alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 4120.3-1 Conditions for range improvements. ( a ) Range improvements shall be installed, used, maintained, and/or modified on the public lands, or removed from these lands, in a manner consistent with multiple-use management.
( b ) Prior to installing, using, maintaining, and/or modifying range improvements on the public lands, permittees or lessees shall have entered into a cooperative range improvement agreement with the Bureau of Land Management or must have an approved range improvement permit.
( c ) The authorized officer may require a permittee or lessee to maintain and/or modify range improvements on the public lands under § 4130.3-2 of this title.
( d ) The authorized officer may require a permittee or lessee to install range improvements on the public lands in an allotment with two or more permittees or lessees and/or to meet the terms and conditions of agreement.
( e ) A range improvement permit or cooperative range improvement agreement does not convey to the permittee or cooperator any right, title, or interest in any lands or resources held by the United States.
( f ) The authorized officer will review proposed range improvement projects as required by the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.*). The decision document following the environmental analysis shall be issued in accordance with § 4160.1.
[49 FR 6452, Feb. 21, 1984, as amended at 60 FR 9964, Feb. 22, 1995; 61 FR 4227, Feb. 5, 1996; 71 FR 39505, July 12, 2006]
#### UNITED STATES of America, Plaintiff-Appellee, v. Timothy Wayne WETLESEN, Defendant-Appellant.

No. 04-51107.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided March 1, 2006.

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

John Scott Peterson, Waco, TX, for Defendant-Appellant.

Before JOLLY, DAVIS and OWEN, Circuit Judges.

PER CURIAM: *

Timothy Wayne Wetlesen appeals his sentence imposed pursuant to a plea of guilty to attempt to manufacture methamphetamine. *See*21 U.S.C. § 841(a)(1). He argues that pursuant to *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), his case should be remanded for resentencing because the *410district court erred in sentencing him pursuant to the then-mandatory Sentencing Guidelines.

By sentencing Wetlesen under a mandatory guidelines regime, the district court committed what this court refers to as Fanfan error. *See United States v. Walters,*418 F.3d 461, 463-64 (5th Cir.2005). The Government concedes that Wetlesen preserved his Fanfan argument by raising an objection in the district court pursuant to *Blakely v. Washington,*542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Given the district court’s statement that it would impose the same sentence in the event the Guidelines were declared unconstitutional, the Government has carried its burden of demonstrating harmless error beyond a reasonable doubt. *See e.g., United States v. Saldana,*427 F.3d 298, 314 (5th Cir.2005), *cert. denied,*— U.S.-, 126 S.Ct. 1097, 163 L.Ed.2d 911 (2006).

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.
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

IN ADMIRALTY

Case No. 20-60970-CIV-SMITH 

IN RE THE COMPLAINT OF: 

LOHENGRIN, LTD., as owner of the

2006 M/Y Lohengrin, a 2006 161-foot

Aluminum trideck motoryacht from 

Trinity Yachts, IMO Number 8735998, 

for Exoneration from or Limitation of 

Liability 

_______________________________ /

Rule 7.1 Disclosures

Third Party Defendant, Atlantic Refinishing Crew, Inc., by and through counsel, files its 

Rule 7.1 Disclosures as follows:

Corporate

Atlantic Refinishing Crew, Inc., is a Florida corporation that does not have a parent 

corporation and there is no publicly held corporation owning 10% or more of its stock.

Interested Persons

Debbie Bailey, owner and officer of Atlantic Refinishing Crew, Inc.

c/o John D. Kallen, P.A.

Kirtnell Bailey, owner and officer of Atlantic Refinishing Crew, Inc.

c/o John D. Kallen, P.A.

John D. Kallen, Esq. – Counsel for Atlantic Refinishing Crew, Inc.

John D. Kallen, P.A.

17071 W. Dixie Highway

No. Miami Beach, FL 33160

Case 0:20-cv-60970-RS Document 83 Entered on FLSD Docket 03/08/2021 Page 1 of 2
Dated: March 8, 2021

/s/John D. Kallen

John D. Kallen, Esq. 

Florida Bar No. 277428 

JOHN D. KALLEN, P.A. 

17071 West Dixie Highway 

North Miami Beach, Florida 33160 

Tel: 305-956-5775 

E-mail: jdklaw1@aol.com 

julie@jdk-law.com

Counsel for Atlantic Refinishing Crew

Case 0:20-cv-60970-RS Document 83 Entered on FLSD Docket 03/08/2021 Page 2 of 2
#### § 420.2 General closure.

