alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 2.213 What role does the decision-maker have in the appeal process? ( a ) The decision-maker is responsible for: ( 1 ) Compiling the administrative record;
( 2 ) Sending the administrative record to the reviewing official within 20 days of the decision-maker's receipt of the Notice of Appeal; and
( 3 ) Making available a copy of the administrative record for review by interested parties. When the decision-maker transmits the administrative record to the reviewing official, the decision-maker shall transmit to the interested parties a copy of the table of contents of the administrative record. Interested parties may view the administrative record at the office of the decision-maker. Interested parties may request copies of all or part of the administrative record. Where reproduction and transmission of the administrative record imposes costs on BIA exceeding $50, BIA may charge the requestor for those costs. BIA shall not incur such costs without the requestor's approval. The decision-maker shall respond to requests for documents in the administrative record within 30 days of receipt of the request, either by providing the requested documents or identifying a date by which the documents shall be provided. The decision-maker shall redact the documents provided to the requestor as required by law (*e.g.,* the Privacy Act). The decision-maker may withhold information in the administrative record, invoking privileges available in civil litigation; such withholding being subject to judicial review. Provision of documents in the administrative record to an interested party under this part is not governed by the Freedom of Information Act. Failure of a decision-maker to respond to a request for documents under this section may be appealed as provided in subpart F of this part.
( b ) If a decision-maker believes that a compacting or contracting Tribe possesses Federal records that are relevant to the analysis of the appeal, the decision-maker may request that the Tribe produce the documents. Within two weeks of receiving the decision-maker's request, the Tribe shall either provide the requested documents to the decision-maker or explain why it is not providing the documents. This section does not apply to Tribal records. See 25 U.S.C. 5329(b).
( c ) The decision-maker may file a response to the statement of reasons.
List of Attendees for Atlanta SO2 NAAQS Public Hearing – January 5, 2010

Name Affiliation Address Telephone E-Mail Address

Howard Schmidt EPA R3 1650 Arch St.

Philadelphia, PA 19103

215-814-

2133

schmidt.howard@epa.gov

Maria Zufall Georgia Pacific 133 Peachtree St.

Atlanta, GA 30303

404-652-

7256

maria.zufall@gapac.com

Hope Moorer Georgia Ports PO Box 2406

Savannah, GA 31402

912-964-

3883

hmoorer@gaports.com

Jane Spann EPA R4 61 Forsyth St.

Atlanta, GA 30303

404-562-

9029

spann.jane@epa.gov

Stacy Harder EPA R4 61 Forsyth St.

Atlanta, GA 30303

Rick Gillam EPA R4 61 Forsyth St.

Atlanta, GA 30303

404-562-

9049

gillam.rick@epa.gov

Michiko Kono EPA R4 61 Forsyth St.

Atlanta, GA 30303

Todd Rinck EPA R4 61 Forsyth St.

Atlanta, GA 30303

Darren Palmer EPA R4 61 Forsyth St.

Atlanta, GA 30303

Daniel Garver EPA R4 61 Forsyth St.

Atlanta, GA 30303

Rosa Chi Georgia Power 241 Ralph McGill Blvd.

Atlanta, GA 30312

404-506-

3123

trchi@southernco.com

Frank Redmond Sen. Johnny Isakson’s 

Office

3625 Cumberland Blvd.

Ste. 970

Atlanta, GA 30339

404-313-

3145

frank_redmond@isakson.senate.

gov

June Deen ALA 2452 Spring Rd.

Smyrna, GA 30080

770-434-

5864

jdeen@lungga.org

Tommy Flynn SC DHEC 2600 Bull St

Columbia, SC 29201

863-898-

3251

flynntj@dhec.sc.gov

AFTER LUNCH

Steven Scofield EPA R4 61 Forsyth St.

Atlanta, GA 30303

404-562-

9034

scofield.steve@epa.gov

Twunjala Bradley EPA R4 61 Forsyth St.

