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

###### Federal Communications Commission

          - 47 CFR Part 73
          - [DA 04-3814; MB Docket No. 04-214; RM-10992]

# AGENCY:

Federal Communications Commission.

# ACTION:

Final rule.

# SUMMARY:

                        In response to a                         *Notice of Proposed Rule Making,*69 FR 35564 (June 25, 2004), this                         *Report and Order*                         dismisses the Petition for Rule Making in MB Docket No. 04-214 proposing to allot Channel 249A at Jackson, Wyoming. No expression of interest was filed in this proposal.                    

# FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Media Bureau (202) 418-2180.

# SUPPLEMENTARY INFORMATION:

                    This is a synopsis of the Commission's Report and Order, MB Docket No. 04-214, adopted December 1, 2004, and released December 3, 2004. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC's Reference Information Center at Portals II, 445 12th Street, SW., Room CY-A257, Washington, DC 20554. The document may also be purchased from the Commission's duplicating contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554, telephone 1-800-378-3160 or                     *http://www.BCPIWEB.com*. This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Report and Order to GAO, pursuant to the Congressional Review Act,                     *see*5 U.S.C. 801(a)(1)(A) because the proposed rule was dismissed, herein.)                

Federal Communications Commission.

John A. Karousos,

Assistant Chief, Audio Division, Media Bureau.

[FR Doc. 04-27792 Filed 12-17-04; 8:45 am]

BILLING CODE 6712-01-P
### §3030f. Program authorized

The Assistant Secretary shall establish and carry out a program to make grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects for older individuals that provide—

(1) on 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by rule) and a lesser frequency is approved by the State agency) at least 1 home delivered meal per day, which may consist of hot, cold, frozen, dried, canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals that the recipient of a grant or contract under this subpart elects to provide; and

(2) nutrition education, nutrition counseling, and other nutrition services, as appropriate, based on the needs of meal recipients.

(Pub. L. 89–73, title III, §336, as added Pub. L. 95–478, title I, §103(b), Oct. 18, 1978, 92 Stat. 1536; amended Pub. L. 102–375, title III, §314, Sept. 30, 1992, 106 Stat. 1238; Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990; Pub. L. 109–365, title III, §314, Oct. 17, 2006, 120 Stat. 2548; Pub. L. 114–144, §4(h), Apr. 19, 2016, 130 Stat. 339.)

#### **Editorial Notes**

#### Amendments

2016—Par. (1). Pub. L. 114–144 substituted "canned, or fresh foods and, as appropriate, supplemental foods, and any additional meals" for "canned, fresh, or supplemental foods and any additional meals".

2006—Pub. L. 109–365 amended section generally. Prior to amendment, text read as follows: "The Assistant Secretary shall carry out a program for making grants to States under State plans approved under section 3027 of this title for the establishment and operation of nutrition projects for older individuals which, 5 or more days a week (except in a rural area where such frequency is not feasible (as defined by the Assistant Secretary by regulation) and a lesser frequency is approved by the State agency), provide at least one home delivered hot, cold, frozen, dried, canned, or supplemental foods (with a satisfactory storage life) meal per day and any additional meals which the recipient of a grant or contract under this subpart may elect to provide."

1993—Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner" in two places.

1992—Pub. L. 102–375 inserted "(except in a rural area where such frequency is not feasible (as defined by the Commissioner by regulation) and a lesser frequency is approved by the State agency)" after "week" and struck out before period at end ", each of which assures a minimum of one-third of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Academy of Sciences-National Research Council".

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

#### Effective Date

Section effective at close of Sept. 30, 1978, see section 504 of Pub. L. 95–478, set out as an Effective Date of 1978 Amendment note under section 3001 of this title.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 20275 Summary Calendar

FELICIA N. JONES , Plaintiff

- Appellant

v.
UNITED STATES POSTAL SERVICE , Defendant

- Appellee

Appeal s from the United States District Court for the Southern District of Texas USDC No. 4:12

- MC

- 634

Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: *
Felicia N. Jones , who is subject to a preclusion order in the Southern District of Texas , has filed a motion to proceed in forma pauperis (IFP) to appeal the district court’s order den ying her motion seeking “ reconsideration ” of the court’s order den ying her motion for leave to file a complaint and to appeal the district court’s subsequent order striking additional motions

. Because Jones has failed to present any coherent challenge to the district

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances se t forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED February 13, 2014 Lyle W. Cayce Clerk Case: 13-20275 Document: 00512532055 Page: 1 Date Filed: 02/13/2014No. 13

- 20275

court’s orders , she has “effectively abandoned” those claims. Mapes v. Bishop , 541 F.3d 582, 584 (5th Cir. 2008)