Reclamation lands are closed to off- road vehicle use, except for an area or trail specifically opened to use of off- road vehicles in accordance with § 420.21.
**REGULATORY EVALUATION**

Directorate Identifier: **2011 -**  **NM -**  **134 -**  **AD Costs:**  Labor per airplane (4 work hours x $8 5 /hour) $ 340 Parts per airplane $ + 0 Cost per airplane $ 340 Number of U.S.

- registered airplanes x 27 Total fleet cost $ 0 * *Dassault reported that the modification will take 140

– 144 work hours per airplane, and will be done at no cost to operators. **Executive Order 12866:** Could the AD be considered a “significant regulatory action”? YES ( ) explain NO (X) **DOT Regulatory P olicies and Procedures:**  Is the AD significant? YES ( ) explain NO (X) **Regulatory Flexibility Act:** Will the AD have a significant economic impact on a substantial number of small entities? YES ( ) explain NO (X) **Intrastate Aviation in Alaska:** This AD could affect intrastate aviation in Alaska. I s it appropriate to include specific requirements for aircraft operated in Alaska, where aviation might be the only mode of transportation? YES ( ) explain NO (X)
#### § 417.6 General regulations.

In addition to the recommendations and determinations formulated according to the procedures set out above, the right is reserved to issue regulations of general applicability to the topics dealt with herein.
§ 3809.330 May I modify my notice? ( a ) Yes, you may submit a notice modification at any time during operations under a notice.
( b ) BLM will review your notice modification the same way it reviewed your initial notice under §§ 3809.311 and 3809.313.
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  Annual  Report  of  Cal-Bay  International, Inc. (the
"Company") on Form 10-KSB for the year ended December 31, 2002 as filed with the
Securities  and Exchange Commission on the date hereof (the "Report"), I, Robert
J.  Thompson,  Chief  Executive  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  to  the  best  of  my  knowledge:

     (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  Thompson
                              -------------------------
                              Chief  Executive  Officer
                              March  21,  2003
§ 3821.3 Requirement for filing statement of assessment work. The owner of an unpatented mining claim, mill site, or tunnel site located on O and C lands may either: ( a ) Perform and record proof of annual assessment work if qualified as a small miner under part 3835 of this chapter; or
( b ) Pay an annual maintenance fee of $100 per unpatented mining claim, mill site, or tunnel site under part 3834 of this chapter.
[68 FR 61064, Oct. 24, 2003]
**Exhibit 12.2**
**Certification Pursuant to Section 302 of The Sarbanes-Oxley Act of 2002**
I, Klaus Kühn, certify that:
1. I have reviewed this annual report on Form 20-F of Bayer AG; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe company as of, and for, the periods presented in this report; 4. The company’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the company andhave:
 (a) Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision,to ensure that material information relating to the company, includingits consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report isbeing prepared;  (b) Evaluated the effectiveness of the company’s disclosure controls andprocedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  (c) Disclosed in this report any change in the company’s internal controlover financial reporting that occurred during the period covered by theannual report that has materially affected, or is reasonably likely tomaterially affect, the company’s internal control over financialreporting; and
5. The company’s other certifying officer(s) and I have disclosed, based onour most recent evaluation of internal control over financial reporting,to the company’s auditors and the audit committee of the company’s boardof directors (or persons performing the equivalent functions):
 (a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the company’s ability to record,process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the company’s internal controlover financial reporting.
Date: May 24, 2004
   /s/ KLAUS KÜHN Title: Chief Financial Officer
### §389e. Actions taken to be included in report to Congress

The Secretary shall include in the report to Congress required pursuant to section 389a 1 of this title, a description of actions taken under the provisions of sections 389 to 389e of this title during the preceding fiscal year. No proceedings under such sections shall become effective until approved by the Congress.

(June 22, 1936, ch. 692, §6, 49 Stat. 1804; Pub. L. 96–470, title II, §206(b), Oct. 19, 1980, 94 Stat. 2244.)

#### **Editorial Notes**

#### Amendments

1980—Pub. L. 96–470 substituted provision requiring the Secretary to include in the report to Congress required pursuant to section 389a of this title a description of the actions taken under sections 389 to 389e of this title during the preceding fiscal year for provision requiring the Secretary to make reports to Congress on the first Monday of each regular session, and from time to time thereafter, showing actions taken under sections 389 to 389e of this title during the preceding fiscal year.

