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# Bureau of Overseas Buildings Operations

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§ 544.512 Authorizing Certain Transactions in Support of Nongovernmental Organizations' Activities. ( a ) Except as provided in paragraph (c) of this section, all transactions prohibited by this part that are ordinarily incident and necessary to the activities described in paragraph (b) of this section by a nongovernmental organization are authorized, provided that the nongovernmental organization is not a person whose property or interests in property are blocked pursuant to this part.
( b ) The activities referenced in paragraph (a) of this section are non-commercial activities designed to directly benefit the civilian population that fall into one of the following categories: ( 1 ) Activities to support humanitarian projects to meet basic human needs, including disaster, drought, or flood relief; food, nutrition, or medicine distribution; the provision of health services; assistance for vulnerable or displaced populations, including individuals with disabilities and the elderly; and environmental programs;
( 2 ) Activities to support democracy building, including activities to support rule of law, citizen participation, government accountability and transparency, human rights and fundamental freedoms, access to information, and civil society development projects;
( 3 ) Activities to support education, including combating illiteracy, increasing access to education, international exchanges, and assisting education reform projects;
( 4 ) Activities to support non-commercial development projects directly benefiting civilians, including those related to health, food security, and water and sanitation;
( 5 ) Activities to support environmental and natural resource protection, including the preservation and protection of threatened or endangered species, responsible and transparent management of natural resources, and the remediation of pollution or other environmental damage; and
( 6 ) Activities to support disarmament, demobilization, and reintegration (DDR) programs and peacebuilding, conflict prevention, and conflict resolution programs.
( c ) This section does not authorize funds transfers initiated or processed with knowledge or reason to know that the intended beneficiary of such transfers is a person blocked pursuant to this part, other than for the purpose of effecting the payment of taxes, fees, or import duties, or the purchase or receipt of permits, licenses, or public utility services.
( d ) Specific licenses may be issued on a case-by-case basis to authorize nongovernmental or other entities to engage in other activities designed to directly benefit the civilian population, including support for the removal of landmines and economic development projects directly benefiting the civilian population.
Note 1 to § 544.512 .
This section does not relieve any person authorized thereunder from complying with any other applicable laws or regulations.
[87 FR 78487, Dec. 21, 2022]
§ 526.502 Effect of license or other authorization. ( a ) No license or other authorization contained in this part, or otherwise issued by OFAC, authorizes or validates any transaction effected prior to the issuance of such license or other authorization, unless specifically provided in such license or authorization.
( b ) No regulation, ruling, instruction, order, directive, or license authorizes any transaction prohibited under this part unless the regulation, ruling, instruction, order, directive, or license is issued by OFAC and specifically refers to this part. No regulation, ruling, instruction, order, directive, or license referring to this part shall be deemed to authorize any transaction prohibited by any other part of this chapter unless the regulation, ruling, instruction, order, directive, or license specifically refers to such part.
( c ) Any regulation, ruling, instruction, order, directive, or license authorizing any transaction prohibited under this part has the effect of removing a prohibition contained in this part from the transaction, but only to the extent specifically stated by its terms. Unless the regulation, ruling, instruction, order, directive, or license otherwise specifies, such an authorization does not create any right, duty, obligation, claim, or interest in, or with respect to, any property that would not otherwise exist under ordinary principles of law.
( d ) Nothing contained in this part shall be construed to supersede the requirements established under any other provision of law or to relieve a person from any requirement to obtain a license or other authorization from another department or agency of the U.S. Government in compliance with applicable laws and regulations subject to the jurisdiction of that department or agency. For example, exports of goods, services, or technical data that are not prohibited by this part or that do not require a license by OFAC nevertheless may require authorization by the U.S. Department of Commerce, the U.S. Department of State, or other agencies of the U.S. Government.
( e ) No license or other authorization contained in or issued pursuant to this part authorizes transfers of or payments from blocked property or debits to blocked accounts unless the license or other authorization explicitly authorizes the transfer of or payment from blocked property or the debit to a blocked account.
( f ) Any payment relating to a transaction authorized in or pursuant to this part that is routed through the U.S. financial system should reference the relevant OFAC general or specific license authorizing the payment to avoid the blocking or rejection of the transfer.
[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Pages 43694-43695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20647]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13559-000]


