alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 157.7 Abbreviated applications. ( a ) *General.* When the operations sales, service, construction, extensions, acquisitions or abandonment proposed by an application do not require all the data and information specified by this part to disclose fully the nature and extent of the proposed undertaking, an abbreviated application may be filed in the manner prescribed in § 385.2011 of this chapter, provided it contains all information and supporting data necessary to explain fully the proposed project, its economic justification, its effect upon applicant's present and future operations and upon the public proposed to be served, and is otherwise in conformity with the applicable requirements of this part regarding form, manner of presentation, and filing. Such an application shall ( 1 ) state that it is an abbreviated application;
( 2 ) specify which of the data and information required by this part are omitted; and
( 3 ) relate the facts relied upon to justify separately each such omission.
[Order 280, 29 FR 4876, Apr. 7, 1964] Editorial Note
Editorial Note: For Federal Register citations affecting § 157.7, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at *www.govinfo.gov .*
§ 124.32 APHIS action on petition. ( a ) Within 90 days after APHIS receives a petition filed under § 124.30, the Under Secretary for Marketing and Regulatory Programs shall make a determination under paragraphs (b) or (c) of this section or under § 124.33 whether the applicant acted with due diligence during the regulatory review period. APHIS will publish its determination in the Federal Register together with factual and legal basis for the determination, notify PTO of the determination in writing, and send copies of the determination to PTO, the applicant, and the petitioner.
( b ) APHIS may deny a due diligence petition without considering the merits of the petition if: ( 1 ) The petition is not filed in accordance with § 124.30;
( 2 ) The petition does not contain information or allegations upon which APHIS may reasonably determine that the applicant did not act with due diligence during the applicable regulatory review period; or
( 3 ) The petition fails to allege a sufficient total amount of time during which the applicant did not exercise due diligence so that, even if the petition were granted, the petition would not affect the maximum patent term extension which the applicant is entitled to under 35 U.S.C. 156.
[59 FR 11369, Feb. 25, 1993, as amended at 64 FR 43045, Aug. 9, 1999]
§ 1307.7 Assurances required. ( a ) TVA contributes financial assistance only under agreements which contain a provision which specifically requires compliance with this part and compliance with such standards for construction and alteration of facilities as TVA may provide. If the financial assistance involves the furnishing of real property, the agreement shall obligate the recipient, or the transferee in the case of a subsequent transfer, for the period during which the real property is used for a purpose for which the financial assistance is extended or for another purpose involving the provision of similar services or benefits. Where the financial assistance involves the furnishing of personal property, the agreement shall obligate the recipient during the period for which ownership or possession of the property is retained. In all other cases the agreement shall obligate the recipient for the period during which financial assistance is extended pursuant to the agreement. TVA shall specify the form of the foregoing agreement, and the extent to which an agreement shall be applicable to subcontractors, transferees, successors in interest, and other participants.
( b ) In the case of real property, structures or improvements thereon, or interests therein, acquired with TVA financial assistance, or in the case where financial assistance was provided in the form of a transfer by TVA of real property or interest therein, the instrument effecting or recording the transfer of title shall contain a convenant running with the land assuring compliance with this part and the guidelines contained herein for the period during which the real property is used for a purpose for which the TVA financial assistance is extended or for another purpose involving the provision of similar services or benefits. Where no transfer of property is involved, but property is improved with of TVA financial assistance, the recipient shall agree to include such a covenant in any subsequent transfer of such property. Where the property is obtained by transfer from TVA, the covenant against discrimination may also include a condition coupled with a right to be reserved by TVA to revert title to the property in the event of a breach of the covenant where, in the discretion of TVA, such a condition and right of reverter is appropriate to the statute under which the real property is obtained and to the nature of the grant and the grantee. In such event, if a transferee of real property proposes to mortgage or otherwise encumber the real property as security for financing construction of new, or improvement of existing, facilities on such property for the purposes for which the property was transferred, TVA may agree, upon request of the transferee and if necessary to accomplish such financing, and upon such conditions as it deems appropriate, to forbear the exercise of such right to revert title for so long as the lien of such mortgage or other encumbrance remains effective.
[45 FR 22895, Apr. 4, 1980, as amended at 68 FR 51356, Aug. 26, 2003]
### §4104. Cooperation with Commission

#### (a) Acquisition of information from Federal agencies; withholding authorization

(1) The Commission may acquire from the head of any Federal agency unclassified data, reports, and other nonproprietary information with respect to Arctic research in the possession of the agency which the Commission considers useful in the discharge of its duties.

