viii Term of the Agreement : 10 years.

/s/ Carel C. van Helsdingen                                   /s/ Claude Imbleau
---------------------------                                   ------------------
       Licensor                                                     Licensee