alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Exhibit 31.2

CERTIFICATIONS

I, Peh Chung Lim, certify that:

1. I have reviewed this Amendment No. 2 to the quarterly report on Form 10-QSB of China Evergreen Environmental Corporation (registrant):

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

3.
Based on my knowledge, the financial statements, and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and
for, the periods presented in this quarterly report;

4. The registrants other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for the registrant and have:

a)
designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is
made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b)
evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures as of the end of the period covered by this report
based on such evaluation; and

c) disclosed in this report any change in the registrants internal control over financial reporting
that occurred during the registrants most recent fiscal quarter (the registrants fourth quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal
control over financial reporting; and

5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to the registrants auditors and the audit committee of registrants board of directors (or persons performing the equivalent functions):

a) all significant deficiencies and material weaknesses in the design or operation of internal controls over financial reporting which are reasonably
likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b) any fraud,
whether or not material, that involves management or other employees who have a significant role in the registrants internal controls over financial reporting.



|                        
|------------------------
|Date: September 25, 2006
|                        
|/s/ Peh Chung Lim       
|Peh Chung Lim           
|Chief Financial Officer
#### § 1206.52 Does the Commission ever place conditions on its grants?

Yes, the Commission may place certain conditions on its grants. The Commission describes applicable conditions in each grant opportunity announcement.

[71 FR 27624, May 12, 2006, as amended at 75 FR 66318, Oct. 28, 2010]
§ 560.6 Procedures for closing meetings. ( a ) A meeting or portions thereof may be closed and information pertaining to such meeting or portions thereof may be withheld under § 560.5 of this part only when a majority of the members of the Commission vote to take such action.
( b ) A separate vote of the members of the Commission shall be taken with respect to each meeting or portion thereof proposed to be closed and with respect to information which is proposed to be withheld. A single vote may be taken with respect to a series of meetings or portions thereof which are proposed to be closed, so long as each meeting or portion thereof in such series involves the same particular matter and is scheduled to be held no more than thirty days after the initial meeting in such series. The vote of each participating Commission member shall be recorded, and no proxies shall be allowed.
( c ) A person whose interests may be directly affected by a portion of a meeting may request in writing that the Commission close that portion of the meeting for any of the reasons referred to in § 560.5(a) (5), (6) or (7) of this part. Upon the request of a Commissioner, a recorded vote shall be taken whether to close such meeting or a portion thereof.
( d ) Before the Commission may hold a meeting that is closed, in whole or part, a certification shall be obtained from the General Counsel that, in his or her opinion, the meeting may properly be closed. The certification shall be in writing and shall state each applicable exemptive provision from § 560.5(a) of this part.
( e ) Within one day of a vote taken pursuant to this section, the Commission shall make publicly available a written copy of such vote reflecting the vote of each Commissioner.
( f ) In the case of the closure of a meeting or portions thereof, the Commission shall make publicly available within one day of the vote on such action a full written explanation of the reasons for the closing together with a list of all persons expected to attend the meeting and their affiliation.
§ 665.245 Gear restrictions. ( a ) *Permit Area 1.* ( 1 ) Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemicals, spears, nets, hook, or explosives.
( 2 ) The smallest opening of an entry way of any lobster trap may not allow any sphere or cylinder greater than 6.5 inches (16.5 cm) in diameter to pass from outside the trap to inside the trap.
( 3 ) Each lobster trap must have a minimum of two escape vent panels that meet the following requirements: ( i ) Panels must have at least four unobstructed circular holes no smaller than 67 mm in diameter, with centers at least 82 mm apart.
( ii ) The lowest part of any opening in an escape vent panel must not be more than 85 mm above the floor of the trap.
( iii ) Panels must be placed opposite one another in each trap.
( 4 ) A vessel fishing for or in possession of lobster in any permit area may not have on board the vessel any trap that does not meet the requirements of paragraphs (a)(1), (2), and (3) of this section.
( 5 ) A maximum of 1,200 traps per vessel may be maintained on board or in the water, provided that no more than 1,100 assembled traps are maintained on board or in the water. If more than 1,100 traps are maintained, the unassembled traps may be carried as spares only, in order to replace assembled traps that may be lost or become unusable.
( 6 ) Traps shall not be left unattended in any permit area, except in the event of an emergency, in which case the vessel operator must notify the SAC of the emergency that necessitated leaving the traps on the grounds, and the location and number of the traps, within 24 hours after the vessel reaches port.
( 7 ) A vessel whose owner has a limited access permit issued under this subpart and has an operating VMS unit certified by NMFS may enter Crustacean Permit Area 1 with lobster traps on board on or after June 25, but must remain outside the Crustacean Permit Area 1 VMS Subarea until the NWHI lobster season opens on July 1.
( 8 ) A vessel whose owner has a limited access permit issued under this subpart and has on board an operational VMS unit certified by NMFS may transit Crustacean Permit Area 1, including Crustacean Permit Area 1 VMS Subarea, with lobster traps on board for the purpose of moving to another lobster grounds or returning to port following the closure date, as specified in § 665.252, providing the vessel does not stop or fish and is making steady progress to another lobster grounds or back to port as determined by NMFS.
( 9 ) The operator of a permitted vessel must notify the Regional Administrator or an authorized officer no later than June 15 of each year if the vessel will use a VMS unit in the fishery and allow for inspection and certification of the unit.
( b ) Permit Area 2. Lobsters may be taken only with lobster traps or by hand. Lobsters may not be taken by means of poisons, drugs, other chemicals, spears, nets, hooks, or explosives.
<PAGE>




