alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 151.21 Procedures: Application; general information. ( a ) An eligible sponsor that desires to obtain Federal aid for eligible airport development must submit to the Area Manager of the area in which the sponsor is located (hereinafter in this part referred to as the “Area Manager”), a request on FAA Form 5100-3, accompanied by— ( 1 ) The sponsor's written statement as to whether the proposed project involves the displacement and relocation of persons residing on land physically acquired or to be acquired for the project development; and
( 2 ) The sponsor's written assurance, if the project involves displacement and relocation of such persons, that adequate replacement housing will be available or provided for (built, if necessary), without regard to their race, color, religion, sex, or national origin, before the execution of a grant agreement for the project.
( b ) A proposed project is selected for inclusion in a program only if the sponsor has submitted a written assurance when required by paragraph (a)(2) of this section, or if the Administrator has determined that the project does not involve the displacement and relocation of persons residing on land to be physically acquired or to be acquired for the project development. If the Administrator selects a proposed project for inclusion in a program, a tentative allocation of funds is made for it and the sponsor is notified of the allocation. The tentative allocation may be withdrawn if the sponsor fails to submit an acceptable project application as provided in paragraph (c) of this section or fails to proceed diligently with the project, or if adequate replacement housing is not available or provided for in accordance with a written assurance when required by paragraph (a)(2) of this section.
( c ) As soon as practicable after receiving notice of the tentative allocation, the sponsor must submit a project application on FAA Form 1624 to the Area Manager, without changing the language of the form, unless the change is approved in advance by the Administrator. In the case of a joint project, each sponsor executes only those provisions of the project application that apply to it. A sponsor who has executed a grant agreement for a project for the development of an airport under the Program, may, in the Administrator's discretion, submit additional project applications on FAA Form 1624 for further development of that airport.
(49 U.S.C. 1120, 1655(c); sec. 6(c), Dept. of Transportation Act; sec. 1.4(b)(1) of the regulations of the Office of the Secretary of Transportation; Federal Airport Act, as amended)
[Doc. No. 1329, 27 FR 12351, Dec. 13, 1962, as amended by Amdt. 151-11, 31 FR 6686, May 5, 1966; Amdt. 151-32, 34 FR 9617, June 19, 1969; Amdt. 151-39, 35 FR 5536, Apr. 3, 1970]
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-3446

___________ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the Northern * District of Iowa. Timothy J. Lange, * * [UNPUBLISHED] Appellant. *

___________ Submitted: April 29, 2010 Filed: May 4, 2010

___________ Before MELLOY, BOWMAN, and SMITH, Circuit Judges.

___________ PER CURIAM.

In this direct criminal appeal, Timothy J. Lange challenges the 51-month prison sentence the district court 1 imposed after he pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). His counsel has moved to withdraw and has filed a brief under A nders v. California , 386 U.S. 738 (1967), arguing that the court erred in departing upward by three criminal history categories under U.S.S.G. § 4A1.3(a) ( understatement of criminal history), and

1 The Honorable Linda R. Reade, Chief J udge, United States District Court for the Northern District of Iowa.that the sentence is substantively unreasonable. In his pro se supplemental brief, Lange argues that the court erred in departing upward unde r section 4A1.3. For the following reasons, we affirm.

The district court did not abuse its disc retion in departing upward. The court adequately explained its decision and cons idered appropriate factors in concluding that Lange was a recidivist whose criminal history category did not accurately reflect his recidivism and who ha d received relatively lenien t sentences throughout his extensive criminal history. See United States v. Gonzalez , 573 F.3d 600, 605-07 (8th Cir. 2009) (no abuse of discretion in departing upward under § 4A1.3(a) where court considered appropriate factors and adequate ly explained decision). We also conclude that the court did not abuse its discreti on by imposing an unreasonable sentence: the court noted that it had considered the 18 U.S.C. § 3553(a) factors, specifically discussed several of the factors, and en tertained defense arguments for a lower sentence. We find no indication in the record that the court overlooked a relevant factor, gave significant weight to an imprope r or irrelevant factor, or misapplied the factors. See United States v. Haack , 403 F.3d 997, 1004 (8th Cir. 2005).
Finally, having reviewed the record independently under Penson v. Ohio , 488 U.S. 75 (1988), we have found no nonfrivolous issues. Accordingly, we grant counsel’s motion to withdraw, and we affirm the district court’s judgment.

______________________________

-2-
#### § 325.3 Definitions.

As used in this part, *eligible place* means a place in the United States that meets the specified criteria outlined in 49 U.S.C. Chapter 417.

