alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016078EN.01000201.xml

| 29.2.2016 | EN | Official Journal of the European Union | C 78/2 |
| --- | --- | --- | --- |

29.2.2016

EN

Official Journal of the European Union

C 78/2

---

Order of the Court of 17 December 2015 (request for a preliminary ruling from the Finanzgericht Hamburg — Germany) — YARA Brunsbüttel GmbH v Hauptzollamt Itzehoe

(Case C-529/14) (1)

1

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 2003/96/EC - Taxation of energy products and electricity - Article 2(4)(b) - Dual use of energy products - Concept - Energy product used for the heat treatment of waste and exhaust gases))

(2016/C 078/02)

Language of the case: German

Referring court

Referring court

Finanzgericht Hamburg

Parties to the main proceedings

Parties to the main proceedings

Applicant: YARA Brunsbüttel GmbH

Applicant:

Defendant: Hauptzollamt Itzehoe

Defendant:

Operative part of the order

Operative part of the order

Article 2(4)(b) of Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, as amended by Council Directive 2004/75/EC of 29 April 2004, must be interpreted as meaning that the natural gas used, first, for superheating and drying steam which is then used in the ammonia production process and, secondly, for the thermal decomposition and drawing off of residual gases created by that process, does not constitute, for the purpose of that provision, an energy product that has a dual use to which that directive does not apply. Consequently, the Member States may grant a tax exemption for the use of such an energy product only in so far as that exemption complies with the obligations laid down in Directive 2003/96, as amended by Directive 2004/75.

---

(1)  OJ C 65, 23.2.2015

1

---
No. 10-7395.

#### Michael Allen, Petitioner v. Bill McCollum, Attorney General of Florida, et al.

562 U.S. 1153, 131 S. Ct. 941,

178 L. Ed. 2d 780,

2011 U.S. LEXIS 514.

January 10, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
#### *Doty, Petitioner, v. Dep’t of Labor & Indus. et al., Respondents,*

No. 91561-0.

Petition for review of a decision of the Court of Appeals, No. 72021-0-1, February 17, 2015, 17,2015,185 185 Wn. App. 1057. *Denied*September 30, 2015.
No. 10M60.

#### Kenneth J. Walsh, Petitioner v. Eugene Patitucci.

562 U.S. 1175, 131 S. Ct. 1035,

178 L. Ed. 2d 822,

2011 U.S. LEXIS 839.

January 18, 2011.

Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.
<PAGE>

                                  EXHIBIT 99.2

                   CERTIFICATE OF THE CHIEF FINANCIAL OFFICER
                                   OF ELKCORP

         Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.ss.
1350):

         I, Harold R. Beattie, Jr., Chief Financial Officer of ElkCorp, certify
to my knowledge and belief pursuant to Section 906 of Sarbanes-Oxley Act of 2002
(18 U.S.C.ss. 1350) that:

         (1)      The Annual Report on Form 10-K for the period ended June 30,
                  2002, which this statement accompanies, 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 Annual Report on Form 10-K
                  fairly presents, in all material respects, the financial
                  condition and result of operations of ElkCorp.

Dated:  September 26, 2002
                                            By /s/ Harold R. Beattie, Jr.
                                               ---------------------------------
                                                   Harold R. Beattie, Jr.
                                                   Chief Financial Officer
No. 10-5208.

#### Jerry Marshall, Jr., Petitioner v. Jeffrey A. Beard, Secretary, Pennsylvania Department of Corrections, et al.

562 U.S. 1111, 131 S. Ct. 819,

2010 U.S. LEXIS 9691.

178 L. Ed. 2d 560,

December 13, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
Exhibit 32.2
Form 10-QSB
Viking Systems, Inc.
File No. 000-49636

                            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  Quarterly  Report of Viking  Systems,  Inc.  (the
"Company")  on Form 10-Q for the quarter  ended March 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Dennis
Blomquist,  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 my knowledge:

     (1) the Report fully  complies  with the  requirements  of Section 13(a) or
15(d)of the Securities Exchange Act of 1934; and

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

Dated:  January 8, 2004



/s/ Dennis Blomquist
Chief Financial Officer
No. 10-8051.