EXHIBIT 31.2

                            CERTIFICATION PURSUANT TO
                                 RULE 13A-14(A)

I, Robert J. Wood, Chief Financial Officer of Biophan Technologies, Inc. (the
"registrant"), certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Biophan Technologies,
Inc.;

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

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and
have:

a. designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;

b. evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and

c. disclosed in this report any change in the registrant's internal control over
financial reporting that occurred during the registrant's most recent fiscal
quarter (the registrant's fourth fiscal quarter in the case of an annual report)
that has materially affected, or is reasonably likely to materially affect, the
registrant's internal control over financial reporting; and

5. The registrant's other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

a. all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

b. any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.

Date: October 6, 2004

/s/Robert J. Wood
--------------------
Robert J. Wood
Chief Financial Officer
§ 1211.520 Job classification and structure. A recipient shall not: ( a ) Classify a job as being for males or for females;
( b ) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or
( c ) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements that classify persons on the basis of sex, unless sex is a bona fide occupational qualification for the positions in question as set forth in § 1211.550.
# EUR-Lex - 11997E088 - EN

Avis juridique important

*|*

# 11997E088

**Treaty establishing the European Community (Amsterdam consolidated version) - Part Three: Community policies - Title VI: Common rules on competition, taxation and approximation of laws - Chapter 1: Rules on competition - Section 2: Aids granted by States - Article 88 - Article 93 - EC Treaty (Maastricht consolidated version) - Article 93 - EEC Treaty **

*
Official Journal C 340 , 10/11/1997 P. 0211 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0030 - Consolidated version (EEC Treaty - no official publication available) *

Treaty establishing the European Community (Amsterdam consolidated version)

Article 88

1. The Commission shall, in cooperation with Member States, keep under constant review all systems of aid existing in those States. It shall propose to the latter any appropriate measures required by the progressive development or by the functioning of the common market.

2. If, after giving notice to the parties concerned to submit their comments, the Commission finds that aid granted by a State or through State resources is not compatible with the common market having regard to Article 87, or that such aid is being misused, it shall decide that the State concerned shall abolish or alter such aid within a period of time to be determined by the Commission.

If the State concerned does not comply with this decision within the prescribed time, the Commission or any other interested State may, in derogation from the provisions of Articles 226 and 227, refer the matter to the Court of Justice direct.

On application by a Member State, the Council may, acting unanimously, decide that aid which that State is granting or intends to grant shall be considered to be compatible with the common market, in derogation from the provisions of Article 87 or from the regulations provided for in Article 89, if such a decision is justified by exceptional circumstances. If, as regards the aid in question, the Commission has already initiated the procedure provided for in the first subparagraph of this paragraph, the fact that the State concerned has made its application to the Council shall have the effect of suspending that procedure until the Council has made its attitude known.

If, however, the Council has not made its attitude known within three months of the said application being made, the Commission shall give its decision on the case.

3. The Commission shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. If it considers that any such plan is not compatible with the common market having regard to Article 87, it shall without delay initiate the procedure provided for in paragraph 2. The Member State concerned shall not put its proposed measures into effect until this procedure has resulted in a final decision.
§ 697.8 Vessel identification. ( a ) *Vessel name and official number.* Each fishing vessel issued a limited access American lobster permit and over 25 ft (7.6 m) in registered length must: ( 1 ) Have affixed permanently its name on the port and starboard sides of the bow and, if possible, on its stern.
( 2 ) Have its official number displayed on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck so as to be clearly visible from enforcement vessels and aircraft. The official number is the USCG documentation number or the vessel's state registration number for vessels not required to be documented under title 46 U.S.C.
( b ) *Numerals.* Except as provided in paragraph (d) of this section, each fishing vessel issued a limited access American lobster permit must display its official number in block arabic numerals in contrasting color at least 18 inches (45.7 cm) in height for fishing vessels over 65 ft (19.8 m) in registered length, and at least 10 inches (25.4 cm) in height for all other vessels over 25 ft (7.6 m) in registered length. The registered length of a vessel, for purposes of this section, is that registered length set forth in USCG or state records.
( c ) *Duties of owner.* The owner of each vessel issued a limited access American lobster permit shall ensure that— ( 1 ) The vessel's name and official number are kept clearly legible and in good repair.
( 2 ) No part of the vessel, its rigging, its fishing gear, or any other object obstructs the view of the official number from any enforcement vessel or aircraft.
( d ) *Non-permanent marking.* Vessels over 25 ft (7.6 m) in registered length, fishing in the EEZ and carrying recreational fishing parties on a per capita basis or by charter must use markings that meet the above requirements, except for the requirement that they be affixed permanently to the vessel. The non-permanent markings must be displayed in conformity with the aforementioned requirements.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE FINANCIAL DATA SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM CONVEST
ENERGY CORPORATION 1996 FORM 10-K AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           4,011
<SECURITIES>                                         0
<RECEIVABLES>                                    9,163
<ALLOWANCES>                                     (657)
<INVENTORY>                                         97
<CURRENT-ASSETS>                                14,784
<PP&E>                                         117,785
<DEPRECIATION>                                (63,061)
<TOTAL-ASSETS>                                  72,212
<CURRENT-LIABILITIES>                           17,342
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           104
<OTHER-SE>                                      43,034
<TOTAL-LIABILITY-AND-EQUITY>                    72,212
<SALES>                                         47,139
<TOTAL-REVENUES>                                49,745
<CGS>                                           14,780
<TOTAL-COSTS>                                   40,453
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               1,065
<INCOME-PRETAX>                                  8,227
<INCOME-TAX>                                       157
<INCOME-CONTINUING>                              8,070
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,070
<EPS-PRIMARY>                                     0.77
<EPS-DILUTED>                                     0.77

