alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

Sutton, Lisa

From: Suzuki, Debra

Sent: Friday, May 22, 2015 6:08 PM

To: Brachtl, Megan; Sutton, Lisa

Subject: FW: Startup, Shutdown, Malfunction SIP Call Final Action

From: Suzuki, Debra  

Sent: Friday, May 22, 2015 2:46 PM

To: David Collier

Cc: Kelly, Kate

Subject: Startup, Shutdown, Malfunction SIP Call Final Action

Hi David. This message is a follow-up to my phone call today notifying you about the final action 

the EPA Administrator signed today to ensure states have in place air pollution rules that apply to 

sources at all times, including when the sources are operating during periods of startup, shutdown, 

or malfunction (SSM). 

Oregon is not one of the states for which the EPA is issuing a SIP call to make changes to their SIPs 

because the EPA has determined that the SIP provisions cited in the petition for your state are 

consistent with the Clean Air Act and EPA’s current SSM Policy to the extent they are still part of your 

EPA–approved SIP. 

This action responds to a Petition for Rulemaking filed by the Sierra Club and WildEarth Guardians 

concerning the treatment of excess emissions at industrial facilities during SSM operations, 

specifically how those emissions are treated in state implementation plan (SIP) provisions that the 

EPA previously approved. Also, as part of this action, the EPA has revised and clarified its policy 

concerning SSM provisions consistent with the Clean Air Act. 

For more detail on the agency’s final action, we have posted a pre-publication version of the action 

on our website at: http://www.epa.gov/airquality/urbanair/sipstatus/emissions.html. 

We look forward to continuing to work closely with you to ensure that any future revisions to your SIP 

are consistent with the Clean Air Act and the EPA’s SSM policy. If you or your staff have questions, 

please feel free to call me at 206-553-0985. 

Thank you and have a great weekend, 

Debra Suzuki 

EPA Region 10 

Air Planning Unit Manager 

206-553-0985
### §1751. Designation of fairs

#### (a) Notice to Secretary of the Treasury

When the Secretary of Commerce is satisfied that the public interest in promoting trade will be served by allowance of the privileges provided for in this chapter to any fair to be held in the United States, he shall so advise the Secretary of the Treasury, designating (1) the name of the fair, (2) the place where the fair will be held, (3) the date when the fair will open and the date when it will close, and (4) the name of the operator of the fair.

#### (b) Definitions

For purposes of this chapter—

(1) The term "fair" means any fair, exhibition, or exposition designated by the Secretary of Commerce pursuant to this section.

(2) The term "closing date" in the case of any fair means the date designated pursuant to subsection (a)(3) as the date when the fair will close, or (if earlier) the date on which such fair actually closes.

#### (c) Regulations

The Secretary of Commerce may prescribe such regulations as he deems necessary or appropriate to carry out the provisions of this section.

(Pub. L. 86–14, §2, Apr. 22, 1959, 73 Stat. 18.)

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

#### Short Title

Pub. L. 86–14, §1, Apr. 22, 1959, 73 Stat. 18, provided: "This Act [enacting this chapter] may be cited as the 'Trade Fair Act of 1959'."
#### UNITED STATES of America, Plaintiff-Appellee, v. Marisol Minjarez SARABIA, Defendant-Appellant.

No. 05-50923

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

June 20, 2006.

Joseph H. Gay, Jr., Assistant U.S. Attorney, U.S. Attorney’s Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

James Steven Hershberger, Midland, TX, for Defendant-Appellant.

Before STEWART, DENNIS, and OWEN, Circuit Judges.

PER CURIAM: *

Marisol Minjarez Sarabia appeals her guilty plea conviction and sentence for maintaining a premises within 1,000 feet of a school for the purpose of distributing a controlled substance and aiding and abetting. She argues that the Government relied on “extra-verdict facts” in declining to file a motion for a downward departure in violation of her Sixth Amendment rights. The Government seeks to enforce the waiver in the plea agreement, arguing that the appeal-waiver provision in Sarabia’s plea agreement bars her appeal.

