alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
D-08~0B-DKG-1 1 06/02/10

EPA Defect Reporting Database

Interactive Defect Report

Campaign Number: D-08~0B-DKG-1

Problem: defective/incorrect OBD System

California only ? Yes / No

MIL illumination ? Yes / No

Description of the Defect

Due to a data error in the OBDII software of the DKG transmission, the freeze frame data 

corresponding to stored DGK transmission fault codes will be erased with shut down of the 

DKG control unit. 

Impact on Emissions

No emissions impact.

Drivability Problems

Drivability is not affected.

How was the defect determined?

During BMW internal testing.

Available Emissions Data

n.a.

Address of Plants

BMW AG, Plant 1.1

Petuelring 130

80788 Munich, Germany

BMW AG, Plant 6.1

Herbert-Quant-Allee

93055 Regensburg, Germany

Anticipated Follow-up

BMW is planning to implement an improved software on all affected vehicles in the field at next 

service. 

EPA DR #4055 

Received: June 23, 2010
D-08~0B-DKG-1 2 06/02/10

Notes

Engine Family affected means

Year Test Group Make Models vehicles determined

2008 8BMXV04.0S65 BMW M3, M3 Coupe, M3 Conv. 2248 by production records

(only models with DKG transmission and production between 03/08 – 08/08)

2009 9BMXV04.0S65 BMW M3, M3 Coupe, M3 Conv. 2764 by production records

(only models with DKG transmission) 

2010 ABMXV04.0S65 BMW M3, M3 Coupe, M3 Conv. 1471 by production records

(only models with DKG transmission) 

2011 BBMXV04.0S65 BMW M3, M3 Coupe, M3 Conv. 1418 by production records

(only models with DKG transmission and production between 03/10 – 08/10) 

2009 9BMXV03.054R BMW Z4 sDrive 35i 1397 by production records

(only models with DKG transmission) 

2010 ABMXV03.054R BMW Z4 sDrive 35i 359 by production records

(only models with DKG transmission) 

2011 BBMXV03.0ULR BMW 335CiM, 335Ci Conv.M 1411 by production records

(only models with DKG transmission and production between 03/10 – 08/10)

2011 BBMXV03.054R BMW Z4 sDrive 35i, Z4 sDrive 35is 592 by production records

(only models with DKG transmission and production between 03/10 – 08/10)

2011 BBMXJ03.0N55 BMW 135i, 135i Conv. 1722 by production records

(only models with DKG transmission and production between 03/10 – 08/10) 

EPA DR #4055 

Received: June 23, 2010
### §2224. Crediting authority for federally authorized navigation projects

A non-Federal interest may carry out operation and maintenance activities for an authorized navigation project, subject to the condition that the non-Federal interest complies with all Federal laws and regulations applicable to such operation and maintenance activities, and may receive credit for the costs incurred by the non-Federal interest in carrying out such activities towards the share of construction costs of that non-Federal interest for another element of the same project or another authorized navigation project, except that in no instance may such credit exceed 20 percent of the total costs associated with construction of the general navigation features of the project for which such credit may be applied pursuant to this section.

(Pub. L. 113–121, title I, §1021, June 10, 2014, 128 Stat. 1228.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Water Resources Reform and Development Act of 2014, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
### §3356. Improving the use of data by executive agencies for curbing improper payments

(a) Prompt Reporting of Death Information by the Department of State and the Department of Defense.—The procedure required to be established under section 7(a) of the Improper Payments Elimination and Recovery Improvement Act of 2012, as in effect on the day before the date of enactment of this section—

(1) shall continue to be in effect on and after the date of enactment of this section; and

(2) may be modified as determined appropriate by the Director of the Office of Management and Budget.

(b) Prompt Reporting of Death Information by the Department of Veterans Affairs and the Office of Personnel Management.—Not later than 1 year after the date of enactment of this section, the Secretary of Veterans Affairs and the Director of the Office of Personnel Management shall establish a procedure under which the Secretary and the Director—

(1) shall promptly and on a regular basis submit information relating to the deaths of individuals, including stopped payments data as applicable, to each executive agency for which the Director of the Office of Management and Budget determines receiving and using such information would be relevant and necessary; and

(2) to facilitate the centralized access of death data for the use of reducing improper payments, may identify additional Federal sources of death data and direct the data owner to provide that data to 1 or more executive agencies for that purpose.

