alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Notices]
[Page 63349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24289]


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

DEPARTMENT OF AGRICULTURE

Foreign Agricultural Service


Trade Adjustment Assistance for Farmers

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notice.

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

    The Administrator, Foreign Agricultural Service (FAS), re-certified 
the trade adjustment assistance (TAA) petition that was filed by the 
Puget Sound Salmon Commission on behalf of Washington salmon fishermen 
and initially certified on October 22, 2003. Salmon fishermen holding 
permits and licenses in the State of Washington will be eligible to 
apply for fiscal year 2005 benefits during a 90-day period beginning on 
November 1, 2004. The application period closes on January 31, 2005.

SUPPLEMENTARY INFORMATION: Upon investigation, the Administrator 
determined that continued increases in imports of farmed salmon 
contributed importantly to a decline in the average landed price of 
salmon in Washington by 24.6 percent during the 2003 marketing period 
(January-December 2003), compared to the 1997-2001 base period. 
Eligible producers may request technical assistance from the Extension 
Service at no cost and receive an adjustment assistance payment, if 
certain program criteria are satisfied. Applicants who did not receive 
technical assistance under the fiscal 2004 TAA program must obtain the 
technical assistance prior to May 2, 2005 in order to be eligible for 
financial payments.
    Producers of raw agricultural commodities wishing to learn more 
about TAA and how they may apply should contact the Department of 
Agriculture at the addresses provided below for general information.
    Producers Certified as Eligible for TAA, Contact: Farm Service 
Agency service centers.
    For General Information about TAA, Contact: Jean-Louis Pajot, 
Coordinator, Trade Adjustment Assistance for Farmers, FAS, USDA, (202) 
720-2916, e-mail: <a href="/cdn-cgi/l/email-protection#a0d4d2c1c4c58ec1c4cad5d3d4cdc5ced4e0c6c1d38ed5d3c4c18ec7cfd6"><span class="__cf_email__" data-cfemail="e89c9a898c8dc6898c829d9b9c858d869ca88e899bc69d9b8c89c68f879e">[email protected]</span></a>.

    Dated: October 20, 2004.
Kenneth Roberts,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 04-24289 Filed 10-29-04; 8:45 am]
BILLING CODE 3410-10-P


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§ 185.117 Disqualification of reviewing official or ALJ. ( a ) A reviewing official or ALJ in a particular case may disqualify himself or herself at any time.
( b ) A party may file with the ALJ a motion for disqualification of a reviewing official or an ALJ. Such motion shall be accompanied by an affidavit alleging personal bias or other reason for disqualification.
( c ) Such motion and affidavit shall be filed promptly upon the party's discovery of reasons requiring disqualification, or such objections shall be deemed waived.
( d ) Such affidavit shall state specific facts that support the party's belief that personal bias or other reason for disqualification exists and the time and circumstances of the party's discovery of such facts. It shall be accompanied by a certificate of the representative of record that it is made in good faith.
( e ) Upon the filing of such a motion and affidavit, the ALJ shall proceed no further in the case until he or she resolves the matter of disqualification in accordance with this section. ( 1 ) If the ALJ determines that a reviewing official is disqualified, the ALJ shall dismiss the complaint without prejudice.
( 2 ) If the ALJ disqualifies himself or herself, the case shall be reassigned promptly to another ALJ.
( 3 ) If the ALJ denies a motion to disqualify, the authority head may determine the matter only as part of his or her review of the initial decision upon appeal, if any.
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>                     <C>
<PERIOD-TYPE>                   YEAR                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999             DEC-31-1998
<PERIOD-START>                             JAN-01-1999             JAN-01-1998
<PERIOD-END>                               DEC-31-1999             DEC-31-1998
<CASH>                                          20,489                       0
<SECURITIES>                                         0                       0
<RECEIVABLES>                                        0                       0
<ALLOWANCES>                                         0                       0
<INVENTORY>                                          0                       0
<CURRENT-ASSETS>                                20,489                       0
<PP&E>                                               0                       0
<DEPRECIATION>                                       0                       0
<TOTAL-ASSETS>                                  20,489                       0
<CURRENT-LIABILITIES>                                0                  35,000
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        90,482                  30,482
<OTHER-SE>                                    (69,993)                (65,482)
<TOTAL-LIABILITY-AND-EQUITY>                    20,489                (35,000)
<SALES>                                              0                       0
<TOTAL-REVENUES>                                   489                  51,915
<CGS>                                                0                       0
<TOTAL-COSTS>                                        0                       0
<OTHER-EXPENSES>                                90,000                     480
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                      0                       0
<INCOME-TAX>                                         0                       0
<INCOME-CONTINUING>                                  0                       0
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                  (89,511)                  51,435
<EPS-BASIC>                                          0                       0
<EPS-DILUTED>                                        0                       0