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

#### Approval of Secretary's Action

The action of the Secretary of the Interior in deferring the collection of certain irrigation charges against lands under the Blackfeet Indian irrigation project in Montana was approved by Joint Res. Apr. 11, 1940, ch. 78, 54 Stat. 105.

1 So in original. Probably should refer to section 386a.
----

Notice of the expiry of certain anti-dumping measures

(2005/C 270/10)

Further to the publication of a notice of impending expiry (1), following which no request for a review was received, the Commission gives notice that the anti-dumping measures mentioned below will shortly expire.

This notice is published in accordance with Article 11(2) of Council Regulation (EC) No 384/96 of 22 December 1995 (2) on protection against dumped imports from countries not members of the European Community.

----

(1)OJ C 52, 2.3.2005, p. 2.

(2)OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Council Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Company's consolidated balance sheet and consolidated statement of operations
and is qualified in its entirety by reference to such consolidated financial
statements together with the related footnotes thereto.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           5,015
<SECURITIES>                                         0
<RECEIVABLES>                                    7,089
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                13,790
<PP&E>                                          12,642
<DEPRECIATION>                                   5,675
<TOTAL-ASSETS>                                 261,202
<CURRENT-LIABILITIES>                           24,418
<BONDS>                                        327,418
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                    (72,411)
<TOTAL-LIABILITY-AND-EQUITY>                   261,202
<SALES>                                         17,508
<TOTAL-REVENUES>                                17,508
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 4,262
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               6,854
<INCOME-PRETAX>                                  7,067
<INCOME-TAX>                                     2,880
<INCOME-CONTINUING>                              4,187
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     4,187
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
#### § 37.3 Authority.

Section 4 of the Federal Cave Resources Protection Act of 1988 (102 Stat. 4546; 16 U.S.C. 4301) authorizes the Secretary to issue regulations providing for the identification of significant caves. Section 5 authorizes the Secretary to withhold information concerning the location of significant caves under certain circumstances.
#### § 4.400 Definitions.

As used in this subpart:

*Administrative law judge* means an administrative law judge in the Office of Hearings and Appeals, appointed under 5 U.S.C. 3105.

*BIA* means the Bureau of Indian Affairs.

*BLM* means the Bureau of Land Management.

*Board* means the Interior Board of Land Appeals.

*BOEM* means the Bureau of Ocean Energy Management.

*BSEE* means the Bureau of Safety and Environmental

*Bureau or Office* means BIA, BLM, BOEM, BSEE, ONRR, the Deputy Assistant Secretary—Natural Resources Revenue, or any successor organization, as appropriate.

*Last address of record* means the address in a person's most recent filing in an appeal or, if there has not been any filing, the person's address as provided in the Bureau or Office decision under appeal.

*ONRR* means the Office of Natural Resources Revenue.

*Office* or *officer* includes “administrative law judge” or “Board” where the context so requires.

*Party* includes a party's representative(s) where the context so requires.

*Secretary* means the Secretary of the Interior or an authorized representative.

[75 FR 64663, Oct. 20, 2010; 75 FR 68704, Nov. 9, 2010, as amended at 88 FR 5793, Jan. 30, 2023]
#### David Graham *et al. v.*The People *ex rel.*

*Filed at Springfield September 28,1882.*

*Appeal—an office is not a franchise.*An office is not a franchise, within the meaning of the constitution and the statute prescribing the appellate jurisdiction of the Supreme and Appellate Courts. Therefore, an appeal does not lie directly to this court from a judgment of the circuit court, ousting a party from an office.

*322Appeal from the Circuit Court of Warren county; the Hon. John J. Glenn, Judge, presiding.

Mr. Almon Kidder, Mr. Wm. G. Norcross, and Messrs. Pepper & Kirkpatrick, for the appellants.

Mr. John W. Matthews, State’s Attorney, for the appellees.

Per Curiam :

This was an information in the nature of a *quo warranto,*filed in the circuit court of Warren county, to determine the question of title in the defendants to exercise the offices, one, of mayor, and the others, of aldermen, of the city of Monmouth. From a judgment of ouster against the defendants in the circuit court, they took this appeal directly to this court.

The appeal must be dismissed. It should have been taken. to the Appellate Court. The only claim that there can be of a right of appeal directly to this court, fiiust be upon the ground that a franchise is involved. In *Board of Trade*v. *The People,*91 Ill. 80, we held that the right to membership in a private corporation was not a franchise, and in *The People*v. *Holtz et al.*92 Ill. 426, that an office is not a franchise, within the meaning of the constitution and the statute prescribing the appellate jurisdiction of.the Supreme and Appellate Courts, the office of school directors being the one there involved. And see *Chicago and Western Indiana R. R. Co.*v. *Dunbar,*95 Ill. 571.