(2) Each agency shall cooperate with the Commission and furnish all data, reports, and other information requested by the Commission to the extent permitted by law; except that no agency need furnish any information which it is permitted to withhold under section 552 of title 5.

#### (b) Utilization of facilities and services; reimbursement; avoidance of duplication

With the consent of the appropriate agency head, the Commission may utilize the facilities and services of any Federal agency to the extent that the facilities and services are needed for the establishment and development of an Arctic research policy, upon reimbursement to be agreed upon by the Commission and the agency head and taking every feasible step to avoid duplication of effort.

#### (c) Consultations with Commission prior to major Federal actions

All Federal agencies shall consult with the Commission before undertaking major Federal actions relating to Arctic research.

(Pub. L. 98–373, title I, §105, July 31, 1984, 98 Stat. 1245.)
**Exhibit 14.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in the RegistrationStatements on Form S-8 relating to the ARCADIS G&M, Inc. 2002Officer Stock Purchase Plan (File No. 333-104780), the ARCADIS N.V. 2002Employee Stock Purchase Plan (File No. 333-91646), the ARCADIS N.V. 2001Long Term Incentive Share Option Plan (File No. 333-99489), the HeidemijN.V. 1996 Incentive Plan (File No. 333-06280), and the Heidemij N.V. 1994Incentive Plan (File No. 33-76328), of our report dated March 4, 2005,with respect to the consolidated balance sheets of ARCADIS N.V. as ofDecember 31, 2004 and 2003, and the related consolidated statements ofincome, shareholders’ equity, and cash flows for each of the years in thethree-year period ended December 31, 2004, which report appears in theDecember 31, 2004 Annual Report on Form 20-F of ARCADIS N.V.

 

Utrecht, the Netherlands, June 10, 2005

 

KPMG Accountants N.V.

 

----
# C_2010221EN.01005301.xml

| 14.8.2010 | EN | Official Journal of the European Union | C 221/53 |
| --- | --- | --- | --- |

14.8.2010

EN

Official Journal of the European Union

C 221/53

---

Action brought on 16 June 2010 — Spain v Commission

(Case T-264/10)

()

2010/C 221/84

Language of the case: Spanish

Parties

Parties

Applicant: Kingdom of Spain (represented by: Mrs Nuria Díaz Abad, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | Annul the decision of the European Commission of 10 May 2010 declaring the suspension of the interim payment application submitted by Spain on 18 December 2009 on the grounds stated in Section 1 of the legal reasoning set out in the originating application; |
| --- | --- |

—

Annul the decision of the European Commission of 10 May 2010 declaring the suspension of the interim payment application submitted by Spain on 18 December 2009 on the grounds stated in Section 1 of the legal reasoning set out in the originating application;

| — | Uphold the claim that the European Commission should pay interest on account of the delay in the actual payment of the interim sums applied for and improperly suspended; |
| --- | --- |

—

Uphold the claim that the European Commission should pay interest on account of the delay in the actual payment of the interim sums applied for and improperly suspended;

| — | Order the Commission to pay the costs. |
| --- | --- |

—

Order the Commission to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The present action is brought against the Commission’s decision to interrupt the payment deadline in respect of the interim payment application submitted by Spain on 18 December 2009. That interim payment application, for a total amount of EUR 37 320 854,12, relates to the Operational Programme for Community Assistance of the European Social Fund for Fighting Discrimination in the framework of the Objectives of Convergence and Regional Competitiveness and Employment in Spain (CCI 2007ES05UPO002).

