alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 436.35 Standard terms and conditions. ( a ) *Mandatory requirements.* In addition to contractual provisions otherwise required by the Act or this subpart, any energy savings performance contract shall contain clauses— ( 1 ) Authorizing modification, replacement, or changes of equipment, at no cost to the Federal agency, with the prior approval of the contracting officer who shall consider the expected level of performance after such modification, replacement or change;
( 2 ) Providing for the disposition of title to systems and equipment;
( 3 ) Requiring prior approval by the contracting officer of any financing agreements (including lease-acquisitions) and amendments to such an agreement entered into after contract award for the purpose of financing the acquisition of energy conservation measures;
( 4 ) Providing for an annual energy audit and identifying who shall conduct such an audit, consistent with § 436.37 of this subpart; and
( 5 ) Providing for a guarantee of energy cost savings to the Federal agency, and establishing payment schedules reflecting such guarantee.
( b ) *Third party financing.* If there is third party financing, then an energy savings performance contract may contain a clause: ( 1 ) Permitting the financing source to perfect a security interest in the installed energy conservation measures, subject to and subordinate to the rights of the Federal agency; and
( 2 ) Protecting the interests of a Federal agency and a financing source, by authorizing a contracting officer in appropriate circumstances to require a contractor who defaults on an energy savings performance contract or who does not cure the failure to make timely payments, to assign to the financing source, if willing and able, the contractor's rights and responsibilities under an energy savings performance contract;
PUBLIC LAW 109–342—OCT. 13, 2006 120 STAT. 1867

LEGISLATIVE HISTORY—H.R. 1556:

CONGRESSIONAL RECORD, Vol. 152 (2006):

Sept. 27, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

Public Law 109–342

109th Congress

An Act

To designate a parcel of land located on the site of the Thomas F. Eagleton

United States Courthouse in St. Louis, Missouri, as the ‘‘Clyde S. Cahill Memorial

Park’’.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. DESIGNATION.

The parcel of land described in section 3, and located on the

site of the Thomas F. Eagleton United States Courthouse in St.

Louis, Missouri, shall be known and designated as the ‘‘Clyde

S. Cahill Memorial Park’’.

SEC. 2. REFERENCES.

Any reference in a law, map, regulation, document, paper,

or other record of the United States to the parcel of land described

in section 3 shall be deemed to be a reference to the ‘‘Clyde S.

Cahill Memorial Park’’.

SEC. 3. PROPERTY DESCRIPTION.

The parcel of land designated under section 1 is the parcel

bounded by South 10th Street, Clark Avenue, South 9th Street,

and Walnut Street in St. Louis, Missouri.

Approved October 13, 2006.

Oct. 13, 2006

[H.R. 1556]
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 60280 Summary Calendar

VICTOR HUGO CERVANTES

- GONZALEZ, also known as Victor Hugo Cervantes ,
Petitioner

v. ERIC H. HOLDER, JR., U. S. ATTORNEY GENERAL , Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A200 723 617

Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * Petitioner Victor Hugo Cervantes

- Gonzalez (Cervantes), a native and citizen of Mexico, seeks our review of an order by the Board of Immigration Appeals (BIA) dismissing his appeal of an order of the Immigration Judge (IJ) that denied his application for wi thholding of removal. Cervantes asserts that he is entitled to withholding of removal because he suffered persecution in

* 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. United States Court of Appeals Fifth Circuit 

### FILED January 9, 2014

Lyle W. Cayce Clerk Case: 13-60280 Document: 00512494759 Page: 1 Date Filed: 01/09/2014N o. 13

- 60280

Mexico when individuals who had taken a vehicle from Cervantes without paying for it kidnapped and beat Cervantes’s brother and threat ened to kill Cervantes after he reported the theft to the police. The BIA determined that Cervantes had failed to establish past persecution based on his membership in a particular social group. Cervantes has failed to brief sufficiently that he was pers ecuted on the basis of his membership in a particular social group. Pursuant to
Rule 28(a)(8 )(A) of the Federal Rules of Appellate Procedure , an appellant’s argument must contain the reasons for the requested relief with citation to the authorities, statu tes, and parts of the record on which he relies. Cervantes’s brief fails to meet this standard, as it contains only speculative and conclusional assertions relating to past persecution; he makes no argument relating to his membership in a particular socia l group. See Soadjede v. Ashcroft , 324 F.3d 830, 833 (5th Cir. 2003) (holding that arguments not briefed are abandoned). Furthermore , Cervantes’s conclusional assertions are insufficient to establish that he is entitled to withholding of removal. See Or ellana

