alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 702.5 Definitions. As used in this part, the following terms have the meaning specified, except where otherwise indicated: ( a ) *Cumulative measurement period* means the period of time over which both cumulative production and cumulative revenue are measured. ( 1 ) For purposes of determining the beginning of the cumulative measurement period, subject to regulatory authority approval, the operator must select and consistently use one of the following: ( i ) For mining areas where coal or other minerals were extracted prior to August 3, 1977, the date extraction of coal or other minerals commenced at that mining area or August 3, 1977, or
( ii ) For mining areas where extraction of coal or other minerals commenced on or after August 3, 1977, the date extraction of coal or other minerals commenced at that mining area, whichever is earlier.
( 2 ) For annual reporting purposes pursuant to § 702.18 of this part, the end of the period for which cumulative production and revenue is calculated is either ( i ) For mining areas where coal or other minerals were extracted prior to April 1, 1990, March 31, 1990, and every March 31 thereafter; or
( ii ) For mining areas where extraction of coal or other minerals commenced on or after April 1, 1990, the last day of the calendar quarter during which coal extraction commenced, and each anniversary of that day thereafter.
( b ) *Cumulative production* means the total tonnage of coal or other minerals extracted from a mining area during the cumulative measurement period. The inclusion of stockpiled coal and other mineral tonnages in this total is governed by § 702.16.
( c ) *Cumulative revenue* means the total revenue derived from the sale of coal or other minerals and the fair market value of coal or other minerals transferred or used, but not sold, during the cumulative measurement period.
( d ) *Mining area* means an individual excavation site or pit from which coal, other minerals and overburden are removed.
( e ) *Other minerals* means any commercially valuable substance mined for its mineral value, excluding coal, topsoil, waste and fill material.
#### § 900.13 Federal programs and Federal coal exploration programs.

The rules for each Federal program and Federal coal exploration program are codified below under the assigned part for the particular State. Rules governing the training, examination and certification of blasters for surface coal mining operations in States with Federal programs are codified in part 955, and referenced by each Federal program.

[51 FR 19461, May 29, 1986]
#### § 910.846 Individual civil penalties.

Part 846 of this chapter, *Individual Civil Penalties,* shall apply to the assessment of individual civil penalties under section 518(f) of the Act.

[53 FR 3676, Feb. 8, 1988]
EXHIBIT 32.1

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 The Dewey Electronics
Corporation (the "Corporation") on Form 10-QSB for the period ended
September 30, 2007 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, John H. D. Dewey, Chief Executive
Officer of the Corporation, certify, pursuant to 18 U.S.C. SS 1350, as
adopted pursuant to SS 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; and

(2) The information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Corporation.

/s/ John H.D. Dewey
John H. D. Dewey, Chief Executive Officer
Date:  November 12, 2007

A signed original of this written statement required by Section 906 has
been provided to The Dewey Electronics Corporation and will be retained
by The Dewey Electronics Corporation and furnished to the Securities
and exchange commission or its staff upon request.





EXHIBIT 32.2

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 The Dewey Electronics
Corporation (the "Corporation") on Form 10-QSB for the period ended
September 30, 2007 as filed with the Securities and Exchange Commission
on the date hereof (the "Report"), I, Stephen P. Krill, Treasurer of the
Corporation, certify, pursuant to 18 U.S.C. SS 1350, as adopted pursuant
to SS 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; and

(2) The information contained in the Report fairly presents, in
all material respects, the financial condition and results of
operations of the Corporation.

/s/ Stephen P. Krill
Stephen P. Krill, Treasurer
Date:  November 12, 2007

A signed original of this written statement required by Section 906 has
been provided to The Dewey Electronics Corporation and will be retained
by The Dewey Electronics Corporation and furnished to the Securities
and exchange commission or its staff upon request.
#### § 941.819 Special performance standards—auger mining.

Part 819 of this chapter, *Special Permanent Program Performance Standards—Auger Mining,* shall apply to any person who conducts surface coal mining operations which include auger mining.
#### § 922.817 Performance standards—underground mining activities.

