alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 106.235 Maritime Security (MARSEC) Level coordination and implementation. ( a ) The OCS facility owner or operator must ensure the OCS facility operates in compliance with the security requirements in this part for the MARSEC Level in effect for the OCS facility.
( b ) When notified of an increase in the MARSEC Level, the OCS facility owner or operator must ensure: ( 1 ) Vessels conducting operations with the OCS facility and vessels scheduled to arrive at the OCS facility within 96 hours of the MARSEC Level change are notified of the new MARSEC Level and the Declaration of Security (DoS), if applicable, is revised as necessary;
( 2 ) The OCS facility complies with the required additional security measures within 12 hours; and
( 3 ) The OCS facility reports compliance or noncompliance to the cognizant District Commander.
( c ) For MARSEC Levels 2 and 3, the Facility Security Officer (FSO) must inform all OCS facility personnel about identified threats, emphasize reporting procedures, and stress the need for increased vigilance.
( d ) An OCS facility owner or operator whose facility is not in compliance with the requirements of this section must so inform the cognizant District Commander and obtain approval prior to interfacing with another vessel or prior to continuing operations.
[USCG-2003-14759, 68 FR 39345, July 1, 2003; 68 FR 41917, July 16, 2003]
§ 530.406 Decision and order of Administrative Law Judge. ( a ) The Administrative Law Judge shall prepare, after completion of the hearing and closing of the record, a decision on the issues referred by the Administrator.
( b ) The decision of the Administrative Law Judge shall include a statement of findings and conclusions, with reasons and basis therefor, upon each material issue presented on the record. If the Administrative Law Judge finds that the Administrator has established by a preponderance of the evidence the factual basis for the determination to deny or revoke a certificate or to assess a civil money penalty, that determination shall be affirmed. The decision shall also include an appropriate order which may affirm, deny, reverse, or modify, in whole or in part, the determination of the Administrator. The reason or reasons for such order shall be stated in the decision.
( c ) The decision shall be served on all parties and the Secretary. The decision when served by the Administrative Law Judge shall constitute the final order of the Department of Labor unless the Administrative Review Board, as provided for in § 530.407 of this subpart, determines to review the decision.
[24 FR 729, Feb. 3, 1959, as amended at 86 FR 1787, Jan. 11, 2021]
§ 794.140 Compensation requirements for a workweek under section 7(b)(3). ( a ) Exemption of an employee in any workweek under section 7(b)(3) is expressly conditioned on and limited by the special compensation provisions which it contains. These are set forth in full text in § 794.100. They require payment to the employee of compensation at specified rates for certain periods within the workweek when such periods are included in his hours of work. Their application requires an increase of at least 50 percent in the minimum wage rate otherwise applicable to the employee in such workweek “for employment in excess of forty hours” and, in addition, if such employment is “in excess of twelve hours in any workday, or * * * in excess of fifty-six hours in any workweek, as the case may be,” the employee must be paid overtime compensation “at a rate not less than one and one-half times the regular rate at which he is employed” for all hours worked in the workweek in excess of the specified daily standard or in excess of the specified weekly standard, whichever is the greater number of overtime hours. The sections following discuss separately the application of these provisions to workweeks when the employee's hours of work do not exceed the daily or weekly standard specified in section 7(b)(3), and to workweeks when hours in excess of the daily or the weekly standard are worked.
( b ) The special compensation requirements of section 7(b)(3) apply to an employee otherwise eligible for the exemption whenever he works more than 40 hours in a workweek for an enterprise described in and operating under this subsection. In any workweek in which the employee does not work more than 40 hours for his employer only the minimum wage requirements of section 6 are applicable. This is because section 7(b)(3) operates only as an exemption from the requirement of section 7(a) that compensation at a rate not less than one and one-half times the employee's regular rate must be paid for all hours worked by him in excess of 40 in the workweek. (This general 40-hour workweek standard has been applicable since Feb. 1, 1969, to all employment within the general coverage of the Act, regardless of whether any overtime pay requirements were previously applicable to such employment before the provisions added by the Fair Labor Standards Amendments of 1966 became effective.)
#### § 778.305 Computation where particular types of deductions are made.

