alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 85, Number 240 (Monday, December 14, 2020)]
[Notices]
[Pages 80777-80778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27436]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 4202-024]


KEI (Maine) Power Management (II) LLC; Notice of Conference Call

    a. Date and Time of Meeting: December 18, 2020 at 1:00 p.m. Eastern 
Standard Time.
    b. FERC Contact: Steve Kartalia at <a href="/cdn-cgi/l/email-protection#d9aaadbca9b1bcb7f7b2b8abadb8b5b0b899bfbcabbaf7beb6af"><span class="__cf_email__" data-cfemail="7d0e09180d15181353161c0f091c11141c3d1b180f1e531a120b">[email protected]</span></a> or 
(202) 502-6131.
    c. Purpose of Meeting: On October 15, 2020, the National Marine 
Fisheries Service (NMFS) requested that, pursuant to section 16.8(b)(6) 
of the Commission's regulations, the Director of the Office of Energy 
Projects resolve a dispute with KEI (Maine) Power Management (II) LLC 
(KEI Power), regarding two studies NMFS requested during the first 
stage of consultation for the proposed relicensing of the Lowell 
Tannery Hydroelectric Project No. 4202 (project). NMFS's dispute 
involves two studies: an upstream fish passage effectiveness study, and 
a downstream fish passage effectiveness and survival study. Commission 
staff need additional information to provide a recommendation on the 
dispute involving upstream fish passage.
    Commission staff is meeting with KEI Power, NMFS, the U.S. Fish and 
Wildlife Service, and other interested participants, via conference 
call, to discuss the project's upstream fish passage facility, project 
operation, and

[[Page 80778]]

existing information about the project's effects on upstream fish 
passage.
    d. Proposed Agenda: (1) Introduction of participants; (2) FERC 
staff explain purpose of meeting and gather information about upstream 
passage at the project; (3) Participants discuss upstream passage at 
the project; and (4) Meeting conclusion.
    e. A summary of the meeting will be prepared and filed in the 
Commission's public file for the project.
    f. All local, state, and federal agencies, Indian tribes, and other 
interested parties are invited to participate by phone. If interested, 
please contact Steve Kartalia at
    <a href="/cdn-cgi/l/email-protection#b9cacddcc9d1dcd797d2d8cbcdd8d5d0d8f9dfdccbda97ded6cf"><span class="__cf_email__" data-cfemail="9fecebfaeff7faf1b1f4feedebfef3f6fedff9faedfcb1f8f0e9">[email protected]</span></a> or (202) 502-6131, by December 16, 2020, 
to receive the conference call number and access code.

    Dated: December 8, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020-27436 Filed 12-11-20; 8:45 am]
BILLING CODE 6717-01-P


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THIRD AMENDMENT TO AGREEMENT OF SALE

     This Third Amendment ("Third Amendment") is entered into as of November
7th, 1996 between ROBERT HEIDENBERG ("Purchaser") and AMERICAN WAY PARTNERS, an
Illinois limited partnership ("Seller").

                               R E C I T A L S:

     A.   Purchaser and Seller have entered into a certain Agreement of Sale
("Agreement") dated as of June 6, 1996.

     B.   The Agreement was modified pursuant to that First Amendment to
Agreement of Sale entered into as of June 26, 1996 and was further amended by
that Second Amendment to Agreement of Sale entered into as of September 24,
1996.

     C.   The parties hereto now wish to further amend the Agreement.

     NOW, THEREFORE, in consideration of the above recitals and the covenants
contained herein, the parties hereby amend the Agreement effective as of the
date hereof as follows:

     1.   The first sentence of Paragraph 25 of the Agreement is hereby deleted
and the following is substituted in its place:

     "In consideration of Seller executing this Agreement with Purchaser and 
     agreeing to convey the Property on the Closing Date in accordance with the
     terms hereof to Purchaser, Purchaser agrees that if at any time on or 
     before February 25, 1997 Purchaser transfers any of the Property to 
     Target, then in connection with said transfer, Purchaser shall deliver and
     pay to Seller twenty-five percent (25%) of the net sales proceeds in 
     excess of $5,400,000.00 received by Purchaser from Target on the date of 
     receipt by Purchaser of said net proceeds."

     2.   All capitalized terms used herein shall have the same meaning as in
the Agreement.

     3.   Except as modified herein, all other terms and conditions of the
Agreement shall remain in full force and effect.

     4.   This Third Amendment may be executed in multiple facsimile
counterparts, each of which shall be deemed an original, but all of which shall
constitute one and the same instrument.
<PAGE>
     IN WITNESS WHEREOF, the parties hereto have put their hand and seal as of
the date set forth above.


