alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
DRAFT

MEMORANDUM

Subject: Analysis of historical errors in projections of gasoline and distillate demand from

EIA

From: David Korotney , U.S. EPA, Office of Transportation and Air Quality

To: EPA Air Docket EPA

- HQ

- OAR

- 20 15

- 0111

In determining the applicable annual volume requirements and percentage standards that

apply under the RFS program, EPA uses projections of gasoline and diesel demand provided by

the Energy Information Administration (EIA). These projections are typically taken from the

Short

- Term Energy Outlook (STEO). Being projections, they will often contain some error. We

reviewed historical data on gasoline and distillate projections from EIA to determined how those

projections fared in comparison to actual (retros pective) gasoline and distillate demand.

We used data from Table 4a of the STEO to determine the error in demand projections

for years 2005 through 201 4 . Data was not available from STEO for years prior to 2005. We

converted the monthly volumes in mill ion barrels per day into annual volumes in billion gallons

per year. Since the final applicable percentage standards for a given year are required to be

based on projections of gasoline and diesel provided by EIA by October 31 of the previous year

,

we use d the October version of the STEO for the projections for the following calendar year.

While on average EIA's projections tended to overestimate both gasoline and diesel

demand for the following year, this was not always the case. The high variability in the errors

suggests that there is no discernible systematic bias in EIA's projections.

Table 1

Errors in Gasoline Projections based on Table 4a of EIA's Short

- Term Energy Outlook

Year Projected Actual

% change

STEO release Volume STEO release Volume

2014 Oct 2013 133.07 May 2015 136.87 2.9%

2013 Oct 2012 134.04 April 2014 134.60 0.4%

2012 Oct 2011 135.77 Sept 2013 133.51

- 1.7%

2011 Oct 2010 139.41 Aug 2012 134.02

- 3.9%

2010 Oct 2009 139.31 Aug 2012 137.95

- 1.0%

2009 Oct 2008 138.86 Oct 2011 138.01

- 0.6%

2008 Oct 2007 144.44 Oct 2011 137.90

- 4.5%

2007 Oct 2006 143.22 Oct 2011 142.44

- 0.5%

2006 Oct 2005 141.82 Oct 2010 141.93 0.1%

2005 Oct 2004 141.41 Oct 2009 140.50

- 0.6%

Average

- 0.9 %DRAFT

Table 2

Errors in Distillate a Projections based on Table 4a of EIA's Short

- Term Energy Outlook

Year Projected Actual

% change

STEO release Volume STEO release Volume

2014 Oct 2013 59.95 May 2015 61.52 2.6%

2013 Oct 2012 58.92 April 2014 58.84

- 0.1%

2012 Oct 2011 59.36 Sept 2013 57.41

- 3.3%

2011 Oct 2010 57.45 Aug 2012 59.05 2.8%

2010 Oct 2009 57.27 Aug 2012 58.30 1.8%

2009 Oct 2008 61.29 Oct 2011 55.71

- 9.1%

2008 Oct 2007 65.61 Oct 2011 60.51

- 7.8%

2007 Oct 2006 65.13 Oct 2011 64.37

- 1.2%

2006 Oct 2005 64.67 Oct 2010 63.96

- 1.1%

2005 Oct 2004 62.58 Oct 2009 63.17 0.9%

Average

- 1. 4 %

a Table 4a of the STEO does not provide diesel projections specifically , but instead provides total distillate

consumption. We estimate that diesel represents about 90 % of all distillate.
DISMISS and Opinion Filed February 27, 2019 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-01221-CV 

SHUMONE BURNETT, Appellant 

V. 

DIRECT ACCESS CAPITAL HOLDINGS, Appellee 

On Appeal from the County Court at Law No. 5 

Dallas County, Texas 

Trial Court Cause No. CC-18-04771-E 

MEMORANDUM OPINION 

Before Chief Justice Burns, Justice Whitehill, and Justice Molberg 

Opinion by Chief Justice Burns 

When appellant failed to provide the required documentation or correspond with the Court 

about the status of the reporter’s record, we ordered this appeal submitted without the reporter’s 

record and ordered appellant to file her brief by January 19, 2019. When she did not file her brief 

by that date, we cautioned her, by postcard dated January 23, 2019, that the failure to file the brief 

by February 4, 2019 would result in the dismissal of this appeal. See TEX. R. APP. P. 38.8(a)(1). 

To date, appellant has not filed her brief nor has she corresponded with the Court regarding this 

appeal. 

Accordingly, we dismiss the appeal. See id. 38.8(a)(1); 42.3(b),(c). 

181221F.P05 

/Robert D. Burns, III/ 

ROBERT D. BURNS, III 

CHIEF JUSTICE 
 –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

SHUMONE BURNETT, Appellant 

No. 05-18-01221-CV V. 

