alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In The Matter Of: 

### SERVED: September 26, 2016 

## U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2014-0115 Redemption Air, Inc. ) ) ) ) ) Case No. 2013AL030106 Respondent


### ORDERSETTING PREHEARING CONFERENCE
OnJuly 20, 2016, the undersignedjudgeheld a prehearing conference withthe parties in the above captioned case. During the conference, the parties agreed to hold the week ofF ebruary 13, 2017 open for a possible hearing. The parties also discussed changing the established venue from Anchorage, AK, to Kodiak, AK. Since the prehearing conference, the undersignedjudgehas attempted to obtain appropriate space for the hearing onthe requested dates as well as other dates. There is, however, no availability in Kodiak for this hearing on a date that works for the parties within the next 1 0 months. Further, Respondent's Counsel has advised the undersignedjudge's office thathe has booked another trial onthe previously agreed upon week. Pursuantto 14 C.F.R. § 13.205(a)(l) and (7), 

### IT IS HEREBY ORDERED: 1. The parties shall appear by telephone for a prehearing conference withthe undersigned judge on 

### October 11,2016 at 3pmEastern time. 2. The parties shall access the conference by dialing telephone number 

### 888-204-5984 and then inputting access code 

### 6392406 when prompted. 3. During the conference, the parties

**~hall** be prepared to discuss venue, possible hearing

Administrative LawJudge
Attachment: Service ListSERVICE LIST

- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W10001

Brent R. Cole, Respondent's Counsel Law Office ofBrent R. Cole, P.C. 821 N Street, Suite 208 Anchorage AK 99501 TEL: 907-277-8001 FAX: 907-277-8002 Glenn H. Brown, Complainant's Counsel Federal AviationAdministration Enforcement Division, Western Team 222 West 7th Avenue, #14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 ONE COPY

The Honorable Douglas M. Rawald,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0115 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
|SECURITIES AND EXCHANGE COMMISSION
|----------------------------------

|Washington, D.C. 20549
|----------------------

|FORM 6-K
|--------

|REPORT OF FOREIGN ISSUER
      PURSUANT TO RULE 13a-16 OR 15b-16 OF
      THE SECURITIES EXCHANGE ACT OF 1934
|-------------------------------------------------------------------------------------------------------------

|For December 31, 2002
|---------------------

|Distribution and Service D&S, Inc.
|----------------------------------

|(Translation of registrants name into English)
|-----------------------------------------------

|Distribución y Servicio D&S S.A.
      Avenida Presidente Eduardo Frei Montalva 8301
|------------------------------------------------------------------------------------

|Quilicura
      Santiago
      Chile
      (Address of principal executive offices)
|-----------------------------------------------------------------------------------

|Form 20-F |X| Form 40-F |_|
|---------------------------

|Indicate by check mark whether
      the registrant by furnishing the information contained in this Form is also
      thereby furnishing the information to the Commission pursuant to Rule 12g3-2(b)
      under the Securities Exchange Act of 1934.
|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|Yes |_| No |X|
|--------------

| |  | 
| |  | 



---
**Exhibit
      32**




**Certification
      of Periodic Financial Report**


**Pursuant
      to 18 U.S.C. Section 1350**





Pursuant
      to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, each of the undersigned officers of AMCOL
      International Corporation (the “Company”) certifies that the quarterly report on
      Form 10-Q of the Company for the three months ended September 30, 2007 fully
      complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934 and information contained in that Form 10-Q fairly
      presents, in all material respects, the financial condition and results of
      operations of the Company.








Date: 
                November 7, 2007
            /s/
                Lawrence E. WashowLawrence
                E. WashowChief
                Executive OfficerDate: 
                November 7, 2007
            /s/
                Gary L. CastagnaGary
                L. CastagnaChief
                Financial Officer





1
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.4370 Roller-type cardiopulmonary bypass blood pump. ( a ) *Identification.* A roller-type cardiopulmonary bypass blood pump is a device that uses a revolving roller mechanism to pump the blood through the cardiopulmonary bypass circuit during bypass surgery.
( b ) *Classification.* Class II (performance standards).
1

The Honorable Catherine D. Perry, United States District

Judge for the Eastern District of Missouri.

___________

No. 96-2071

___________

Antoine Echols, *

*

Appellant, *

* Appeal from the United States

v. * District Court for the

* Eastern District of Missouri.

United States of America, * [UNPUBLISHED]

*

Appellee. *

___________

 Submitted: December 6, 1996

 Filed: December 12, 1996

___________

Before FAGG, WOLLMAN, and MURPHY, Circuit Judges.

___________

PER CURIAM.

Antoine Echols appeals the district court's1 dismissal of his

legal malpractice claim against his federal public defender

pursuant to the Federal Tort Claims Act (FTCA), 28 U.S.C.

§§ 2671-80. We affirm.