*Appeal dismissed.*
#### § 418.34 Valid headgate deliveries.

Project water may be delivered to headgates only as provided in §§ 418.8 and 418.10. Water delivered to lands that are not entitled to be irrigated or not in accord with decreed water duties is difficult to quantify at best because it is not typically measured. Since it is not likely to be a part of the total actual headgate deliveries, yet is a part of the total deliveries to the Project, it will manifest itself directly as a lower efficiency. Thus, it will either reduce the District's incentive credit or increase the storage debit by the amount improperly diverted. All other users outside the Project are thereby held harmless but the District incurs the consequence. This approach should eliminate any potential disputes between the District and the Bureau regarding the quantity of water misappropriated.
SCOUT RANGER

THIS IS TO CERTIFY THAT

has successfully fulfilled the requirements of 

the National Park Service

Scout Ranger Program and is hereby 

proclaimed a SCOUT RANGER.

Date

N

AT IONA L PA R K S E RV I C

E

S COUT RANGE R
Process flow diagram for the us e of the new chemical at sites controlled by submitter

-Repackaging of emulsion containing PMN substance into smaller

containers
#43774616 v1 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 20-22337-CIV-LEONARD/O’SULLIVAN 

EMMANUEL JOSEPH, 

Plaintiff, 

v. 

ATLANTIC &y PACIFIC ASSOCIATION 

MANAGEMENT, INC., 

Defendant. 

/ 

MEDIATOR’S REPORT

Mediation was held on March 18, 2021, with all parties and their counsel present via video 

conference. A settlement was reached. 

Respectfully submitted, 

GRAYROBINSON, P.A. 

333 S.E. 2nd Avenue, Suite 3200 

Miami, Florida 33131 

Telephone: (305) 416-6880 

Facsimile: (305) 416-6887 

BY: /s/ Marlene Quintana 

Marlene Quintana, Mediator 

Florida Bar No.: 88358 

marlene.quintana@gray-robinson.com

Case 1:20-cv-22337-JAL Document 42 Entered on FLSD Docket 04/16/2021 Page 1 of 2
#43774616 v1 

2 

CERTIFICATE OF SERVICE 

I hereby certify that on April 15, 2021, I electronically filed the foregoing document with 

the Clerk of the Court using CM/ECF. I also certify that a true and correct copy of the foregoing 

document was served via transmission of Notices of Electronic Filing generated by CM/ECF or 

in some other authorized manner for those counsel or parties who are not authorized to receive 

electronically Notices of Electronic Filing on all counsel or parties of record on the Service List 

below. 

BY: /s/ Marlene Quintana 

Marlene Quintana, Mediator 

Case 1:20-cv-22337-JAL Document 42 Entered on FLSD Docket 04/16/2021 Page 2 of 2
#### § 431.3 Definitions.

As used in this part:

*Additions and betterments* shall mean such work, materials, equipment, or facilities which enhance or improve the Project and do more than restore the Project to a former good operating condition.

*Colorado River Dam Fund* or *Fund* shall mean that special fund established by section 2 of the Project Act and which is to be used only for the purposes specified in the Project Act, the Adjustment Act, the Colorado River Basin Project Act, and the Hoover Power Plant Act.

*Contractor* shall mean any entity which has a fully executed contract with Western for electric service pursuant to the Hoover Power Plant Act.

*Project* or *Boulder Canyon Project* shall mean all works authorized by the Project Act, the Hoover Power Plant Act, and any future additions authorized by Congress, to be constructed and owned by the United States, but exclusive of the main canal and appurtenances authorized by the Project Act, now known as the All-American Canal.

*Replacements* shall mean such work, materials, equipment, or facilities as determined by the United States to be necessary to keep the Project in good operating condition, but shall not include (except where used in conjunction with the word “emergency” or the phrase “however necessitated”) work, materials, equipment, or facilities made necessary by any act of God, or of the public enemy, or by any major catastrophe.

*Uprating Program* shall mean the program authorized by section 101(a) of the Hoover Power Plant Act for increasing the capacity of existing generating equipment and appurtenances at Hoover Powerplant, as generally described in the report of Reclamation, entitled “Hoover Powerplant Uprating, Special Report,” issued in May 1980, supplemented in January 1985, and further supplemented in September 1985.