- Monson v. Holder , 685 F.3d 511, 518

- 19 (5th Cir. 2012); Roy v. Ashcroft , 389 F.3d 132, 138 (5th Cir. 2004). Consequently, Cervantes’s petition for review is DENIED.

2 Case: 13-60280 Document: 00512494759 Page: 2 Date Filed: 01/09/2014
PGI 247.370 DD Form 1384, Transportation

Control and Movement.

DTR 4500.9-R, Defense Transportation Regulation, Part II, Chapter 203 is available at

http://www.transcom.mil/dtr/part-ii/dtr_part_ii_203.pdf.

Parent topic: PGI 247.3 -TRANSPORTATION IN SUPPLY CONTRACTS
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 96-6302

JAMES WILLIAM PAYNE,

Petitioner - Appellant,

versus

WILLIAM L. SMITH, Warden; ATTORNEY GENERAL OF

THE STATE OF MARYLAND,

Respondents - Appellees.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. John R. Hargrove, Senior District Judge.

(CA-95-273-HAR)

Submitted: July 2, 1996 Decided: July 26, 1996

Before ERVIN, MICHAEL, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

James William Payne, Appellant Pro Se. John Joseph Curran, Jr.,

Attorney General, Ann Norman Bosse, Michelle Nicol Levister, OFFICE

OF THE ATTORNEY GENERAL OF MARYLAND, Baltimore, Maryland, for

Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* As amended by Antiterrorism and Effective Death Penalty Act

of 1996, Pub. L. No. 104-132, 110 Stat. 1217.

2

PER CURIAM:

Appellant appeals from the district court's order denying

relief on his 28 U.S.C. § 2254 (1988) petition.* We have reviewed

the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Payne

v. Smith, No. CA-95-273-HAR (D. Md. Feb. 20, 1996). We dispense

with oral argument because the facts and legal contentions are

adequately presented in the materials before the court and argument

would not aid the decisional process.

AFFIRMED
UN PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 17
- 7305

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,

v. RAUF ABDUL SALAM, a/k/a Pierre Demaro Banks, a/k/a Radio , Defendant

- Appellant

.

Appeal from the United States District Court for the Western District of Virginia , at Roanoke

. Glen E. Conrad , District Judge. ( 7:12

- cr - 00073

- GEC

- RSB

- 2; 7:16

- cv - 81210

- GEC )

Submitted : December 21 , 2017 Decided: December 28, 2017

Before WILKINSON and D UNCAN , Circuit Judges , and HAMILTON, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

. Rauf Abdul Salam, Appellant Pro Se. Ronald Andrew Bassford, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Roanoke , Virginia; Daniel P. Bubar, OFFICE OF THE UNITED STATES ATTORNEY , Raleigh, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Rauf Abdul Salam seeks to appeal the district court’s order denying reli ef on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of t he constitutional claims is debatable or wrong. Slack v. McDaniel , 529 U.S. 473, 484 (2000); see Miller

- El v. Cockrell , 537 U.S. 322, 336

- 38 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. Slack , 529 U.S. at 484

- 85. We have independently reviewed the record and conclude that Salam has not made the requisite sho wing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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. DISMISSED
UNITED STATES DISTRICT COURT

M IDDLE DISTRICT OF ALABA M A

OFFICE OF THE CLERK

POST OFFICE BOX 711

MONTGOMERY, ALABAMA 36101-0711

DEBRA P. HACKETT, CLERK

TELEPHONE (334) 954-3600

September 5, 2006

 NOTICE OF REASSIGNMENT

To: All Counsel of Record

Re: Adams v. Metropolitan Life Insurance Company et al 

Civil Action No. 2:06-cv-00753-CSC

The above-styled case has been reassigned to Judge Mark E. Fuller.