(c) Guidance to Executive Agencies Regarding Data Access and Use for Improper Payments Purposes.—The guidance required to be issued under section 7(b) of the Improper Payments Elimination and Recovery Improvement Act of 2012, as in effect on the day before the date of enactment of this section—

(1) shall continue to be in effect on and after the date of enactment of this section; and

(2) may be modified as determined appropriate by the Director of the Office of Management and Budget.

(Added Pub. L. 116–117, §2(a), Mar. 2, 2020, 134 Stat. 130.)

#### **Editorial Notes**

#### References in Text

The date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 116–117, which was approved Mar. 2, 2020.

Section 7 of the Improper Payments Elimination and Recovery Improvement Act of 2012, referred to in subsecs. (a) and (c), is section 7 of Pub. L. 112–248, which was formerly set out in a note under section 3321 of this title, prior to repeal by Pub. L. 116–117, §3(a)(3), Mar. 2, 2020, 134 Stat. 133.
### §§811 to 817c. Omitted

#### **Editorial Notes**

#### Codification

Sections were omitted pursuant to section 817b of this title which provided that the Congressional Recognition for Excellence in Arts Education Awards Board terminated 6 years after November 22, 2000.

Section 811, Pub. L. 96–114, title II, §202, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2545, related to findings of Congress.

Section 812, Pub. L. 96–114, title II, §203, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546; amended Pub. L. 114–95, title IX, §9215(u), Dec. 10, 2015, 129 Stat. 2171, related to definitions of terms in subchapter.

Section 813, Pub. L. 96–114, title II, §204, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546, related to the establishment of the Board.

Section 814, Pub. L. 96–114, title II, §205, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2546, related to the duties of the Board.

Section 815, Pub. L. 96–114, title II, §206, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2549, related to the composition of the Board and the establishment of an Advisory Board.

Section 816, Pub. L. 96–114, title II, §207, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2551, related to the administration of the Congressional Recognition for Excellence in Arts Awards Program.

Section 817, Pub. L. 96–114, title II, §208, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2551, related to limitations on Board's authority.

Section 817a, Pub. L. 96–114, title II, §209, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2552, related to audits.

Section 817b, Pub. L. 96–114, title II, §210, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2552, terminated the Board 6 years after Nov. 22, 2000.

Section 817c, Pub. L. 96–114, title II, §211, as added Pub. L. 106–533, §1(a), Nov. 22, 2000, 114 Stat. 2552, related to the Congressional Recognition for Excellence in Arts Education Awards Trust Fund.
§ 158.12 Merchandise partially damaged at time of importation. ( a ) *Allowance in value.* Merchandise which is subject to ad valorem or compound duties and found by the port director to be partially damaged at the time of importation shall be appraised in its condition as imported, with an allowance made in the value to the extent of the damage. However, no allowance shall be made when forbidden by law or regulation; for example, Chapter 72, Additional U.S. Note 3, Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), provides that no allowance or reduction of duties for partial damage or loss in consequence of discoloration or rust occurring before importation shall be made upon iron or steel or upon any article of iron or steel.
( b ) *No allowance in specific duties.* In the case of merchandise subject to specific or compound duties and found to be partially damaged at the time of importation, no allowance may be made in the specific duties or in the weight, quantity, or measure (except that an allowance for any excessive moisture or other impurities may be made in accordance with § 158.13). However, any part of the shipment which is totally worthless and can be segregated from the rest of the shipment may be treated as a nonimportation in accordance with § 158.11.
(Sec. 506, 46 Stat. 732, as amended; 19 U.S.C. 1506)
[T.D. 72-258, 37 FR 20171, Sept. 27, 1972, as amended by T.D. 89-1, 53 FR 51270, Dec. 21, 1988]
### §26. Locators' rights of possession and enjoyment

The locators of all mining locations made on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim existed on the 10th day of May 1872 so long as they comply with the laws of the United States, and with State, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes, and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. Nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another.

