alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### The People of the State of New York, Respondent, v Charles J. Matthews, Appellant.

[820 NYS2d 533]

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J), rendered October 3, 2005, convicting defendant upon his plea of guilty of two counts of the crime of attempted criminal sexual act in the second degree.

Defendant executed a waiver of the right to appeal and pleaded guilty to two counts of attempted criminal sexual act in the second degree. He was sentenced in accordance with the plea agreement to consecutive jail terms of one year on each count. On appeal, counsel seeks to be relieved of his assignment on the ground that there are no nonfrivolous issues that can be raised on appeal. Upon our review of the record and assigned counsel’s brief, we agree. The judgment is, accordingly, affirmed and the application to be relieved of his assignment is granted *(see People v Cruwys,*113 AD2d 979 [1985], *lv denied*67 NY2d 650 [1986]; *see generally People v Stokes,*95 NY2d 633 [2001]).

Peters, J.P., Carpinello, Mugglin, Rose and Lahtinen, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.
§ 970.512 Modification of terms, conditions and restrictions. ( a ) After issuance or transfer of any license, the Administrator, after consultation with interested agencies and the licensee, may modify any term, condition, or restriction in such license for the following purposes: ( 1 ) To avoid unreasonable interference with the interests of other nations in their exercise of the freedoms of the high seas, as recognized under general principles of international law. This determination will take into account the provisions of § 970.503;
( 2 ) If relevant data and other information (including, but not limited to, data resulting from exploration activities under the license) indicate that modification is required to protect the quality of the environment or to promote the safety of life and property at sea;
( 3 ) To avoid a conflict with any international obligation of the United States, established by any treaty or convention in force with respect to the United States, as determined in writing by the President; or
( 4 ) To avoid any situation which may reasonably be expected to lead to a breach of international peace and security involving armed conflict, as determined in writing by the President.
( b ) The procedures for objection to the modification of a term, condition or restriction will be the same as those for objection to an original term, condition or restriction under § 970.510, except that the period for filing notice of objection will run from the receipt of notice of proposed modification. Public notice of proposed modifications under this section will be made according to § 970.514. On or before the date of publication of public notice, written notice will be provided to the licensee.
[46 FR 45903, Sept. 15, 1981; 47 FR 5966, Feb. 9, 1982]
#### § 30.63 Office of Management and Budget control numbers assigned pursuant to the Paperwork Reduction Act.

(a) *Purpose.* This subpart will comply with the requirements of the Paperwork Reduction Act (PRA), [44 U.S.C. 3507(f)](https://www.govinfo.gov/link/uscode/44/3507), which requires that agencies display a current control number assigned by the Director of OMB for each agency information collection requirement.

(b) *Display.*

| 15 CFR section where identified and described | Current OMB control No. |
| --- | --- |
| §§ 30.1 through 30.99 | 0607-0152 |
### §7113. Evidentiary record before the Board of Veterans' Appeals

(a) Cases With No Request for a Hearing or Additional Evidence.—For cases in which a hearing before the Board of Veterans' Appeals is not requested in the notice of disagreement and no request was made to submit evidence, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.

(b) Cases With a Request for a Hearing.—(1) Except as provided in paragraph (2), for cases in which a hearing is requested in the notice of disagreement, the evidentiary record before the Board shall be limited to the evidence of record at the time of the decision of the agency of original jurisdiction on appeal.

(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:

(A) Evidence submitted by the appellant and his or her representative, if any, at the Board hearing.

(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following the Board hearing.

(c) Cases With No Request for a Hearing and With a Request for Additional Evidence.—(1) Except as provided in paragraph (2), for cases in which a hearing is not requested in the notice of disagreement but an opportunity to submit evidence is requested, the evidentiary record before the Board shall be limited to the evidence considered by the agency of original jurisdiction in the decision on appeal.

(2) The evidentiary record before the Board for cases described in paragraph (1) shall include each of the following, which the Board shall consider in the first instance:

(A) Evidence submitted by the appellant and his or her representative, if any, with the notice of disagreement.

(B) Evidence submitted by the appellant and his or her representative, if any, within 90 days following receipt of the notice of disagreement.

(Added Pub. L. 115–55, §2(w)(1), Aug. 23, 2017, 131 Stat. 1114.)

