alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff - Appellee,
v. DARRELL WAYNE DEMPSEY, Defendant - Appellant. No. 10-10282 D.C. No. 2:09-cr-01166-FJM
MEMORANDUM *

Appeal from the United States District Court for the District of Arizona Frederick J. Martone, District Judge, Presiding Submitted April 20, 2011 ** Before: SKOPIL, FARRIS, and LEAVY, Circuit Judges. Darrell Wayne Dempsey appeals his c onviction for illegal transportation of an alien for profit, in violation of 8 U.S .C. § 1324(a)(1)(A)(ii) and (B)(i). We have jurisdiction under 28 U.S.C. § 1291. We review de novo whether reasonable 

# FILED
AUG 25 2011 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS10-10282 2 suspicion exists to justify a stop, and we review for clear error the district court’s underlying factual findings. See United States v. Palos-Marquez , 591 F.3d 1272, 1274 (9th Cir. 2010). We affirm. Dempsey contends the district court erred in denying his motion to suppress evidence because the police l acked reasonable suspicion for the stop of his vehicle. To determine whether a stop was supporte d by reasonable suspicion, “we consider whether, in light of the totality of the circumstances, the officer had a ‘particularized and objective basis for su specting the particular person stopped of criminal activity.’ ” United States v. Berber-Tinoco , 510 F.3d 1083, 1087 (9th Cir. 2007) (quoting United States v. Cortez , 449 U.S. 411, 417-18 (1981)). Here, the totality of the circumstances included Dempsey’s rigid driving posture, his failure to acknowledge the po lice, his proximity to the border, his slowing down below the speed limit at the si ght of police, and, after the police horn sounded, the flight of ten Hispanic men from the vehicle he was driving. These circumstances indicated a particularized and objective basis justifying the officer’s reasonable suspicion of criminal activity. See United States v. Arvizu , 534 U.S. 266, 270-73, 277 (2002) (reasonable suspicion based on use of known smuggling route, the driver’s rigid posture and failu re to acknowledge police, slowed speed in10-10282 3 the presence of police, and inferences ba sed on police experience). Further, the district court did not clearly err in crediting the officer’s testimony. See United States v. Haswood , 350 F.3d 1024, 1028 (9th Cir. 2003) (noting deference to the district court’s credibility determinations). Accordingly, the district court did not err in denying the motion to suppress. AFFIRMED
.
<PAGE>

                                                                    Exhibit 23.2

INFORMATION REGARDING CONSENT OF ARTHUR ANDERSEN LLP

     Section 11(a) of the Securities Act of 1933, as amended (the "Securities
Act"), provides that if part of a registration statement at the time it becomes
effective contains an untrue statement of a material fact, or omits a material
fact required to be stated therein or necessary to make the statements therein
not misleading, any person acquiring a security pursuant to such registration
statement (unless it is proved that at the time of such acquisition such person
knew of such untruth or omission) may assert a claim against, among others, an
accountant who has consented to be named as having certified any part of the
registration statement or as having prepared any report for use in connection
with the registration statement.

     In June of 2002, Arthur Andersen LLP ("Andersen") was convicted of
obstructing justice, which is a felony offense. The SEC prohibits firms
convicted of a felony from auditing public companies. Andersen is thus unable to
consent to the incorporation of Andersen's opinion with respect to Tanox, Inc.'s
consolidated financial statements as of December 31, 2001 and for the two years
in the period then ended.

     Under these circumstances, Rule 437a under the Securities Act permits
Tanox, Inc. to file this Annual Report on Form 10-K without a written consent
from Andersen. As a result, with respect to transactions in Tanox, Inc.
securities pursuant to the Registration Statements that occur subsequent to the
date this Annual Report on Form 10-K is filed with the Securities and Exchange
Commission, Andersen will not have any liability under Section 11(a) of the
Securities Act for any untrue statements of a material fact contained in the
financial statements audited by Andersen or any omissions of a material fact
required to be stated therein. Accordingly, you would be unable to assert a
claim against Andersen under Section 11(a) of the Securities Act.
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.                  

