alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Mr. Brian R. Monson UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 10 1200 Sixth Avenue, Suite 900 Seattle, WA 98101-3140 

### MAR 

## 2 2015

Hazardous Waste Program Manager Waste Management and Remediation Division Idaho Department ofEnvironmental Quality 1410North Hilton Boise, Idaho 83706
DearMr. Monson: OFFICE OF AIR, WASTE , AND TOXICS

This letter is to confirm that the EPA Region 10 Office ofAir, Waste and Toxics received the State of Idaho's authorization revision package dated February 9, 2015 on February 11, 2015. Wehave determined that the authorization revision application submitted contains all the necessary documents to be deemed complete.
In accordancewith the established review procedures for this revision, the EPA has 90 days from the date your application revision is determined to be complete to process and publish a determination in the Federal Register as to whether ornot EPA expects to authorize the proposed revision to the program
. We want to assure you that the processing ofthis authorization revision application remains a high priority for this Office. Barbara McCullough, the Region 10 Idaho State Coordinator for RCRA, will be coordinating the Federal Registerpublicationprocess and will provide regular status updates to your office.
Ifyou have any questions orneed further information about the authorization schedule, please call me at 206-553-1271 orBarbara McCullough at 206-553-2416.

cc: Mr. John Brueck, IDEQ
§ 57.22228 Preshift examination (I-A, I-C, II-A, III, and V-A mines). ( a ) Preshift examinations shall be conducted within three hours prior to the start of the shift for which the examination is being made.
( b ) Prior to the beginning of a shift following an idle shift, a competent person shall test the mine atmosphere for methane at all work places before persons other than examiners enter the mine.
( c ) When one shift immediately follows another, a competent person shall test the mine atmosphere at each active working face for methane before work is started on that shift.
( d ) A competent person shall test the mine atmosphere at each face blasted before work is started.
( e ) Except in Subcategory I-C or Category III mines, vehicles used for transportation when examining the mine shall be approved by MSHA under the applicable requirements of 30 CFR parts 18 through 36.
[52 FR 24941, July 1, 1987, as amended at 53 FR 9615, Mar. 24, 1988]
§ 44.23 Prehearing conferences. ( a ) *Convening a conference.* Upon his own motion or the motion of a party, the administrative law judge may direct the parties or their counsel to meet with him for a conference to consider: ( 1 ) Simplification of issues;
( 2 ) Necessity or desirability of amendments to documents for clarification, simplification, or limitation;
( 3 ) Stipulations and admissions of facts;
( 4 ) Limitation of the number of parties and expert witnesses; and
( 5 ) Such other matters as may tend to expedite the disposition of the proceeding and assure a just conclusion thereof.
( b ) *Record of conference.* The administrative law judge may, where appropriate, issue an order which recites the action taken at the conference, amendments allowed to any filed documents, and agreements made between the parties as to any of the matters considered. The order shall limit the issues for hearing to those not disposed of by admissions or agreements. Such an order controls the subsequent course of the hearing, unless modified at the hearing to prevent manifest injustice.
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 19

- 580

_____________________________
I DEAL P ROFESSIONAL I NSTITUTE I NC

. , Appellant,

v.

B OARD OF N URSING , Appellee.

_____________________________

On appeal from an order of the State of Florida, Board of Nursing. Joe R. Baker, Jr., Executive Director

. April 22, 2019

P ER C URIAM

. Because the notice of appeal was untimely filed, this cause is hereby dismissed. This disposition is without prejudice to Appellant’s right, if any it has, to seek relief by motion in the lower tribunal.

W OLF , W INSOR , and M.K. T HOMAS , JJ., concur

.2 _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________

Gregory Ochalek, Miami
, for Appellant.

Ashley Moody, Attorney General, and Marlene K. Stern, Senior Assistant Attorney General, Tallahassee
, for Appellee.
----

| (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. |
|-----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|

| Date:  March 8, 2013 |   /s/ Ronald A. Duncan |
|---------------------------|-----------------------------|
|                      | Ronald A. Duncan            |
|                      | Chief Executive Officer     |
|                      | General Communication, Inc. |

----
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 20

- 10140 Non

- Argument Calendar

________________________ D.C. Docket No. 6:19

- cr - 00184

- CEM

- EJK

- 1

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus

MISAEL ADORNO

- ORTEGA , Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Middle District of Florida

________________________ ( February 1, 2021 ) Before WILSON , JORDAN and ROSENBAUM , Circuit Judges. PER CURIAM:

USCA11 Case: 20-10140 Date Filed: 02/01/2021 Page: 1 of 22 Kyle Fletcher , appointed counsel for Misael Adorno

- Ortega in this direct criminal appeal, has moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California , 386 U. S. 738 (1967). Our independent review of the entire record reveals that counsel’s assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel’s motion to wit hdraw is GRANTED , and Adorno

- Ortega’s conviction s and sentence s are AFFIRMED

.