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

#### Effective Date

Section applicable to all claims for which the Secretary of Veterans Affairs provides notice of a decision under section 5104 of this title on or after the later of 540 days after Aug. 23, 2017, or 30 days after the date on which the Secretary submits to Congress a certification of certain capabilities of the Department of Veterans Affairs to carry out the new appeals system established by Pub. L. 115–55 and to address appeals of decisions on legacy claims, with provision for early applicability of the new appeals system to certain claims, see section 2(x) of Pub. L. 115–55, set out as an Effective Date of 2017 Amendment note under section 101 of this title, and bracketed note thereunder.
NRC SCHEDULES MEETING WITH TVA TO DISCUSS FLOOD MITIGATION 

STRATEGIES AT SEQUOYAH AND WATTS BAR NUCLEAR POWER PLANTS

The Nuclear Regulatory Commission staff has scheduled a public meeting for Monday, 

Dec. 3, to discuss flood-related improvement strategies for the Sequoyah and Watts Bar nuclear 

plants with Tennessee Valley Authority officials.

The Sequoyah plant is on Chickamauga Lake about 16 miles northeast of Chattanooga,

and the Watts Bar plant is on Watts Bar Lake about 60 miles southwest of Knoxville. Both lakes 

are part of the Tennessee River system and TVA must account for potential flooding in the plant 

site design and emergency procedures. TVA requested the meeting with the NRC to provide an 

update to the NRC staff.

The meeting is scheduled for 10 a.m. EST in the NRC Region II office, 245 Peachtree 

Center Ave. NE, Suite 1200, in Atlanta. The meeting is open to the public, but it is possible some 

portions of the meeting may be closed if the information relates to plant security. NRC officials 

will be available to answer questions from the public after the business portion of the meeting.

###

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should 

contact the Office of Public Affairs beforehand.

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES 

link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are 

posted to NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region II

245 Peachtree Center Ave., NE, Suite 1200

Atlanta, GA 30303-1257

Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No: II-12-065

CONTACT: Roger Hannah (404) 997-4417

 Joey Ledford (404) 997-4416 

 November 27, 2012

E-mail: OPA2.Resource@nrc.gov
§ 1201.40 Interpretation concerning bathtub and shower doors and enclosures. ( a ) *Purpose and background.* The purpose of this section is to clarify the scope of the terms “bathtub doors and enclosures” and “shower door and enclosure” as they are used in the Standard in subpart A. The Standard lists the products that are subject to it (§ 1201.1(a)). This list includes *bathtub doors and enclosures,* a term defined in the Standard to mean “assemblies of panels and/or doors that are installed on the lip of or immediately surrounding a bathtub” (§ 1201.2(a)(2)). The list also includes *shower doors and enclosures,* a term defined to mean “(assemblies) of one or more panels installed to form all or part of the wall and/or door of a shower stall” (§ 1201.2(a)(30)). Since the Standard became effective on July 6, 1977, the question has arisen whether the definitions of these products include glazing materials in a window that is located over a bathtub or within a shower stall and in the exterior wall of a building. The definitions of the terms “bathtub doors and enclosures” and “shower door and enclosure” contain no specific exemption for glazing materials in such windows. If read literally, the Standard could include glazing materials in an exterior wall window located above a bathtub because that window could be interpreted as being “immediately surrounding” the bathtub. Similarly, the Standard, if read literally, could include glazing materials in an exterior wall window because that window could be interpreted as forming “all or part of the wall * * * of a shower stall.”
( b ) *Interpretation.* When the Consumer Product Safety Commission issued the Standard, it did not intend the standard to apply to any item of glazing material in a window that is located over a bathtub or within a shower stall and in the exterior wall of a building. The Commission clarifies that the Standard does not apply to such items of glazing material or such windows. This interpretation applies only to the term “bathtub doors and enclosures” and “shower door and enclosure” and does not affect the applicability of the Standard to any other product.
[46 FR 45751, Sept. 15, 1981]
NRC TO DISCUSS EMERGENCY RESPONSE RULEMAKING

MAY 23 IN ROCKVILLE, MD.

The Nuclear Regulatory Commission will meet with interested groups and members of the 

public on Wednesday, May 23, in Rockville, Md., to discuss how the agency is considering changes 

to NRC rules covering onsite emergency response. 

The meeting will run from 9 a.m. to noon EDT in Room T2B3 of NRC Headquarters, 

11555 Rockville Pike in Rockville. Members of the public can also participate in the meeting via 

teleconference and webinar. For information on pre-registering, calling in or participating in the 

webinar, please contact Robert Beall at 301-415-3874 or Robert.beall@nrc.gov. 

