alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Mae Devlin, Respondent, v. 80-34 Avenue Corporation, Appellant.

In a negligence action to recover damages for personal injury, the defendant appeals from so much of an order of the Supreme Court, Queens County, dated March 28, 1963: (1) as denied its motion to dismiss the action for lack of prosecution upon condition that the plaintiff notice the action for trial at the next available term immediately after she has completed the defendant’s pretrial examination; and (2) as directed defendant to appear for such examination by plaintiff on a specified date. Order, insofar as appealed from, reversed without costs; and defendant’s motion to dismiss the action for lack of prosecution granted, and complaint dismissed. In our opinion, plaintiff has failed to offer a reasonable, adequate excuse for her failure to diligently proceed with the prosecution of this action. Issue was joined on October 6, 1960. The defendant’s motion to dismiss the action pursuant to statute and rule (Civ. Prac. Act, § 181; Rules Civ. Prac., rule 156), for failure to diligently prosecute it, was *717made returnable on January 16, 1963. In opposition to such motion, plaintiff submitted an affidavit of merits and an affidavit by an attorney, in which the attorney stated: (a) that he is associated with the plaintiff’s attorneys; (,b) that this matter was assigned to him for all purposes *for the first time*in December, 1962, when the instant motion papers were served; (c) that this matter had previously been in charge of another attorney in the office who is no longer associated with the firm and who, to the best of the deponent’s knowledge, is not presently in this country; and (d) that deponent is unaware of the reason for the delay in placing the matter on the trial calendar and can only sugges. that the delay, at worst, was the result of innocent inadvertence. "What, if any, activities on the part of the defendant or its representatives may have also contributed to this delay is, of course, unknown to such deponent. No other excuse is offered for the delay of 26 months in placing the ease on the calendar. In our opinion, such explanation is insufficient to excuse the unreasonable delay in placing the case on the calendar *(Davis*v. *Canard S. S. Co.,*284 App. Div. 1036; *Topp*v. *Casco Prods. Corp.,*8 A D 2d 727; *Brassner Mfg. Co.*v. *Consolidated Edison Go. of N. Y.,*1 A D 2d 840; *Gray*v. *Yale Transp. Corp.,*.11 A D 2d 1072). Beldoek, P. J„ Ughetta, Brennan, Hill and Hopkins, JJ., concur.
800 Independence Ava., S.W. Washington, D.C. 20591

October 17, 2011

Mr. Richard L. Newman

Post Office Box 23 Lexington Park, MD 20653

Dear Mr. Newman:

We reviewed the July 5, 2010, petition for rule making that you posted to the Department of Transportation’s Federal Docket Management System (Docket No. FAA-2010-0718). Your petition seeks changes to § 25.351(d) Title 14, Code of Federal Regulations (14 CFR).

You suggested redefining the yaw maneuve r condition to include “rudder control is suddenly reversed to full opposite deflection ” instead of “rudder control is suddenly returned

to neutral. ”

You provided rationale based on two events; th e American Airlines flight 587 accident and Air Canada flight 190 incident . You mentioned evidence that indicates that changes to training programs, regarding the use of rudder co ntrol, may not be effective, even though the changes were made after the Ameri can Airlines flight 587 accident.

As a result of the American Airlines f light 587 accident, the FAA promotes improved training. The FAA also required changes to the operational limita tions for in-service airplanes, and Amendment 25-130, Maneuvering speed limitation statement (75 FR 49815), added a new part 25 standard that reads as follows:

Section 25.1583(a)(3)(ii): Rapi d and large alternating cont rol inputs, especially in combination with large changes in pitch, roll, or yaw, and full control inputs in more than one axis at the same time, should be avoided as they may result in struct ural failures at any speed, including below the maneuvering speed.

In addition, the FAA is using the issue pape r process, defined in FAA Order 8110.4C, Type Certification, to request that applicants account for reversed pedal inputs throughout the flight envelope for new type certification progra ms. The FAA now ensures that all new programs are evaluating rudder pedal reve rsal using the issu e paper process.

