alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 NO T F OR

F UL L- TEX T P UB LIC AT ION F ile Nam e: 07a0707n.06 F iled: October 3, 2007 No. 06-3779 UN ITED STA TES C OU RT OF AP P EA LS F OR THE SI XT H C IR CU IT

ELAINE L . CHAO, Secre tary of Labor, United States De partm ent of Lab or, P laintif f-App ellee,

v. F I R S T NATIONAL LENDING CO RP OR

AT ION , e t a l. De fend ant s- App e lla nt s. ) ) ) ) ) ) ) ) ) ) ) ) ON AP P EAL F RO M THE U NI TED STA TES DI STR IC T CO UR T F OR THE NO RT HER

N D ISTRIC T OF OHI O

Be for e : N OR RI S, G IBBO NS, and R OG ER S, C ir c uitJudg e s. P ER CURIAM . De fe nd ants -a pp e lla nts F ir st N a tio na l L e nd ingCor po rat io n and L isa

M. Scherzer (collec tively , “F NL ”) appea l the district c ourt’s judgme nt in favoro f p l ai ntiff-a ppellee Elaine L . Chao, Secre tary of L abor, U nited States Depa rtment of L abor. FN Lcontends that the district court er

red in c oncluding that (1) F NL ’s loan off icer s were “employ ees” under the Fa ir L abor Standards Ac t of 1938, as ame nded, 29 U.S.C. §§ 201 et seq. (“F L SA”), (2) FNL ’s l oan off icer s

wer e not exempt from the minimum wage provisions of the FL SA as “outside salesme n,” and ( 3) F NL fa ile d to me e t its burd e n of pr oo f to re fute the Se c re tary of L a bo r’ s b a c k w a g e c omp utatio ns . Havingrevie wed the pa

rties’ brie fs and the applicable law and having had the bene fit of ora l argument, we c onclude that a panel opinion furthe r addr essing the issues raise d would serve no2

jurispru d en t i al p u rp ose. Ther efor e, on the g rounds identified by the district court, we aff irm the district court’s judg ment in favor of the Secr etar

y of L abor.
ESA-Listed Pacific NW and 

California Anadromous 

Salmonids

28 Evolutionarily Significant Units

Coho

Oncorhynchus kisutch

Chum

Oncorhynchus keta

Sockeye 

Oncorhynchus nerka

Steelhead

Oncorhynchus mykiss

Chinook

Oncorhynchus tshawytscha
Federal Action

“Authorization for use or uses described in 

labeling of a pesticide product containing a 

particular pesticide active ingredient.”

Definition reached at NMFS-USFWS-USEPA meeting 12/12/2007
Metabolites of active ingredients

Registration and uses of pesticide labels 

containing the active ingredients (a.i.)

Stressors

Label-recommended tank mixtures

Degradates of active ingredients

Adjuvants/surfactants added to 

formulations

Other ingredients in formulations
We use an 

ecological risk 

framework to assess

effects of pesticides

to listed species

Can EPA insure that 

pesticide actions are not 

likely to jeopardize the 

continued existence of the 

species?

Can EPA insure that 

pesticide actions are not 

likely to adversely modify 

or destroy designated 

critical habitat?
NMFS Information request:

•Current labels

• Current and pending 24cs

(in CA, ID, OR, WA)

• Current and pending 18s

(in CA, ID, OR, WA)

•Existing stocks of canceled 

products

• Aquatic toxicity studies you 

would like us to consider
```

[Federal Register Volume 65, Number 97 (Thursday, May 18, 2000)]
[Notices]
[Pages 31579-31580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12532]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Institute on Alcohol Abuse and Alcoholism; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Alcohol Abuse and 
Alcoholism Special Emphasis Panel.
    Date: June 15, 2000.
    Time: 4 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Holiday Inn, Bethesda, MD 20814.
    Contact Person: Elsie D. Taylor, Scientific Review 
Administrator, Extramural Project Review Branch, National Institute 
of Alcohol

[[Page 31580]]

Abuse and Alcoholism National Institutes of Health, Suite 409, 6000 
Executive Blvd. Bethesda, MD 20892-7003, 301-443-9787, 
[email protected]

(Catalogue of Federal Domestic Assistance Program Nos. 93.271, 
Alcohol Research Career Development Awards for Scientists and 
Clinicians; 93.272, Alcohol National Research Service Awards for 
Research Training; 93.273, Alcohol Research Program; 93.891, Alcohol 
Research Center Grants, National Institutes of Health, HHS)

    Dated: May 10, 2000.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 00-12532 Filed 5-17-00; 8:45 am]
BILLING CODE 4140-01-M
```
-80 -79 -78 -77 -76 -75 -74