                              PURCHASER:

                              /s/ Robert Heindenberg
                              ----------------------------
                                  ROBERT HEIDENBERG


                              SELLER:

                              AMERICAN WAY PARTNERS, an
                              Illinois limited partnership

                              By:  Balcor Current Income Partners-85,
                                   an Illinois general partnership

                              By:  The Balcor Company, a Delaware
                                   corporation, its general partner


                              By:  /s/ James E. Mendelson
                                   -----------------------------
<PAGE>
Editorial Note on Part 250
Editorial Note: Nomenclature changes to part 250 appear at 77 FR 50891, Aug. 22, 2012.

§ 250.170 How long does a suspension last? ( a ) BSEE may issue suspensions for up to 5 years per suspension. The Regional Supervisor will set the length of the suspension based on the conditions of the individual case involved. BSEE may grant consecutive suspension periods.
( b ) An SOO ends automatically when the suspended operation commences.
( c ) An SOP ends automatically when production begins.
( d ) A Directed Suspension normally ends as specified in the letter directing the suspension.
( e ) BSEE may terminate any suspension when the Regional Supervisor determines the circumstances that justified the suspension no longer exist or that other lease conditions warrant termination. The Regional Supervisor will notify you of the reasons for termination and the effective date.
Order entered September 22 , 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 21
- 00 810
- CV
IN RE AURELIA HEPPNER , Re lator Original Proceeding f

rom the 330th Distr ict Court Dallas County, Texas Trial Court Cause No. DF
- 17
- 21273

O RD ER Before Justice Schenck, Nowell, and Garcia Before the Court is relator ’ s September 20 , 2021 petition for writ of mandamus and emergency motion to stay the interviews scheduled for Monday, September 27, 2021

. The petition, record , and motion conta i n unr edacted sens i tive information, including the minor’s name and birth date , in violation of Rule 9.9 of the Texas Rules of Appellate Procedure

. Accordingly, w e STRIKE the petition , the record, and the motion and grant relator leave to re

- file a compliant pe t ition , record, and motion on or before 10

a.m. , Friday, September 2 4 , 202 1 . W e CAUTION relator that failure to re

- file thepetition and motion as permitted by t his order may result in the dismissal of this

cause without further notice.
/s/ David J. Schen c k JUSTICE
#### § 56.11003 Construction and maintenance of ladders.

Ladders shall be of substantial construction and maintained in good condition.
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-13-00078- CV

In re Wardell Moor e

ORI GINAL P ROCEEDI NG F ROM F AY ETTE COUNTY
M E M O R A N D U M O P I N I O N
Relator Wardell Moore has filed a pro se petition for writ of mandamus in this Court. See Tex. Gov’t Code Ann. § 22.221 (West 2004); see also Tex. R. App. P. 5 2
. 1
. I n his petition, Moore asks this Court to de termine that his judg ment of conviction was void. See Moore v. State , No. 03-00530-CR, 2007 Tex. App. L EXI S 6354 (Tex. App.—Austin Aug
. 9, 2007, pet. ref ’d) (mem. op., not desig nated f

or publication) ( aff

irming tria l court’s judg ment of convic tion). “To be entitled to mandamu s re l i ef , the rela tor must show that: (1) he has no adequate reme d y at l aw , an d (2 ) what he seeks to compel is a minist eria l act.” In re State ex rel. Tharp , 2012 Tex. Crim. App. L EXI S 1549, at *5 (Tex. Crim. App. Nov. 14, 2012) (citing Bowen
v. Carnes, 343 S.W .3d 805, 810 (Tex. Crim. App. 2011)). Moore has failed to show either g round to s u p p o rt h i s re q u est ed relief
. He has not asked us to compel a minist eria l act, and he has an adequate reme dy at law. See Tex. Code Crim. Proc. Ann. art. 11.07 (West Supp. 2012) (proc edure sfor application for writ of habea s corpus)
. Acc ording ly , we deny Moore’ s petiti o n fo r writ

of manda mus. 1

__________________________________________ Melissa Goodwin, Jus tice Be fore Chief J ustice Jones, J ustices Goodwin and F ield Filed: F ebrua

ry 13, 2013

We also dismis s his moti ons filed with the petition as moot. 1 2
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

JUAN R. CASIANO,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D18-1585

[January 2, 2020]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. 

Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562016CF000060A.

Carey Haughwout, Public Defender, and Erika Follmer, Assistant 

Public Defender, West Palm Beach, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Marc B. 

Hernandez, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Affirmed.

