alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 892
Editorial Note: Nomenclature changes to part 892 appear at 73 FR 35341, June 23, 2008.

§ 892.5730 Radionuclide brachytherapy source. ( a ) *Identification.* A radionuclide brachytherapy source is a device that consists of a radionuclide which may be enclosed in a sealed container made of gold, titanium, stainless steel, or platinum and intended for medical purposes to be placed onto a body surface or into a body cavity or tissue as a source of nuclear radiation for therapy.
( b ) *Classification.* Class II (special controls). A prostate seeding kit intended for use with a radionuclide brachytherapy source only is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 892.9.
[48 FR 53047, Nov. 23, 1983, as amended at 84 FR 71819, Dec. 30, 2019]
# C_2014071EN.01002801.xml

| 8.3.2014 | EN | Official Journal of the European Union | C 71/28 |
| --- | --- | --- | --- |

8.3.2014

EN

Official Journal of the European Union

C 71/28

---

Action brought on 23 January 2014 — Goldfish and Others v Commission

(Case T-54/14)

(2014/C 71/51)

Language of the case: Dutch

Parties

Applicants: Goldfish BV (Zoutkamp, Netherlands), Heiploeg BV (Zoutkamp), Heiploeg Beheer BV (Zoutkamp), and Heiploeg Holding BV (Zoutkamp) (represented by: P. Glazener and B. Winters, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the General Court should:

| — | annul, fully or in part, the Decision insofar as it is addressed to the applicants; |
| --- | --- |

—

annul, fully or in part, the Decision insofar as it is addressed to the applicants;

| — | annul, or reduce, the fine imposed on the applicants; |
| --- | --- |

—

annul, or reduce, the fine imposed on the applicants;

| — | adopt the measures which the Court considers necessary; |
| --- | --- |

—

adopt the measures which the Court considers necessary;

| — | order the European Commission to pay the costs of the present proceedings. |
| --- | --- |

—

order the European Commission to pay the costs of the present proceedings.

Pleas in law and main arguments

The applicants contest the decision of the Commission of 27 November 2013 in a proceeding under Article 101 TFEU (AT.39633 — Shrimps).

In support of the action, the applicants rely on three pleas in law.

| 1. | First plea in law, alleging breach of Article 101 TFEU and Article 2 of Regulation 1/2003 (1) due to the Commission’s use of secretly-recorded audio recordings as evidence of infringement of Article 101 TFEU. |
| --- | --- |

1.

First plea in law, alleging breach of Article 101 TFEU and Article 2 of Regulation 1/2003 (1) due to the Commission’s use of secretly-recorded audio recordings as evidence of infringement of Article 101 TFEU.

| 2. | Second plea in law, alleging breach of Article 101 TFEU and Article 2 of Regulation 1/2003 due to the Commission’s use of notes from secretly-recorded audio recordings as evidence of infringement of Article 101 TFEU. |
| --- | --- |

2.

Second plea in law, alleging breach of Article 101 TFEU and Article 2 of Regulation 1/2003 due to the Commission’s use of notes from secretly-recorded audio recordings as evidence of infringement of Article 101 TFEU.

| 3. | Third plea in law, alleging an unlawful refusal to apply paragraph 35 of the Fining Guidelines, (2) due to the Commission refusing to take into account the inability of the applicants to pay the fine. |
| --- | --- |

3.

Third plea in law, alleging an unlawful refusal to apply paragraph 35 of the Fining Guidelines, (2) due to the Commission refusing to take into account the inability of the applicants to pay the fine.

---

(1)  Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty (OJ 2003 L 1, p. 1).

(2)  Guidelines on the method of setting fines imposed pursuant to Article 23(2)(a) of Regulation No 1/2003 (OJ 2006 C 210, p. 2).

---
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### Pre-Cambrian rocks of the Lake Superior region, a review of 
newly discovered geologic features, with a revised geologic map

#### Professional Paper 184

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<TABLE> <S> <C>

<ARTICLE> CT
<CIK> 0000815024
<NAME> AMERICAN AFFORDABLE HOUSING II LIMITED PARTNERSHIP
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               SEP-30-1998
<TOTAL-ASSETS>                               2,865,918
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                  2,865918
<TOTAL-REVENUES>                                 7,678
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (412,528)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (404,850)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-82,217-04, WR-82,217-05 & WR-82,217-06

EX PARTE ASHLEY NICOLE RICHARDS, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. 13857652-B, 1385763-B & 1385765-B 

IN THE 176 DISTRICT COURT TH

FROM HARRIS COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex

parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three

cruelty to animals charges and sentenced to ten years’ imprisonment in each case. 

