alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
From: Alan Carpien/DC/USEPA/US 

To: Marc Thomas/DC/USEPA/US@EPA 

Date: 06/21/2012 02:03 PM 

Subject: Late Usolicited Comment on NHSM 

The attachment, below, is an unsolicited comment submitted by a commentor on the NHSM rule. This 

document was submitted subsequent to the April 16, 2012, meeting that I have described in a previous email. 

This document is a draft of preamble language that the commentor would prefer to see based on public 

comments previously submitted or other ideas not presented in the rulemaking record, previously. We 

have considered public comments, as appropriate, for all the topics presented in this document. 

----- Forwarded by Alan Carpien/DC/USEPA/US on 06/20/2012 04:40 PM ----- 

From: John Michaud/DC/USEPA/US 

To: Alan Carpien/DC/USEPA/US@EPA 

Date: 05/08/2012 10:07 AM 

Subject: Fw: NHSM 

Please see below. 

Thanks. 

John R. Michaud 

Deputy Associate General Counsel 

Solid Waste and Emergency Response Law Office 

Office of General Counsel 

U.S. EPA, Washington, D.C. 

Mail Code: 2366A 

tel: 202-564-5518 

fax: 202-564-5531 

email: michaud.john@epa.gov 

----- Forwarded by John Michaud/DC/USEPA/US on 05/08/2012 10:06 AM ----- 

From: Avi Garbow/DC/USEPA/US 

To: John Michaud/DC/USEPA/US@EPA, Lisa Feldt/DC/USEPA/US@EPA 

Date: 05/07/2012 05:45 PM 

Subject: Fw: NHSM 

Lisa and John, 

Susan Bodine emailed me some language she suggests may be appropriate for the preamble discussion 

pertaining to burden of proof. Please review and circulate as appropriate. Thanks, 

Avi 

Avi Garbow 

Deputy General Counsel 

U.S. Environmental Protection Agency 

(202) 564-1917 

----- Forwarded by Avi Garbow/DC/USEPA/US on 05/07/2012 05:43 PM ----- 
From: "Bodine, Susan" <Susan.Bodine@btlaw.com> 

To: Avi Garbow/DC/USEPA/US@EPA 

Date: 05/07/2012 05:41 PM 

Subject: NHSM 

As discussed. 

 

 

Please call if you have any questions. 

 

Susan Bodine 

 

Susan Parker Bodine 

Partner

susan.bodine@BTLaw.com 

Barnes & Thornburg LLP 

1717 Pennsylvania Ave. 

N.W. 

Suite 500 

Washington, DC 20006 

Phone: 202-371-6364 

Fax: 202-289-1330

www.btlaw.com 

 

 

CONFIDENTIALITY NOTICE: This email and any attachments are 

for the exclusive and confidential use of the intended recipient. 

If 

you are not the intended recipient, please do not read, 

distribute 

or take action in reliance upon this message. If you have 

received 

this in error, please notify us immediately by return email and 

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NOTICE: Tax advice, if any, contained in this e-mail does not 

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partner. 

Proposed NHSM Preamble Language.pdf
**EXHIBIT 32.1****CERTIFICATION OF CHIEF EXECUTIVE OFFICER****Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**          I, Richard P. Brown, Chief Executive Officer of American Casino & Entertainment Properties LLC(the Registrant), certify that to the best of my knowledge, based upon a review of the annualreport on Form 10-K for the period ended December 31, 2007 of the Registrant (the Report): (1) The Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and  (2) The information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Registrant.     By: /s/ Richard P. Brown         Richard P. Brown    President and Chief Executive Officer of    American Casino & Entertainment Properties LLC  Date:March 26, 2008
Exhibit 32.1



Certification of the Chief Executive Officer 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 Tumbleweed Communications Corp. (the Company) on Form 10-Q for the quarterly period ended March 31, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), Jeffrey C.
Smith, as Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:



(1) The Report fully complies with the requirements of section 13(a) 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.



Date: May 10, 2004



|                                                    
|----------------------------------------------------
|/s/    JEFFREY C. SMITH                             
|Jeffrey C. SmithChairman and Chief Executive Officer



This certification
accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of
1934, as amended.
PUBLIC LAW 106–304—OCT. 13, 2000 114 STAT. 1071

LEGISLATIVE HISTORY—H.R. 4806:

CONGRESSIONAL RECORD, Vol. 146 (2000):

July 25, considered and passed House.

