alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 69 (Monday, April 13, 2009)]
[Notices]
[Page 16893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8314]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging Proposed Consent Decree

    In accordance with Departmental Policy, 28 CFR 50.7, notice is 
hereby given that a proposed Consent Decree in United States of America 
v. The Port of Astoria, Oregon, CV 09-197 KI, was lodged with the 
United States District Court for the District of Oregon on March 20, 
2009.
    This proposed Consent Decree concerns a complaint filed by the 
United States against The Port of Astoria pursuant to Section 301(a) of 
the Clean Water Act, 33 U.S.C. 1311(a), to obtain injunctive relief 
from and to impose civil penalties against the Port of Astoria for 
violating the Clean Water Act by discharging pollutants in violation of 
a permit into waters of the United States near Astoria, Oregon. The 
proposed Consent Decree resolves the allegations by requiring the Port 
of Astoria to pay a civil penalty and to hire and retain an 
environmental compliance officer.
    The Department of Justice will accept written comments relating to 
this proposed Consent Decree for thirty (30) days from the date of 
publication of this Notice. Please address comments to Neil J. Evans, 
Assistant United States Attorney, 1000 SW. Third Ave., Suite 600, 
Portland, Oregon, 97204-2902, and refer to United States of America v. 
The Port of Astoria, Oregon (D. Ore.), CV 09-198 KI.
    The proposed Consent Decree may be examined at the Clerk's Office, 
United States District Court for the District of Oregon, Mark O. 
Hatfield U.S. Courthouse, 1000 SW. Third Avenue, Portland, OR 97204-
2902. In addition, the proposed Consent Decree may be viewed at http://www.usdoj.gov/enrd/Consent_Decrees.html.

Russell Young,
Assistant Chief, Environmental Defense Section, Environment & Natural 
Resources Division.
[FR Doc. E9-8314 Filed 4-10-09; 8:45 am]
BILLING CODE
Kevin Schlemmer EAS and Domestic Analysis Division U.S. Department ofTransportation 1200 NewJersey Avenue, SE Washington, D.C. 20590
Dear Mr. Schlemmer: 677 AlaMoana Blvd., Suite 1016 Honolulu, Hawai'i 96816 Thursday, 29 October 2013

I wholeheartedly support Makani Kai Air Charter's bid to continue providing scheduled air service to Kalaupapa on the island ofMoloka'i. I amthe physician who regularly travels to Kalaupapa to serve mypatientsthere. Makani Kai Air Charters has flown me to Moloka'i for years now, first ontheir charters, and for the past 2 years on their scheduled flights, and I have found their service to be excellent andreliable. During the ten years I have servedthe patients there as faculty ofthe University of**Hawai~i** School ofMedicine, I have flown to Kalaupapa with several other companies, and in my opinion Makani Kai Air Charters is the best offering service to that destination. The pilots are professionals and the aircraft are maintained in fine condition. Richard Schuman, the owner ofMakani Kai, is dedicated to excellent customer service, and that philosophy is evident inthe company's daily operations. This fine company should receive your every consideration for providing essential air service to Kalaupapa.
Thank you for your time and attention! Sincerely,

S. KalaniBrady, MD, MPH, FACP Associate Professor, Department ofNative HawaiianHealth Department ofMedicine University ofHawai'i John A. Burns School ofMedicine ..-.l-_

..._,.-·- ' : ... ;··
**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 U.S. Shipping Partners L.P. (the “Partnership”) on Form 10-K for the fiscal year ended December 31, 2006 as filed with the Securities and Exchange Commission (the “Report”), I, Paul B. Gridley, Chairman and Chief Executive Officer of US Shipping General Partner LLC, the general partner of the Partnership, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

          (i) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and (ii) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Partnership.

|   | /s/ Paul B.   Gridley                  |
|--------|----------------------------------------|
|   |                                        |
|   | Paul B. Gridley                        |
|   | Chairman and Chief   Executive Officer |
|   | March 16, 2007                         |