[Doc. No. DOT-OST-2014-0140, 84 FR 15938, Apr. 16, 2019]
UNITED STATES DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY

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AND SOUTHERN FLANKS OF THE BLACK HILLS, SOUTH DAKOTA

491603 © - 59 (In pocket) No. 3
#### § 385.1 Definitions.

*Petition for review* means a petition asking the appropriate Reviewing Official to exercise his or her discretionary right of review of staff action.

*Precedent* means applicable judicial decisions and decisions by the Department, or by its predecessor where consistent with Department policy.

*Reviewing Official* means the Assistant Secretary for Aviation and International Affairs, the General Counsel, or the Director of the Bureau of Transportation Statistics, as appropriate to the subject matter under review, but not with regard to General Counsel and Administrative Law Judge decisions made under this part.

*Staff action* means the exercise of a function under Subparts I, II and IV of Subtitle VII of Title 49 of the United States Code (Transportation) by a staff member pursuant to assignment under this part.

*Staff members* means officers and employees of the Department who are assigned authority under this part.

[Doc. No. T-1, 49 FR 50985, Dec. 31, 1984, as amended by Amdt. 1-261, 59 FR 10061, Mar. 3, 1994; 60 FR 66726, Dec. 26, 1995; Doc. No. OST-96-1268, 61 FR 19167, May 1, 1996; Doc. No. DOT-OST-2014-0140, 84 FR 15942, Apr. 16, 2019]
[J-71-2023] 

IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

COMMONWEALTH OF PENNSYLVANIA, : No. 24 MAP 2023 

V. 

JEFF DOBSON, 

Appellee 

Appellant 

Appeal from the Order of the 

Superior Court at No. 2099 EDA 

2021 dated June 28, 2022, 

reconsideration denied August 31, 

2022, affirming the Judgment of 

Sentence entered September 20, 

2021 in the Delaware County Court 

of Common Pleas, Criminal Division, 

at No. CP-23-CR-0001612-2019. 

: ARGUED: November 30, 2023 

ORDER

PER CURIAM DECIDED: January 8, 2024 

AND NOW, this 8t" day of January, 2024, the Court being evenly divided, the order 

of the Superior Court is AFFIRMED. 

Justice Wecht files an opinion in support of reversal.
§ 27.21 Proof of compliance. Each requirement of this subpart must be met at each appropriate combination of weight and center of gravity within the range of loading conditions for which certification is requested. This must be shown— ( a ) By tests upon a rotorcraft of the type for which certification is requested, or by calculations based on, and equal in accuracy to, the results of testing; and
( b ) By systematic investigation of each required combination of weight and center of gravity if compliance cannot be reasonably inferred from combinations investigated.
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as amended by Amdt. 27-21, 49 FR 44432, Nov. 6, 1984]
§ 29.309 Design limitations. The following values and limitations must be established to show compliance with the structural requirements of this subpart: ( a ) The design maximum and design minimum weights.
( b ) The main rotor r.p.m. ranges, power on and power off.
( c ) The maximum forward speeds for each main rotor r.p.m. within the ranges determined under paragraph (b) of this section.
( d ) The maximum rearward and sideward flight speeds.
( e ) The center of gravity limits corresponding to the limitations determined under paragraphs (b), (c), and (d) of this section.
( f ) The rotational speed ratios between each powerplant and each connected rotating component.
( g ) The positive and negative limit maneuvering load factors.
<PAGE>

                                                                    EXHIBIT 10.4

                               FIRST AMENDMENT TO
                               SEVERANCE AGREEMENT

     This First Amendment, dated as of March 31, 2003, to the Severance
Agreement dated April 8, 2002, between US Airways, Inc. a Delaware corporation
(the "Company"), and Jerrold A. Glass (the "Executive") is entered into as of
the date first stated above.

     WHEREAS, the Company and the Executive have previously entered into the
Agreement; and

     WHEREAS, the Company and the Executive desire to amend the Agreement as set
forth herein.

     NOW THEREFORE, the following amendments are hereby made to the Agreement:

     1. Section 2 of the Agreement is hereby amended by the addition of the
following language at the end thereof:

     "Notwithstanding the foregoing provisions of this Section 2, no "Change of
     Control" or "Change in Control" shall be deemed to have occurred in
     connection with transactions under the Retirement Systems of Alabama
     investment agreement dated September 26, 2002, as amended, or in connection
     with the Company's emergence from bankruptcy."