. Jones has not shown that her appeal “involves ‘legal points argua ble on their merits (and therefore not frivolous).’” Howard v. King , 707 F.2d 215, 220 (5th Cir. 1983) (citations omitted). Jones’s motion to proceed IFP is denied. Because the appeal is frivolous, it is dismissed. See 5 TH C IR

. R. 42.2. This court has issued two prior sanction warnings to Jones, warning her that any future frivolous pleadings filed by her in this court or in any court subject to the jurisdiction of this court would subject her to sanctions and instructing Jones to review any pending ma tters to ensure that they are not frivolous. See Jones v. Greenway Mercedes , 534 F. App’x 244 (5th Cir. 2013);
Jones v. Vouitton , No. 12

- 20562, 2013 WL 5916782, at *1 (5th Cir. May 28, 2013) (unpublished). In the light of Jones’s failure to heed our prev ious warnings, we conclude that sanctions are appropriate. Jones is ordered to pay $100 to the clerk of this court. Until this sanction is paid in full, Jones is barred from filing, in this court or any court subject to this court’s jurisdiction, any ple ading without first seeking and obtaining leave of the forum court. Jones is warned that future frivolous filings will invite the imposition of progressively more severe sanctions, which may include dismissal, monetary sanctions, and restrictions on her a bility to file pleadings in this court and any court subject to this court’s jurisdiction. Jones should review any pending matters and move to dismiss any that are frivolous. APPEAL DISMISSED AS FRIVOLOUS; MOTION DENIED; SANCTION IMPOSED; SANCTION WARNIN G ISSUED.

2 Case: 13-20275 Document: 00512532055 Page: 2 Date Filed: 02/13/2014
#### Louis Fazzolari, Individually and as Administrator of the Estate of Stella Fazzolari, Deceased, Respondent, v City of Niagara Falls et al., Respondents, and O’Brien-Kreitzberg & Associates, Inc., Appellant.

[715 NYS2d 823]

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Louis Fazzolari (plaintiff) was injured when he fell from scaffolding during the construction of a water treatment facility. Defendant City of Niagara Falls (City) contracted with defendant O’Brien-Kreitzberg & Associates, Inc. (OKA) to act as the construction manager on the project. OKA appeals from an order of Supreme Court that, *inter alia,*denied that part of its motion seeking summary judgment dismissing the City’s cross claims and granted the cross motion of the City seeking summary judgment on its cross claims against OKA.

The court erred in granting that part of the cross motion of the City seeking summary judgment on its cross claim alleging that OKA breached its contractual obligation to procure liability insurance naming the City as an additional insured. We conclude that there is an issue of fact whether OKA properly procured insurance to protect the City against claims arising from OKA’s construction management responsibilities only, or whether OKA was obligated to procure insurance to protect the City against all claims that may arise during the construction of the facility *(see generally, Zuckerman v City of New York,*49 NY2d 557, 562).

The court further erred in granting that part of the cross motion of the City seeking summary judgment on its cross claim for contractual indemnification, and in denying that part of OKA’s motion seeking summary judgment dismissing that cross claim. The contract between the City and OKA provides that OKA must indemnify the City for any claim or lawsuit “arising directly or indirectly out of or in consequence of this Agreement or the work or activities undertaken pursuant hereto.” The contract specifically exempts OKA from any responsibility for “construction means, methods, techniques, including construction site safety, all of which shall remain the sole responsibility of the construction contractors or contractors” *(see generally, Felker v Corning Inc.,*90 NY2d 219, 226). OKA did not supervise, direct or control the work at the project and had no responsibility for worksite safety, and plaintiff’s injuries were not related to the construction management services provided by OKA under its contract with the City. Thus, the City is not entitled to contractual indemnification from OKA.

*963Therefore, we modify the order by denying the City’s cross motion and granting that part of OKA’s motion seeking summary judgment dismissing the City’s cross claim for contractual indemnification. (Appeal from Order of Supreme Court, Niagara County, Joslin, J. — Summary Judgment.) Present — Hayes, J. P., Scudder, Kehoe and Lawton, JJ.
#### § 270.8b-31 Omission of substantially identical documents.

In any case where two or more indentures, contracts, franchises, or other documents required to be filed as exhibits are substantially identical in all material respects except as to the parties thereto, the dates of execution, or other details, copies of only one of such documents need be filed, with a schedule identifying the other documents omitted and setting forth the material details in which such documents differ from the documents filed. The Commission may at any time in its discretion require the filing of copies of any documents so omitted.

