alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 40080 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
ROBERTO PEREZ

- RUANO , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:15

- CR

- 212

- 1

Before HIGGINBOTHAM, JONES, and HIGGINSON, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Roberto Perez

Ruano has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Perez

- Ruano h a s not filed a resp onse. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED October 18 , 2016

Lyle W. Cayce Clerk Case: 16-40080 Document: 00513721948 Page: 1 Date Filed: 10/18/2016No. 16

- 40080

2 issue for appellate review. Accordingly, counsel’s motion for leave to withdra w is GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-40080 Document: 00513721948 Page: 2 Date Filed: 10/18/2016
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
financial statements for the nine months ended September 30, 1999
and is qualified in its entirety by reference to such financial
statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                           9,098
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 9,098
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   9,098
<CURRENT-LIABILITIES>                              830
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,039
<OTHER-SE>                                       7,229
<TOTAL-LIABILITY-AND-EQUITY>                     9,098
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                11,970
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (11,970)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (11,970)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                      (1,000)
<NET-INCOME>                                  (12,970)
<EPS-BASIC>                                      (.01)
<EPS-DILUTED>                                    (.01)


</TABLE>
§ 118.65 Lights on fixed bridges. ( a ) Each fixed bridge span over a navigable channel shall be lighted so that the center of the navigable channel under each span will be marked by a range of two green lights, and each margin of each navigable channel will be marked by a red light: *Provided,* That when a margin of a channel is limited by a pier, only those lights prescribed in paragraph (b) of this section shall be required to mark such channel margin. The green lights shall each show through a horizontal arc of 360°; they shall be securely mounted just below the outermost edge of the bridge span structure so as to be visible from an approaching vessel. Each red light shall show through a horizontal arc of 180°, and shall be securely mounted just below the outermost edge of the bridge span structure to show 90° on either side of a line parallel to the axis of the channel so as to be visible from an approaching vessel. Note:
Until such time that major repairs to or replacements of existing fixed span navigation lights colored green are made, it is permitted that only one of these lights marking the centerline of the same channel under a span shall be visible to an approaching vessel. When major repairs to or replacement of such existing green lights are made they shall conform with this paragraph.
( b ) *Pier lights.* When the navigable channel extends from pier to pier or when piers are located within the navigable channel, each end of such piers shall be lighted with a red light. Each such light shall show through a horizontal arc of 180°, and shall be securely fastened at the end of the pier as low as practicable but not lower than 2 feet above navigable high water to show 90° on either side of a line parallel to the axis of the channel so as to be visible from an approaching vessel.
( c ) *Main channel.* When necessary, the District Commander may prescribe that fixed bridges having two or more spans over a navigable channel shall have the main channel span marked with a set of three white lights arranged in a vertical line directly above each green light on the main channel span. Each white light shall show through a horizontal arc of 180°, and shall be mounted so that 1 ⁄ 2 of the horizontal arc will show on either side of a line parallel to the axis of the channel. These three white lights shall be securely mounted on the bridge structure and spaced as nearly 15 feet apart as the structure of the bridge will permit, with a minimum spacing of 7 feet. The lowest white light in the line of three lights shall be placed not less than 10 nor more than 15 feet above each green light on the main channel span.
Note:
Until such time that major repairs to or replacements of existing main channel lights showing white are made, it is permitted that these lights show through a horizontal arc of not less than 60° nor more than 180° with
1 ⁄ 2 of such arc showing either side of a line parallel to the axis of the main channel. When major repairs or replacement of such existing white lights are made, they shall conform with this paragraph.
[40 FR 24898, June 11, 1975, as amended by CGD 75-046a, 42 FR 56954, Oct. 31, 1977]
#### § 778.400 The provisions of section 7(g)(3) of the Act.

