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

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-60456

Summary Calendar

MIGUEL ANGEL CRUZ-MELGAR

Petitioner

v.

ERIC H HOLDER, JR., U S ATTORNEY GENERAL

Respondent

Petition for Review of an Order of the

Board of Immigration Appeals

BIA No. A99 523 882

Before HIGGINBOTHAM, BARKSDALE, and HAYNES, Circuit Judges.

PER CURIAM:*

Miguel Angel Cruz-Melgar, a minor, petitions for review of the decision of

the Board of Immigration Appeals (BIA) denying his application for asylum. 

Cruz contends, as the Immigration Judge (IJ) concluded, that his application

should have been granted because he will be persecuted on account of his

membership in a particular social group consisting of young Honduran males

United States Court of Appeals

Fifth Circuit

F I L E D

June 22, 2009

Charles R. Fulbruge III

Clerk
No. 08-60456

2

targeted by gangs for recruitment. (Because Cruz has not challenged the BIA’s

conclusion that he was not entitled to withholding of removal or relief under the

Convention Against Torture, any such claims are abandoned. See Soadjede v.

Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).)

 In reviewing decisions of the BIA, we review questions of law de novo but

defer “to the BIA's interpretation of immigration statutes unless the record

reveals compelling evidence that the BIA's interpretation is incorrect”. GomezPalacios v. Holder, 560 F.3d 354, 358 (5th Cir. 2009). Findings of fact are

reviewed for substantial evidence. Id. “This court reviews the order of the BIA

and will consider the underlying decision of the IJ only if it influenced the

determination of the BIA.” Id. 

Cruz contends the BIA erred in failing to consider the history of

harassment and mistreatment suffered by Cruz and his family at the hands of

gang members. Cruz maintains the BIA should have considered documentary

evidence showing the Honduran population in general has problems with gang

members and young men are typically recruited for gang membership. Cruz has

not established the evidence compels a contrary conclusion from that reached by

the BIA. See Eduard v. Ashcroft, 379 F.3d 182, 190 (5th Cir. 2004). 

DENIED.
### §16351. Availability of funds

Funds authorized to be appropriated to the Department under this Act or an amendment made by this Act shall remain available until expended.

(Pub. L. 109–58, title IX, §987, Aug. 8, 2005, 119 Stat. 910.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, is Pub. L. 109–58, Aug. 8, 2005, 119 Stat. 594, known as the Energy Policy Act of 2005, which enacted this chapter and enacted, amended, and repealed numerous other sections and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 15801 of this title and Tables.
#### § 700.8 Warrantor's decision as final.

A warrantor shall not indicate in any written warranty or service contract either directly or indirectly that the decision of the warrantor, service contractor, or any designated third party is final or binding in any dispute concerning the warranty or service contract. Nor shall a warrantor or service contractor state that it alone shall determine what is a defect under the agreement. Such statements are deceptive since section 110(d) of the Act, 15 U.S.C. 2310(d), gives state and federal courts jurisdiction over suits for breach of warranty and service contract.

[42 FR 36114, July 13, 1977, as amended at 80 FR 42721, July 20, 2015]
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 Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under Public Law 92-463 (Federal Advisory Committee Act) that a meeting of the VA Vocational Rehabilitation and Employment (VR&E) Task Force will be held on Thursday, February 18, 2004, at the Paralyzed Veterans of America (PVA) National Headquarters, 801 18th Street, NW., Main Conference Room, Washington, DC 20006. The meeting will be open to the public.

The purpose of the Task Force is to conduct an independent review of the VR&E program within the Veterans Benefits Administration. The Task Force will provide recommendations to the Secretary of Veterans Affairs on improving the Department's ability to deliver employment and vocational rehabilitation services to veterans with service-connected disabilities and employment handicaps.

