alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 97-30403

(Summary Calendar)

 

ADVANCED MATERIALS, INC.,

Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA; 

WILLIAM H. REED; E. A. BURGESS; 

GARY BAZZELL; PHILLIP RODGERS,

Defendants-Appellees.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

(USDC No. 96-CV-771-I)

- - - - - - - - - -

January 14, 1998

Before WIENER, BARKSDALE, and EMILIO M. GARZA, Circuit Judges. 

PER CURIAM:*

Advanced Materials, Inc. (“AMI”) appeals the dismissal of its

claims for lack of subject-matter jurisdiction. The individual

defendants were employee auditors for the Defense Contract Audit

Agency (“DCAA”), which performed the auditing and accounting

functions regarding a research and development contract between AMI

and the Department of Defense. Based on DCAA’s analysis, the
2

Department of Defense disallowed the reimbursement of contract

costs to AMI.

AMI alleges that the individual defendants were negligent in

auditing and analyzing AMI’s contract and committed various acts as

of libel or slander disparaging AMI. AMI has filed these claims

under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b),

2671-80. The FTCA acts as a waiver of the United States’ sovereign

immunity from suit. However, the FTCA explicitly excludes any

claims “arising out of . . . libel, slander, . . . or interference

with contract rights. . . .” 28 U.S.C. § 2680(h). Although AMI

has framed its claims in terms of negligence, the claims regarding

contract analysis and auditing are clearly based in contract and

cannot be considered tort claims for purposes of the FTCA. See

Davis v. United States, 961 F.2d 53, 56 (5th Cir. 1991). As none

of AMI’s claims fall within the FTCA’s waiver of sovereign

immunity, the district court lacked subject-matter jurisdiction to

consider them and properly dismissed the suit. See Truman v.

United States, 26 F.3d 592, 594 (5th Cir. 1994).

AFFIRMED.
### §152311. Liability for acts of officers and agents

The corporation is liable for the acts of its officers and agents acting within the scope of their authority.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1414.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 152311 | 36:671. | Aug. 1, 1956, ch. 824, §11, 70 Stat. 796. |

Section
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 

Site: http://www.nrc.gov

No. 07-126 October 3, 2007

NRC MEETING OCT. 24 IN MINERAL, VA., TO DISCUSS 

REVIEW PROCESS FOR EXPECTED NEW REACTOR APPLICATION 

 Nuclear Regulatory Commission staff will conduct a public meeting in Mineral, Va., on 

Wednesday, Oct. 24, to discuss how the agency will review an expected Combined License (COL) 

application for a new reactor at the North Anna site, about 40 miles northwest of Richmond. The 

prospective applicant, Dominion, has told the NRC it intends to apply later this year for a license to 

build and operate an Economic and Simplified Boiling Water Reactor (ESBWR) at North Anna. 

 “The NRC is ready to review this application and the others we’re expecting over the next 

couple of years. Communities near these sites need to know what’s ahead,” said David Matthews, 

Director of the Division of New Reactor Licensing in the NRC’s Office of New Reactors. “We’re 

going to work with residents to help them understand the process and how they can participate, 

because they can provide valuable information.” 

 The meeting will be held in the Auditorium of the Louisa County Middle School, 1009 

Davis Highway in Mineral, from 7 p.m. until 9:30 p.m. NRC staff presentations will describe the 

overall Combined License review process, which includes safety and environmental assessments, as 

well as how the public can participate in the process. The NRC will host an open house for an hour 

prior to the meeting so members of the public have the opportunity to talk informally with agency 

staff. 

 A COL, if issued, provides authorization from the NRC to construct and, with conditions, 

operate a nuclear power plant at a specific site and in accordance with laws and regulations. More 

information on the NRC’s new reactor licensing process is available on the agency’s Web site here: 

http://www.nrc.gov/reactors/new-reactor-licensing.html . 

 The ESBWR is under NRC review to be certified as a reactor design that can be referenced 

in a COL. It is a 1,600 MWe, natural-circulation boiling water reactor that incorporates passive 

safety systems.

### 

 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.
Exhibit No. 23 

Consent of Independent Registered Public Accounting Firm 

The Board of Directors 

Armstrong Holdings, Inc.: 

We consent to the incorporation by reference inthe Registration Statements No. 33-65768 and 333-79093 on Form S-8 of Armstrong Holdings, Inc. of our report dated April 16, 2007, with respect to the consolidated balance sheets of Armstrong Holdings, Inc. and subsidiaries as ofDecember 31, 2006 and 2005, and the related consolidated statements of earnings, stockholders’ equity, and cash flows for each of the years in the three-year period ended December 31, 2006, which report appears in theDecember 31, 2006 annual report on Form 10-K of Armstrong Holdings, Inc. 

