alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 158 (Tuesday, August 18, 2009)]
[Notices]
[Page 41710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19788]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2008-N-0637]


Agency Information Collection Activities; Announcement of Office 
of Management and Budget Approval; Financial Disclosure by Clinical 
Investigators

AGENCY:  Food and Drug Administration, HHS.

ACTION:  Notice.

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SUMMARY:  The Food and Drug Administration (FDA) is announcing that a 
collection of information entitled ``Financial Disclosure by Clinical 
Investigators'' has been approved by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Elizabeth Berbakos, Office of 
Information Management (HFA-710), Food and Drug Administration, 5600 
Fishers Lane, Rockville, MD 20857, <a href="/cdn-cgi/l/email-protection#692c050013080b0c1d01472b0c1b0b0802061a290f0d084701011a470e061f"><span class="__cf_email__" data-cfemail="3d785154475c5f584955137f584f5f5c56524e7d5b595c1355554e135a524b">[email protected]</span></a>, 301-
796-3792.

SUPPLEMENTARY INFORMATION: In the Federal Register of April 22, 2009 
(74 FR 18385), the agency announced that the proposed information 
collection had been submitted to OMB for review and clearance under 44 
U.S.C. 3507. An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has now approved the 
information collection and has assigned OMB control number 0910-0396. 
The approval expires on August 31, 2012. A copy of the supporting 
statement for this information collection is available on the Internet 
at http://www.reginfo.gov/public/do/PRAMain.

    Dated: August 11, 2009.
Jeffrey Shuren,
Associate Commissioner for Policy and Planning.
[FR Doc. E9-19788 Filed 8-17-09; 8:45 am]
BILLING CODE 4160-01-S


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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-7166

GARY LEWIS MILLER, Plaintiff - Appellant, versus C. E. CREECY; B. R. HEDSPETH; CORRECTIONAL OFFICER WOODS; NORTH CAROLINA PRISONER LEGAL SERVICES, INCORPORATED; L. TYNCH, Defendants - Appellees.Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, District Judge. (CA-99-313-5-F) Submitted: December 16, 1999 Decided: December 21, 1999Before MURNAGHAN and MOTZ, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Gary Lewis Miller, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Gary Lewis Miller appeals the district court’s order dismissing his 42 U.S.C.A. § 1983 (West Supp. 1999) complaint. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Miller v. Creecy , No. CA-99-313-5-F (E.D.N.C. Aug. 17, 1999). 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
#### In the Matter of the Assignment of Cornelius Van Horn to Frederick W. Rebhan for the Benefit of Creditors.

[Special Term.]

(Decided May 17th, 1883.)

An assignee for the benefit of creditors will not be allowed fees of counsel upon a general retainer for advising the assignee in the management of his trust; nor for litigations in which he involved himself by continuing the business of the assignor; nor for resisting applications by preferred creditors for payment before his accounting.

Application to confirm a report of a referee upon an accounting by an assignee under a general assignment for the benefit of creditors.

The facts are stated in the opinion.

J. F. Daly, J.

The greater part of the services rendered by the assignee’s counsel, for which his charges have been allowed to the amount of $1,500, are not properly chargeable against the fund. He is to be allowed for drawing the assign *132ment a reasonable fee, but none for preparing schedules ; he is not to be allowed, upon a general retainer for advising the assignee in the management of his.trust *(Levy's Accounting,*1 Abb. N. C. 177). Most of the legal expenses incurred by the assignee were rendered necessary by difficulties arising out of his permitting the assignor virtually to continue business with the assigned stock. He cannot pay his counsel out of the fund for assisting him to watch the assignor, or to manage the business. Mor can expenses of counsel be allowed to the assignee for defending the action brought against him by the landlord of the premises occupied for such business by the assignee. lie involved himself in that litigation by his own acts. As the assignee is a lawyer, he might have, with propriety, defended himself in that litigation. Employment of counsel was not necessary in respect to the applications by preferred creditors for payment.

The report will be referred back to ascertain what is a reasonable charge for preparing the assignment. The other exceptions to the report are disallowed.

Report referred back.
Document Headings

                    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.                  

