alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 76, Number 56 (Wednesday, March 23, 2011)]
[Notices]
[Pages 16408-16409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6771]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission


Notice Announcing Preliminary Permit Drawing

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Lock+ Hydro Friends Fund XLV.....  Project No. 13741-000.
FFP Missouri 9, LLC..............  Project No. 13748-000.
Solia 8 Hydroelectric, LLC.......  Project No. 13771-000.
------------------------------------------------------------------------

    The Commission has received three preliminary permit applications 
deemed filed on May 18, 2010, at 8:30 a.m.,\1\ for proposed projects to 
be located at the Army Corps of Engineers' Point Marion Lock and Dam on 
the Monongahela River, in Fayette and Greene Counties, Pennsylvania, 
and Monongahela County, West Virginia. The applications were filed by 
Lock+ Hydro Friends Fund XLV for Project No. 13741, FFP Missouri 9, 
LLC, for Project No. 13748,

[[Page 16409]]

and Solia 8 Hydroelectric, LLC, for Project No. 13771.\2\
---------------------------------------------------------------------------

    \1\ Under the Commission's Rules of Practice and Procedure, any 
document received after regular business hours is considered filed 
at 8:30 a.m. on the next regular business day. 18 CFR 385.2001(a)(2) 
(2010).
    \2\ Point Marion Hydro, LLC, also filed a permit application to 
study the same site for Project No. 13789, which is deemed filed on 
May 19, 2010.
---------------------------------------------------------------------------

    On March 24, 2011, at 10 a.m. (eastern time), the Secretary of the 
Commission, or her designee, will conduct a random drawing to determine 
the filing priority of the applicants identified in this notice. The 
Commission will select among competing permit applications as provided 
in section 4.37 of its regulations.\3\ The priority established by this 
drawing will be used to determine which applicant, among those with 
identical filing times, will be considered to have the first-filed 
application.
---------------------------------------------------------------------------

    \3\ 18 CFR 4.37 (2010).
---------------------------------------------------------------------------

    The drawing is open to the public and will be held in room 2C, the 
Commission Meeting Room, located at 888 First St., NE., Washington, DC 
20426. A subsequent notice will be issued by the Secretary announcing 
the results of the drawing.

    Dated: March 15, 2011.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2011-6771 Filed 3-22-11; 8:45 am]
BILLING CODE 6717-01-P
###### Editorial Note on Part 1208

#### Editorial Note:

Nomenclature changes to part 1208 appear at 68 FR 9846, Feb. 28, 2003, and at 68 FR 10352, Mar. 5, 2003.

#### § 1208.23 Restoration of status.

An alien who was maintaining his or her nonimmigrant status at the time of filing an asylum application and has such application denied may continue in or be restored to that status, if it has not expired.

[62 FR 10337, Mar. 6, 1997. Redesignated at 64 FR 8490, Feb. 19, 1999 and further redesignated at 65 FR 76136, Dec. 6, 2000]
HECO Exhibit 32.4

Hawaiian Electric Company, Inc.

Written Statement of Chief Financial Officer Furnished Pursuant
to

18 U.S.C. Section 1350,

as Adopted by

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Hawaiian Electric Company, Inc. (HECO) on Form 10-K for the year ended December 31, 2006 as filed with
the Securities and Exchange Commission (the HECO Report), I, Tayne S. Y. Sekimura, Chief Financial Officer of HECO, certify, pursuant to 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, to the
best of my knowledge, that:



|(1) | The HECO Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and
|--- | -----------------------------------------------------------------------------------------------------------------



|(2) | The HECO consolidated information contained in the HECO Report fairly presents, in all material respects, the financial condition as of December 31, 2006 and results of
operations for the year ended December 31, 2006 of HECO and its subsidiaries.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        
|------------------------
|/s/ Tayne S. Y. Sekimura
|Tayne S. Y. Sekimura    
|Financial Vice President
|Date: February 28, 2007 

A signed original of this written statement required by Section 906 has been provided to Hawaiian Electric
Company, Inc. and will be retained by Hawaiian Electric Company, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
### §460o–7. Authorization of appropriations