Sarabia does not argue that the waiver-of-appeal provision in her plea agreement was unknowing or involuntary. Moreover, at rearraignment, Sarabia acknowledged the existence of the plea agreement and the fact that she waived the right to appeal her conviction and sentence. She also stated that she had read the plea agreement before signing it and that she was entering into the plea voluntarily. The fact that Sarabia waived her right to appeal prior to the decision in *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), does not change this result. *See United States v. Bums,*433 F.3d 442, 450-51 (5th Cir.2005). Aceord*342ingly, Sarabia’s appeal is barred by the waiver contained in the plea agreement. *United States v. Portillo,*18 F.3d 290, 292 (5th Cir.1994).

AFFIRMED.

*

 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.
Order entered November 17, 2017 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-00776-CR 

DEAN THOMAS WILSON, Appellant 

V. 

THE STATE OF TEXAS, Appellee 

On Appeal from the 199th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 199-80411-2016 

ORDER 

Appellant filed his notice of appeal in the trial court on May 31, 2017, and the clerk’s 

record was filed July 31, 2017. The reporter’s record, due July 29, 2017, has not been filed. 

On November 9, 2017, we ordered the reporter’s record filed within twenty days. One 

week later, court reporter Sheri Vecera filed a request for a clarification of our order. In her 

request, Ms. Vecera concedes she received our August 2nd notice about the past due reporter’s 

record and that she did not respond. She notes this case was abated for three months awaiting 

appointment of counsel and that, to date, she has “not received a request to prepare the record 

from the newly appointed attorney or anyone else.” She then states she was “not the court 

reporter who reported the trial in this case on May 30, 2017” and that a substitute reporter 

covered for her that day; Ms. Vecera does not identify the substitute reporter. She further notes 
there “may or may not have been other hearings held in this matter” and requests sixty additional 

days for the reporter’s record to be filed. 

Rule 35 provides that, absent the filing of a motion for new trial, the record “must be 

filed in the appellate court . . . within 60 days after the date sentence is imposed.” TEX. R. APP.

P. 35.2(a). The official or deputy court reporter is responsible for preparing, certifying, and 

timely filing the reporter’s record if: 

(1) a notice of appeal has been filed; 

(2) the appellant has requested that the reporter’s record be prepared; and 

(3) the party responsible for paying for the preparation of the reporter’s record has 

paid for the reporter’s fee, or has made satisfactory arrangements with the 

reporter to pay the fee, or is entitled to appeal without paying for the fee. 

TEX. R. APP. P. 35.3(c). The appellate court may extend the deadline to file the record; however, 

each extension must not exceed 30 days in an ordinary appeal. TEX. R. APP. P. 35.3(c). 

Therefore, we ORDER appellate counsel Matthew Maddox to provide this Court, by 

NOVEMBER 27, 2017, with written verification he has requested the reporter’s record in 

accordance with rule 35. We will defer ruling on Ms. Vecera’s request until the time for 

providing the written verification has passed. 

We DIRECT the Clerk to send copies of this order to the Honorable Angela Tucker, 

Presiding Judge, 199th Judicial District Court; Sheri Vecera, court reporter, 199th Judicial 

District Court; Robin Rodriquez, court reporter; and to counsel for all parties. 

/s/ LANA MYERS 

 JUSTICE
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

DAY HIGH

 24,001

 25,314

 24,212

 24,572

 22,179

 22,615

 23,272

 25,268

 26,356

 27,060

 27,224

 28,166

 27,166

 25,903

 24,728

 25,076

 23,298

 21,887

 19,875

 24,542

 26,644

 28,735

 28,401

 28,222

 26,452

 26,209

 28,017

 27,477

 24,521

 22,566

 20,638

 14,217

 13,331

 13,409

 13,711

 14,016

 12,935

 13,121

 13,240

 12,957

 12,913

 13,136

 13,078

 12,735

 12,762

 12,837

 12,587

 13,624

 13,825

 12,395

 13,136

 15,728

 15,883

 15,537

 15,733

 15,084

 14,157

 14,566

 14,559

 12,846

 11,456

 11,246

 20,179

 19,965

 19,659

 19,845

 18,321

 17,588

 17,587

 18,399

 18,759

 19,695

 20,235

 20,628

 20,343

 19,766

 19,076

 19,401

 19,279

 18,367

 16,288

 18,753

 20,296

 22,194

 22,369

 22,362

 21,664

 20,818

 22,629

 21,846

 20,226

 17,995

 16,668

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

JANUARY 2021 WATER QUALITY REPORT RUN DATE: February 2, 2021

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
#### William. A. Williamson, Respondent, v. Thomas J. Jerome and Others, Appellants.