DIRECT ACCESS CAPITAL 

HOLDINGS, Appellee 

 On Appeal from the County Court at Law 

No. 5, Dallas County, Texas 

Trial Court Cause No. CC-18-04771-E. 

Opinion delivered by Chief Justice Burns. 

Justices Whitehill and Molberg 

participating. 

 In accordance with this Court’s opinion of this date, the appeal is DISMISSED. 

 It is ORDERED that appellee DIRECT ACCESS CAPITAL HOLDINGS recover its 

costs of this appeal from appellant SHUMONE BURNETT. 

Judgment entered February 27, 2019
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-40546

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

DANIEL ESCOBAR-ROJAS,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 5:14-CR-511-1

Before JONES, SOUTHWICK, and COSTA, Circuit Judges.

PER CURIAM:*

Appealing the judgment in a criminal case, Daniel Escobar-Rojas raises 

an argument that he concedes is foreclosed by United States v. Rodriguez, 711 

F.3d 541, 562-63 (5th Cir. 2013) (en banc), in which we held that the generic, 

contemporary definition of “sexual abuse of a minor” does not require that the 

age of consent be below 17 years old. The motion for summary disposition is

GRANTED, and the judgment of the district court is AFFIRMED.

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

December 15, 2015

Lyle W. Cayce

Clerk

 Case: 15-40546 Document: 00513308097 Page: 1 Date Filed: 12/15/2015
639 A.2d 710

#### ATTORNEY GRIEVANCE COMMISSION OF MARYLAND v. William A. HACKNEY.

Misc. (Subtitle BV) No. 3,

Sept. Term, 1994.

Court of Appeals of Maryland.

April 15, 1994.

ORDER

Upon consideration of the Consent to Disbarment from the practice of law filed by William A. Hackney, in accordance with Maryland Rule BV12d2, and the written recommendation of Bar Counsel, it is this 15th day of April, 1994

ORDERED, by the Court of Appeals of Maryland, that William A. Hackney be, and he is hereby, disbarred by consent from the further practice of law in the State of Maryland; and it is further

ORDERED, that the Clerk of this Court shall strike the name of William A. Hackney from the register of attorneys, and pursuant to Maryland Rule BV13, shall certify that fact to the Trustees of the Clients’ Security Trust Fund and the clerks of all judicial tribunals in the State.
EXHIBIT 32.1



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 Annual Report of Lufkin Industries, Inc. (the Company) on Form 10-K for the period ended December 31, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Douglas V. Smith, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the
Sarbanes-Oxley Act of 2002, that:



|(1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 results of operations of the Company.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       
|-----------------------
|/s/ Douglas V. Smith   
|Douglas V. Smith       
|Chief Executive Officer

March 15, 2005



This certification is made solely for the purpose of 18 U.S.C. §1350, and not for any other purpose.
Thrips setosus is a plant pest 

with a wide host range, including 

economically important vegetable 

crops and ornamental plants. It is a 

voracious feeder that can transmit 

tomato spotted wilt virus (TSWV or 

Tospovirus).

In fall 2016, a Michigan greenhouse 

reported the first U.S. detection of 

Thrips setosus on hostas housed with 

the facility’s imported material. While 

this pest can attack many types of 

plants, it is most often found on Hosta

spp. or solanaceous hosts, such as 

tomato, eggplant, and tobacco. 

Thrips setosus is found in Indonesia, 

Japan, the Republic of Korea, and the 

Netherlands. The pest is most likely 

spread through cut flowers and plants 

for planting imports. Suitable habitats 

in the United States include Plant 

Hardiness Zones 4-11; the pest prefers 

protected areas, such as greenhouses. 

Japanese Flower Thrips (Thrips setosus)

Figure 1. Female Thrips setosus feeds on flowers 

and plant leaves. Most thrips are about 1 mm in 

length. Males are uniformly yellow, and females 

are dark brown with some yellow.

INSECTS

Figure 2. Larvae can be found on the underside of 

leaves.

Figure 3. Second life stage of Thrips setosus. 
Damage

Thrips setosus may cause silver or 

bronze-colored spots on foliage. The 

pest causes dark punctures when it 

feeds on leaves. 

Thrips setosus can transmit TSWV 

and may be on infected plants. 

Once the thrips feeds on a plant and 

infects it with the TSWV, the plant will 

show symptoms of the virus. TSWV 

symptoms vary among hosts, but 

may include: stunting, yellowing or 

whitening of normally green plant 

tissue, and premature leaf death. If 

you see these symptoms, look for life 

stages of Thrips setosus.

Report Your Findings

Please keep in mind that while thrips 

is a fact of life in most nurseries, it 

is critical to correctly identify Thrips 

setosus, as this pest has a wide host 

range and the potential for serious 

crop damage. 