There are hereby authorized to be appropriated to the Secretary of the Interior for the acquisition of lands and interests in land pursuant to the provisions of section 460o–1 of this title and for expenses incident thereto not more than $65,000,000 which moneys shall be transferred to the Secretary of the Army. There are also authorized to be appropriated not more than $18,200,000 for the cost of installing and constructing recreation facilities on the lands and interests in lands so acquired. The amounts herein authorized to be appropriated are supplemental to those authorized to be appropriated for the Tocks Island project and related facilities by the Flood Control Act of 1962 (76 Stat. 1182).

(Pub. L. 89–158, §8, Sept. 1, 1965, 79 Stat. 614; Pub. L. 92–575, §1, Oct. 27, 1972, 86 Stat. 1250.)

#### **Editorial Notes**

#### References in Text

The amounts authorized to be appropriated for the Tocks Island project and related facilities by the Flood Control Act of 1962, referred to in text, appear at 76 Stat. 1182, and were not classified to the Code. The Flood Control Act of 1962 is Title II of Pub. L. 87–874, Oct. 23, 1962, 76 Stat. 1173. For complete classification of this Act to the Code, see Tables.

#### Amendments

1972—Pub. L. 92–575 substituted "$65,000,000" for "$37,412,000".
<PAGE>
                                                                               .
                                                                               .
                                                                               .
                                  EXHIBIT 21.1
                           SUBSIDIARIES OF REGISTRANT

<Table>
<Caption>
                                                  HAWTHORNE FINANCIAL CORPORATION,
                                                       a Delaware corporation
<S>                        <C>                        <C>                       <C>                        <C>
   HFC Capital Trust I,       HFC Capital Trust II      HFC Capital Trust III   Hawthorne Savings, F.S.B.,   HFC Capital Trust IV,
a Delaware business trust  a Delaware business trust  a Delaware business trust  a federal savings bank    a Delaware business trust

                                                                                HS Financial Services Corp.
                                                                                 a California corporation
</Table>
HECO Exhibit 32.3

Hawaiian Electric Company, Inc.

Written Statement
of Chief Executive Officer Furnished Pursuant to

18 U.S.C. Section 1350,

as Adopted by

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Hawaiian Electric
Company, Inc. (HECO) on Form 10-K for the year ended December 31, 2009 as filed with the Securities and Exchange Commission (the HECO Report), I, Richard M. Rosenblum, Chief Executive Officer of HECO, certify, pursuant to 18
U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:



|(1) | The HECO Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934; and
|--- | -----------------------------------------------------------------------------------------------------------------



|(2) | The HECO consolidated information contained in the HECO Report fairly presents, in all material respects, the financial condition as of December 31, 2009 and
results of operations for the year ended December 31, 2009 of HECO and its subsidiaries.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                     
|-------------------------------------
|/s/ Richard M. Rosenblum             
|Richard M. Rosenblum                 
|President and Chief Executive Officer

Date: February 26,
2010

A signed original of this written statement required by Section 906 has been provided to Hawaiian Electric Company, Inc. and will
be retained by Hawaiian Electric Company, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
§ 25.7 Querying records in the system. ( a ) The following search descriptors will be required in all queries of the system for purposes of a background check: ( 1 ) Name;
( 2 ) Sex;
( 3 ) Race;
( 4 ) Complete date of birth; and
( 5 ) State of residence.
( b ) A unique numeric identifier may also be provided to search for additional records based on exact matches by the numeric identifier. Examples of unique numeric identifiers for purposes of this system are: Social Security number (to comply with Privacy Act requirements, a Social Security number will not be required by the NICS to perform any background check) and miscellaneous identifying numbers (e.g., military number or number assigned by Federal, state, or local authorities to an individual's record). Additional identifiers that may be requested by the system after an initial query include height, weight, eye and hair color, and place of birth. At the option of the querying agency, these additional identifiers may also be included in the initial query of the system.
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 Micro Laboratories, Inc.
(the "Company") on Form 10-Q for the period ending December 31, 2003 as
filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Robert Thistle, Chief Executive Officer and Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:
   (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/Robert Thistle
-----------------------------
Robert Thistle
Chief Executive Officer
Chief Financial Officer