Section 7(g)(3) of the Act provides the following exception from the provisions of section 7(a):

(g) No employer shall be deemed to have violated subsection (a) by employing any employee for a workweek in excess of the maximum workweek applicable to such employee under such subsection if, pursuant to an agreement or understanding arrived at between the employer and the employee before performance of the work, the amount paid to the employee for the number of hours worked by him in such workweek in excess of the maximum workweek applicable to such employee under such subsection:

---

(3) is computed at a rate not less than one and one-half times the rate established by such agreement or understanding as the basic rate to be used in computing overtime compensation thereunder: *Provided,* That the rate so established shall be authorized by regulation by the Secretary of Labor as being substantially equivalent to the average hourly earnings of the employee, exclusive of overtime premiums, in the particular work over a representative period of time; and if (1) the employee's average hourly earnings for the workweek exclusive of payments described in paragraphs (1) through (7) of subsection (e) are not less than the minimum hourly rate required by applicable law, and (ii) extra overtime compensation is properly computed and paid on other forms of additional pay required to be included in computing the regular rate.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

MARK CHADRELLE SCOTT,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 311 MAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 17th day of September, 2018, the Petition for Allowance of Appeal

is DENIED.
## QuickLinks

## 

Exhibit 23-c

CONSENT OF ERNST & YOUNG

We
consent to the incorporation by reference in ADC Telecommunications, Inc.'s previously filed Registration Statement Nos. 33-40356, 33-40356, 33-40357, 33-52635, 33-52637, 33-58407,
33-58409, 33-59445, 333-02133, 333-04481, 333-07309, 333-15283, 333-25241, 333-25569, 333-25623, 333-32023, 333-37419, 333-37619, 333-66169, 333-80943, 333-80945 and 333-88669 and in the related
Prospectuses of our report dated January 22, 1998 (except for Comprehensive Income as to which the date is March 12, 1999) with respect to the consolidated financial statements of
Saville Systems PLC for the year ended December 31, 1997 included in this Annual Report (Form 10-K) of ADC Telecommunications, Inc. for the year ended October 31,
1999.

Ernst &
Young Chartered Accountants
Galway, Ireland
December 30, 1999



## QuickLinks

CONSENT OF ERNST & YOUNG
Certified Productions Inc.

Operation Guidelines and Protocols

Contents

Safety

• We will not operate UAS in a manner that presents undue risk to persons or property 

on the surface or to manned aircraft in flight or on the ground.

• We will ensure UAS will be piloted by individuals who are properly trained and 

competent to operate the vehicle or its systems. We will also insure that all pilots are 

qualified licensed airmen with the FAA and know and understand aeronautical charts.

• All outdoor flights will be conducted with a spotter

• We will ensure UAS flights will be conducted only after a thorough assessment of risks 

associated with the activity. This risks assessment will include, but is not limited to:

• Weather conditions relative to the performance capability of the system

• Identification of normally anticipated failure modes (lost link, power plant failures, loss of 

control, etc) and consequences of the failures

• Crew fitness for flight operations

• Overlying airspace, compliance with aviation regulations as appropriate to the operation, 

and off-nominal procedures

• Communication, command, control, and payload frequency spectrum requirements

• Reliability, performance, and airworthiness to established standards

• Conduct safety meeting with all production crew members and cast involved with the 

flight of the day.

Professionalism

• We will comply with all federal, state, and local laws, ordinances, covenants, and 

restrictions as they relate to UAS operations.

• We will operate our systems as responsible members of the aviation community.

• We will be responsive to the needs of the public.

• We will cooperate fully with federal, state, and local authorities in response to 

emergency deployments, mishap investigations, and media relations.

• We will establish contingency plans for all anticipated off-nominal events and share them 

openly with all appropriate authorities.

Respect

• We will respect the rights of other users of the airspace.

• We will respect the privacy of individuals.

• We will respect the concerns of the public as they relate to unmanned aircraft 

operations.

• We will support improving public awareness and education on the operation of UAS.
###### Editorial Note on Part 117

#### Editorial Note:

Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

#### § 117.758 Tuckahoe River.

The draw of the State highway bridge, mile 8.0 at Tuckahoe, shall open on signal if at least 24 hours notice is given.