Our report dated April 16, 2007 contains an explanatory paragraph thatstates that the Company has conducted no business and has had no operations since the Company’s stock ownership in Armstrong World Industries, Inc. was cancelled on October 2, 2006 and the Board of Directors is evaluating what futureaction is in the best interests of the Company, including the matter of dissolution and an evaluation of its assets, obligations and tax position and that these matters raise substantial doubt about its ability to continue as a going concern. Theconsolidated financial statements do not include any adjustments that might result from the outcome of that uncertainty. 

/s/ KPMG LLP 

Philadelphia, Pennsylvania 

April 16, 2007
EMPLOYER STATUS DETERMINATION

Sierra Pacific Coast Railway, Inc. d/b/a

The Eccles & Eastern Railroad Company, Inc.

This is the determination of the Railroad Retirement Board concerning the status of

Sierra Pacific Coast Railway, Inc. d/b/a The Eccles & Eastern Railroad Company, Inc.

(EERX) as an employer under the Railroad Retirement Act (45 U.S.C. § 231 et sea.)

(RRA) and the Railroad Unemployment Insurance Act (45 U.S.C. § 351 et sea.)

(RUIA).

Information regarding EERX was provided by Robert S. Boehm, manager of

information services of EERX. According to Mr. Boehm, EERX commenced operations

and first compensated employees on October 1, 1 994. Rick Mammon is the chief

executive officer of EERX. EERX currently has seven employees.

In Interstate Commerce Commission (ICC) Finance Docket 32586, EERX filed a notice

of exemption to operate over an 8.8 mile line, owned by the Santa Cruz, Big Trees &

Pacific Railway (SCBG), a covered employer under the Acts. The 8.8 miles of rail line

is between Eccles, CA, at or near mile post 129.8, and Santa Cruz, CA, at or near

mile post 121.0 in Santa Cruz County, California. EERX operates freight service

through a lease with SCBG. The transaction includes a 15 year renewable lease on 

2.1 miles of mainline spurs, sidings and operating plant assets, and incidental trackage

rights over 6.7 miles of SCBG's portion between the leased line and the Southern

Pacific Railroad interchange in Santa Cruz. According to Mr. Boehm, EERX

interchanges with Southern Pacific Railroad (BA No. 1713).

The evidence of record establishes that EERX is a carrier operating in interstate

commerce. Accordingly, it is determined that the Sierra Pacific Coast Railway, Inc.

d/b/a The Eccles & Eastern Railroad Company, Inc. is an employer within the meaning

of section 1 (a)(1)(i) of the Railroad Retirement Act (45 U.S.C. § 231 a( 1)(i)) and the

corresponding provision of the Railroad Unemployment Insurance Act effective

October 1, 1994, the date as of which it first commenced operations.

Glen L. Bower

Jdrome F. Kever

/ / u
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 Global  Envirotech,  Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2006 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report").  I,
Carl L. Urich, President, Chief Executive Officer and Chief Financial Officer of
the company,  certify,  pursuant to 18 USC Section 1350, as adopted  pursuant to
Section 906 of the  Sarbanes-Oxley Act of 2002, that to the best of my knowledge
and belief.

        (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/ Carl L. Urich
                                         --------------------------------
                                         Carl L. Urich, President, CEO & CFO

Dated: May 15, 2006
§ 1312.29 Destruction. The destruction of classified material will be accomplished under the direction of the TSCO or the appropriate ATSCO, who will assure that proper accountability records are kept. Classified official record material will be processed to the Information Systems and Technology, Records Management Office, Office of Administration, NEOB Room 5208, in accordance with OMB Manual Section 540. Classified nonrecord material will be destroyed as soon as it becomes excess to the needs of the office. The following destruction methods are authorized: ( a ) *Shredding.* Using the equipment approved for that purpose within OMB offices. Shredders will not accommodate typewriter ribbons or cassettes. Shredding is the only authorized means of Destroying Top Secret material.
( b ) *Burn bag.* Classified documents, cassettes, ribbons, and other materials at the Secret level or below, not suitable for shredding, may be destroyed by using burn bags, which can be obtained from the supply store. They will be disposed of as follows: ( 1 ) *OEOB.* Unless on an approved list for pick-up of burn bags, all other burn bags should be delivered to Room 096, OEOB between 8:00 a.m. and 4:30 p.m. Burn bags are not to be left in hallways.
( 2 ) *NEOB.* Hours for delivery of burn bag materials to the NEOB Loading Dock Shredder Room are Monday through Friday from 8:00 a.m. to 9:30 a.m.; 10:00 a.m. to 11:00 a.m.; 11:45 a.m. to 1:30 p.m. and 2:00 p.m. to 3:30 p.m. The phone number of the Shredder Room is 395-1593. In the event the Shredder Room is not manned, do not leave burn bags outside the Shredder Room as the security of that material may be compromised.
( 3 ) Responsibility for the security of the burn bag remains with the OMB office until it is handed over to the authorized representative at the shredder room. Accountability records will be adjusted after the burn bags have been delivered. Destruction actions will be recorded on OMB Form 87 by the division TSCO or by the appropriate ATSCO at the time the destruction is accomplished or at the time the burn bag is delivered to the U.D. Officer.
( c ) *Technical guidance.* Technical guidance concerning appropriate methods, equipment, and standards for destruction of electronic classified media, processing equipment components and the like, may be obtained by submitting all pertinent information to NSA/CSS Directorate for Information Systems Security, Ft. Meade, Maryland 20755. Specifications concerning appropriate equipment and standards for destruction of other storage media may be obtained from the General Services Administration.
xml version="1.0" encoding="UTF-8"?