TAYLOR, CIKLIN and KUNTZ, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
§ 57.12039 Protection of surplus trailing cables. Surplus trailing cables to shovels, cranes and similar equipment shall be— ( a ) Stored in cable boats;
( b ) Stored on reels mounted on the equipment; or
( c ) Otherwise protected from mechanical damage.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          30,427
<SECURITIES>                                         0
<RECEIVABLES>                                  150,162
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                      19,658,798
<DEPRECIATION>                               7,039,671
<TOTAL-ASSETS>                              13,018,757
<CURRENT-LIABILITIES>                          809,826
<BONDS>                                     10,422,453
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   1,658,471
<TOTAL-LIABILITY-AND-EQUITY>                13,018,757
<SALES>                                              0
<TOTAL-REVENUES>                             2,531,276
<CGS>                                                0
<TOTAL-COSTS>                                2,162,192
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             557,368
<INCOME-PRETAX>                              (887,952)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (887,952)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (887,952)
<EPS-PRIMARY>                                  (78.90)
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 10.2



 Exhibit 10.2 
  
 Sales Plan Modification No. 1 
  
 This Modification No. 1 (this “Modification”) to
the Sales Plan, dated as of May 31, 2002 (the “Sales Plan”) is made as of November 12, 2002, between Richard A. Kay (“Seller”) and Goldman, Sachs & Co. (“Broker”). 
  
 WHEREAS, Legato Systems, Inc. (the “Issuer”) has requested that the Seller modify the third of three limit orders described on
Annex A to the Sales Plan established to sell shares of common stock, par value $0.0001 per share (the “Stock”), of the Issuer in accordance with the requirements of Rule 10b5-1 as further set forth herein; 
  
 WHEREAS, the Issuer has confirmed that Seller is not aware of any material, nonpublic information with respect to the Issuer or any
securities of the Issuer (including the Stock); 
  
 WHEREAS, the Seller desires to modify the third of three limit
orders described on Annex A to the Sales Plan pursuant to the Issuer’s request; 
  
 NOW, THEREFORE, the Seller
and Broker hereby agree as follows: 
  
 1.    Pursuant to paragraph 10 of the Sales Plan, under
“shares to be sold” pursuant to the third limit order described on Annex A to the Sales Plan, the amount stated as [***] is hereby deleted and replaced with [***]. 
  
 2.    This Modification to the Sales Plan shall become effective as of the date hereof. No sales shall be effected during the fourteen (14) days
immediately following this Modification. 
  
 3.    Seller represents and warrants that, as of the
date first set forth above, Seller is not aware of material, nonpublic information with respect to the Issuer or any securities of the Issuer (including the Stock) and is entering into this Modification in good faith and not as part of a plan or
scheme to evade the prohibitions of Rule 10b5-1. 
  
 4.    The Sales Plan remains unchanged in
all other respects. In the event of any conflict between the Sales Plan and this Modification, the latter shall govern. 
  
 5.    This Modification shall be governed by and construed in accordance with the laws of the State of Delaware and may be modified or amended only in the manner specified in the Sales Plan. 

 
 6.    This Modification may be executed in one or more counterparts (whether delivered by facsimile or
otherwise), all of which shall constitute one and the same instrument. 
  
 [SIGNATURE PAGE FOLLOWS] 
  

	[***]
	 
	Means that certain confidential information has been deleted from this document and filed separately with the Securities and Exchange Commission. 










  
 IN WITNESS WHEREOF, the undersigned have signed this Sales Plan as of the date
first written above. 
  
 
	 /s/ Richard A. Kay
 	    	 Goldman, Sachs & Co.
 
	
	 	 
	 Richard A. Kay
 	    	 By:
 	  	 /s/    Michael Dweck
 
	 	 	 	
	

	  	    	 Name:
 Title:
 	  	 Michael Dweck
 Managing Director
### §106. Same; income tax

(a) No person shall be relieved from liability for any income tax levied by any State, or by any duly constituted taxing authority therein, having jurisdiction to levy such a tax, by reason of his residing within a Federal area or receiving income from transactions occurring or services performed in such area; and such State or taxing authority shall have full jurisdiction and power to levy and collect such tax in any Federal area within such State to the same extent and with the same effect as though such area was not a Federal area.

(b) The provisions of subsection (a) shall be applicable only with respect to income or receipts received after December 31, 1940.

(July 30, 1947, ch. 389, 61 Stat. 644.)
§ 556.404 What do the non-procurement debarment rules require that I do? You must comply with the Department's non-procurement debarment regulations at 2 CFR parts 180 and 1400. ( a ) You must notify BOEM if you know that you or your principals are excluded, disqualified, have been convicted or are indicted of a crime as described in 2 CFR part 180, subpart C. You must make this notification before you sign a lease, sublease, or an assignment of record title interest or operating rights interest, or become a lease or unit operator. This paragraph does not apply if you have previously provided a statement disclosing this information, and you have received an exception from the Department, as described in 2 CFR 180.135 and 2 CFR 1400.137.
( b ) If you wish to enter into a covered transaction with another person at a lower tier, as described in 2 CFR 180.200, you must first: ( 1 ) Verify that the person is not excluded or disqualified under 2 CFR part 180; and
( 2 ) Require the person to: ( i ) Comply with 2 CFR part 180, subpart C; and
( ii ) Include the obligation to comply with 2 CFR part 180, subpart C in its contracts and other transactions.
( c ) After you enter into a covered transaction, you must immediately notify BOEM in writing if you learn that: ( 1 ) You failed to disclose pertinent information earlier; or
( 2 ) Due to changed circumstances, you or your principals now meet any of the criteria in 2 CFR 180.800.
Link to 10-Q **EXHIBIT 32.1**
 