The regular rate of pay of an employee whose earnings are subject to deductions of the types described in paragraphs (a)(1), (2), and (3) of § 778.304 is determined by dividing his total compensation (except statutory exclusions) before deductions by the total hours worked in the workweek. (See also §§ 531.36-531.40 of this chapter.)
##### 



FOURTH AMENDMENT
OF
ADC TELECOMMUNICATIONS, INC.
401(k) EXCESS PLAN
(2002 Restatement)
     1. EXCESS DEFERRALS. Effective for excess deferrals made for Plan Years beginning on or after
January 1, 2006, Sections 3.1.1 and 3.1.2 of the Plan Statement are amended to read in full as
follows:
 Amount.
 Crediting the Account.
 2. FIXED MATCH ADDITIONS. Effective for fixed match additions made for Plan Years beginning on or
after January 1, 2006, Sections 3.2.2 and 3.2.3 of the Plan Statement are amended to read in full
as follows:




---



##### 



Crediting the Account
 Eligible Participant
 3. PERFORMANCE MATCH ADDITIONS. Effective for performance match additions made for Plan Years
beginning on or after January 1, 2006, Section 3.3.3 of the Plan Statement is amended to read in
full as follows:
 Eligible Participant
 4. SAVINGS CLAUSE. Save and except as hereinabove expressly amended, the Plan Statement shall
continue in full force and effect.
 -2-
### Compilation of records of surface waters of the United States through September 1950: Part 9. Colorado River basin

By: Water Resources Division, U.S. Geological Survey

                            https://doi.org/10.3133/wsp1313

#### Links

-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (pdf)
- NGMDB Index Page:  **National Geologic Map Database Index Page**
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

No abstract available.

#### Study Area

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
Wyoming Center on Aging 

Chronic Disease Self-Management Education Program Grantee

1 of 2

Prevention and Public Health Fund 2022, effective May 1, 2022

Goals 

The overall purposes of this 3-year grant are to:

• Goal 1: Develop or expand capacity to 

significantly increase the number of 

older adults and adults with disabilities, 

particularly those in underserved 

areas/populations, who participate in 

evidence-based chronic disease selfmanagement education and selfmanagement support programs to 

empower them to better manage their 

chronic conditions.

• Goal 2: Enhance the sustainability of 

evidence-based chronic disease selfmanagement education and selfmanagement support programs 

through the implementation of robust 

sustainability strategies.

Strategies and Activities

The Wyoming Center on Aging (WyCOA) and its 

partners will: 

• Engage older adults and adults with 

disabilities in evidence-based chronic 

disease self-management education 

and self-management support 

programs across Wyoming. 

• Implement new revenue arrangements 

to sustain these programs.

• Enhance and create new partnerships 

through the Healthier Wyoming 

Network to achieve the goal of an 

integrated sustainable evidence-based 

chronic disease prevention program 

network.

• Develop a partnership with Wyoming 

Cancer Resource Services to refer to 

and deliver Cancer: Thriving and 

Surviving.

Proposed Interventions

• Cancer: Thriving and Surviving

• Chronic Disease Self-Management 

Program (CDSMP)

• On The Move

Partnerships

To achieve the goals of the grant, WyCOA will 

collaborate with the following key partners:
2 of 2

Prevention and Public Health Fund 2022, effective May 1, 2022

• Eastern Shoshone Tribal Health

• Wyoming Cancer Resource Services

• Wyoming Department of Health, Aging 

Division

• Wyoming Department of Health, Public 

Health Division

Anticipated Results 

WyCOA and its partners propose to achieve the 

following results:

• Engage 518 participants in CDSMP while 

expanding access across all 23 Wyoming 

counties.

• Implement Cancer: Thriving and 

Surviving in all 7 of Wyoming’s Cancer 

Health Districts and deliver the 

intervention to 130 participants.

• Implement the On the Move program in 

3 high-need counties delivering to 180 

participants. 

