alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 

### Sutton, Lisa

From: Brachtl, Megan

Sent: Friday, May 22, 2015 3:51 PM

To: Sutton, Lisa

Subject: FW: SSM SIP Call Final Action Notification to States

Attachments: McCabe letter to air directors final SSM SIP call 05-22-15.pdf

Megan V. Brachtl, Group Leader

State and Local Programs Group

Office of Air Quality Planning and Standards

U.S. Environmental Protection Agency

(919) 541

‐ 2648

brachtl.megan@epa.gov

From: Daly, Carl

Sent: Friday, May 22, 2015 3:50 PM

To: Brachtl, Megan

Cc: Clark, Adam

Subject: MT: SSM SIP Call Final Action Notification to States

FYI

‐ MT

Carl Daly, Director

Air Program

303

‐ 312

‐ 6416

From: Daly, Carl

Sent: Friday, May 22, 2015 9:35 AM

To: Dave Klemp ( dklemp@mt.gov )

Cc: Monica Morales

Subject: SSM SIP Call Final Action Notification to States

Dave

T his email is a follow

‐ up to my update on the SAD call about the startup, shutdown, or malfunction (SSM) SIP

call. Montana will be included in the SIP call.

The information below is from headquarters.

The EPA Administrator signed a final action today to ensure states have in place air pollution rules that apply to sources

at all times, including when the source is operating during periods of startup, shutdown, or malfunction (SSM).

This action responds to a Petition for Rulemaking filed by the Sierra Club and WildEarth Guardians concerning the

treatment of excess emissions at industrial facilities during SSM operations, specifically how those emissions are treated

in state implementation plan (SIP) provisions that the EPA previously approved. Also, as part of this action, EPA has

revised and clarified its policy concerning SSM provisions consistent with the Clean Air Act.2 The EPA is calling for 36 states, including your state, to make changes to their SIPs, to protect public health and ensure

consistency with the Clean Air Act and the EPA’s current SSM Policy. Your state will have 18 months to submit revisions

of your state plan to EPA. Your state’s revised SIP is due to EPA by November 22, 2016.

As part of our notification to your state about this final SIP call, attached to this email is a letter from the EPA’s Acting

Assistant Administrator for Air and Radiation, Janet McCabe. To inform you of the details on the final action, including

the specific SIP provisions your state needs to address, we have posted a pre

‐ publication version of the action on our

website at: http://www.epa.gov/airquality/ur banair/sipstatus/emissions.html

.

Carl Daly, Director

Air Program

303

‐ 312

‐ 6416
#### In the Matter of Dennis Buthy, Respondent. People of the State of New York, Appellant.

— Order unanimously affirmed. Memorandum: As found by Supreme Court, the record establishes, by a preponderance of the evidence, that defendant does not have a dangerous mental defect and is not mentally ill within the meaning of CPL 330.20 (1) (d) and is, therefore, entitled to be released from in-patient status on conditions *(see,*CPL 330.20 [12]).

The testimony of the psychiatrist and the psychologist who testified for petitioner, State Commissioner of Mental Health, established that, although defendant has a paranoid personality, he is not psychotic and does not suffer from a dangerous mental disorder, he does not presently require medication, and in-patient status is no longer necessary. Other testimony established that, during defendant’s 22-year stay at the psychiatric center, he did not exhibit any assaultive behavior. (Appeal from order of Supreme Court, Erie County, Ostrowski, J. — CPL 330.20.) Present — Denman, J. P., Boomer, Pine, Davis and Lowery, JJ.
Exhibit 31.1
 
  CERTIFICATION OF CEO PURSUANT TO RULES 13A-14 AND 15D-14 OF THE SECURITIES
EXCHANGE ACT OF 1934, AS AMENDED, AS ADOPTED PURSUANT TO SECTION 302 OF THE
SARBANES-OXLEY ACT OF 2002
   I, Paul S. Moller, certify that:
   1. I have reviewed this annual report on Form 10-K of Moller International;
   2. Based on my knowledge, this annual 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 annual report;
   3. Based on my knowledge, the financial statements, and other financial information included in this annual 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 annual report;
   4. The registrant's other certifying officers and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:
   a)
designed such disclosure controls and procedures 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 annual report is being prepared;
   b)
evaluated the effectiveness of the registrant's disclosure controls and procedures as of a date within 90 days prior to the filing date of this annual report (the "Evaluation Date"); and
   c)
presented in this annual report our conclusions about the effectiveness of the disclosure controls and procedures based on our evaluation as of the Evaluation Date;
   5. The registrant's other certifying officers and I have disclosed, based on our most recent evaluation, to the registrant's auditors and the audit committee of registrant's board of directors (or persons performing the equivalent function):
   a)
all significant deficiencies in the design or operation of internal controls which could adversely affect the registrant's ability to record, process, summarize and report financial data and have identified for the registrant's auditors any material weaknesses in internal controls; 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; and
   6. The registrant's other certifying officers and I have indicated in this annual report whether or not there were significant changes in internal controls or in other factors that could significantly affect internal controls subsequent to the date of our most recent evaluation, including any corrective actions with regard to significant deficiencies and material weaknesses.
  Date: 10/13/2010
 