USCA11 Case: 20-10140 Date Filed: 02/01/2021 Page: 2 of 2
## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S
NO. WR-91,199-01

EX P ARTE P EDRO CASTILL O, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. D-1-D C-20-202515 IN THE 331S T DIST RICT COURT

F ROM TRAVIS COUNTY

Per curiam . O R D E R Applicant has filed a motion for leave to file an Application for an Orig inal Writ of Habe as Corpus. Applicant’s motion for lea ve to file is denied. Applicant soug ht pretria l rele ase on a persona l bond through a writ of habea s corpus filed in the district c ourt. The district c ourt denied habea s relief and ref used rele ase on a persona l bond. In his origina l ha

beas application to this Court, Applicant challeng es the trial court’s denial. Be cause Applicant may challeng e the trial court’s denial in the appropriate intermediate appellate court, Applicant has an adequate reme dy at law. See, e.g., Ex parte Grove s , 571 S.W .2d 888 (Tex. Crim. App. 1978); Jones v . State , 803 S.W .2d 712 (Tex. Crim. App. 1991). Filed: Apr il 27, 2020 Do not publish
Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1310 Explosives and blasting equipment. ( a ) Only permissible explosives, approved sheathed explosive units, and permissible blasting units shall be taken or used underground.
( b ) Black blasting powder, aluminum-cased detonators, aluminum-alloy-cased detonators, detonators with aluminum leg wires, and safety fuses shall not be taken or used underground.
( c ) Explosives shall be fired only with a permissible blasting unit used in a manner consistent with its approval. Blasting units approved by MSHA that have approval labels specifying use with short-delay detonators with delay periods between 25-500 milliseconds are accepted to fire short-delay detonators up to 1,000 milliseconds, instantaneous detonators and long period delay detonators for anthracite mines.
( d ) Permissible explosives and sheathed explosive units shall not be used underground when they are below the minimum product firing temperature specified by the approval. Explosives previously approved which do not specify a minimum firing temperature are permissible for use so long as the present approval is maintained.
( e ) Electric detonators shall be compatible with the blasting unit and have sufficient strength to initiate the explosives being used.
### §4515. Presidential power to ration gasoline among classes of end-users unaffected

Nothing in this chapter shall be construed to authorize the President to institute, without the approval of the Congress, a program for the rationing of gasoline among classes of end-users.

(Sept. 8, 1950, ch. 932, title I, §105, as added Pub. L. 96–294, title I, §103, June 30, 1980, 94 Stat. 617.)

#### Termination of Section

For termination of section, see section 4564(a) of this title.

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning act Sept. 8, 1950, ch. 932, 64 Stat. 798, known as the Defense Production Act of 1950, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 4501 of this title and Tables.

#### Codification

Section was formerly classified to section 2075 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

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

#### Effective Date

Section effective June 30, 1980, see section 107 of Pub. L. 96–294, set out as an Effective Date of 1980 Amendment note under section 4502 of this title.
§ 585.223 What supplemental information will BOEM provide in a PSN and FSN? ( a ) In addition to the information described in §§ 585.213 and 585.214, BOEM may provide the following auction information, as appropriate, in the PSN and FSN: ( 1 ) *Bidding instructions, procedures, and systems, including the bid variables.* How the auction will be conducted and what systems and procedures will be utilized.
( 2 ) *Bid deposit.* The amount a bidder must pay under § 585.501(a) to be eligible to bid. The FSN will prescribe the process and deadline for submitting a bid deposit.
( 3 ) *Mock auction.* Notice of a practice auction before the actual auction. Only bidders eligible for the actual auction will be permitted to participate in the mock (*i.e.,* practice) auction.
( 4 ) *Auction date, starting time and location.* The starting time will include the relevant time zone, and the location will indicate where the auction will take place.
( 5 ) *Minimum bid.* The price at which the bidding will start.
( 6 ) *Information BOEM will release to bidders between rounds.* This information may include prior round results and other updates.
( 7 ) *Tie-breaking provision.* This provision describes the method that BOEM will use to break a tie between two or more identical high bids offered for the same lease area, or package of lease areas.
( 8 ) *Next highest bidder.* The method that BOEM will use to determine the next highest bidder of a completed auction in the event the provisional winner fails to meet its obligations or is unable to acquire a lease for any reason, or if a competitively issued lease or any portion thereof is relinquished or cancelled within six months of the auction.
( b ) The list in paragraph (a) of this section is not exhaustive. BOEM may include in the FSN any other information relevant to that auction.
# C_2023148EN.01001601.xml

| 28.4.2023 | EN | Official Journal of the European Union | C 148/16 |
| --- | --- | --- | --- |