          A signed original of this written statement required by Section 906 has been provided to U.S. Shipping Partners L.P. and will be retained by U.S. Shipping Partners L.P. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 21.1
 List of Subsidiaries
  Wayfast Holdings Limited (British Virgin Island)
 
 Gracemind Holdings Limited (British Virgin Island)
 
 Man State Holdings Limited (British Virgin Island)
 
 Clever Advance Limited (Hongkong, China)
 
 Treasure Asia Holdings Limited (Hongkong, China)
 
 Success Hill Limited (Hongkong, China)
 
 Xi’an Tsining Housing Development Co., Ltd. (Xi’an, China)
 
 Xi’an New Land Development Co., Ltd. (Xi’an, China)
 
 Puhua (Xi’an) Real Estate Development Co., Ltd. (Xi’an, China)
 
 Xi’an Xinxing Property Management Co., Ltd. (Xi’an, China)
 
 Suodi Co., Ltd (Xi’an, China)
 
 Xinxing Fangzhou Housing Development Co., Ltd
 
 Xinxing Construction Co., Ltd
---

Exhibit 15

CONSENT

Each of the undersigned hereby consents to the use of its name
and references to, and the use of information derived from, the technical report
dated September 10, 2009 entitled Pampa El Toro Mineral Resource Technical
Report in the following documents, which are being filed as exhibits to and
incorporated by reference into the annual report on Form 40-F of Cardero
Resource Corp. (the Company) being filed with the United States Securities and
Exchange Commission and which is being incorporated by reference into the
registration statement on Form S-8 (No. 333-151385) of the Company:

| | 1. | The Companys annual information form for the fiscal year ended
      October 31, 2010; and         
| | -- | ----------------------------------------------------------------------------------------------------
| |    |                                                                                                     
| | 2. | The Companys managements discussion and analysis for the fiscal year
      ended October 31, 2010.

|                                               |                         
|---------------------------------------------- | ------------------------
|                                               |                         
|DATED January 28, 2011                         |                         
|                                               |                         
|SRK Consulting (South Africa) (Pty) Ltd.       | (signed) Mark D. Wanless
|                                               | Mark D. Wanless         
|Per: (signed) Mark D. Wanless                  |                         
|Name: Mark D. Wanless                          |                         
|Title: Associate Partner & Principal Geologist |                         

---
exv10w9





Exhibit 10.9




			
	 

	
	 	D’Anne Hurd

Vice President and General Counsel

Vice President for Business Development at Gateway Park

100 Institute Road • Worcester, MA 01609-2280

Phone: 508 831-5072 • Fax: 508 831-6530

e-mail: dhurd@wpi.edu





August 28, 2008




Tod Woolf, Ph.D.

RXi Pharmaceuticals Corporation

60 Prescott St.

Worcester, MA 01609





	Subject:	 	RXi Pharmaceuticals/Newgate Properties Lease Amendment




Dear Tod,



Per the discussions with Eric Overstrom, Director of the WPI Life Sciences and Bioengineering
Center (Newgate Properties, LLC), this letter is to serve as an amendment to the Lease between RXi
Pharmaceuticals Corporation and Newgate Properties, LLC dated September 25, 2007.



Beginning September 1, 2008, RXi Pharmaceuticals Corporation agrees to add to their premises the
Option Space shown in Exhibit D of the existing Lease. The addition of the Option Space to the
current Lease will occur in two stages under the following terms:





	 	•	 	Lease of room GP3208, containing 240 square feet of usable laboratory space, will
commence on September 1, 2008. Per the existing Lease terms, the rent will increase by a
rate of $34.00 per square foot per annum for a total rent increase of $680.00 per month.
Therefore, total monthly basic rent will be $15,716.50 beginning September 1, 2008 until
further notice.
	 
	 	•	 	In addition to the above, lease of the western most lab pod on 3rd floor
containing 610 usable square feet of laboratory space (the remaining 3rd floor
option space in shown in Exhibit D) will commence at a later date with at least 60 days
prior notice. Shared access to GP3238 is also provided. Per the existing Lease terms, the
rent will increase by a rate of $34.00 per square foot per annum ($1,728.33 per month).
Total monthly basic rent will be $17,444.33 beginning 60 days after notice, effective
through the remainder of the Lease term.