The principal purpose of the meeting is to conduct final deliberations on those recommendations contained in the Task Force report which will be formally presented to the Secretary of Veterans Affairs in the near future. The meeting will convene at 10 a.m. and conclude after the Task has completed discussions on the report.

                    No time will be allocated for receiving oral presentations from the public. Members of the public may submit written comments for review by the Task Force to Mr. John O'Hara, Designated Federal Officer, Vocational Rehabilitation and Employment Task Force, c/o Office of Policy, Planning, and Preparedness (008B), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Mr. O'Hara's e-mail is                     *john.o'hara@mail.va.gov*                     and his fax number is (202) 273-5991.                

Dated: February 2, 2004.

By Direction of the Secretary.

E. Philip Riggin, 

Committee Management Officer.

[FR Doc. 04-2686  Filed 2-9-04; 8:45 am]

BILLING CODE 8320-01S-M
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-93,579-01

IN RE ROLANDO RAM IREZ, Re lator

ON AP P LICATION FOR A WRIT OF M ANDAM US CAUSE NO. 2016-DCR- 01853-C IN THE 197TH DIS TRICT COURT

F ROM CAM ERON COUNTY

Per curiam . O R D E R Relator has filed a motion for leave to file an application for a writ of mandamus under this Court’s orig inal jurisdiction. He contends that he filed an application for a writ of habea s corpus in Cameron County

and his applica

tion has not been prope rly forwa rded to this Court. Respondent, the District Clerk of Cameron County , shall forwa rd Relator’s habea s application to this Court, respond that Relator has not filed a habea s application in Cameron County , or forwa rd a copy of an order desig nating issues toge ther with corr espondenc e documenting the date the State rec eived Relator’s habea s application. See T E X . C O D E C R I M . P R O C . art. 11.07, § 3(c) and (d); T E X . R. A P P . P. 73.4(b)( 5). This motion for leave to file will be held. Respondent shall comply with this order within thirty day s from the da

te of this order

.2

Filed: Mar ch 16, 2022 Do not publish
Hi Scott, as far as I know, we do not have a complete and formalized list of 

facilities that are subject to each of our rules. We normally search various 

databases and trade association lists to compile lists. As long as your state 

agency has delegating authority of the Title V program and you have made them 

aware of the changes, you should be fine from a compliance standpoint. If you 

should receive anything from EPA, please respond with the updated information 

and send in copies of your current permit or permit application verifying the 

modifications. Let me know if you have any other questions.

Rochelle Boyd, Environmental Engineer

U.S. Environmental Protection Agency

Office of Air Quality Planning and Standards

Sector Policies and Programs Division

109 T.W. Alexander Drive, RTP, NC 27711

Mail Drop D243-02

Ph: (919) 541-1390 Fax: (919) 541-3207

Email: boyd.rochelle@epa.gov

From:

"Scott Patterson" 

<55sp@loxcreen.com>

To: <boyd.rochelle@epa.gov>

Cc: <55sp@loxcreen.com>

Date: 09/20/2010 04:05 PM

Subject: RRR Mact

Rochelle, 

The Loxcreen Company in Hayti Missouri is an Aluminum Extrusion Manufacturing Facility. Our Missouri 

Plant Number is 0045, Our FIPS County Number is 155. Loxcreen currently operates under the Title V ( 

Major) Missouri Part 70 Permit. In 2009 due to the economy’s economic impact Loxcreen made 

reorganized changes to its production status. Part of that change was to shutdown the ReMelt Facility 

which operates under the (secondary aluminum)RRR MACT. There has been no activity at ReMelt since 

December of 2009. There are no personnel and electrical power and gas lines have also been removed. 

There is no intent to reopen this unit. The Missouri Operating Permit has an expiration date of April 16, 

2011 therefore I have started the renewal process. The Renewal application will not have Re-Verbatory 

furnace as part of the new permit. After permit consultation with The Missouri Department Of Natural 

Resources it was suggested to request from EPA to be removed from the secondary aluminum MACT 

(RRR ). 