28.4.2023

EN

Official Journal of the European Union

C 148/16

---

Commission Communication pursuant to Article 17 (5) of Regulation (EC) No 1008/2008 of the European Parliament and of the Council on common rules for the operation of air services in the Community

Invitation to tender in respect of the operation of scheduled air services in accordance with public service obligations

(Text with EEA relevance)

(2023/C 148/05)

| Member State | Spain |
| --- | --- |
| Concerned route | Menorca-Madrid |
| Period of validity of the contract | From November 1 2023 to April 30 2024 and
  From November 1 2024 to April 30 2025 |
| Deadline for submission of tenders | Not before 2 months following the date of publication of this notice |
| Address where the text and any other information or documentation related to the public service obligations can be obtained. | Ministerio de Transportes, Movilidad y Agenda Urbana





  Dirección General de Aviación Civil |
| Subdirección General de Transporte Aéreo |
| Paseo de la Castellana 67 |
| 28071 Madrid |
| ESPAÑA |

Member State

Spain

Concerned route

Menorca-Madrid

Period of validity of the contract

From November 1 2023 to April 30 2024 and

From November 1 2024 to April 30 2025

Deadline for submission of tenders

Not before 2 months following the date of publication of this notice

Address where the text and any other information or documentation related to the public service obligations can be obtained.

Ministerio de Transportes, Movilidad y Agenda Urbana

Dirección General de Aviación Civil

Subdirección General de Transporte Aéreo

Paseo de la Castellana 67

28071 Madrid

ESPAÑA

Tel. +34 915977837

Fax +34 915978643

Email: osp.dgac@mitma.es

---
# C_2023272EN.01000101.xml

| 1.8.2023 | EN | Official Journal of the European Union | C 272/1 |
| --- | --- | --- | --- |

1.8.2023

EN

Official Journal of the European Union

C 272/1

---

Non-opposition to a notified concentration

(Case M.11108 – MERIDIAM / AWSA I / AWSA II / A2 ROUTE / AESA)

(Text with EEA relevance)

(2023/C 272/01)

On 19 July 2023, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the ‘Competition policy’ website of the Commission (https://competition-cases.ec.europa.eu/search). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11108. EUR-Lex is the online point of access to European Union law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32023M11108. EUR-Lex is the online point of access to European Union law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
### **CHAPTER 58—EXPORT CONTROL REFORM**

Sec.
4801.
Definitions.

#### SUBCHAPTER I—AUTHORITY AND ADMINISTRATION OF CONTROLS

4811.
Statement of policy.
4812.
Authority of the President.
4813.
Additional authorities.
4814.
Administration of export controls.
4815.
Licensing.
4816.
Compliance assistance.
4817.
Requirements to identify and control the export of emerging and foundational technologies.
4818.
Review relating to countries subject to comprehensive United States arms embargo.
4819.
Penalties.
4820.
Enforcement.
4821.
Administrative procedure.
4822.
Review of interagency dispute resolution process.
4823.
Consultation with other agencies on commodity classification.
4824.
Annual report to Congress.
4825.
Effect on other acts.
4826.
Transition provisions.

#### SUBCHAPTER II—ANTI-BOYCOTT ACT OF 2018

4841.
Statement of policy.
4842.
Foreign boycotts.
4843.
Enforcement.

#### SUBCHAPTER III—ADMINISTRATIVE AUTHORITIES

4851.
Under Secretary of Commerce for Industry and Security.
4852.
Assistant Secretaries of Commerce.
###### Editorial Note on Part 816

#### Editorial Note:

At 82 FR 54979, Nov. 17, 2017, as required by the Congressional Review Act and Public Law 115-5, the Office of Surface Mining Reclamation and Enforcement removed all amendments to part 816 made effective on Jan. 19, 2017, at 81 FR 93392, Dec. 20, 2016.

#### § 816.113 Revegetation: Timing.

Disturbed areas shall be planted during the first normal period for favorable planting conditions after replacement of the plant-growth medium. The normal period for favorable planting is that planting time generally accepted locally for the type of plant materials selected.

[48 FR 40160, Sept. 2, 1983, as amended at 81 FR 93392, Dec. 20, 2016; 82 FR 54979, Nov. 17, 2017]
Editorial Note on Part 75
Editorial Note: The provisions of this part marked [Statutory Provision] appear in Title III of the Federal Coal Mine Health and Safety Act of 1969.

§ 75.1108 Approved conveyor belts. ( a ) Until December 31, 2009 conveyor belts placed in service in underground coal mines shall be: ( 1 ) Approved under Part 14; or
( 2 ) Accepted under Part 18.
( b ) Effective December 31, 2009 conveyor belts placed in service in underground coal mines shall be approved under Part 14. If MSHA determines that Part 14 approved belt is not available, the Agency will consider an extension of the effective date.
( c ) Effective December 31, 2018 all conveyor belts used in underground coal mines shall be approved under Part 14.
[73 FR 80616, Dec. 31, 2008]
### §3915. Notification of benefits

The Secretary concerned shall ensure that notice of the benefits accorded by this chapter is provided in writing to persons in military service and to persons entering military service.

