alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
- ·, '- , r ,......,... 

### SERVED: May 12,2015

U.S. DEPARTMENTOFTRANSPORTATION OFFICE OF·HEARINGS

WASHINGTON, DC

IN THE MATTER OF

MARCO FIMBRES DOCKETNO. FAA 2015-0204 (Civil Penalty Action) 

## ORDERVACATING SHOW CAUSE AND AMENDEDPROCEDURALORDER ·';

On March 3, 2015, we issued our Procedural Order. On April 8, 2015 the Federal Aviation Administration (hereinafter "FAA") filed a Motion to Deem Allegations Admitted. We issued an Amended Order to Show Cause on April 28, 2015. On March 28, 2015, Marco Fimbres (hereinafter "Fimbres") filed his Answer which was not in the file. We will vacate our Order to Show Cause and extend times to comply with our Procedural Order. Paragraphs #2 and #3 of the Procedural Order are amended as follows: WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. Our Order to Show Cause dated April 28, 2015, be and is hereby VACATED; and 2. Onor beforeJuly I, 2015, the parties shall conclude all discovery including. but not limited to, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannotresolve a discovery dispute they shall submitthe dispute to the undersigned for resolution in a timely manner; and 3. The parties shall be prepared to presentthis case at a hearing on or allcrJuly I, 2015, subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming.in a separate Order.**~.-I** ..:..· .} t

### Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service List

2

### SERVICE LIST- BY 

### U.S. MAIL ·ORIGINAL 

### & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing DocketClerk, AGC-430 Wilbur Wright Building-Suite2WI000 1

Marco A. Fimbres, 

### Respondent 4444 East Benson Highway, Trir21 Tucson, AZ 85706 Lierre Green, 

### Complainant's Counsel ONE COPY

Attorney, Office ofthe Regional Counsel, AWP-7.6 Weste.rn-Pacific Region Federal Aviation Administration P. 

### 0. Box 92007 Los Angeles, CA 90009-2007 TEL: 3I0-725-71 17 FAX: 310-725-6816
The Honorable Richard C. Goodwin.

### Administrative Law.Judge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2015-0204 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier. use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2WIOOO, Washington. DC 20591: Attention: Hearing Docket Clerk, AGC-430.
3
**EXHIBIT 31.2**

**CERTIFICATIONS**

I, Ronald W.Ristau, certify that:

1.     I havereviewed this quarterly report on Form 10-Q of New York &Company, Inc.;

2.     Based onmy knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.     Based onmy knowledge, the financial statements, and other financial informationincluded in this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the period presented in this report;

4.     Theregistrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:

a)     designedsuch disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)     evaluatedthe effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)     disclosedin this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting and

5.     Theregistrant’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of registrant’s board ofdirectors (or persons performing the equivalent functions):

a)     allsignificant deficiencies and material weaknesses in the design or operation ofinternal controls over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information and

b)     any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.
| Date: December 13, 2005 | /s/ RONALD  W. RISTAU                                  |
|------------------------------|--------------------------------------------------------|
|                         | *Chief Operating Officer and  Chief Financial Officer* |

 

----
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 13**  **- 6173** 

ANTHONY D. SANDERS , Petitioner

– Appellant ,

v. WARDEN, Federal Correctional Institution Edgefield , Respondent

– Appellee , and
UNITED STATES PAROLE COMMISSION , Respondent

.

Appeal from the United States District Court for the District of South Carolina , at Aiken

. David C. Norton , District Judge. ( 1:11

- cv - 01348

- DCN )

Submitted : July 25, 2013 Decided: July 29, 2013

Before GREGORY, DAVIS , and THACKER, Circuit Judges.

Affirmed by un published per curiam opinion

. Anthony D. Sanders, Appellant Pro Se. Barbara Murcier Bowens, Assistant United States Attorney, Columbia, South Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Anthony D. Sanders , a federal prisoner, appeals the district court ’ s order accepting the recommendation of the magistrate judge a nd denying relief on his 28 U.S.C. A. § 2241 (West 2006 & Supp. 2013) petition. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we affirm for the reasons stated by the district court. Sanders v. Warden, FCI Edgefie ld , No. 1:11

- cv - 01348

- DCN (D.S.C. Jan. 24, 2013)
. We deny Sanders’ motion for judicial notice of a 2009 parole hearing. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before
th is court and argument would not aid the decisional process.

