alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 85, Number 236 (Tuesday, December 8, 2020)]
[Notices]
[Page 79015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27093]


=======================================================================
-----------------------------------------------------------------------

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION


Sunshine Act Meeting

TIME AND DATE: 10:00 a.m., Thursday, December 17, 2020.

PLACE: This meeting will be conducted through a videoconference 
involving all Commissioners. Any person wishing to listen to the 
proceeding may call the number listed below.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Commission will consider and act upon the 
following in open session: Secretary of Labor v. Solar Sources Mining, 
LLC, Docket No. LAKE 2017-0099 (Issues include whether, on remand, the 
Judge's penalty assessment was erroneous.)
    Any person attending this meeting who requires special 
accessibility features and/or auxiliary aids, such as sign language 
interpreters, must inform the Commission in advance of those needs. 
Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

CONTACT PERSON FOR MORE INFORMATION: Emogene Johnson, (202) 434-9935/
(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.
    Phone Number for Listening to Meeting: 1-(866) 236-7472.
    Passcode: 678-100.

    Authority: 5 U.S.C. 552b.

    Dated: December 4, 2020.
Sarah L. Stewart,
Deputy General Counsel.
[FR Doc. 2020-27093 Filed 12-4-20; 4:15 pm]
BILLING CODE 6735-01-P
§ 57.4130 Surface electric substations and liquid storage facilities. The requirements of this standard apply to surface areas only. ( a ) If a hazard to persons could be created, no combustible materials shall be stored or allowed to accumulate within 25 feet of the following: ( 1 ) Electric substations.
( 2 ) Unburied, flammable or combustible liquid storage tanks.
( 3 ) Any group of containers used for storage of more than 60 gallons of flammable or combustible liquids.
( b ) The area within the 25-foot perimeter shall be kept free of dry vegetation.
Exhibit 32.1
                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)


         In connection with the accompanying Quarterly Report of Radale Imports,
Inc. (the "Company") on Form 10-QSB for the quarter ended December 31, 2005 (the
"Report"),  I, Lee D. Dodson,  Chief  Financial  Officer of the Company,  hereby
certify that to my knowledge:

         (1) The Report fully complies with the requirements of Section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. ss.78o(d)); and

         (2) The  information  contained in the Report fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.

Dated:  February 21, 2006
                                                          /s/ Lee D. Dodson
                                                         -----------------------
                                                         Lee D. Dodson
                                                         Chief Financial Officer


         The above  certification is furnished solely pursuant to Section 906 of
the  Sarbanes-Oxley  Act of 2002 (18 U.S.C.  ss.1350)  and is not being filed as
part of the Form 10-QSB or as a separate disclosure document.
### §§151 to 151f. Omitted

#### **Editorial Notes**

#### Codification

Sections 151 to 151f which related to a National Advisory Committee for Aeronautics were omitted pursuant to section 301(a) of Pub. L. 85–568, title III, July 29, 1958, 72 Stat. 432, formerly set out as a note under former section 2472 of Title 42, The Public Health and Welfare, which terminated the Committee and transferred all its functions, powers, duties, and obligations to the National Aeronautics and Space Administration.

Section 151, acts Mar. 3, 1915, ch. 83, 38 Stat. 930; Mar. 2, 1929, ch. 482, 45 Stat. 1451; June 23, 1938, ch. 601, §1107(e), 52 Stat. 1027; 1940 Reorg. Plan No. IV, §7, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1235; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501; May 25, 1948, ch. 335, §1, 62 Stat. 266; Aug. 10, 1949, ch. 412, §12(a), 63 Stat. 591; Aug. 8, 1950, ch. 645, §4, 64 Stat. 419; June 3, 1954, ch. 254, 68 Stat. 170, established National Advisory Committee for Aeronautics, provided for its composition, prescribed compensation of members and duties of Committee, and required reports to Congress.

Section 151a, act Mar. 2, 1929, ch. 482, 45 Stat. 1451, was incorporated in section 151 of this title.

Section 151b, act Aug. 8, 1950, ch. 645, §1, 64 Stat. 418, related to functions of Committee.

Section 151c, act Aug. 8, 1950, ch. 645, §2, 64 Stat. 418, related to transfer of supplies to Committee.

Section 151d, act Aug. 8, 1950, ch. 645, §3, 64 Stat. 418, related to employment of aliens.

Section 151e, act Aug. 8, 1950, ch. 645, §6, 64 Stat. 419, related to availability of appropriations.

Section 151f, act Aug. 8, 1950, ch. 645, §7, 64 Stat. 419, related to prosecution of projects.
#### § 57.22210 In-line filters (I-C mines).