Atlanta, GA 30303

404-562-

9352

bradley.twanjala@epa.gov

Douglas Fulle Oglethorpe Power 2100 East Exchange Pl.

Tucker, GA 30084

770-270-

7166

doug.fulle@opc.com

Christine Greene
#### § 100.85 Legal or accounting services to political party committees.

Legal or accounting services rendered to or on behalf of any political committee of a political party are not contributions if the person paying for such services is the regular employer of the individual rendering the services and such services are not attributable to activities that directly further the election of any designated candidate for Federal office. For purposes of this section, a partnership shall be deemed to be the regular employer of a partner. Amounts paid by the regular employer for such services shall be reported by the committee receiving such services in accordance with 11 CFR 104.3(h).
§ 115.203 Audit contents and findings. ( a ) Each audit shall include a certification by the auditor that no conflict of interest exists with respect to his or her ability to conduct an audit of the facility under review.
( b ) Audit reports shall state whether facility policies and procedures comply with relevant standards.
( c ) For each of these standards, the auditor shall determine whether the audited facility reaches one of the following findings: Exceeds Standard (substantially exceeds requirement of standard); Meets Standard (substantial compliance; complies in all material ways with the standard for the relevant review period); Does Not Meet Standard (requires corrective action). The audit summary shall indicate, among other things, the number of provisions the facility has achieved at each grade level.
( d ) Audit reports shall describe the methodology, sampling sizes, and basis for the auditor's conclusions with regard to each standard provision for each audited facility, and shall include recommendations for any required corrective action.
( e ) Auditors shall redact any personally identifiable detainee or staff information from their reports, but shall provide such information to the agency upon request.
( f ) The agency shall ensure that the auditor's final report is published on the agency's Web site if it has one, or is otherwise made readily available to the public. The agency shall redact any sensitive but unclassified information (including law enforcement sensitive information) prior to providing such reports publicly.
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.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-30812

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

ABE JYLES,

Defendant-Appellant

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 2:06-CR-49-1

Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges.

PER CURIAM:*

Abe Jyles appeals his mandatory minimum 20-year sentence for

distributing 50 grams or more of cocaine base as a repeat offender under

21 U.S.C. §§ 841(b)(1)(A) and 851. He asserts that the Government failed to

prove its allegation that he previously was convicted of possession of heroin. The

Government provided evidence that Jyles’s fingerprints matched those of the

certified fingerprint card created by the New Orleans Police Department at the

United States Court of Appeals

Fifth Circuit

F I L E D

July 9, 2009

Charles R. Fulbruge III

Clerk
No. 08-30812

2

time of the heroin arrest and that the identifying information on both the

fingerprint card and the arrest register for the offense corresponded to the

information on the certified copy of the heroin conviction. Jyles even admitted

that he was the person who was arrested for the heroin offense.

Nevertheless, Jyles denies that he was the person claiming to be Abe Jyles

who pleaded guilty to the offense and was sentenced by the state court. He

relies upon the existence of someone else’s fingerprints on the reverse side of a

copy of the arrest register for the heroin offense, as well as on the reverse side

of an arrest register for a state cocaine offense in his name. He suggests that

someone else was willing to face the charges for him because “someone other

than this Abe Jyles chose to have his fingerprints put on the arrest registers for

each of the crimes, and that using either aliases or another person’s identity is

common both when committing crimes or answering their commission.”

The evidence was sufficient to establish Jyles’s identity as the subject of

the prior heroin conviction. See United States v. Lampton, 158 F.3d 251, 260

(5th Cir. 1998). We reject his theory that the errant fingerprints on copies of the

arrest registers created reasonable doubt that he was convicted of the heroin

offense. It is undisputed that it was Jyles who was arrested for the heroin

offense. Testimony established that, in Orleans Parish, fingerprints were added

to arrest registers a short time after the initial booking in a separate part of the

booking facility. The only reasonable inference from the presence of someone

else’s fingerprints on the arrest register was that a clerical error occurred. The

fingerprints on the arrest documentation do not create a reasonable inference

that someone other than Jyles showed up on a later date for his rearraignment

and pleaded guilty in his place.

