alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Fourth Court of Appeals

San Antonio, Texas

September 17, 2021

No. 04

- 21

- 00260

- CR

Norberto ADAME, Appellant

v.

The STATE of Texas, Appellee

From the 111th Judicial District Court

, Webb County, Texa s

Trial Court No. 2019CRB000094D2

Honorable Monica Z. Notzon , Judge Presiding



### O R D E R

On July 26, 2021, appellant Norberto Adame filed a motion for a free reporter’s record. He states in his motion that he is unable to pay for or give security for the reporter’s record, and he requests an evidentiary hearing to provide proof of inability to pay or give security. On August 13, 202 1, the trial court reporter filed a volume of the reporter’s record and a notification of late record. The reporter’s record show s that the trial court set a hearing on the issue of appellant’s indigency for September 1, 2021. The court reporter’s notifi cation of late record states that the trial court has set the matter of appellant’s indigency for a hearing and that the reporter’s record can be completed within thirty days after indigency is granted. On August 16, 2021, we noted the court reporter’s no tification of late record and ordered the trial court clerk to file a supplemental record containing the trial court’s order and any findings required by Rule 145(f)(6) to this court not later than September 10, 2021

.

On September 16, 2021, the trial cour t clerk filed a notification of late record, stating that the hearing scheduled for September 1, 2021, had been moved to November 2, 2021. Accordingly, t he trial court clerk’s notification of late record is NOTED

. We ORDER the trial

court clerk to file a supplemental record containing the trial court’s order and any findings required by Rule 145(f)(6) to this court not later than November 1 2 , 2021

.

_________________________________ Rebeca C. Martinez, Chie f JusticeIN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 17th day of September, 2021

.

___________________________________ MICHAEL A. CRUZ

, Clerk of Court
Sargent & Lunc:lyLLC 

Jill A. Liska 

Associate Counsel 

Tel.: (312) 269·2578 

Fax: (312) 2Sg.9731 

December 17,2010 

VIA CERTIFIED MAil 

RETURN RECEIPT REQUESTED 

U.S. Environmental Protection Agency, Region 8 

Office of Partnerships and Regulatory Assistance (8P-AR) 

1595 Wynkoop Street 

Denver, Colorado 80202-1129 

Attn: Gail Fallon 

Re: 	 Sargent & Lundy LLC Response to Information Request Under Section 114 of 

the Clean Air Act 

Dear Ms. Fallon: 

On behalf of Sargent & Lundy, L.L.C. (S&L), I am responding to the United States 

Environmental Protection Agency's (EPA) information request under Section 114(a) of 

the Clean Air Act dated December 6, 2010 (Letter) addressed to William DePriest, 

Senior Vice President, Environmental Services. That Letter requests S&L to provide 

certain information about Leland aids Station Unit 2 in Stanton, North Dakota. Although 

we have not yet received the certified Letter, we received a copy of it from you 

electronically on December 10, 2010. 

As you can probably appreciate, an organization of our size and complexity has a 

number of mandatory deadlines that directly coincide with the end of a calendar year. 

The end of this year is no different. Additionally, we have determined that many relevant 

employees and key people outside of S&L have limited schedules in December due to 

the holiday season that impact our ability to meet the EPA's proposed deadline of ten 

(10) calendar days from receipt of the Letter. 

Because of the overwhelming number of S&L's current obligations through the end of 

the year and the limited availability of key people who will have to be consulted to ensure 

the preparation and submission of an appropriate response to the Letter, we ask for a 

reasonable extension of time to respond. Specifically, we ask for an extension until 

January 7, 2011, which is the end of the first full week in January. The additional time is 

reasonable based upon the apparent nature and scope of the information requested and 

the unique circumstances faced by S&L at this time of year. 

55 East Monroe Street· Chicago, IL 60603-5780 USA· 312-269-2000 
Ms. Gail Fallon Page 2 

December 17,2010 

Thank you for your consideration of this matter. Please contact me at if you have any 

questions. 