Although we appreciate your conc ern, your proposal only addre sses a single reversal and may not adequately address the issue. We are considering rulemaking action to address rudder usage and this item will be considered.2

The FAA has determined that the issue identified in your petition is a safety concern. However, we are denying your request for rulemaking because (1) your proposed standard may not be adequate, (2) the FAA is already addressing new type certification programs through the issue paper process, (3) we have proposed improved operating limitation standards to address control reversals, and (4 ) we are considering rulemaking action in the area of design standards to address rudder usage concerns.

Based on the above, we are closing Do cket No. FAA-2010-0718. We will put your comments and arguments for rule change in a database, which we will examine as we consider future rulemaking.

Sincerely,

/s/

Frank P. Paskiewicz Acting Deputy Director

Aircraft Certification Service
I 

109TH CONGRESS 

1ST SESSION H. R. 3452

To amend the Internal Revenue Code of 1986 to treat regional income 

tax collection agencies as States for purposes of confidentiality and 

disclosure requirements relating to tax returns and return information. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 27, 2005

Mr. TURNER (for himself, Mr. OXLEY, Mr. NEY, Mr. HOBSON, Mr. BOEHNER, 

Mrs. JONES of Ohio, Mr. KUCINICH, and Mr. BROWN of Ohio) introduced 

the following bill; which was referred to the Committee on Ways and 

Means 

A BILL

To amend the Internal Revenue Code of 1986 to treat regional income tax collection agencies as States for purposes of confidentiality and disclosure requirements relating to tax returns and return information.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 3452 IH 

1 SECTION 1. REGIONAL INCOME TAX COLLECTION AGEN2 CIES TREATED AS STATES FOR PURPOSES OF 

3 CONFIDENTIALITY AND DISCLOSURE RE4 QUIREMENTS. 

5 (a) IN GENERAL.—Paragraph (5) of section 6103(b) 

6 of the Internal Revenue Code of 1986 (defining State) is 

7 amended by striking ‘‘and’’ at the end of subparagraph 

8 (A), by striking the period at the end of subparagraph 

9 (B) and inserting ‘‘, and’’, and by inserting after subpara10 graph (B) the following new subparagraph: 

11 ‘‘(C) for purposes of subsections (a)(2), 

12 (b)(4), (d)(1), (h)(4), and (p), a public entity—

13 ‘‘(i) which is jointly formed and oper14 ated by 2 or more municipalities—

15 ‘‘(I) each of which imposes a tax 

16 on income or wages, 

17 ‘‘(II) each of which, under the 

18 authority of a State statute, collects 

19 such taxes through such entity, and 

20 ‘‘(III) which collectively have a 

21 population in excess of 250,000 (as 

22 determined under the most recent de23 cennial United States census data 

24 available), and 
3

•HR 3452 IH 

1 ‘‘(ii) with which the Secretary (in his 

2 sole discretion) has entered into an agree3 ment regarding disclosure.’’. 

4 (b) SPECIAL RULES FOR DISCLOSURE.—Subsection 

5 (d) of section 6103 of such Code is amended by adding 

6 at the end the following new paragraph: 

7 ‘‘(6) LIMITATION ON DISCLOSURE TO REGIONAL

8 INCOME TAX COLLECTION AGENCIES TREATED AS

9 STATES.—For purposes of paragraph (1), inspection 

10 by or disclosure to an entity described in subsection 

11 (b)(5)(C) shall be for the purpose of, and only to the 

12 extent necessary in, the administration of laws of 

13 member municipalities in such entity relating to the 

14 imposition of a tax on income or wages.’’. 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to disclosures made after the date 

17 of the enactment of this Act.

Æ
### §7509. Medical certification by trusted agents

(a) In General.—Notwithstanding any other provision of law and pursuant to regulations prescribed by the Secretary, a trusted agent may issue a medical certificate to an individual who—

(1) must hold such certificate to qualify for a license, certificate of registry, or merchant mariner's document, or endorsement thereto under this part; and

(2) is qualified as to sight, hearing, and physical condition to perform the duties of such license, certificate, document, or endorsement, as determined by the trusted agent.