Please note that the case number is now 2:06-cv-00753-MEF. This new case number

should be used on all future correspondence and pleadings in this action.

 

Case 2:06-cv-00753-MEF-CSC Document 3 Filed 09/05/2006 Page 1 of 1
Enclosure: Table of SNAP Refrigeration and Air Conditioning End-Uses and Applications

End-Use Application

New (N), 

retrofit (R), or 

both (N/R)?

Typical 

Charge Size 

(kg)

Maximum 

Charge Size 

(kg)

Chillers (Commercial 

Comfort AC)

Centrifugal Chillers,

Positive Displacement Chillers (includes 

Reciprocating, Screw, Scroll, Rotary 

Compressors) 

N 4 12

Industrial Process 

Refrigeration (IPR)

Industrial Process Air 

Conditioning

Ice Skating Rinks

Cold Storage 

Warehouses N 6 12

Refrigerated Transport

Refrigerated Trailers (Reefers) 

Refrigerated Shipping Containers 

Refrigeration Equipment within 

Motorized Vehicle (e.g., food delivery, 

ice cream truck, ship hold)

Retail Food 

Refrigeration

Remote Rack System, Direct

Remote Rack System, Indirect

Stand-alone Units (self-contained 

equipment such as individual reach-in 

coolers, glass door merchandisers, 

fountain beverage dispenser, frozen 

beverage dispenser, etc.)

Remote Condensing Units for Walk-in 

Coolers or Multiple Reach-in Coolers

Vending Machines

Drinking Water Coolers

Built-in Water Fountain

Stand-alone Water Coolers 

Commercial Ice 

Machines

Self-contained Ice Machines

Remote Ice Machines

Household 

Refrigerators and 

Freezers

Household Refrigerator and Freezers

Small Refrigerated Household 

Appliances (e.g., chilled kitchen drawers, 

wine coolers, and mini-fridges) 

Residential and Light 

Commercial Air 

Conditioning and Heat 

Pumps

Room Air Conditioners (such as window 

units, packaged terminal air conditioners 

(PTAC) and heat pumps (PTHP), and 

portable self-contained air conditioners)

Mini-Splits, Non-Ducted

Multi-Splits, Non-Ducted

Split-Systems, Ducted, Household 

(Central A/C)
Split-Systems, Ducted, Light Commercial 

(Central A/C)

Packaged Rooftop Units 

Water-Source Air Conditioning and Heat 

Pumps

Ground-Source Air Conditioning and 

Heat Pumps

Residential 

Dehumidifiers

Motor Vehicle Air 

Conditioning

Light-duty Vehicles (e.g., passenger cars)

Light-duty Trucks (e.g., minivans, full 

size pick-up trucks, and full-size SUVs)

Heavy-duty Vehicles (e.g., heavy-duty 

pickup trucks and vans, and commercial 

medium and heavy-duty on-highway 

vehicles)

Off-road Vehicles (e.g., farm and 

construction equipment)

Buses and Passenger Rail 

Non-mechanical Heat 

Transfer 

Thermosiphon 

Recirculating Coolers 

Mechanical Heat 

Transfer Organic Rankine Cycle (ORC)

Very Low Temperature 

Refrigeration

Other (specify)

Uranium Isotope Separation Processing 

Ice Cream Makers
§ 436.42 Evaluation of Life-Cycle Cost Effectiveness. For the purpose of compliance with section 553 of the National Energy Conservation Policy Act: ( a ) ENERGY STAR qualified and FEMP designated products may be assumed to be life-cycle cost-effective.
( b ) In making a determination that a covered product is not life-cycle cost-effective, an agency should rely on the life-cycle cost analysis method in part 436, subpart A, of title 10 of the Code of Federal Regulations.
IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

BONITA J. OWENSBY, )

)

Plaintiff, )

v. ) CASE NO. 2:06-cv-796-WKW

)

J. F. INGRAM STATE TECHNICAL )

COLLEGE, et al., )

)

Defendants. )

RULE 26(f) ORDER

The parties are hereby reminded of the obligation, imposed by Rule 26(f) of the Federal

Rules of Civil Procedure, to confer and to develop a proposed discovery plan. The Rule 26(f)

report containing the discovery plan shall be filed as soon as practicable but not later than

December 8, 2006.

