alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 57.19023 Examinations. ( a ) At least once every fourteen calendar days, each wire rope in service shall be visually examined along its entire active length for visible structural damage, corrosion, and improper lubrication or dressing. In addition, visual examination for wear and broken wires shall be made at stress points, including the area near attachments, where the rope rests on sheaves, where the rope leaves the drum, at drum crossovers, and at change-of-layer regions. When any visible condition that results in a reduction of rope strength is present, the affected portion of the rope shall be examined on a daily basis.
( b ) Before any person is hoisted with a newly installed wire rope or any wire rope that has not been examined in the previous fourteen calendar days, the wire rope shall be examined in accordance with paragraph (a) of this section.
( c ) At least once every six months, nondestructive tests shall be conducted of the active length of the rope, or rope diameter measurements shall be made— ( 1 ) Wherever wear is evident;
( 2 ) Where the hoist rope rests on sheaves at regular stopping points;
( 3 ) Where the hoist rope leaves the drum at regular stopping points; and
( 4 ) At drum crossover and change-of-layer regions.
( d ) At the completion of each examination required by paragraph (a) of this section, the person making the examination shall certify, by signature and date, that the examination has been made. If any condition listed in paragraph (a) of this section is present, the person conducting the examination shall make a record of the condition and the date. Certifications and records of examinations shall be retained for one year.
( e ) The person making the measurements or nondestructive tests as required by paragraph (c) of this section shall record the measurements or test results and the date. This record shall be retained until the rope is retired from service.
### §11122. Compensation and practice

(a) The regulations of the Board on car service shall encourage the purchase, acquisition, and efficient use of freight cars. The regulations may include—

(1) the compensation to be paid for the use of a locomotive, freight car, or other vehicle;

(2) the other terms of any arrangement for the use by a rail carrier of a locomotive, freight car, or other vehicle not owned by the rail carrier using the locomotive, freight car, or other vehicle, whether or not owned by another carrier, shipper, or third person; and

(3) sanctions for nonobservance.

(b) The rate of compensation to be paid for each type of freight car shall be determined by the expense of owning and maintaining that type of freight car, including a fair return on its cost giving consideration to current costs of capital, repairs, materials, parts, and labor. In determining the rate of compensation, the Board shall consider the transportation use of each type of freight car, the national level of ownership of each type of freight car, and other factors that affect the adequacy of the national freight car supply.

(Added Pub. L. 104–88, title I, §102(a), Dec. 29, 1995, 109 Stat. 832.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 11122, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1421; Pub. L. 96–448, title II, §224(a), Oct. 14, 1980, 94 Stat. 1929, related to use of and compensation for freight cars, prior to the general amendment of this subtitle by Pub. L. 104–88, §102(a).

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

#### Effective Date

Section effective Jan. 1, 1996, except as otherwise provided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.
* 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. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-21011 Summary Calendar

TONY SHANE PETERS

Plaintiff - Appellant

v. COMMISSIONERS COURT, ET AL

Defendants COMMISSIONERS COURT; K BROWNFIELD, Captain; S N EVETTS, Sergeant; T A GUIDRY, Officer; J S SHIELDS; TOMMY B THOMAS, Sheriff Defendants - Appellees

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-94-CV-4324

-------------------- August 28, 2000 Before KING, Chief Judge, and WIENER and DENNIS, Circuit Judges.
PER CURIAM: * Tony Shane Peters, Texas prisoner # 1133075, appeals following the jury verdict in his civil rights case against him and in favor of Officer T. A. Guidry and the summary judgment dismissal of claims against the Commissioners Court, Captain K. Brownfield, Sergeant S. N. Evetts, J. S. Shields, and SheriffNo. 97-21011 -2-Tommy Thomas. The only issue Peters briefed is that his courtappointed attorney for his trial was ineffective. There is no constitutional right to an attorney in a civil rights case, and we do review claims of ineffective assistance of counsel in such cases. See Sanchez v. United States Postal
Serv. , 785 F.2d 1236, 1237 (5th Cir. 1986). Peters’ appeal fails to present an issue of arguable merit and is therefore frivolous.
See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). The appeal is DISMISSED as frivolous. See 5 TH C IR . R. 42.2. Peters is hereby informed that the dismissal of this appeal as frivolous counts as a strike for purposes of 28 U.S.C. § 1915(g). See Adepegba v. Hammons , 103 F.3d 383, 387 (5th Cir. 1996). We caution Peters that once he accumulates three strikes, he may not proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury. See 28 U.S.C. § 1915(g).
APPEAL DISMISSED AS FRIVOLOUS.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 6543

EARL RICHARD CADWALLADER , Plaintiff

- Appellant ,

v. KENNETH LASSITER, Director of Prisons; ELIZABETH TILSON, Chief Medical Officer , Defendants

- Appellees

.

