alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Page 12722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5204]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2165-029]


Alabama Power Company; Notice of Availability of Environmental 
Assessment

    In accordance with the National Environmental Policy Act of 1969 
and the Federal Energy Regulatory Commission's regulations, 18 CFR part 
380, the Office of Energy Projects has reviewed an application filed by 
Alabama Power Company on June 5, 2009, requesting Commission approval 
to permit Mr. Lynn Layton (permittee) to construct and operate three 
covered 10-slip boat docks and a concrete patio at Cushman's Marina, 
located on the Lewis Smith Development of the Warrior River Project 
(FERC No. 2165). The Lewis Smith Development is located on the 
headwaters of the Black Warrior River on the Sipsey Fork in Cullman, 
Walker, and Winston Counties, Alabama, and occupies 2,691.44 acres of 
Federal lands administered by the U.S. Forest Service. An environmental 
assessment (EA) has been prepared as a part of Commission staff's 
review. The EA evaluates the environmental impacts that would result 
from approving the licensee's proposal and alternatives, and finds that 
approval of the application would not constitute a major Federal action 
significantly affecting the quality of the human environment.
    A copy of the EA is on file with the Commission and is available 
for public inspection. The EA may also be viewed on the Commission's 
Web site at http://www.ferc.gov using the ``eLibrary'' link. Enter the 
docket number (P-2165) excluding the last three digits in the docket 
number field to access the document. For assistance, contact FERC 
Online Support at <a href="/cdn-cgi/l/email-protection#9adcdfc8d9d5f4f6f3f4ffc9efeaeaf5e8eedafcffe8f9b4fdf5ec"><span class="__cf_email__" data-cfemail="490f0c1b0a06272520272c1a3c3939263b3d092f2c3b2a672e263f">[email protected]</span></a> or toll-free at 1-866-208-
3676, or for TTY, (202) 502-8659.
    Any comments should be filed by March 31, 2011. Comments may be 
filed electronically via Internet in lieu of paper. The Commission 
strongly encourages electronic filings. See 18 CFR 385.2001(a)(1)(iii) 
and the instructions on the Commission's Web site under the ``eFiling'' 
link. To paper-file, comments should be addressed to Kimberly D. Bose, 
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE., 
Room 1-A, Washington, DC 20426. Please reference the project name and 
project number (P-2165) on all comments.
    For further information, contact Mark Carter at (678) 245-3083.

    Dated: March 1, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-5204 Filed 3-7-11; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### § 700.99 Salvage value.

Salvage value means the probable sale price of an item, if offered for sale on the condition that it will be removed from the property at the buyer's expense, allowing a reasonable period of time to find a person buying with knowledge of the uses and purposes for which it is adaptable and capable of being used, including separate use of serviceable components and scrap when there is no reasonable prospect of sale except on that basis.
# United States Court of Appeals

f or the Fifth Circuit

No. 22

- 10196 Summary Calendar

United States of America, Plaintiff

— Appellee ,

versus Jorge Luis Barrera

- Telles, Defendant

— Appellant

.

Appeal from the United States District Court for the Northern District of Texas No. 3:21

- CR

- 104

- 1

Before Smith, Dennis, and Southwick, Circuit Judges

. Per Curiam : *
Jorge Barrera

- Telles was sentenced , under 8 U.S.C. § 1326(b)(1) , to eighteen months’ imprisonment and three years’ supervised release (“SR”) for ille gally reentering in violation of § 1326(a). Barrera

- Telles con tends that the district court erred in imposing a term of SR exceed ing one year.

* Pursuant to 5th Cir cuit R ule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circum

stances set forth in 5th Cir cuit R ule 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED September 8, 2022 Lyle W. Cayce Clerk Case: 22-10196 Document: 00516464591 Page: 1 Date Filed: 09/08/2022No. 22

- 10196

2 Because Barrera

- Telles did not object in the district court to the appli

cation of § 1326(b)(1), we review for plain error only. See United States v. Rodriguez

- Flores , 25 F.4th 385, 387 (5th Cir. 2022)

. For that, the appellant must show , inter alia , a forfeited error that is clear or obvious and that affects his substantial rights. Puckett v. United States , 556 U.S. 129, 135 (2009).
I llegally reentering the United State s after remov al ordinarily carries
a two