(b) Process for Issuance of Certificates by Secretary.—A final rule implementing this section shall include a process for—

(1) the Secretary of the department in which the Coast Guard is operating to issue medical certificates to mariners who submit applications for such certificates to the Secretary; and

(2) a trusted agent to defer to the Secretary the issuance of a medical certificate.

(c) Trusted Agent Defined.—In this section the term "trusted agent" means a medical practitioner certified by the Secretary to perform physical examinations of an individual for purposes of a license, certificate of registry, or merchant mariner's document under this part.

(Added Pub. L. 114–120, title III, §309(a), Feb. 8, 2016, 130 Stat. 56.)

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

#### Implementation Deadline

Pub. L. 114–120, title III, §309(b), Feb. 8, 2016, 130 Stat. 57, provided that: "Not later than 5 years after the date of the enactment of this Act [Feb. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall issue a final rule implementing section 7509 of title 46, United States Code, as added by this section."
February 19, 2013 

U.S. Department of Transportation 

Docket Operations, M-30 

West Building ground floor, Room W12-140 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

To whom it may concern: ___ _ 

I· sn I' LJ 

I would like to request an extension on Exemption No. , Docket No. 10297 FAA2011-0637. 

Our present exemption terminates on June 30, 2013. Silverhawk Aviation 

Academy employees are subject to the drug and alcohol regulations at all time 

while conducting operations under part 135 or part 91. 

Sincerely, 

Catherine Weber 

Owner ,; " 

·: .. •.: ... t.:!.,l.,•:__:~;~ ~ .... ~. ~- • ~. • ,t ; , 

4505 Aviation Way, Caldwell, ID 83605 

208-453-8577 Fax 208-453-1538 

www .:sil verhawkaviation. net email: fly@sil verhawkaviation.net 

.. ~t,_ . .. . . . . 

i\ 

4.'
### §44106. Conduct of proceedings

Part A of this subtitle applies to proceedings conducted by the Federal Maritime Commission under this chapter.

(Pub. L. 109–304, §7, Oct. 6, 2006, 120 Stat. 1555.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 44106 | 46 App.:817d(d). | Pub. L. 89–777, §§2(d), 3(d), Nov. 6, 1966, 80 Stat. 1357, 1358; Pub. L. 104–324, title VII, §746(c), Oct. 19, 1996, 110 Stat. 3943. |
| | 46 App.:817e(d). | |

Section

The authority to prescribe regulations is omitted as unnecessary because it is already provided by section 305 of the revised title.
320000m.E,

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BATHYMETRIC MAP

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Base map information including bathymetry was compiled by the National Ocean Service
(NOS). Bathymetry was compiled from NOS hydrographic surveys supplemented by hydro-
graphic information from other sources (see index). NOS hydrographic survey data complies
with International Hydrographic Organization (IHO) Publication 44 accuracy standards or
those used at the date of the surveys This is a reproduction of a facsimile .of the bathymetric
manuscript and does not necessarily represent the final publication. This information is not
intended for navigational purposes.

Bathymetric Contour Intervals: 50 meters to maximum depth, supplemented by 10 meter
intervals.

Datum: Mean Lower Low Water (MLLW).

Universol Transverse Mercator Grid. Zone 2; 10,000 meter ticks (---) are shown inside the neat-
line.

Protraction Diagram data shown in a subdued (screened) black was compiled by the Minerals
Management Service (MMS). : :

THIS MAP IS NOT A LEGAL DOCUMENT for Federal leasing purposes; for such purposes use
the MMS Outer Continental Shelf Official Protraction Diagrams.

Heavy line(s) indicate limits of these protraction diagrams.

