alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Page 41414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19607]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13408-000]


Clean River Power MR-7, LLC; Notice of Preliminary Permit 
Application Accepted for Filing and Soliciting Comments, Motions To 
Intervene, and Competing Applications

August 6, 2009.
    On March 25, 2009, Clean River Power MR-7, LLC filed an 
application, pursuant to section 4(f) of the Federal Power Act, 
proposing to study the feasibility of the Philo Lock and Dam Water 
Power Project, to be located at the State of Ohio's Philo lock and dam 
on the Muskingum River in Muskingum County, Ohio.
    The proposed Philo Lock and Dam Project would consist of: (1) The 
existing 18.1-foot-high, 730-foot-long concrete dam; (2) the existing 
533-acre reservoir with a 3,120 acre-foot storage capacity; (3) a new 
150-foot-long, 125-foot-wide intake structure; (4) a 125-foot-long, 
125-foot-wide power canal; (5) a new powerhouse containing five 
proposed generating units with a total installed capacity of 2.8 
megawatts; (6) a new 175-foot-long tailrace; (7) a new switchyard 
containing a single three-phase step-up transformer; and (8) a new 200-
foot-long, 34.5-kilovolt overhead transmission line. The project would 
have an estimated average annual generation of 11,100 megawatt-hours.
    Applicant Contact: Mr. Alan Skelly, 8425 Beechmont Avenue, 
Cincinnati, OH 45255, phone (513) 375-9242.
    FERC Contact: Michael Spencer, (202) 502-6093.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or 
printed on the ``eLibrary'' link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-
13408) in the docket number field to access the document. For 
assistance, call toll-free 1-866-208-3372.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-19607 Filed 8-14-09; 8:45 am]
BILLING CODE P
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 08-6363

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SONJI PRINCE PABELLON,

Defendant - Appellant.

Appeal from the United States District Court for the District of

South Carolina, at Spartanburg. Henry M. Herlong, Jr., District

Judge. (7:98-cr-01169-HMH-2)

Submitted: May 22, 2008 Decided: May 30, 2008

Before MOTZ and DUNCAN, Circuit Judges, and HAMILTON, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Sonji Prince Pabellon, Appellant Pro Se. Harold Watson Gowdy, III,

Elizabeth Jean Howard, OFFICE OF THE UNITED STATES ATTORNEY,

Greenville, South Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

Sonji Prince Pabellon appeals the district court’s order

granting in part her motion for reduction of sentence and reducing

her sentence from 121 months to 120 months. Pursuant to Amendment

706 to the Guidelines, which decreases by two levels the base

offense levels for crack cocaine offenses, the district court

reduced Pabellon’s previous offense level from 32 to 30. See U.S.

Sentencing Guidelines Manual (“USSG”) § 2D1.1 (2007) (Amendment

706); USSG § 1B1.10(c) (Mar. 3, 2008); United States v. Brewer, 520

F.3d 367, 373 (4th Cir. 2008). In light of her criminal history

category of I, Pabellon claims that she faced a potential

sentencing range of 97 to 121 months under the Guidelines. 

Pabellon notes that her previously imposed sentence of

121 months was at the bottom of the guideline range and therefore

contends that the district court should have reduced her sentence

to the bottom of the revised range, or to 97 months. We find this

argument to be without merit. As set forth in the district court’s

order, Pabellon’s amended guideline range was actually 120 to 121

months in light of the ten-year mandatory minimum sentence

applicable to her offense. See 21 U.S.C.A. § 841(b)(1)(A) (West

1999 & Supp. 2007). Despite Pabellon’s arguments to the contrary,

the district court lacked authority to sentence her below the

statutory mandatory minimum sentence as she requested. See United

States v. Allen, 450 F.3d 565, 568-69 (4th Cir. 2006).
- 3 -

Accordingly, we affirm the district court’s order and the

resulting 120-month sentence. 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
Second Amendment Agreement to the Administrative Agency Agreement