- year maximum imprisonment under § 1326(a) and a one

- year maxi

mum SR

. S

ee 18 U.S.C. §§ 3559(a)(5), 3583(b)(3). But, if the defendant was previously removed after a felony con viction, the maximum prison sentence is ten years under § 1326(b)(1) , and the maximum SR is three years
. S ee §§ 3559(a)( 3 ) , 3583(b)( 2 ). Although Barrera

- Telles now maintains that nothing in the record estab lish es that he was convicted of a felony before his prior removal , w e ha ve permitted , on plain

- error review, supplementation of the record with docu

ments supporting a sentencing enhancement. See United States v. Vargas

Soto , 700 F.3d 180, 183 (5th Cir. 2012). T he g overnment supplemented the record with document s establish ing that , before his prior removal, Barrera

Telles was convicted of transport ing a controlled substance in violation of California Health and Safety Code § 11352(a). Because a § 11352(a) convic

tion is punishable by more than one year of impri sonment, it qualifies as a felony for purposes of § 1326(b)(1)

. See § 3559(a)(5)

– (6) ; United States v. Villegas

- Hernandez , 468 F.3d 874, 884 (5th Cir. 2006) (holding that a felony is an offense that is punishable by more than one year of imprisonment),

ov erruled in part on other grounds by United States v. Reyes

- Contreras , 910 F.3d 169, 181

– 82 (5th Cir. 2018) (en banc). Thus, the district court did not plainly err in sentencing Barrera

- Telles to three years of SR

. See Puckett , 556 U.S.
at 135

. AFFIRMED

. Case: 22-10196 Document: 00516464591 Page: 2 Date Filed: 09/08/2022
#### § 390.4 Facilities for inspection and copying.

Facilities for public inspection and copying of the material described in §§ 390.2 and 390.3 of this part will be provided by FSIS pursuant to 7 CFR 1.5(a) in a reading area, on business days between the hours of 8:30 a.m. and 4:30 p.m., upon request to the Freedom of Information Coordinator or designee at the following address:

Freedom of Information Act Coordinator (FOIA), Food Safety and Inspection Service, Department of Agriculture, Washington, DC 20250-3700
Con fiden tial Diagr am Re mo ve d
CONFIDENTIAL

INFORMATION

REMOVED
#### § 381.201 Means of conveyance and equipment used in handling poultry products offered for entry to be maintained in sanitary condition.

Compartments of steamships, railroad cars, and other means of conveyance transporting any poultry product to the United States, and all chutes, platforms, racks, tables, tools, utensils, and all other devices used in moving and handling any poultry product offered for entry into the United States, shall be maintained in a sanitary condition.
# C_2010179EN.01002001.xml

| 3.7.2010 | EN | Official Journal of the European Union | C 179/20 |
| --- | --- | --- | --- |

3.7.2010

EN

Official Journal of the European Union

C 179/20

---

Reference for a preliminary ruling from Court of Appeal (England & Wales) (Civil Division) made on 15 April 2010 — Tural Oguz v Secretary of State for the Home Department

(Case C-186/10)

(2010/C 179/32)

Language of the case: English

Referring court

Court of Appeal (England & Wales) (Civil Division)

Parties to the main proceedings

Applicant: Tural Oguz

Defendant: Secretary of State for the Home Department

Question referred

Where a Turkish national, having leave to remain in the United Kingdom on condition that he does not engage in any business or profession, enters into self-employment in breach of that condition and then applies to the national authorities for further leave to remain on the basis of the business which he has now established, is he entitled to the benefit of Article 41(1) of the Additional Protocol to the Agreement establishing an Association between the European Economic Community and Turkey?

---
No Action Letter



 Exhibit 10.4 
  
  

			
	Comerica Bank	 	MC 4426
	June 17, 2008	 	601 South Figueroa Street, Suite 1200
		 	Los Angeles, CA 90017
		 	Fax: 213-486-6219

 Apparel and Textile Industries Group 
 Mr. Jay Furrow, CEO 
 Cygne Designs, Inc. 
 11 W. 42nd.
St. 
 New York, NY 10036 
  

	Re:	Cygne Designs, Inc. Violations as of April 30, 2008 

 Dear Jay:

 Reference is made to that certain Loan and Security Agreement between Cygne Designs, Inc. (“Borrower”) and Comerica Bank (“Bank”) dated
as of July 30, 2007 (“Agreement”) and all modifications thereto. All initially capitalized terms used but not defined in this letter shall have the meanings assigned to such terms in the Agreement. 
 Bank hereby gives notice to Borrower that certain Defaults or Events of Default occurred as of April 30, 2008 and continue to exist as a result of violations of the
following provisions of the Agreement: 
  

