alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
From: Wayland, Robertj To: Higgins, Cortney ; Maxwell, Bill Cc: Thundiyil, Karen ; Frey, Nathan J. ; Culligan, Kevin Subject: RE: Interagency Comments on MATS Preamble and RTC Date: Thursday, March 21, 2013 10:25:01 AM Attachments: MATS Table of reconsidered vs final - internal_032113.docx

Cortney/Nathan –

Attached below is the table you requested last evening comparing the final rule limits with the reconsideration final limits. Let me know if you need anything further.

bob



### Robert J. Wayland, Ph.D. Leader, Energy Strategies Group U.S. Environmental Protection Agency Office of Air Quality Planning and Standards Sector Policies and Programs Division Mail Code D243-01 Research Triangle Park, NC 27709 Office: (919) 541-1045 Cell: (919) 306-2290
Fax: (919) 541-5450

Email: wayland.robertj@epa.gov

************************************* DRAFT/Deliberative Document - FOIA Exempt

*************************************

From: Higgins, Cortney [mailto:Cortney_Higgins@omb.eop.gov] Sent: Wednesday, March 20, 2013 6:18 PM To: Wayland, Robertj; Maxwell, Bill Cc: Thundiyil, Karen; Frey, Nathan J. Subject: Interagency Comments on MATS Preamble and RTC

Hi Bob and Bill,

Below are comments received on the latest draft of the MATS preamble and the response to comments document.

Preamble: Page 54 of 97 (of the redline version of the draft rule), Section 60.48Da(f), the second sentence reads “ Daily averages are only calculated for boiler operating days that have out-of-control periods totaling no more than 6 hours of unit operation during which the standard applies. ” The following revision to the sentence is suggested (additional text underlined) for clarify considering that allboiler operating days including those with 6 hours of out-of-control operating conditions need to be accounted for in emission calculations: “ Daily averages are only must be calculated for boiler operating days that have out-of-control periods totaling no more than 6 hours of unit operation during which the standard applies. ”

RTC: page 77, para 3: The sentence duplicates a clause, we think in error. “According to the Commenter (20253), natural gas combined cycle plants are less expensive than natural gas combined cycle plants with lower capital and annual operating costs.” Second, should l coal fired plants should be in there somewhere?

Nathan Frey (copied, phone: 202.395.7345) will be able handling the review from here forward.

Thanks for your help on this.

Regards, Cortney
CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


We hereby  consent  to the  incorporation  by  reference  into the  Registration
Statements  on  Forms  S-8 (No.  33-20865,  No.  333-08499,  No.  333-05177  and
333-06063  and 33-59056) of Star Multi Care  Services,  Inc. of our report dated
July 18, 1997 with  respect to the  consolidated  financial  statements  of Star
Multi Care  Services,  Inc.  appearing in this Annual Report (Form 10-K) of Star
Multi Care Services, Inc. for the year ended May 31, 1997.



/s/ Holtz Rubenstein & Co., LLP

HOLTZ RUBENSTEIN & CO., LLP
Melville, New York
August 26, 1997
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF POST PROPERTIES, INC. FOR THE PERIOD ENDED JUNE 30, 2000
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK>0000903127
<NAME>POST PROPERTIES, INC.

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                      16,716,000
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                   2,693,455,000
<DEPRECIATION>                             327,195,000
<TOTAL-ASSETS>                           2,513,668,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                  1,125,028,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     50,000
<COMMON>                                       394,000
<OTHER-SE>                               1,070,644,000
<TOTAL-LIABILITY-AND-EQUITY>             2,513,668,000
<SALES>                                              0
<TOTAL-REVENUES>                           194,925,000
<CGS>                                                0
<TOTAL-COSTS>                              100,066,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          22,763,000
<INCOME-PRETAX>                             65,699,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         50,887,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                50,887,000
<EPS-BASIC>                                       1.30
<EPS-DILUTED>                                     1.28


</TABLE>
#### DORMAN v. STATE.

No. 15288.

Court of Criminal Appeals of Texas.

April 27, 1932.

M. B. Gates, of Pluntsville, and M. L. Bennett, of Normangee, for appellant.

Lloyd TV. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, J.

The offense is selling intoxicating liquor; the punishment, confinement in the penitentiary for one year.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

The judgment is affirmed.

PER CURIAM.

The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the court.
748 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Hoaorablo lcarlon EeQee 

County Autlltor~ 

Imy8 couuty 

San WrooB, Texas 

DMr sir: 

your nqubrt fir 

quastlon h aa been mo d 

o n the a b o ve l.tateQ 

naation for ix ottiofo Ml-- 

6ir j-t, rraaa c%mpall~~ 

iwary, pmniAed, mmh oompenaation 

ia rmior8rl2olm~aal2 net&nO~MM the oompaaation cf the offisial beyond 

the nmximuu of 06ap4matiou am3 exoosi3 fna allowed to be l-Ma1n.d by him UnbC thtr &lapt@t. 