Oct. 4, considered and passed Senate.

Æ

Public Law 106–304

106th Congress

An Act

To designate the Federal building located at 1710 Alabama Avenue in Jasper,

Alabama, as the ‘‘Carl Elliott Federal Building’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The Federal building located at 1710 Alabama Avenue in

Jasper, Alabama, shall be known and designated as the ‘‘Carl

Elliott Federal Building’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the Federal building referred

to in section 1 shall be deemed to be a reference to the ‘‘Carl

Elliott Federal Building’’.

Approved October 13, 2000.

Oct. 13, 2000

[H.R. 4806]
### SUBCHAPTER IV—ENFORCEMENT AND PENALTIES
### §11507. Surrender of offending officers

When an officer of a vessel of the United States (except the master) has violated section 2191 of title 18, and the master has actual knowledge of the offense or if complaint is made within 3 days after reaching port, the master shall surrender the offending officer to the proper authorities. If the master fails to use diligence to comply with this section and the offender escapes, the owner, the master, and the vessel are liable for damages to the individual unlawfully punished.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 584.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 11507 | 46:712 |

Section 11507 requires a master of a vessel of the United States to surrender to the proper authorities any officer who has violated section 2191 of title 18 (which provides a penalty for cruelty to seamen by officers), and penalizes the master for noncompliance.
FILED 

 U.S. COURT OF APPEALS

 ELEVENTH CIRCUIT 

 May 25, 2005 

 THOMAS K. KAHN 

 CLERK

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

_____________________

No. 02-12829 

_____________________

D. C. Docket No. 01-00054 CV-1-MMP

TRAVELERS INDEMNITY COMPANY,

Plaintiff-CounterDefendant-Appellant,

versus

PCR INCORPORATED,

Defendant-CounterClaimant-Appellee,

DEBRA TURNER, As Personal

Representative of the Estate of 

Thomas Paul Turner III, JAMES

CREIGHTON, et al.

Defendants.

__________________________

Appeal from the United States District Court

for the Northern District of Florida

__________________________

(May 25, 2005)
 Honorable John R. Gibson, United States Circuit Judge for the Eighth Circuit, sitting by *

designation.

2

Before EDMONDSON, Chief Judge, KRAVITCH and GIBSON , Circuit Judges. *

PER CURIAM:

This case arises out of an insurance coverage dispute controlled by Florida

law. It returns to this Court after we certified two questions to the Florida

Supreme Court: (1) “Does Florida insurance law require a reading of specific

intent into an insurance clause excepting from liability coverage ‘[b]odily injury

intentionally caused or aggravated’ by the insured?” and (2) “Is PCR in this case

entitled to liability coverage based on the language of this policy agreement, read

in the light of Florida’s law of interpreting insurance policies?” Travelers Indem.

Co. v. PCR Inc., 326 F.3d 1190, 1194 (11th Cir. 2003). The Florida Supreme

Court answered “yes” to both. Travelers Indem. Co. v. PCR, Inc., 889 So.2d 779

(Fla. 2004). We now affirm the district court.

This matter began as a tort case in the Florida state court system, and the

Florida Supreme Court ultimately concluded that issues of fact precluded summary

judgment. Turner v. PCR, Inc., 754 So.2d 683, 691 (Fla. 2000). The parties here

disputed whether the insurance policy between Travelers and PCR covered the

harm alleged by the Turner plaintiffs. It does. The Florida Supreme Court said
3

that the insurance contract at issue covers against claims “brought under Turner’s

objectively-substantially-certain standard, where the injured employee does not

allege that the employer actually intended to cause injury.” Traveler’s Indem. Co.,

889 So.2d at 785. 

Accordingly, the district court properly -- albeit for different reasons --

denied Traveler’s motion for summary judgment and granted PCR’s motion for

judgment on the pleadings. We affirm.

AFFIRMED.
### §60101. Boarding arriving vessels before inspection

(a) Regulations.—The Secretary of Homeland Security shall prescribe and enforce regulations on the boarding of a vessel arriving at a port of the United States before the vessel has been inspected and secured.

(b) Criminal Penalty.—A person violating a regulation prescribed under this section shall be fined under title 18, imprisoned for not more than 6 months, or both.

(c) Relationship to Other law.—This section shall be construed as supplementary to section 2279 of title 18.