Filters or separators shall be installed on air-lift fan systems to prevent explosive concentrations of dust from passing through the fan.
#### § 57.3400 Secondary breakage.

Prior to secondary breakage operations, the material to be broken, other than hanging material, shall be positioned or blocked to prevent movement which would endanger persons in the work area. Secondary breakage shall be performed from a location which would not expose persons to danger.
Exhibit 99.2


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In  connection  with  the  Quarterly  Report  of The  Deltona  Corporation  (the
"Company")  on Form 10-Q for the period  ending  June 30, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Robert
O.  Moore,  Chief  Financial  Officer of the  Company,  certify,  pursuant to 18
U.S.C.ss.1350, as adopted pursuant to ss.906 of the Sarbanes- Oxley act of 2002,
that:

     (1) The Report fully  complies  with the  requirements  of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

     (2)  The  information  contained  in the  Report  fairly  presents,  in all
material  respects,  the  financial  condition  and result of  operations of the
Company.


/S/ Robert O. Moore
-------------------
Robert O. Moore
Chief Financial Officer

August 14, 2002


<PAGE>
EXHIBIT 32.1



CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of The Dixie Group, Inc. (the "Company") on Form 10-Q for the quarterly period ending June 27, 2009, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel K. Frierson, the Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



(1) the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2) the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/DANIEL K. FRIERSONDaniel K. Frierson, Chief Executive Officer
Date:  July 30, 2009



A signed original of this written statement required by Section 906 has been provided to The Dixie Group, Inc. and will be retained by The Dixie Group, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

AR/Research

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

BASTIAN HUTAPEA; UMEISA

SINAMBELA,

 Petitioners,

 v.

ERIC H. HOLDER Jr., Attorney General,

 Respondent.

No. 06-71619

Agency Nos. A096-346-398

 A096-346-399

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted December 15, 2009** 

Before: GOODWIN, WALLACE, and FISHER, Circuit Judges.

Bastian Hutapea and his wife, Umeisa Sinambela, natives and citizens of

Indonesia, petition for review of the Board of Immigration Appeals’ order

dismissing their appeal from an immigration judge’s decision denying their

FILED

JAN 08 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
AR/Research 2 06-71619

application for asylum, withholding of removal, and protection under the

Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C.

§ 1252. We review for substantial evidence the agency’s adverse credibility

determination, Gui v. INS, 280 F.3d 1217, 1225 (9th Cir. 2002), and dismiss in part

and deny in part the petition for review. 

We lack jurisdiction to review the agency’s determination that petitioners

failed to demonstrate changed circumstances excusing the untimely filing of their

asylum application because the underlying facts are disputed. Cf. Ramadan v.

Gonzales, 479 F.3d 646, 650 (9th Cir. 2007) (per curiam). Accordingly, we

dismiss the petition as to the asylum claim.

Substantial evidence supports the agency’s adverse credibility determination

because Hutapea’s testimony about the harm his mother-in-law suffered was

materially inconsistent with his prior testimony and declarations. See Kohli v.

Gonzales, 473 F.3d 1061, 1071 (9th Cir. 2007). In the absence of credible

testimony, Hutapea failed to establish eligibility for withholding of removal. See

Farah v. Ashcroft, 348 F.3d 1153, 1156 (9th Cir. 2003). 

Finally, because Hutapea’s CAT claim is based on the same testimony the

agency found not credible, and he points to no other evidence the agency should
AR/Research 3 06-71619

have considered, substantial evidence supports the agency’s denial of CAT relief. 

See id. at 1156-57. 

PETITION FOR REVIEW DISMISSED in part; DENIED in part.
U.S. Department

of Transportation

Federal Aviation

Administration

800 Independence Ave., S.W.

Washington, D.C. 20591

Declaration of Associate Administrator for Airports

I, D. Kirk Shaffer, holding the position of Associate Administrator for Airports, hereby declares as

follows pursuant to the provisions of28 U.S.C. § 1746:

1. The case, In the Matter a/Compliance with Federal Obligations by the City a/Santa Monica,

California, Docket No. 16-02-08, involving the City of Santa Monica's Ordinance banning C and D

category aircraft from Santa Monica Municipal Airport (SMa), among other issues, is presently

before the Federal Aviation Administration (FAA) Office of Airports pursuant to a 14 CFR Part 16

Notice of Investigation.

2. I have led the FAA effort over the past year to resolve the pending Part 16 case in discussions

with City Officials, Members of Congress, City residents and residents from the City of Los

Angeles. I have appeared before the City Council and at two public hearings in Santa Monica on the

relevant issues. In these discussions and exchanges of correspondence the FAA and the City

presented their respective positions on the matter.

3. While I have led this effort as I promised the Airport Manager I would do, I have not prejudged

the pending Part 16 case, nor has the City presented evidence to establish bias as a matter of law.

