alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SERVED AUGUST 9, 2011 

•VPARTMENTO F 

TRANSPORTATION 

-•OCKET OPERATIONS 

ZO!l M;G iO A 'i: 3 2 

u s DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

SKY KING, INC. 

FAA DOCKET No. CP10NM0014 

(Civil Penalty Action) 

DMS rAA-2()IO-l2]6 

ORDER OF DISMISSAL 

On December 10, 2010, the Federal AyiaLioii Administration ("Complainant") 

filed a Complaint. Respondent Sky King, Inc. ("Respondent") had on November 30, 

2010 filed a Request for Hearing. 

On August 2,201 

settlement of the matter. 

, Respondent withdrew its Reqnest for Hearing, citing 

I4C.F.R. § 13.215 states; "At any time before or during a hearing, an agency 

attorney may withdraw a complaint or party may withdraw a request for a hearing 

without the consent of the administrative law judge. If an agency attorney 

withdraws the complaint or a party withdraws the request for a hearing and the 

answer, the administrative law judge shall dismiss the proceedings under this 

subpart with prejudice." 

, WHEREFORE, the within filed Withdrawalof Request for Hearing having been 

read and considered, it is ORDERED as follows: 
2 

1. Respondent's Withdrawal ofRcquesl for Hearing is hereby granted; and 

2. This proceeding be and is hereby dismissed wi(h prejudice. 

SO ORDERED. 

Richard C. Goodwin 

Administrative Law Judge 

Attachment - Service List 
FAA Docket No CP10NM0014 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2WIOOO' 

ONE COPY 

Gregg P. Lukenbil, Agent for Service 

ATTN: Stephen A. Badger, X-T Flight Operations 

and Director of Safety and Security 

Sky King, Inc. 

3600 Power Inn Road, Suite H 

Sacramento, CA 95826 

TEL: 916-454-2400 

FAX: 916-737-8960 

Lisa J. Toscano, Comp/ainant 's Conti.se/ 

Attorney, Office of the Regional Counsel 

Western-Pacific Region, AWP-7 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009-2007 

TEL: 310-725-7110 

FAX: 310-725-6816 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room EI2-320 

Wasjiington, DC 20590 

'TEL'^~202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

202-366-7536 Fax 

' Service was by U.S. Mail. For service in person or by expedited courier, use llie following address: Federal 

Aviation Adininislralion, 800 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washingion, 

DC 20591: Attention: Hearing Docket Clerk. AGC-430.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 21
- 1018

ANDY CARL KUM , Petitioner ,

v. MERRICK B. GARLAND, Attorney General , Respondent

.

On Petition for Review of an Order of the Board of Immigration Appeals.

Submitted : December 21, 2021 Decided: December 22, 2021

Before KING and QUATTLEBAUM , Circuit Judges , and TRAXLER, Senior Circuit Judge

.
Petition denied by un published per curiam opinion

. William Payne, PAYNE & ASSOCIATES, Washington, D.C., for Petitioner. Brian B. Boynton, Acting Assistant Attorney General, Anthony D. Nicastro, Assistant Director, Timothy Bo Stanton, Trial Attorney, O ffice of Immigration Litigation, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Andy Carl Kum, who claims to be a native and citizen of Cameroon, petitions for review of an o rder of the Board of Immigration Appeals denying Kum’s third motion to reopen his removal proceedings as time

- and number

- barred

. Upon review, Kum’s brief in this court fails to raise any arguments that respond to, or meaningfully challenge, the Board’s r ationale for denying his motion. See Fed. R. App. P. 28(a)(8)(A) (“[T]he argument . . . must contain . . . appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.”). It is well established that “[f]ailure to comply with the specific dictates of [Rule 28] with respect to a particular claim triggers abandonment of that claim on appeal.” Edwards v. City of Goldsboro , 178 F.3d 231, 241 n.6 (4th Cir. 1999)

. Accordingly, we agr ee with the Attorney General that Kum has waived appellate review of the Board’s order, see Suarez

Valenzuela v. Holder , 714 F.3d 241, 248

- 49 (4th Cir. 2013) (noting issues not raised in appellate brief are waived) , and thus we deny the petition for review

. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED
###### Editorial Note on Part 157

#### Editorial Note:

Nomenclature changes to part 157 appear by USCG-2008-0179, 73 FR 35015, June 19, 2008.