AFFIRMED.
### §2277a–13. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 92–181, title V, §5.64, as added Pub. L. 100–233, title III, §302, Jan. 6, 1988, 101 Stat. 1619, which required the Farm Credit System Insurance Corporation to submit an annual report to Congress on the operations of the Corporation, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 167 of House Document No. 103–7.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001062363
<NAME> Renaissance Media
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           8,901
<SECURITIES>                                         0
<RECEIVABLES>                                    1,359
<ALLOWANCES>                                        76
<INVENTORY>                                          0
<CURRENT-ASSETS>                                10,565
<PP&E>                                          74,435
<DEPRECIATION>                                   9,841
<TOTAL-ASSETS>                                 314,259
<CURRENT-LIABILITIES>                            9,966
<BONDS>                                        110,003
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      92,566
<TOTAL-LIABILITY-AND-EQUITY>                   314,259
<SALES>                                         15,254
<TOTAL-REVENUES>                                15,254
<CGS>                                            4,596
<TOTAL-COSTS>                                   13,544
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               4,797
<INCOME-PRETAX>                                (2,997)
<INCOME-TAX>                                        58
<INCOME-CONTINUING>                            (3,055)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (3,055)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
§ 25.10 Confidentiality and protection of Intellectual Property. ( a ) *General.* The Secretary, in consultation with the Office of Management and Budget and appropriate Federal law enforcement and intelligence officials, and in a manner consistent with existing protections for sensitive or classified information, shall establish confidentiality procedures for safeguarding, maintenance and use of information submitted to the Department under this part. Such protocols shall, among other things, ensure that the Department will utilize all appropriate exemptions from the Freedom of Information Act.
( b ) *Non-disclosure.* Except as otherwise required by applicable law or regulation or a final order of a court of competent jurisdiction, or as expressly authorized in writing by the Under Secretary, no person, firm, or other entity may: ( 1 ) Disclose SAFETY Act Confidential Information (as defined above) to any person, firm, or other entity, or
( 2 ) Use any SAFETY Act Confidential Information for his, her, or its own benefit or for the benefit of any other person, firm, or other entity, unless the applicant has consented to the release of such SAFETY Act Confidential Information.
( c ) *Legends.* Any person, firm, or other entity that submits data or information to the Department under this part may place a legend on such data or information indicating that the submission constitutes SAFETY Act Confidential Information. The absence of such a legend shall not prevent any data or information submitted to the Department under this part from constituting or being considered by the Department to constitute SAFETY Act Confidential Information.
§ 6.110 Evaluation. ( a ) Within one year of the effective date of this part, the Commission will conduct, with the assistance of interested persons, including handicapped persons and organizations representing handicapped persons, and evaluation of its compliance with section 504. This evaluation will include a determination of whether the Commission's policies and practices, and the effects thereof, meet the requirements of this part and whether modification of any such policies or practices is required to comply with section 504. If modification of any policy or practice is found to be required as a result of this evaluation, the Commission will proceed to make the necessary modifications.
( b ) For at least three years following completion of the evaluation required under paragraph (a), the Commission will maintain on file and make available for public inspection: ( 1 ) A list of the interested persons consulted;
( 2 ) A description of areas examined and any problems identified; and
( 3 ) A description of any modifications made.
# C_2006331EN.01001401.xml

| 30.12.2006 | EN | Official Journal of the European Union | C 331/14 |
| --- | --- | --- | --- |

30.12.2006

EN

Official Journal of the European Union

C 331/14

---

Judgment of the Court (Second Chamber) of 23 November 2006 (reference for a preliminary ruling from the Giudice di pace di Monselice (Italy)) — Lidl Italia Srl v Comune di Arcole (VR)

(Case C-315/05) (1)