(R.S. §2322.)

#### **Editorial Notes**

#### Codification

R.S. §2322 derived from act May 10, 1872, ch. 152, §3, 17 Stat. 91.
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 14

- 15417 Non

- Argument Calendar

________________________ D.C. Docket No. 1:97

- cr - 00327

- WCO

- JMF

- 7

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus ASBY HILL, Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Northern District of Georgia

________________________ ( September 4, 2015 )

Before HULL , ROSENBAUM and BLACK , Circuit Judges. PER CURIAM:2 Asby Hil l appeals from the district court’s order revoking his supervised release and imposing a sentence for violating the conditions of his supervised release

. Hill was originally convicted of conspiring to distribute cocaine and cocaine base, in violation of 2 1 U.S.C. § 846. He was sentenced to 160 months’ imprisonment followed by 5 years of supervised release under 21 U.S.C. § 841(b)(1)(C), a Class C felony. His term of supervised release commenced on June 3, 2011. In November 2014, the district court revok ed Hill’s supervised release and sentenced him to 6 month s’ imprisonment followed by 4.5 years of supervised release. On appeal, Hill contends the district court did not have jurisdiction to revoke his supervised release and impose a sentence because , according to Hill, he had already served the three

- year statutory maximum term of supervised release at the time of his revocation hearing. Compare 21 U.S.C. § 841(b)(1)(C) (requiring a term of supervised release of “at least 3 years”) , with 18 U.S.C. § 3583(b) (stating “[e]xcept as otherwise provided,” the term of supervised release for a Class C felony may be “not more than three years”). As Hill acknowledges, his argument is foreclosed by our binding precedent. In United States v. Sanchez , 269 F.3d 1250 (11th Cir. 2001) ( en banc ), abrogated in part on other grounds by United States v.
Duncan , 400 F.3d 1297, 1308 (11th Cir. 2005) , this Court held that 21 U.S.C. § 841(b)(1)(C)’s three

- year minimum term of supervised release is not capped by3 18 U.S.C. § 3583(b)(2) ’ s three

- year maximum because it falls within § 3583(b) ’s “[e]xcept as otherwise provided” language. See id. at 1287 (“ Section 841(b)(1)(C), in fact, expressly ‘otherwise provide[s]’

- specifically, § 841(b)(1)(C) provides that the term of superv ised release for that particular Class C felony must be ‘ at least three years

. ’ ” (quoting 21 U.S.C. § 841(b)(1)(C) ). Accordingly, we AFFIRM

.
[Federal Register Volume 69, Number 207 (Wednesday, October 27, 2004)]
[Notices]
[Page 62740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24059]


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

DEPARTMENT OF TRANSPORTATION

Office of the Secretary


Notice of Applications for Certificates of Public Convenience and 
Necessity and Foreign Air Carrier Permits Filed Under Subpart B 
(Formerly Subpart Q) During the Week Ending October 15, 2004

    The following Applications for Certificates of Public Convenience 
and Necessity and Foreign Air Carrier Permits were filed under Subpart 
B (formerly Subpart Q) of the Department of Transportation's Procedural 
Regulations (See 14 CFR 301.201 et seq.). The due date for Answers, 
Conforming Applications, or Motions to Modify Scope are set forth below 
for each application. Following the Answer period DOT may process the 
application by expedited procedures. Such procedures may consist of the 
adoption of a show-cause order, a tentative order, or in appropriate 
cases a final order without further proceedings.
    Docket Number: OST-2004-19368.
    Date Filed: October 12, 2004.
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: November 2, 2004.
    Description: Application of Arctic Circle Air Service, Inc., 
requesting the transfer and subsequent surrender of a purchased 
certificate of public convenience and necessity authorizing interstate 
scheduled air transportation pursuant to section 41102 of Title 49 of 
the United States Code.
    Docket Number: OST-2004-19398.
    Date Filed: October 13, 2004.
    Due Date for Answers, Conforming Applications, or Motion to Modify 
Scope: November 3, 2004.
    Description: Application of Tradewinds Airlines, Inc., requesting a 
certificate of public convenience and necessity authorizing it to 
engage in scheduled foreign air transportation of property and mail to 
and from the countries that have concluded Open Skies Air Services 
Agreements with the United States.