#### § 157.206 Dedicated Clean Ballast Tanks Operations Manual for U.S. tank vessels: Submission.

The owner or operator of a U.S. tank vessel meeting § 157.10a(b), § 157.10a(c)(2), § 157.10b(a)(2), or § 157.10c(c)(2) must submit two copies of a manual that meets § 157.224 to the Officer in Charge, Marine Inspection, of the zone in which the dedicated clean ballast tank system is installed or to the appropriate Coast Guard field technical office listed in § 157.200(b).

(Reporting and Recordkeeping requirements approved by the Office of Management and Budget under control number 1625-0036)

[CGD 82-28, 50 FR 11629, 11630, Mar. 22, 1985, as amended by USCG-2006-25150, 71 FR 39210, July 12, 2006]
§ 127.1605 Other sources of ignition. Each operator of a waterfront facility handling LHG must ensure that in the marine transfer area for LHG— ( a ) There are no open fires or open flame lamps;
( b ) Heating equipment will not ignite combustible material;
( c ) Each chimney and appliance has a spark arrestor if it uses solid fuel or is located where sparks may ignite combustible material; and
( d ) All rubbish, debris, and waste go into appropriate receptacles.
[CGD 88-049, 60 FR 39796, Aug. 3, 1995, as amended by CGD 97-023, 62 FR 33363, June 19, 1997; USCG-2019-0444, 87 FR 5692, Feb. 2, 2022]
Emergency Preparedness for the Aging 

Services Network

Older Adults are disproportionately affected by disasters. Community-based 

organizations (CBOs) that serve older adults can play a role in improving this 

statistic. This document highlights steps and resources to enhance CBO emergency 

preparedness so that they will be better situated to assist their older adult clients.

Continuity of Operations

A CBO will only be able to assist older adults in emergency situations if it has an 

emergency plan in place. FEMA has some resources to consider:

• Continuity Resource Toolkit

• Continuity Training Program

• Continuity Resources and Technical Assistance

It is important to have a Continuity of Operations Plan (COOP) in place and to review 

and update it from time to time. CBOs cannot wait until they’re in the midst of an 

emergency to start developing a COOP.

Community Resilience 

The extent of a community’s ability to quickly respond to and recover from a disaster 

or emergency will profoundly affect its ability to save lives and minimize damage. A 

community’s response can be better when its members partner together in planning 

for, responding to, and recovering from emergencies.

A CBO may want to create its own partner network. The Capacity-Building Toolkit for 

including Aging & Disability Networks in Emergency Planning, developed by the U.S. 

Department of Health and Human Services, Administration for Strategic 

Preparedness and Response, and others, contains tips for developing partnerships. 
Alternatively, a CBO may want to join an existing partner network. Below are some 

examples of networks with local chapters; click on the links for more information and 

to find the nearest chapter:

• Voluntary Organizations Active in Disaster

• Medical Reserve Corps

• Community Emergency Response Teams (CERTs)

Client Preparedness

As events over the last several years have shown, disasters, whether man-made or 

natural, can happen anywhere. Older adults may have lived in a particular area for 

decades without experiencing an emergency and may fail to appreciate the risks 

they face. Older adults and their caregivers also need to understand that first 

responders may be delayed in reaching them and that they need to be prepared 

and adhere to local officials’ warnings. 

Here are resources that can assist CBOs in helping older adults and their loved ones 

prepare for emergencies:

• Guide to Expanding Mitigation — Making the Connection to Older Adults (FEMA 

& AARP)

• Preparing Makes Sense for Older Americans. Get Ready Now. (FEMA)

• Emergency Preparedness for Older Adults (CDC)

• Disaster Preparedness and Recovery for Older Adults (NIA/NIH)

• Emergency Preparedness Toolkit for People Living with Dementia (NADRC)
Exhibit 32(b)


CERTIFICATION PURSUANT TO


18 U.S.C. 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Alabama Gas Corporation (the “Registrant”) on Form 10-Q for the period ended June 30, 2011 , as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned hereby certifies with respect to the registrant, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to his knowledge, the Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated as of August 1, 2011





By/s/ J. T. McManus, IIJ. T. McManus, IIChairman and Chief ExecutiveOfficer of Alabama GasCorporationBy/s/ Charles W. Porter, Jr.Charles W. Porter, Jr.Vice President, Chief FinancialOfficer and Treasurer of AlabamaGas Corporation