#### Dario Osorio-Norena, Petitioner v. United States.

562 U.S. 1206, 131 S. Ct. 1057,

178 L. Ed. 2d 874,

2011 U.S. LEXIS 952.

January 24, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.
No. 10-58.

#### Mark Edw. Andrews, Petitioner v. D. Douglas Howard, Jr.

562 U.S. 1044, 131 S. Ct. 595,

178 L. Ed. 2d 434,

2010 U.S. LEXIS 8993.

November 15, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 599 F.3d 455.
# Bautista-Lucio selected as DLA Distribution Sigonella deputy 

/ Published Aug. 1, 2016
SIGONELLA, Italy, 
Susan Bautista-Lucio has been selected to serve as the deputy commander of DLA Distribution Sigonella, Italy.  

Born in Manila and raised in Baguio City, Philippines, she graduated with a Bachelor of Science in Electronics and Communications Engineering from Saint Louis University in Baguio City, and earned her engineering licensure in 1992. She holds certifications in Lean Six Sigma and Life Cycle Logistics. 

She joined the Defense Logistics Agency in June 2006 as an information technology technician. She also served as the distribution facilities manager for DLA Distribution Puget Sound, Wash., from 2008 to 2011. Prior to becoming the deputy commander, she was the accountable officer for DLA Distribution Sigonella, Italy.  She also served as the radiation protection officer and quality assurance officer during that time.

Her civilian awards include the DLA Meritorious Civilian Service Award and two Superior Civilian Service medals.  She was nominated for the Jerry R. Taylor Award and was instrumental in making DLA Distribution Sigonella, Italy, the Michael Yost Medium-sized Distribution Center of the Year.

Officially activated on April 1, 2004, DLA Distribution Sigonella, Italy, was established to provide forward stock positioning support and enhanced physical distribution services in conjunction with an expanding regional customer base. Collocated on Naval Air Station, Sigonella, DLA Distribution Sigonella, Italy's, primary customers currently include the Aviation Support Division, Aviation Intermediate Maintenance Division, and Navy ships and squadrons operating in the Mediterranean region.
#### *State, Respondent, v. Perez Gutierrez, Petitioner,*

No. 92228-4.

Petition for review of a decision of the Court of Appeals, No. 45487-4-II, August 4, 2015, 4,2015,189 189 Wn. App. 1020. *Denied*February 10, 2016.
<PAGE>



                                  EXHIBIT 10.1

                SECOND EXTENSION OF EXECUTIVE EMPLOYMENT CONTRACT

         THIS SECOND EXTENSION OF EXECUTIVE EMPLOYMENT CONTRACT (this
"Extension") is made as of the 9th day of December, 2004, by and between R. G.
BARRY CORPORATION, an Ohio corporation having its principal place of business
located at 13405 Yarmouth Road, N.W., Pickerington, Ohio 43147 (the "Company"),
and THOMAS M. VON LEHMAN, an individual having an address of 223 Fourth Avenue,
Suite 1700, Pittsburgh, Pennsylvania 15222 (the "Executive").

                                   WITNESSETH:

         WHEREAS, the Company and the Executive are parties to an Executive
Employment Contract dated March 10, 2004, as amended by that certain Amendment
to Executive Employment Contract dated March 29, 2004 and that certain Extension
of Executive Employment Contract dated September 9, 2004 (as amended, the
"Employment Agreement"); and

         WHEREAS, pursuant to Section 1(a) of the Employment Agreement, the
Company and the Executive desire to extend the Term of the Employment Agreement
for a three-month period ending on March 9, 2005;

         NOW, THEREFORE, in consideration of the mutual covenants of the parties
expressed in this Extension, the parties agree as follows, each intending to be
legally bound hereby:

         1. All capitalized terms used in this Extension without definition have
the meanings given to them in the Employment Agreement.

         2. The Term of the Employment Agreement is hereby extended for a period
of three months, ending on March 9, 2005.

         3. Except as otherwise provided herein, the Employment Agreement shall
remain in full force and effect.

         IN WITNESS WHEREOF, this Extension has been duly executed on behalf of
the Company and by the Executive as of the date first above written.