Sincerely, (J-u..


J~ Associate Counsel 

Sargent & Lundy, L.L.C. 

JAL:gvc 

Copies 

cc:Bill DePriest, S&L 

USEnvironmental12172010
### §950aaa–5. Authorization of appropriations

There are authorized to be appropriated to carry out this chapter $82,000,000 for each of fiscal years 2019 through 2023.

(Pub. L. 101–624, title XXIII, §2335A, as added Pub. L. 104–127, title VII, §704, Apr. 4, 1996, 110 Stat. 1112; amended Pub. L. 107–171, title VI, §6203(a), May 13, 2002, 116 Stat. 421; Pub. L. 110–234, title VI, §6201(b), May 22, 2008, 122 Stat. 1206; Pub. L. 110–246, §4(a), title VI, §6201(b), June 18, 2008, 122 Stat. 1664, 1967; Pub. L. 113–79, title VI, §6201(a), Feb. 7, 2014, 128 Stat. 856; Pub. L. 115–334, title VI, §6102(a), Dec. 20, 2018, 132 Stat. 4728.)

#### Termination of Section

For termination of section by section 1(b) of Pub. L. 102–551, see Termination of Chapter note set out under section 950aaa of this title.

#### **Editorial Notes**

#### Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

#### Prior Provisions

A prior section 950aaa–5, Pub. L. 101–624, title XXIII, §2335A, as added Pub. L. 102–551, §1(a), Oct. 28, 1992, 106 Stat. 4098; amended Pub. L. 103–354, title II, §235(b)(4)(C), Oct. 13, 1994, 108 Stat. 3222, related to special health care and distance learning program for qualified service areas, prior to the general amendment of this chapter by Pub. L. 104–127.

#### Amendments

2018—Pub. L. 115–334 substituted "$82,000,000 for each of fiscal years 2019 through 2023" for "$75,000,000 for each of fiscal years 2014 through 2018".

2014—Pub. L. 113–79 substituted "$75,000,000 for each of fiscal years 2014 through 2018" for "$100,000,000 for each of fiscal years 1996 through 2012".

2008—Pub. L. 110–246, §6201(b), substituted "2012" for "2007".

2002—Pub. L. 107–171 substituted "2007" for "2002".

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

#### Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title.
<TABLE> <S> <C>

<ARTICLE>          5
<MULTIPLIER>       1,000
<CURRENCY>         U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               JUN-30-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           9,731
<SECURITIES>                                         0
<RECEIVABLES>                                   16,119
<ALLOWANCES>                                     5,958
<INVENTORY>                                      7,489
<CURRENT-ASSETS>                                51,877
<PP&E>                                           7,271
<DEPRECIATION>                                  12,620
<TOTAL-ASSETS>                                  67,713
<CURRENT-LIABILITIES>                           21,676
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           115
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    67,713
<SALES>                                         43,336
<TOTAL-REVENUES>                                43,336
<CGS>                                           19,646
<TOTAL-COSTS>                                   44,489
<OTHER-EXPENSES>                                 2,877
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (3,498)
<INCOME-TAX>                                     1,335
<INCOME-CONTINUING>                            (2,163)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (2,163)
<EPS-PRIMARY>                                   (0.19)
<EPS-DILUTED>                                   (0.19)
        

</TABLE>
#### Gertrude Sowell, Respondent, v Fannie J. Wright, Respondent, and Mt. Vernon Public Livery, Inc., et al., Appellants.