Judgment and order affirmed, with costs. No opinion. Present—Ingraham, P. J., McLaughlin, Laughlin, Scott and Hotchkiss, JJ.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                           5,088
<SECURITIES>                                         0
<RECEIVABLES>                                   26,463
<ALLOWANCES>                                       126
<INVENTORY>                                          0
<CURRENT-ASSETS>                                36,524
<PP&E>                                         131,511
<DEPRECIATION>                                  82,348
<TOTAL-ASSETS>                                 128,355
<CURRENT-LIABILITIES>                           29,311
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         3,330
<OTHER-SE>                                      14,975
<TOTAL-LIABILITY-AND-EQUITY>                   128,355
<SALES>                                              0
<TOTAL-REVENUES>                               171,099
<CGS>                                                0
<TOTAL-COSTS>                                  146,299
<OTHER-EXPENSES>                                23,940
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               2,181
<INCOME-PRETAX>                                    280
<INCOME-TAX>                                       389
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                    654
<CHANGES>                                            0
<NET-INCOME>                                       545
<EPS-BASIC>                                        .08
<EPS-DILUTED>                                      .08


</TABLE>
#### Therselda Hoff, Appellant, v. Rose Dugan, as Executrix of William T. Hoff, Deceased, Respondent.

Close, P. J., Hagarty, Carswell, Taylor and Lewis, JJ., concur.
<PAGE>



                                                                    EXHIBIT 12.3


                                   PACCAR Inc

                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                     PURSUANT TO SEC REPORTING REQUIREMENTS
                             (Thousands of Dollars)
<TABLE>
<CAPTION>

                                                                                            Three Months Ended
                                                                                                 March 31
                                                                                         1998                  1997
                                                                                  -------------------------------------

<S>                                                                              <C>                        <C>
FIXED CHARGES
   Interest expense
   PACCAR Inc and Subsidiaries (1)                                                $      38,459             $    35,318
   Portion of rentals deemed interest                                                     1,791                   1,526
                                                                                  -------------------------------------

TOTAL FIXED CHARGES                                                               $      40,250                $ 36,844
                                                                                  -------------------------------------
                                                                                  -------------------------------------

EARNINGS
   Income before taxes -
     PACCAR Inc and Subsidiaries                                                  $     157,132             $    88,690
   Fixed charges                                                                         40,250                  36,844
                                                                                  -------------------------------------

EARNINGS AS DEFINED                                                               $     197,382            $    125,534
                                                                                  -------------------------------------
                                                                                  -------------------------------------


RATIO OF EARNINGS TO FIXED CHARGES                                                        4.90x                   3.41x

</TABLE>

(1) Exclusive of interest, if any, paid to PACCAR Inc.


                                     -13-
### subpart 1—assistance to address school dropout problems
#### § 228.60 Cost-of-living increase.

The tier II annuity component of a survivor annuity under the Railroad Retirement Act is increased by 32.5 percent of the percentage increase under section 215(i) of the Social Security Act at the same time that any such increase is payable. The amount of the increase is published in the Federal Register annually. The cost-of-living is payable beginning with the benefit payable for the month of December of the year for which the increase is due. The increase is paid in the January payment. In addition, in determining the amount of the tier II component at the time the survivor annuity begins, all cost-of-living increases that were applied or would have been applied after the employee's annuity beginning date or death and prior to the surviving annuity beginning date are taken into consideration.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Cancer Institute Special Emphasis Panel, Protein Technologies.                    

*Date:*                         May 2, 2011.                    

*Time:*                         11 a.m. to 1 p.m.                    

*Agenda:*                         To review and evaluate contract proposals.                    

*Place:*                         National Institutes of Health, 6116 Executive Blvd., Room 8018, Rockville, MD 20852.                     

*Contact Person:*                         Shamala K. Srinivas, PhD, Scientific Review Officer, Research Programs Review Branch, Division of Extramural Activities, National Cancer Institute, 6116 Executive Boulevard, Room 8123, Bethesda, MD 20892, 301-594-1224,                         *ss537t@nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)

Dated: April 8, 2011.