</TABLE>
NO. 07-07-0166-CR

NO. 07-07-0167-CR

NO. 07-07-0168-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

JUNE 4, 2007

______________________________

ELLIS BUTLER,

Appellant

v.

THE STATE OF TEXAS, 

Appellee

_________________________________

FROM THE 251 DISTRICT COURT OF POTTER COUNTY; ST

NOS. 49,819-C; 50,096-C; 50,097-C; HON. PATRICK A. PIRTLE, PRESIDING

_______________________________

Memorandum Opinions

_______________________________

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Ellis Butler (appellant) appeals from the orders for withdrawal of funds from his

inmate trust account to offset court costs assessed in his prior convictions. We dismiss the

appeals for lack of jurisdiction.

 The record before us reveals that the “Order[s] for Withdrawal from Inmate

Account. . .” were signed on April 8, 2005. Pursuant to the Texas Rules of Appellate
Procedure, appellant was required to file his motions for new trial or notices of appeal with

the clerk of the trial court no later than 30 days after the signing of the orders, or by May

9, 2005. The notices of appeals were filed on May 2, 2007. Because the deadline to

perfect an appeal was May 9, 2005, the notices appeared untimely. TEX. R. APP. P. 26.2

(stating that one must file a notice of appeal within 30 days of the date the final order is

signed, unless that deadline has been extended by motion or rule of procedure).

Furthermore, no motion (timely or otherwise) to extend the May 9 deadline was received th

by this court. 

By letter dated May 21, 2007, we directed appellant to explain why the notices of

appeal were late or why he believed them to be timely. The explanation was due by May

31, 2007. He was also told that the failure to comply with this directive would result in the

dismissal of the appeals. To date, no response has been received. 

 A timely notice of appeal is essential to invoke our appellate jurisdiction. In re

A.L.B., 56 S.W.3d 651, 652 (Tex. App.–Waco 2003, no pet.). If the notice is untimely, then

the court of appeals can take no action other than to dismiss the proceeding. Id. The

notice at bar being untimely, we dismiss the appeals for want of jurisdiction. 

Brian Quinn

 Chief Justice

Do not publish.
#### Frank M. Wells, as Executor, etc., Respondent, v. John C. Eckerson, Trustee, etc., Appellant, Impleaded with Mary E. Coggins and Others, Respondents.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present—Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
### §§146 to 146k. Repealed. Pub. L. 88–131, §3, Sept. 24, 1963, 77 Stat. 194

Section 146, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, provided methods of obeying and construing sections 146 to 146k, suggestion for ascertainment of risk of collision, and advice concerning the operation of seaplanes.

Section 146a, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, related to sailing vessels approaching one another.

Section 146b, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 417, related to power-driven vessels meeting end on.

Section 146c, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to power-driven vessels crossing.

Section 146d, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to vessels or seaplanes meeting.

Section 146e, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to the course of vessels having the right of way, and the duty in aiding to avert collision.

Section 146f, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to crossing ahead of vessel having right of way.

Section 146g, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, related to duty of power-driven vessel to slacken speed.

Section 146h, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 418, provided that overtaking vessel keep out of the way of the overtaken vessel, defined "overtaken vessel".

Section 146i, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to power-driven vessels in narrow channels and in nearing bends in a channel.

Section 146j, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to right of way of fishing vessels, and obstruction of fairways.

Section 146k, act Oct. 11, 1951, ch. 495, §6, Pt. C, 65 Stat. 419, related to special circumstances requiring departure from rules.