L\_2017099EN.01002601.xml


| | | | |
| --- | --- | --- | --- |
| 12.4.2017 | EN | Official Journal of the European Union | L 99/26 |

---

DECISION No 48/2017 OF THE JOINT COMMITTEE ESTABLISHED UNDER THE AGREEMENT ON MUTUAL RECOGNITION BETWEEN THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA

of 27 March 2017

related to the listing of conformity assessment bodies under the Sectoral Annex for Electromagnetic Compatibility [2017/690]

THE JOINT COMMITTEE,

Having regard to the Agreement on Mutual Recognition between the European Community and the United States of America and in particular Article 7 and 14,

Whereas the Joint Committee is to take a decision to list a conformity assessment body or bodies under a Sectoral Annex,

HAS DECIDED AS FOLLOWS:

| | |
| --- | --- |
| 1. | The conformity assessment body in Attachment A is added to the list of conformity assessment bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility. |

| | |
| --- | --- |
| 2. | The specific scope of listing, in terms of products and conformity assessment procedures, of the conformity assessment body indicated in Attachment A has been agreed by the Parties and will be maintained by them. |

This Decision, done in duplicate, shall be signed by representatives of the Joint Committee who are authorised to act on behalf of the Parties for purposes of amending the Agreement. This Decision shall be effective from the date of the later of these signatures.

On behalf of the United States of America

James C. SANFORD

Signed in Washington DC, on 6 March 2017

On behalf of the European Union

Ignacio IRUARRIZAGA

Signed in Brussels, on 27 March 2017

---

Attachment A

EC conformity assessment body added to the list of conformity assessment bodies under column ‘EC access to the US market’ in Section V of the Sectoral Annex for Electromagnetic Compatibility

| | | | | |
| --- | --- | --- | --- | --- |
| | | | --- | | TÜV RHEINLAND ITALIA S.R.L. | | via E. Mattei, 3 | | 20010 Pogliano Milanese | | ITALY | |

---
### §30302. Purposes

The purposes of this chapter are to—

(1) establish a zero-tolerance standard for the incidence of prison rape in prisons in the United States;

(2) make the prevention of prison rape a top priority in each prison system;

(3) develop and implement national standards for the detection, prevention, reduction, and punishment of prison rape;

(4) increase the available data and information on the incidence of prison rape, consequently improving the management and administration of correctional facilities;

(5) standardize the definitions used for collecting data on the incidence of prison rape;

(6) increase the accountability of prison officials who fail to detect, prevent, reduce, and punish prison rape;

(7) protect the Eighth Amendment rights of Federal, State, and local prisoners;

(8) increase the efficiency and effectiveness of Federal expenditures through grant programs such as those dealing with health care; mental health care; disease prevention; crime prevention, investigation, and prosecution; prison construction, maintenance, and operation; race relations; poverty; unemployment; and homelessness; and

(9) reduce the costs that prison rape imposes on interstate commerce.

(Pub. L. 108–79, §3, Sept. 4, 2003, 117 Stat. 974.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 15602 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
COMANCHE PEAK APPLICATION FOR 

NEW REACTORS AVAILABLE ON NRC WEB SITE 

The Nuclear Regulatory Commission has made available to the public the combined 

license (COL) application for two new reactors at the Comanche Peak site near Glen Rose, 

Texas. 

The applicant, Luminant Generation, submitted the application and associated 

information Sept. 19. The application, minus proprietary or security-related details, is available 

on the NRC Web site at: http://www.nrc.gov/reactors/new-reactors/col/comanche-peak.html. 