(Pub. L. 109–304, §9(b), Oct. 6, 2006, 120 Stat. 1674.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 60101 | 46 App.:163. | Mar. 31, 1900, ch. 120, §§1–3, 31 Stat. 58. |

Section

In subsection (a), the Secretary of Homeland Security is substituted for the Commissioner of Customs because the functions of the Customs Service and of the Secretary of the Treasury relating thereto were transferred to the Secretary of Homeland Security by section 403(1) of the Homeland Security Act of 2002 (Pub. L. 107–296, 116 Stat. 2178). The functions of the Commissioner of Customs previously were vested in the Secretary of the Treasury under section 321(c) of title 31. For prior related transfers of functions, see the transfer of functions note under 46 App. U.S.C. 163. The word "shall" is substituted for "is authorized and directed to" for consistency in the revised title and to eliminate unnecessary words. The word "port" is substituted for "seaports" for consistency in the revised title. The word "secured" is substituted for "placed in security" to eliminate unnecessary words. The words "from time to time", "properly", and "and for that purpose to employ any of the officers of the United States Customs Service" are omitted as unnecessary.

In subsection (b), the words "fined under title 18, imprisoned for not more than 6 months, or both" are substituted for "subject to a penalty of not more than $100 or imprisonment not to exceed six months, or both" because of chapter 227 of title 18. The words "in the discretion of the court" are omitted as unnecessary.

In subsection (c), the words "section 2279 of title 18" are substituted for "section forty-six hundred and six of the Revised Statutes" in the Act of Mar. 31, 1900, because R.S. §4606 (formerly classified to 46 U.S.C. 708 (1946 ed.)) was replaced by 18 U.S.C. 2279 in the codification of title 18 by the Act of June 25, 1948 (ch. 645, 62 Stat. 683). The words "section 9 of act August 2, 1882 (22 Stat. 189)" are omitted because that law was repealed by section 4(b) of Public Law 98–89 (Aug. 26, 1983, 97 Stat. 600).
### §3307. Frequency of inspection

Each vessel subject to inspection under this part shall undergo an initial inspection for certification before being put into service. After being put into service—

(1) each passenger vessel, nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage shall be inspected at least once a year; and

(2) any other vessel shall be inspected at least once every 5 years.

(Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 514; Pub. L. 104–324, title VI, §605(a), Oct. 19, 1996, 110 Stat. 3931.)

| Revised section | Source section (U.S. Code) |
| --- | --- |
| 3307(1) | 46:391(c)46:1295f(c) |
| 3307(2) | 46:390a(a)46:404–1(6)(i) |
| 3307(3) | 46:391(b)46:392(b)46:404–1(6)(ii) |

46:1295f(c)

46:404–1(6)(i)

46:392(b)

46:404–1(6)(ii)

Section 3307 requires each vessel subject to inspection to undergo an initial inspection prior to being placed in service. This is normally started during the construction or reconstruction phase and is a continuing process until final certification for operation in a particular trade. Subsequent periodic inspections are also required for various types of vessels. It is to be noted that a freight vessel of less than 100 gross tons shall be inspected at 3 year intervals while the larger freight vessel has a 2 year inspection period. This is being done to retain the existing procedure of issuing 3 year certificates of inspection to smaller vessels, however, this does not prevent periodic inspections or examinations at intervening periods.

#### **Editorial Notes**

#### Amendments

1996—Par. (1). Pub. L. 104–324, §605(a)(1), substituted ", nautical school vessel, and small passenger vessel allowed to carry more than 12 passengers on a foreign voyage" for "and nautical school vessel" and inserted "and" at end.

Pars. (2), (3). Pub. L. 104–324, §605(a)(2), (3), redesignated par. (3) as (2), substituted "5 years" for "2 years", and struck out former par. (2) which read as follows: "each small passenger vessel, freight vessel or offshore supply vessel of less than 100 gross tons, and sailing school vessel shall be inspected at least once every 3 years; and".