 Exhibit 10.1 
 AMENDMENT NO. 2 TO ADMINISTRATIVE AGENCY AGREEMENT 
 This Amendment
No. 2 to the Administrative Agency Agreement dated as of July 30, 2012, is entered into among UNITED STATES NATURAL GAS FUND, LP, a limited partnership organized under the laws of the State of Delaware (the “Fund”),
UNITED STATES COMMODITY FUNDS LLC, formerly Victoria Bay Asset Management, LLC, a Delaware limited liability company and General Partner of the Fund (the “General Partner”), and BROWN BROTHERS HARRIMAN & CO.,
a limited partnership formed under the laws of the State of New York (“BBH & Co.” or the “Administrator”), 
 WITNESSETH: 
 WHEREAS, the Fund, General Partner and
BBH & Co. entered into an Administrative Agency Agreement dated as of March 5, 2007 (the “Agreement”); 

WHEREAS, the Agreement was amended by the Fund, General Partner and BBH & Co. as of October 27, 2008; and 

WHEREAS, the Fund, General Partner and BBH & Co. wish to amend the Custodian Agreement; 

NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Fund, General Partner and
BBH & Co. hereby agree as follows: 
  

	 	1.	 Expenses and Compensation. Item 6 of the Agreement “Expenses and Compensation” is deleted in its entirety and replaced
with the following: 


 Expenses and Compensation. For the services to be rendered
and the facilities to be furnished by the Administrator as provided for in this Agreement, the General Partner shall pay the Administrator, a fee based on such fee schedule as may from time to time be agreed upon in writing among the General
Partner, the Fund and the Administrator. Additional services performed by the Administrator as requested by the General Partner on behalf of the Fund shall be subject to additional fees as mutually agreed from time to time. In addition to any such
fees, the Administrator shall bill the General Partner separately for any out-of-pocket disbursements of the Administrator based on an out-of-pocket disbursement schedule as may from time to time be agreed upon in writing among the General Partner,
the Fund and the Administrator. The foregoing fees and disbursements shall be billed to the General Partner for the Fund by the Administrator and shall be paid promptly by wire transfer or other appropriate means to the Administrator. 







 IN WITNESS WHEREOF, each of the parties hereto has caused this Amendment No. 2 to be
duly executed as of the date first above written. 
 UNITED STATES NATURAL GAS FUND, LP 

By: United States Commodity Funds LLC, as General Partner 

 

	
	/s/ Howard Mah
	Name: Howard Mah
	Title: Management Director

 UNITED STATES COMMODITY FUNDS LLC 

 

	
	/s/ Howard Mah
	Name: Howard Mah
	Title: Management Director

 BROWN BROTHERS HARRIMAN & CO. 

 

	
	/s/ James R. Kent
	Name: James R. Kent
	Title: Managing Director
#### Stacey v. Grosso

*B. L. Lemisch,*for plaintiff.

*J. B. Martin,*for defendant.

October 30, 1953.

Box, P. J.,

Defendant seeks discovery in a negligence case. What he wants of plaintiff is: “What observations she made, what estimates of speed, what distances she made and what action she took in response thereto just prior to, during and fol*541lowing the accident.” The object is to establish a prima facie case of contributory negligence.

We have no right to delimit the Rules of Civil Procedure, whose imprimatur by the Supreme Court not only sets their boundaries but presumably adopts the philosophy of the Procedural Rules Committee. We may not, therefore, extend them to where they are coextensive with the Federal rules. The petition before me is so bare that to grant it would lead me by the nose in that direction.

It is one thing to have a fact that the other party alone is known to have: a fairer fight can be had if all pertinent facts are on top of the table. It is another thing to have the adversary’s version of a fact or an expression of his state of mind about it. It carries us a distance to admit that the state of a man’s mind is as much a fact as the state of his stomach, but this only puts the case in the twilight zone where it should be watched the more carefully.

If a party has no witness to help him; if he were rendered instantly unconscious by the impact; if he were at a factual disadvantage in a number of ways that ingenuity could suggest, it would be fair to let him know the field he has to fight on. But it is not within the wisdom of the rules to give him an advantage in the choice of weapons. There is no allegation in the petition to indicate that defendant is at an actual disadvantage or that his desire to search plaintiff’s mind is more than an effort to outfoot her at the trial.

He cited Stegmueller v. Cave, C. P. 6, June term, 1952, no. 6457. The petition there is the same as here, the difference being that petitioner was plaintiff, whereas here he is defendant. I sense a real difference between a case where a proper claim might go altogether unproved without help and a case where, for all I know, a defendant merely wants to match versions of the accident ahead of time. Without help from *542petitioner, one must take the gloomy view, believing that the negatives so prominently set forth in Civil Procedure Rule 4011 should be dealt with somehow by a discoverer.