Part 817 of this chapter, *Permanent Program Performance Standards—Underground Mining Activities,* shall apply to any person who conducts underground mining operations.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
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<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1997
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<SECURITIES>                                         0
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<ALLOWANCES>                                    18,895
<INVENTORY>                                    399,901
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<TOTAL-LIABILITY-AND-EQUITY>                 3,090,663
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<INTEREST-EXPENSE>                             118,103
<INCOME-PRETAX>                              1,228,195
<INCOME-TAX>                                   542,963
<INCOME-CONTINUING>                                  0
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<CHANGES>                                            0
<NET-INCOME>                                   685,232
<EPS-PRIMARY>                                     0.17
<EPS-DILUTED>                                     0.17
        

</TABLE>
Order filed March 12, 2015

In The

Eleventh Court of Appeals ________________

Nos. 11-14-00177-CR, 11-14-00178-CR,

11-14-00179-CR, & 11-14-00180-CR

________________

JOHNNY LEE DAVIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 90th District Court

Stephens County, Texas

Trial Court Cause Nos. F33385, F34015, F34016, & F34017

O R D E R

These appeals have become unduly stalled due to the failure of Appellant’s 

appointed counsel, J. Bruce Harris, to file an appellate brief. The brief in each 

appeal was originally due on September 29, 2014. This court has granted three

motions for extension in each appeal, extending the briefing deadline to 

October 29, 2014; December 29, 2014; and March 2, 2015, respectively. On 
2

January 15, 2015, the clerk of this court notified Appellant’s counsel that this court

deemed the inordinate delay in filing Appellant’s briefs to be a serious matter and 

informed counsel that the court expected Appellant’s briefs to be filed by March 2, 

2015, with no further extensions. As of this date, we still have not received 

Appellant’s brief in any of these appeals.

In each appeal, J. Bruce Harris is ORDERED to file in this court a brief on 

behalf of Appellant on or before 3:00 p.m. on Thursday, March 26, 2015. At 

that time, Appellant’s briefs shall have already been e-filed or be present in the 

portal for the Eleventh Court of Appeals through eFileTexas.gov.

PER CURIAM

March 12, 2015

Do not publish. See TEX. R. APP. P. 47.2(b). 

Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J.
§ 955.15 Certification. ( a ) *Processing of application.* ( 1 ) Upon receiving an application for an OSM blaster certificate OSM shall: ( i ) Notify the applicant of the receipt of, and of any deficiency in, the application.
( ii ) Where applicable, notify the applicant that his or her request for admission to a scheduled examination either is granted or denied.
( 2 ) When OSM determines that an applicant has failed to qualify for an OSM blaster certificate, OSM shall reject his or her application and notify him or her accordingly.
( b ) *Grant of certificate.* OSM shall: ( 1 ) Issue or reissue an OSM blaster certificate to any qualified applicant who completes the applicable training, passes the examination, and is found by OSM to be competent and to have the necessary knowledge and experience to accept responsibility for blasting operations;
( 2 ) Renew one time the issued or reissued OSM blaster certificate of any qualified applicant;
( 3 ) Replace the OSM blaster certificate of any qualified applicant who presents satisfactory evidence that his or her certificate was lost or destroyed;
( 4 ) Grant an OSM blaster certificate through reciprocity as provided in § 955.16; or
( 5 ) Reinstate a suspended, or reissue a revoked OSM blaster certificate as provided in § 955.17(e).
( c ) *Term of certificate.* OSM shall grant an OSM blaster certificate for a term to expire as follows: ( 1 ) Issuance—3 years after issue date;
( 2 ) Renewal—3 years after expiration date of applicant's current or expired certificate;
( 3 ) Reissuance—3 years after expiration date of applicant's current or expired certificate;
( 4 ) Replacement—same expiration date as replaced certificate; or
( 5 ) Reciprocity—60 days after expiration date of corresponding State certificate.
( d ) *Limits on renewal.* ( 1 ) OSM shall not renew an OSM blaster certificate more than 1 time. A blaster who seeks to extend a renewed certificate may apply to OSM for certificate reissuance.
( 2 ) OSM shall not renew an OSM blaster certificate that expired more than 1 year prior to the date of an application for renewal. An applicant who desires to extend a certificate that expired more than 1 year prior to the date of his or her application may apply to OSM for certificate reissuance.
( e ) *Temporary certificate.* Upon request of an applicant who demonstrates that his or her current OSM blaster certificate is about to expire, or expired within 30 days prior to the date of his or her application, for reasons beyond his or her control, OSM may issue a non-renewable temporary OSM blaster certificate for a maximum term of 90 days.
( f ) *Conditions of certification.* Any person who holds an OSM blaster certificate shall comply with the conditions specified in §§ 850.15 (d) and (e) of this chapter.
( g ) *Change of address.* Any person who holds an OSM blaster certificate shall notify OSM in writing within 30 days of any change in his or her address.
§ 850.15 Certification. ( a ) *Issuance of certification.* The regulatory authority shall certify for a fixed period those candidates examined and found to be competent and to have the necessary experience to accept responsibility for blasting operations in surface coal mining operations.
( b ) *Suspension and revocation.* ( 1 ) The regulatory authority, when practicable, following written notice and opportunity for a hearing, may, and upon a finding of willful conduct, shall suspend or revoke the certification of a blaster during the term of the certification or take other necessary action for any of the following reasons: ( i ) Noncompliance with any order of the regulatory authority.
( ii ) Unlawful use in the work place of, or current addiction to, alcohol, narcotics, or other dangerous drugs.
( iii ) Violation of any provision of the State or Federal explosives laws or regulations.
( iv ) Providing false information or a misrepresentation to obtain certification.
( 2 ) If advance notice and opportunity for hearing cannot be provided, an opportunity for a hearing shall be provided as soon as practical following the suspension, revocation, or other adverse action.
( 3 ) Upon notice of a revocation, the blaster shall immediately surrender to the regulatory authority the revoked certificate.
( c ) *Recertification.* The regulatory authority may require the periodic reexamination, training, or other demonstration of continued blaster competency.
( d ) *Protection of certification.* Certified blasters shall take every reasonable precaution to protect their certificates from loss, theft, or unauthorized duplication. Any such occurrence shall be reported immediately to the certifying authority.
( e ) *Conditions.* The regulatory authority shall specify conditions for maintaining certification which shall include the following: ( 1 ) A blaster shall immediately exhibit his or her certificate to any authorized representative of the regulatory authority or the Office upon request.
( 2 ) Blasters' certifications shall not be assigned or transferred.
( 3 ) Blasters shall not delegate their responsibility to any individual who is not a certified blaster.
#### § 931.1 Scope.