4. However, to avoid even the appearance of alleged impropriety in the FAA decision making

process under 14 CFR Part 16 with respect to the final decision in this case, I hereby remove myself

as the final decision maker in the Part 16 proceeding, In the Matter a/Compliance with Federal

Obligations by the City a/Santa Monica, California, Docket No. 16-02-08, including from any and

all participation in deciding the final agency decision in this case under 14 CFR § 16.33 and

16.241 (c).

5. I hereby delegate my authority as final decision maker for this case under 14 CFR § 16.33 and

16.241 (c), to Daniel K. Elwell, Assistant Administrator for Aviation, Policy and Environment, an

FAA executive outside the Office of Airports and not subordinate to me.

I declare under penalty of perjury under the laws of the United States of America that the foregoing

is true and correct to the best of my knowledge, information and belief.

Executed on the 25day of May, 2008, at Washington, D.C.

.cc CD-ltV,

D. Ki k Shaffer

Associate Administrator for Airports

Federal Aviation Administration EXHIBIT

IJJ_I_
Cite as 2015 Ark. App. 598

ARKANSAS COURT OF APPEALS

DIVISION I

No. CR-14-866

 

GERALD JERMAINE ALLEN

APPELLANT

V.

STATE OF ARKANSAS

 APPELLEE

Opinion Delivered October 21, 2015

APPEAL FROM THE CRITTENDEN

COUNTY CIRCUIT COURT

[NO. CR-13-467]

HONORABLE RALPH WILSON,

JUDGE

AFFIRMED; MOTION TO

WITHDRAW GRANTED;

REMANDED WITH

INSTRUCTIONS TO CORRECT

SENTENCING ORDER

WAYMOND M. BROWN, Judge

A Crittenden County jury found appellant Gerald Allen guilty of aggravated assault,

and he was sentenced as a habitual offender to nine years’ imprisonment.

1 Appellant’s counsel

has filed a motion to withdraw and a no-merit brief pursuant to Anders v. California2and Rule

4-3(k) of the Rules of the Arkansas Supreme Court and Court of Appeals. The clerk of this

court provided appellant with a copy of counsel’s brief and motion, and notified appellant of

1Appellant was also charged with arson, but that charge resulted in a mistrial due to a

hung jury. 

2

386 U.S. 738 (1967).
Cite as 2015 Ark. App. 598

his right to file pro se points for reversal. Appellant has not submitted any points for reversal.3

A request to be relieved as counsel on the ground that the appeal is wholly without

merit shall be accompanied by a brief including an abstract and addendum.

4

 The brief shall

contain an argument section that consists of a list of all rulings adverse to the defendant made

by the trial court with an explanation as to why each adverse ruling is not a meritorious

ground for reversal.5It is imperative that counsel follow the appropriate procedure when

filing a motion to withdraw as counsel.6In furtherance of the goal of protecting

constitutional rights, it is both the duty of counsel and of this court to perform a full

examination of the proceedings as a whole to decide if an appeal would be wholly frivolous.7

From our review of the record and the brief presented to us, we hold that counsel has

complied with Rule 4-3(k)(1) and agree that there is no merit to an appeal. Therefore, we

affirm appellant’s conviction and grant counsel’s motion to withdraw. However, we note

that, in the sentencing order, the trial court indicated that appellant was found guilty by the

court and sentenced by the court. This was a jury trial, and the court accepted the jury’s

3This is the second time this case has been before us. We initially denied counsel’s

motion to withdraw and ordered rebriefing due to deficiencies. Allen v. State, 2015 Ark. App.

415.

4Ark. Sup. Ct. R. 4-3(k)(1). 

5

Id.

6Brown v. State, 85 Ark. App. 382, 155 S.W.3d 22 (2004). 

7Campbell v. State, 74 Ark. App. 277, 47 S.W.3d 915 (2001).

2
Cite as 2015 Ark. App. 598

sentence recommendation. Therefore, we remand to the trial court with instructions to

correct the sentencing order.

Affirmed; motion to withdraw granted; remanded with instructions to correct

sentencing order.

ABRAMSON and HARRISON, JJ., agree.

S. Butler Bernard, Jr., for appellant.

No response.

3
§ 57.22102 Smoking (I-C mines). ( a ) Persons shall not smoke or carry smoking materials, matches, or lighters underground or within 50 feet of a mine opening. The operator shall institute a reasonable program to assure that persons entering the mine do not carry such items.
( b ) Smoking is prohibited in surface milling facilities except in designated, dust-free smoking areas.
Editorial Note on Part 982
Editorial Note: Nomenclature changes to part 982 appear at 64 FR 26640, May 14, 1999, and at 89 FR 38293, May 7, 2024.