Applicant raises three grounds based on this Court’s recent decision determining that deadly

weapon findings do not apply to non-human victims. Prichard v. State, 533 S.W.3d 315 (Tex. Crim.

App. 2017). The habeas court has recommended granting relief. However, Applicant has challenged

these convictions before and does not demonstrate that Prichard is retroactive, making it applicable
2

to these cases. Ex parte Oranday-Garcia, 410 S.W.3d 865, 867 (Tex. Crim. App. 2013). Therefore,

consideration of these writ applications is barred by Section 4 of Article 11.07 of the Code of

Criminal Procedure. The writ applications are dismissed as subsequent. 

Copies of this order shall be sent to the Texas Department of Criminal Justice-Correctional

Institutions Division and Pardons and Paroles Division.

Filed: November 7, 2018

Do not publish
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

MARIO MORENO-TOSCANO,

 Petitioner,

 v.

LORETTA E. LYNCH, Attorney General,

 Respondent.

No. 13-72134

Agency No. A075-570-882

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted September 21, 2015** 

Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.

Mario Moreno-Toscano, a native and citizen of Mexico, petitions for review

of the Department of Homeland Security’s (“DHS”) June 14, 2013, order

reinstating his 1997 order of removal. We have jurisdiction under 8 U.S.C. § 1252. 

Our review is “limited to confirming the agency’s compliance with the

FILED

SEP 28 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
reinstatement regulations.” Garcia de Rincon v. DHS, 539 F.3d 1133, 1137 (9th

Cir. 2008). We deny the petition for review.

The DHS did not err in issuing Moreno-Toscano’s reinstatement order,

where the record shows, and Moreno-Toscano admitted in a sworn statement to a

DHS officer, that he was an alien, he was subject to a prior order of removal in

1997, and he illegally reentered subsequent to that order. See Garcia de Rincon,

539 F.3d at 1137 (our jurisdiction is limited to reviewing “three discrete inquiries

an immigration officer must make in order to reinstate a removal order: (1)

whether the petitioner is an alien; (2) whether the petitioner was subject to a prior

removal order, and (3) whether the petitioner re-entered illegally”); 8 U.S.C. 

§ 1231(a)(5) (if the DHS “finds that an alien has reentered the United States

illegally after having been removed or having departed voluntarily, under an order

of removal, the prior order of removal is reinstated from its original date”). 

Furthermore, Moreno-Toscano does not contend that any miscarriage of

justice occurred in connection with his underlying 1997 removal order. See Garcia

de Rincon, 539 F.3d at 1138 (while a petitioner is generally prevented from

collaterally attacking an underlying deportation order on constitutional or legal

grounds, 8 U.S.C. § 1252(a)(2)(D) permits some measure of review if he can

demonstrate a “gross miscarriage of justice” in the underlying proceedings).

2 13-72134
In light of this disposition, we do not reach Moreno-Toscano’s remaining

contentions.

PETITION FOR REVIEW DENIED.

3 13-72134
# C_2015198EN.01005002.xml

| 15.6.2015 | EN | Official Journal of the European Union | C 198/50 |
| --- | --- | --- | --- |

15.6.2015

EN

Official Journal of the European Union

C 198/50

---

Order of the Civil Service Tribunal (Third Chamber) of 27 April 2015 — Meyer v Commission

(Case F-90/14) (1)

1

((Civil Service - Temporary staff - Remuneration - Family allowances - Refusal to grant the dependent child allowance - Article 2(3)(b) of Annex VII to the Staff Regulations - Child aged between 18 and 26 years receiving educational or vocational training - Education allowance - Article 3(1) of Annex VII to the Staff Regulations - Child attending regularly and full-time an educational establishment - Break in the studies - Action manifestly unfounded))

(2015/C 198/69)

Language of the case: German

Parties

Parties

Applicant: Ronald Meyer (Tallinn, Estonia) (represented by: H.-R. Ilting, lawyer)

Applicant:

Defendant: European Commission (represented by: J. Currall and T.S. Bohr, acting as Agents)

Defendant:

Re:

Re:

Application, firstly, to annul the decision not to grant the applicant the dependent child allowance from 1 September 2013 because his child no longer receives ‘educational or vocational training’ within the meaning of Article 2 of Annex VII of the Staff Regulations of Officials and, secondly, to order his employer to continue to grant him that allowance and to reimburse him for all medical expenses for his child retroactively from 1 September 2013.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed. |
| --- | --- |

1.