INSECTS

Figure 5. When Thrips setosus feeds on a leaf, 

it leaves behind bright shiny spots and black 

excrement.

Figure 4. Thrips setosus causes leaf damage. 

If you suspect Thrips setosus, please 

contact your local extension office 

(nifa.usda.gov/LGU-map) or State 

Plant Health Director (http://www.

aphis.usda.gov/planthealth/sphd). 

USDA is an equal opportunity provider, employer,

and lender.

Photo credit: Dr. Manfred R. Ulitzka

Animal and Plant Health Inspection Service

Issued April 2017

PPQ-17-001
#### § 779.349 The 85-percent requirement.

The final requirement for the section 13(a)(4) exemption is that more than 85 percent of the establishment's sales of the goods it makes or processes, measured by annual dollar volume, must consist of sales made within the State in which the establishment is located. A retail establishment of the type intended to be exempt under this exemption may also sell goods which it does not make or process; the 85-percent requirement applies only to the sales of goods which are made or processed at the establishment. This must not be confused with the additional test which requires that the establishment, to be exempt, must derive more than 50 percent of its entire annual dollar volume of sales of goods from sales made within the State. (See § 779.339.) In other words, more than 85 percent of the establishment's annual dollar volume of sales of goods made or processed at the establishment, and more than 50 percent of the establishment's total annual dollar volume of sales of all the goods sold by the establishment, must be derived from sales made within the State. An establishment will not lose an otherwise applicable exemption under section 13(a)(4) merely because some of its sales of goods made or processed at the establishment are sales for resale or are not recognized as retail sales in the particular industry. Sales for resale, such as wholesale sales, and other sales not recognized as retail sales in the industry, will be counted in the 25-percent tolerance permitted by the exemption. (Cf. *Arnold* v. *Ben Kanowsky, Inc.,* 361 U.S. 388.) Thus, for example, a bakery otherwise meeting the tests of 13(a)(4) making and selling baked goods on the premises nevertheless will qualify as an exempt retail establishment even though it engages in the sale of baked goods to grocery stores for resale if such sales, together with other sales not recognized as retail in the industry, do not exceed 25 percent of the total annual dollar volume of the establishment.
----

Reference for a preliminary ruling by the Finanzgericht Hamburg (Finance Court) (Germany) by order of that court of 16 June 2004 in the case of ED & F Man Sugar Ltd against Hauptzollamt Hamburg-Jonas

(Case C-274/04)

(2004/C 228/47)

Reference has been made to the Court of Justice of the European Communities by order of the Finanzgericht Hamburg (Germany), of 16 June 2004, which was received at the Court Registry on 28 June 2004, for a preliminary ruling in the case of ED & F Man Sugar Ltd against Hauptzollamt Hamburg-Jonas.

The Finanzgericht Hamburg asks the Court of Justice to give a preliminary ruling on the following questions:

----

(1)  OJ L 351, p. 1.

----
**EXHIBIT 23.2**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in Registration Statements No. 333-06435, No. 333-105219, No. 333-132767,No. 333-132768 and Post-Effective Amendment No. 1 to 333-132768 on Form S-8 of our report dated November 29, 2007, relating to the consolidated financial statements of Lee Enterprises, Incorporated and subsidiaries for the year endedSeptember 30, 2007 (before retrospective adjustments to the 2007 consolidated financial statements (not presented herein)) (which report expresses an unqualified opinion and includes an explanatory paragraph regarding the adoption of ASC Topic715, *Retirement Plans*, appearing in this Annual Report on Form 10-K of Lee Enterprises, Incorporated and subsidiaries for the year ended September 27, 2009. 

 

/S/ DELOITTE & TOUCHE LLP 

 

Davenport, Iowa 

December 11, 2009
<TABLE> <S> <C>

<PAGE>
<ARTICLE> UT
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    1,685,222
<OTHER-PROPERTY-AND-INVEST>                      1,028
<TOTAL-CURRENT-ASSETS>                         260,523
<TOTAL-DEFERRED-CHARGES>                        59,939
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               2,006,712
<COMMON>                                       424,334
<CAPITAL-SURPLUS-PAID-IN>                          201
<RETAINED-EARNINGS>                            209,222
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 633,757
<PREFERRED-MANDATORY>                           46,223
<PREFERRED>                                     49,105
<LONG-TERM-DEBT-NET>                           646,835
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                        0
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 630,792
<TOT-CAPITALIZATION-AND-LIAB>                2,006,712
<GROSS-OPERATING-REVENUE>                      821,115
<INCOME-TAX-EXPENSE>                            63,259
<OTHER-OPERATING-EXPENSES>                     610,593
<TOTAL-OPERATING-EXPENSES>                     673,852
<OPERATING-INCOME-LOSS>                        147,263
<OTHER-INCOME-NET>                                 920
<INCOME-BEFORE-INTEREST-EXPEN>                 148,183
<TOTAL-INTEREST-EXPENSE>                        40,242
<NET-INCOME>                                   107,941
<PREFERRED-STOCK-DIVIDENDS>                      4,568
<EARNINGS-AVAILABLE-FOR-COMM>                  103,373
<COMMON-STOCK-DIVIDENDS>                        75,200
<TOTAL-INTEREST-ON-BONDS>                       39,771
<CASH-FLOW-OPERATIONS>                         185,552
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Document Headings

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

###### National Institutes of Health

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 of Child Health and Human Development Initial Review Group Population Research subcommittee.                    