AFFIRMED
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-80,610-02

EX P ARTE KENNETH WAYNE BELL , Appli cant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. C34388-CR IN THE COUNTY COURT AT LAW

F ROM NAVARRO COUNTY

Per curiam . O P I N I O N Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1 9 6 7 ). Ap p l icant was convicted of burg lary of a habitation and sente nced to f orty -three year s’ imprisonment. In a single ground, Applicant contends that trial counsel failed to file a notice of appea l. We

rema nded this application to the trial court for finding s of fac t and conclusions of law. The trial court has deter

mined that trial counsel fail ed t o fi l e a notice of appea l. We agree . Trial counsel, “re tained or appointed, has the duty , obligation and responsibility to consult with and fully to advise his c lient c oncer

ning meaning and eff

ect of the judgme nt r ender ed by the court, his right to a ppeal2

from that judgme nt, the nece ssity of g iving notice of appea l and taking o t h er s t ep s t o pursue an appea l, a s well as expressing his pr ofessional judgme nt a s to possible grounds for appea l a nd their merit, and delineating advanta g es and disadvantag es of appea l.” Ex parte Axe l , 757 S.W .2d 369, 374 (Tex. Crim. App. 1988); see also Jone s v. State , 98 S.W .3d 700, 702-03 (Te x . Crim. App. 2003). We find that Applicant is en t i t led to the opportunity to file an out-of-time appea l of the judgme nt of conviction in cause number C34388 from the County Court at L aw of Nava rro County

. Applicant is order ed returne d to that time at which he may g ive a written notice of appea l so that he may then, with the aid of counse l, obtain a meaning ful appe al. Withi n ten day s of the is suance of this opinion, the trial court shall deter mine whether Applicant is indige nt. I f Applicant is indig ent and wishes to be repr esente d by counsel, the tri al co urt shall immediately appoint an attorney to repr esent Applicant on direc t appea l. All time limit s shall be calc ulated as if the sentenc e had been imposed on the date on which the mandate of this Court issues. We h o ld that, should Applicant desire to prosec ute an appea l, he must take aff irmative steps to file a written notice of appea l in the trial court within 30 day s after the mandate of this Court issues. Copies of this opinion shall be sent to the Texas Depa rtment of Criminal Ju s ti ce- Correc tional Institut ions Division and Pardons and Paroles Division.

Deliver ed: Marc h 12, 2014 Do not publish
No: II-07-044 September 11, 2007 

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov 

 Roger Hannah (404)562-4417 

NRC SENDS SPECIAL INSPECTION TEAM TO McGUIRE NUCLEAR PLANT 

TO ASSESS INCORRECT INSTALLATION OF EQUIPMENT

 The Nuclear Regulatory Commission is sending a Special Inspection Team to the 

McGuire nuclear power plant, operated by Duke Energy near Huntersville, N.C. to assess the 

circumstances surrounding the discovery of some metal caps on oil coolers that had been 

improperly installed. Those caps, called endbells, are designed to direct the flow of water back 

through the coolers associated with the plant’s centrifugal charging pumps. The endbells were 

found to have been rotated either 45 or 90 degrees when installed, reducing the flow of water 

through the oil coolers. 

 The NRC’s two-person Special Inspection Team will develop a sequence of events; 

review the company’s response to the issue; assess the plant staff’s analysis, maintenance and 

corrective actions; assess the extent of condition at Duke Energy’s Catawba plant near York, 

S.C.; and assess the previous performance of the coolers. 

 The special inspection is expected to take about a week and a half, and the NRC will 

issue a report within 30 days after the inspection. 

 

### 

News releases are available through a free listserv 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. 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region II 

61 Forsyth Street SW, Atlanta GA 30303 

Web Site: www.nrc.gov
### §20107. Crime victims legal assistance grants

#### (a) In general

The Director may make grants as provided in section 20103(c)(1)(A) of this title to State, tribal, and local prosecutors' offices, law enforcement agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish, and maintain programs for the enforcement of crime victims' rights as provided in law.

#### (b) Prohibition

Grant amounts under this section may not be used to bring a cause of action for damages.

#### (c) False Claims Act

Notwithstanding any other provision of law, amounts collected pursuant to sections 3729 through 3731 of title 31 (commonly known as the "False Claims Act") may be used for grants under this section, subject to appropriation.

(Pub. L. 98–473, title II, §1404D, as added Pub. L. 108–405, title I, §103(a), Oct. 30, 2004, 118 Stat. 2264.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 10603d of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Notices]
[Page 63409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24384]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Parole Commission


Public Announcement; Pursuant to the Government in the Sunshine 
Act (Pub. L. 94-409) [5 U.S.C. 552b]

AGENCY HOLDING MEETING: Department of Justice, United States Parole 
Commission.

TIME AND DATE: 10:30 a.m., Monday, November 8, 2004.