[CGD82-025, 49 FR 17452, Apr. 24, 1984. Redesignated by CGD05-06-045, 71 FR 59383, Oct. 10, 2006]
§ 801.41 Representation of the Secretary. ( a ) Except as provided in section 518(a) of title 28, U.S. Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under section 6 of the Act, as described in § 801.40 of this part.
( b ) The Solicitor of Labor, through authorized representatives, shall represent the Administrator in all administrative hearings under the provisions of section 6 of the Act and this part.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

# DATES:

Written comments should be received on or before July 3, 2000, to be assured of consideration. 

## Departmental Offices/Office of International Investment 

*OMB Number:*                     1505-0121.                 

*Form Number:*                     None.                 

*Type of Review:*                     Extension.                 

*Title:*                     Regulations Pertaining to Mergers, Acquisitions and Takeovers by Foreign Persons.                 

*Description:*                     Treasury disseminates to other agencies that are members of the Committee on Foreign Investment in the United States (CFIUS) information collected under the regulations from parties involved in a foreign acquisition of a U.S. company in order to do a national security analysis of the acquisition.                 

*Respondents:*                     Business or other for-profit.                 

*Estimated Number of Respondents:*                     100.                 

*Estimated Burden Hours Per Respondent:*                     60 hours.                 

*Frequency of Response:*                     On occasion.                 

*Estimated Total Reporting Burden:*                     6,000 hours.                 

*Clearance Officer:*                     Lois K. Holland, (202) 622-1563, Departmental Offices, Room 2110, 1425 New York Avenue, N.W., Washington, DC 20220.                 

*OMB Reviewer:*                     Alexander T. Hunt, (202) 395-7860, Office of Management and Budget, Room 10202, New Executive Office Building, Washington, DC 20503.                 

Lois K. Holland, 

Departmental Reports Management Officer. 

[FR Doc. 00-13877 Filed 6-1-00; 8:45 am] 

BILLING CODE 4810-25-U
§ 127.1313 Storage of hazardous materials. ( a ) Each operator of a waterfront facility handling LHG must ensure that no materials listed in the table of hazardous materials under 49 CFR 172.101, except for the following, are stored in the marine transfer area for LHG: ( 1 ) The LHG being transferred.
( 2 ) Fuel required by the vessel, or by emergency equipment in the area.
( 3 ) Oily wastes received from vessels.
( 4 ) Solvents, lubricants, paints and similar materials in the amount required for one day's operations and maintenance.
( b ) The operator must ensure that flammable liquids not stored in bulk are stored in accordance with NFPA 30 (incorporated by reference, see § 127.003).
[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by USCG-2019-0444, 87 FR 5691, Feb. 2, 2022]
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

BRANDON TREMAYNE PIERCE,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 436 MAL 2019

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 24th day of December, 2019

, the Petition for Allowance of Appeal

is DENIED

.
Editorial Note on Part 117
Editorial Note: Nomenclature changes to part 117 appear by USCG-1998-3799, 63 FR 35529, June 30, 1998.

§ 117.1047 Hoquiam River. ( a ) When fog prevails by day or night, the drawtender of each bridge listed in this section, after giving the acknowledging signal to open, shall toll a bell continuously during the approach and passage of vessels.
( b ) The draw of the Puget Sound and Pacific railroad bridge, mile 0.3 at Hoquiam, shall be maintained in the fully open position except for the passage of trains or for maintenance. When the draw of the bridge is closed and the visibility at the drawtender's station is less than one mile up or down the channel, the drawtender shall sound two long blasts every minute. When the draw is reopened, the drawtender shall sound one long blast followed by one short blast.
( c ) The draw of the Simpson Avenue Bridge, mile 0.5, at Hoquiam, shall open on signal if at least one hour notice is given by telephone to the Washington State Department of Transportation. The opening signal is two prolonged blasts followed by one short blast.
( d ) The draw of the Riverside Avenue Bridge, mile 0.9, at Hoquiam, shall open on signal if at least one hour notice is given by telephone to the Washington State Department of Transportation. The opening signal is two prolonged blasts followed by two short blasts.
[CGD 82-025, 49 FR 17452, Apr. 24, 1984, as amended by CGD13 84-11, 49 FR 46548, Nov. 27, 1984; CGD13 85-15, 51 FR 2395, Jan. 16, 1986; CCGD13-93-019, 58 FR 44613, Aug. 24, 1993; USCG-2008-1095, 74 FR 12552, Mar. 25, 2009; USCG-2014-1029, 80 FR 18116, Apr. 3, 2015]
#### WILLIAM COTTER ET AL. *v.*ALLSTATE INSURANCE COMPANY