Without prejudice to defendant to file a more illuminating document, his petition is, for the nonce, dismissed.
#### § 1010.311 Filing obligations for reports of transactions in currency.

Each financial institution other than a casino shall file a report of each deposit, withdrawal, exchange of currency or other payment or transfer, by, through, or to such financial institution which involves a transaction in currency of more than $10,000, except as otherwise provided in this section. In the case of the U.S. Postal Service, the obligation contained in the preceding sentence shall not apply to payments or transfers made solely in connection with the purchase of postage or philatelic products.
www.gpo.gov

### §612. Establishment of trust fund for each tribe; transfer of funds; interest; crediting of revenues, receipts, and proceeds of judgments

The Secretary of the Treasury, upon request of the Secretary of the Interior, is authorized and directed to establish a trust fund account for each tribe and shall make such transfer of funds on the books of his department as may be necessary to effect the purpose of section 611 of this title: *Provided*, That interest shall accrue on the principal fund only, at the rate of 4 per centum per annum, and shall be credited to the interest trust fund accounts established by this section: *Provided further*, That all future revenues and receipts derived from the Wind River Reservation under any and all laws, and the proceeds from any judgment for money against the United States hereafter paid jointly to the Shoshone and Arapahoe Tribes of the Wind River Reservation, shall be divided in accordance with section 611 of this title and credited to the principal trust fund accounts established herein; and the proceeds from any judgment for money against the United States hereafter paid to either of the tribes singly shall be credited to the appropriate principal trust fund account.

(May 19, 1947, ch. 80, §2, 61 Stat. 102; Aug. 30, 1951, ch. 367, §1, 65 Stat. 208; Pub. L. 85–610, §1, Aug. 8, 1958, 72 Stat. 541.)

#### Amendments

1958—Pub. L. 85–610 substituted “Secretary of the Treasury” for “Comptroller of the United States”, required division of future receipts from Reservation and proceeds from judgments paid jointly to Tribes, and provided for manner of crediting proceeds from judgments paid to either of Tribes.

1951—Act Aug. 30, 1951, substituted “any” for “existing” before “law” in second proviso.
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 Transportation

###### Federal Motor Carrier Safety Administration

# AGENCY:

Federal Motor Carrier Safety Administration (FMCSA), DOT.

# Time and Date:

September 3, 2009, 12 noon to 3 p.m., Eastern Daylight Time. 

# Place:

This meeting will take place telephonically. Any interested person may call Mr. Avelino Gutierrez at (505) 827-4565 to receive the toll free number and pass code needed to participate in these meetings by telephone.

# Status:

Open to the public.

# Matters to be Considered:

The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board.

# FOR FURTHER INFORMATION CONTACT:

Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827-4565.

Issued on: August 4, 2009.

Larry W. Minor,

Associate Administrator for Policy and Program Development.

[FR Doc. E9-19236 Filed 8-6-09; 4:15 pm]

BILLING CODE 4910-EX-P
# L_2021048DE.01001401.xml

| 11.2.2021 | DE | Amtsblatt der Europäischen Union | L 48/14 |
| --- | --- | --- | --- |

11.2.2021

DE

Amtsblatt der Europäischen Union

L 48/14

---

Berichtigung der Delegierten Verordnung (EU) 2019/2017 der Kommission vom 11. März 2019 zur Ergänzung der Verordnung (EU) 2017/1369 des Europäischen Parlaments und des Rates in Bezug auf die Energieverbrauchskennzeichnung von Haushaltsgeschirrspülern und zur Aufhebung der Delegierten Verordnung (EU) Nr. 1059/2010 der Kommission

(
  Amtsblatt der Europäischen Union L 315 vom 5. Dezember 2019
  )

Seite 150, Anhang VI Nummer 2 letzter Teil des Satzes:

Anstatt:

„so sind in die technische Dokumentation die Einzelheiten dieser Berechnung, die vom Lieferanten vorgenommene Überprüfung der Genauigkeit der Berechnung und gegebenenfalls die Erklärung zur Identität der Modelle verschiedener Lieferanten aufzunehmen.“

muss es heißen:

„so sind in der technischen Dokumentation die Einzelheiten dieser Berechnung, die von den Lieferanten vorgenommene Bewertung der Genauigkeit der Berechnung und gegebenenfalls die Erklärung zur Gleichwertigkeit der Modelle verschiedener Lieferanten aufzuführen.“

---
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 112 Referred in Senate (RFS)]

  1st Session
H. J. RES. 112

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1995

    Received; read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                            JOINT RESOLUTION

 
Providing for the appointment of Louis Gerstner as a citizen regent of 
          the Board of Regents of the Smithsonian Institution.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That, in accordance with 
section 5581 of the Revised Statutes of the United States (20 U.S.C. 
43), the vacancy on the Board of Regents of the Smithsonian 
Institution, in the class other than Members of Congress, occurring by 
reason of the resignation of Ira Michael Heyman of Cali-
fornia on May 27, 1994, is filled by the appointment of Louis Gerstner 
of Connecticut. The appointment is for a term of six years and shall 
take effect on the date on which this joint resolution becomes law.

            Passed the House of Representatives November 7, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```
Exhibit
32.1




ICONIX
BRAND GROUP, INC.




CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,




AS
ADOPTED PURSUANT TO SECTION 906 OF




THE
SARBANES-OXLEY ACT OF 2002




In
connection with the Quarterly Report of Iconix Brand Group, Inc. (the “Company”)
on Form 10-Q for the period ended September 30, 2009 (the “Report”), I, Neil
Cole, President and Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:




(1) The
Report fully complies with the requirements of section 13(a) of the Securities
Exchange Act of 1934; and




(2) The
information contained in the Report fairly presents, in all material respects,
the financial condition and result of operations of the Company.




/s/
      Neil ColeNeil
      ColePresident
      and Chief Executive OfficerDate:
      November 6, 2009
**EXHIBIT 32.1**

 

CERTIFICATION BY THE CHIEF EXECUTIVE OFFICER AND

CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

1.                                       The undersigned are the Chief Executive Officer and the Chief Financial Officer of Western Gas Resources, Inc. (“Western Gas Resources”).  This Certification is made pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.  This Certification accompanies the Quarterly Report on Form 10-Q of Western Gas Resources for the quarter ended September 30, 2005.

 

2.                                       We certify that such Quarterly Report on Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in such Quarterly Report on Form 10-Q fairly represents, in all material respects, the financial condition and results of operations of Western Gas Resources.

 

This Certification is executed as of December 19, 2005.

 
|   | /s/ Peter A. Dea                                     |   |
|--------|------------------------------------------------------|--------|
|   | Peter A. Dea,                                        |
|   | Chief Executive Officer and President                |
|   |                                                 |
|   |                                                 |
|   | /s/ William J. Krysiak                               |   |
|   | William J. Krysiak,                                  |
|   | Executive Vice President and Chief Financial Officer |
|        |                                                      |        |  |

 

----
* 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. 01-20337

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

MANUEL ADRIAN MORENO-RAMIREZ,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. H-00-CR-828-ALL

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

October 26, 2001

Before WIENER, BENAVIDES, and DENNIS, Circuit Judges. 

PER CURIAM:*

Manuel Adrian Moreno-Ramirez (“Moreno”) appeals his guiltyplea conviction and sentence for being found in the United States

after having been previously deported subsequent to an

aggravated-felony conviction, in violation of 8 U.S.C. § 1326. 

He argues that the district court erred in applying a 16-level

“aggravated felony” increase, under U.S.S.G. § 2L1.2(b)(1)(A),

because the rule of lenity required the court to interpret the

term “drug trafficking crime” to exclude his state conviction for

mere possession of cocaine. 
No. 01-20337

-2-

The district court did not err in applying U.S.S.G.

§ 2L1.2(b)(1)(A). As Moreno acknowledges, his argument is

foreclosed by this court’s decision in United States v.

Hinojosa-Lopez, 130 F.3d 691, 693-94 (5th Cir. 1997); see also

United States v. Hernandez-Avalos, 251 F.3d 505, 508-09 (5th Cir.

2001), cert. denied, ___ S. Ct. ___ (U.S. Oct. 1, 2001, No. 01-

5773), 2001 WL 992061. 

AFFIRMED.