Fro~l6@4, howtmer, the *I ait2do hs*ia authorbe8 shall ?M allwod only after an opportu.nity 

for a pubua hearts& and enky upon tha efflm6~ 

tire rote ot at laa8gi thee* smmber8 of th coilr 

mieslonml4' OOurt." : 
74 

Honorable k%rlon roGee, Faga E 

In tier of the foregoing statute you are ruspeotlully advised that it is the opinion of this depsx-tmmt 

that the oommlasloners* oourt MY allow oompensstfon ror 

l x offiolo services when, In their juwnt such compensatlon Is neoessary, provided, sash oompeasation for ox 

oitlolo services allowod shall not fnoraase oompensatlon 

or the oounty attorney beyoti tho maximua~ of oos,pensatfon 

and oxoosa rwm allowed to b retaiaod by him by the law. 

You are farth.er advised that thesx ofrlolo authorleed 

by Artlola 3895, ailpra, shall be all.oweU only after an 

opportunity for a pub110 hearlag aad only upon ths affirrtlto rota of at lease three IIW~~IYJ 0i the ~IRWLI~~IO~- 

ems* oourt. 

mliarlng that the foregoing anowers yfmr InqrALr;r, we rennin 

rour6Terytmly 

Ardoll wll11m 

Ar8lotant
Form of Certificate for the Preferred Stock



 Exhibit 4.1 
  

					
	**PS-__**	 	 Incorporated under the laws
 of the State of Washington
	 	**________**

 WASHINGTON FEDERAL, INC. 
 This Certifies that: 
 Is the owner of:

 _________________ (            ) SHARES OF 
 FIXED RATE CUMULATIVE PERPETUAL PREFERRED STOCK, SERIES A, PAR VALUE $1.00 
 The shares represented by this certificate are transferable only on the stock transfer books of the Corporation by the holder of record thereof, or by his duly authorized attorney or legal representative, upon the
surrender of this certificate properly endorsed. This certificate and the shares represented hereby are issued and shall be held subject to all the provisions herein and of the Restated Articles of Incorporation, as amended, and Bylaws of the
Corporation and any amendments thereto (copies of which are on file with the Corporation), to all of which provisions the holder by acceptance hereof, assents. 
 SEE RESTRICTIONS AND LEGENDS ON REVERSE 
 Dated: ___________ __, _____ 
  

					
	  	 		 	  
	Roy M. Whitehead, President	 		 	Edwin C. Hedlund, Secretary








 THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE NOT SAVINGS ACCOUNTS, DEPOSITS OR OTHER OBLIGATIONS OF A BANK AND ARE
NOT INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION OR ANY OTHER GOVERNMENTAL AGENCY. 
 THE SECURITIES REPRESENTED BY THIS INSTRUMENT HAVE NOT BEEN
REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE “SECURITIES ACT”), OR THE SECURITIES LAWS OF ANY STATE AND MAY NOT BE TRANSFERRED, SOLD OR OTHERWISE DISPOSED OF EXCEPT WHILE A REGISTRATION STATEMENT RELATING THERETO IS IN
EFFECT UNDER SUCH ACT AND APPLICABLE STATE SECURITIES LAWS OR PURSUANT TO AN EXEMPTION FROM REGISTRATION UNDER SUCH ACT OR SUCH LAWS. EACH PURCHASER OF THE SECURITIES REPRESENTED BY THIS INSTRUMENT IS NOTIFIED THAT THE SELLER MAY BE RELYING ON THE
EXEMPTION FROM SECTION 5 OF THE SECURITIES ACT PROVIDED BY RULE 144A THEREUNDER. ANY TRANSFEREE OF THE SECURITIES REPRESENTED BY THIS INSTRUMENT BY ITS ACCEPTANCE HEREOF (1) REPRESENTS THAT IT IS A “QUALIFIED INSTITUTIONAL BUYER” (AS
DEFINED IN RULE 144A UNDER THE SECURITIES ACT), (2) AGREES THAT IT WILL NOT OFFER, SELL OR OTHERWISE TRANSFER THE SECURITIES REPRESENTED BY THIS INSTRUMENT EXCEPT (A) PURSUANT TO A REGISTRATION STATEMENT WHICH IS THEN EFFECTIVE UNDER THE
SECURITIES ACT, (B) FOR SO LONG AS THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE ELIGIBLE FOR RESALE PURSUANT TO RULE 144A, TO A PERSON IT REASONABLY BELIEVES IS A “QUALIFIED INSTITUTIONAL BUYER” AS DEFINED IN RULE 144A UNDER THE
SECURITIES ACT THAT PURCHASES FOR ITS OWN ACCOUNT OR FOR THE ACCOUNT OF A QUALIFIED INSTITUTIONAL BUYER TO WHOM NOTICE IS GIVEN THAT THE TRANSFER IS BEING MADE IN RELIANCE ON RULE 144A, (C) TO THE ISSUER OR (D) PURSUANT TO ANY OTHER
AVAILABLE EXEMPTION FROM THE REGISTRATION REQUIREMENTS OF THE SECURITIES ACT AND (3) AGREES THAT IT WILL GIVE TO EACH PERSON TO WHOM THE SECURITIES REPRESENTED BY THIS INSTRUMENT ARE TRANSFERRED A NOTICE SUBSTANTIALLY TO THE EFFECT OF THIS
LEGEND.
**Exhibit 31.2**
**Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002**
I, Thomas D. Davis, certify that:
1. I have reviewed this quarterly report of Xybernaut Corporation; 2. Based on my knowledge, this quarterly report does not contain anyuntrue statement of a material fact or omit to state a materialfact necessary to make the statements made, in light of thecircumstances under which such statements were made, notmisleading with respect to the period covered by this quarterlyreport; 3. Based on my knowledge, the financial statements, and otherfinancial information included in this quarterly report, fairlypresent in all material respects the financial condition, resultsof operations and cash flows of the registrant as of, and for, theperiods presented in this quarterly report; 4. The registrant’s other certifying officers and I are responsiblefor establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:
(a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within those entities,particularly during the period in which this quarterly report is beingprepared;
(b) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and
(c) Disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financial reporting;and
5. The registrant’s other certifying officers and I have disclosed,based on our most recent evaluation of internal control overfinancial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming the equivalent functions):
(a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely 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 otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.
May 7, 2004
XYBERNAUT CORPORATION /s/ THOMAS D. DAVISThomas D. DavisSenior Vice President andChief Financial Officer
A99A0847.