*Date:*                         June 26-27, 2000.                    

*Time:*                         8 a.m. to 12:30 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         Bethesda Holiday Inn, 8120 Wisconsin Avenue, Bethesda, MD 20814.                    

*Contact Person:*                         Jon M. Ranhand, Health Scientist Administrator, Division of Scientific Review, National Institute of Child Health and Human Development, 6100 Executive Blvd., Rm. 5E01, MSC 7510, Bethesda, MD 20892, (301) 435-6884.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.209, Contraception and Infertility Loan Repayment Program; 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research, National Institutes of Health, HHS)

Dated: May 19, 2000.

LaVerne Y. Stringfield,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 00-13279  Filed 5-25-00; 8:45 am]

BILLING CODE 4140-01-M
Panel Member Roster for the May 19-21, 2015

Meeting of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) 

Scientific Advisory Panel (SAP) on Research to

Evaluate the Potential for Juvenile Sensitivity to Pyrethroids

Docket Number: EPA-HQ-OPP-2015-0130

FIFRA SAP Chair

Stephen Klaine, Ph.D. 

Professor, Department of Biological Sciences 

Director, Institute of Environmental Toxicology

Clemson University

Clemson, SC

Designated Federal Official

Fred Jenkins, Jr., Ph.D.

U.S. Environmental Protection Agency

Office of Science Coordination and Policy

FIFRA Scientific Advisory Panel

EPA East Building, MC 7201M

1200 Pennsylvania Avenue, NW 

Washington, DC 20460

Phone: (202) 564-3327

jenkins.fred@epa.gov

FIFRA Scientific Advisory Panel Members

Kenneth Delclos, Ph.D.

Research Pharmacologist

Division of Biochemistry Toxicology

National Center for Toxicological Research

U.S. Food and Drug Administration

Jefferson, AR

Marion Ehrich, Ph.D., D.A.B.T., A.T.S.

Professor of Pharmacology and Toxicology

Department of Biomedical Science and Pathobiology

Virginia-Maryland Regional College of Veterinary Medicine

Virginia Polytechnic Institute and State University

Blacksburg, VA
David A. Jett, Ph.D.

Director, National Institute of Health CounterACT Program

National Institute of Neurological Disorders and Stroke

National Institutes of Health

Bethesda, MD

James McManaman, Ph.D.

Professor and Chief

Section of Basic Reproductive Sciences

Department of Obstetrics and Gynecology, Physiology

and Biophysics

University of Colorado Denver

Aurora, CO

FQPA Science Review Board Members

Russell Carr, Ph.D.

Associate Professor 

College of Veterinary Medicine

Mississippi State University

Mississippi State, MS

Veronica Berrocal, Ph.D.

Assistant Professor of Biostatistics 

Department of Biostatistics

School of Public Health

University of Michigan

Ann Arbor, MS 

Muhammad Hossain, DVM, MS, Ph.D.

Neurotoxicologist Department of Environmental and Occupational Medicine 

Robert Wood Johnson Medical School 

Rutgers University 

Piscataway, NJ

Allison Jenkins, MPH

Senior Toxicologist 

Toxicology Division of the Texas Commission on Environmental Quality (TCEQ)

Austin, TX

Teresa Leavens, Ph.D.

Independent Pharmacokinetic Consultant

Cary, NC 
Igor Linkov, Ph.D.

Team Leader

Risk and Decision Science Focus Area Lead

US Army Engineer Research and Development Center

Concord, MA 

Thomas Murray, Ph.D.

Associate Vice Provost for Research and Scholarship

Professor and Chair

Department of Pharmacology

Creighton University School of Medicine

Omaha, NE

Isaac Pessah, Ph.D.

Associate Dean of Research and Graduate Education, Professor

Department of Molecular Biosciences 

University of California Davis School of Veterinary Medicine

Department of Veterinary Medicine: Molecular Biosciences 

University of California 

Davis, CA 

Bingfang Yan, Ph.D.

Professor and Department Chair of Biomedical and Pharmaceutical Sciences 

Director of the Center for Integrated Drug Development 

University of Rhode 

Island Kingston, RI