The longstanding practice in this district is that dispositive motions shall be filed no later

than 90 days prior to the pretrial date. If the parties seek to vary from that schedule, they should

present, in the plan, specific case related reasons for the requested variance.

This case will be set for trial before the undersigned judge during one of that judge's

regularly scheduled civil trial terms. The pretrial date is normally set within four to six weeks of

a scheduled trial term. The dates of each judge's civil trial terms are available on the court's

website located at http://almd.uscourts.gov in the civil case information section.

This court may or may not hold a scheduling conference before issuing a scheduling

order. If the court holds a scheduling conference, counsel may participate in the scheduling

conference by conference call.

The scheduling order entered by the court will follow the form of the Uniform Scheduling

Case 2:06-cv-00796-WKW-CSC Document 16 Filed 11/17/2006 Page 1 of 2
Order adopted by the judges of this court. The Uniform Scheduling Order is also available on the

court's website.

The report of the parties should comply with Form 35 of the Appendix of Forms to the

Federal Rules of Civil Procedure.

DONE this 17th day of November, 2006.

 /s/ W. Keith Watkins 

UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00796-WKW-CSC Document 16 Filed 11/17/2006 Page 2 of 2
I 

115TH CONGRESS 

1ST SESSION H. R. 951 

To extend the deadline for commencement of construction of a hydroelectric 

project. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 7, 2017 

Ms. FOXX introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To extend the deadline for commencement of construction 

of a hydroelectric project. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. EXTENSION. 

4 (a) IN GENERAL.—Notwithstanding the time period 

5 specified in section 13 of the Federal Power Act (16 

6 U.S.C. 806) that would otherwise apply to the Federal En7 ergy Regulatory Commission project numbered 12642, the 

8 Commission may, at the request of the licensee for the 

9 project, and after reasonable notice, in accordance with 

10 the good faith, due diligence, and public interest requireVerDate Sep 11 2014 21:11 Feb 16, 2017 Jkt 069200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H951.IH H951

srobinson on DSK5SPTVN1PROD with BILLS
2 

•HR 951 IH

1 ments of that section and the Commission’s procedures 

2 under that section, extend the time period during which 

3 the licensee is required to commence the construction of 

4 the project for up to 3 consecutive 2-year periods from 

5 the date of the expiration of the extension originally issued 

6 by the Commission. 

7 (b) REINSTATEMENT OF EXPIRED LICENSE.—If the 

8 period required for commencement of construction of the 

9 project described in subsection (a) has expired prior to the 

10 date of the enactment of this Act, the Commission may 

11 reinstate the license effective as of the date of its expira12 tion and the first extension authorized under subsection 

13 (a) shall take effect on the date of such expiration. 

Æ 


srobinson on DSK5SPTVN1PROD with BILLS
#### The People of the State of New York ex rel. Randolph Odom, Appellant, v. Charles Cyrta, as Warden of Suffolk County Jail, Respondent.

Judgment of the County Court, Suffolk County, dated January 22,1970, affirmed, without costs. *(People ex rel. Grm*v. *Beegan,*30 A D 2d 976, mot. for lv. to app. den. 23 N Y 2d 805.) Christ, P. J., Rabin, Munder, Latham and Kleinfeld, JJ., concur.
PGI 218.271 Use of electronic business tools.

(a) Use of electronic business (e-business) acquisition tools greatly enhances the efficacy of the

contracting process in a contingency business environment (CBE). The CBE involves specific tools,

policies, roles and responsibilities, and processes necessary to streamline delivery of goods and

services to the end user and to implement an e-business program with the capabilities necessary to

support an end-to-end electronic acquisition process in order to quickly obtain goods and services

for the warfighter in an operational area. For information and procedures to effectively utilize CBE

e-business tools, and additional policy references supporting use of the e-business tools, see the DoD

CBE Guidebook at https://www.acq.osd.mil/asda/dpc/cp/cc/docs/resources/CBE_Guidebook.docx .