###### Department of Transportation

###### Office of the Secretary

                    The following Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under subpart B (formerly subpart Q) of the Department of Transportation's Procedural Regulations (See 14 CFR 301.201*et. seq.*). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order, or in appropriate cases a final order without further proceedings.                

*Docket Number:*                     DOT-OST-2011-0143.                

*Date Filed:*                     July 29, 2011.                

*Due Date for Answers, Conforming Applications, or Motion to Modify Scope:*                     August 19, 2011.                

*Description:*                     Application of TwinAir Calypso Limited, Inc. requesting authority to conduct scheduled passenger operations as a commuter air carrier.                

Renee V. Wright,

Program Manager, Docket Operations, Federal Register Liaison.

[FR Doc. 2011-21083 Filed 8-17-11; 8:45 am]

BILLING CODE 4910-9X-P
Editorial Note on Part 117
Editorial Note: Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

§ 117.619 Taunton River. ( a ) The Brightman Street (Route-6) Bridge at mile 1.8, between Fall River and Somerset, shall operate as follows:
( b ) The draw shall open on signal between 5 a.m. and 9 p.m., daily. From 9 p.m. through 5 a.m. the draw shall open on signal after at least a one-hour advance notice is given by calling the number posted at the bridge.
( c ) From June 1 through August 31, the draw need not open for the passage of pleasure craft from 7 a.m. to 9:30 a.m. and from 4 p.m. to 6:30 p.m., Monday through Friday, except holidays. The draw shall open for commercial vessels at all times.
( d ) From 6 p.m. on December 24 to midnight on December 25, and from 6 p.m. on December 31 to midnight on January 1, the draw shall open on signal if at least a two-hour advance notice is given by calling the number posted at the bridge.
( e ) The owner of the bridge shall provide and keep in good legible condition clearance gauges located on both upstream and downstream sides of the draw with figures not less than twelve inches in height, designed, installed and maintained according to the provisions of § 118.160 of this chapter.
( f ) The draw of the Veterans Memorial Bridge, mile 2.1, across the Taunton River between Fall River and Somerset, shall operate as follows: ( 1 ) From 7 a.m. through 3 p.m. the draw shall open on signal.
( 2 ) From 3 p.m. through 7 a.m. the draw shall open on signal provided a two hour advance notice is given by calling the number posted at the bridge.
[USCG-2010-0234, 75 FR 51940, Aug. 24, 2010, as amended by USCG-2013-0291, 78 FR 49920, Aug. 16, 2013]
§ 110.56 Noroton Harbor, Darien, Conn. ( a ) Beginning at a point on the southwesterly side of Long Neck Point at latitude 41°02′10′′, longitude 73°28′44′′; thence northwesterly to latitude 41°02′17′′, longitude 73°29′11′′; thence in a north-northwesterly direction to the southeast side of Pratt Island at latitude 41°02′28′′, longitude 73°29′17′′; thence following the shoreline around the easterly and northerly sides of Pratt Island, the westerly and northerly sides of Pratt Cove, and the westerly side of the Darien River to the causeway and dam at Gorham Pond on the north; thence along the downstream side of the causeway and dam to the easterly side of the Darien River, thence along the easterly shoreline to the point of beginning.
[CGFR 68-122, 33 FR 18238, Dec. 7, 1968, as amended by USCG-2019-0952, 88 FR 16188, Mar. 16, 2023]
Chalmers University of Technology 