Appeal from order of the Supreme Court, Bronx County, entered on July 3, 1978, dismissed as academic, without costs and without disbursements. No opinion. Concur—Kupferman, J. P., Birns, Lane and Markewich, JJ.
# States

# Sheet1
§ 651.1 Purpose. ( a ) This part implements the National Environmental Policy Act of 1969 (NEPA), setting forth the Army's policies and responsibilities for the early integration of environmental considerations into planning and decision-making.
( b ) This part requires environmental analysis of Army actions affecting human health and the environment; providing criteria and guidance on actions normally requiring Environmental Assessments (EAs) or Environmental Impact Statements (EISs), and listing Army actions that are categorically excluded from such requirements, provided specific criteria are met.
( c ) This part supplements the regulations of the Council on Environmental Quality (CEQ) in the Code of Federal Regulations (CFR) (40 CFR parts 1500-1508) for Army actions, and must be read in conjunction with them.
( d ) All Army acquisition programs must use this part in conjunction with Department of Defense (DOD) 5000.2-R (Mandatory Procedures for Major Defense Acquisition Programs and Major Automated Information Systems).
( e ) This part applies to actions of the Active Army and Army Reserve, to functions of the Army National Guard (ARNG) involving federal funding, and to functions for which the Army is the DOD executive agent. It does not apply to Civil Works functions of the US Army Corps of Engineers (USACE) or to combat or combat-related activities in a combat or hostile fire zone. Operations Other Than War (OOTW) or Stability and Support Operations (SASO) are subject to the provisions of this part as specified in subpart H of this part. This part applies to relevant actions within the United States, which is defined as all States; the District of Columbia; territories and possessions of the United States; and all waters and airspace subject to the territorial jurisdiction of the United States. The territories and possessions of the United States include the Virgin Islands, American Samoa, Wake Island, Midway Island, Guam, Palmyra Island, Johnston Atoll, Navassa Island, and Kingman Reef. This regulation also applies to actions in the Commonwealths of Puerto Rico and the Northern Marianas, the Republic of the Marshall Islands, and the Federated States of Micronesia and Palau (Republic of Belau). In addition, this part addresses the responsibility of the Army for the assessment and consideration of environmental effects for peacetime SASO operations worldwide. Throughout this part, emphasis is placed upon quality analysis of environmental effects, not the production of documents. Documentation is necessary to present and staff results of the analyses, but the objective of NEPA and Army NEPA policy is quality analysis in support of the Army decision maker. The term “analysis” also includes any required documentation to support the analysis, coordinate NEPA requirements, and inform the public and the decision maker.
1.301 Policy. ( a ) ( 1 ) Subject to the authorities in paragraph (c) below and other statutory authority, an agency head may issue or authorize the issuance of agency acquisition regulations that implement or supplement the FAR and incorporate, together with the FAR, agency policies, procedures, contract clauses, solicitation provisions, and forms that govern the contracting process or otherwise control the relationship between the agency, including any of its suborganizations, and contractors or prospective contractors.
( 2 ) Subject to the authorities in (c) below and other statutory authority, an agency head may issue or authorize the issuance of internal agency guidance at any organizational level (e.g., designations and delegations of authority, assignments of responsibilities, work-flow procedures, and internal reporting requirements).
( b ) Agency heads shall establish procedures to ensure that agency acquisition regulations are published for comment in the Federal Register in conformance with the procedures in subpart 1.5 and as required by 41 U.S.C. 1707, and other applicable statutes, when they have a significant effect beyond the internal operating procedures of the agency or have a significant cost or administrative impact on contractors or offerors. However, publication is not required for issuances that merely implement or supplement higher level issuances that have previously undergone the public comment process, unless such implementation or supplementation results in an additional significant cost or administrative impact on contractors or offerors or effect beyond the internal operating procedures of the issuing organization. Issuances under 1.301(a)(2) need not be publicized for public comment.