HYDROGRAPHIC SURVEY INFORMATION

: ] sunveY
suRVEY SURVEY SURVEY LINE SPACING
NUMBER DATE ‘SCALE (NAUT. MILES)
H-7951 1961-52 1:500,000 2.0-10.0
4.7973 1952 1:00,000 20-94
#8103 1983 1:500,000 10100

UNITED STATES DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL OCEAN SERVICE

1989

Produced at Washington, D.C.

for

UNITED STATES DEPARTMENT OF THE INTERIOR
MINERALS MANAGEMENT SERVICE

TRANSVERSE MERCATOR PROJECTION
Scale 1:250,000
10

OUTER CONTINENTAL SHELF RESOURCE MANAGEMENT MAP

20 Statute Miles

° 5 15
— =
5 0 5 10 15 20 25 30 Kilometers
Oo. 5 10 15 Nautical Miles
—— = 1

174°

56°

NATIONAL OCEAN SERVICE

HYDROGRAPHIC SURVEY INDEX

35 /

H-7961,

H-7973

Supplementary Data

550

174°

55°
ine

CANYON

T ago000m£

PRIBILOF CANYON WEST.
NOS NN 2-1 (OCS)

INDEX TO ADJOINING SHEETS

57° i —___—— 57°

GANYON ST, GEORGE
NO 2-7 No-2-8

| . CRE PRIBILOF |
NN 2-2 NN

(CMM

4 vehkuwy PYLE AY

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|
### §55336. Civil penalty

After notice and an opportunity for a hearing, the Secretary of Transportation may impose a civil penalty of not more than $1,000,000 on the owner of an American Great Lakes vessel for any act for which the designation may be revoked under section 55335 of this title.

(Pub. L. 109–304, §8(c), Oct. 6, 2006, 120 Stat. 1650.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 55336 | 46 App.:1241t(b). | Pub. L. 101–624, title XV, §1524(b), Nov. 28, 1990, 104 Stat. 3667. |

Section
### **CHAPTER 143—CONVENTION MEASUREMENT**

Sec.
14301.
Application.
14302.
Measurement.
14303.
Tonnage Certificate.
14304.
Remeasurement.
14305.
Optional regulatory measurement.
14306.
Reciprocity for foreign vessels.
14307.
Inspection of foreign vessels.

#### Historical and Revision Notes

Chapter 143 provides implementing legislation for the International Convention on Tonnage Measurement of Ships (Convention) which came into effect in the United States on February 10, 1983. Chapter 143, therefore, is based primarily on the Convention, not on provisions in existing U.S. law.

#### **Editorial Notes**

#### Amendments

**2010**—Pub. L. 111–281, title III, §303(e)(3), Oct. 15, 2010, 124 Stat. 2925, substituted "Tonnage Certificate" for "International Tonnage Certificate (1969)" in item 14303.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated Statement of Earnings and the Consolidated Balance Sheet of IP
Timberlands, Ltd. and is qualified in its entirety to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           7,843
<SECURITIES>                                         0
<RECEIVABLES>                                  282,650
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               290,493
<PP&E>                                         685,513
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 976,048
<CURRENT-LIABILITIES>                           19,076
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       475,195
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   976,048
<SALES>                                        259,110
<TOTAL-REVENUES>                               277,273
<CGS>                                                0
<TOTAL-COSTS>                                  100,907
<OTHER-EXPENSES>                                 2,033
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (1,933)
<INCOME-PRETAX>                                845,322
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            845,322
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   845,322
<EPS-PRIMARY>                                     8.78
<EPS-DILUTED>                                     8.78


</TABLE>
EXHIBIT 32.1




CERTIFICATION PURSUANT TO




SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)






In connection with the Quarterly Report of NeoMedia Technologies, Inc., a Delaware corporation (the “Company”) on Form 10-Q for the quarter ended June 30, 2011 as filed with the Securities and Exchange Commission (the “Report”), Laura A. Marriott, does hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to her knowledge:




1.           The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and




2.           The information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.




/s/   Laura A. MarriottLaura A. Marriott

Acting Chief Executive Officer,

Principal Executive Officer

August 12, 2011
pcct-ex101_26.htm



Exhibit 10.1

Execution Version

JOINDER AGREEMENT

 