This part contains all rules applicable only within New Mexico that have been adopted under the Surface Mining Control and Reclamation Act of 1977.
### §30704. Offshore performance of contracts for the procurement of goods and services

The Administrator shall submit to Congress, not later than 120 days after the end of each fiscal year, a report on the contracts and subcontracts performed overseas and the amount of purchases directly or indirectly by the Administration from foreign entities in that fiscal year. The report shall separately indicate—

(1) the contracts and subcontracts and their dollar values for which the Administrator determines that essential goods or services under the contract are available only from a source outside the United States; and

(2) the items and their dollar values for which the Buy American Act (41 U.S.C. 10a et seq.) 1 was waived pursuant to obligations of the United States under international agreements.

(Pub. L. 111–314, §3, Dec. 18, 2010, 124 Stat. 3371.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 30704 | 42 U.S.C. 16823. | Pub. L. 109–155, title VII, §709, Dec. 30, 2005, 119 Stat. 2938. |

Section

In the matter before paragraph (1), the words "beginning with the first fiscal year after the date of enactment of this Act [December 30, 2005]" are omitted as obsolete.

#### **Editorial Notes**

#### References in Text

The Buy American Act, referred to in par. (2), is title III of act Mar. 3, 1933, ch. 212, 47 Stat. 1520, which was classified generally to sections 10a, 10b, and 10c of former Title 41, Public Contracts, and was substantially repealed and restated in chapter 83 (§8301 et seq.) of Title 41, Public Contracts, by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1933 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

1 See References in Text note below.
<PAGE>
 
                                                                    Exhibit 23.1

                        Consent of Independent Auditors


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 33-45036) pertaining to the 1982 Incentive Stock Option Plan, the
Registration Statement (Form S-8 No. 333-18941) pertaining to the 1992 Director
Incentive Stock Option Plan and the Registration Statement (Form S-8 No.
333-18939) pertaining to the 1992 Key Employee Stock Option Plan of Industrial
Training Corporation of our report dated February 18, 1997, with respect to the
consolidated financial statements of Industrial Training Corporation included in
the Annual Report (Form 10-KSB) for the year ended December 31, 1996.

                                              Ernst & Young LLP

Washington, D.C.
March 13, 1997
### §3302. Identification of constituent components of base intelligence budget

The Director of Central Intelligence shall include the same level of budgetary detail for the Base Budget that is provided for Ongoing Initiatives and New Initiatives to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate in the congressional justification materials for the annual submission of the National Foreign Intelligence Program of each fiscal year.