# Seawater Scrubbing – reduction of SOx emissions from

ship exhausts Ida - Maja Hassellöv 

### Co - author : Prof. David Turner, Marine Chemistry, University of Gothenburg

Sponsor: StenaChalmers University of Technology



# Background

• Present limitations S fuel =1.5% in SECA’s


### • Future limitations: 2010



### – 2010 S fuel =1.0% in SECA’s



### – 2015 S fuel =0.1% in SECA’s



### – 2020 S fuel =0.5% global S cap (?)Chalmers University of Technology



# Aim


# • Chemistry



## – Uptake capacity of SO 2 vs dilution of scrubber water?



## – Influence by different S, AT , T


# • Potential environmental impact ?



## – lowered pH



## – Chemical Oxygen Demand (COD )?


# • Suitability in Swedish waters ?Chalmers University of Technology 

# SO 2 

# chemistry of seawater Governed by three equilibria : SO 2 (g)  SO 2 * K PSO2 = [SO 2 *]/P SO 2 (1) SO 2 * + H 2 O  H + + HSO 3 - K 1SO3 = [H +][HSO 3 -]/[SO 2 *] (2) HSO 3 -  H + + SO 32 - K2SO3 = [H +][SO 32 -]/[HSO 3 -] (3) Where [SO 2 *] = [SO 2 (aq )] + [H 2 SO 3]

acidificationChalmers University of Technology 

# pH and P SO2 

# as function of [SO 2

# ]

(T=25 C)Chalmers University of Technology



# Alkalinity (AT

# )


# • Alkalinity – buffer capacity of a solution


# • AT 

### = [HCO 3 -

### ] + 2[CO 32 -

### ] + [B(OH) 4 -

### ] + [OH -

### ] –



### [H +

### ] – [SO 2 *

### ] – [SO 32 -

### ] + [x ]


# • AT 

### seawater is to 95% CO 2 

### - system:Chalmers University of Technology 

# S and AT 

# of natural waters

S A

T 

### (μmol*kg - sw- 1 

### ) Oceanic seawater 35 2300 Kattegatt 18 1950 Baltic Proper 8 1650 Bothnian Sea 6 1300 Bothnian Bay 4 800 Low alkaline river freshwater <0.1 210Chalmers University of Technology



# Technical Data 

# • Tanker



## – Power 12MW



## – Specific fuel consumption 185g*kWh - 1 

# • Heavy Fuel Oil



## – S fuel =3%



## – Typical exhaust P SO 2 ~660ppm compare atmospheric P SO 2 ~ 1ppb 

# • Prerequisite : Unlimited availability of unaffected seawater !Chalmers University of Technology 

### Required water volumes for SO 2 

### uptake capacity from burning of



### Sfuel 

### = 3%Chalmers University of Technology 

# Total water requirements to 

# achieve pH before discharge Generelly no acute toxic effects due to short term exposure of pH > 6.5 Ocean acidification?Chalmers University of Technology 

### Total water consumption onboard to achieve pH 6.5 (Sfuel 

### =0.5 %)Chalmers University of Technology 

### Dilution to in situ pH ambient-0.2Chalmers University of Technology 

### No further dilution necessary to avoid [O 2

### ] reduction > 1%Chalmers University of Technology 

# Conclusive remarks


# • Down to S fuel 

### =0.5 %, Baltic Proper ~ Ocean


# • Water requirement approximately equal to achieve satisfactory pH and COD


# • Prerequisite : Unlimited availability of unaffected seawater ; potential problems in closed or semi enclosed areas such as harbours , where case studies of hydrography , water chemistry and shipping activity is required .
#### § 776.30 Construction performed on temporarily idle facilities.

The Act applies to work on a covered interstate instrumentality or production facility even though performed during periods of temporary non-use or idleness.[52] The courts have held the Act applicable to performance of construction work upon a covered facility even though the use of the facility was temporarily interrupted or discontinued.[53] It is equally clear that the repair or maintenance of a covered facility (including its machinery, tools, dies, and other equipment) though performed during the inactive or dead season, is subject to the Acts.[54]

###### Footnotes -
  776.30

[52] *Walton* v. *Southern Package Corp.,* 320 U.S. 540; *Slover* v. *Wathen & Co.,* 140 F. (2d) 258 (C.A. 4); *Bodden* v. *McCormick Shipping Corp.,* 188 F. (2d) 733; and *Russell Co.* v. *McComb,* 187 F. (2d) 524 (C.A. 5).