The action is dismissed.

| 2. | Mr Meyer shall bear his own costs and pay the costs incurred by the European Commission. |
| --- | --- |

2.

Mr Meyer shall bear his own costs and pay the costs incurred by the European Commission.

---

(1)  OJ C 448, 15.12.2014, p. 39.

1

---
#### § 1.113-1 Mustering-out payments for members of the Armed Forces.

For the purposes of the exclusion from gross income under section 113 of mustering-out payments with respect to service in the Armed Forces, mustering-out payments are payments made to any recipients pursuant to the provisions of 38 U.S.C. 2105 (formerly section 5 of the Mustering-out Payment Act of 1944 and section 505 of the Veterans' Readjustment Assistance Act of 1952).
1 

### Troutman, Jake (FAA)

From: Troutman, Jake (FAA)

Sent: Monday, August 03, 2015 1:37 PM

To: 'TDeering@semprautilities.com'

Cc: Pappas, Rob (FAA)

Subject: Request for Additional Information - San Diego Gas and Electric Company

Ms. Deering,

This letter is to inform you that the following information is missing from your petition (Docket No. FAA

‐ 2014

‐ 0719

‐ 0013). This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

* Describe the aircraft make(s), model(s), and type(s)(i.e.

‐ fixed

‐ wing,rotorcraft, lighter

‐ than

‐ air) for the proposed UAS

operation. The description(s) should include the maximum weight (including payload). This information can be located

in the aircraft manual(s).

Please submit the additional information (non

‐ proprietary) to your docket at www.regulations.gov and submit any

proprietary information to the FAA Headquarters or electronically via e

‐ mail to 333exemptions@faa.gov

. If you want us

to process your request any further, we must receive the information described above by 8/18/15. If we do not receive

the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267

‐ 9521.

Sincerely,

Jake J Troutman

Program Analyst | Rulemaking

FAA Office of Aviation Safety

Airmen and Airspace Rules Division

202

‐ 267

‐ 9521
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration # 12064 and # 12065]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for public assistance only for the state of West Virginia (FEMA-1881-DR), dated 03/02/2010. *Incident:*
                         Severe winter storm and snowstorm. *Incident Period:*
                         12/18/2009 through 12/20/2009. *Effective Date:*
                         03/02/2010. *Physical Loan Application Deadline Date:*
                         05/03/2010. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         12/02/2010.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 03/02/2010, Private Non-Profit organizations that provide essential services of governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Boone, Calhoun, Clay, Fayette, Greenbrier, Kanawha, Mcdowell, Mingo, Nicholas, Pendleton, Pocahontas, Raleigh, Ritchie, Roane, Wyoming. The Interest Rates are: Percent*For Physical Damage:*Non-Profit Organizations with Credit Available Elsewhere
3.625Non-Profit Organizations without Credit Available Elsewhere
3.000*For Economic Injury:*Non-Profit Organizations without Credit Available Elsewhere
3.000
 The number assigned to this disaster for physical damage is 12064B and for economic injury is 12065B. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) James E. Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2010-5250 Filed 3-10-10; 8:45 am] BILLING CODE 8025-01-P
#### § 1.280H-0T Table of contents (temporary).

This section lists the captions that appear in the temporary regulations under section 280H.

## § 1.280H-1T Limitation on certain amounts paid to employee-owners by personal service corporations electing alternative taxable years (temporary).

(a) Introduction.

(b) Limitations on certain deductions of a personal service corporation.

(1) In general.

(2) Carryover of nondeductible amounts.

(3) Disallowance inapplicable for certain purposes.

(4) Definition of applicable amount.

(i) In general.

(ii) Special rule for certain indirect payments.

(iii) Examples.

(c) Minimum distribution requirement.

(1) Determination of whether requirement satisfied.

(i) In general.

(ii) Employee-owner defined.

(2) Preceding year test.

(i) In general.

(ii) Example.

(3) 3-year average test.

(i) In general.

(ii) Applicable percentage.

(iii) Adjusted taxable income.

(A) In general.

(B) Determination of adjusted taxable income for the deferral period of the applicable election year.

(C) NOL carryovers.

(D) Examples.

(d) Maximum deductible amount.

(1) In general.

(2) Example.

(e) Special rules and definition.

(1) Newly organized personal service corporations.

(2) Existing corporations that become personal service corporations.

(3) Disallowance of NOL carryback.

(4) Deferral period.

(5) Examples.