Appeal from the United States District Court for the Eastern District of North Carolina , at Raleigh

. Terrence W. Boyle, Chief District Judge. ( 5:19

- ct

- 03320

- BO )

Submitted : September 24, 2020 Decided: September 29, 2020

Before HARRIS and RICHARDSON , Circuit Judges , and TRAXLER, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

.

Earl Richard Cadwallader , Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Earl Richard Cadwallader, a North Carolina prisoner, filed a 42 U.S.C. § 1983 complaint concerning his medical care. He seeks to appeal the district court’s order denying his motions for appointment of counsel, dis missing the claims against the two named Defendants, dismissing as time

- barred claims relating to his medical care prior to October 23, 2016, and giving Cadwallader an opportunity to particularize his complaint. This court may exercise jurisdiction only o ver final orders, 28 U.S.C. § 1291, and certain interlocutory and collateral orders, 28 U.S.C. § 1292; Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541, 545

- 46 (1949). The order Cadwallader seeks to appeal is neither a final orde r nor an appealable interlocutory or collateral order. Accordingly, we deny Cadwallader’s motion for appointment of counsel and dismiss the appeal for lack of jurisdiction. We dispense with oral argument because the facts and legal contentions are adequa tely presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
<PAGE 1>
                                                            EXHIBIT 11
    

                      NAVISTAR INTERNATIONAL CORPORATION
                         AND CONSOLIDATED SUBSIDIARIES
                      ----------------------------------
                  COMPUTATION OF NET INCOME PER COMMON SHARE


A.  Primary:  See the Statement of Income of this Form 10-Q.

B.  Full Dilution:  Net income per common share assuming full dilution
    is computed by assuming that all options and warrants which are
    exercisable below market prices are exercised and the proceeds 
    applied to reduce common stock outstanding.  The computations
    assume that convertible preferred and preference stock are converted
    to common stock.  Income is divided by the average number of common
    shares outstanding and unconditionally issuable at the end of each
    month during the period, adjusted for the net effects of the exercise
    of options and warrants and the conversion of convertible preferred
    and preference stocks. 

                                                    THREE MONTHS ENDED
                                                        JANUARY 31
                                                   -------------------
Millions of dollars                                  1997       1996
----------------------------------------------------------------------
Net income ......................................  $     15   $     22
                                                   ========   ========
Average common and common
  equivalent shares (millions):

Average common shares outstanding as adjusted
  per primary calculations (millions) ...........      74.3       73.8
Assuming conversion of Series G Preferred Stock .        .6         .6
                                                   --------   --------

Average common and dilutive common
  equivalent shares as adjusted .................      74.9       74.4
                                                   ========   ========

Income per common share assuming
  full dilution (dollars):

Net income ......................................  $   .20 #  $    .29 #
                                                   ========   ========

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

#  This calculation is submitted in accordance with Regulation S-K
   item 601(b)(11) of the Securities Exchange Act although it is
   contrary to paragraph 40 of APB Opinion No. 15 because it produces
   an anti-dilutive result.                            







                                    E-1
<PAGE 1>

                                                             EXHIBIT 3


                     NAVISTAR INTERNATIONAL CORPORATION
                       AND CONSOLIDATED SUBSIDIARIES
                     ----------------------------------
                   ARTICLES OF INCORPORATION AND BY-LAWS


     The following documents of Navistar International Corporation are
incorporated herein by reference:


     3.1  Restated Certificate of Incorporation of Navistar International
          Corporation effective July 1, 1993, filed as Exhibit 3.2 to
          Form 10-K dated October 31, 1993, which was filed on January 27,
          1994, Commission File No. 1-9618.

     3.2  The By-Laws of Navistar International Corporation effective
          April 14, 1995, filed as Exhibit 3.2 on Annual Report on
          Form 10-K dated October 31, 1995, which was filed on January 26,
          1996, on Commission File No. 1-9618.















































                                     E-1
AUTHORIZATION

        Know all by these presents, that the undersigned hereby constitutes and
appoints each of John M. Lowber, Bonnie J. Paskvan, and Alfred J. Walker,
signing singly, the undersigned's true and lawful attorney-in-fact to:

(1) execute for and on behalf of the undersigned, in the undersigned's capacity
as an affiliate of General Communication, Inc. (the "Company"), Form 4, in
accordance with Section 16(a) of the Securities Exchange Act of 1934 and the
rules thereunder;

(2) do and perform any and all acts for and on behalf of the undersigned which
may be necessary or desirable to complete and execute any such Form 4, complete
and execute any amendment or amendments thereto, and timely file such form with
the United States Securities and Exchange Commission and any stock exchange or
similar authority; and

(3) take any other action of any type whatsoever in connection with the
foregoing which, in the opinion of such attorney-in-fact, may be of benefit to,
in the best interest of, or legally required by, the undersigned, it being
understood that the documents executed by such attorney-in-fact on behalf of the
undersigned pursuant to this Power of Attorney shall be in such form and shall
contain such terms and conditions as such attorney-in-fact may approve in such
attorney-in-fact's discretion.