The meeting will discuss the staff’s preliminary thoughts on a recently announced Advanced 

Notice of Proposed Rulemaking (ANPR) to revise onsite emergency response requirements. The 

proposed rulemaking seeks to strengthen and integrate three categories of emergency response: 

Emergency Operating Procedures, Severe Accident Management Guidelines and Extensive Damage 

Mitigation Guidelines. This rulemaking process comes in response to a recommendation for 

enhancing safety at U.S. reactors based on lessons learned from the accident at Japan’s Fukushima 

Daiichi nuclear power plant.

The meeting is meant to inform the public about the staff’s approach to revising the onsite 

response rules, and to allow the public to ask clarifying questions. Comments on the ANPR, 

however, should be provided through the regulations.gov website by searching for files under 

Docket ID NRC-2012-0031. Comments (referencing the Docket ID) can also be e-mailed to 

Rulemaking.Comments@nrc.gov; mailed to Secretary, U.S. Nuclear Regulatory Commission, 

ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555-0001; or faxed to Secretary, 

U.S. Nuclear Regulatory Commission at 301-415-1101.

The comment deadline is June 18; comments received after the deadline will be considered 

if possible, but the NRC is only able to ensure consideration of comments received by the deadline.

###

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should contact 

the Office of Public Affairs beforehand.

News releases are available through a free Listserv subscription or by clicking on the EMAIL UPDATES link 

on the NRC homepage (www.nrc.gov). E-mail notifications are sent to subscribers when news releases are posted to 

NRC's website. For the latest news, follow the NRC on www.twitter.com/NRCgov.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 12-049 May 9, 2012
### SUBCHAPTER II—WILDFIRE SUPPRESSION WITH FOREIGN FIRE ORGANIZATION
No: II-14-011 March 24, 2014

CONTACT: Roger Hannah 404-997-4417 

Joey Ledford 404-997-4416 

NRC Begins Special Inspection at Catawba Nuclear Power Plant 

The Nuclear Regulatory Commission is beginning a special inspection this week at Duke Energy’s 

Catawba nuclear power plant to assess the circumstances surrounding the abnormal rotation of piston 

crankshaft bearings on the Unit 1 emergency diesel generators. 

The plant is located near York, S.C., about 18 miles south of Charlotte, N.C.

During planned maintenance in early March, workers at the Catawba plant found that a connecting rod 

bearing on one of the two Unit 1 diesel generators had rotated from its normal position. A check of the other 

Unit 1 diesel generator led to the discovery of one of its bearings in a rotated position. Both of the bearings 

were replaced, but Duke Energy believes that the original bearings would have performed their function in the 

rotated position. 

“While there was no event where the diesel generators were needed, they are extremely important 

should the plant lose offsite power,” said Victor McCree, NRC Region II Administrator. “Based on the need to 

gather more information and determine if there are generic issues that may apply to other plants, we felt a

special inspection was warranted.” 

The on-site inspectors for the special inspection are the senior resident inspector from the Harris 

nuclear plant and an inspector from the NRC’s Region II office in Atlanta. Another NRC expert from the 

agency’s headquarters in Rockville, Md., will not travel to the site but will assist in reviewing the information. 

The team will review the circumstances surrounding the rotated bearings and the company’s actions after they 

were identified. It will also look at maintenance practices, assess any previous bearings issues at the plant and 

evaluate the company’s conclusions about whether the bearing would have operated in the abnormal position.

The on-site portion of the inspection will take several days. A report documenting the results should be 

issued within 45 days of the completion of the inspection.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

The U.S. Small Business Administration's National Advisory Council will be hosting a public meeting via conference call to discuss such matters that may be presented by members, staff of the U.S. Small Business Administration, or interested others. The conference call will take place on Monday, November 29, 2004, at 11:30 a.m. eastern standard time. The call in number is 1-866-740-1260 with access code 3711001. 

                    Additionally, we will be using                     *http://www.readytalk.com*                     to offer a live display of a PowerPoint Presentation. The access code is the same: 3711001. Please log-in 10 minutes before the conference.                 

                    Anyone wishing to make an oral presentation to the Board must contact Balbina Caldwell, Director, National Advisory Council, no later than Friday, November 19, 2004, 409 3rd Street, SW., Washington, DC 20516, (202) 205-6914 phone, or (202) 481-4678 fax, or e-mail:                     *Balbina.Caldwell@sba.gov.*

Matthew K. Becker, 

Committee Management Officer. 