###### Department of Health and Human Services

###### National Institutes of Health 

                    Notice is hereby given of a change in the meeting of the National Advisory Council on Drug Abuse, February 3, 2009, 2 p.m. to February 4, 2009, 1 p.m., National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 which was published in the                     **Federal Register**                     on January 21, 2009, 74; 12 FR E9-985.                 

The meeting scheduled for February 3, 2009 from 2 p.m. to 5 p.m. was changed from open to closed to the public. 

The meeting is partially closed to the public. 

Dated: January 23, 2009. 

Jennifer Spaeth, 

Director, Office of Federal Advisory Committee Policy. 

 [FR Doc. E9-1968 Filed 1-29-09; 8:45 am] 

BILLING CODE 4140-01-M
#### § 11.1 Purpose.

This part contains policy and procedures to ensure the priority of blind vendors in operating vending facilities on property controlled by the Department of the Treasury. The provisions of this part apply to all bureaus, the Departmental Offices and the Office of Inspector General.
Dolan Chemical Laboratory 4001 Bixby Road Groveport, OH 43125 T: 614-836-4221, Audinet 210-4221 F: 614-836-4168, Audinet 210-4168 http://aepenv/labs 

## Water Analysis
Location: Mountaineer Plant Report Date: 2/17/2012 Sample Number: 120686-001 Date Collected:02/11/2012 08:40 Date Received:2/13/2012 

### 1st Stage Feed Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 355 0.5 DPC EPA 200.8 0.1 02/16/2012 12:42 

### Sample Number: 120686-002 Date Collected:02/11/2012 08:40 Date Received:2/13/2012 

## 2nd Stage Feed Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 9.20 0.5 DPC EPA 200.8 0.1 02/16/2012 12:46 

### Sample Number: 120686-003 Date Collected:02/11/2012 08:40 Date Received:2/13/2012 

## Bioreactor Effluent Units Parameter Result RL Analysis By Analysis Date/Time Method MDL ug/L Selenium, Se 1.94 0.5 DPC EPA 200.8 0.1 02/16/2012 12:51

THIS TEST REPORT RELATES ONLY TO THE ITEMS TESTED AND SHALL NOT BE REPRODUCED EXCEPT IN FULL WITHOUT WRITTEN APPROVAL OF THE LABORATORY. ALL TEST RESULTS MEET ALL OF THE REQUIREMENTS OF THE ACCREDITING AUTHORITY, UNLESS OTHERWISE NOTED.

Brian Snyder, Chemist II Email bssnyder@aep.com Tel. 614-836-4224 Fax 614-836-4168 Audinet 210-4224

Mountaineer Plant, 120686 Page 1 of 1
§ 1.2 Requirements for making requests. ( a ) *General information.* ( 1 ) Requests should be addressed to the FOIA office of the component that maintains the requested records. The appendices to this subpart list the addresses of each FOIA office and the methods for submitting requests to each component. Requesters are encouraged to submit requests online (through *FOIA.gov*, component web pages or by completing the “Submit an Online Request” form located at *https://home.treasury.gov/footer/freedom-of-information-act .*
( 2 ) When a requester is unable to determine the appropriate Departmental component to which to direct a request, the requester may send the request to Freedom of Information Act Request, Department of the Treasury, Departmental Offices (DO), Director, FOIA and Transparency, 1500 Pennsylvania Avenue NW, Washington, DC 20220. The FOIA and Transparency team will forward the request to the component(s) that it determines to be most likely to maintain the records that are sought.
( 3 ) A requester who is making a request for records about himself or herself must comply with the verification of identity provision set forth in section 1.26 of subpart C of this part.
( 4 ) Where a request for records pertains to a third party, a requester may receive greater access by submitting either a notarized authorization signed by that individual or a declaration by that individual made in compliance with the requirements set forth in 28 U.S.C. 1746, authorizing disclosure of the records to the requester, or submitting proof that the individual is deceased (*e.g.,* a copy of a death certificate). As an exercise of its administrative discretion, each component can require a requester to supply additional information, if necessary, in order to verify that a particular individual has consented to disclosure.
( b ) *Description of records sought.* Requesters must describe the records sought in sufficient detail to enable Department personnel to locate them with a reasonable amount of effort. To the extent possible, requesters should include specific information that may assist a component in identifying the requested records, such as the date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number. Requesters should refer to the Appendices of this subpart for additional component-specific requirements. In general, requesters should include as much detail as possible about the specific records or the types of records that they are seeking. If the requester fails to reasonably describe the records sought, the component shall inform the requester what additional information is needed or why the request is deficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with the component's designated FOIA contact or the FOIA Public Liaison. When a requester fails to provide sufficient detail after having been asked to clarify a request, the component shall notify the requester that the request has not been properly made and that the request will be administratively closed.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1998
<CASH>                                         723,318
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 963,452
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     963,452
<TOTAL-LIABILITY-AND-EQUITY>                   963,452
<SALES>                                        385,000
<TOTAL-REVENUES>                               289,120
<CGS>                                          400,000
<TOTAL-COSTS>                                  437,085
<OTHER-EXPENSES>                                62,428
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                226,692
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            226,692
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   226,692
<EPS-PRIMARY>                                    35.71
<EPS-DILUTED>                                    35.71
        

