alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2004217EN.01000901.xml

| 28.8.2004 | EN | Official Journal of the European Union | C 217/9 |
| --- | --- | --- | --- |

28.8.2004

EN

Official Journal of the European Union

C 217/9

---

JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Fourth Chamber)

of 1 July 2004

in Case C-331/03: Commission of the European Communities v French Republic (1)

1

(Failure of a Member State to fulfil its obligations - Directive 2000/53/EC - Failure to transpose within the period prescribed)

(2004/C 217/16)

Language of the case: French

In Case C-331/03: Commission of the European Communities (Agents: M. Konstantinidis and F. Simonetti) v French Republic (Agent: G. de Bergues and E. Puisais) — application for a declaration that, by failing to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles (OJ 2000 L 269, p. 34) and, in any event, by failing to notify them to the Commission, the French Republic has failed to fulfil its obligations under that directive — the Court (Fourth Chamber), composed of: J.N. Cunha Rodrigues, President of the Chamber, F. Macken (Rapporteur) and K. Lenaerts, Judges; M. Poiares Maduro, Advocate General; R. Grass, Registrar, gave a judgment on 1 July 2004, the operative part of which is as follows:

| 1. | By failing, within the period prescribed, to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles, the French Republic has failed to fulfil its obligations under that directive; |
| --- | --- |

1.

By failing, within the period prescribed, to adopt the laws, regulations and administrative provisions necessary to comply with Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of life vehicles, the French Republic has failed to fulfil its obligations under that directive;

| 2. | The French Republic is ordered to pay the costs. |
| --- | --- |

2.

The French Republic is ordered to pay the costs.

---

(1)  OJ C 213 of 6.9.2003.

1

---
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 
CONDENSED BALANCE SHEETS AND CONDENSED STATEMENTS OF OPERATIONS FOUND 
ON PAGES 3 AND 4 OF THE COMPANY'S FORM 10-QSB FOR THE YEAR-TO-DATE 
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL 
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                              85
<SECURITIES>                                         0
<RECEIVABLES>                                      474
<ALLOWANCES>                                       110
<INVENTORY>                                        146
<CURRENT-ASSETS>                                 1,035
<PP&E>                                           1,438
<DEPRECIATION>                                   1,159
<TOTAL-ASSETS>                                   1,663
<CURRENT-LIABILITIES>                            2,120
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        17,921
<OTHER-SE>                                    (18,378)
<TOTAL-LIABILITY-AND-EQUITY>                     1,663
<SALES>                                            182
<TOTAL-REVENUES>                                   182
<CGS>                                               84
<TOTAL-COSTS>                                       84
<OTHER-EXPENSES>                                 6,178
<LOSS-PROVISION>                                    10
<INTEREST-EXPENSE>                               (816)
<INCOME-PRETAX>                                (5,054)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (4,699)
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<EXTRAORDINARY>                                      0
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<NET-INCOME>                                   (4,699)
<EPS-PRIMARY>                                   (1.58)
<EPS-DILUTED>                                   (1.58)
        

</TABLE>
Exhibit
23.1
 
 
 CONSENT OF INDEPENDENT
REGISTERED PUBLIC ACCOUNTING FIRM
 
 We
hereby consent to the incorporation by reference in the Registration Statements
on Form S-3 (Nos. 333-91316, 333-102962, 333-122555, 333-123408 and 333-129033)
of Kinder Morgan Management, LLC of our reports dated February 25, 2010 relating
to the financial statements and the effectiveness of internal control over
financial reporting, and of our report dated March 2, 2009, except with respect
to the change in the Company’s accounting for noncontrolling interests as
discussed in Note 8 (to the financial statements in the Company’s Current Report
on Form 8-K filed on September 18, 2009 which is not presented herein), as to
which the date is September 18, 2009 relating to the financial statements, which
appear in this Form 10-K, and of our report dated February 19, 2010, relating to
the financial statements and the effectiveness of internal control over
financial reporting of Kinder Morgan Energy Partners, L.P., which appears in
Kinder Morgan Energy Partners, L.P.’s Annual Report on Form 10-K, which is
incorporated by reference in this Form 10-K.
 