[18 FR 8576, Dec. 19, 1953]
#### §§ 1103.112-1103.129 [Reserved]
### §3764. Transferred

#### **Editorial Notes**

#### Codification

Section 3764 was editorially reclassified as section 10182 of Title 34, Crime Control and Law Enforcement.
**Exhibit11**

**MARKWESTHYDROCARBON, INC.**

**COMPUTATIONOF EARNINGS PER COMMON SHARE**

**(inthousands, except per share data)**

 
|                                                           |   | **Three  Months Ended**                           |   | **Six Months Ended** |   |
|----------------------------------------------------------------|--------|---------------------------------------------------|--------|----------------------|--------|
|                                                           |   | **June 30,**                                      |   | **June 30,**         |   |
|                                                           |   | **2003**                                          |   | **2002**             |   | **2003** |   | **2002** |   |
|                                                           |   | **(****in thousands, except per share data****)** |   |
| Net income (loss)                                              |   | $                                                 | 9,979  |                 | $      | (2,075 | ) | $ | 8,937 |   | $ | (1,898 | ) |
| Weighted average number of  outstanding shares of common stock |   | 9,351                                             |   | 9,369                |   | 9,356 |   | 9,356 |   |
| Basic earnings (loss) per  share                               |   | $                                                 | 1.07   |                 | $      | (0.22 | ) | $ | 0.96 |   | $ | (0.20 | ) |
|                                                           |   |                                              |   |                 |   |   |   |   |   |
| Net income (loss)                                              |   | 9,979                                             |   | (2,075               | )      | 8,937 |   | $ | (1,898 | ) |
| Weighted average number of  outstanding shares of common stock |   | $                                                 | 9,351  |                 | $      | 9,369 |   | $ | 9,356 |   | 9,356 |   |
| Dilutive stock options                                         |   | 20                                                |   | 33                   |   | 20 |   | 25 |   |
| Earnings (loss) per share  assuming dilution                   |   | $                                                 | 1.06   |                 | $      | (0.22 | ) | $ | 0.95 |   | $ | (0.20 | ) |
|                                                           |   |                                              |   |                 |   |   |   |   |   |

 

 

----
#### The People of the State of New York ex rel. Jacob Wissenfeld, Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, Respondent.

Application granted and appeal from order of Wyoming County Court entered April 21, 1961 dismissed. Motion granted to prosecute appeal from order of *738Wyoming County Court entered January 15, 1962 on original papers, typewritten briefs, and Irving D. Brott, Jr., Esq., assigned as counsel.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED June 25, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-30163 Conference Calendar

WILLIE GEORGE MCDONALD, Petitioner-Appellant,

versus JOSEPH M. HARO, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Louisiana

USDC No. 02-CV-1785

-------------------- Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM: * Willie George McDonald, federal prisoner # 19369-077, has filed a 28 U.S.C. § 2241 petition challenging his guilty-plea conviction for distribution of heroin. He asserts that his conviction and sentence are invalid under Apprendi v. New Jersey , 530 U.S. 466 (2000). Apprendi does not apply retroactively to cases on collateral review, and an Apprendi violation does not satisfy the test for filing a 28 U.S.C. § 2241 petition under the “savings clause” of 28 U.S.C. § 2255. Wesson v. U.S.No. 03-30163 -2- Penitentiary Beaumont, Tex. , 305 F.3d 343, 347-48 (5th Cir. 2002), cert. denied , 123 S. Ct. 1374 (2003). The judgment of the district court is AFFIRMED.
#### § 34.20 Suspension.

The suspension of collection action shall be made in accordance with the standards set forth in the FCCS, 31 CFR 903.1-903.2
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.                  

###### National Credit Union Administration

# TIME AND DATE:

10 a.m., Thursday, December 16, 2004.

# PLACE:

Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, VA 22314-3428.

# STATUS:

 Open.

# MATTERS TO BE CONSIDERED: 

1. Missouri Member Business Loan Rule Proposed Changes.

2. Texas Member Business Loan Rule Proposed Changes.

3. National Credit Union Share Insurance Fund (NCUSIF) Operating Level for 2005.

# RECESS:

11:15a.m.

# TIME AND DATE:

 11:30 a.m., Thursday, December 16, 2004.

# PLACE:

 Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, Va 22314-3428.

# STATUS: 

Closed.

# MATTERS TO BE CONSIDERED: 

                        1. Administrative Action under section                               ( print page 72223)                            206(g)(7) of the Federal Credit Union Act. Closed pursuant to exemptions (6) and (8).                    

# FOR FURTHER INFORMATION CONTACT:

 Mary Rupp, Secretary of the Board, telephone: (703) 581-6304.

Mary Rupp,

Secretary of the Board.