[53] *Pedersen* v. *J. F. Fitzgerald Construction Co.,* ante; *Bennett* v. *V. P. Loftis,* ante; *Walling* v. *McCrady Const. Co.,* ante; and *Bodden* v. *McCormick Shipping Corp.,* 188 F. (2d) 733.

[54] *Maneja* v. *Waialua Agricultural Co.,* 349 U.S. 254; *Bowie* v. *Gonzalez,* 117 F. (2d) 11; *Weaver* v. *Pittsburgh Steamship Co.,* 153 F. (2d) 597, certiorari denied 328 U.S. 858; *Walling* v. *Keensburg Steamship Co.,* 462 F. (2d) 405.
Exhibit 32


                                       24
<PAGE>

                                   Exhibit 32

                         STATEMENT FURNISHED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                             18 U.S.C. SECTION 1350,

      Barry E. Backhaus, Chairman, President and Chief Executive Officer and
Colin D. Anderson, Senior Vice President and Chief Financial Officer of First
Federal Bankshares, Inc. (the "Company") each certify in his capacity as an
officer of the Company that he has reviewed the quarterly report of the Company
on Form 10-Q for the quarter ended September 30, 2004 (the "Report") and that to
the best of his knowledge:

      (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 as of the dates and for the periods covered by the
            Report.

      This statement is authorized to be attached as an exhibit to the Report so
that this statement will accompany the Report at such time as the Report is
filed with the Securities and Exchange Commission pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350. It is not intended that this
statement be deemed to be filed for purposes of the Securities Exchange Act of
1934, as amended.


November 9, 2004               /s/ Barry E. Backhaus
----------------               -------------------------------------------------
Date                           Chairman, President and Chief Executive Officer


November 9, 2004               /s/ Colin D. Anderson
----------------               -------------------------------------------------
Date                           Senior Vice President and Chief Financial Officer


                                       25
Final Listing of Questionnaire Files for Steam Electric Rulemaking Record

Plant ID 08003

Removed 

from Public 

(Non-CBI) 

Docket1

Copyright 

Flag2File Name3

Description

x 08003\08003_Checklist.xls EPA Technical Review Checklist Workbook

08003\08003_Completeness_Checklist.xls EPA Completeness Review Checklist

x 08003\08003_PartA.xls Plant submitted survey file

x 08003\08003_PartE.xls Plant submitted survey file

x 08003\08003_PartH.xls Plant submitted survey file

08003\Certification Statement Plant ID_08003.pdf Plant certification statement

08003\Supporting Documentation\08003_RRGP Aerial View.pdf Plant submitted supplemental files to the survey

x 08003\Supporting Documentation\08003_RRGP Average Water Balance.pdf Plant submitted supplemental files to the survey

x 08003\Supporting Documentation\08003_RRGP Max Water Balance.pdf Plant submitted supplemental files to the survey

1

 Final reviewed survey responses are located in the Steam Electric Technical Questionnaire Database . 

2

 Copyright documents are available from the docket. 

3

 No hardcopy log is included for this plant as no hardcopy materials were received.
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.1021 North Landing River.