  The following certifications are being furnished solely to accompany the Report pursuant to 18 U.S.C. § 1350 and in accordance with SEC Release No. 33-8238. These certifications shall not be deemed "filed" for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, nor shall they be incorporated by reference in any filing of the Company under the Securities Act of 1933, as amended, whether made before or after the date hereof, regardless of any general incorporation language in such filing.
   **Certification of Chief Executive Officer**
  Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Weider Nutrition International, Inc., a Delaware corporation (the "Company"), hereby certifies, to his knowledge, that:
   (i)
the accompanying Quarterly Report on Form 10-Q of the Company for the period ended August 31, 2004 (the "Report") fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and   (ii)
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   Date: October 14, 2004
/s/  Bruce J. WoodBruce J. Wood
Chief Executive Officer
  ****
 **Certification of Chief Financial Officer**
  Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Weider Nutrition International, Inc. a Delaware, corporation (the "Company"), hereby certifies, to his knowledge, that:
   (i)
the accompanying Quarterly Report on Form 10-Q of the Company for the period ended August 31, 2004 (the "Report") fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and   (ii)
the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   Date: October 14, 2004
/s/  Joseph W. BatyJoseph W. Baty
Chief Financial Officer
 
 A signed original of this written statement required by Section 906 has been provided to Weider Nutrition International, Inc. and will be retained by Weider Nutrition International, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
**EXHIBIT 32**

 

**STATEMENTPURSUANT TO18 U.S.C. SECTION 1350AS REQUIRED BYSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of John Deere Capital Corporation (the “Company”) on Form 10-Qfor the period ending July 31, 2005, as filed with the Securities andExchange Commission on the date hereof (the “Report”), the undersigned herebycertify that to the best of our knowledge:

 

1.                                       TheReport fully complies with the requirements of section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

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

 
| September 2,  2005 | */s/ R. W. Lane*      | Chairman  and Principal Executive Officer              |
|-------------------------|-----------------------|--------------------------------------------------------|
|                    |                  |                                                   |
|                    |                  |                                                   |
| September 2,  2005 | */s/ Nathan J. Jones* | Senior  Vice President and Principal Financial Officer |

 

Asigned original of this written statement required by Section 906 has beenprovided to John Deere Capital Corporation and will be retained by John DeereCapital Corporation and furnished to the Securities and Exchange Commission orits staff upon request.

 

23

----
Order entered October 1 4 , 2013

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05

- 13

- 00615

- CR No. 05

- 13

- 00616

- CR
ROBERT IVES, Appellant

V. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 6

Dallas County, T exas Trial Court Cause No s . F12

- 34069

- X , F12

- 19082

- X



### O RDER Both the clerk’s and reporter’s records are overdue in these appeals. Accordingly, the

Court ORDERS the trial court to make findings of fact regarding whether appellant has been deprived of the clerk’s and reporter’s records because of ineffective counsel, indigence, or for any other reason.

 The trial court shall first determine whether appellant desires to prosecute the appeals. If the trial court determines that appellant does not desire to pr osecute the appeals, it shall make a finding to that effect.

 If the trial court determines that appellant desires to prosecute the appeals, it shall next determine whether appellant is indigent and entitled to proceed without payment of costs for the cler k’s and reporter’s records. If appellant is entitled to proceed without payment of costs, the trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial court is ORDERED to take such measures as may be necessary to
ass ure effective representation, which may include appointment of new counsel. If thetrial court finds appellant is not indigent, it shall determine whether retained counsel has

abandoned the appeals.

 The trial court shall next determine: (1) the name and address of each court reporter who recorded the proceedings in this cause; (2) the court reporter’s explanation for the delay in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can be filed.

 The trial court shall next determine the date by which the clerk’s records will be filed.

We ORDER the trial court to transmit supplemental record s , containing the written findings of fact, any supporting documentation, and any orders, to this Court within THIRTY
DAYS of the d ate of this order. The appeals are ABATED to allow the trial court to comply with this order. The appeals shall be reinstated thirty days from the date of this order or when the supplemental record is received, whichever is earlier.

/s/ LANA MYERS JU STICE