1









 










By signing this letter, we agree to the above terms.




	 	 	 	 	 
	 	Very truly yours,



LANDLORD:

Newgate Properties, LLC

 	 
	 	By:  	/s/ Jeffrey Solomon
 	 
	 	 	Jeffrey Solomon; Executive Vice President and CFO 	 
	 	 	Worcester Polytechnic Institute 	 
	 



TENANT:

RXi Pharmaceuticals Corporation

Acknowledged and Agreed to as of this 5th day of September, 2008.




	 	 	 	 	 
	 	 	 
	 	By:  	/s/ Tod Woolf
 	 
	 	 	Tod Woolf, Ph.D., President and CEO 	 
	 	 	RXi Pharmaceuticals Corporation 	 
	 




2
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<ARTICLE>                     5

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<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   JUN-30-1999
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<SECURITIES>                                           0
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</TABLE>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF K. A. C., K. C.

M. C., AND E. C., CHILDREN

,

Appellant

. §

§

§

§

§

§

§ No. 08

- 1 8

- 00 218

- C V

Appeal from the

65 th District Court

of El Paso C ounty, Texas

(TC# 2017DCM2545 )

O R D E R

In order to protect the identity of the minor child who is t he subject of this appeal, the Court

has determined on its own motion that it is necessary to identify the children by their i nitials, K.

A. C., K. C., M. C., and E. C.

, and the parent by i nitials as well, in all papers submitted to the

Court, including letters, motions, and briefs. See Tex.R.App.P. 9..8. The Court will also refer to

the children a nd parent by their initials in correspondence, orders, and in its opinion and judgment.

IT IS SO ORDERED this 7 th d ay of December

, 20 1 8

.

PER CURIAM

Before McClure , C.J., R odriguez and Palafox , JJ.
Exhibit
32.1





Certification
of Chief Executive Officer


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 Axion International Holdings, Inc. (the
“Company”) on Form 10-Q/A for the quarter ended March 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, James
Kerstein, Chief Executive Officer of the Company, certify, 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.





/s/
      James KersteinJames
      KersteinChief
      Executive Officer




February
22, 2010
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

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<PERIOD-TYPE>                   9-MOS
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<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           2,429
<SECURITIES>                                         0
<RECEIVABLES>                                   74,996
<ALLOWANCES>                                     (600)
<INVENTORY>                                    190,591
<CURRENT-ASSETS>                               273,542
<PP&E>                                         495,411
<DEPRECIATION>                               (230,392)
<TOTAL-ASSETS>                                 578,440
<CURRENT-LIABILITIES>                           66,607
<BONDS>                                        242,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     30,000
<COMMON>                                        10,000
<OTHER-SE>                                     196,635
<TOTAL-LIABILITY-AND-EQUITY>                   578,440
<SALES>                                        570,988
<TOTAL-REVENUES>                               570,988
<CGS>                                          477,586
<TOTAL-COSTS>                                  501,655
<OTHER-EXPENSES>                               (2,418)
<LOSS-PROVISION>                                   300
<INTEREST-EXPENSE>                              13,620
<INCOME-PRETAX>                                 58,131
<INCOME-TAX>                                    23,561
<INCOME-CONTINUING>                             34,570
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    34,570
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
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 Panoshan Marketing Corp., (the
"Company") on Form 20-F for the period ending June 30, 2008, and as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, David J. Berardo, Director, Chief Executive Officer and Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted
pursuant to ss.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 results of operations of the
Company.