</TABLE>
#### In re: DISCOUNT CIGARETTE OUTLETS, INC., Debtor. Gjergj Mihilli, Appellant, v. Maureen Gaughan, Trustee, Appellee.

No. 01-15783.

BAP No. AZ-99-01712-RKMo.

United States Court of Appeals, Ninth Circuit.

Submitted June 10, 2002.*

Decided June 17, 2002.

Before O’SCANNLAIN, BERZON, and RAWLINSON, Circuit Judges.

*

 We unanimously find this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2). Accordingly, appellant’s request for oral argument is denied.

MEMORANDUM**

Gjergj Mihilli appeals the Bankruptcy Appellate Panel’s orders denying his motion to reopen the time to file a notice of appeal and motion for reconsideration. We have jurisdiction pursuant to 28 U.S.C. § 158(d). We review for abuse of discretion the denial of the motion to reopen and the motion for reconsideration, *Weiner v. Perry, Settles & Lawson, Inc. (In re Weiner),*161 F.3d 1216, 1217 (9th Cir.1998), and we affirm.

Mihilli contends he timely filed the motion to reopen within seven days of receiving actual notice of the entry of judgment. We disagree.

Mihilli was required to file his motion to reopen within seven days of his receipt of notice of the entry of judgment. *See*Fed. R.App. P. 4(a)(6); *Nguyen v. Southwest Leasing and Rental, Inc.,*282 F.3d 1061, 1064 (9th Cir.2002). The receipt of notice of the entry of judgment by Mihilli’s counsel, even if not by his lead counsel, sufficiently informed Mihilli of the entry of judgment. *See Alaska Limestone Corp. v. Hodel,*799 F.2d 1409, 1412 (9th Cir.1986). Accordingly, the BAP did not abuse its discretion by denying the motion to reopen as untimely or by denying the motion for reconsideration. *See Vahan v. Shalala,*30 F.3d 102, 103 (9th Cir.1994) (per curiam).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
PCX_EX10.3_2012.6.30


Exhibit 10.3
SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
This Amendment (the “Amendment”) to the Employment Agreement dated September 19, 2011, as amended as of February 22, 2012 (the “Agreement”), by and between Patriot Coal Corporation, a Delaware corporation (the “Company”), and the undersigned executive (“Executive”), is entered into as of the date set forth on the signature page hereof (the “Amendment Date”). Terms not otherwise defined herein shall have the meaning ascribed to them in the Agreement.
RECITALS
WHEREAS, the parties hereto desire to amend the Agreement as hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants and agreements contained in the Agreement, as amended, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
1.On the Amendment Date, Executive shall a receive a special one-time grant of an award of restricted stock units (the “RSU Award”) with respect to such number of shares of the Company’s Common Stock as have an aggregate grant date value of $731,250, which award shall vest in three equal installments on the first, second and third anniversaries of the grant date, and will also be subject to immediate vesting if a change in control occurs. The terms and conditions of the RSU Award shall be set forth and governed by a separate grant agreement, as described in Section 4.1(d) of the Agreement, and the definition of change in control shall be as set forth in the applicable equity-based plan or award.
2.    The phrase “Executive Vice President” opposite the phrase “Executive Team Position” on the schedule on the signature page of the Agreement is hereby deleted in its entirety and replaced with the phrase “President”.
3.    The phrase “$600,000 per annum” opposite the phrase “Base Salary” on the schedule on the signature page of the Agreement is hereby deleted in its entirety and replaced with the phrase “$675,000 per annum”.
4.    Effective as of January 1, 2013, the phrase “200% of Base Salary” opposite the phrase “Annual Long-Term Incentive Award” on the schedule on the signature page of the Agreement is hereby deleted in its entirety and replaced with the phrase “300% of Base Salary”.
5.    This Amendment, the Agreement and the Ancillary Documents contain the entire understanding between the parties hereto. Except as provided in an Ancillary Document, this Amendment and the Agreement supersede in all respects any prior or other agreement or understanding, both written and oral, between (i) the Executive, and (ii) the Company, any affiliate of the Company, or any predecessor of the Company.