        The undersigned hereby grants to each such attorney-in-fact full power
and authority to do and perform any and every act and thing whatsoever
requisite, necessary, or proper to be done in the exercise of any of the rights
and powers herein granted, as fully to all intents and purposes as the
undersigned might or could do if personally present, with full power of
substitution or revocation, hereby ratifying and confirming all that such
attorney-in-fact, or such attorney-in-fact's substitute or substitutes, shall
lawfully do or cause to be done by virtue of this power of attorney and the
rights and powers herein granted. The undersigned acknowledges that the
foregoing attorneys-in-fact, in serving in such capacity at the request of the
undersigned, are not assuming, nor is the Company assuming, any of the
undersigned's responsibilities to comply with Section 16 of the Securities
Exchange Act of 1934.

        This Power of Attorney shall remain in full force and effect until the
undersigned is no longer required to file Form 4, with respect to the
undersigned's holdings of and transactions in securities issued by the Company,
unless earlier revoked by the undersigned in a signed writing delivered to the
foregoing attorneys-in-fact.


                                   1
<PAGE>
        IN WITNESS WHEREOF, the undersigned has caused this Power of Attorney to
be executed as of this 10th day of April 2003.


                                 /s/
                                 ------------------------
                                 Signature


                                 Richard P. Dowling
                                 ------------------------
                                 Print Name
### §44738. Training on human trafficking for certain staff

In addition to other training requirements, each air carrier shall provide training to ticket counter agents, gate agents, and other air carrier workers whose jobs require regular interaction with passengers on recognizing and responding to potential human trafficking victims.

(Added Pub. L. 115–254, div. B, title IV, §408(a), Oct. 5, 2018, 132 Stat. 3330.)

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

#### Airport Human Trafficking Prevention Grants

Pub. L. 118–63, title VII, §774A, May 16, 2024, 138 Stat. 1299, provided that:

"(a) In General.—The Secretary [of Transportation] shall establish a grant program to provide grants to airports described in subsection (b)(1) to address human trafficking awareness, education, and prevention efforts, including by—

"(1) coordinating human trafficking prevention efforts across multimodal transportation operations within a community; and

"(2) accomplishing the best practices and recommendations provided by the Department of Transportation Advisory Committee on Human Trafficking.

"(b) Distribution.—

"(1) In general.—The Secretary shall distribute amounts made available for grants under this section to—

"(A) the 75 airports in the United States with the highest number of passenger enplanements annually, based on the most recent data available; and

"(B) as the Secretary determines to be appropriate, an airport not described in subparagraph (A) that serves an area with a high prevalence of human trafficking, on application of the airport.

"(2) Priority; considerations.—In distributing amounts made available for grants under this section, the Secretary shall—

"(A) give priority in grant amounts to airports referred to in paragraph (1) that serve regions with a higher prevalence of human trafficking; and

"(B) take into consideration the effect the amounts would have on surrounding areas.

"(3) Consultation.—In distributing amounts made available for grants under this section, the Secretary shall consult with the Department of Transportation Advisory Committee on Human Trafficking in determining the amounts to be distributed to each grant recipient to ensure the best use of the funds.

"(c) Authorization of Appropriations.—There is authorized to be appropriated to the Secretary to carry out this section $10,000,000 for each of fiscal years 2025 through 2028."
### §1864. Notification of changes to retention of call detail record policies

#### (a) Requirement to retain

#### (1) In general

Not later than 15 days after learning that an electronic communication service provider that generates call detail records in the ordinary course of business has changed the policy of the provider on the retention of such call detail records to result in a retention period of less than 18 months, the Director of National Intelligence shall notify, in writing, the congressional intelligence committees of such change.

#### (2) Report

Not later than 30 days after December 18, 2015, the Director shall submit to the congressional intelligence committees a report identifying each electronic communication service provider that has, as of the date of the report, a policy to retain call detail records for a period of 18 months or less.