PLACE: 5550 Friendship Boulevard, 4th Floor, Chevy Chase, Maryland 
20815.

STATUS: Open.

MATTERS TO BE CONSIDERED: The meeting is being held to discuss and vote 
on rule amendments that would extend an administrative appeal procedure 
to revoked District of Columbia parolees and allow revocation decisions 
for such parolees to be made, in most cases, by one Parole 
Commissioner.

AGENCY CONTACT: Pamela Posch, Office of the General Counsel, United 
States Parole Commission, (301) 492-5959.

    Dated: October 27, 2004.
Rockne Chickinell,
General Counsel, United States Parole Commission.
[FR Doc. 04-24384 Filed 10-28-04; 9:48 am]
BILLING CODE 4410-10-M
# L_2014321EN.01000101.xml

| 7.11.2014 | EN | Official Journal of the European Union | L 321/1 |
| --- | --- | --- | --- |

7.11.2014

EN

Official Journal of the European Union

L 321/1

---

Information relating to the entry into force of the Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation

The Agreement between the European Union and the Republic of Cape Verde on the readmission of persons residing without authorisation will enter into force on 1 December 2014, the procedure provided for in Article 22(2) of the Agreement having been completed on 15 October 2014.

---
Exhibit 15.1




CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
 The Board of Directors and Shareholders
  Camtek Ltd:
  We consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-84476, 333-60704, 333-49982, 333-113139, 333-156287 and 333-168234) of Camtek Ltd. of our report dated April 6, 2011, with respect to the consolidated balance sheets of Camtek Ltd. as of December 31, 2010 and 2009, and the related consolidated statements of operations, shareholders’ equity and cash flows for each of the years in the three-year period ended December 31, 2010, which report appears in the December 31, 2010 annual report on Form 20-F of Camtek Ltd.  (the “Annual Report”).
 Our report refers to the adoption by the Company of the provisions of FASB Statement No. 141R, included in ASC Topic 805 Business Combinations, related to business combinations and noncontrolling interests, effective January 1 2009.
 Somekh Chaikin
 A member firm of KPMG International
 Certified Public Accountants
  Tel Aviv, Israel
 
 April 6, 2011
DEPARTMENT OF HEALTH AND HUMAN SERVICES 

Centers for Medicare & Medicaid Services 

42 CFR Parts 417, 422, and 423 

[CMS-4144-CN] 

RIN 0938-AQ00 

Medicare Program; Proposed Changes to the Medicare Advantage and the 

Medicare Prescription Drug Benefit Programs for Contract Year 2012 and Other 

Proposed Changes; Correction 

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. 

ACTION: Correction of proposed rule. 

SUMMARY: This document corrects a technical error that appeared in the proposed 

rule entitled "Medicare Program; Proposed Changes to the Medicare Advantage and the 

Medicare Prescription Drug Benefit Programs for Contract Year 2012 and Other 

Proposed Changes" which was filed for public inspection on November 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sabrina Ahmed, (410) 786-7499. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2010-28774 filed November 10, 2010, there was a technical error that 

is identified and corrected in the Correction of Errors section below. 

II. Summary of Errors 

In the "DATES" section, we inadvertently requested that the Office of the Federal 

Register base the comment period closing date on the date the proposed rule will appear 
CMS-4144-CN 2 

in the Federal Register instead of the date of filing for public inspection. Therefore, in 

section III. of this correction notice, we correct this error by inserting the date that the 

comment period closes, which is January 11, 2011. 

III. Waiver of 60-Day Comment Period 

We ordinarily permit a 60-day comment period on notices of proposed rulemaking 

in the Federal Register, as provided in section 1871(b)(1) of the Act. The change made 

by this correction notice does not constitute agency rulemaking, and therefore the 60-day 

comment period does not apply. This correction notice merely corrects a technical error 

in the proposed rule and does not make substantive changes to the proposed rule that 

would require additional time on which to comment. Instead, this correction notice is 

intended to ensure the accuracy of the proposed rule. 

IV. Correction of Errors 

In FR Doc. 2010-28774 filed November 10, 2010, make the following correction: 

1. In the "DATES" section, the phrase "[OFR--insert date 60 days after date of

publication in the Federal Register]" is corrected to read "January 11, 2011."
CMS-4144-CN 

(Catalog of Federal Domestic Assistance Program No. 93.773, Medicare--Hospital 

Insurance; and Program No. 93.774, Medicare--Supplementary Medical Insurance 

Program) 

Dated: November 12, 2010

________________________ 

Barbara J. Holland,

Deputy Executive Secretary to the 

Department. 
CMS-4144-CN 4 

BILLING CODE 4120-01-P 

[FR Doc. 2010-28997 Filed 11/12/2010 at 4:15 pm; Publication Date: 11/22/2010]
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Access Controls for Spent Fuel Storage Pools

## HPPOS-245 PDR-9111220092

See the memorandum from L. J. Cunningham to J. H. Joyner dated November 9, 1990.