Could you Please help locate the proper procedure for completing this removal? 

Thank You, 

Scott Patterson 

Loxcreen Company Inc. 

Hayti, Missouri 63851 

Environmental Services Mgr. 

Phone 573-359-2282-ext 18 

Fax 573-359-6361 

Cell 573-391-3158 

55sp@loxcreen.com
§ 147.6 Special procedure for closing certain meetings. ( a ) Any meeting or portion of meeting that may properly be closed to the public pursuant to § 147.3(b) (4), (8), (9)(i), (9)(ii) or (10), or any combination thereof, may be closed if a majority of Commissioners votes by recorded vote at the beginning of such meeting, or portion thereof, to close the exempt portion or portions of the meeting.
( b ) The provisions of § 147.4, and of § 147.5 (a), (b), (c), (d), (e), (f) and (h) shall not apply to any portion of a meeting to which paragraph (a) of this section is applied. The provisions of § 147.5(g) and (i) shall apply to any such portions of meetings.
( c ) A written copy of all votes taken pursuant to paragraph (a) of this section reflecting the vote of each Commissioner on the question shall be made available for public inspection in the Office of the Secretariat at the Commission's Washington, DC headquarters.
( d ) The Commission shall, except to the extent that such information is exempt from disclosure under the provisions of § 147.3(b), make public announcement at the earliest practicable time of the time, place, and subject matter of any portion of a meeting to which paragraph (a) of this section is applied. Such public announcement shall be provided, to the extent practicable, through the Commission's public calendar as described in § 147.4(d)(1), and by the Commission's Office of the Secretariat as set forth in § 147.4(d)(2).
[42 FR 13704, Mar. 11, 1977, as amended at 45 FR 26955, Apr. 22, 1980; 60 FR 49336, Sept. 25, 1995; 89 FR 71819, Sept. 4, 2024]
503.1004 Contract clauses.

(a) In accordance with FAR 3.1004(b)(1)(i), GSA has established a lower threshold for the inclusion

of FAR clause at 52.203-14. Insert the clause in solicitations and contracts funded with disaster

assistance funds expected to be at or above $1,000,000.

(b) The information required by FAR 3.1004(b)(2) is as follows:

(1) Poster. GSA Office of Inspector General “FRAUDNET HOTLINE”.

(2) Contact information. The Contractor can obtain the poster from the Contracting Officer.

Parent topic: Subpart 503.10 - Contractor Code of Business Ethics and Conduct
§ 145.1 Information published in the Federal Register. Except as provided in § 145.5, pertaining to nonpublic matters, the following materials shall be published in the Federal Register for the guidance of the public: ( a ) Description of the Commission's central and field organization and the established place at which, the employees from whom, and the methods whereby the public may obtain information, make submittals or requests, or obtain decisions;
( b ) Statements of the general course and method by which the Commission's functions are channeled and determined, including the nature and requirements of all formal and informal procedures available;
( c ) Rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;
( d ) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the Commission; and
( e ) Each amendment, revision, or repeal of the foregoing.
[41 FR 16290, Apr. 16, 1976]
#### § 971.426 Annual report and records maintenance.

Each permit will require the permittee to submit an annual report and maintain information in accordance with § 971.801 including compliance with the commercial recovery plan and the quantities of hard mineral resources recovered and the disposition of such resources.
### §15083. Authorization of appropriations

#### (a) In general

There are authorized to be appropriated to carry out the projects specified in this section $16,000,000 for fiscal year 2001, and such sums as may be necessary for each of fiscal years 2002 through 2007.

#### (b) Use of funds

#### (1) Grants, contracts, and agreements

Except as provided in paragraph (2), the amount appropriated under subsection (a) for each fiscal year shall be used to award grants, or enter into contracts, cooperative agreements, or other agreements, under section 15082 of this title.