(AC 18914)

Schaller, Spear and Mihalakos, Js.

Argued February 15

officially released March 14, 2000

Per Curiam.

The claims of the plaintiffs are controlled by *Doyle*v. *Metropolitan Property & Casualty Ins. Co.,*252 Conn. 79, 743 A.2d 156 (1998).

The judgment is affirmed.
AFS-12-006-E October 31, 2011

Exemption No. 10179B Regulatory Docket No. FAA-2010-0947

Mr. Omer ErSelcuk

President/Chief Executive Officer Seaborne Virgin Islands, Inc., d.b.a. Seaborne Airlines 1210 Watergut Christianstead, VI 00820

Dear Mr. ErSelcuk:

This letter is to inform you that we have granted your petition to extend Exemption No. 10179, as amended. It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated October 3, 2011, you petitioned the Federal Aviation Adm inistration (FAA) on behalf of Seaborne Virgin Islands, Inc., d.b.a. Seaborne Airlines (Seaborne Airlines) for an extension of Exemption No. 10179, as amended, to June 30, 2012. That exemption from § 121.173(b)(2) and appendix K, paragraph 5a, of part 121 of Title 14, Code of Federal Regulations allows Seaborne Airlines to continue to operate DHC-6-300 wheel-equipped airplanes after the December 20, 2010, effective date without meeting certain aircraft performance requirements.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested extension of the exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Seaborne Airlines.2

Our Decision

The FAA has determ ined that the justification for the issuance of Exemption No. 10179, as amended, remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I grant your petition.

The Effect of Our Decision

Our decision extends the term ination date of Exemption No. 10179, as amended, to June 30, 2012, unless sooner superseded or rescinded.

Sincerely,

/s/

David C. Gilliom Acting Deputy Director, Flight Standards

Service
[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Notices]
[Pages 35613-35616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13893]



[[Page 35613]]

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

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 00-39]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security Cooperation Agency.

ACTION: Notice.

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

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification. This is published to 
fulfill the requirements of section 155 of Pub. L. 104-164 dated 21 
July 1996.

FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/COMPT/RM, (703) 604-
6575.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 00-39 with attached transmittal and policy 
justification.

    Dated: May 30, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

BILLING CODE 5001-10-M

[[Page 35614]]

[GRAPHIC] [TIFF OMITTED] TN05JN00.021


[[Page 35615]]


[GRAPHIC] [TIFF OMITTED] TN05JN00.022


[[Page 35616]]


[GRAPHIC] [TIFF OMITTED] TN05JN00.023

[FR Doc. 00-13893 Filed 6-2-00; 8:45 am]
BILLING CODE 5001-10-C
§ 825.113 Serious health condition. ( a ) For purposes of FMLA, *serious health condition* entitling an employee to FMLA leave means an illness, injury, impairment or physical or mental condition that involves inpatient care as defined in § 825.114 or continuing treatment by a health care provider as defined in § 825.115.
( b ) The term *incapacity* means inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom.
( c ) The term treatment includes (but is not limited to) examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g., oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
( d ) Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not serious health conditions unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal disease, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all the other conditions of this regulation are met. Mental illness or allergies may be serious health conditions, but only if all the conditions of this section are met.