This memo provides guidance concerning the "establishment of locked high radiation areas." Radioactive materials that could result in dose rates greater than 1000 mrem/hr are stored under water in a spent fuel storage (SFS) pool. These radioactive materials are sometimes contained in buckets hung from railings around the SFS pool. It is assumed that when the materials are stored in the pool, the dose rates above the pool in the vicinity of the stored materials are less than 100 mrem/hr. The health physics position was written in the context of 10 CFR 20.203, but it also applies to "new" 10 CFR 20.1601. HPPOS-106 contains a related topic.

HPPOS-016 states that because of the inaccessibility to personnel of the area in which radioactive materials are stored (under water), SFS pools are not considered to be high radiation areas and therefore the requirements of 10 CFR 20.203 (c) (2) [or 10 CFR 20.1601 (a)] do not apply. HPPOS-016 also states that when a diver enters the pool or upon movement of highly radioactive materials stored in the pool, proper health physics controls must be instituted.

Movement of radioactive material stored in the pool has the potential to create a high radiation area around the pool; however, a high radiation area is not created until movement of the material actually results in a radiation level, in an area that is accessible to personnel, that could result in a dose in excess of 100 mrem in any one hour. Therefore, the relative accessibility of radioactive material stored in buckets hung from railings around the pool is not applicable to the requirements of 10 CFR 20.203 (c) (2) [or 10 CFR 20.1601 (a)].

IE Information Notice 90-33, dated May 9, 1990, provides suggestions for radiological control considerations that can help minimize the possibility of unexpected exposure from radiation sources in SFS pools. The suggestions include: "Measures to ensure that highly radioactive objects stored under water at one end of a line whose other end is secured above the surface of the pool are not unexpectedly pulled to the surface." Such measures may include locking mechanisms that prevent inadvertent and unauthorized withdrawal of such sources. This practice is not a regulatory requirement; however, the requirements for "Instructions to Workers" in 10 CFR 19.12 are applicable. Workers in SFS pool areas must "be kept informed of the storage, transfer, or use of radioactive materials" stored in the pool and must be instructed in "precautions or procedures to minimize exposure" that may result from this method of storage. Appropriate formal training and posting of signs that warn of the hazards of source withdrawal are among the ways to meet this requirement.

**Regulatory references:** 10 CFR 19.12, 10 CFR 20.203, 10 CFR 20.1601

**Subject codes:**4.1

**Applicability:** Reactors

Page Last Reviewed/Updated Wednesday, October 18, 2017
§ 362.305 Conversion to the competitive service. ( a ) An agency may noncompetitively convert a Recent Graduate who is a U.S. citizen to a competitive service term or permanent position when the Recent Graduate has: ( 1 ) Successfully completed at least 1-year of continuous service in addition to all the requirements of the Recent Graduates Program;
( 2 ) Demonstrated successful job performance consistent with the applicable performance appraisal program established under the agency's approved performance appraisal system that results in a rating of record (or summary rating) of at least Fully Successful or equivalent and a recommendation for conversion by the first-level supervisor; and
( 3 ) Met the OPM Qualification Standard for the competitive service position to which the Recent Graduate will be converted.
( b ) An agency must make the noncompetitive conversion effective on the date the service requirement is met, or at the end of an agency-approved extension, if applicable.
( c ) A Recent Graduate may be converted to a permanent or term position at a different agency when the following conditions are met: ( 1 ) The employing (or losing) agency is unable to convert the Recent Graduate to a term or permanent position in the competitive service in the current organizational unit of the employing agency or another component within the same Department or agency. The reasons for conversion at another agency may include unforeseen budgetary constraints; reorganizations; abolishment of positions; completion of cohort-based Pathways programs; or other appropriate reasons. Such a conversion to another agency may not be due to issues related to misconduct, poor performance, or suitability;
( 2 ) Conversion must occur on or before the end of the agency prescribed Program period, plus any agency-approved extension; and
( 3 ) The position at the new agency must have a full performance level that is equivalent or less than the position they would have been converted to at the prior agency.
[77 FR 28215, May 11, 2012, as amended at 89 FR 25774, Apr. 12, 2024]
#### § 179.218 Additional administrative collection action.

Nothing contained in this subpart is intended to preclude the use of any other administrative remedy which may be appropriate.