 
 
 
 PricewaterhouseCoopers
LLP
 Houston,
Texas
 February
25, 2010
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUL-31-1997
<PERIOD-START>                             AUG-01-1996
<PERIOD-END>                               APR-30-1997
<CASH>                                         774,549
<SECURITIES>                                         0
<RECEIVABLES>                                3,740,344
<ALLOWANCES>                                   362,585
<INVENTORY>                                  2,210,609
<CURRENT-ASSETS>                             7,690,206
<PP&E>                                       3,584,291
<DEPRECIATION>                                 772,352
<TOTAL-ASSETS>                              10,529,117
<CURRENT-LIABILITIES>                        4,248,082
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         4,008
<OTHER-SE>                                   4,420,260
<TOTAL-LIABILITY-AND-EQUITY>                10,529,117
<SALES>                                      9,992,972
<TOTAL-REVENUES>                             9,992,972
<CGS>                                        6,119,996
<TOTAL-COSTS>                               12,459,180
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             149,292
<INCOME-PRETAX>                            (2,642,231)
<INCOME-TAX>                                 (544,900)
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,097,331)
<EPS-PRIMARY>                                   (0.52)
<EPS-DILUTED>                                        0
        

</TABLE>
p. 1


# OAR Box 1384 Prepped by Charmelle Mathews



### Document

Number: 

# 128 ) ll-E-8 8 Docket Number: 

# A-94-5 2

Printed 7/2/2008 8:42:07AM Sheet 128 of 264P. 2

FEB-18-9 7 TU E 10:4 6 .Jil^m 16:2 6 01919941023 4 PE S RT P N C p . 0 1 ©002/00 2


### A 845 2 , ll-E.- ^ Contac tRepor t plasti c Composite s NESHA P
From : Pate : Contact : Company : LaFlam , Pacifi c Environmenta l Services , Inc . (PESj
_ Greg l Novembe r 6,199 6 Mr . Charles DeBusk , PlantEnginee r Appalachia

n Plastics , Inc. , Glade Spring , V A 

### ES ) 

## iOCT;,2.2ls a
EP A AI R DOCKE T Telephon e lumber : (540)429-258 1
Contac tSummary : Appalachian Plastic s use s mostl y corrosion-resistant(polyeste r an d vinylester ) resin s i n filamen twindin g an

d ope n moldin g operations . Th e resins contai n 4 0 t o 4 5 percen tstyrene ; no additional monome r i s added whe n mixin g th e resi n mauix . Resi n i s mixe d i n 1 0 mixin g vats , whic h ar e approximately 3 fee tin diamete r an d 3 fee thigh . Th e vat s hav e a cove r mad e i n tw o halves : a fixed hal f

an d hal f tha tswivel s outfrom th e va

ts o tha tingredients ca n b e added - Th e mixe r shaf

ti s mounted throug

h bearing s i n th e fixe d half-cover . Prio r t o mixing , th e cove r i s swivelle d close d (metal-to-metal contact) , s o ther e i s onl y a small crac

k (i f any ) i n th e cover enclosure .

REPORT I S ACCURAT E _Q^
CHIEF
FINANCIAL OFFICERS CERTIFICATION Exhibit 31.2 I, Frank M. Jerneycic,
certify that: 1.
  I have reviewed this Quarterly Report on Form 10-Q
  of Learning Care Group, Inc.;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 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 we 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 Quarterly Report our conclusions about the effectiveness of
  the disclosure controls and procedures as of the end of the period covered by
  this Quarterly Report based on such evaluation; andc) disclosed
  in this Quarterly 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 a quarterly
  report) that has materially affected, or is reasonably likely to materially
  affect, the registrants internal control over financial reporting;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
  function):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; andb) 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: September 3, 2004
  
  /s/ Frank M. JerneycicFrank M. Jerneycic, Chief Financial
  Officer and Treasurer
HomeNRC LibraryDocument CollectionsRulemaking Documents

# Petition  for Rulemaking Dockets

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The rulemaking petition process is the system by which any member of the public can request that the NRC develop, modify, or rescind a regulation.