</TABLE>
* Pursuant to 5 T H C IR

. R. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED
January 13, 2006

Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-11030

_____________________
RICHARD SCHWARTZ, Etc.; ET AL.,

Plaintiffs,

versus

TXU CORP.; ET AL.,

Defendants, TXU CORP.; ERLE NYE; MICHAEL J. MCNALLY,

Defendants - Appellees,

versus
MARK L. ROTH, Individually, and as Trustee of the Mark L. Roth, CPA, Money Purchase Plan & Trust, and Trustee of the Mark Lawrence Roth Trust; JOCELYN K. ROTH, Individually, and as Trustee of the Mark L. Roth, CPA, Money Purchase Plan & Trust,

Appellants.

_________________________________________________________________

Appeal from the United States District Court for the Northern District of Texas, Dallas

_________________________________________________________________ Before JOLLY, SMITH, and DeMOSS, Circuit Judges.

PER CURIAM: *

Currently before us is an interlocutory appeal involving the

validity of an injunctive order issued by the district court. This

appeal was argued before the above panel on May 12, 2005. The2

p anel was advised, however, that the parties had reached a

settlement that had been presented to the district court for

approval. Because that settlement would probably moot this

interlocutory appeal, we have, with the understanding of the

parties, held opinion pending approval of the settlemen t by the

district court. The district court, however, did not approve the

settlement of the federal action until November 8, 2005. S ee
Findings of Fact and Conclusions of Law, No. 3:02-CV-2243, Nov. 8,

2005 (approving settlement and dismissing the action with

prejudice). This final judgment has been appealed.

In view of these changed circumstances, particularly that the

case has terminated in the district court, we REMAND to the

district court for the limited purpose of further consideration of

i ts injunctive order in the light of the changed circumstances.

The parties should address whether there is any further necessity

for the injunctive relie f. The district court should determine

whether the injunction now should be dism issed, reinstated, or

modified under these changed circumstances and enter an order as it

determines appropriate, with some explanation for its order.

This panel retains control over any appeal that may result

from the injunctive order of the district court. We hereby notify

the parties that should appeal from the district court order be

deemed necessary, a new notice of appeal should be filed, which

will then be consolidated with this appeal.3

Furthermore, we request that, once the district court has

entered its new order, it forward a copy of the same to the clerk

of this court.

The case is REMANDED for the limited and specific purpose

stated.
# EUR-Lex - 12002E268 - EN

Avis juridique important

*|*

# 12002E268

**Treaty establishing the European Community (Nice consolidated version) - Part Five: Institutions of the Community - Title II: Financial provisions - Article 268 - Article 199 - EC Treaty (Maastricht consolidated version) - Article 199 - EEC Treaty **

*
Official Journal C 325 , 24/12/2002 P. 0140 - 0140 Official Journal C 340 , 10/11/1997 P. 0287 - Consolidated version Official Journal C 224 , 31/08/1992 P. 0070 - Consolidated version (EEC Treaty - no official publication available) *

Treaty establishing the European Community (Nice consolidated version)

Part Five: Institutions of the Community

Title II: Financial provisions

Article 268

Article 199 - EC Treaty (Maastricht consolidated version)

Article 199 - EEC Treaty

Article 268

All items of revenue and expenditure of the Community, including those relating to the European Social Fund, shall be included in estimates to be drawn up for each financial year and shall be shown in the budget.

Administrative expenditure occasioned for the institutions by the provisions of the Treaty on European Union relating to common foreign and security policy and to cooperation in the fields of justice and home affairs shall be charged to the budget. The operational expenditure occasioned by the implementation of the said provisions may, under the conditions referred to therein, be charged to the budget.

The revenue and expenditure shown in the budget shall be in balance.
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