• Achieve a 75% completion rate in all 

CDSME and SMSP.

• Develop and disseminate a public 

marketing campaign that reaches 

35,000 Wyoming residents.

Contact:

Christine McKibbin, PhD

Wyoming Center on Aging

cmckibbi@uwyo.edu

For more information: 

Administration for Community Living 

U.S. Department of Health and Human Services

Washington, DC 20201

http://www.acl.gov
Editorial Note on Part 101
Editorial Note: Nomenclature changes to part 101 appear by USCG-2008-0179, 73 FR 35009, June 19, 2008.

§ 101.530 PACS requirements for Risk Group A. This section lays out requirements for a Physical Access Control System (PACS) that may be used to meet electronic TWIC inspection requirements. ( a ) A PACS may use a TWIC directly to perform electronic TWIC inspection;
( b ) Each PACS card issued to an individual must be linked to that individual's TWIC, and the PACS must contain the following information from each linked TWIC: ( 1 ) The name of the TWIC-holder holder as represented in the Printed Information container of the TWIC.
( 2 ) The TWIC-signed CHUID (with digital signature and expiration date).
( 3 ) The TWIC resident biometric template.
( 4 ) The TWIC digital facial image.
( 5 ) The PACS Personal Identification Number (PIN).
( c ) When first linked, a one-time electronic TWIC inspection must be performed, and the TWIC must be verified as authentic, valid, and biometrically matched to the individual presenting the TWIC.
( d ) Each time the PACS card is used to gain access to a secure area, the PACS must— ( 1 ) Conduct identity verification by: ( i ) Conducting a biometric scan, and match the result with the biometric template stored in the PACS that is linked to the TWIC, or
( ii ) Having the individual enter a stored PACS PIN and conducting a Non-TWIC visual identity verification as defined in § 101.105.
( 2 ) Conduct a card validity check; and
( 3 ) Maintain records in accordance with § 104.235(g) or § 105.225(g) of this subchapter, as appropriate.
[USCG-2007-28915, 81 FR 57709, Aug. 23, 2016]
#### § 570.111 Removal “within 30 days”.

According to section 12(a) goods produced in an establishment in or about which oppressive child labor has been employed are barred as “hot goods” from being shipped or delivered for shipment in commerce in the following two situations: First, if they were removed from the establishment while any oppressive child labor was still being employed in or about it; second, if they were removed from an establishment in or about which oppressive child labor was no longer employed but less than 30 days had then elapsed since any such employment of oppressive child labor came to an end. Once any goods have been removed from a producing establishment within the above-mentioned thirty-day period, they are barred at any time theafter from being shipped or delivered for shipment in commerce so long as they remain “goods” for purposes of the Act.[21] Goods are considered removed from an establishment just as soon as they are taken away from the establishment as that term has been defined.[22] The statute does not require that this “removal” from the establishment be made for the purpose or in the course of a shipment or delivery for shipment in commerce. A “removal” within the meaning of the statute also takes place where the goods are removed from the establishment for some other purpose such as storage, the granting of a lien or other security interest, or further processing.

[16 FR 7008, July 20, 1951, as amended at 23 FR 6240, Aug. 14, 1958. Redesignated at 28 FR 1634, Feb. 21, 1963. Redesignated and amended at 36 FR 25156, Dec. 29, 1971; 75 FR 28458, May 20, 2010]

###### Footnotes -
  570.111

[21] However, section 12(a) contains a provision relieving innocent purchasers from liability thereunder provided certain conditions are met. For a discussion of this provision, *see* § 570.141.

[22] For a discussion of the meaning of “establishment,” see § 570.109.