TO

 

LETTER AGREEMENT

 

November 18, 2022

 

The undersigned is executing and delivering this Joinder Agreement pursuant to the Letter Agreement, dated as of October 27, 2021 (as it may be amended and restated, the “Letter Agreement”), by and among Perception Capital Corp. II, a Cayman Islands exempted company (the “Company”), Perception Capital Partners II LLC, a Delaware limited liability company and each of the other persons set forth on the signature pages thereto.  Capitalized terms used but not defined herein have the respective meanings ascribed to them in the Letter Agreement.

By executing this Joinder Agreement and delivering it to the Company, the undersigned hereby agrees to become a party to, to be bound by, and to comply with the provisions of the Letter Agreement applicable to Insiders in the same manner as if the undersigned were an original signatory to the Letter Agreement and in such capacity as an Insider. 

[Signature page follows]

 

 

 



 

 

Accordingly, the undersigned has executed and delivered this Joinder Agreement as of the date first above written.

/s/ Karrie Willis
Karrie Willis

 

 

Acknowledged and Agreed:

PERCEPTION CAPITAL CORP. II

 

By:/s/ Rick Gaenzle

Name:Rick Gaenzle

Title:Chief Executive Officer

 

 

[Signature Page to Letter Agreement Joinder Agreement]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3321 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 3321

 To amend the Wild and Scenic Rivers Act to designate segments of the 
 Taunton River in the Commonwealth of Massachusetts as a component of 
              the National Wild and Scenic Rivers System.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 18, 2005

  Mr. Frank of Massachusetts introduced the following bill; which was 
                 referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Wild and Scenic Rivers Act to designate segments of the 
 Taunton River in the Commonwealth of Massachusetts as a component of 
              the National Wild and Scenic Rivers System.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TAUNTON RIVER, MASSACHUSETTS.

    Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) 
is amended by adding at the end the following new paragraph:
            ``(___). Taunton river, massachusetts.--The segment 
        downstream from the headwaters, from the confluence of the Town 
        River and the Matfield River in Bridgewater to the Mount Hope 
        Bay in the city of Fall River, Massachusetts.''.
                                 <all>
```
| From: O’Hare, Andrew <AOhare@cement.org>                                                   

| To:  Keith Barnett/RTP/USEPA/US@EPA                                                        

||Date:   01/21/2010 09:51 AM                                                               

| Subject: THC Plan Update                                                                   

|

Keith,

Pasted in below please find an update on the status of the THC test plan.  I

expect more kilns to come on line by the end of the month.

Please call with any questions.

Regards,

Andy

THC Test Plan Status as of Jan 1st:

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Status Category                               |   Kiln Number  |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Kiln Operating; Data Gathering Underway; have |         1      |

|   less than 60 days of data                     |                |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Kiln Operating; Data Gathering Underway; have |         1      |

|   less than 30 days of data                     |                |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Kiln Shutdown; Data Gathering Started; have   |         5      |

|   less than 30 days of data                     |                |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Kiln Shutdown; CEMS Installed; Data Gathering |         3      |

|   Not Begun                                     |                |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Kiln Operating, CEMS Installed; Data Gathering|        10      |

|   Not Begun                                     |                |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Kiln Shutdown; CEMS Order Placed              |         8      |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Kiln Operating; CEMS Order Placed             |         5      |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Unit Out of Study – Shutting Down             |         1      |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Unit Out of Study – Not Operating             |         1      |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|   Unit Out of Study – Technical Problems        |         1      |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

|                                                 |     36 total   |

|‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐+‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐|

Andrew T. O'Hare, CAE

Vice President, Regulatory Affairs

Portland Cement Association

500 New Jersey, Avenue, NW

Washington, DC 20001

Phone: (202) 408‐9494

Fax: (202) 408‐0877

Cell: (202) 270‐0094

e‐mail: aohare@cement.org