#### (b) Definitions

In this section:

#### (1) Call detail record

The term "call detail record" has the meaning given that term in section 1861(k) 1 of this title.

#### (2) Electronic communication service provider

The term "electronic communication service provider" has the meaning given that term in section 1881(b)(4) of this title.

(Pub. L. 114–113, div. M, title III, §307, Dec. 18, 2015, 129 Stat. 2916.)

#### **Editorial Notes**

#### References in Text

Section 1861(k) of this title, referred to in subsec. (b)(1), means section 1861(k) of this title prior to the amendment of section 1861 by Pub. L. 109–177, title I, §102(b), Mar. 9, 2006, 120 Stat. 195, set out as an Effective Date of 2006 Amendment note under section 1805 of this title, which amended section 1861 of this title, effective Mar. 15, 2020, so that such section read as it read on Oct. 25, 2001, with certain exceptions.

#### Codification

Section was enacted as part of the Intelligence Authorization Act for Fiscal Year 2016, and also as part of the Consolidated Appropriations Act, 2016, and not as part of the Foreign Intelligence Surveillance Act of 1978 which comprises this chapter.

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

#### Definitions

For definition of "congressional intelligence committees" as used in this section, see section 2 of div. M of Pub. L. 114–113, set out as a note under section 3003 of this title.

1 See References in Text note below.
§ 44.12 Procedure for public notice of petition received. ( a ) Within 15 days from the filing of a petition for modification, the Mine Safety and Health Administration will give notice of the petition to each known representative of miners or the operator of the affected mine, as appropriate, and shall publish notice of the petition in the Federal Register.
( b ) The Federal Register notice shall contain a statement that the petition has been filed, identify the petitioner and the mine or mines to which the petition relates, cite the mandatory safety standard for which modification is sought, and describe the requested relief.
( c ) All such notices shall advise interested parties that they may, within 30 days from the date of publication in the Federal Register, in writing, comment upon or provide information relative to the proposed modification.
[43 FR 29518, July 7, 1978, as amended at 55 FR 53440, Dec. 28, 1990]
#### § 57.19108 Posting warning signs during shaft work.

When persons are working in a shaft “Men Working in Shaft” signs shall be posted at all devices controlling hoisting operations that may endanger such persons.
#### § 57.9102 Movement of independently operating rail equipment.

Movement of two or more pieces of rail equipment operating independently on the same track shall be controlled for safe operation.
|   |   |   |   |   |
|--------|--------|--------|--------|--------|

**UNITED STATES**

**SECURITIES AND EXCHANGE COMMISSION**

**Washington, D.C. 20549**

**FORM 10-Q**

 

**(Mark One)**

 

x QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

For the quarterly period ended March 31, 2007

OR

o TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE

SECURITIES EXCHANGE ACT OF 1934

For the transition period from           to

Commission File No. 0-15279

 
|   | **GENERAL COMMUNICATION, INC.**                        |   |
|--------|--------------------------------------------------------|--------|
|   | (Exact name of registrant as specified in its charter) |   |

 
|   | **State of Alaska**             |   | **92-0072737**      |   |
|--------|---------------------------------|--------|---------------------|--------|
|   | (State or other Jurisdiction of |   | (I.R.S Employer     |   |
|   | Incorporation or organization)  |   | Identification No.) |   |

 
|   |                                     | **2550 Denali Street** |       |      |   |
|--------|------------------------------------------|------------------------|------------|-----------|--------|
|   |                                     | **Suite 1000**         |       |      |   |
|   |                                     | **Anchorage, Alaska**  |       | **99503** |   |
|   | (Address of Principal Executive offices) |                   | (Zip Code) |      |
|        |                                          |                        |            |           |        |  |

 

Registrant’s telephone number, including area code: **(907) 868-5600**

 

Former name, former address and former fiscal year, if changed since last report

 

Indicate by check mark whether the registrant (l) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. Yes x No o

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, or a non-accelerated filer.  See definition of “accelerated filer and large accelerated filer” in Rule 12b-2 of the Exchange Act. (Check one):

 
| Large accelerated filer o | Accelerated filer x | Non-accelerated filer o |
|---------------------------|---------------------|-------------------------|

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Exchange Act).  Yes o No x

 

The number of shares outstanding of the registrant's classes of common stock as of April 30, 2007 was:

50,368,902 shares of Class A common stock; and

3,258,140 shares of Class B common stock.

 

 
|   | 1 |
|--------|---|

 

----
#### The People of the State of New York, Respondent, v. Dewey Johnson, Appellant.

Judgment of conviction unanimously affirmed. (Appeal from judgment of Onondaga County Court convicting defendant of the crime of grand larceny, first degree.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.