     2. Section 5(d)(i) of the Agreement is hereby amended by substituting ";
or" for ", and" at the end of Section 5(d)(i)(4), and by the addition of the
following as Section 4(d)(i)(5):

<PAGE>

     "(5) any relocation of the Company's corporate headquarters outside of the
          Washington, D.C. metropolitan area; and".

     3. Section 5(d)(ii) of the Agreement is hereby amended by substituting ";
or" for the period at the end of Section 5(d)(ii)(5), and by the addition of the
following as Section 5(d)(ii)(6):

     "(6) any relocation of the Company's corporate headquarters outside of the
          Washington, D.C. metropolitan area."

                                        EXECUTIVE


                                        /s/ Jerrold A. Glass
                                        Jerrold A. Glass

                                        US AIRWAYS, INC.

                                        By /s/ Jennifer C. McGarey
                                          Name: Jennifer C. McGarey
                                          Title: Vice President, Deputy General
                                                 Counsel & Secretary
EXHIBIT 32

Section 906 Certification

Certification of Chief Executive Officer and Chief Financial Officer Pursuant to 18 U.S.C. §
1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002.

Pursuant to 18 U.S.C. § 1350, adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, the undersigned officers of Host Hotels & Resorts, Inc., the general partner of Host Hotels & Resorts, L.P., (the Company) hereby certify, to such officers knowledge, that:

(i) the accompanying Amendment No. 2 on Form 10-K/A to the Annual Report on Form 10-K of the Company for the year ended December 31, 2007 (the
Report) fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended;

and

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

Dated: September 29, 2008



/s/ W. Edward WalterW. Edward WalterChief Executive Officer of Host Hotels & Resorts, Inc., general partner of Host Hotels & Resorts, L.P./s/ Larry K. HarveyLarry K. HarveyChief Financial Officer of Host Hotels & Resorts, Inc., general partner of Host Hotels & Resorts, L.P.




6
### IN THE

TENTH COURT OF APPEALS

No. 10

- 17

- 00003

- CV

IN RE CAROLYN BARNES

Original Proceeding

MEMORANDUM OPINION

Relator Carolyn Barnes ’s petition for writ of mandamus is denied. Recently

amended Rule of Civil Procedure 145 governs a party’s claim that the party is unable to

afford costs for preparation of the appellate record. T EX

. R. A PP

. P. 20.1 cmt.; see T EX

. R.

C IV

. P. 145 (effective Sept. 1, 2016).

Accordingly, Relator’s mot ion for emergency stay is dismissed as moot.

REX D. DAVIS

JusticeIn re Barnes Page 2

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Petition denied ; motion denied

Opinion delivered and filed January 11, 2017

[OT 06 ]
#### § 372.5 Suspension or revocation of authority.

The Department reserves the power to suspend the authority of any charter operator, without hearing, if it finds that such action is necessary in order to protect the rights of the traveling public, or to revoke such authority for cause.
§ 29.1123 Exhaust piping. ( a ) Exhaust piping must be heat and corrosion resistant, and must have provisions to prevent failure due to expansion by operating temperatures.
( b ) Exhaust piping must be supported to withstand any vibration and inertia loads to which it would be subjected in operation.
( c ) Exhaust piping connected to components between which relative motion could exist must have provisions for flexibility.
#### Grengard Corporation, Respondent, *v.*Kew Gardens Corporation et al., Defendants, and N. Gist Lamdin et al., Appellants.

(Submitted October 5, 1936;

decided October 6, 1936.)

*Thomas D. Hewitt*for motion.

No one opposed.

Motion granted and appeal dismissed, with costs and ten dollars costs of motion, unless undertaldng on appeal is filed within ten days, in which event the motion is denied.
§ 151.61 Grant payments: Partial. ( a ) Subject to the final determination of allowable project costs as provided in § 151.63 partial grant payments for project costs may be made to a sponsor upon application. Unless previously agreed otherwise, a sponsor may apply for partial payments on a monthly basis. The payments may be paid, upon application, on the basis of the costs of airport development that is accomplished or on the basis of the estimated cost of airport development expected to be accomplished.
( b ) Except as otherwise provided, partial grant payments are made in amounts large enough to bring the aggregate amount of all partial payments to the estimated United States share of the project costs of the airport development accomplished under the project as of the date of the sponsor's latest application for payment. In addition, if the sponsor applies, a partial grant payment is made as an advance payment in an amount large enough to bring the aggregate amount of all partial payments to the estimated United States share of the estimated project costs of the airport development expected to be accomplished within 30 days after the date of the sponsor's application for advance payment. However, no partial payment may be made in an amount that would bring the aggregate amount of all partial payments for the project to more than 90 percent of the estimated United States share of the total estimated cost of all airport development included in the project, but not including contingency items, or 90 percent of the maximum obligation of the United States as stated in the grant agreement, whichever amount is the lower. In determining the amount of a partial grant payment, those project costs that the Administrator considers to be of questionable allowability are deducted both from the amount of proj- ect costs incurred and from the amount of the estimated total project cost.
#### § 375.23 Maximum allowable weights.