The following pages provide links to the Regulations.gov site. This government-wide, online database includes NRC's public dockets related to petitions for rulemaking. The dockets include publicly available documents such as NRC-issued *Federal Register* notices, supporting documents, public comments, and other related documents. Select the docket number shown in the table to access a particular docket.

You can submit comments electronically by clicking "Submit a Comment" on the Regulations.gov Search Results page and completing the Public Comment and Submission Form. For more information on Regulations.gov, see the Help and Frequently Asked Questions.

**Open Petition for Rulemaking Dockets:** | All Years |

Page Last Reviewed/Updated Thursday, January 18, 2024

Section Navigation

#### Navigation

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Page Last Reviewed/Updated Thursday, January 18, 2024
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO


18 U.S.C.
SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002








In
connection with the Annual Report of Zones, Inc. (the “Company”) on Form 10-K
for the period ended December 31, 2007, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Ronald P. McFadden,
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:





(1)           The
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m); and





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








Date:
March 3, 2008








/S/   RONALD P
      MCFADDENRonald
      P. McFaddenChief
      Financial Officer
# C_2004196EN.01000901.xml

| 3.8.2004 | EN | Official Journal of the European Union | C 196/9 |
| --- | --- | --- | --- |

3.8.2004

EN

Official Journal of the European Union

C 196/9

---

CALL FOR PROPOSALS — DG EAC 42/04

CALL FOR PROPOSALS

Support for the transnational distribution of European films

Support for international sales agents of European cinema films

(2004/C 196/07)

1.   Objectives and Description

This call for proposals is based on Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion — 2001 to 2005), which was published in the
  Official Journal of the European Communities L 13, 17.1.2001, p. 34.

Official Journal of the European Communities

The measures covered by the Decision include support for the transnational distribution of European cinema films.

2.   Eligible applicants

This notice is addressed to European companies specialising in the international distribution of European cinema films (sales agents).

Applicants must be established in one of the following countries:

| — | the 25 countries of the European Union, |
| --- | --- |

—

the 25 countries of the European Union,

| — | the EFTA and EEA countries: Iceland, Liechtenstein, Norway, |
| --- | --- |

—

the EFTA and EEA countries: Iceland, Liechtenstein, Norway,

| — | the candidate country for EU membership: Bulgaria. |
| --- | --- |

—

the candidate country for EU membership: Bulgaria.

3.   Budget and Duration of projects

The financial assistance from the Commission may in no case exceed 50 % of the total eligible costs.

The maximum duration of the projects is 16 months.

4.   Deadline for submission of applications

Applications must be submitted to the Commission by no later than 17 September 2004.

5.   Full details

The full text of the call for proposals, together with the application forms, can be found at the following Internet address: http://europa.eu.int/comm/avpolicy/media/distr_en.html.

Applications must comply with all the terms of the full text and be submitted on the forms provided.

---
HomeNRC LibraryDocument CollectionsNUREG-Series PublicationsPublications Prepared by NRC Staff

# Preparation of Radiological Effluent Technical Specifications for Nuclear Power Plants: A Guidance Manual for Users of Standard Technical Specifications (NUREG-0133)

On this page:
        - Publication Information
        - Abstract

Download complete document
        - NUREG-0133 (PDF - 5.20 MB)

## Publication Information

**Manuscript Completed:** October 1978**Date Published:** October 1978

J.S. Boegli, R.R. Bellamy, W.L. Britz, R.L. Waterfield

Division of Site Safety and Environmental Analysis Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Availability Notice

## Abstract

This guidance manual provides the NRC staff methodology for calculating parameters for limiting conditions of operation required in the radiological effluent Technical Specifications for light-water-cooled nuclear power plants. It provides guidance in using the model specifications reported in NUREG-0472 (Revision 1)*, and NUREG-0473 (Revision 1)*, applicable to operating PWR and BWR licensees, and users of the Standard Technical Specifications packages available for various vendor designs. The manual addresses the implementation of the Regulations and current NRC Staff positions as related to the radioactive waste management systems, effluent control and radiological monitoring programs and provides equations, references, computer codes, and guidelines pertinent to these limiting conditions for operation.