 A party pursuing a tort claim under the FTCA must present the

claim in writing to the appropriate administrative agency within

two years of the claim's accrual. 28 U.S.C. § 2401(b). The

failure to comply with the presentment requirement bars the filing

of the action in district court. Id. § 2675(a). Although Echols,

as a pro se litigant, is entitled to have his complaint construed

liberally, see Selland v. United States, 966 F.2d 346, 347 n.2 (8th
-2-

Cir. 1992) (per curiam), cert. denied, 507 U.S. 923 (1993), we note

that Echols not only concedes that he did not file an

administrative claim, but also argues on appeal that exhaustion is

not necessary. Therefore, the district court lacked jurisdiction

because Echols did not file an administrative claim. See Farmers

State Sav. Bank v. Farmers Home Admin., 866 F.2d 276, 277 (8th Cir.

1989) (exhaustion is jurisdictional prerequisite). As to the sua

sponte nature of the district court's dismissal, the failure to

first provide Echols with formal notice was not reversible error

based on Echols's argument on appeal that he did not file a claim

and that exhaustion of administrative remedies was not necessary.

See Smith v. Boyd, 945 F.2d 1041, 1043 (8th Cir. 1991) (failure to

give prior notice and opportunity to respond not reversible error

when patently obvious plaintiff could not prevail on facts alleged

in complaint). 

 Accordingly, we hold that the district court's dismissal of

the complaint was correct, but that it should have been for lack of

jurisdiction. See, e.g., Melo v. United States, 505 F.2d 1026,

1030 (8th Cir. 1974) (amending dismissal order to clarify dismissal

was for want of jurisdiction); see also United States v. Abadia,

949 F.2d 956, 958 n.12 (8th Cir. 1991) (court may affirm on any

ground supported by the record), cert. denied, 503 U.S. 949 (1992).

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Editorial Note on Part 862
Editorial Note: Nomenclature changes to part 862 appear at 73 FR 35341, June 23, 2008.

§ 862.3120 Arsenic test system. ( a ) *Identification.* An arsenic test system is a device intended to measure arsenic, a poisonous heavy metal, in urine, vomitus, stomach contents, nails, hair, and blood. Measurements obtained by this device are used in the diagnosis and treatment of arsenic poisoning.
( b ) *Classification.* Class I.
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-50378 

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RAFAEL OLIVARES-AGUIRRE,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. EP-00-CR-1342-ALL-H

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

October 29, 2001

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Rafael Olivares-Aguirre appeals the 37-month term of

imprisonment imposed following his guilty plea conviction of

attempting to illegally reenter the United States after removal

in violation of 8 U.S.C. § 1326. Olivares-Aguirre complains that

his sentence was enhanced pursuant to 8 U.S.C. § 1326(b)(2),

which allowed the court to impose up to a twenty-year term of

imprisonment because he was removed after being convicted of an

aggravated felony. Olivares-Aguirre argues that the sentencing

provision violates the Due Process Clause because it permitted
No. 01-50378 

-2-

the sentencing judge to find, under a preponderance of the

evidence standard, a fact which increased the statutory maximum

sentence to which he otherwise would have been exposed. 

Olivares-Aguirre thus contends that his sentence is invalid and

argues that it should not exceed the two-year maximum term of

imprisonment prescribed in 8 U.S.C. § 1326(a). Olivares-Aguirre

acknowledges that his argument is foreclosed by the Supreme

Court’s decision in Almendarez-Torres v. United States, 523 U.S.

224 (1998), but seeks to preserve the issue for Supreme Court

review in light of the decision in Apprendi v. New Jersey, 530

U.S. 466 (2000). 

Apprendi did not overrule Almendarez-Torres. See Apprendi,

530 U.S. at 489-90; United States v. Dabeit, 231 F.3d 979, 984

(5th Cir. 2000), cert. denied, 121 S. Ct. 1214 (2001). OlivaresAguirre’s argument is foreclosed. The judgment of the district

court is AFFIRMED.

The Government has moved for a summary affirmance in lieu of

filing an appellee’s brief. In its motion, the Government asks

that the judgment of the district court be affirmed and that an

appellee’s brief not be required. The motion is GRANTED. 

 AFFIRMED; MOTION GRANTED.
[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10245-10246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4619]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-770-000]


CCES LLC; Supplemental Notice That Initial Market-Based Rate 
Filing Includes Request for Blanket Section 204 Authorization

February 26, 2010.
    This is a supplemental notice in the above-referenced proceeding of 
CCES LLC's application for market-based rate authority, with an 
accompanying rate tariff, noting that such application includes a 
request for blanket authorization, under 18 CFR Part 34, of future 
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC 20426, in accordance with Rules 211 and 214 of the 
Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214). Anyone filing a motion to intervene or protest must serve a 
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR Part 34, of future issuances of securities and assumptions of 
liability, is March 18, 2010.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access

[[Page 10246]]

who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
14 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive e-mail notification 
when a document is added to a subscribed docket(s). For assistance with 
any FERC Online service, please e-mail <a href="/cdn-cgi/l/email-protection#70363522333f1e1c191e15230500001f020430161502135e171f06"><span class="__cf_email__" data-cfemail="11575443525e7f7d787f74426461617e636551777463723f767e67">[email protected]</span></a>. or 
call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-4619 Filed 3-4-10; 8:45 am]
BILLING CODE 6717-01-P


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Interstate Route State Route

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U.S. DEPARTMENT OF THE INTERIOR

U. S. GEOLOGICAL SURVEY

Imagery...............................................NAIP, August 2010

Roads..............................................©2006-2012 TomTom

Names..........................................................GNIS, 2012

Hydrography....................National Hydrography Dataset, 2010

Contours............................National Elevation Dataset, 2005

Boundaries....................Census, IBWC, IBC, USGS, 1972 - 2012

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Produced by the United States Geological Survey

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This map was produced to conform with the

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#### § 822.11 What should I consider when designing my plan to conduct postmarket surveillance?