Foreign civil aircraft that are permitted to navigate in the United States on the basis of foreign airworthiness certificates must conform to the limitations on maximum certificated weights prescribed or authorized for the particular variation of the aircraft type, and for the particular category of use, by the country of manufacture of the aircraft type involved.
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Jitu Banker, Chief Financial Officer of Gateway International Holdings, Inc.,
certify,  pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that this Quarterly Report on Form 10-QSB for
the fiscal quarter ended March 31, 2004, fully complies with the requirements of
section 13(a) or 15(d) of the Securities  Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)) and that  information  contained in this Quarterly Report on Form 10-QSB
for the fiscal quarter ended March 31, 2004,  fairly  presents,  in all material
respects,   the  financial  condition  and  results  of  operations  of  Gateway
International Holdings, Inc.



By: /s/Jitu Banker
    -----------------------------
Name:   Jitu Banker
Title: Chief Financial Officer
Date: October 5, 2005


                                       58
§ 29.731 Wheels. ( a ) Each landing gear wheel must be approved.
( b ) The maximum static load rating of each wheel may not be less than the corresponding static ground reaction with— ( 1 ) Maximum weight; and
( 2 ) Critical center of gravity.
( c ) The maximum limit load rating of each wheel must equal or exceed the maximum radial limit load determined under the applicable ground load requirements of this part.
**Exhibit 1.**

 

**Written Statement of the Chief Executive Officer**

 

**Pursuant to 18 U.S.C. § 1350**

 

Solely for the purposes of complying with 18 U.S.C. §1350, I, the undersigned Chief Executive Officer of Americas Power Partners, Inc. (the “Company”), hereby certify, based on my knowledge, that the Quarterly Report of Form 10-QSB of the Company for the quarter ended December 31, 2002 (the“Report”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results ofoperations of the Company. 

 

/s/    MARK A. MARGASON

Mark A. Margason 

February 13, 2003 

 

21
AMENDMENT
TO MANAGEMENT SERVICES AGREEMENT

    


    THIS AMENDMENT, made as of
June 1, 2009 by and between B+H OCEAN CARRIERS LTD. of 80 Broad Street,
Monrovia, Liberia (“Ocean”) and B+H Management LTD. of Par-la-Ville Place, 14
Par-la-Ville Road, Hamilton, Bermuda (“BHM”).

    


    WHEREAS, Ocean and BHM are
parties to a Management Services Agreement dated June 27, 1988 as amended on
October 10, 1995 and as further amended and adjusted from time to time (the
“MSA”), in respect of the management by BHM of specified vessels within the
fleet of oceangoing vessels operated by Ocean (the “Vessels”); and

    


    WHEREAS, Ocean and BHM with by
means of this Amendment to add a further Vessel to management by BHM under the
MSA.

    


    NOW THEREFORE, in
consideration of the mutual covenants herein contained and for other good and
valuable consideration, the parties agree that:

    


    As from
the date hereof BHM shall undertake the pre-delivery administrative management
under the MSA, at a monthly fee therefore of USD 10,500.00, of the +A1 DP2
Offshore Oilfield Accommodation Work Barge owned by Straits Offshore Ltd. of
Singapore (Hull No. 1150; under construction by NGV TECH Sdn Bhd at Sijankang,
Malaysia pursuant to contract dated April 11, 2008).

    


    IN WITNESS WHEREOF, the
parties have duly executed this Amendment to Management Services Agreement as of
the day and year first above written.

    


    
      
        
          
            
              
                
                  
                    
                      
                        
                          
                            	
                                    B+H
      OCEAN CARRIERS LTD.

                                  
	 
      	 
      
	
                                    By

                                  	 
      
	 
      	
                                    Trevor
      J. Williams – Director

                                  
	 
      	 
      
	
                                    B+H
      MANAGEMENT LTD.

                                  
	 
      	 
      
	      
                                    By

                                  	
                                     

                                  
	 
      	
                                    Deborah
      L. Paterson -
Director
#### § 29.251 Vibration.

Each part of the rotorcraft must be free from excessive vibration under each appropriate speed and power condition.