 /s/ Paul S. Moller
 CEO and President
 
 
 
 - 47 -
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                       3,512,555
<INT-BEARING-DEPOSITS>                         412,918
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                 10,062,365
<INVESTMENTS-CARRYING>                         892,342
<INVESTMENTS-MARKET>                           894,000
<LOANS>                                    140,206,298
<ALLOWANCE>                                  1,018,000
<TOTAL-ASSETS>                             160,032,307
<DEPOSITS>                                  77,922,142
<SHORT-TERM>                                21,000,000
<LIABILITIES-OTHER>                          1,198,606
<LONG-TERM>                                 31,995,389
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        21,821
<OTHER-SE>                                  27,894,349
<TOTAL-LIABILITIES-AND-EQUITY>             160,032,307
<INTEREST-LOAN>                              7,961,209
<INTEREST-INVEST>                              504,535
<INTEREST-OTHER>                                99,493
<INTEREST-TOTAL>                             8,565,237
<INTEREST-DEPOSIT>                           2,625,775
<INTEREST-EXPENSE>                           4,438,358
<INTEREST-INCOME-NET>                        4,126,879
<LOAN-LOSSES>                                  184,200
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                              2,494,242
<INCOME-PRETAX>                              1,753,784
<INCOME-PRE-EXTRAORDINARY>                   1,085,157
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,085,157
<EPS-PRIMARY>                                      .56
<EPS-DILUTED>                                      .56
<YIELD-ACTUAL>                                    3.49
<LOANS-NON>                                    318,000
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                332,598
<ALLOWANCE-OPEN>                               881,000
<CHARGE-OFFS>                                   90,000
<RECOVERIES>                                    43,000
<ALLOWANCE-CLOSE>                            1,018,000
<ALLOWANCE-DOMESTIC>                           203,700
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                        814,300
        

</TABLE>
# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice.

# SUMMARY:

This action will open 66.24 acres of land to such forms of disposition as may by law be made of National Forest system lands, mining, mineral leasing, and geothermal leasing. The Forest Service exchange proposal has been withdrawn in its entirety.

# EFFECTIVE DATE:

March 20, 2000.

# FOR FURTHER INFORMATION CONTACT:

Jenny Liang, BLM Oregon/Washington State Office, P.O. Box 2965, Portland, Oregon 97208,503-952-6299.

# SUPPLEMENTARY INFORMATION:

Under the authority of the General Exchange Act of March 30, 1922, as amended; the Federal Land Policy and Management Act of 1976, and the Federal Land Exchange Facilitation Act of August 20, 1988, the following described Federal land identified in a proposed exchange between the Wallowa-Whitman National Forest and Bill Brown, Ceridwyn Trust, UAD, has been withdrawn in its entirety:

## Willamette Meridian

T. 9 S., R. 36 E.,

Sec. 3,

Those portions of unpatented mining claims IBM 56, IBM 62, IBM 63, Midnight and Midnight Extension. Except any portion contained in unpatented mining claim IBM 61; and also excepting any portion contained in the following patented mining claims: Chebogan, Kitchi, Bald Mountain, Saginaw, Albine, Three Star, of MS 477, also La Cross and Pacific, of MS 813.

The area described contains 66.24 acres in Baker County, Oregon.

At 8:30 a.m., on March 20, 2000, the land will be opened to such forms of disposition as may by law be made of National Forest System lands, subject to valid existing rights, the provisions of existing withdrawals, and the requirements of applicable law. All valid existing applications received at or prior to 8:30 a.m., on March 20, 2000, will be considered as simultaneously filed at that time. Those received thereafter will be considered in the order of filing.

At 8:30 a.m., on March 20, 2000, the land will be opened to location and entry under the United States mining laws. Appropriation under the general mining laws prior to the date and time of restoration is unauthorized. Any such attempted appropriation, including attempted adverse possession under 30 U.S.C. Sec. 38, shall vest no rights against the United States. Acts required to establish a location and to initiate a right of possession are governed by State law where not in conflict with Federal law. The Bureau of Land Management will not intervene in disputes between rival locators over possessory rights since Congress has provided for such determinations in local courts.