[FR Doc. 04-27390  Filed 12 -9-04; 3:47 pm]

BILLING CODE 7535-01-M
### §3502a. Administrator of Social and Rehabilitation Service; appointment and confirmation

Appointments made on or after October 30, 1972, to the office of Administrator of the Social and Rehabilitation Service, within the Department of Health and Human Services, shall be made by the President, by and with the advice and consent of the Senate.

(Pub. L. 92–603, title II, §294, Oct. 30, 1972, 86 Stat. 1459; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695.)

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

#### Change of Name

"Department of Health and Human Services" substituted in text for "Department of Health, Education, and Welfare" pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
Stay Back. Studies have shown that seabirds and marine mammals may flee

their colonies when closely approached by humans. Please do not approach

rocks and islands closer than 500 feet, in boats or on foot. Aircraft are requested

to maintain a minimum of 2,000 feet above the rocks and islands at all times.

Use Caution. Approach and depart areas near rocks and islands cautiously.

Minimize noise and abrupt movements.

Observe. Take a few moments to observe the birds and mammals. If you see

animals bobbing their heads, making alarm calls or departing from the colony,

you are too close and should move away immediately.

Conditions Change. Don’t assume a safe operating distance one day will be the

same as the next, even at the same site. Be cautious and observant every time out.

Wildlife Harassment is Against the Law. Federal and State laws prohibit harassment

of seabirds and marine mammals. Violators will be cited. Help protect Oregon’s

wildlife by reporting suspected violators to the Refuge Manager (541) 867-4550.

Tenyo Maru Oil Spill

In July, 1991, the Japanese fishing vessel Tenyo Maru and the Chinese freighter Tuo Hai collided in heavy

fog northwest of Cape Flattery, Washington. The Tenyo Maru sank immediately, releasing 475,000 gallons

of oil and fuel that killed thousands of seabirds. This education panel was funded by the Tenyo Maru

Natural Resource Trustees as one of a number of restoration projects designed to educate the public and to

restore natural resources, particularly migratory birds injured by the oil spill. The Trustees include the U.S.

Fish and Wildlife Service, the Natural Oceanic and Atmospheric Administration, the Makah Indian Tribe

and the State of Washington.

Seabirds and marine mammals are extremely sensitive to human disturbance.

Because they view humans as predators, they will not tolerate close approach

at any time. Disturbance often causes adults to flee their colonies, which can

result in losses of eggs and young or complete colony abandonment.

Help Protect Marine Wildlife

Marine Wildlife Need

Places Free

from Disturbance

All rocks, reefs and islands

along the Oregon coast are

part of the Oregon Islands

National Wildlife Refuge or

Three Arch Rocks National

Wildlife Refuge. Managed by

the U.S. Fish and Wildlife

Service, these refuges are

closed to public access at

all times.

Most rocks and islands

along the coasts of Washington

and California are also closed

to public access at all times.

When visiting these states,

please stay a safe distance

away from rocks and islands

to prevent disturbance to

sensitive wildlife.

Seabirds and marine mammals are especially

vulnerable to disturbance during the breeding season

which extends from April through September.

The Oregon coast is home to over a million nesting

seabirds and tens of thousands of seals and sea lions.

They depend on coastal rocks, islands and steep

mainland cliffs where they are protected from

mammalian predators.

 Roy W. Lowe
Bureau of Land Management Forest Service
Bureau of Reclamation Private
Department of Defense State

Fish and Wildlife Water

NO WARRANTY IS MADE BY THE BLM FOR USE OF THE DATA FOR PURPOSES NOT INTENDED BY BLM

0 10 20 40 60 80 100

Miles

Map 1-2

Surface Administration
#### Arnold Schildhaus et al., Appellants, v. Leofreed Realty Corp. et al., Respondents, et al., Defendants.

Order, so far as appealed from, unanimously affirmed, with $20 costs and disbursements to the respondents. No opinion. Concur — Botein, P. J., Breitel, Rabin, McNally and Eager, JJ.
Editorial Note on Part 201
Editorial Note: Nomenclature changes to part 201 appear at 62 FR 38027, July 16, 1997.

§ 201.68 Maximum prices for commodity-related services. ( a ) The price for an USAID-financed commodity-related service, other than ocean or air transportation, shall not exceed the lower of: ( 1 ) The prevailing price, if any, for the same or similar services; or
( 2 ) The price paid to the supplier under similar circumstances by other customers.
( b ) The eligible price of services covered by an NVOCC bill of lading is limited to the sum of the costs of individual delivery services eligible under § 201.13 of this part, and only to the extent that the cost of each such service is eligible for USAID-financing under § 201.67 or § 201.68(a) of this part.