Andrea M. Jenkins,
Program Manager, Docket Operations, Federal Register Liaison.
[FR Doc. 04-24059 Filed 10-26-04; 8:45 am]
BILLING CODE 4910-62-P
#### Antonina T. KRIJANOVSKAJA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent.

No. 01-70466.

I & NS No. [ AXX-XXX-XXX ].

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 9, 2002.

Decided May 23, 2002.

*597Before KLEINFELD and GRABER, Circuit Judges, and BOLTON,* District Judge.

*

 The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation.

MEMORANDUM **

Antonina Krijanovskaja petitions for review of the decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) denial of her application for asylum. We focus our review on the IJ’s decision because the BIA explicitly adopted the IJ’s decision. *See Popova v. INS,*273 F.3d 1251, 1257 (9th Cir.2001). The BIA’s decision must be reversed if the evidence would compel a reasonable factfinder to conclude that the requisite persecution or fear has been demonstrated. *See Salazar-Paucar v. INS,*281 F.3d 1069, 1073 (9th Cir.2002), *amended by,*No. 99-71306, 2002 WL 927124, at *1 (9th Cir. May 9, 2002). Because the IJ failed to make an adverse credibility finding, the petitioner’s testimony is accepted as true. *See id.*

Ms. Krijanovskaja testified that she was threatened and physically assaulted on several occasions because of her Jewish identity. On one occasion, two men grabbed her by her arms, pushed her so that she hit her head on the ground, tied her arms behind her back, and drew a yellow Star of David on her vest. On another occasion, three men attacked her near the entrance to her apartment building. One of these men grabbed her dress, pushed her, and specifically referred to her Jewish identity in his verbal threats. On yet another occasion, during which the petitioner and her friends were attacked near a synagogue, police officers were in the vicinity of the attack but did not intervene.

Because Ms. Krijanovskaja established past persecution, she is entitled to a presumption of a well-founded fear of future persecution. *Cordon-Garcia v. INS,*204 F.3d 985, 992 (9th Cir.2000). The INS may rebut the presumption by showing that conditions in the petitioner’s home country have changed so that fear of persecution is no longer reasonable. *Sala**598*zar-Paucar,*281 F.3d at 1073-74. On this record, the government did not satisfy its burden in the face of the presumption. Rather, this record shows that persecution of Jews was ongoing in the Ukraine at the time of the hearing and that the government was unable or unwilling to stop it. *See Korablina v. INS,*158 F.3d 1038, 1046 (9th Cir.1998) (holding that the record showed continuing violence against Jews in the Ukraine). In addition, the petitioner produced evidence of specific threats directed at her which support a reasonable fear of future persecution. *See id.*at 1074. The petitioner is, therefore, eligible for asylum.

PETITION GRANTED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
II 

Calendar No. 310

108TH CONGRESS 

1ST SESSION H. R. 1442

IN THE SENATE OF THE UNITED STATES 

OCTOBER 16, 2003

Received; read twice and placed on the calendar 

AN ACT

To authorize the design and construction of a visitor center 

for the Vietnam Veterans Memorial.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 1442 PCS 

1 SECTION 1. VISITOR CENTER. 

2 Public Law 96–297 (16 U.S.C. 431 note) is amended 

3 by adding at the end the following: 

4 ‘‘SEC. 6. VISITOR CENTER. 

5 ‘‘(a) AUTHORIZATION.—

6 ‘‘(1) IN GENERAL.—The Vietnam Veterans Me7 morial Fund, Inc., is authorized to construct a vis8 itor center at or near the Vietnam Veterans Memo9 rial on Federal land in the District of Columbia, or 

10 its environs, subject to the provisions of this section, 

11 in order to better inform and educate the public 

12 about the Vietnam Veterans Memorial and the Viet13 nam War. 

14 ‘‘(2) LOCATION.—The visitor center shall be lo15 cated underground. 