At 8:30 a.m., on March 20, 2000, the land will be opened to applications and offers under the mineral leasing laws and the Geothermal Steam Act.

Dated: February 2, 2000.

Robert D. DeViney, Jr.,

Chief, Branch of Realty and Records Services.

[FR Doc. 00-3099 Filed 2-10-00; 8:45 am]

BILLING CODE 4310-33-P
Exhibit 99.2

                            CERTIFICATION PURSUANT TO
                                 18 U.S.C. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     I, Lynda L. Regan,  Principal Executive Officer of Regan Holding Corp. (the
"Company"),  hereby  certify,  to the best of my  knowledge,  that the Company's
amended  annual report on Form 10-K/A fully  complies with the  requirements  of
Section 13(a) or 15(d) of the Securities  Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)) and that the information contained in this amended annual report on Form
10-K/A fairly presents,  in all material respects,  the financial  condition and
results of operations of the Company.


                                                     /s/ Lynda L. Regan
                                                     -------------------------
                                                     Lynda L. Regan
                                                     October 23, 2002
<PAGE>

                                                                 Exhibit 10.33

                               AMENDMENT NO. 1
                                      TO
                          NICOTINE AGREEMENT BETWEEN
              CYGNUS INC. AND [CONFIDENTIAL TREATMENT REQUESTED]

     Cygnus Inc. ("Cygnus") and [Confidential Treatment Requested] hereby 
agree to amend the Nicotine Agreement between them by adding the following 
paragraph as Section 6.7:


     6.7  GMP AUDITS.    [Confidential Treatment Requested] shall have the right
to audit the facility of Cygnus as may be necessary to assure that all
applicable FDA or similar government regulations have been met with respect to
Final Product.  Cygnus shall permit duly authorized representatives of
[Confidential Treatment Requested] to conduct such an audit following the making
of a prior appointment.  Such audits may be conducted for the sole purpose of
assuring compliance with all pertinent acts, regulations, and guidelines
promulgated by the FDA and other regulatory authorities concerning the Final
Product.  The foregoing audits shall be conducted no more than one (1) time per
calendar year, unless there are observations which the parties mutually agree
require a further audit.  Such audits will be permitted during normal business
hours and will be performed with a minimum of disruption.  [Confidential
Treatment Requested] shall furnish Cygnus with copies of all reports prepared as
a result of these audits.  [Confidential Treatment Requested] agrees to notify
Cygnus within ten (10) working days of any concerns that it may have which were
discovered during an audit.  All information disclosed by Cygnus or discovered
or learned by [Confidential Treatment Requested] during such audits shall be
deemed Cygnus Confidential Information governed by Section 11.

DATED:  August 21, 1998              DATED: August 25, 1998
       ------------------------             ----------------------------------
CYGNUS, INC.                         [Confidential Treatment Requested]

By /s/ Stephen N. Kirnon             By  /s/ [Confidential Treatment Requested]
   ----------------------------         --------------------------------------
       Stephen N. Kirnon
       President, Drug Delivery
EXHIBIT 23


                 Consent of Independent Auditors



The Board of Directors
Community Financial Holding Corporation:

We consent to incorporation by reference in the Form S-8
Registration Statements (No. 333-08643 and No. 333-11223) of
Community Financial Holding Corporation of our report dated
February 12, 1998, relating to the consolidated balance sheets of
Community Financial Holding Corporation and subsidiaries as of
December 31, 1997, and 1996, and the related consolidated
statements of income, changes in shareholders' equity, and cash
flows for each of the years in the three-year period ended
December 31, 1997, which report appears in the December 31, 1997
annual report on Form 10-K of Community Financial Holding
Corporation.



/s/ KPMG Peat Marwick LLP

Philadelphia, Pennsylvania
March 30, 1998
### CMP-10

Revised: May 3, 2004 

## San Joaquin Valley Air Pollution Control District Supplemental Application Form



# Conservation Management Practices: TREE FRUIT

Farm Name: CMP Plan Years: to

Crop Acreage:

Land Preparation/

Cultivation Select at least one of the following CMPs. Note: 100% of the total crop acreage must be covered by the selected CMPs.
Bed/Row Size or Spacing, ac Equipment Change/Tech. Improvements, ac Chemigation/Fertigation, ac Multiple CMPs in Another Category Combined Operations, ac Non-Tillage/Chemical Tillage, ac Conservation Irrigation, ac Precision Farming (GPS), ac Conservation Tillage, ac Other (approved on a case-by-case basis), ac Cover Crop, ac Please describe the specifics of the practice(s) chosen above:



### Harvest Select at least one of the following CMPs. Note: 100% of the total crop acreage must be covered by the selected CMPs.
Hand Harvesting, ac Shuttle System, ac Multiple CMPs in Another Category Other (approved on a case-by-case basis), ac Please describe the specifics of the practice(s) chosen above:



### Other Select at least one of the following CMPs. Note: 100% of the total crop acreage must be covered by the selected CMPs.