§ 982.514 Distribution of housing assistance payment. The monthly housing assistance payment is distributed as follows: ( a ) The PHA pays the owner the lesser of the housing assistance payment or the rent to owner.
( b ) If the housing assistance payment exceeds the rent to owner, the PHA may pay the balance of the housing assistance payment (“utility reimbursement”) either to the family or directly to the utility supplier to pay the utility bill on behalf of the family. If the PHA elects to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier.
( c ) The PHA may elect to establish policies regarding the frequency of utility reimbursement payments for payments made to the family. ( 1 ) The PHA will have the option of making utility reimbursement payments not less than once per calendar-year quarter, for reimbursements totaling $45 or less per quarter. In the event a family leaves the program in advance of its next quarterly reimbursement, the PHA would be required to reimburse the family for a prorated share of the applicable reimbursement. PHAs exercising this option must have a hardship policy in place for tenants.
( 2 ) If the PHA elects to pay the utility supplier directly, the PHA must notify the family of the amount paid to the utility supplier.
[63 FR 23861, Apr. 30, 1998, as amended at 64 FR 56914, Oct. 21, 1999; 65 FR 16822, Mar. 30, 2000; 81 FR 12376, Mar. 8, 2016]
###### Editorial Note on Part 250

#### Editorial Note:

Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

#### § 250.1405 When is a case file developed?

BSEE will develop a case file during its investigation of the violation, and forward it to a Reviewing Officer if any of the conditions in § 250.1404 exist. The Reviewing Officer will review the case file and determine if a civil penalty is appropriate. The Reviewing Officer may administer oaths and issue subpoenas requiring witnesses to attend meetings, submit depositions, or produce evidence.
### SERVE D NOVEMBE

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. Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-430 , Wilbu r Wrigh t Building—Suit e 2W1000 '

ON E COP Y Thoma s Newto n Boiling , Respondent' s Coimse l Managin g Attorney , Regulator y Affair s Continenta l Airlines , Inc. , Responden t 1600 Smit h Street , 15 * Floo r

HQSL G Houston , TX 7700 2 TEL : 713-324-560 6 FAX : 713-324-516 1 Ti mDuff , Complainant' s Counse l Attorney , Offic e o f

Regiona l Counsel , ASW- 7 Southwes t Regio n Federal Aviatio n Administratio n 260 1 MeachamBlvd
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.
EXHIBIT
99.33   April 30,
2009
  Matt
Behrent
 Executive
Vice President, Corporate Development EDCI Holdings, Inc.
 1755
Broadway, 4th Fl. New York, NY 10019
  RE: EDCI Holdings, Inc. et al. v. Michael
Klinger
  DearMatt:
  It has come to my attention that I am
still listed as Executive Vice President, Chief Financial Officer and Treasurer
on EDC LLC's web site.  Please remove my name from this web site
immediately.  As you are well aware, I have not held those positions since
April 14, 2009.
  I would
also like to point out to you that, by virtue of the termination of my
employment, I am not responsible for any actions that EDC LLC, or any of its
parents, subsidiaries or affiliates, has taken or will take since I was placed
on leave pending termination on April 13, 2009.
  
 Sincerely,
 
 
 Michael
W. Klinger
 
 Cc:John Houston
Pope
    
  May 1,
2009
  By
Electronic Mail Message
  Matt
Behrent
 Executive
Vice President, Corporate Development EDCI Holdings, Inc.
 1755
Broadway, 4th Fl. New York, NY 10019
  RE:
EDCI Holdings, Inc. et al. v. Michael Klinger
  Dear
Matt:
  Yesterday
I received a check from EDCI for an FSA reimbursement, dated April 24, 2009.
 As you can see from the enclosed copy of the check, a copy of my
electronic signature appears on the check, even though it was written several
days after the termination of my employment.  I am writing today to request
that EDCI Holdings, Inc., and its subsidiaries and affiliates, along with any of
their respective banking institutions, payroll vendors, or other agents
immediately cease misappropriating my signature for unauthorized
use.
  Please
remove my name and signature from all checks written to anyone by EDCI Holdings,
Inc., and its subsidiaries and affiliates.  In addition, please take all
necessary stepsto
ensure that all copies of my electronic signature are deleted from the
electronic records of EDCI Holdings, Inc., and its subsidiaries and affiliates,
along with any of their
respective banking institutions, payroll vendors, or other agents.
 Sincerely,
  Michael
W. Klinger
  Enc.
 Cc: John
Houston Pope
#### § 56.19134 Sheaves.

Sheaves in operating shafts shall be inspected weekly and kept properly lubricated.
#### § 57.11001 Safe access.

Safe means of access shall be provided and maintained to all working places.