	 	•	 	 Subsection 6.17 of the Agreement: Borrower shall maintain the following financial ratios and covenants, which shall be monitored on a quarterly basis, except as
noted below: 


  

	 	•	 	 Section 6.17a: Working Capital – Maintain from January 31, 2008 through January 30, 2009 in an amount not less than $9,000,000



  

	 	•	 	 Section 6.17b: Tangible Effective Net Worth – Maintain from January 30, 2008 through January 30, 2009 in an amount not less than $10,500,000



  

	 	•	 	 Section 6.17e: Leverage – Maintain a Debt (excluding Subordinated Debt and deferred tax liabilities) to Tangible Effective Net Worth of not more than 2.50
– 1.0 


  

	 	•	 	 Section 6.17h: EBITDA of not less than $4,000,000 monitored on an annual basis 


 While the Bank is not at this time taking action to enforce its rights under the Agreement, this decision does not constitute a waiver of any of the Bank’s rights, powers and remedies with respect to the above
described Defaults or Events of Defaults and is not an agreement for the Bank to forebear from exercising its rights under the Agreement. All of the terms and conditions of the Agreement remain unchanged and in full force and effect. 
  

	
	Sincerely,
	
	


	Timothy Nolan
	Senior Vice President
	Comerica Bank – Western Market
### §15a. Suits by United States; amount of recovery; prejudgment interest

Whenever the United States is hereafter injured in its business or property by reason of anything forbidden in the antitrust laws it may sue therefor in the United States district court for the district in which the defendant resides or is found or has an agent, without respect to the amount in controversy, and shall recover threefold the damages by it sustained and the cost of suit. The court may award under this section, pursuant to a motion by the United States promptly made, simple interest on actual damages for the period beginning on the date of service of the pleading of the United States setting forth a claim under the antitrust laws and ending on the date of judgment, or for any shorter period therein, if the court finds that the award of such interest for such period is just in the circumstances. In determining whether an award of interest under this section for any period is just in the circumstances, the court shall consider only—

(1) whether the United States or the opposing party, or either party's representative, made motions or asserted claims or defenses so lacking in merit as to show that such party or representative acted intentionally for delay or otherwise acted in bad faith;

(2) whether, in the course of the action involved, the United States or the opposing party, or either party's representative, violated any applicable rule, statute, or court order providing for sanctions for dilatory behavior or otherwise providing for expeditious proceedings;

(3) whether the United States or the opposing party, or either party's representative, engaged in conduct primarily for the purpose of delaying the litigation or increasing the cost thereof; and

(4) whether the award of such interest is necessary to compensate the United States adequately for the injury sustained by the United States.

(Oct. 15, 1914, ch. 323, §4A, as added July 7, 1955, ch. 283, §1, 69 Stat. 282; amended Pub. L. 96–349, §4(a)(2), Sept. 12, 1980, 94 Stat. 1156; Pub. L. 101–588, §5, Nov. 16, 1990, 104 Stat. 2880.)

#### **Editorial Notes**

#### References in Text

The antitrust laws, referred to in text, are defined in section 12 of this title.

#### Amendments

1990—Pub. L. 101–588 substituted "threefold the" for "actual".

1980—Pub. L. 96–349 inserted provisions respecting award of prejudgment interest including considerations for the court in determining whether an award is just under the circumstances.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–349 applicable only with respect to actions commenced after Sept. 12, 1980, see section 4(b) of Pub. L. 96–349, set out as a note under section 15 of this title.

#### Effective Date

Section effective six months after July 7, 1955, see note set out under section 15b of this title.
### SUBCHAPTER II—PROMOTION OF EXPORT TRADE
<PAGE>



                                                                    EXHIBIT 24.1

                                POWER OF ATTORNEY

     Know All Persons By These Presents, that each person whose signature
appears below constitutes and appoints Peter S. Lowy, Mark A. Stefanek and Irv
Hepner, and each of them, with full power to act without the others, his true
and lawful attorneys-in fact and agents, with full and several power of
substitution, for him and in his name, place and stead, in any and all
capacities, to sign the Annual Report on Form 10-K of Westfield America, Inc.
for the year ended December 31, 1998 (the "Annual Report"), and to file the
same, with all exhibits thereto, and to sign any amendments to the Annual Report
and to file the same, with exhibits thereto, and other documents in connection
therewith, with the Securities and Exchange Commission, granting unto said
attorneys-in-fact and agents, and each of them, full power and authority to do
and perform each and every act and thing requisite and necessary to be done in
and about the premises, as fully to all intents and purposes as they or he might
or could do in person, hereby ratifying and confirming all that said
attorneys-in-fact and agents or any of them, or their or his substitute or
substitutes, may lawfully do or cause to be done by virtue hereof.