39 40 41 42



### ★ ▲ ▲

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### ★ ▲ ▲ ▲ ▲ 500 1000 1500 500 18 12 06 00 07/17 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 17 Jul 07

EDAS Meteorological DataSource★at 39.44 N 77.04 WMeters AGL
Exhibit 15.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by reference in the
Registration Statements on Form S-8 (File Nos.33-84904, 33-98132, 33-99134, 33-99140, 33-99150, 33-99154 and 333-138316) of Kyocera Corporation of our report dated June 26, 2009 relating to the financial statements and the effectiveness of
internal control over financial reporting, which appears in this Form 20-F.



|                           
|---------------------------
|/s/ Kyoto Audit Corporation
|                           
|Kyoto, Japan               
|June 26, 2009
NO. 12-11-00194-CR

 

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

DAWN RENEE DAWSON, § APPEAL FROM THE 7TH

APPELLANT

V. § JUDICIAL DISTRICT COURT

THE STATE OF TEXAS,

APPELLEE § SMITH COUNTY, TEXAS

 

MEMORANDUM OPINION

PER CURIAM

Appellant has filed a motion to dismiss this appeal. The motion is signed by Appellant 

and her counsel. No decision has been delivered in this appeal. Accordingly, Appellant’s 

motion to dismiss is granted, and the appeal is dismissed. See TEX. R. APP. P. 42.2(a).

Opinion delivered July 20, 2011.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
----

Action brought on 16 September 2004 by Bart Nijs against the Court of Auditors of the European Communities

(Case T-377/04)

(2004/C 284/52)

Language of the case: French

An action against the Court of Auditors of the European Communities was brought before the Court of First Instance of the European Communities on 16 September 2004 by Bart Nijs, residing in Bereldange (Luxembourg), represented by Fränk Rollinger, lawyer, with an address for service in Luxembourg.

The applicant claims that the Court should:

Pleas in law and main arguments:

In support of his action, the applicant alleges that, during the promotions exercise in question, the defendant conducted a comparative examination of the candidates' files, without taking account all of the factors liable to determine its decision, without regard for impartiality, on an unequal basis, neglecting the interests of the service and using information which was not comparable, as it allegedly came from a single reviser whose professional competence is contested by the applicant.

----
#### § 37.71 Where may a complaint be filed?

A complainant may file a complaint with either the recipient or the Director. Complaints filed with the Director should be sent to the address listed in the notice in § 37.30.
§ 570.101 Introductory statement. ( a ) This subpart discusses the meaning and scope of the child labor provisions contained in the Fair Labor Standards Act, as amended (hereinafter referred to as the Act). These provisions seek to protect the safety, health, well-being, and opportunities for schooling of youthful workers and authorize the Secretary of Labor to issue legally binding orders or regulations in certain instances and under certain conditions. The child labor provisions are found in sections 3(1), 11(b), 12, 13 (c) and (d), 15(a)(4), 16(a), and 18 of the Act. They are administered and enforced by the Secretary of Labor who has delegated to the Wage and Hour Division the duty of making investigations to obtain compliance, and of developing standards for the issuance of regulations and orders relating to: ( 1 ) Hazardous occupations,
( 2 ) employment of 14- and 15-year-old children, and
( 3 ) age certificates.
( b ) The interpretations of the Secretary contained in this subpart indicate the construction of the law which will guide him in performing his duties until he is directed otherwise by authoritative rulings of the courts or until he shall subsequently decide that his prior interpretation is incorrect.
[16 FR 7008, July 20, 1951. Redesignated at 28 FR 1634, Feb. 21, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971]
§ 71.3 Responses by components to requests for access to records. ( a ) *In general.* Except as otherwise provided in this section, the component that: ( 1 ) First receives a request for access to a record, and
( 2 ) Has possession of the requested record is the component ordinarily responsible for responding to the request.
( b ) *Authority to grant or deny requests.* The head of a component, or his designee (*i.e.* disclosure officer), is authorized to make an initial grant or denial of any request for access to a record in the possession of that component.
( c ) *Processing of requests for access not properly addressed.* A request for access that is not properly addressed as specified in § 71.2 shall be forwarded to the Assistant Secretary for Administration and Management, who shall forward the request to the appropriate component or components for processing. A request not addressed to the appropriate component will be deemed not to have been received by the Department until the Assistant Secretary for Administration and Management has forwarded the request to the appropriate component which has the record and that component has received the request. When the component receives an improperly addressed request, it shall notify the requester of the date on which it received the request. Accordingly, a request for access shall be deemed received on the date that it is received in the appropriate component.
( d ) *Date for determining responsive records.* In determining the extent to which records are responsive to a request for access, a component ordinarily will include only those records within the component's possession and control as of the date of its receipt of the request.
( e ) *First party requests.* A request for access by the individual data subject for his or her own records shall be processed both under the Freedom of Information Act (FOIA) and the Privacy Act (PA).
#### § 553.100 General.