February 20, 2003
### §450jj–5. Administration of Memorial; cooperation with State and local governments and private sector

Lands and interests in lands acquired pursuant to section 450jj–3 of this title shall, upon acquisition, be a part of the Memorial. The Secretary of the Interior shall administer the Memorial in accordance with sections 450jj to 450jj–9 of this title and the provisions of law generally applicable to units of the national park system, including the Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4) 1 and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467).1 In the development, management, and operation of that portion of the Memorial which is added to the Memorial under section 450jj–3 of this title, the Secretary shall, to the maximum extent feasible, utilize the assistance of State and local government agencies and the private sector. For such purposes, the Secretary may, consistent with the management plan for the area, enter into cooperative agreements with the State, with any political subdivision of the State, or with any person. Any such cooperative agreement shall, at a minimum, establish procedures for providing notice to the Secretary of any action proposed by the State, such political subdivision, or such person, which may affect the area.

(May 17, 1954, ch. 204, §6, as added Pub. L. 98–398, title II, §201(a), Aug. 24, 1984, 98 Stat. 1468.)

#### **Editorial Notes**

#### References in Text

The Act entitled "An Act to establish a National Park Service, and for other purposes", approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1–4), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

The Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461–467), referred to in text, is act Aug. 21, 1935, ch. 593, 49 Stat. 666, known as the Historic Sites Act of 1935 and also as the Historic Sites, Buildings, and Antiquities Act, which enacted sections 461 to 467 of this title. The Act was repealed and restated as section 1866(a) of Title 18, Crimes and Criminal Procedure, and sections 102303 and 102304 and chapter 3201 of Title 54, National Park Service and Related Programs, by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

1 See References in Text note below.
### §3865. Establishment and purposes

#### (a) Establishment

The Secretary shall establish an agricultural conservation easement program for the conservation of eligible land and natural resources through easements or other interests in land.

#### (b) Purposes

The purposes of the program are to—

(1) combine the purposes and coordinate the functions of the wetlands reserve program established under section 3837 1 of this title, the grassland reserve program established under section 3838n 1 of this title, and the farmland protection program established under section 3838i 1 of this title, as such sections were in effect on the day before February 7, 2014;

(2) restore, protect, and enhance wetlands on eligible land;

(3) protect the agricultural use and future viability, and related conservation values, of eligible land by limiting nonagricultural uses of that land that negatively affect the agricultural uses and conservation values; and

(4) protect grazing uses and related conservation values by restoring or conserving eligible land.

(Pub. L. 99–198, title XII, §1265, as added Pub. L. 113–79, title II, §2301(a), Feb. 7, 2014, 128 Stat. 731; amended Pub. L. 115–334, title II, §2601, Dec. 20, 2018, 132 Stat. 4585.)

#### **Editorial Notes**

#### References in Text

Sections 3837, 3838n, and 3838i of this title, referred to in subsec. (b)(1), were repealed by Pub. L. 113–79, title II, §§2703(a), 2704(a), 2705(a), Feb. 7, 2014, 128 Stat. 767, 768.

#### Amendments

2018—Subsec. (b)(3). Pub. L. 115–334, §2601(1), inserted "that negatively affect the agricultural uses and conservation values" after "uses of that land".

Subsec. (b)(4). Pub. L. 115–334, §2601(2), substituted "restoring or conserving" for "restoring and conserving".

1 See References in Text note below.
### §601. Disposition of moneys collected for depredations

All moneys collected for depredations upon the public lands shall be covered into the Treasury of the United States as other moneys received from the sale of public lands.

(Apr. 30, 1878, ch. 76, §2, 20 Stat. 46.)
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAVIER PINEDA SALGADO, 

Petitioner, 

 v. 

MERRICK B. GARLAND, Attorney 

General, 

Respondent.

No. 19-72350 

Agency No. A070-928-353 

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 11, 2022**

Pasadena, California

Before: IKUTA, LEE, and FORREST, Circuit Judges.