#### ALDRICH v. CITY OF LUMBER CITY et al.

Decided April 10, 2001.

*Larry N. Hollington,*for appellant.

*Drew, Eckl & Farnham, Daniel C. Kniffen, Terrence T. Rock,*for appellees.

(547 SE2d 725)

Eldridge, Judge.

In *Aldrich v. City of Lumber City,*273 Ga. 461 (542 SE2d 102) (2001), the Supreme Court reversed the judgment of this Court’s opinion in *Aldrich v. City of Lumber City,*241 Ga. App. 724 (530 SE2d 195) (1999). Therefore, we vacate our earlier opinion, and adopt the opinion of the Supreme Court as our own.

*Judgment reversed.*

*Blackburn, C. J., Pope, P. J., Johnson, P. J., Smith, P. J., Barnes and Ellington, JJ, concur.*
EXHIBIT 10.4  Summary of Oral Agreement for Payment of Services between Cephalon, Inc. and its Board of Directors  The Stock Option and
Compensation Committee of the Board of Directors reviews annually the cash compensation
paid to members of the Board.  During
such review, the Committee compares the cash compensation to that paid by other
companies within its peer group, as determined by a third party consultant.  Prior to July 2004, non-employee members
of Cephalons Board of Directors received an annual retainer of $30,000 and a
$3,000 fee for each Board meeting attended. 
Additionally, on an annual basis, the members of each of the Boards
committees received an $8,000 annual retainer for each committee
membership.  While conducting the most
recent compensation review in July 2004, the Stock Option and Compensaton
Committee recommended an increase in the annual cash retainer for committee
chairs to $12,000, and the annual cash retainer for committee members to
$10,000.  The annual base cash retainer
for all Board members remains at $30,000, and per meeting fees remain $3,000.  The Board of Directors will continue to be
reimbursed for expenses incurred to attend board meetings.  All directors will continue to receive
options to purchase 15,000 shares of common stock upon their initial election
to the Board and 10,000 more upon their annual re-elections.  The initial stock option grant vests over a
four-year period.  Since the annual amount
is viewed as compensation, it is 100% vested when awarded.
**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 Annual Report of Sunrise Energy Resources, Inc. a Delaware
      corporation (the “Company”) on Form 10-KSB for the period ending December 31,
      2007, as filed with the Securities and Exchange Commission on the date hereof
      (the “Report”), Konstantin Tsiryulnikov, Principal Executive Officer of the
      Company, certifies to the best of his knowledge, pursuant to 18 U.S.C. §
1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002,
      that:


(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 result of operations of the
                  Company.