You must design your surveillance to address the postmarket surveillance question identified in the order you received. You should consider what, if any, patient protection measures should be incorporated into your plan. You should also consider the function, operating characteristics, and intended use of your device when designing a surveillance approach.
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.5640 Infectious mononucleosis immunological test system. ( a ) *Identification.* An infectious mononucleosis immunological test system is a device that consists of the reagents used to measure by immunochemical techniques heterophile antibodies frequently associated with infectious mononucleosis in serum, plasma, and other body fluids. Measurements of these antibodies aid in the diagnosis of infectious mononucleosis.
( b ) *Classification.* Class II (performance standards).
[47 FR 50823, Nov. 9, 1982; 47 FR 56846, Dec. 21, 1982]
#### Thomas Hulbert *v.*Zoning Board of Appeals of the Town of Westport et al.

*Warner Alexander,*in support of the motion.

Submitted November 18

decided November 26, 1968

The motion by the plaintiff for review of the decision of the trial court concerning rectification of the appeal from the Superior Court in Fairfield County is denied.
Editorial Note on Part 862
Editorial Note: Nomenclature changes to part 862 appear at 73 FR 35341, June 23, 2008.

§ 862.3220 Carbon monoxide test system. ( a ) *Identification.* A carbon monoxide test system is a device intended to measure carbon monoxide or carboxyhemoglobin (carbon monoxide bound to the hemoglobin in the blood) in blood. Measurements obtained by this device are used in the diagnosis and treatment of or confirmation of carbon monoxide poisoning.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 862.9.
[52 FR 16122, May 1, 1987, as amended at 84 FR 71797, Dec. 30, 2019]
#### § 822.2 What is the purpose of this part?

The purpose of this part is to implement our postmarket surveillance authority to maximize the likelihood that postmarket surveillance plans will result in the collection of useful data. These data can reveal unforeseen adverse events, the actual rate of anticipated adverse events, or other information necessary to protect the public health.
Editorial Note on Part 862
Editorial Note: Nomenclature changes to part 862 appear at 73 FR 35341, June 23, 2008.

§ 862.3280 Clinical toxicology control material. ( a ) *Identification.* A clinical toxicology control material is a device intended to provide an estimation of the precision of a device test system and to detect and monitor systematic deviations from accuracy resulting from reagent or instrument defects. This generic type of device includes various single, and multi-analyte control materials.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 862.9.
[52 FR 16122, May 1, 1987, as amended at 65 FR 2309, Jan. 14, 2000, 84 FR 71798, Dec. 30, 2019]
#### § 801.122 Medical devices for processing, repacking, or manufacturing.

A device intended for processing, repacking, or use in the manufacture of another drug or device shall be exempt from section 502(f)(1) of the act if its label bears the statement “Caution: For manufacturing, processing, or repacking”.
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.3700 *Staphylococcus aureus* serological reagents. ( a ) *Identification. Staphylococcus aureus* serological reagents are devices that consist of antigens and antisera used in serological tests to identify enterotoxin (toxin affecting the intestine) producing staphylococci from cultured isolates. The identification aids in the diagnosis of disease caused by this bacterium belonging to the genus *Staphylococcus* and provides epidemiological information on these diseases. Certain strains of *Staphylococcus aureus* produce an enterotoxin while growing in meat, dairy, or bakery products. After ingestion, this enterotoxin is absorbed in the gut and causes destruction of the intestinal lining (gastroenteritis).
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 866.9.
[47 FR 50823, Nov. 9, 1982, as amended at 54 FR 25047, June 12, 1989; 66 FR 38792, July 25, 2001]
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.1915 Thermodilution probe. ( a ) *Identification.* A thermodilution probe is a device that monitors cardiac output by use of thermodilution techniques; this device is commonly attached to a catheter that may have one or more probes.
( b ) *Classification.* Class II (performance standards).
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.4830 Rocket immunoelectrophoresis equipment. ( a ) *Identification.* Rocket immunoelectrophoresis equipment for clinical use is a device used to perform a specific test on proteins by using a procedure called rocket immunoelectrophoresis. In this procedure, an electric current causes the protein in solution to migrate through agar gel containing specific antisera. The protein precipitates with the antisera in a rocket-shaped pattern, giving the name to the device. The height of the peak (or the area under the peak) is proportional to the concentration of the protein.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 866.9.
[47 FR 50823, Nov. 9, 1982, as amended at 54 FR 25047, June 12, 1989; 66 FR 38792, July 25, 2001]