The Luminant application seeks approval to build and operate two U.S. Advanced 

Pressurized Water Reactors (US-APWR) at the site, about four miles north of Glen Rose. The 

US-APWR is a Mitsubishi Heavy Industries-designed 1,700 MWe pressurized-water reactor the 

NRC is currently reviewing for possible certification. More information regarding the review is 

available on the NRC’s Web site at: http://www.nrc.gov/reactors/new-reactors/designcert/apwr/dcd.html. 

The NRC staff is currently conducting an initial check of the application to determine 

whether it contains sufficient information required for a formal review. If the application passes 

the initial check, the NRC will docket it for review; this decision is expected by mid-November. 

If the staff accepts the application, the NRC will then notice an opportunity for the public to 

participate in an adjudicatory hearing on the application. 

Information about the new reactor licensing process is available on the NRC Web site at: 

http://www.nrc.gov/reactors/new-reactors.html. 

### 

 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 Telephone: 301/415-8200 

Washington, D.C. 20555-0001 

E-mail: opa@nrc.gov 

Site: http://www.nrc.gov

No. 08-188 October 10, 2008
### §100112. Annual report

The corporation shall submit an annual report to Congress on the activities of the corporation during the prior fiscal year. The report shall be submitted at the same time as the report of the audit required by section 10101 of this title. The report may not be printed as a public document.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1366.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 100112 | 36:1711. | Nov. 20, 1981, Pub. L. 97–82, §12, 95 Stat. 1093. |

Section

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

#### Termination of Reporting Requirements

For termination, effective May 15, 2000, of reporting provisions in this section, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 201 of House Document No. 103–7.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

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

 Web Site: www.nrc.gov

No. 02-073 June 10, 2002

 NRC’S OFFICE OF INSPECTOR GENERAL SCHEDULES

 ANNUAL CONFERENCE JUNE 12

The Nuclear Regulatory Commission’s Office of Inspector General will hold its annual

Information and Planning Conference on June 12 to discuss the agency’s role in protecting public health

and safety with regard to high-level radioactive waste activities.

Following welcoming remarks by Inspector General Hubert T. Bell, NRC Chairman 

Richard A. Meserve will deliver the keynote address. A panel composed of NRC employees will then

address high-level waste transportation, storage, and disposal with particular emphasis on NRC safety

regulations and processes. There will be an opportunity for questions during the panel discussion.

The OIG has a responsibility to independently and objectively conduct audits and investigations

to help improve the efficiency and effectiveness of NRC’s programs and operations. It strives to

prevent and detect agency fraud, waste, and abuse. Information and insights from the conference will

help the OIG plan its activities for the coming year. 

The conference, which is open to the public, will be held from 8:30 a.m. to 12:00 noon in the

Commissioner’s Conference Room at 11555 Rockville Pike, Rockville, Maryland. It will be telecast to

NRC’s four regional offices where interested members of the public are invited to attend. The regional

offices are located in King of Prussia, Pennsylvania; Atlanta, Georgia; Lisle, Illinois; and Arlington,

Texas. The conference will be close captioned for the hearing impaired.

For further information, contact Cheryl Montgomery-White at (301) 415-8058 or Russ Irish at

(301) 415-5972. A detailed agenda along with a list of participants is attached.

 ###
 OIG ANNUAL INFORMATION AND PLANNING CONFERENCE

 

 NRC’s Role in Protecting Public Health and Safety

 in the High-Level Radioactive Waste Arena 

 

 Commissioners’ Hearing Room -- OWFN

 June 12, 2002

 AGENDA

8:30 - 8:45 a.m. Welcoming Remarks & Introduction of Chairman

Meserve

Hubert T. Bell, Inspector

General

8:45 - 9:15 a.m. Keynote Address Richard A. Meserve, Chairman,

NRC

9:15 - 9:25 a.m. Break and Panel Set-up 

 

9:25 - 9:30 a.m. Introduction of Panelists 

Charles Miller, NMSS, NRC

Steve Jones, NRR, NRC

Janet Schlueter, NMSS, NRC

Mitzi Young, OGC, NRC

C. William Reamer -

Moderator - Deputy Division

Director, NMSS/ DWM

9:30 - 10:30 a.m. Session 1 

Spent Fuel Storage and Transportation 

w/ Question and Answer 

10:30 - 10:45 a.m. Break

10:45 a.m. - 11:45 a.m. Session 2

High-Level Radioactive Waste Repository Hearing

Process 

w/ Question and Answer

11:45 - 12 noon Closing Remarks Hubert T. Bell, Inspector

General

OFFICE OF THE 

INSPECTOR GENERAL
-       - Superintendent of Documents
      - 2022-04-20T06:17:01-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office