EXECUTIVE:                                  COMPANY:

                                            R. G. BARRY CORPORATION

/s/ Thomas M. Von Lehman                    By: /s/ Daniel D. Viren
------------------------                        -----------------------------
Thomas M. Von Lehman                            Daniel D. Viren
                                                Senior Vice President - Finance,
                                                Chief Financial Officer,
                                                Secretary and Treasurer
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[Federal Register Volume 63, Number 130 (Wednesday, July 8, 1998)]
[Proposed Rules]
[Page 36871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18081]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[MT-001-0004b; FRL-6122-3]


Approval and Promulgation of State Plans for Designated 
Facilities and Pollutants; Montana; Control of Landfill Gas Emissions 
From Existing Municipal Solid Waste Landfills

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA is proposing to approve the Montana plan and its 
associated regulations for implementing the Municipal Solid Waste (MSW) 
Landfill Emission Guidelines at 40 CFR part 60, subpart Cc, which were 
required pursuant to section 111(d) of the Clean Air Act (Act). The 
State's plan, which was submitted to EPA on July 2, 1997, establishes 
performance standards for existing MSW landfills and provides for the 
implementation and enforcement of those standards.
    In the Final Rules section of this Federal Register, the EPA is 
approving the State's submittal in a direct final rule without prior 
proposal because the Agency views this as a noncontroversial action and 
anticipates no adverse comments. A detailed rationale for the approval 
is set forth in the direct final rule. If no adverse comments are 
received in response to the direct final rule, no further activity is 
contemplated. If EPA receives adverse comments, the direct final rule 
will be withdrawn and all public comments received will be addressed in 
a subsequent final rule based on this proposed rule. EPA will not 
institute a second comment period on this action. Any parties 
interested in commenting on this action should do so at this time.

DATES: Comments must be received in writing on or before August 7, 
1998.

ADDRESSES: Written comments on this action may be mailed to Vicki 
Stamper, 8P2-A, at the EPA Region VIII Office listed. Copies of the 
documents relevant to this proposed rule are available for public 
inspection during normal business hours at the Air Program, 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado 80202-2466. Copies of the State documents 
relevant to this proposed rule are available for public inspection at 
the Montana Department of Environmental Quality, 1520 East 6th Avenue, 
P.O. Box 200901, Helena, Montana 59620-0901.

FOR FURTHER INFORMATION CONTACT: Vicki Stamper, EPA Region VIII, (303) 
312-6445.

SUPPLEMENTARY INFORMATION: See the information provided in the Direct 
Final action of the same title which is located in the Rules and 
Regulations Section of this Federal Register.

    Dated: June 29, 1998.
Jack W. McGraw,
Acting Regional Administrator, Region VIII.
[FR Doc. 98-18081 Filed 7-7-98; 8:45 am]
BILLING CODE 6560-50-P
No. 10-6756.

#### DeAaron Fields, Petitioner v. West Virginia.

562 U.S. 1202, 131 S. Ct. 1044,

178 L. Ed. 2d 867,

2011 U.S. LEXIS 940.

January 24, 2011.

Petition for writ of certiorari to the Supreme Court of Appeals of West Virginia denied.

Same case below, 225 W. Va. 753, 696 S.E.2d 269.
No. 10-6101.

#### In re Alfredo Sancho, Petitioner.

562 U.S. 1173, 131 S. Ct. 987,

178 L. Ed. 2d 816,

2011 U.S. LEXIS 271.

January 10, 2011.

Petition for rehearing denied.

Former decision, 562 U.S. 1001, 131 S. Ct. 516, 178 L. Ed. 2d 409, 2010 U.S. LEXIS 8455.
Local Agreement – Article 21 Overtime Assignments

BETWEEN

DLA Distribution (collectively) including: San Diego, CA; Jacksonville, FL; Tobyhanna, PA; 

Barstow, CA; Albany, GA; Anniston, AL; Corpus Christi, TX

AND

American Federation of Government Employees (AFGE), Council 169

Section 1: General 

A. Article 21 Overtime Assignments Section 3(I) and Section 4(B) of the Master Labor 

Agreement (MLA) between DLA and AFGE C169 allow for overtime procedures and 

rostering procedures not specifically negotiated in Article 21 to be locally negotiated at 

each site. Accordingly, the parties agree to the overtime and rostering procedures set 

forth below. 