16 ‘‘(3) CONSULTATION ON DESIGN PHASE.—The 

17 Vietnam Veterans Memorial Fund, Inc. shall consult 

18 with educators, veterans groups, and the National 

19 Park Service in developing the proposed design of 

20 the visitor center. 

21 ‘‘(b) APPLICATION OF COMMEMORATIVE WORKS

22 ACT.—Chapter 89 of title 40, United States Code (com23 monly referred to as the Commemorative Works Act) shall 

24 apply, including provisions related to the siting, design, 

25 construction, and maintenance of the visitor center, and 
3

HR 1442 PCS 

1 the visitor center shall be considered a commemorative 

2 work for the purposes of that Act, except that—

3 ‘‘(1) final approval of the visitor center shall 

4 not be withheld; 

5 ‘‘(2) the provisions of section 8908(b) of title 

6 40, United States Code requiring further approval 

7 by law for the location of a commemorative work 

8 within Area I shall not apply; and 

9 ‘‘(3) the Secretary of the Interior shall enter 

10 into a written agreement with the Vietnam Veterans 

11 Memorial Fund, Inc. for specified maintenance 

12 needs of the visitor center.

13 ‘‘(c) OPERATION.—The Secretary of the Interior 

14 shall—

15 ‘‘(1) operate the visitor center; and 

16 ‘‘(2) as soon as practicable, in consultation with 

17 educators and veterans groups, develop a written in18 terpretive plan for the visitor center in accordance 

19 with National Park Service policy. 

20 ‘‘(d) FUNDING.—The Vietnam Veterans Memorial 

21 Fund, Inc. shall be solely responsible for acceptance of 

22 contributions for, and payment of expenses of, the estab23 lishment of the visitor center. No Federal funds shall be 
4

HR 1442 PCS 

1 used to pay any expense of the establishment of the visitor 

2 center.’’.

Passed the House of Representatives October 15, 

2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

Calendar No. 310

108TH CONGRESS 

1ST SESSION H. R. 1442

AN ACT

To authorize the design and construction of a 

visitor center for the Vietnam Veterans Memorial. 

OCTOBER 16, 2003

Received; read twice and placed on the calendar
#### § 4.68 Federal Maritime Commission certificates for certain passenger vessels.

No vessel having berth or stateroom accommodations for 50 or more passengers and embarking passengers at U.S. ports will be granted a clearance at the port or place of departure from the United States unless it is established that the vessel has valid certificates issued by the Federal Maritime Commission.

[T.D. 00-4, 65 FR 2874, Jan. 19, 2000]
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# SECY-05-0151 - Proposed Rule: 10 CFR Parts 30, 31, 32, and 150 - Exemptions from Licensing, General Licenses, and Distribution of Byproduct Material; Licensing and Reporting Requirements (RIN 3150-AH41)

Accession Number: ML040750765

Date Released: Wednesday, September 7, 2005

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    - ML052070687 - SECY-05-0151-Proposed Rule:  10 CFR Parts 30, 31, 32, and 150 - Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material:  Licensing and Reporting Requirements (RIN 3150-AH41) (11 page(s), 8/23/2005)
    - ML052070720 - SECY-05-0151 - Attachment 1- Federal Register Notice for Proposed Rule:  10 CFR Parts 30, 31, 32, and 150 - Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material:  Licensing and Reporting Requirements (RIN 3150-AH41) (58 page(s), 8/23/2005)
    - ML003713268 - US AEC Federal Register 30 CFR 3482  Use of Byproduct Material & Source Material - Products Intended for Use by General Public (Consumer Products). (1 page(s), 3/16/1965)
    - ML052070747 - SECY-05-0151-Attachment 3 - Regulatory Analysis re:  Proposed Rule:  10 CFR Parts 30, 31, 32, and 150 - Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material:  Licensing and Reporting Requirements (RIN 3150-AH41) (29 page(s), 8/23/2005)
    - ML052070778 - SECY-05-0151 - Attachment 4 - Environmental Assessment re:  Proposed Rule:  10 CFR Parts 30, 31, 32, and 150 - Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material:  Licensing and Reporting Requirements (RIN 3150-AH41) (7 page(s), 8/23/2005)

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