(f) Effective date.

[T.D. 8205, 53 FR 19711, May 27, 1988]
Editorial Note on Part 874
Editorial Note: Nomenclature changes to part 874 appear at 73 FR 35341, June 23, 2008.

§ 874.4710 Esophagoscope (flexible or rigid) and accessories. ( a ) *Identification.* An esophagoscope (flexible or rigid) and accessories is a tubular endoscopic device with any of a group of accessory devices which attach to the esophagoscope and is intended to examine or treat esophageal malfunction symptoms, esophageal or mediastinal disease, or to remove foreign bodies from the esophagus. When inserted, the device extends from the area of the hypopharynx to the stomach. It is typically used with a fiberoptic light source and carrier to provide illumination. The device is made of materials such as stainless steel or flexible plastic. This generic type of device includes the flexible foreign body claw, flexible biopsy forceps, rigid biopsy curette, flexible biopsy brush, rigid biopsy forceps and flexible biopsy curette, but excludes the fiberoptic light source and carrier.
( b ) *Classification.* Class II.
**AD Economic Evaluation**

Docket No. FAA
- 2011
- 1035 Directorate ID: 2011
- SW
- 038
- AD Helicopter Model: Bell Helicopter Textron Canada (Bell) Model 407 and 427 Helicopters Number of Helicopters (U.S. Operators): 582 Helico pters in the US Registry. Reason : This AD is prompted by a report that a quality escape by a supplier has occurred and certain servos may have a loose nut, shaft, and clevis assembly. This AD requires inspecting certain hydraulic servo actuators and under certain conditions, inspecting the condition of the lock washers
. Based on the condition of the lock washers, the AD requires either replacement or repair. Costs : Parts per Helicopter $ 

### 33,000 Labor per Helicopter ( $ 8 5 /work
- hour) $ 170 (inspection) $ 170 (replacement) Other (Explain) Total Cost per Helicopter $ 170 (inspection); $33,340 (inspection and one replacement) Total US Fleet Cost $ 

### 164,940 Executive Order 12866 : Could the AD be considered a “significant regulatory action?” Yes ( ) No (  ) DOT Regulatory Policies and Procedures : Is the AD significant? Yes ( ) Explain Below No (  ) Regulatory Flexibility Act : Will the AD have a significant economic impact on a substantial number of small entities? Yes ( ) No (  ) Project Eng ineer: Matt Wilbanks
| (logo) WELLS FARGO | **CMBS Department**

 

MAC N9401-011

1055 10th Avenue SE

Minneapolis, MN 55414 |
|--------------------|----------------------------------------------------------------------------------------|

 

 

Morgan Stanley Capital I Inc. 

1585 BROADWAY

NEW YORK, New York 10036-8200

 

RE: Annual Statement ofCompliance for Morgan Stanley Bank of America Merrill Lynch Trust 2015-C23,Commercial Mortgage Pass-Through Certificates, Series 2015-C23

 

Per the Pooling and ServicingAgreement dated as of June 1, 2015 (the "Agreement"), theundersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Custodian("Wells Fargo"), hereby certifies as follows as of and for the yearending December 31, 2016 (the "Reporting Period"):

 

(a) A review of Wells Fargo'sactivities during the Reporting Period and of its performance under theAgreement has been made under such officer's supervision; and

 

(b) To the best of suchofficer's knowledge, based on such review, Wells Fargo has fulfilled all of itsobligations under the Agreement in all material respects throughout the ReportingPeriod.

 

 

February 27, 2017

 

/s/ Gail Vannest

GAIL VANNEST

Vice President

 

 

Wells Fargo Bank, N.A.
Editorial Note on Part 868
Editorial Note: Nomenclature changes to part 868 appear at 73 FR 35341, June 23, 2008.

§ 868.5160 Gas machine for anesthesia or analgesia. ( a ) *Gas machine for anesthesia* — ( 1 ) *Identification.* A gas machine for anesthesia is a device used to administer to a patient, continuously or intermittently, a general inhalation anesthetic and to maintain a patient's ventilation. The device may include a gas flowmeter, vaporizer, ventilator, breathing circuit with bag, and emergency air supply.
( 2 ) *Classification.* Class II (performance standards).
( b ) *Gas machine for analgesia* — ( 1 ) *Identification.* A gas machine for analgesia is a device used to administer to a patient an analgesic agent, such as a nitrous oxide-oxygen mixture (maximum concentration of 70 percent nitrous oxide).
( 2 ) *Classification.* Class II (performance standards).