Section 3(e) of the Fair Labor Standards Act, as amended in 1985, provides that individuals performing volunteer services for units of State and local governments will not be regarded as “employees” under the statute. The purpose of this subpart is to define the circumstances under which individuals may perform hours of volunteer service for units of State and local governments without being considered to be their employees during such hours for purposes of the FLSA.
# **Exhibit 31.1**

# **CERTIFICATIONS**

## Louisville Gas and Electric Company

I, Victor A.Staffieri, Chairman of the Board, President and Chief Executive Officer,certify that:

1. I have reviewedthis annual report on Form 10-K of Louisville Gas and Electric Company;

2. Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3. Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;

4. The registrant’sother certifying officers and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange ActRules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b) evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c) disclosed inthis report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting;

5. The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of registrant’s board of directors (or personsperforming the equivalent functions):

a) all significantdeficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b) any fraud,whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.

Date:  March 21, 2007
| /s/ Victor A. Staffieri                                       |   |
|---------------------------------------------------------------|--------|
| Victor A.  Staffieri                                          |
| Chairman of the  Board, President and Chief Executive Officer |

 

----
(75 South. 641)

#### ADAMS v. STATE.

(6 Div. 293.)

(Court of Appeals of Alabama.

May 15, 1917.)

1. Assault and Battery <@=67 — Self-Defense — Duty' to Retreat.

For the purpose of self-defense -which stops short of killing or attempting to kill, there is no duty to retreat.

[Ed. Note. — For other eases, see Assault and Battery, Cent. Dig. §§ 96, 97.]

2. Assault and Battery <@=84 — Evidence— Conduct of Defendant.

It was the solicitor’s right on cross-examination to inquire as to whether defendant made any effprt to avoid the difficulty by leaving the place where it occurred; it being pertinent to the question whether he entered the fight willingly.

[Ed. Note. — For other cases, see Assault and Battery, Cent. Dig. § 132.]

3. Assault and Battery <@=67 — Self-Defense — Voluntary Entrance into Fight.

Where defendant entered the fight willingly, he had no right to plead self-defense when prosecuted for assault and battery.

[Ed. Note. — For other cases, see Assault and Btatery, Cent. Dig. §§ 96, 97.]

4. Criminal Law <@=758 — Trial — Instruction.

The court’s oral charge, instructing that m considering defendant’s testimony the jury must look to the fact that he was the defendant, was invasive of the jury’s province and improper.

[Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 1786-1789.]

Appeal from Cullman County Court; R. I. Burke, Judge.

Ernest Adams was convicted of an offense, and he appeals.

Reversed and remanded.

J. P. Lockwood, of Cullman, for appellant. W. L. Martin, Atty. Gen., for the State.

BROWN, P. J.

The ruling of the court on the admission of the evidence was free from error.

[1-3] While, “for the purpose of self-defense which stops short of killing or attempting to kill, there is no duty to retreat” (Beyer v. B. R. L. & P. Co., 186 Ala. 56, 64 South. 609; Blankenship v. State, 11 Ala. App. 125, 65 South. 860), it was the right of the solicitor on cross-examination to inquire as to the conduct of the defendant on the occasion of the assault, and the fact that the defendant made no effort to avoid the difficulty by leaving the place of the difficulty was pertinent to the question as to whether he entered the fight willingly, which, if shown, would cut off the right of the defendant to plead self-defense. Howell v. State, 79 Ala. 283; McWilliams v. State, 12 Ala. App. 92, 67 South. 735.

[4] That part of the oral charge of the court instructing the jury that in considering the testimony of the defendant they “must look to the fact that he is the defendant,” etc., was invasive of the province of the jury, and must work a reversal of the judgment of conviction. Tucker v. State, 167 Ala. 1, 52 South. 464; Roberson v. State, 175 Ala. 15, 57 South. 829; Swain v. State, 8 Ala. App. 26, 62 South. 446.

We find no other error in the record; but, for the error pointed out, the judgment is reversed, and the cause remanded.

Reversed' and remanded.
###### Editorial Note on Part 1926

#### Editorial Notes:

1. At 44 FR 8577, Feb. 9, 1979, and corrected at 44 FR 20940, Apr. 6, 1979, OSHA reprinted without change the entire text of 29 CFR part 1926 together with certain General Industry Occupational Safety and Health Standards contained in 29 CFR part 1910, which have been identified as also applicable to construction work. This republication developed a single set of OSHA regulations for both labor and management forces within the construction industry.