[23] [Reserved]
[Federal Register Volume 65, Number 106 (Thursday, June 1, 2000)]
[Rules and Regulations]
[Page 34989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13703]


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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[DA No. 00-1000; MM Docket No. 99-337; RM-9524]


Radio Broadcasting Services; Santa Anna, TX

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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

SUMMARY: This document allots Channel 288C3 at Santa Anna, Texas, in 
response to a petition filed by Wagonwheel Broadcasting of Santa Anna. 
See 64 FR 68663, December 8, 1999. The coordinates for Channel 288C3 at 
Santa Anna are 31-37-38 NL and 99-20-03 WL. There is a site restriction 
12.7 kilometers (7.9 miles) south of the community. Mexican concurrence 
has been received for Channel 288C3 at Santa Anna. With this action, 
this docketed proceeding is terminated. A filing window for Channel 
288C3 at Santa Anna will not be opened at this time. Instead, the issue 
of opening a filing window for this channel will be addressed by the 
Commission in a subsequent order.

DATES: Effective June 26, 2000.

FOR FURTHER INFORMATION CONTACT: Kathleen Scheuerle, Mass Media Bureau, 
(202) 418-2180.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Report 
and Order, MM Docket No. 99-337, adopted April 26, 2000, and released 
May 12, 2000. The full text of this Commission decision is available 
for inspection and copying during normal business hours in the 
Commission's Reference Center, 445 12th Street, SW, Washington, DC. The 
complete text of this decision may also be purchased from the 
Commission's copy contractors, International Transcription Services, 
Inc., 1231 20th Street, NW., Washington, DC. 20036, (202) 857-3800, 
facsimile (202) 857-3805.

List of Subjects in 47 CFR Part 73

    Radio broadcasting.
    Part 73 of title 47 of the Code of Federal Regulations is amended 
as follows:

PART 73--[AMENDED]

    1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334 and 336.


Sec. 73.202  [Amended]

    2. Section 73.202(b), the Table of FM Allotments under Texas, is 
amended by adding Santa Anna, Channel 288C3.


Federal Communications Commission.
John A. Karousos,
Chief, Allocations Branch, Policy and Rules Division, Mass Media 
Bureau.
[FR Doc. 00-13703 Filed 5-31-00; 8:45 am]
BILLING CODE 6712-01-U
U.S. DEPARTMENT OF TRANSPORTATION 

Office of Hearings 

Washington, D.C. 

Montgomery Aviation, Inc. 

FAA DOCKET NO. CP (not yet assigned) 

(EIR 201o-GL-11-0096) 

(Civil Penalty Action) 

ANSWER TO COMPLAINT 

RECEIVED 

MAR -5 2012 

H!ARING DOCKET 

Montgomery Aviation, Inc. responds to the Complaint as follows: 

I 

1. Montgomery admits numbered paragraphs 1 and 2 of the Complaint. 

2. Montgomery denies numbered paragraphs 3, 4, 5, 6 and 7 of Section I of the 

Complaint. 

3. Montgomery denies that it violated the Federal Aviation Regulations cited in 

subparagraphs a, b and c. 

II 

1. Montgomery admits numbered paragraph 1 of Section II. 

2. Montgomery denies numbered paragraph 2 Section II to the extent that the penalty 

sought is not reasonable or justified under the facts and circumstances. 

WHEREFORE, Montgomery Aviation, Inc. requests that the Agency action not be 

upheld. 

J.C. B ehlcr, (3743-49) -.... 

BU LERASSOCIATES, ATTORNEYS 

777 East 86th Street 

Indianapolis, IN 46240-0924 

317-253-8686 

317-253-9371 Fax 
Certificate of Service 

I certify that a copy of this document was served upon all parties or counsel by mail, 

express delivery or personal service on this February 27, 2012. 

Original and One Copy: 

Hearing Docket 

Federal Aviation Administration 

Hearing Docket Clerk, AGC-430 

Wilber Wright Building- Suite 2W10oo 

Sao Independence Avenue, S.W. 

Washington, D.C. 20591 

One Copy: 

Mr. Chris Zurales, Senior Attorney, AGL-7K 

Office of Regional Counsel 

2300 East Devon, Avenue 

Des Plaines, IL 60018-4696
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 14-6244

UNITED STATES OF AMERICA,

 Plaintiff – Appellee,

v.