Hydro Power 101, LLC; Notice of Preliminary Permit Application 
Accepted for Filing and Soliciting Comments, Motions To Intervene, and 
Competing Applications

August 20, 2009.
    On July 22, 2009, Hydro Power 101, LLC filed an application, 
pursuant to section 4(f) of the Federal Power Act (FPA), proposing to 
study the feasibility of the Tacony Project No. 13559, to be located in 
the Delaware River in the City of Philadelphia, Philadelphia County, 
Pennsylvania.
    The proposed Tacony Project would be located in an area of the 
Delaware River just upstream of the Tacony-Palmyra bridge (State Route 
73) and would consist of: (1) Up to 150 20-kilowatt (kW) underwater 
turbine generators with a total capacity of 3,000 kW attached to either 
pilings in the river bottom, or moored to shore structures; (2) a new 
69-kilovolt, 1,200-foot-long transmission line; and (3) appurtenant 
facilities. The project would have an estimated annual generation 
between 4,000 and 5,000 megawatt-hours.
    Applicant Contact: Mr. Jeremy Conner, 3000 Atrium Way, Suite 261, 
Mt. Laurel, NJ 08054, (856) 273-5761.
    FERC Contact: Tom Dean, (202) 502-6041.
    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 ``eFiling'' 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-
13559) in the docket number field to access the

[[Page 43695]]

document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-20647 Filed 8-26-09; 8:45 am]
BILLING CODE 6717-01-P
§ 561.502 Effect of license or authorization. ( a ) No license or other authorization contained in this part, or otherwise issued by the Office of Foreign Assets Control, authorizes or validates any transaction effected prior to the issuance of such license or other authorization, unless specifically provided in such license or authorization.
( b ) No regulation, ruling, instruction, or license authorizes any transaction prohibited under this part unless the regulation, ruling, instruction, or license is issued by the Office of Foreign Assets Control and specifically refers to this part. No regulation, ruling, instruction, or license referring to this part shall be deemed to authorize any transaction prohibited by any other part of this chapter unless the regulation, ruling, instruction, or license specifically refers to such part.
( c ) Any regulation, ruling, instruction, or license authorizing any transaction otherwise prohibited under this part has the effect of removing a prohibition contained in this part from the transaction, but only to the extent specifically stated by its terms. Unless the regulation, ruling, instruction, or license otherwise specifies, such an authorization does not create any right, duty, obligation, claim, or interest in, or with respect to, any property which would not otherwise exist under ordinary principles of law.
[Federal Register Volume 74, Number 164 (Wednesday, August 26, 2009)]
[Notices]
[Page 43166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20475]


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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,793]


Cyber Optics Corporation, Minneapolis, MN; Notice of Termination 
of Investigation

    Pursuant to Section 223 of the Trade Act of 1974, as amended, an 
investigation was initiated in response to a petition filed by a state 
official on May 18, 2009 on behalf of workers of Cyber Optics 
Corporation, Minneapolis, Minnesota.
    The petitioning group of workers is covered by an active 
certification, (TA-W-70,120) which expires on July 29, 2011. 
Consequently, further investigation in this case would serve no 
purpose, and the investigation has been terminated.

    Signed at Washington, DC, this 30th day of July 2009.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E9-20475 Filed 8-25-09; 8:45 am]
BILLING CODE 4510-FN-P
[Federal Register Volume 74, Number 165 (Thursday, August 27, 2009)]
[Notices]
[Page 43715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20607]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[LLWYD01000-2009-LL13100000-NB0000-LXSI016K0000]


Notice of Annual Tour for the Pinedale Anticline Working Group

AGENCY: Bureau of Land Management, Department of the Interior.