Page Last Reviewed/Updated Tuesday, March 09, 2021
* 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

June 25, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-20974

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

JOSE MANUEL ALCANTARA-GARCIA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-02-CR-112-1

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

Before DeMOSS, DENNIS, and PRADO, Circuit Judges. 

PER CURIAM:*

 Jose Manuel Alcantara-Garcia appeals the sentence imposed

following his guilty plea conviction of being found in the United

States after deportation/removal in violation of 8 U.S.C. § 1326. 

Alcantara-Garcia complains that his sentence was improperly

enhanced pursuant to 8 U.S.C. § 1326(b) based on a prior

conviction. He argues that the sentencing provision is

unconstitutional. Alcantara-Garcia thus contends that his
No. 02-20974

-2-

sentence should not exceed the maximum terms of imprisonment and

supervised release prescribed in 8 U.S.C. § 1326(a). 

In Almendarez-Torres v. United States, 523 U.S. 224, 235

(1998), the Supreme Court held that the enhanced penalties in

8 U.S.C. § 1326(b) are sentencing provisions, not elements of

separate offenses. The Court further held that the sentencing

provisions do not violate the Due Process Clause. Id. at 239-47. 

Alcantara-Garcia acknowledges that his argument is foreclosed by

Almendarez-Torres, but asserts that the decision has been cast

into doubt by Apprendi v. New Jersey, 530 U.S. 466, 490 (2000). 

He seeks to preserve his argument for further review. 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000). This court must follow Almendarez-Torres

“unless and until the Supreme Court itself determines to overrule

it.” Dabeit, 231 F.3d at 984 (internal quotation marks and

citation omitted). The judgment of the district court is

AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that an appellee’s brief not be required. The motion is GRANTED. 

AFFIRMED; MOTION GRANTED.
<PAGE>   1

                                                                    EXHIBIT 10.6

                       AMENDMENT TO OPERATING AGREEMENT OF
                            MEDCATH OF TUCSON, L.L.C.

         THIS AMENDMENT (the "Amendment") to the Operating Agreement (the
"Operating Agreement") of MedCath of Tucson, L.L.C. (the "Company") is made and
entered pursuant to Section 11.2 of the Operating Agreement.

                                    RECITALS

         WHEREAS, the Members desire to amend the Operating Agreement in
accordance with the terms of this Amendment.

         NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency which is hereby acknowledged, the Members agree as follows:

         1.       The following provision is hereby inserted at the end of
Section 8.4 of the Operating Agreement:

         Notwithstanding anything herein to the contrary, in the event
         that no later than December 31, 2001 MedCath Holdings, Inc.
         ("MHI") or one of MHI's Affiliates conducts an underwritten
         public offering of the common stock of MHI or its Affiliate
         pursuant to an effective registration statement under the
         Securities Act of 1933, as then in effect, and MHI or MHI's
         Affiliate offers shares of its common stock or cash to any
         Member in exchange for such Member's Membership Interest or a
         portion thereof (the "Exchange"), MHI and its Affiliates and
         the Member may, notwithstanding the terms of this Agreement,
         engage in such Exchange upon such terms as the Member and MHI
         or MHI's Affiliate may mutually agree, and the Exchange shall
         not be subject to any restrictions on the transfer of
         Membership Interests or rights of first refusal of the
         Company or of any other Member set forth in this Agreement,
         including, but not limited to, those restrictions set forth
         in this Section 8.4.

         2.       All terms not defined herein shall have the meaning provided
therefor in the Operating Agreement.

         3.       Except as expressly provided herein, all terms and conditions
of the Operating Agreement shall remain in full force and effect.

         4.       This Amendment shall be effective when approved by the Members
in accordance with Section 11.2 of the Operating Agreement

IN WITNESS WHEREOF, the Members have approved and consented to this Amendment as
of the 25th day of April, 2001.