[FR Doc. 04-25752 Filed 11-19-04; 8:45 am] 

BILLING CODE 8025-01-P
#### The People of the State of New York, Respondent, v. Albert Raymond Hall, Appellant.

Order affirmed. All concur. (Appeal from an order denying defendant’s application in a proceeding in the nature of *coram nobis*to set aside a conviction and for leave to plead not guilty.) Present — MeCurn, P. J., Vaughan, Kimball, Piper and Wheeler, JJ.
### Part A—Grant Program
### SUBCHAPTER II—OFFICE OF INSPECTOR GENERAL
##### 



EXHIBIT 99.2

CERTIFICATE 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 Annual Report on Form 10-K for the year ended
December 31, 2002 of XO Communications, Inc. (the Company), as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Wayne
M. Rehberger, Senior Vice President and Chief Financial Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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 (15 U.S.C. 78m or 78o(d));
and     
| | -- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------
|
| | 2. |  | The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of
the Company.

Date: March 21, 2003

| |                                                                                                                                                         
| | --------------------------------------------------------------------------------------------------------------------------------------------------------
| | /s/ Wayne M. Rehberger
Wayne M. Rehberger
Senior Vice President and Chief Financial Officer(Principal
Financial Officer andPrincipal Accounting Officer)
White Mountain Apache Tribe

Office of Historic Preservation

PO Box 1032

Fort Apache, AZ 85926

Ph: (928) 338-3033 Fax: (928) 338-6055

To: Gerardo C. Rios, Chief, Air Permit Office U.S. Environmental Protection Agency

Date: August 12, 2014

Re: Request to Install SCR Systems on Unit 4 and 5 to Improve Air Quality 

.........................................................................................................................................................

The White Mountain Apache Tribe Historic Preservation Office appreciates receiving 

information on the proposed project, July 23, 2014 . In regards to this, please attend to the 

following checked items below.

► There is no need to send additional information unless project planning or implementation 

results in the discovery of sites and/or items having known or suspected Apache Cultural 

affiliation.

N/A - The proposed project is located within an area of probable cultural or historical 

importance to the White Mountain Apache tribe (WMAT). As part of the effort to identify 

historical properties that maybe affected by the project we recommend an ethno-historic study 

and interviews with Apache Elders. The tribe's Cultural Heritage Resource Director Mr. 

Ramon Riley may be contacted at (928) 338-3033 for further information should this become 

necessary.

► Please refer to the attached additional notes in regards to the proposed project:

We have received and reviewed information regarding NHPA 106 Consultation for the Four 

Corners Power Plant Addition of SCR Project, on the Navajo Nation, west of Farmington, New 

Mexico, and we have determine the proposed project will not have an impact on the White 

Mountain Apache tribe’s (WMAT) historic and/or traditional cultural properties. Regardless, 

any/all ground disturbing activities should be monitored if there are reasons to believe that there 

are human remains and/or funerary objects are present, and if such remains and/or objects are 

encountered they shall be treated with respect and handled accordingly until such remains are 

repatriated to the affiliated tribe.

Thank you. We look forward to continued collaborations in the protection and preservation of 

place of cultural and historical significance.

Sincerely,

Mark T. Altaha

White Mountain Apache Tribe

Historic Preservation Office
Exhibit 32.1

Certification of Chief Executive Officer of Proton Laboratories, Inc. pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 and Section 1350 of 18 U.S.C.
63.

I, Edward Alexander, the Chief Executive Officer of Proton Laboratories, Inc.
hereby certify that Proton Laboratories, Inc.'s periodic report on Form 10-KSB
Amendment Number 2 and the financial statements contained therein fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 (15 U.S.C. 78m or 78o(d) and that information contained in the periodic
report on Form 10-KSB and the financial statements contained therein fairly
represents, in all material respects, the financial condition and results of the
operations of Proton Laboratories, Inc.

Date:  August 15, 2005

/s/ Edward Alexander
Edward Alexander
Chief Executive Officer of
Proton Laboratories, Inc.

A signed original of this written statement has been provided to Proton
Laboratories, Inc. and will be retained by Proton Laboratories, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request.
##### 



EXHIBIT 32.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    the Report fully complies with the requirements of Section
13(a) or 15(d), as applicable, 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 as of the dates and for the periods indicated.
  Dated: February 6, 2007
    
    /s/ Raouf Y. HalimRaouf Y. HalimChief Executive Officer