ACTION: Notice.

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

SUMMARY: In accordance with the Federal Land Policy and Management Act 
(1976), the Federal Advisory Committee Act (1972), and the Record of 
Decision (ROD) for the Pinedale Anticline Final Supplemental 
Environmental Impact Statement (2008), the U.S. Department of the 
Interior, Bureau of Land Management (BLM) Pinedale Anticline Working 
Group (PAWG) will conduct its annual tour of the Pinedale Anticline 
Project Area (PAPA) in Pinedale, Wyoming on Friday, September 25, 2009. 
The tour is open to the public and will begin at the BLM Pinedale field 
office at 9 a.m. To take part in the tour, members of the public must 
RSVP no later than Friday, September 18, 2009.

DATES: Friday, September 25, 2009 at 9 a.m.

ADDRESSES: The tour will begin at the BLM Pinedale Field Office, 1625 
West Pine Street, Pinedale, WY. RSVP to Ms. Shelley Gregory, PAWG 
Designated Federal Officer, Bureau of Land Management, Pinedale Field 
Office, P.O. Box 768, Pinedale, Wyoming 82941, or <a href="/cdn-cgi/l/email-protection#07746f626b6b627e586075626068757e47656b6a29606871"><span class="__cf_email__" data-cfemail="2a59424f46464f53754d584f4d4558536a484647044d455c">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Ms. Shelley Gregory, PAWG Designated 
Federal Officer, Bureau of Land Management, Pinedale Field Office, 1625 
West Pine Street, P.O. Box 768, Pinedale, Wyoming 82941, (307) 367-
5323, <a href="/cdn-cgi/l/email-protection#43302b262f2f263a1c243126242c313a03212f2e6d242c35"><span class="__cf_email__" data-cfemail="0a79626f66666f73556d786f6d6578734a686667246d657c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Pinedale Anticline Working Group (PAWG) 
was authorized and established with release of the Record of Decision 
(ROD) for the Final Environmental Impact Statement of the Pinedale 
Anticline Oil and Gas Exploration and Development Project Area (PAPA) 
on July 27, 2000 and carried forward with the release of the ROD for 
the Final Supplemental Environmental Impact Statement (FSEIS) of the 
PAPA on September 12, 2008.
    The PAWG advises the BLM on the development and implementation of 
monitoring plans and adaptive management decisions as PAPA development 
proceeds. Additional information about the PAWG can be found at: http://www.blm.gov/wy/st/en/field_offices/Pinedale/pawg.html.

    Dated: August 4, 2009.
Chuck Otto,
Field Office Manager.
[FR Doc. E9-20607 Filed 8-26-09; 8:45 am]
BILLING CODE 4310-22-P


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#### Betty Jean MYERS Plaintiff-Appellant, v. PHILLIP MORRIS COMPANIES, INC.; Brown & Williamson Tobacco Company Corp.; R.J. Reynolds Tobacco Company Defendants-Appellees.

No. 99-17383.

D.C. No. CV-99-05449-REC.

United States Court of Appeals, Ninth Circuit.

Feb. 14, 2001.

Before BOOCHEVER, O’SCANNLAIN, and TASHIMA, Circuit Judges.