(Oct. 17, 1940, ch. 888, title I, §105, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2839.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 515 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

#### Prior Provisions

A prior section 105 of act Oct. 17, 1940, ch. 888, art. I, as added Oct. 6, 1942, ch. 581, §4, 56 Stat. 770; amended Pub. L. 102–12, §9(4), Mar. 18, 1991, 105 Stat. 39, related to notice of benefits to persons in and persons entering military service, prior to the general amendment of this Act by Pub. L. 108–189.

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

#### Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.
AMENDMENT DATED 6/25/2002 TO PRO. NOTE DATED 7/2/01



 Exhibit 10.34 
 AMENDMENT 
  
 This AMENDMENT No. 1, dated as of June 25, 2002, to Promissory Note (the
“Note”) dated October 1, 2001 by Gregory Fischbach (“Payor”) and Acclaim Entertainment, Inc. (“Payee”). 
  
 The parties hereto hereby agree as follows: 
  
 1.     The first
full paragraph of the Note is hereby amended and restated in its entirety as follows: 
  
 “FOR VALUE
RECEIVED, the Payor hereby unconditionally promises to pay to the order of the Payee, the principal amount of ONE MILLION SIX HUNDRED SEVENTY SIX THOUSAND TWO HUNDRED FIFTY DOLLARS ($1,676,250) together with accrued and unpaid interest thereon.
The Payor further agrees to pay interest on such principal amount at the rate Payee is charged from time to time by GMAC Commercial Credit LLC (the “Bank Rate”). All amounts payable hereunder shall be payable to Payee in United States
dollars at such bank account as shall be designated by the Payee in immediately available funds or as otherwise specified to Payor in writing. Payment on this note shall be applied first to any expenses of collection, then to accrued interest, and
thereafter to the outstanding principal balance hereof. The principal amount and accrued interest are due and payable on the earlier of (i) August 31, 2003 and (ii) to the extent of the proceeds of any “Warrant Share Sale” (as defined
below), the third business day following the date upon which Payor sells any or all of the Warrant Shares (a “Warrant Share Sale”).” 
  
 2.     The principal amount and accrued interest due under the Note shall in any event be due and payable on August 31, 2003, and such due date shall not be extended under any
circumstances. 
  
 3.     Except as expressly amended hereby, all other terms and conditions
of the Note shall remain in full force and effect in accordance with the original terms thereof. 
  
 IN WITNESS
WHEREOF, the parties have executed this Amendment No. 1 to the Note as of the day and year first above written. 
  
 
	 ACCLAIM ENTERTAINMENT, INC.
 
	 
	 By:
 	 	 /s/    JAMES R.
SCOROPOSKI        
 

	  	 	 Title: Executive Vice President
 

 
  
 
	  	  	  
  
              /s/    Gregory Fischbach
 
Title: Gregory Fischbach
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-6306

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

LAVONTE LAMONT HALLMAN,

Defendant - Appellant.

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

Charlotte. Max O. Cogburn, Jr., District Judge. (3:12-cr-00097-MOC-DCK-1; 3:15-cv00468-MOC)

Submitted: July 27, 2017 Decided: July 31, 2017

Before AGEE and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed by unpublished per curiam opinion.

Lavonte Lamont Hallman, Appellant Pro Se. John George Guise, COPELAND 

RICHARDS, Davidson, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Lavonte Lamont Hallman appeals the district court’s order denying relief on his 28 

U.S.C. § 2255 (2012) motion. Hallman challenges his career offender designation based 

on Johnson v. United States, __ U.S. __, 135 S. Ct. 2551 (2015), which declared the 

residual clause of the Armed Career Criminal Act unconstitutionally vague.* Hallman’s

argument is foreclosed by the Supreme Court’s recent decision that the Sentencing 

Guidelines, including the career offender residual clause, “are not subject to a vagueness 

challenge under the Due Process Clause.” Beckles v. United States, __ U.S.__, 137 S. Ct. 

886, 892 (2017). Accordingly, we affirm the district court’s order. We dispense with oral 

argument because the facts and legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional process.

AFFIRMED

 * Before this court, Hallman clarifies that he believes he is entitled to relief under 

our decisions in United States v. Gardner, 823 F.3d 793 (4th Cir. 2016), and United States 

v. Billups, 652 F. App’x 157 (4th Cir. 2016). These cases do not apply to Hallman as they 

address armed career criminal designations under the Armed Career Criminal Act, not 

career offender designations.