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




Date:
                October 30, 2008By:
            /s/
                Konstantin TsiryulnikovKonstantin
                TsiryulnikovChief
                Executive Officer
<PAGE>   1

                                                                      EXHIBIT 23


                          INDEPENDENT AUDITORS' CONSENT

The Board of Directors
CENFED Financial Corporation

We consent to the incorporation by reference in the registration statements (No.
33-43010, No. 33-48077, No. 33-90098 and No. 33-90096) on Form S-8 of CENFED
Financial Corporation of our report dated March 17, 1998, relating to the
consolidated statements of financial condition of CENFED Financial Corporation
and subsidiaries as of December 31, 1997 and 1996, and the related consolidated
statements of operations, changes in stockholders' 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 CENFED Financial
Corporation.

                                                           KPMG Peat Marwick LLP

Los Angeles, California
March 30, 1998
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
                   Appendix A to Item 601(c) of Regulation S-K
                       Commercial and Industrial Companies
                           Article 5 of Regulation S-X
                               (amount in dollars)
</LEGEND>
<CIK>     0001012480                         
<NAME>    Sabratek Corporation                        


       
<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              DEC-31-1997

<PERIOD-END>                                   JUN-30-1997

<CASH>                                         23,767,805
<SECURITIES>                                    7,995,610
<RECEIVABLES>                                  13,149,330
<ALLOWANCES>                                      317,769
<INVENTORY>                                     8,825,120
<CURRENT-ASSETS>                               50,583,145
<PP&E>                                          3,558,901
<DEPRECIATION>                                    967,267
<TOTAL-ASSETS>                                 63,255,863
<CURRENT-LIABILITIES>                           5,443,436
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                          100,025
<OTHER-SE>                                     57,692,208
<TOTAL-LIABILITY-AND-EQUITY>                   63,255,863
<SALES>                                        17,314,457
<TOTAL-REVENUES>                               17,314,457
<CGS>                                           7,185,177
<TOTAL-COSTS>                                   7,185,177
<OTHER-EXPENSES>                                7,937,107
<LOSS-PROVISION>                                  111,619
<INTEREST-EXPENSE>                                      0
<INCOME-PRETAX>                                 2,727,345
<INCOME-TAX>                                       54,539
<INCOME-CONTINUING>                                     0
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                    2,672,406
<EPS-PRIMARY>                                        0.26
<EPS-DILUTED>                                           0
                                               



</TABLE>
I 

111TH CONGRESS 

1ST SESSION H. R. 1418 

To eliminate the exemption from State regulation for certain securities 

designated by national securities exchanges. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2009 

Mr. MEEKS of New York introduced the following bill; which was referred to 

the Committee on Financial Services 

A BILL 

To eliminate the exemption from State regulation for certain 

securities designated by national securities exchanges. 

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

3 SECTION 1. SCOPE OF EXEMPTION FROM STATE SECURI4 TIES REGULATION. 

5 Section 18(b)(1) of the Securities Act of 1933 (15 

6 U.S.C. 77r(b)(1)) is amended— 

7 (1) in subparagraph (A)— 

8 (A) by striking ‘‘or the American Stock 

9 Exchange, or listed, or authorized for listing, on 

10 the National Market System of the Nasdaq 


rfrederick on PROD1PC67 with BILLS
2 

•HR 1418 IH

1 Stock Market (or any successor to such enti2 ties)’’ and inserting ‘‘, the American Stock Ex3 change or the Nasdaq Stock Market (or any 

4 successor to such entities)’’; and 

5 (B) by inserting before the semicolon the 

6 following: ‘‘, except that a security listed, or au7 thorized for listing, on the New York Stock Ex8 change, the American Stock Exchange or the 

9 Nasdaq Stock Market (or any successor to such 

10 entities) shall not be a covered security if the 

11 exchange adopts listing standards pursuant to 

12 section 19(b) of the Securities Exchange Act of 

13 1934 (15 U.S.C. 78s(b)) that designates a tier 

14 or segment of such securities as securities that 

15 are not covered securities for purposes of this 

16 section and such security is listed, or authorized 

17 for listing, on such tier or segment’’; and 

18 (2) in subparagraph (B), by inserting ‘‘covered’’ 

19 after ‘‘applicable to’’. 

Æ 


rfrederick on PROD1PC67 with BILLS
#### Rocky River Apartments, Inc., Appellant, *v.*Tax Commission of Ohio et al., Appellees.

(No. 28671

Decided June 18, 1941.)

*Mr. Jack B. Dworken*and *Mr. Morton B. Dworken,*for appellant.

*Mr. Frank T. Gullitan,*prosecuting attorney, and *Mr. Frederick W. Frey,*for appellees.

It is ordered and adjudged, *sua sponte,*that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, ' C. J., Turner, Williams, Hart, Zimmerman and Bettman, JJ., concur.

Matthias, J., not participating.