Javier Pineda Salgado, a native and citizen of Mexico, petitions for review of 

the Immigration Judge’s (IJ) decision affirming the asylum officer’s negative 

reasonable fear determination. Salgado claims that the IJ deprived him of his right 

to counsel by conducting portions of the reasonable fear hearing without his 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAR 18 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

attorney. Because Salgado failed to exhaust his claim, we lack jurisdiction and 

dismiss the petition. 

We may review a final order of removal only if the petitioner “has exhausted 

all administrative remedies available to [him] as of right.” 8 U.S.C. § 1252(d)(1). 

Section 1252(d)(1)’s exhaustion requirement is a “prerequisite to our jurisdiction” 

and “generally bars us, for lack of subject-matter jurisdiction, from reaching the 

merits of a legal claim not presented in administrative proceedings below.” Barron 

v. Ashcroft, 358 F.3d 674, 677–78 (9th Cir. 2004). If an alien fails to raise his right 

to counsel claim before the IJ, then the exhaustion requirement is not satisfied. See 

id. at 678; Brezilien v. Holder, 569 F.3d 403, 412 (9th Cir. 2009).

Before the IJ, Salgado never argued that his right to counsel was violated. At 

the September 9, 2019, hearing, Salgado’s attorney failed to enter his appearance 

even after the IJ granted him multiple continuances to do so. So, the IJ proceeded 

without Salgado’s attorney, but Salgado did not object. Later that day, when 

Salgado’s attorney was finally able to enter his appearance, the attorney requested 

an additional continuance instead of objecting to the proceedings conducted in his 

absence. Finally, at the September 13, 2019, hearing, Salgado’s new counsel never 

argued that Salgado had been previously deprived of his right to counsel at the 

September 9 hearing. Therefore, Salgado did not exhaust his right to counsel claim.

DISMISSED.
Case 15-33894-KLP Doc 5 Filed 08/03/15 Entered 08/03/15 13:02:29 Desc Main

 Document Page 1 of 1
### §460uu–2. Management

The Secretary, acting through the Director of the National Park Service, shall manage the monument in accordance with the provisions of this subchapter, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),1 and other provisions of law applicable to units of the National Park System. The Secretary shall protect, manage, and administer the monument for the purposes of preserving the scenery and the natural, historic, and cultural resources of the monument and providing for the public understanding and enjoyment of the same in such a manner as to perpetuate these qualities for future generations.

(Pub. L. 100–225, title I, §103, Dec. 31, 1987, 101 Stat. 1539.)

#### **Editorial Notes**

#### References in Text

The Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), referred to in text, is act Aug. 25, 1916, ch. 408, 39 Stat. 535, known as the National Park Service Organic Act, which enacted sections 1, 2, 3, and 4 of this title and provisions set out as a note under section 100101 of Title 54, National Park Service and Related Programs. Sections 1 to 4 of the Act were repealed and restated as section 1865(a) of Title 18, Crimes and Criminal Procedure, and section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of Title 54 by Pub. L. 113–287, §§3, 4(a)(1), 7, Dec. 19, 2014, 128 Stat. 3094, 3260, 3272. For complete classification of this Act to the Code, see Tables. For disposition of former sections of this title, see Disposition Table preceding section 100101 of Title 54.

1 See References in Text note below.
§ 505.15 Full funding grant agreement. ( a ) A proposed project may not be funded under this program unless the Secretary finds that the project meets the requirements of this part and there is a reasonable likelihood that the project will continue to meet such requirements.
( b ) A project financed under this section shall be carried out through a FFGA. The Secretary shall enter into a FFGA based on the evaluations and ratings required herein, and in accordance with the terms specified in section 1301(g)(2) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, (Pub. L. 109-59; 119 Stat. 1144).
( c ) A FFGA will be entered into only after the project has commitments for non-Federal funding in place and all other requirements are met.
( d ) A State may request the use of Advanced Construction for the project and subsequently convert those funds to an eligible Federal-aid funding category or to PNRS funding as part of the FFGA.