1

(Directive 2000/13/EC - Labelling of foodstuffs to be delivered as such to the ultimate consumer - Scope of the obligations under Articles 2, 3 and 12 - Compulsory statement of the alcoholic strength by volume for certain alcoholic beverages - Alcoholic beverage produced in a Member State other than that in which the distributor is established - ‘Amaro alle erbe’ - Actual alcoholic strength by volume lower than that appearing on the label - Overstepping of the tolerance - Administrative fine - Liability of the distributor)

(2006/C 331/23)

Language of the case: Italian

Referring court

Giudice di pace di Monselice (Italy)

Parties to the main proceedings

Applicant: Lidl Italia Srl

Applicant:

Defendant: Comune di Arcole (VR)

Defendant:

Re:

Reference for a preliminary ruling — Giudice di Pace di Monselice — Interpretation of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs (OJ 2000 L 109, p. 29) — Scope of the obligations under Articles 2, 3 and 12 of the directive — Alcoholic beverage produced and packaged in another Member State having an alcohol content lower than that stated on the label — ‘Amaro alle erbe’

Operative part of the judgment

Articles 2, 3 and 12 of Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs are to be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, which makes it possible for an operator, established in that Member State, which distributes a pre-packaged alcoholic beverage to be delivered as such within the meaning of Article 1 of that directive, produced by an operator established in another Member State, to be held liable for an infringement of that provision, established by a public authority, resulting from the producer's inaccurate statement on the product label of the alcoholic strength by volume of the product and, consequently, to be penalised by an administrative fine, even where, as the mere distributor, it simply markets the product as delivered to it by the producer.

---

(1)  OJ C 281, 12.11.2005.

1

---
#### Independence Community Bank, Respondent, v East 86th Street, LLC, Appellant.

[824 NYS2d 33]

Order, Supreme Court, New York County (Marylin G. Diamond, J.), entered January 20, 2006, which denied defendant’s motion, pursuant to CPLR 3211 (a) (1) and (7), to dismiss the complaint, unanimously reversed, on the law, with costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.

According plaintiff every favorable inference, it fails to demonstrate a viable cause of action against defendant for fireproofing work that was done in a portion of the condominium building not owned by defendant landlord. Assuming that the existing fireproofing did not comply with city building code requirements, there is nothing under the parties’ lease, applicable statutes or common law that effects a shift of responsibility for curing code violations to defendant. Under common-law principles, the party responsible for curing violations in the common areas would be the building owner, i.e., the condominium association, to whom plaintiff should have directed its demands even prior to the commencement of the work. Concur— Mazzarelli, J.E, Friedman, Gonzalez, Catterson and Malone, JJ.
Pension Benefit Guaranty Corporation 

83-8 

March 25, 1983 

REFERENCE: 

 [*1] 4204(a)(1)(B) Sale of Assets. Withdrawal - Posting of Security 

OPINION: 

 This responds to your request for an advisory opinion. The question is whether a purchaser of assets fails to comply

with ERISA § 4204(a)(1)(B) in the first plan year after the sale if the purchaser provides to the plan a bond which is in

effect only for the first two plan years beginning after the sale of assets, but agrees that for the third - fifth plan years it

will renew the bond, purchase a new bond, place an appropriate amount in escrow or obtain an exemption from the bond

* * * requirement. 

It is our opinion that the failure to provide a bond or other security under § 4204(a)(1)(B) in the first plan year after

the sale for the entire five year period provided in § 4204(a)(1)(B) will not, by itself, result in non-compliance with §

4204(a)(1)(B). There is compliance with § 4204(a)(1)(B) as long as there is an appropriate amount of security in place

during the five year period. However, if at any time during the five year period the plan does not have such security, then

the arrangement does not comply with the requirements of § 4204 of ERISA. 

I hope this answers your inquiry. Should you have any questions [*2] concerning this matter please contact * *

* of my staff at (202) 254-4895. 

Henry Rose 

General Counsel
### **CHAPTER 52—EMERGENCY ECONOMIC STABILIZATION**

Sec.
5201.
Purposes.
5202.
Definitions.