( c ) When adopting acquisition regulations, agencies shall ensure that they comply with the Paperwork Reduction Act (44 U.S.C. 3501, *et seq.*) as implemented in 5 CFR part 1320 (see 1.105) and the Regulatory Flexibility Act (5 U.S.C. 601, *et seq.*). Normally, when a law requires publication of a proposed regulation, the Regulatory Flexibility Act applies and agencies must prepare written analyses or certifications as provided in the law.
( d ) Agency acquisition regulations implementing or supplementing the FAR are, for— ( 1 ) The military departments and defense agencies, issued subject to the authority of the Secretary of Defense;
( 2 ) NASA activities, issued subject to the authorities of the Administrator of NASA; and
( 3 ) The civilian agencies other than NASA, issued by the heads of those agencies subject to the overall authority of the Administrator of General Services or independent authority the agency may have.
[48 FR 42103, Sept. 19, 1983, as amended at 50 FR 2269, Jan. 15, 1985; 54 FR 5054, Jan. 31, 1989; 79 FR 24195, Apr. 29, 2014]
14.201-2 Part I—The Schedule. The contracting officer shall prepare the Schedule as follows: ( a ) *Section A, Solicitation/contract form.* ( 1 ) Prepare the invitation for bids on SF 33, or the SF 1447, unless otherwise permitted by this regulation. The SF 33 is the first page of the solicitation and includes Section A of the uniform contract format. When the SF 1447 is used as the solicitation document, the information in subdivisions (a)(2)(i) and (a)(2)(iv) of this subsection shall be inserted in block 9 of the SF 1447.
( 2 ) When the SF 33 or SF 1447 is not used, include the following on the first page of the invitation for bids: ( i ) Name, address, and location of issuing activity, including room and building where bids must be submitted.
( ii ) Invitation for bids number.
( iii ) Date of issuance.
( iv ) Time specified for receipt of bids.
( v ) Number of pages.
( vi ) Requisition or other purchase authority.
( vii ) Requirement for bidder to provide its name and complete address, including street, city, county, State, and ZIP code.
( viii ) A statement that bidders should include in the bid the address to which payment should be mailed, if that address is different from that of the bidder.
( b ) *Section B, Supplies or services and prices.* Include a brief description of the supplies or services; *e.g.,* line item number, national stock number/part number if applicable, title or name identifying the supplies or services, and quantities (see part 11). The SF 33 and SF 1447 may be supplemented as necessary by the Optional Form 336 (OF 336), Continuation Sheet.
( c ) *Section C, Description/specifications.* Include any description or specifications needed in addition to Section B to permit full and open competition (see part 11).
( d ) *Section D, Packaging and marking.* Provide packaging, packing, preservation, and marking requirements, if any.
( e ) *Section E, Inspection and acceptance.* Include inspection, acceptance, quality assurance, and reliability requirements (see part 46, Quality Assurance).
( f ) *Section F, Deliveries or performance.* Specify the requirements for time, place, and method of delivery or performance (see subpart 11.4, Delivery or Performance Schedules).
( g ) *Section G, Contract administration data.* Include any required accounting and appropriation data and any required contract administration information or instructions other than those on the solicitation form.
( h ) *Section H, Special contract requirements.* Include a clear statement of any special contract requirements that are not included in Section I, Contract clauses, or in other sections of the uniform contract format.
[48 FR 42171, Sept. 19, 1983, as amended at 50 FR 1737, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985; 51 FR 27119, July 29, 1986; 54 FR 48982, Nov. 28, 1989; 55 FR 38516, Sept. 18, 1990; 60 FR 48248, Sept. 18, 1995; 82 FR 4713, Jan. 13, 2017; 83 FR 42572, Aug. 22, 2018]
§ 750.11 Claims: Denial. A final denial of any claim within this chapter shall be in writing and sent to the claimant, his attorney, or legal representative by certified or registered mail with return receipt requested. The denial notification shall include a statement of the reason or reasons for the denial. The notification shall include a statement that the claimant may: ( a ) If the claim is cognizable under the Federal Tort Claims Act, file suit in the appropriate United States District Court within 6 months of the date of the denial notification.