(Pub. L. 103–359, title VI, §603, Oct. 14, 1994, 108 Stat. 3433.)

#### **Editorial Notes**

#### Codification

Section was formerly classified as a note under section 403–1 of this title prior to editorial reclassification as this section.

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

#### Transfer of Functions

Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of this title.
#### § 57.7002 Equipment defects.

Equipment defects affecting safety shall be corrected before the equipment is used.
§ 925.10 State regulatory program approval. The Secretary approved the Missouri regulatory program, as submitted on February 1, 1980, and amended and clarified on May 14, 1980, effective November 21, 1980. He fully approved the Missouri program, as amended on September 7, 1982, and October 13, 1982, effective January 17, 1983. Copies of the approved program are available at: ( a ) Missouri Department of Natural Resources, Land Reclamation Program, 205 Jefferson Street, P.O. Box 176, Jefferson City, MO 65102.
( b ) Office of Surface Mining Reclamation and Enforcement, Mid-Continent Regional Coordinating Center, Alton Federal Building, 501 Belle Street, Alton, IL 62002.
[64 FR 20167, Apr. 26, 1999]
* Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 96-60300 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CLAUDE H. ANDREWS, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Mississippi

USDC No. 1:95-CV-164-GR

- - - - - - - - - - February 6, 1997 Before SMITH, DUHÉ, and BARKSDALE, Circuit Judges.
PER CURIAM: * Claude H. Andrews (#02767-043) appeals the denial of his motion under 28 U.S.C. § 2255. Andrews contends that his attorney rendered ineffective assistance in failing to conduct an adequate investigation and in failing to call certain witnesses in his case in chief and on rebuttal. We have carefully reviewed the record and the arguments of the parties and hold that Andrews has failed to show that his attorney’s representation wasNo. 96-60300 - 2 - professionally unreasonable and that he was prejudiced. See Alexander v. McCotter , 775 F.2d 595, 602 (5th Cir. 1985). Andrews contended in the district court that his attorney rendered ineffective assistance in failing to object to prejudicial comments by the prosecutor. Andrews has waived this issue by failing to brief it on appeal. See Brinkmann v. Dallas County Deputy Sheriff Abner , 813 F.2d 744, 748 (5th Cir. 1987). Andrews argues in his reply brief that the district court erred in failing to hold an evidentiary hearing. This court does not consider issues raised for the first time in a reply brief.
See United States v. Prince , 868 F.2d 1379, 1386 (5th Cir.), cert. denied , 493 U.S. 932 (1989). The district court’s judgment is AFFIRMED.
§ 921.700 Massachusetts Federal program. ( a ) This part contains all rules that are applicable to surface coal mining operations in Massachusetts which have been adopted under the Surface Mining Control and Reclamation Act of 1977.
( b ) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Massachusetts Federal program.
( c ) The rules in this part apply to all surface coal mining operations in Massachusetts conducted on non-Federal and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in Massachusetts.
( d ) The recordkeeping and reporting requirements of this part are the same as those of the permanent program regulations which have been approved by the Office of Management and Budget under 44 U.S.C. 3507.
( e ) There are no Massachusetts laws which provide more stringent environmental control and regulation of surface coal mining operations than do the provisions of the Surface Mining and Reclamation Act and the regulations in 30 CFR chapter VII.
( f ) The following are Massachusetts laws that interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and superseded insofar as they apply to surface coal mining operations regulated under the Act: ( 1 ) The Coal Mining Regulatory and Reclamation Act of 1977, as amended, Mass. Ann. Laws. Ch. 21B, Sections 1-15.
( 2 ) Statutes governing licenses for minerals exploration, Mass. Ann. Laws Ch. 21, section 54-56.
( g ) The Secretary may grant a limited variance from the performance standards of §§ 921.815 through 921.828 of this part if the applicant for coal exploration approval or a surface mining permit submitted pursuant to §§ 921.772 through 921.785 demonstrates in the application that: ( 1 ) Such a variance is necessary because of the nature of Massachusetts' terrain, climate, biological, chemical or other relevant physical conditions; and
( 2 ) The proposed variance is not less effective than the environmental protection requirements of the regulations in this program and is consistent with the Act.
[48 FR 41004, Sept. 12, 1983, as amended at 52 FR 13808, Apr. 24, 1987]