ORDER

Defendants-Appellees’ motion to certify to the California Supreme Court has been substantially GRANTED by order of this Court filed this date. As to those issues not certified, submission of this case for decision is deferred pending the resolution of *Naegele v. R.J. Reynolds Tobacco Co.,*No. S090420, by the California Supreme Court. As to the issue certified, submission of this case for decision is deferred pending the California Supreme Court’s resolution of the certified question or its order declining to accept the certified question. Within 14 days of the date a decision is issued by the California Supreme Court either in this certified case or in *Naegele,*the parties shall notify this court and transmit a copy of the decision.
§ 569.511 Authorizing Certain Transactions in Support of Nongovernmental Organizations' Activities. ( a ) Except as provided in paragraph (c) of this section, all transactions prohibited by this part that are ordinarily incident and necessary to the activities described in paragraph (b) of this section by a nongovernmental organization are authorized, provided that the nongovernmental organization is not a person whose property or interests in property are blocked pursuant to this part.
( b ) The activities referenced in paragraph (a) of this section are non-commercial activities designed to directly benefit the civilian population that fall into one of the following categories: ( 1 ) Activities to support humanitarian projects to meet basic human needs, including disaster, drought, or flood relief; food, nutrition, or medicine distribution; the provision of health services; assistance for vulnerable or displaced populations, including individuals with disabilities and the elderly; and environmental programs;
( 2 ) Activities to support democracy building, including activities to support rule of law, citizen participation, government accountability and transparency, human rights and fundamental freedoms, access to information, and civil society development projects;
( 3 ) Activities to support education, including combating illiteracy, increasing access to education, international exchanges, and assisting education reform projects;
( 4 ) Activities to support non-commercial development projects directly benefiting civilians, including those related to health, food security, and water and sanitation;
( 5 ) Activities to support environmental and natural resource protection, including the preservation and protection of threatened or endangered species, responsible and transparent management of natural resources, and the remediation of pollution or other environmental damage; and
( 6 ) Activities to support disarmament, demobilization, and reintegration (DDR) programs and peacebuilding, conflict prevention, and conflict resolution programs.
( c ) This section does not authorize funds transfers initiated or processed with knowledge or reason to know that the intended beneficiary of such transfers is a person blocked pursuant to this part, other than for the purpose of effecting the payment of taxes, fees, or import duties, or the purchase or receipt of permits, licenses, or public utility services.
( d ) Specific licenses may be issued on a case-by-case basis to authorize nongovernmental or other entities to engage in other activities designed to directly benefit the civilian population, including support for the removal of landmines and economic development projects directly benefiting the civilian population.
Note 1 to § 569.511 .
This section does not relieve any person authorized thereunder from complying with any other applicable laws or regulations.
[87 FR 78495, Dec. 21, 2022]
* 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). NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
ALEXANDER MEZHBEIN, Petitioner - Appellee,
v. J. F. SALAZAR, Warden, Respondent - Appellant. No. 08-55131 D.C. No. CV-06-08059-DOC
MEMORANDUM *

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding Submitted May 7, 2012 ** Pasadena, California Before: WARDLAW, PAEZ, and RAWLINSON, Circuit Judges. Warden J.F. Salazar appeals the distri ct court’s grant of inmate Alexander Mezhbein’s 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 2253, and we reverse. 

# FILED
JUN 08 2012 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS1. Although Mezhbein was released from prison pursuant to an order of the district court, this appeal is not moot. Mezhbein’s release was effected by the very order that the Warden now argues was in error. See Eagles v. United States ex rel. Samuels , 329 U.S. 304, 307–08 (1946) (“Though the writ has been granted and the prisoner released, the appellate court by what it does is not rendering an opinion and issuing an order which cannot affect the litigants in the case before it. . . . Reversal undoes what the habeas corpus court did and makes lawful a resumption of the custody.”). 2. Mezhbein argues that the Warden failed to appeal the district court’s order subsequent to its initial grant of Mezhbe in’s habeas petition, which directed the state governor to consent to Mezhbein’s release from prison. The Warden was not obligated to appeal the district court’ s subsequent order, because the relevant judgment in a federal habeas appeal is the di strict court’s grant or denial of the writ itself. See 28 U.S.C. § 2253(a); see also Eagles , 329 U.S. at 307. 3. Federal due process requires only thata prisoner seeking parole receive an opportunity to be heard, notification of the reasons for any denial, and advance access to the record. See Swarthout v. Cooke , 131 S. Ct. 859, 862 (2011). Mezhbein concedes that he was affordedthis constitutionally adequate process.4. Finally, we note that since his rel ease, Mezhbein has lived peaceably in Southern California for five years. Th at the state is constitutionally entitled to return him to custody does not mean that it would be judicious to do so. REVERSED
.