#### (2) Administrative costs

Not more than 1 percent of the amount appropriated under subsection (a) for each fiscal year may be used to provide for the administrative costs (other than compensation of Federal employees) of the Administration on Developmental Disabilities for administering this part and parts B, C, and D, including monitoring the performance of and providing technical assistance to, entities that receive funds under this subchapter.

#### (c) Technical assistance for Councils and Centers

#### (1) In general

For each covered year, the Secretary shall expend, to provide technical assistance for entities funded under part B or D, an amount from funds appropriated under subsection (a) that is not less than the amount the Secretary expended on technical assistance for entities funded under that part (or a corresponding provision) in the previous fiscal year.

#### (2) Covered year

In this subsection, the term "covered year" means—

(A) in the case of an expenditure for entities funded under part B, a fiscal year for which the amount appropriated under section 15029(a) of this title is less than $76,000,000; and

(B) in the case of an expenditure for entities funded under part D, a fiscal year prior to the first fiscal year for which the amount appropriated under section 15066(a)(1) of this title is not less than $20,000,000.

#### (3) References

References in this subsection to part D shall not be considered to include section 15063(c)(4) of this title.

#### (d) Technical assistance on electronic information sharing

In addition to any funds reserved under subsection (c), the Secretary shall reserve $100,000 from the amount appropriated under subsection (a) for each fiscal year to carry out section 15063(c)(4) of this title.

#### (e) Limitation

For any fiscal year for which the amount appropriated under subsection (a) is not less than $10,000,000, not more than 50 percent of such amount shall be used for activities carried out under section 15081(2)(A) of this title.

(Pub. L. 106–402, title I, §163, Oct. 30, 2000, 114 Stat. 1727.)
1

ATTACHMENT H

Work Sheets to Calculate Industry and EPA Labor Costs

INDUSTRY LABOR COSTS

Labor Category Formula Managerial Technical Clerical

Unloaded Hourly 

Rate1

= W $48.31 $31.26 $15.78 

Benefits 

Percentage2

Lb = B/W 43% 43% 43%

Benefits per hour B = W*Lb $20.77 $13.44 $6.79 

Loaded Hourly 

Rate

Wb = W + B 

 = W(1+Lb)

$69.08 $44.70 $22.57 

Overhead 

Percentage3

Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo

$34.54 $22.35 $11.28 

Fully Loaded 

Hourly Rate

Wf = Wb + OH

= W + B + OH 

$103.62 $67.05 $33.85 

1. Data Source: http://www.bls.gov/oes/current/naics4_325300.htm 

 Management: 11-0000, Management Occupations

 Technical: 19-0000, Life, Physical, and Social Science Occupations

 Clerical: 43-0000, Office and Administrative Support Occupations

 May 2006 data

2. Fringe benefits/wage per hour.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth 

Edition, EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the 

range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance. 
2

EPA LABOR COSTS

Labor Category Formula Managerial Technical Clerical

Unloaded Hourly Rate1= W $47.16 $31.18 $18.29 

Benefits Percentage2Lb = B/W 43% 43% 43%

Benefits per hour B = W*Lb $20.28 $13.41 $7.86 

Loaded Hourly Rate Wb = W + B 

 = W(1+Lb)

$67.44 $44.59 $26.15 

Overhead Percentage3Lo = OH/Wb 50% 50% 50%

Overhead per hour OH = Wb*Lo

$33.72 $22.29 $13.08 

Fully Loaded Hourly

Rate

Wf = Wb + OH

= W + B + OH 

$101.16 $66.88 $39.23 

1. Data Source: http://www.bls.gov/oes/current/naics4_999100.htm 

 Management: 11-0000, Management Occupations

 Technical: 19-0000, Life, Physical, and Social Science Occupations

 Clerical: 43-0000, Office and Administrative Support Occupations

 May 2006 data

2. Fringe benefits/wage per hour.

3. U. S. Environmental Protection Agency, EPA Air Pollution Control Cost Manual, Sixth 

Edition, EPA-452-02-001, January 2002, pg. 2-34. The loading for indirect costs is within the 

range of 20-70% of the load labor rate (wage + benefits) suggested in EPA guidance.
Subpart 3427.4—Rights in Data and

Copyrights

Parent topic: PART 3427—PATENTS, DATA, AND COPYRIGHTS

3427.409 Solicitation provisions and contract clauses.

(a) The contracting officer must insert the clause at 3452.227–70 (Publication and publicity) in all

solicitations and contracts other than purchase orders.