Bulk Materials Control Night Farming, ac Grinding/Chipping/Shredding, ac No Burning, ac Integrated Pest Management (IPM), ac Permanent Crop, ac Irrigation Power Units Surface Roughening, ac Mechanical Pruning, ac Other (approved on a case-by-case basis), ac Multiple CMPs in Another Category
Please describe the specifics of the practice(s) chosen above: CMP

10
EXHIBIT 32.1





CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO RULE 13A-14(B) AND RULE 15D-14(B) OF THE SECURITIES EXCHANGE ACT OF 1934 AND 18 U.S.C. SECTION 1350





In connection with the Quarterly Report of Auxilio, Inc. (the “Company”) on Form 10-Q for the quarter ended June 30, 2010 filed with the Securities and Exchange Commission on August 13, 2010, as amended by this Amendment No. 1 on Form 10-Q/A, as filed with the Securities and Exchange Commission on the date hereof (as amended, the “Report”), we, Joseph J. Flynn, Chief Executive Officer and Paul T. Anthony, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge:




(1)           The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and




(2)           The information contained in the Report fairly presents, in all material respects, the financial condition of the Company as of the dates presented and the results of operations of the Company for the periods presented.




Date: March 18, 2011


By:
/s/ Joseph J. FlynnJoseph Flynn,

President and Chief Executive Officer





By:
/s/ Paul T. AnthonyPaul Anthony,

Chief Financial Officer




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 accompanies the Quarterly Report pursuant to Rule 13a-14(b) or Rule 15d-14(b) under the Securities Exchange Act of 1934 and 18 U.S.C. Section 1350 and shall not be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.
**EXHIBIT 23.1**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM     We hereby consent to the incorporation by reference in the Registration Statements onForm S-3 (No. 333-63996) and in the Registration Statements on Form S-8 (Nos. 33-39925, 33-93662,333-15823, 333-71881, 333-88203 and 333-107899) of Atmel Corporation of our report dated March 16,2006 relating to the financial statements, financial statement schedule, management’s assessment ofthe effectiveness of internal control over financial reporting and the effectiveness of internalcontrol over financial reporting, which appears in this Form 10-K./s/ PricewaterhouseCoopers LLPSan Jose, California
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

October 25, 2006

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-20650

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MOISES LUNA, also known as Luna Moises, also known as Moses Luna,

Defendant-Appellant.

--------------------

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:05-CR-53-ALL 

--------------------

Before JOLLY, DeMOSS, and STEWART, Circuit Judges. 

PER CURIAM:*

Moises Luna appeals his sentence following his guilty plea

conviction for illegal reentry after previous deportation. Luna

contends that the district court erred in treating his Texas

burglary of a habitation conviction as a crime of violence under

U.S.S.G. § 2L1.2(b)(1)(A)(ii). As Luna concedes, his argument

has been rejected by this court. See United States v. ValdezMaltos, 443 F.3d 910, 911 (5th Cir. 2006), cert. denied, 
No. 05-20650

-2-

2006 WL 2094539 (U.S. Oct. 2, 2006) (No. 06-5473); United States

v. Garcia-Mendez, 420 F.3d 454, 456-57 (5th Cir. 2005),

cert. denied, 126 S. Ct. 1398 (2006). 

Luna also challenges, in light of Apprendi v. New Jersey,

530 U.S. 466 (2000), the constitutionality of 8 U.S.C.

§ 1326(b)’s treatment of prior felony and aggravated felony

convictions as sentencing factors rather than as elements of the

offense that must be found by a jury. This issue is foreclosed

by Almendarez-Torres v. United States, 523 U.S. 224, 235 (1998). 

Although Luna contends that Almendarez-Torres was incorrectly

decided and that a majority of the Supreme Court would overrule

Almendarez-Torres in light of Apprendi, we have repeatedly

rejected such arguments on the basis that Almendarez-Torres

remains binding. See United States v. Garza-Lopez, 410 F.3d 268,

276 (5th Cir.), cert. denied, 126 S. Ct. 298 (2005). Luna

properly concedes that his argument is foreclosed in light of

Almendarez-Torres and circuit precedent, but he raises it here to

preserve it for further review.

AFFIRMED.