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

#### Effective Date of Repeal

Repeal effective Sept. 1, 1965, see Proc. No. 3632, Dec. 29, 1964, 29 F.R. 19167, and section 3 of Pub. L. 88–131, both set out as notes under section 1051 of this title.
§ 4.75 Incomplete manifest; incomplete or missing Electronic Export Information (EEI); bond. ( a ) *Pro forma manifest.* Except as provided for in § 4.75(c), if a master desiring to clear his vessel for a foreign port does not have available for filing with the CBP port director a complete Cargo Declaration Outward with Commercial Forms, CBP Form 1302A (see § 4.63) in accordance with 46 U.S.C. 60105, or all required EEI filing citations, exclusions, and/or exemption legends (see 15 CFR 30.47), the CBP port director may accept in lieu thereof an incomplete manifest (referred to as a pro forma manifest) on the Vessel Entrance or Clearance Statement, CBP Form 1300, if there is on file in his office a bond on CBP Form 301, containing the bond conditions set forth in § 113.64 of this chapter relating to international carriers, executed by the vessel owner or other person as attorney in fact of the vessel owner. The “Incomplete Manifest for Export” box in item 17 of the Vessel Entrance or Clearance Statement form must be checked.
( b ) *Time in which to file complete manifest and EEI.* Not later than the fourth business day after clearance from each port of lading in the vessel's itinerary, the master, or the vessel's agent on behalf of the master, must submit to the director of each port a complete Cargo Declaration Outward with Commercial Forms, CBP Form 1302A, in accordance with § 4.63, of the cargo laden at such port together with all required EEI filing citations, exclusions, and/or exemption legends for such cargo and a Vessel Entrance or Clearance Statement, CBP Form 1300. The statutory grace period of four (4) days for filing the complete manifest and missing EEI begins to run on the first day (exclusive of any day on which the U.S. port of lading is not open for marine business) following the date on which clearance is granted.
( c ) *Countries for which vessels may not be cleared until complete manifests and EEI are filed.* To aid CBP in the enforcement of export laws and regulations, no vessel will be cleared for any port in the following countries until a complete outward foreign manifest and all required EEI filing citations, exclusions, and/or exemption legends have been filed with the port director:
Albania Bulgaria Cambodia China, People's Republic of Cuba Czechoslovakia Estonia German Democratic Republic (Soviet Zone of Germany and Soviet Zone sector of Berlin) Hungary Iran Iraq Laos Latvia Libya Lithuania Mongolian People's Republic North Korea Polish People's Republic (Including Danzig) Rumania South Yemen Union of Soviet Socialist Republics Viet Nam
[T.D. 87-1, 52 FR 255, Jan. 5, 1987, as amended by T.D. 91-60, 56 FR 32085, July 15, 1991; T.D. 00-22, 65 FR 16515, Mar. 29, 2000; CBP Dec. 17-06, 82 FR 32237, July 13, 2017]
```

[106th Congress Public Law 440]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ440.106]

[[Page 114 STAT. 1924]]

Public Law 106-440
106th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
2108 East 38th Street in Erie, Pennsylvania, as the ``Gertrude A. Barber 
     Post Office Building''. <<NOTE: Nov. 6, 2000 -  [H.R. 4625]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 2108 
East 38th Street in Erie, Pennsylvania, shall be known and designated as 
the ``Gertrude A. Barber Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Gertrude A. Barber Post 
Office Building''.

    Approved November 6, 2000.

LEGISLATIVE HISTORY--H.R. 4625:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 146 (2000):
            Sept. 19, considered and passed House.
            Oct. 24, considered and passed Senate.

                                  <all>
```
Exhibit 4.1



                        WRITTEN CONSENT OF THE DIRECTORS
                                       OF
                       P.D.C. INNOVATIVE INDUSTRIES, INC.