Section 2: Overtime and Rostering Procedures 

A. An overtime roster will be established and maintained for each work area. The roster will 

include the name of each employee in seniority order according to service computation 

date and pay plan, series, grade, and work area. Sign-up sheets will be made available to 

employees as soon as an overtime requirement is identified. Once overtime is approved, 

a roster showing who was selected for overtime will be posted/published and sent to the 

local union.

1. Normally, planned overtime will be scheduled at least 24 hours in advance 

based on workload. Overtime roster will be posted when the need arises and 

will remain posted for a minimum of two (2) days, except when the need for 

overtime was unforeseen and mission requires less notice. 

2. Same-day overtime will apply to employees on duty when the work is to be 

accomplished.

B. Voluntary Overtime 

1. Qualified volunteers will be selected for overtime in seniority order. The cutoff point for each solicitation will be recorded, identifying the last employee 

on the roster who was solicited for overtime. The next overtime solicitation 

will begin at the cut-off point with the next most senior employee on the 

roster receiving the first offer.

2. The Employer will not be obligated to contact and solicit an employee who is 

in a non-duty status (leave or regular day off) unless the employee has 

previously indicated their availability for voluntary overtime on that date.

C. Tie Breaker

1. In the event of a tie in SCD, the tie breaker will be a blind draw.

Section 3: Overtime Absenteeism
A. Once an overtime roster is approved and posted, the employee is considered scheduled to 

work the overtime and the employee is expected to report to work.

B. An employee who fails to report for his/her scheduled overtime and does not utilize the 

established overtime call-off procedures will be temporarily removed from the overtime 

roster for a period of twenty-eight (28) calendar days.

For the Union: For the Agency:

_________________________ ______________________________

RANDOLPH ELLIOTT JOE ARNOLD

Executive Vice President, AFGE Council 169 Director, DLA Distribution Warner Robins
September 25, 2014

JUDGMENT

The Fourteenth Court of Appeals

EDDIE LEE HARRIS, Appellant

NO. 14-14-00694-CR V.

THE STATE OF TEXAS, Appellee

________________________________

This cause was heard on the transcript of the record of the court below. The 

record indicates that the appeal should be DISMISSED. The Court orders the 

appeal DISMISSED in accordance with its opinion.

We further order appellant pay all costs expended in the appeal.

We further order this decision certified below for observance.
[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Notices]
[Page 34632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16868]


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

DEPARTMENT OF COMMERCE


Submission for OMB Review; Comment Request

    The Department of Commerce (DOC) has submitted to the Office of 
Management and Budget (OMB) for clearance the following proposal for 
collection of information under the provisions of the Paperwork 
Reduction Act (44 U.S.C. Chapter 35).
    Agency: National Oceanic and Atmospheric Administration (NOAA).
    Title: Pacific Albacore Logbook.
    Agency Form Number: None.
    OMB Approval Number: 0648-0223.
    Type of Request: Revision of a currently approved collection.
    Burden: 200 hours.
    Number of Respondents: 100 with two responses each.
    Avg. Hours Per Response: One hour.
    Needs and Uses: Fishermen participating in the Pacific albacore 
tuna fishery are requested to complete and submit a logbook on their 
catch and effort. In addition, persons holding permits under the High 
Seas Fishing Compliance Act will be required to submit such logbooks. 
The collected information will be used by the National Marine Fisheries 
Service to assess the status of Pacific albacore stocks and monitor the 
fishery.
    Affected Public: Businesses or other for-profit organizations.
    Frequency: Annually.
    Respondent's Obligation: Mandatory.
    OMB Desk Officer: David Rostker, (202) 395-3897.
    Copies of the above information collection proposal can be obtained 
by calling or writing Linda Engelmeier, DOC Forms Clearance Officer, 
(202) 482-3272, Department of Commerce, Room 5327, 14th and 
Constitution Avenue, NW, Washington, DC 20230.
    Written comments and recommendations for the proposed information 
collection should be sent to David Rostker, OMB Desk Officer, Room 
10202, New Executive Office Building, 725 17th Street, NW, Washington, 
DC 20503.

    Dated: June 18, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 98-16868 Filed 6-24-98; 8:45 am]
BILLING CODE 3510-22-P