The draw of the S165 bridge, mile 20.2 at Chesapeake, shall open on signal; except that, from 6 a.m. to 7 p.m., the draw need be opened only on the hour and half hour for the passage of pleasure craft. Public vessels of the United States, commercial vessels, and vessels in an emergency endangering life or property shall be passed at any time.
§ 110.149 Narragansett Bay, RI. ( a ) *Brenton Point anchorage ground.* An area bounded by the following coordinates: 41°22′37.1′′ N, 71°14′40.3′′ W; thence to 41°20′42.8′′ N, 71°14′40.3′′ W; thence to 41°18′24.1′′ N, 71°20′32.5′′ W; thence to 41°20′22.6′′ N, 71°20′32.5′′ W; thence back to point of origin.
( b ) The following regulations apply in the Brenton Point anchorage ground. ( 1 ) Prior to anchoring within the anchorage area, all vessels shall notify the Coast Guard Captain of the Port via VHF-FM Channel 16.
( 2 ) Except as otherwise provided, no vessel may occupy this anchorage ground for a period of time in excess of 96 hours without prior approval of the Captain of the Port.
( 3 ) If a request is made for the long-term lay up of a vessel, the Captain of the Port may establish special conditions with which the vessel must comply in order for such a request to be approved.
( 4 ) No vessel in such condition that it is likely to sink or otherwise become a menace or obstruction to navigation or anchorage of other vessels shall occupy an anchorage except in cases where unforeseen circumstances create conditions of imminent peril to personnel and then only for such period as may be authorized by the Captain of the Port.
( 5 ) Anchors shall be placed well within the anchorage areas so that no portion of the hull or rigging will at any time extend outside of the anchorage area.
( 6 ) The Coast Guard Captain of the Port may close the anchorage area and direct vessels to depart the anchorage during periods of adverse weather or at other times as deemed necessary in the interest of port safety and security.
( 7 ) Any vessel anchored in these grounds must be capable of getting underway if ordered by the Captain of the Port and must be able to do so within two hours of notification by the Captain of the Port. If a vessel will not be able to get underway within two hours of notification, permission must be requested from the Captain of the Port to remain in the anchorage. No vessel shall anchor in a “dead ship” status (propulsion or control unavailable for normal operations) without prior approval of the Captain of the Port.
( 8 ) Brenton Point anchorage ground is a general anchorage area reserved primarily for commercial vessels waiting to enter Narragansett Bay.
( 9 ) Temporary floats or buoys for marking anchors or moorings in place will be allowed in this area. Fixed mooring piles or stakes will not be allowed.
( 10 ) All coordinates referenced use datum: NAD 83.
[USCG-2009-1131, 77 FR 43517, July 25, 2012]
**Exhibit32.2**

** **

**CERTIFICATIONPURSUANT 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 ofVastera, Inc. (the “Company”) on Form 10-Q for the period ending March 31,2004 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), I, Maria Henry, Chief Financial Officer of the Company, certifypursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that:

 

1.                                       The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

 

2.                                       The informationcontained in the Report fairly presents, in all material respects, thefinancial position and result of operations of the Company.

 
| /s/ Maria Henry         |   |
|-------------------------|--------|
|                    |
| Maria Henry             |
| Chief Financial Officer |
| May 10, 2004            |

 

A signed original of thiswritten statement required by Section 906 has been provided to Vastera,Inc. and will be retained by Vastera, Inc. and furnished to the Securitiesand Exchange Commission or its staff upon request.

 

----
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.841 Smith Creek.

The draw of the S117-S133 Bridge, mile 1.5 at Wilmington, need not open for the passage of vessels.

[USCG-2008-0302, 73 FR 46194, Aug. 8, 2008]
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.499 Tante Phine Pass.

The draw of the Tidewater Associated Oil Company bridge, mile 7.6 near Venice, shall open on signal if at least 24 hours notice is given.
**Exhibit
      32.2**








**Certification
      Pursuant to 18 U.S.C. Section 1350**


**(Adopted
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002)**








In
      connection with the Annual Report on Form 10-K of McMoRan Exploration Co. (the
      “Company”) for the year ending December 31, 2005, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), Nancy D. Parmelee, as
      Senior Vice President, Chief Financial Officer and Secretary of the Company,
      hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
      the Sarbanes-Oxley Act of 2002, that, to the best of 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 operations of the Company.





Dated: March
      15 , 2006











/s/
      Nancy D. Parmelee


Nancy
      D.
      Parmelee


Senior
      Vice President,


Chief
      Financial Officer and Secretary








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      the Company and will be retained by the Company and furnished to the Securities
      and Exchange Commission or its staff upon request.





This
      certification shall not be deemed filed by the Company for purposes of § 18 of
      the Securities Exchange Act of 1934, as amended.