ERNEST LEE SMITH,

 Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Wilmington. Louise W. Flanagan, 

District Judge. (7:07-cr-00123-FL-1; 7:12-cv-00211-FL)

Submitted: May 29, 2014 Decided: June 3, 2014

Before SHEDD, WYNN, and THACKER, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Ernest Lee Smith, Appellant Pro Se. Leslie Katherine Cooley, 

Michael Gordon James, Shailika K. Shah, OFFICE OF THE UNITED 

STATES ATTORNEY, Edward D. Gray, Assistant United States 

Attorney, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Ernest Lee Smith seeks to appeal the district court’s 

orders denying relief on his 28 U.S.C. § 2255 (2012) motion and 

denying Smith’s Fed. R. Civ. P. 59(e) motion for 

reconsideration. The orders are not appealable unless a circuit 

justice or judge issues a certificate of appealability. 28 

U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability 

will not issue absent “a substantial showing of the denial of a 

constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the 

district court denies relief on the merits, a prisoner satisfies 

this standard by demonstrating that reasonable jurists would 

find that the district court’s assessment of the constitutional 

claims is debatable or wrong. Slack v. McDaniel, 529 U.S. 473, 

484 (2000); see Miller-El v. Cockrell, 537 U.S. 322, 336-38 

(2003). When the district court denies relief on procedural 

grounds, the prisoner must demonstrate both that the dispositive 

procedural ruling is debatable, and that the motion states a 

debatable claim of the denial of a constitutional right. Slack, 

529 U.S. at 484-85. 

We have independently reviewed the record and conclude 

that Smith has not made the requisite showing. Accordingly, we 

deny a certificate of appealability and dismiss the appeal. We 

dispense with oral argument because the facts and legal 
3

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

DISMISSED
§ 780.311 Basic conditions of section 13(a)(6)(C). ( a ) Section 13(a)(6)(C) of the Act applies to an employee who: ( 1 ) Is employed in agriculture.
( 2 ) Is employed as a hand harvest laborer.
( 3 ) Is paid on a piece-rate basis.
( 4 ) Is paid piece-rates in an operation which has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment.
( 5 ) Commutes daily from his permanent residence to the farm on which he is so employed.
( 6 ) Has been employed in agriculture less than 13 weeks during the preceding calendar year.
( b ) In order for the exemption to apply to an employee, all of the requirements must be met. Since a hand harvest laborer is normally an agricultural worker, while so engaged, such an employee would meet the basic requirements that he be employed in agriculture. Subpart B of this part contains a more detailed discussion of what constitutes employment in agriculture. The meaning and application of the remaining requirements are discussed in the following sections.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 13-50681

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

TERRY DWAYNE ROBINSON,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 7:13-CR-111-1

Before REAVLEY, PRADO, and ELROD, Circuit Judges.

PER CURIAM:*

Terry Dwayne Robinson appeals the 120-month sentence he received 

following his guilty plea conviction for aiding and abetting the possession with 

intent to distribute 28 grams or more of cocaine base. In his sole argument, he 

asserts that his sentence was substantively unreasonable in light of the 

Attorney General’s institution of a new policy shortly after the date of his 

sentencing; this policy advises prosecutors not to allege facts triggering a 

* 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

May 2, 2014

Lyle W. Cayce

Clerk

 

 Case: 13-50681 Document: 00512616934 Page: 1 Date Filed: 05/02/2014
No. 13-50681

mandatory minimum sentence in drug cases unless there exist aggravating

circumstances. Because Robinson was sentenced before the date of the 

Attorney General’s memorandum, he is not entitled to relief under it. See

United States v. Barnes, 730 F.3d 456, 459-60 (5th Cir. 2013). Moreover, the 

policy specifically provides that it does not intend to confer any rights or 

benefits in any proceeding. Id. As a result, Robinson is unable to show that 

the district court committed a clear or obvious error in its imposition of a 

within-guidelines sentence. See Puckett v. United States, 556 U.S. 129, 135 

(5th Cir. 2009). The judgment of the district court is therefore AFFIRMED.

2

 Case: 13-50681 Document: 00512616934 Page: 2 Date Filed: 05/02/2014