(b) Use of the following CBE e-business tools is mandatory when supporting a contingency or

humanitarian or peacekeeping operation as defined in FAR 2.101:

(1) The 3in1 Tool. The 3in1 Tool automates the field order, receipt, and purchase processes

previously executed manually using the paper Standard Form (SF) 44. The 3in1 handheld device

records and transmits cash and carry type purchases and payment data to the prime database for

remote reconciliation and review, when conducting on-the-spot, over-the-counter field purchases

where use of the Government Purchase Card is appropriate, but not feasible. The 3in1 database may

be accessed on the Joint Contingency Contracting Systems (JCCS) website at

https://www.jccs.gov/olvr/.

(2) The Acquisition Cross-Servicing Agreements (ACSA) Global Automated Tracking and Reporting

System (AGATRS). AGATRS is an automated tool that tracks and provides visibility into worldwide

ACSAs that may satisfy a requirement through support from the host nation or other nations

supporting the contingency. ACSA transactions that are used in support of contingency or

humanitarian or peacekeeping operations are required to be documented and tracked in AGATRS as

required by the Chairman of the Joint Chiefs of Staff Instruction 2120.01D, Acquisition and Cross

Servicing Agreements (https://www.jcs.mil/Portals/36/Documents/Library/Instructions/2120_01.p...).

AGATRS is accessible on the JCCS website at https://www.jccs.gov/olvr.

(c) No other electronic tools may be used to fulfill the same capabilities as 3in1 and AGATRS.

(d) See PGI 225.370 (a)(ii) regarding use of the Theater Business Clearance CBE e-business tool.

Parent topic: PGI 218.2 -EMERGENCY ACQUISITION FLEXIBILITIES
§ 431.421 Purpose and scope. ( a ) The regulations in this subpart prescribe the procedures to be followed in connection with petitions requesting a rule that a State regulation prescribing an energy conservation standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered equipment not be preempted.
( b ) The regulations in this subpart also prescribe the procedures to be followed in connection with petitions to withdraw a rule exempting a State regulation prescribing an energy conservation standard or other requirement respecting energy use or energy efficiency of a type (or class) of covered equipment.
PGI 205.207 Preparation and transmittal of

synopses.

(a)(i) Notice numbering.

(1) For a particular procurement, when submitting notices at different stages of the acquisition (i.e.,

sources sought notice, pre-solicitation notice, award notice), ensure the solicitation number is

entered exactly the same way in order to allow all to be retrieved when a search is performed.

(2) Use only alpha-numeric characters in the solicitation and award number data elements in the

GPE. Do not include hyphens, slashes, or other special characters.

(d) Special notices for small business events. When advertising an event for small businesses, post a

'special notice' notice type and ensure the "title" data field begins with "Small Business Event". This

will enable the public to easily search the GPE using the small business event calendar on the

website.

Parent topic: PGI 205.2 -SYNOPSES OF PROPOSED CONTRACT ACTIONS
# PGI 207.103 Agency-head responsibilities.

(h) Submit acquisition plans for procurement of conventional ammunition to—

Joint Program Executive Office Armaments and Ammunition

                    ATTN: SFAE-AA

                    Building 1           

                    Picatinny Arsenal, NJ 07806-5000

Telephone: Commercial 973-724-7101; DSN 880-7101

Email: usarmy.pica.peo-ammo.list.zjs-section-806@mail.mil

**Parent topic:**PGI 207.1 -ACQUISITION PLANS
#### § 431.483 Definitions.

The definitions applicable to this subpart are defined in section 2 “Glossary” of UL 1004-10:2022 (incorporated by reference, see § 431.482). In addition, the following definition applies:

*Basic model* means all units of dedicated purpose pool pump motors manufactured by a single manufacturer, that are within the same equipment class, have electrical characteristics that are essentially identical, and do not have any differing physical or functional characteristics that affect energy consumption or efficiency.

[88 FR 67041, Sept. 28, 2023]