(b) The contracting officer must insert the clause at 3452.227–71 (Advertising of awards) in all

solicitations and contracts other than purchase orders.

(c) The contracting officer must insert the clause at 3452.227–72 (Use and non-disclosure

agreement) in all contracts over the simplified acquisition threshold, and in contracts under the

simplified acquisition threshold, as appropriate.

(d) The contracting officer must insert the clause at 3452.227–73 (Limitations on the use or

disclosure of Government-furnished information marked with restrictive legends) in all contracts of

third party vendors who require access to Government-furnished information including other

contractors' technical data, proprietary information, or software.
#### George Bagdon, Appellant, v. Philadelphia and Reading Coal and Iron Company, Respondent.

Order modified by striking therefrom the eighth and ninth particulars, and as so modified affirmed, without costs. No opinion.— Jenks, P. J., Carr, Mills, Rich and Putnam, JJ., concurred.
522.1503 Procedures for acquiring end

products on the List of Products Requiring

Contractor Certification as to Forced or

Indentured Child Labor.

Refer matters for investigation under FAR 22.1503(e) to the appropriate Office of Inspector General

Field Office.

Parent topic: Subpart 522.15 - Prohibition of Acquisition of Products Produced by Forced or

Indentured Child Labor
No. 16-005 February 9, 2016

CONTACT: Scott Burnell, 301-415-8200

NRC To Issue South Texas Project New Reactor Licenses,

Following Conclusion of Mandatory Hearing

The Nuclear Regulatory Commission has cleared the way for the agency’s Office of New 

Reactors to issue two Combined Licenses (COL) for Nuclear Innovation North America’s (NINA) 

South Texas Project site in Texas. Based on the mandatory hearing on NINA’s application, the 

Commission found the staff’s review adequate to make the necessary regulatory safety and 

environmental findings.

Following the Commissioners’ direction, the NRC staff will work to issue the COLs promptly. 

The licenses will authorize NINA to build and operate two Advanced Boiling Water Reactors (ABWR) 

at the site near Bay City, Texas. The South Texas Project Nuclear Operating Company already operates 

two reactors at the site. The staff will impose several conditions on the license, including:

 specific actions associated with the agency’s post-Fukushima requirements for Mitigation 

Strategies and Spent Fuel Pool Instrumentation;

 requiring monitoring and analysis of the reactors’ steam dryers during initial plant startup, in 

line with current procedures for existing boiling-water reactors approved to operate at 

increased power levels; and

 setting a pre-startup schedule for post-Fukushima aspects of the new reactor’s emergency 

preparedness plans and procedures.

NINA submitted its application for the licenses on Sept. 20, 2007. The NRC’s Advisory 

Committee on Reactor Safeguards independently reviewed aspects of the application that concern 

safety, as well as the staff’s final safety evaluation report (FSER). The committee provided the results

of its review to the Commission on Feb. 19, 2015. The NRC completed its environmental review and 

issued the final environmental impact statement for the proposed South Texas Project reactors in 

February 2011. The NRC completed and issued the FSER on Sept. 29, 2015. The NRC certified the 

1,300-megawatt ABWR design in 1997; more information on the certification process is available on 

the NRC website.
### §15327. Transferred

#### **Editorial Notes**

#### Codification

Section 15327 was editorially reclassified as section 20927 of Title 52, Voting and Elections.