     IN WITNESS WHEREOF, the undersigned have executed this Power of Attorney on
this 5th day of March 1999.


<PAGE>



   /s/ Frank P. Lowy
------------------------------
Frank P. Lowy
Director


   /s/ Roy L. Furman
------------------------------
Roy L. Furman
Director


   /s/ Frederick L. Hilmer
------------------------------
Frederick L. Hilmer
Director


   /s/ Herman Huizinga
------------------------------
Herman Huizinga
Director


   /s/ David H. Lowy
------------------------------
David H. Lowy
Director


   /s/ Bernard Marcus
------------------------------

Bernard Marcus
Director


   /s/ Larry A. Silverstein
------------------------------
Larry A. Silverstein
Director


   /s/ Francis T. Vincent
------------------------------
Francis T. Vincent, Jr.
Director


   /s/ Geroge Weissman
------------------------------
Geroge Weissman
Director
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

 

) 

THOMAS McKEITHAN, ) 

 ) 

Plaintiff, ) 

 ) 

v. ) Civil Action No. 11-0086 (ESH) 

 ) 

WILLIAM A. BOARMAN, ) 

Public Printer, United States ) 

Government Printing Office ) 

 ) 

Defendant. ) 

 ) 

MEMORANDUM OPINION AND ORDER

On May 25, 2011, the defendant filed a motion to dismiss the complaint [Dkt. No. 11]. 

This Court issued a minute order granting a request from plaintiff, Thomas McKeithan, to amend 

his complaint, and directing plaintiff to respond to the motion to dismiss no later than July 6, 

2011. (Minute Order, June 27, 2011.) Plaintiff’s amended complaint merely included 

“additional factual bases for holding Defendant responsible for unlawful acts of retaliation.” 

(Pl.’s Mot. for Leave to File an Am. Compl. [Dkt. No. 16] at 4-5.) Nevertheless, by filing the 

amended complaint, “the plaintiff[] rendered [his] original complaint a nullity.” Wultz v. Islamic 

Republic of Iran, No. 08-cv-1460, 2009 WL 4981537, at *1 (D.D.C. Dec. 14, 2009). Therefore, 

because the defendant’s motion seeks to “dismiss a complaint that has been subsequently 

amended,” it is moot and must be denied. Id.; see also Myvett v. Williams, 638 F. Supp. 2d 59, 

62 n.1 (D.D.C. 2009) (denying as moot defendants’ motion to dismiss “the original complaint” 

because “plaintiff filed the amended complaint after the defendants moved to dismiss the 

original”); Bancoult v. McNamara, 214 F.R.D. 5, 13 (D.D.C. 2003) (“Because the original 
2 

 

complaint now is superseded by the amended complaint, the court denies without prejudice all 

pending motions pertaining to the original complaint.”). 

Accordingly, it is hereby 

ORDERED that the defendant’s motion to dismiss [Dkt. No. 11] is DENIED 

WITHOUT PREJUDICE as moot. It is further ORDERED that the Court’s Minute Order of 

June 27, 2011 is VACATED IN PART, to the extent it ordered plaintiff to respond to a motion 

that was moot. It is further ORDERED that defendant shall file a motion to dismiss the 

amended complaint, if appropriate, by July 21, 2011. It is further ORDERED that if defendant 

fails to file a motion to dismiss by July 21, 2011, the Court shall issue an Initial Scheduling 

Order. 