The pleas in law and main arguments are the same as those already raised in Case T-263/10 Spain v Commission.

Spain

Commission

---
September 1, 2016 

Mr. M. Fontenot 

SkyFire Services, LLC 

2255 Quail Drive 

Lakewood, Colorado 80215 

Dear Mr. Fontenot: 

Re: FAA-2015-3794 

This letter is to provide notification that we have reviewed your petition for exemption, and 

have determined that we will continue to process your petition. 

As referenced in the June 22, 2016, letter posted to your docket at www.regulations.gov, we 

are reviewing pending Section 333 petitions to determine if the recently-issued regulation, 

Operation and Certification of Small Unmanned Aircraft Systems, Title 14, Code of Federal 

Regulations, Part 107 (www.faa.gov/uas) will satisfy your request. We have determined that 

your request requires further regulatory relief (Tier 3), and we will continue working on your 

petition for exemption. 

We have found that your petition, if granted, would set a precedent. Therefore, we will 

publish a summary of your petition in the Federal Register for public comments, if we have 

not done so already. 

We will advise you of the agency’s final decision on your petition as soon as possible. If you 

have any questions regarding your petition, please contact me at 333exemptions@faa.gov. 

Sincerely, 

/s/ 

Brenda Robeson 

Program Analyst
<PAGE>   1
                                                                    EXHIBIT 10.1


                          CAPROCK COMMUNICATIONS CORP.
                               FIRST AMENDMENT TO
                           1998 EQUITY INCENTIVE PLAN

     On or about June 20, 1998, CapRock Communications Corp., a Texas
corporation (the "Company"), adopted the CapRock Communications Corp. 1998
Equity Incentive Plan (the "Plan"). The Company desires to amend the Plan as set
forth herein:

1. The definition of "Committee" as set forth in Section 2(i) of the Plan is
hereby amended to read in its entirety as set forth below:

     (i) "Committee" means (a) the Compensation Committee of the Board of
     Directors with respect to Awards granted to all Employees and Consultants
     (other than "Non-Employee Directors" of the Company within the meaning of
     Rule 16b-3) and (b) the entire Board of Directors with respect to Awards
     granted to "Non-Employee Directors" of the Company within the meaning of
     Rule 16b-3.

2. A definition entitled "Continuing Directors of the Company" is hereby added
as new Section 2(m) of the Plan to read in its entirety as set forth below:

     (m) "Continuing Directors of the Company" means, with the respect to any
     period of 12 consecutive months, (i) any members of the Board of Directors
     of the Company on the first day of such period, (ii) any members of the
     Board of Directors of the Company elected after the first day of such
     period at any annual meeting of shareholders who were nominated by the
     Board of Directors or a committee thereof, if a majority of the members of
     the Board of Directors or such committee were Continuing Directors of the
     Company within the meaning of clause (i) above at the time of such
     nomination, and (iii) any members of the Board of Directors of the Company
     elected to succeed Continuing Directors of the Company by the Board of
     Directors or a committee thereof, if a majority of the members of the Board
     of Directors or such committee were Continuing Directors of the Company
     within the meaning of clause (i) or (ii) above at the time of such
     election.

3. Existing Section 2(m), "Continuous Status as an Employee or Consultant,"
through existing Section 2(oo), "Tandem Stock Appreciation Right," are hereby
re-lettered as Sections 2(n) through 2(pp), respectively, of the Plan.

4. The remaining terms and provisions of the Plan shall continue in full force
and effect.

5. This First Amendment to the Plan was adopted by the Board of Directors on
October 7, 1999.
### §188. Publication of commercial information

The Secretary of Commerce shall publish official notifications, from time to time, of such commercial information communicated to him by diplomatic and consular officers, as he may deem important to the public interests, in such newspapers, not to exceed three in number, as he may select.

(R.S. §211; Feb. 14, 1903, ch. 552, §10, 32 Stat. 829; Mar. 4, 1913, ch. 141, §1, 37 Stat. 736.)