2. Nomenclature changes to part 1926 appear at 84 FR 21597, May 14, 2019.

#### § 1926.22 Recording and reporting of injuries. [Reserved]
§ 520.408 What is the subminimum wage for learners and what must I do to comply with the terms of my certificate? ( a ) All learner certificates shall specify: ( 1 ) The subminimum wage rate of not less than 95 percent of the applicable minimum wage required by section 6(a) of the FLSA;
( 2 ) The number or proportion of learners authorized to be employed on any one day;
( 3 ) The occupations in which learners may be employed;
( 4 ) The authorized learning period of not more than 240 hours, except in extraordinary situations as discussed in § 520.403; and
( 5 ) The effective and expiration dates of the certificate.
( b ) Learners properly hired prior to the date on which a learner certificate expires may be continued in employment at subminimum wage rates for the duration of their authorized learning period under the terms of the certificate, even though the certificate may expire before the learning period is completed.
( c ) The employer shall post a copy of the learner certificate during its effective period and thereafter until all authorized learners have completed their learning period(s). The certificate shall be posted in a conspicuous place in each department of the plant where learners are to be employed.
( d ) No learners shall be hired under a learner certificate if, at the time the employment begins, experienced workers capable of equaling the performance of a worker of minimum acceptable skill are available for employment. Before hiring learners during the effective period of the certificate, the employer shall place an order for experienced workers with the local State or Territorial Public Employment Service Office (except in possessions where there is no such office) or have such an active order on file. Written evidence that an order has been placed or is on active file shall be maintained in the employer's records.
( e ) No learner shall be hired under a learner certificate while abnormal labor conditions such as a strike, lock-out, or other similar condition exist in the plant or establishment.
( f ) For each individual learner, the number of hours of previous employment and hours of vocational or similar facility(ies) training must be deducted from the authorized learning period if within the past three years the learner has been employed or received vocational training in a given occupation and industry.
( g ) If experienced workers are paid on a piece rate basis, learners shall be paid at least the same piece rates as experienced workers employed on similar work in the plant and shall receive earnings based on such piece rates whenever such earnings exceed the subminimum wage rates permitted in the certificate.
[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Page 48863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-20188]


=======================================================================
-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

[GSA Bulletin FTR 11-08; Docket 2011--0002, Sequence 6]


Federal Travel Regulation (FTR); Relocation Allowances--Standard 
Mileage Rate for Moving Purposes

AGENCY: Office of Governmentwide Policy, General Services 
Administration (GSA).

ACTION: Notice of a bulletin.

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

SUMMARY: The Internal Revenue Service (IRS) Standard Mileage Rate for 
moving purposes is the rate at which agencies will reimburse an 
employee for using a privately owned vehicle for relocation on a 
worldwide basis. On June 23, 2011, the IRS announced that as of July 1, 
2011, the relocation mileage rate would increase to $0.235 until 
December 31, 2011. FTR Bulletin 11-08 and all other FTR Bulletins may 
be found at http://www.gsa.gov/federaltravelregulation.

DATES: Effective Date: This notice is effective August 9, 2011.
    Applicability Date: This notice applies to relocations performed on 
or after July 1, 2011, until December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Ed Davis, Office of Governmentwide 
Policy (M), Office of Travel, Transportation and Asset Management (MT), 
General Services Administration at (202) 208-7638 or via e-mail at 
<a href="/cdn-cgi/l/email-protection#076263296366716e744760746629606871"><span class="__cf_email__" data-cfemail="9efbfab0faffe8f7eddef9edffb0f9f1e8">[email protected]</span></a>. Please cite FTR Bulletin 11-08.

    Dated: July 21, 2011.
Craig J. Flynn,
Deputy Director, Office of Travel, Transportation and Asset Management, 
Office of Governmentwide Policy.
[FR Doc. 2011-20188 Filed 8-8-11; 8:45 am]
BILLING CODE 6860-14-P


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IPM Files -- MATS Policy Case: 3 of 6 

 12/09/2011 04:46 PM 

 

From: Erich Eschmann/DC/USEPA/US Sort List... 

 

To: Cortney_Higgins@omb.eop.gov 

 

Cc: RobertJ Wayland/RTP/USEPA/US@EPA, Bill Maxwell/RTP/USEPA/US@EPA, 

Kevin Culligan/DC/USEPA/US@EPA, Sam Napolitano/DC/USEPA/US@EPA, Jeb 

Stenhouse/DC/USEPA/US@EPA, Mikhail Adamantiades/DC/USEPA/US@EPA 

Erich Eschmann 

Clean Air Markets Division 

U.S. EPA, Office of Air and Radiation 

 

202 343-9128 Phone 

202 343-2359 Fax 

eschmann.erich@epa.gov

MATS Policy Case_3.zip