 /s/ 

ELLEN SEGAL HUVELLE 

United States District Judge 

Date: July 7, 2011
|   | Subsidiaries of the Company | Exhibit 8.1 |
|--------|-----------------------------|-------------|

| Subsidiary                                                                | Jurisdiction of Incorporation | Principal Activity                         |
|---------------------------------------------------------------------------|-------------------------------|--------------------------------------------|
|                                                                      |                          |                                       |
| Francés Administradora de Inversiones  S.A.           | Republic of Argentina         | Mutual funds                               |
| Francés Valores Sociedad de Bolsa S.A.                          | Republic of Argentina         | Stock exchange brokerage                   |
| Consolidar Cía. de Seguros de Retiro S.A.                       | Republic of Argentina         | Insurance                                  |
| Consolidar AFJP S.A. (undergoing liquidation proceedings)            | Republic of Argentina         | Pension and Retirement Fund Administrators |
| PSA Finance  Argentina Compañía Financiera S.A.  | Republic of Argentina         | Financial Institution                      |

----
#### § 350.1 Meaning of words.

Words used in this part in the singular form shall be deemed to import the plural, and vice versa, as the case may demand.
#### In the Matter of Kedra L. Small, an Attorney, Respondent. Grievance Committee of the Eighth Judicial District, Petitioner.

[823 NYS2d 703]

Order of suspension entered pursuant to 22 NYCRR 1022.23 (b). Present—Scudder, J.P, Gorski, Green and Pine, JJ. (Filed Oct. 25, 2006.)
§ 63.15 What questions should an employer ask? Employment applications must: ( a ) Ask whether the applicant, volunteer, or employee has been arrested or convicted of a crime involving a child, violence, sexual assault, sexual molestation, sexual exploitation, sexual contact or prostitution, or crimes against persons;
( b ) Ask the disposition of the arrest or charge;
( c ) Require that an applicant, volunteer or employee sign, under penalty of perjury, a statement verifying the truth of all information provided in the employment application; and
( d ) Inform the applicant, volunteer or employee that a criminal history record check is a condition of employment and require the applicant, volunteer or employee to consent, in writing, to a record check.
### SUBCHAPTER V—DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
#### SHREVE v. DUKE POWER CO.

No. 162P90

Case below: 97 N.C.App. 648

Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 10 May 1990. Petition by defendant (Lewis Stultz) for discretionary review pursuant to G.S. 7A-31 denied 10 May 1990.
### **CHAPTER 58—FULL EMPLOYMENT AND BALANCED GROWTH**

Sec.
3101.
Congressional findings.
3102.
Report to Congressional committees.
3103.
National Employment Conference.

#### SUBCHAPTER I—STRUCTURAL ECONOMIC POLICIES AND PROGRAMS INCLUDING TREATMENT OF RESOURCE RESTRAINTS

3111.
Congressional statement of purpose.
3112.
Countercyclical employment policies.
3113.
Economic activity coordination.
3114.
Regional and structural employment policies and programs.
3115.
Youth employment policies and programs.
3116.
Job training, counseling and reservoirs of employment projects.
3117.
Capital formation.

#### SUBCHAPTER II—POLICIES AND PROCEDURES FOR CONGRESSIONAL REVIEW

3131.
Congressional statement of purpose.
3132.
Committee review.
3133.
Exercise of rulemaking powers.

#### SUBCHAPTER III—GENERAL PROVISIONS

3151.
Nondiscrimination.
3152.
Labor standards.
### SUBCHAPTER B—BITUMINOUS COAL ACT OF 1937
Exhibit 13.1



CERTIFICATION



Pursuant to section 906 of the Sarbanes-Oxley
Act of 2002



(subsections (a) and (b) of section 1350, chapter
63 of title 18, United States Code)



Pursuant to section 906 of the Sarbanes-Oxley
Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), the undersigned officer of Millicom
International Cellular, S.A. a company incorporated under the laws of the Grand-Duchy of Luxembourg (the “Company”),
hereby certifies, to such officer’s knowledge, that:



The Amendment No. 1 on Form 20-F/A to the Annual
Report on Form 20-F for the year ended December 31, 2018 (the “Report”) of the Company fully complies with the requirements
of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in the Amendment No. 1 on Form 20-F/A
fairly presents, in all material respects, the financial condition and results of operations of the Company.



Date: April 15, 2019



| | By: | /s/ Mauricio Ramos
| | --- | ------------------
| |     | Name:             
| |     | Title:
Exhibit 32


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 SUNBURST ACQUISITIONS V, INC.
(the "Company") on Form 10-QSB for the period ending January 31, 2008,
(the "Report"), I, Terence Ho, Director 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 requirement 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 Company's financial position and results of
operations.

Date: March 19, 2008

	/s/ Terence Ho
	Director