#### SUBCHAPTER I—TROUBLED ASSETS RELIEF PROGRAM

5211.
Purchases of troubled assets.
5212.
Insurance of troubled assets.
5213.
Considerations.
5214.
Financial Stability Oversight Board.
5215.
Reports.
5216.
Rights; management; sale of troubled assets; revenues and sale proceeds.
5217.
Contracting procedures.
5218.
Conflicts of interest.
5219.
Foreclosure mitigation efforts.
5219a.
Home Affordable Modification Program guidelines.
5219b.
Public availability of information of Making Home Affordable Program.
5220.
Assistance to homeowners.
5220a.
Application of GSE conforming loan limit to mortgages assisted with TARP funds.
5220b.
Multifamily mortgage resolution program.
5221.
Executive compensation and corporate governance.
5222.
Coordination with foreign authorities and central banks.
5223.
Minimization of long-term costs and maximization of benefits for taxpayers.
5224.
Market transparency.
5225.
Graduated authorization to purchase.
5226.
Oversight and audits.
5227.
Study and report on margin authority.
5228.
Funding.
5229.
Judicial review and related matters.
5230.
Termination of authority.
5231.
Special Inspector General for the Troubled Asset Relief Program.
5231a.
Public-Private Investment Program; additional appropriations for the Special Inspector General for the Troubled Asset Relief Program.
5232.
Credit reform.
5233.
Congressional Oversight Panel.
5234.
Cooperation with the FBI.
5235.
Disclosures on exercise of loan authority.
5236.
Exchange Stabilization Fund reimbursement.
5237.
Authority to suspend mark-to-market accounting.
5238.
Study on mark-to-market accounting.
5239.
Recoupment.
5240.
Preservation of authority.
5241.
Temporary increase in deposit and share insurance coverage.

#### SUBCHAPTER II—BUDGET-RELATED PROVISIONS

5251.
Information for congressional support agencies.
5252.
Reports by the Office of Management and Budget and the Congressional Budget Office.
5253.
Emergency treatment.

#### SUBCHAPTER III—TAX PROVISIONS

5261.
Gain or loss from sale or exchange of certain preferred stock.
###### Editorial Note on Part 900

#### Editorial Note:

Nomenclature changes to part 900 appear at 67 FR 34602, May 15, 2002.

#### § 900.43 What are the general financial management system standards that apply to a tribal organization carrying out a self-determination contract?

A tribal organization shall expend and account for contract funds in accordance with the procedures of the tribal organization.
### SUBCHAPTER I—FARM CREDIT BANKS

#### **Editorial Notes**

#### Codification

Title I of the Farm Credit Act of 1971, comprising this subchapter, was originally enacted by Pub. L. 92–181, title I, Dec. 10, 1971, 85 Stat. 583, and amended by Pub. L. 96–592, Dec. 24, 1980, 94 Stat. 3437; Pub. L. 99–205, Dec. 23, 1985, 99 Stat. 1678; Pub. L. 99–509, Oct. 21, 1986, 100 Stat. 1874; Pub. L. 100–233, Jan. 6, 1988, 101 Stat. 1568. Such title is shown herein, however, as having been added by Pub. L. 100–233, title IV, §401, Jan. 6, 1988, 101 Stat. 1622, without reference to such intervening amendments because of the extensive revision of the title's provisions by Pub. L. 100–233.
#### § 1.13 General exemptions. [Reserved]
### **CHAPTER 32—FOREIGN BANK PARTICIPATION IN DOMESTIC MARKETS**

Sec.
3101.
Definitions.
3102.
Establishment of Federal branches and agencies by foreign bank.
3103.
Interstate banking by foreign banks.
3104.
Insurance of deposits.
3105.
Authority of Federal Reserve System.
3106.
Nonbanking activities of foreign banks.
3106a.
Compliance with State and Federal laws.
3107.
Representative offices.
3108.
Regulation and enforcement.
3109.
Cooperation with foreign supervisors.
3110.
Penalties.
3111.
Criminal penalty.
### [§673c. Renumbered §12305]