( b ) If the claim is cognizable under the Military Claims Act, appeal in writing to the Office of the Judge Advocate General, Claims and Tort Litigation Division within 30 days of the receipt of the denial notification. The notice of denial shall inform the claimant or his representative that is suit is not possible under the act.
[57 FR 4722, Feb. 7, 1992, as amended at 72 FR 53419, Sept. 19, 2007]
§ 935.80 Subpoenas. ( a ) A Judge or the Clerk of the Court shall issue subpoenas for the attendance of witnesses. The subpoena must include the name of the Court and the title, if any, of the proceeding; and shall command each person to whom it is directed to attend and give testimony at the time and place specified therein. The Clerk may issue a subpoena for a party requesting it, setting forth the name of the witness subpoenaed.
( b ) A Judge or the Clerk may also issue a subpoena commanding the person to whom it is directed to produce the books, papers, documents, or other objects designated therein. The Court may direct that books, papers, documents, or other objects designated in the subpoena be produced before the Court at a time before the trial or before the time when they are to be offered into evidence. It may, upon their production, allow the books, papers, documents, or objects or portions thereof to be inspected by the parties and their representatives.
( c ) Any peace officer or any other person who is not a party and who is at least 18 years of age may serve a subpoena. Service of a subpoena shall be made by delivering a copy thereof to the person named.
( d ) The Clerk of the Court shall assess and collect a witness fee of $40 for each subpoena requested by any party other than the United States, which shall be tendered to the witness as his witness fee together with service of the subpoena. Witnesses subpoenaed by the Island Attorney shall be entitled to a fee of $40 upon presentment of a proper claim therefor on the United States. No duly summoned witness may refuse, decline, or fail to appear or disobey a subpoena on the ground that the witness fee was not tendered or received.
( e ) Upon a showing that the evidence is necessary to meet the ends of justice and that the defendant is indigent, the Public Defender may request the Court to direct the Island Attorney to obtain the issuance of a subpoena on behalf of a defendant in a criminal case. Witnesses so called on behalf of the defendant shall be entitled to the same witness fees as witnesses requested by the Island Attorney.
( f ) Subpoenas may be credited only to persons or things on Wake Island.
( g ) No person who is being held on Wake Island because of immigration status shall be entitled to a witness fee, but shall nevertheless be subject to subpoena like any other person.
§ 635.16 Fingerprint Card and Final Disposition Report Submission Requirements. ( a ) *General.* This paragraph implements DoDI 5505.11, Fingerprint Card and Final Disposition Report Submission Requirements, which prescribes procedures for Army LE to report offender criminal history data, by submitting FBI Form FD 249 (Suspect Fingerprint Card) to USACRC. USACRC forwards this data to the Criminal Justice Information Services (CJIS) division of the FBI for inclusion in the Next Generation Identification Database. This paragraph does not eliminate other requirements to provide criminal history data, including those concerning the DIBRS.
( b ) Installation PM/DES will submit offender criminal history data to USACRC, based on a probable cause standard determined in conjunction with the servicing SJA or legal advisor for all civilians investigated for offenses equivalent to those listed in DoDI 5505.11. This includes foreign nationals, persons serving with or accompanying an armed force in the field in time of declared war or contingency operations, and persons subject to Public Law 106-523 in accordance with DoDI 5525.11 (Available at *http://www.dtic.mil/whs/directives/corres/pdf/552511p.pdf*), Criminal Jurisdiction Over Civilians Employed By or Accompanying the Armed Forces Outside the United States, Certain Service Members, and Former Service Members.
( c ) For purposes of this paragraph commanders will notify their installation PMO/DES when they become aware that a non-DoD and/or foreign LE organization has initiated an investigation against a Soldier, military dependent, or DoD civilian employee or contractor, for the equivalent of an offense listed in DoDI 5525.11 (available at *http://www.dtic.mil/whs/directives/corres/pdf/552511p.pdf*), Enclosure 2, or punishable pursuant to the U.S.C.