#### **Editorial Notes**

#### Codification

R.S. §211 derived from act Aug. 18, 1856, ch. 127, §2, 11 Stat. 60.

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

#### Change of Name

Act Mar. 4, 1913, substituted "Secretary of Commerce" for "Secretary of Commerce and Labor".

#### Transfer of Functions

Act Feb. 14, 1903, transferred Bureau of Statistics from Treasury Department to Department of Commerce and Labor.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-08-00038-CV

In re Wayne Hepner

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

Wayne Hepner has petitioned for a writ of mandamus ordering the district court to

act on his application for post-conviction habeas corpus relief. See Tex. Code Crim. Proc. Ann. art.

11.07 (West Supp. 2007). The Court is advised that the district court’s findings were filed on

January 22, 2008, and forwarded to the court of criminal appeals on January 29, 2008. See id. art.

11.07, § 3(c). Because the district court has fulfilled its obligations under article 11.07, the petition

for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

__________________________________________

G. Alan Waldrop, Justice

Before Chief Justice Law, Justices Waldrop and Henson

Filed: February 12, 2008
§ 367.19 Accounting for leases. ( a ) All leases must be classified as either capital or operating leases.
( b ) The service company must record a capital lease as an asset in account 101.1, Property under capital leases (§ 367.1011) and an obligation in account 227, Obligations under capital leases—Non-current (§ 367.2270), or account 243, Obligations under capital leases—Current (§ 367.2430), at an amount equal to the present value at the beginning of the lease term of minimum lease payments during the lease term, excluding that portion of the payments representing executory costs such as insurance, maintenance, and taxes to be paid by the lessor, together with any related profit. However, if the determined amount exceeds the fair value of the leased property at the inception of the lease, the amount recorded as the asset and obligation must be the fair value.
( c ) The service company, as a lessee, must recognize an asset retirement obligation (*See* General Instructions in § 367.22) arising from the property under a capital lease unless the obligation is recorded as an asset and liability under a capital lease. The service company must record the asset retirement cost by debiting account 101.1, Property under capital leases (§ 367.1011), and crediting the liability for the asset retirement obligation in account 230, Asset retirement obligations (§ 367.2300). Asset retirement costs recorded in account 101.1 (§ 367.1011) must be amortized by charging rent expense (*see* Operating Expense Instructions in § 367.82) or account 421, Miscellaneous income or loss (§ 367.4210), as appropriate, and crediting a separate subaccount of the account in which the asset retirement costs are recorded. Charges for the periodic accretion of the liability in account 230, Asset retirement obligations (§ 367.2300), must be recorded by a charge to account 411.10, Accretion expense (§ 367.4118), for service company property, and account 421, Miscellaneous income or loss (§ 367.4210), for non-service company property and a credit to account 230, Asset retirement obligations (§ 367.2300).
( d ) Rental payments on all leases must be charged to rent expense, fuel expense, construction work in progress, or other appropriate accounts as they become payable.
( e ) For a capital lease, for each period during the lease term, the amounts recorded for the asset and obligation must be reduced by an amount equal to the portion of each lease payment that would have been allocated to the reduction of the obligation, if the payment had been treated as a payment on an installment obligation (liability) and allocated between interest expense and a reduction of the obligation so as to produce a constant periodic rate of interest on the remaining balance.
#### The People of the State of New York, Respondent, *v.*Rosemary Martire, Appellant.

First Department,

June 22, 1943.

*Arthur M. Laufer*for appellant.

*George Raducan*of counsel *(Bernard L. Alderman*with him on the brief; *Frank S. Hogan, District Attorney),*for respond-ent.

*Per Curiam.*

The admission of evidence of other alleged crimes constituted error which requires reversal of the judgment. It do.es not appear that these alleged crimes were part of any general plan or scheme which included the offense charged in the information nor did they tend to establish the defendant’s criminal intent in relation to that offense. *(People*v. *Horie,*258 App. Div. 246.)