Jennifer S. Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2011-9134 Filed 4-14-11; 8:45 am]

BILLING CODE 4140-01-P
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

DAY HIGH

 13,270

 14,831

 15,176

 13,311

 14,111

 15,641

 15,708

 14,670

 13,200

 11,479

 11,819

 12,661

 12,805

 13,972

 17,873

 14,543

 15,339

 12,827

 12,492

 16,678

 16,550

 15,769

 15,244

 14,893

 14,600

 16,438

 16,727

 16,529

 16,081

 16,281

 1,876

 2,125

 1,837

 1,404

 1,228

 2,986

 3,390

 3,009

 3,073

 3,165

 3,420

 3,229

 2,656

 3,686

 3,372

 1,949

 1,644

 1,212

 864

 1,118

 988

 2,709

 3,138

 3,609

 4,657

 4,654

 4,424

 2,926

 3,025

 2,612

 6,871

 7,644

 7,062

 6,646

 7,435

 9,149

 9,582

 8,776

 8,186

 7,613

 7,566

 7,514

 7,261

 8,377

 9,286

 7,494

 7,819

 6,178

 5,949

 8,189

 8,974

 8,727

 9,103

 9,428

 9,289

 10,114

 9,782

 9,142

 9,074

 9,089

LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2002 WATER QUALITY REPORT RUN DATE: May 8, 2002

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

PORT CHICAGO BOTTOM IN SUISUN BAY
#### Anna Klipack et al., Copartners Doing Business under the Name of Atlas Fringing & Sportswear Co., Appellants, v. Raymar Novelties, Inc., Respondent.

Order, so far as appealed from, unanimously modified by denying the motion to vacate items 2, 3 and 4 of plaintiffs’ notice of examination before trial and as so modified affirmed, with $20 costs and disbursements to the appellants. The date for the examination to proceed to be fixed in the order. No opinion. Settle order on notice. Present — Glennon, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.
EMPLOYEE AGREEMENT AMENDMENT


EXHIBIT 10.1




EMPLOYEE AGREEMENT AMENDMENT




THIS AGREEMENT (the “Agreement”) is made and entered into on June 19, 2015 by and between SMTP, Inc., a Delaware corporation (the “Company”); and Edward Lawton (“Employee”).  




1.

This Agreement amends that certain Employee Agreement dated August 15, 2013 [sic 2014] made and entered into by the parties hereto (the “Employee Agreement”). Capitalized terms herein have the same meaning as used in the Employee Agreement, unless otherwise noted.




2.

The August 15, 2013 date contained is the first paragraph of the Agreement is deleted and replaced with August 15, 2014.




3.

The section titled “Other Compensation - Bonus” of Appendix B of the Employee Agreement is deleted and replaced with the following: 




I.

Quarterly Bonus Compensation: 




Employee shall be eligible for bonus compensation that will be paid on a quarterly basis (the “Quarterly Bonus”) that will be earned and payable as follows: 




The annual bonus target amount is $40,000 (the Quarterly Bonus target amount is $10,000), and will be based on the performance of the Company’s executive group and the individual Employee and based upon overall Company performance. 




The Quarterly Bonus is earned at the close of the applicable quarter and is intended to be paid shortly after the Company reports its financials publicly each quarter.




If Employee’s employment is terminated for any reason, Employee shall be paid (a) the full Quarterly Bonus earned, as determined solely by the Company’s Board of Directors, for the most recently completed quarter and if Employee’s employment is terminated by the Company or by mutual agreement, Employee shall be paid (b) a pro-rated Quarterly Bonus, as determined solely by the Company’s Board of Directors, for the calendar quarter in which termination occurs.  




4.

All other provisions of the Employee Agreement remain in full force and effect, other than any provision that conflicts with the terms and spirit of this Agreement.




Signature Page Attached

















IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first written above.




				
	 
	 
	SMTP, INC.


	 
	 
	 
	 

	 
	 
	 
	 

	 
	 
	By: 

	/s/ Jonathan M. Strimling


	(Witness signature) 

	 
	 
	Jonathan M. Strimling, 


	 
	 
	 
	CEO


	 
	 
	 
	 

	 
	 
	EMPLOYEE


	 
	 
	 
	 

	 
	 
	 
	 

	 
	 
	/s/ Edward Lawton


	(Witness signature)

	 
	Edward Lawton