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

#### Effective Date

Section effective Apr. 15, 1984, see section 2(g)(1) of Pub. L. 98–89, set out as a note under section 3101 of this title.
Docket No: FAA-2015-0075 Dir ID: 2014-NM-202-AD
Exhibit 32.1 18 U.S.C. Section 1350 Certification In connection with the Annual Report of NGP Capital Resources Company (the Company) on Form 10-K for the period ended December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Stephen K. Gardner, President and Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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, as amended; and (2)

          The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. March 9, 2012  /s/ STEPHEN K. GARDNERStephen K. Gardner, President and Chief Executive Officer
 A signed original of this written statement required by Section 906 has been provided to NGP Capital Resources Company and will be retained by NGP Capital Resources Company and furnished to the Securities and Exchange Commission or its staff upon request.
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsInvestigations on the system boron-carbon siliconThe above elements form with each other binary compounds which are very interesting from the point of view of their structure and their chemistry and which are important for technology. The present investigation is concerned with the three-component system and the behavior of the binary compounds occurring in it. Investigations employing various techniques, such as X-ray, chemical analysis, microscopy and fusion experiments showed that no ternary phase exists within the boundary of the ternary system. There is no compound with a higher abrasion capacity than boron carbide. The probable phase field divisions at two isothermic intersections and the fusion isotherms are indicated.Document ID19840010256Acquisition SourceLegacy CDMSDocument TypeReprint (Version printed in journal)AuthorsKieffer, R.*(NASA Headquarters Washington, DC United States)*Gugel, E.*(NASA Headquarters Washington, DC United States)*Leimer, G.*(NASA Headquarters Washington, DC United States)*Ettmayer, P.*(NASA Headquarters Washington, DC United States)*Date AcquiredSeptember 4, 2013Publication DateDecember 1, 1983Subject CategoryComposite MaterialsReport/Patent NumberNASA-TM-77375NAS 1.15:77375Accession Number84N18324Funding Number(s)CONTRACT_GRANT: NASW-3541Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19840010256.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
**EXHIBIT 31.1**

 

**Certification ofChief Executive OfficerPursuant to Section 302 of the Sarbanes-Oxley Act of 2002**

 

I, Bruce J. Wood, certify that:

 

1.         Ihave reviewed this quarterly report on Form 10-Q of Weider NutritionInternational, Inc.;

 

2.         Basedon my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.         Basedon my 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 periods presented in this report;

 

4.         Theregistrant’s other certifying officer and I are responsible for establishingand maintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

(a)   Designed such disclosurecontrols and procedures, or caused such disclosure controls and procedures tobe designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which thisreport is being prepared;

 

(b)   Evaluated the effectivenessof the registrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on suchevaluation; and

 

(c)   Disclosed in this report anychange in the registrant’s internal control over financial reporting thatoccurred during the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and

 

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

 

(a)   All significant deficienciesand material weaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information;and

 

(b)   Any fraud, whether or notmaterial, that involves management or other employees who have a significantrole in the registrant’s internal control over financial reporting. 

 
| Date:  January 14, 2004 | /s/  BRUCE J. WOOD  |   |
|-------------------------|--------------------------|--------|
|                    | Bruce J. Wood            |   |
|                    | Chief  Executive Officer |   |

 

----
### SUBCHAPTER VI—AGRICULTURAL PROGRAM
#### § 203.443 Insurance premium.

All of the provisions of §§ 203.260 through 203.269[1] concerning mortgage insurance premiums, apply to loans insured under § 203.50.

[47 FR 30753, July 15, 1982]

###### Footnotes -
  203.443

[1] Section 203.269 was removed at 48 FR 35089, Aug. 3, 1983.
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _
Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A2 2 E0 05 1 . ALLEN v . THE STATE.

Up o n co n s i d erat i on of A p p el l an t ’ s Em erg en cy Mo ti o n , t he s am e i s h ereb y DENIED.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m
t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 

## May 18, 2022

05/18/2022
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.205 Are there special requirements if my well affects an adjacent property?

For wells that could intersect or drain an adjacent property, the Regional Supervisor may require special measures to protect the rights of the Federal government and objecting lessees or operators of adjacent leases or units.
#### GADSKI-TAUSCHER v. GRAFF (two cases).

(Supreme Court, Appellate Division, First Department.

March 17, 1905.)

Action by Johannah Gadski-Tauscher against Clarence L. Graff. No opinion. Motion granted, so far as to dismiss appeals, with $10 costs.
#### Bi-Economy Market, Inc., Appellant, v Harleysville Insurance Company of New York et al., Respondents.

[833 NYS2d 422]

Motion for leave to appeal to the Court of Appeals granted. Present—Gorski, J.P., Martoche, Smith, Green and Pine, JJ.