The judgment of conviction should be reversed and a new trial granted.

Untbrmybr, Dore, Cohn and Callahan, JJ., concur; Martin, P. J., concurs in result.

Judgment unanimously reversed and a new trial ordered.
# United States Court of Appeals **For the First Circuit**
No. 00-1113 UNITED STATES OF AMERICA, Plaintiff, Appellant,

v. COMMONWEALTH ENERGY SYSTEM AND SUBSIDIARY COMPANIES,

Defendant, Appellee.

ERRATA SHEET The opinion of this Court issued on December 21, 2000, is amended as follows: On page 5, line 10: change the word "directly" to "indirectly."
§ 385.1108 Criteria (Rule 1108). ( a ) Staff will grant a petition where there are sufficient facts to make a determination on the merits and where Staff determines that an adjustment is necessary to prevent or alleviate: ( 1 ) Special hardship;
( 2 ) Inequity; or
( 3 ) An unfair distribution of burdens.
( b ) When there are not sufficient facts to make a determination on the merits, the Staff may dismiss the petition without prejudice; except, that when Staff has requested additional material information under Rule 1107 (adjustment evaluations) of this section and the petitioner has failed to provide the requested information, Staff may deny the petition if the requested information was reasonably available to the petitioner.
[Order 225, 47 FR 19022, May 3, 1982, as amended by Order 24-C, 50 FR 21596, May 28, 1985]
#### § 156.11 Dismissal of application.

Except for good cause shown, failure of an applicant to go forward on the date set for hearing and present its full case in support of its application will constitute ground for the summary dismissal of the application and the termination of the proceedings.
# C_2014212EN.01000201.xml

| 7.7.2014 | EN | Official Journal of the European Union | C 212/2 |
| --- | --- | --- | --- |

7.7.2014

EN

Official Journal of the European Union

C 212/2

---

Judgment of the Court (Grand Chamber) of 13 May 2014 — European Commission v Kingdom of Spain

(Case C-184/11) (1)

1

((Failure of a Member State to fulfil obligations - Judgment of the Court finding a failure to fulfil obligations - Non-implementation - Article 260 TFEU - State aid - Recovery - Unlawful aid scheme incompatible with the internal market - Individual aid granted under that scheme - Pecuniary penalty))

2014/C 212/02

Language of the case: Spanish

Parties

Parties

Applicant: European Commission (represented by: C. Urraca Caviedes and B. Stromsky, Agents)

Applicant:

Defendant: Kingdom of Spain (represented by: N. Díaz Abad, Agent)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Article 260 TFEU — Failure to comply with the judgment of the Court of 14 December 2006 in Joined Cases C-485/03 to C-490/03 Commission v Spain ([2006] ECR I-11887) — Application to impose a penalty payment

Commission

Spain

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by failing to take, by the date on which the period prescribed in the reasoned opinion issued by the Commission on 26 June 2008 expired, all the measures necessary to comply with the judgment in Joined Cases C-485/03 to C-490/03 Commission v Spain EU:C:2006:777, the Kingdom of Spain has failed to fulfil its obligations under Article 260(1) TFEU; |
| --- | --- |

1.

Declares that, by failing to take, by the date on which the period prescribed in the reasoned opinion issued by the Commission on 26 June 2008 expired, all the measures necessary to comply with the judgment in Joined Cases C-485/03 to C-490/03 Commission v Spain EU:C:2006:777, the Kingdom of Spain has failed to fulfil its obligations under Article 260(1) TFEU;

| 2. | Orders the Kingdom of Spain to pay to the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 30 million; |
| --- | --- |

2.

Orders the Kingdom of Spain to pay to the European Commission, into the ‘European Union own resources’ account, a lump sum of EUR 30 million;

| 3. | Orders the Kingdom of Spain to pay the costs. |
| --- | --- |

3.

Orders the Kingdom of Spain to pay the costs.

---

(1)  OJ C 186, 25.6.2011.

1

---