         The undersigned, constituting all of the directors of P.D.C. Innovative
Industries, Inc., a Nevada corporation, (the "Corporation"), hereby adopts the
following resolutions pursuant to Section 78.315 of the Nevada General
Corporation Law:

         WHEREAS, in accordance with applicable Nevada corporate law, the Board
of Directors deems it to be in the best interests of the Corporation to
authorize: (i) the issuance of 400,000 shares of the Corporation's common stock
to a certain employee of the Corporation in lieu of salary for having provided
and continuing to provide services to the Corporation as an employee of a
non-capital raising nature; and (ii) the issuance of 700,000 shares of the
Corporation's common stock to legal counsel to the Corporation for having
provided and continuing to provide legal consulting services to the Corporation
of a non-capital raising nature; (all of such shares, aggregating 1,100,000, are
collectively referred to herein as the "Shares");

         NOW, THEREFORE, BE IT RESOLVED, that the Corporation cause the issuance
of the Shares to such persons pursuant to a Form S-8 Registration Statement to
be filed by the Corporation's legal counsel with the U.S. Securities and
Exchange Commission; and that each and every officer of the Corporation is
authorized to do and perform, or cause to be done and performed, any and all
actions and things which may be necessary, desirable or convenient to effectuate
the purposes and intents of the foregoing resolution.


Dated as of January 17, 2003



                                                     /s/ Sandra Sowers
                                                     --------------------------
                                                     Sandra Sowers, Director


                                                     /s/ Fern Marlene Kennedy
                                                     --------------------------
                                                     Fern Marlene Kennedy
#### § 1215.11 Nonwaiver of rights.

An employee's involuntary payment of all or any part of a debt collected under these regulations will not be construed as a waiver of any rights that employee may have under 5 U.S.C. 5514 or any other provision of contract law unless there are statutes or contract(s) to the contrary.
§ 201.34 Definitions. For the purpose of this subpart: ( a ) ( 1 ) Except as hereinafter provided, the term *meeting* means the deliberations of at least the number of individual Commissioners required to take action on behalf of the Commission where such deliberations determine or result in the joint conduct or disposition of official Commission business.
( 2 ) The consideration by individual Commissioners of business which is circulated sequentially in writing (circulation by “action jacket”) is not considered a meeting under paragraph (a)(1) of this section because circulation by action jacket does not determine or result in the joint conduct or disposition of Commission business until ratification thereof by formal vote of the Commissioners in a meeting as defined by paragraph (a)(1) of this section, although action proposed by action jacket may be taken before or after formal ratification thereof by vote at a Commission meeting.
( 3 ) Conference telephone calls among the Commissioners are considered meetings as defined by paragraph (a)(1) of this section if they involve the number of Commissioners requisite for Commission action, and where the deliberations of the Commissioners determine or result in the joint conduct or disposition of official Commission business.
( 4 ) Deliberations of a majority of the entire membership of the Commission with the *sole* purpose of determining whether or not to call a meeting at a date earlier than the requisite public notice period as specified in § 201.35 of this subpart are not considered to constitute a meeting or portion of a meeting as defined by paragraph (a)(1) of this section.
( 5 ) Deliberations of a majority of the entire membership of the Commission with the *sole* purpose of determining whether or not to close a portion or portions of a meeting or series of meetings pursuant to § 201.36 of this subpart are not considered to constitute a meeting or portion of a meeting within the meaning of paragraph (a)(1) of this section.
( 6 ) Deliberations of a majority of the entire membership of the Commission with the *sole* purpose of determining whether or not to change the subject matter of a publicly announced meeting, or to change the determination of the Commission to open or close a meeting, or portion thereof, to the public, following a public notice, as permitted under § 201.37(b) of this subpart, are not considered to constitute a meeting or portion of a meeting under paragraph (a)(1) of this section.
( b ) The terms *Secretary* and *General Counsel* mean the Secretary and General Counsel of the Commission and their respective designees within their respective offices.
[63 FR 29348, May 29, 1998, as amended at 80 FR 39380, July 9, 2015]
### §1202. Definitions

For the purpose of this chapter—

(1) "Secretary" means the Secretary of the Department in which the Coast Guard is operating;

(2) "power-driven vessel" means any vessel propelled by machinery; and

(3) "towing vessel" means any commercial vessel engaged in towing another vessel astern, alongside, or by pushing ahead.

(Pub. L. 92–63, §3, Aug. 4, 1971, 85 Stat. 164.)

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

#### Effective Date

Section effective May 1, 1971, or six months after the promulgation of regulations which would implement its provisions, whichever is later, see section 10 of Pub. L. 92–63, set out as a note under section 1201 of this title.

#### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.