#PageNum#





6.    This Amendment may be executed in two or more counterparts, each of which will be deemed an original.


	
		
	PATRIOT COAL CORPORATION

	By:
	/s/ Joseph W. Bean

	Name:   Joseph W. Bean

	Title:   Senior Vice President- Law & Administration






	
		
	EXECUTIVE

	By:
	/s/ Bennett K. Hatfield

	Name:   Bennett K. Hatfield

	Date:   May 28, 2012







#PageNum#
www.gpo.gov

### §955. Tax exemption

(a) The right to an equalization allotment or to a cash payment in lieu thereof pursuant to section 953(d) of this title, shall be transferable by will or descent in the same manner as are trust payments under existing law and shall not be subject to State or Federal inheritance, estate, legacy, or succession taxes.

(b) A cash payment made in lieu of an equalization allotment pursuant to section 953(d) of this title shall not be regarded as income or capital gain for purposes of Federal or State income taxation and shall not, as long as it remains in the form of cash or a bank deposit in the ownership of the allottee, be subject to taxation as personal property. A payment and the income derived therefrom heretofore or hereafter made to an allottee as compensation for the acquisition of part or all of the allottee's allotment for a public purpose is—

(1) deemed a cash payment in lieu of an allotment for purposes of this subsection;

(2) deemed a right under subsection (a) of this section; and

(3) subject to sections 409a and 410 of this title.

(Pub. L. 86–339, §5, Sept. 21, 1959, 73 Stat. 604; Pub. L. 100–581, title II, §216, Nov. 1, 1988, 102 Stat. 2941.)

#### Amendments

1988—Subsec. (b). Pub. L. 100–581 inserted sentence at end relating to payment and income derived therefrom made as compensation for acquisition of part of all of allottee's allotment for public purpose.

#### Section Referred to in Other Sections

This section is referred to in section 162a of this title.
#### § 1.652(b)-1 Character of amounts.

In determining the gross income of a beneficiary, the amounts includible under § 1.652(a)-1 have the same character in the hands of the beneficiary as in the hands of the trust. For example, to the extent that the amounts specified in § 1.652(a)-1 consist of income exempt from tax under section 103, such amounts are not included in the beneficiary's gross income. Similarly, dividends distributed to a beneficiary retain their original character in the beneficiary's hands for purposes of determining the availability to the beneficiary of the dividends received credit under section 34 (for dividends received on or before December 31, 1964) and the dividend exclusion under section 116. Also, to the extent that the amounts specified in § 1.652(a)-1 consist of “earned income” in the hands of the trust under the provisions of section 1348 such amount shall be treated under section 1348 as “earned income” in the hands of the beneficiary. Similarly, to the extent such amounts consist of an amount received as a part of a lump sum distribution from a qualified plan and to which the provisions of section 72(n) would apply in the hands of the trust, such amount shall be treated as subject to such section in the hands of the beneficiary except where such amount is deemed under section 666(a) to have been distributed in a preceding taxable year of the trust and the partial tax described in section 668(a)(2) is determined under section 668(b)(1)(B). The tax treatment of amounts determined under § 1.652(a)-1 depends upon the beneficiary's status with respect to them not upon the status of the trust. Thus, if a beneficiary is deemed to have received foreign income of a foreign trust, the includibility of such income in his gross income depends upon his taxable status with respect to that income.

[T.D. 7204, 37 FR 17134, Aug. 25, 1972]