Date:
      January 13, 2009
                By:
                /s/David
      J. BerardoName:
      David J. BerardoTitle:
      Chief Executive Officer and Chief Financial Officer
1 Larry G. Massanari has been appointed to serve as Acting Commissioner of

Social Security, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c)(2). 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 00-2515

___________ Belva J. Vaughn, * * Appellant, * * v. * Appeal from the United States * District Court for the Eastern Larry G. Massanari, 1 Acting * District of Arkansas. Commissioner of Social Security * Administration, * [UNPUBLISHED] * Appellee. *

___________ Submitted: June 7, 2001 Filed: June 15, 2001

___________ Before HANSEN, MORRIS SHEPPARD ARNOLD, and BYE, Circuit Judges.

___________ PER CURIAM.2 The Honorable Henry L. Jones, Jr., United States Magistrate Judge for the

Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). -2- Belva Vaughn appeals the district court’s 2 order affirming the Commissioner’s terminationof Vaughn’s supplemental security income benefits, which had been awarded in part because of her alcoholism. Having carefully reviewed the record and the parties’ briefs, we conclude substantial evidence supported the Commissioner’s decisionto end the benefits. See 42 U.S.C. § 423(d)(2)(C) (individual shall not be considereddisabled for purposes of this subchapter if alcoholism would be contributing factor material to Commissioner’s determination that individual is disabled); 20 C.F.R. § 416.935(b)(1) (2001) (“key factor” in determining whether alcoholism is material to d etermination of disability is whether claimant would still be found disabled if she sto pped using alcohol); Pettit v. Apfel , 218 F.3d 901, 903 (8th Cir. 2000) (claimant who is no longer using alcohol still has initial burden of showing that remaining imp airments are disabling); Rehder v. Apfel , 205 F.3d 1056, 1059 (8th Cir. 2000) (standardof review). Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47B. A true copy.
Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Michael Alan TANKERSLEY v. Melita Elizabeth TANKERSLEY

2150481

Court of Civil Appeals of Alabama.

March 10, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
#### Babak Rafiei KARKOOND, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

No. 02-70391.

INS No. [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

Argued Feb. 7, 2003.

Submitted May 14, 2004.

Decided May 18, 2004.

Roni P. Deutsch, Encino, CA, for Petitioner.

Regional Counsel, Western Region, Immigration '& Naturalization Service, Laguna Niguel, CA, CAC — District Counsel, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Richard M. Evans, David Dauenheimer, DOJ — U.S. Department of Justice, Washington, DC, for Respondent.

Before HALL, THOMPSON, and BERZON, Circuit Judges.

MEMORANDUM*

Babak Rafiei Karkoond appeals the Board of Immigration Appeals’ (BIA) dis*180missal from the Immigration Judge’s (IJ) denial of his motion to reopen his case after he was ordered removed at an in absentia hearing

Karkoond first argues that the BIA abused its discretion and violated due process by issuing a brief per curiam ruling that did not explicitly indicate that it had fully considered the facts in Karkoond’s ease. We have held that the BIA can adopt the IJ’s decision as its own. *Alaelua v. INS,*45 F.3d 1379, 1382 (9th Cir. 1995). The BIA did not abuse its discretion or violate due process by issuing an opinion that expresses agreement with the IJ’s conclusions and reasoning.

Karkoond also asserts that the IJ abused her discretion in denying his motion to reopen when she found that his older brother’s failure to maintain contact with Karkoond’s attorney did not constitute “exceptional circumstances” meriting the reopening of his case under Immigration and Nationality Act (INA) § 240(b)(5)(C)(i), 8 U.S.C. § 1229a(b)(5)(C)(i). The INA defines “exceptional circumstances” as “exceptional circumstances (such as serious illness of the alien or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien.” 8 U.S.C. § 1229a(e). Karkoond has not shown that his nonappearance at his removal hearing was due to circumstances beyond any control he might have exercised in the situation. Karkoond has not demonstrated that he exercised minimal diligence with regard to keeping track of his immigration proceedings. *See, e.g., In re J-P,*22 I & N Dec. 33, 36 (BIA 1998) (lack of diligence in attempting to avoid an in absentia deportation order is “a factor that undercuts” alien’s claim of exceptional circumstances). The IJ did not therefore abuse her discretion in denying Karkoond’s motion to reopen.

PETITION DENIED.

*

 This disposition is not appropriate for publication and may not be cited to or by the courts *180of this circuit except as provided by Ninth Circuit Rule 36-3.