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Alabama Gas Corporation and will be retained by Alabama Gas Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06-07-00147-CV

______________________________

IN THE MATTER OF THE MARRIAGE OF

CHARLIE F. MCADAMS AND LESA MCDOWELL MCADAMS

 

On Appeal from the 402nd Judicial District Court

Wood County, Texas

Trial Court No. 2006-778

 

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley
2

MEMORANDUM OPINION

Lesa McDowell McAdams, appellant, has filed with this Court a motion to dismiss her

appeal pursuant to Rule 42.1(a) of the Texas Rules of Appellate Procedure. See TEX. R. APP. P.

42.1(a). The motion is signed by the appellant.

We grant the appellant's motion and dismiss the appeal. 

Bailey C. Moseley

Justice

Date Submitted: June 2, 2008

Date Decided: June 3, 2008
E X H I B I T   10.29


Letter Agreement Re: Binding Effect of Letter of
Intent Re: Acquisition of General Vision Services, Inc.
-------------------------------------------------------

ACTION INDUSTRIES, INC.

February 27, 1997

General Vision Services, Inc.
330 West 42nd Street
New York, NY 10036
Attention: William J. Rappaport, Chairman

Re: Binding Effect of Letter of Intent
    ----------------------------------

Dear Mr. Rappaport:

Reference is made to the Letter of Intent of even date herewith
between Action Industries, Inc. and General Vision Services, Inc.
(the "Letter of Intent").  It is our understanding that
Paragraphs 1 through 4 of the Letter of Intent are not binding
on, and create no rights in favor of, either party thereto. 
Notwithstanding the foregoing, the parties agree to negotiate in
good faith to reach a binding agreement upon substantially the
terms set forth in Paragraphs 1 through 4 of the Letter of Intent
on or prior to April 15, 1997.  Paragraphs 5 through 7 of the
Letter of Intent constitute a binding agreement between the
parties and the parties intend to be legally bound thereby.

If you are in agreement with the foregoing, please execute the
enclosed copy of this letter and return it to the undersigned at
your earliest convenience.


ACTION INDUSTRIES, INC.

By: /s/ T. Ronald Casper
    -------------------------------
        T. Ronald Casper, President

ACCEPTED AND AGREED TO:

GENERAL VISION SERVICES, INC.

By: /s/ William J. Rappaport
    -------------------------------       
Title:     CEO
    -------------------------------
§ 137.1 Purpose and applicability. ( a ) In general under the Oil Pollution Act of 1990 (33 U.S.C. 2701, *et seq.*), an owner or operator of a facility (as defined in § 137.10) that is the source of a discharge, or a substantial threat of discharge, of oil into the navigable waters or adjoining shorelines or the exclusive economic zone is liable for damages and removal costs resulting from the discharge or threat. However, if that person can demonstrate, among other criteria not addressed in this part, that they did not know and had no reason to know at the time of their acquisition of the real property on which the facility is located that oil was located on, in, or at the facility, the person may be eligible for the innocent landowner defense to liability under 33 U.S.C. 2703(d)(4). One element of the defense is that the person made all appropriate inquiries into the nature of the real property on which the facility is located before acquiring it. The purpose of this part is to prescribe standards and practices for making those inquiries.
( b ) Under 33 U.S.C. 2703(d)(4)(E), this part does not apply to real property purchased by a non-governmental entity or non-commercial entity for residential use or other similar uses where a property inspection and a title search reveal no basis for further investigation. In those cases, the property inspection and title search satisfy the requirements of this part.
( c ) This part does not affect the existing OPA 90 liability protections for State and local governments that acquire a property involuntarily in their functions as sovereigns under 33 U.S.C. 2703(d)(2)(B). Involuntary acquisition of properties by State and local governments fall under the provisions of 33 U.S.C. 2703(d)(2)(B), not under the all-appropriate-inquiries provision of 33 U.S.C. 2703(d)(4) and this part.
<PAGE>



                                                                    EXHIBIT 32.2


                         AERO SYSTEMS ENGINEERING, INC.


                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 this Quarterly Report on Form 10-Q of Aero Systems
Engineering, Inc. (the "Company") for the period ended June 30, 2003, I, Steven
R. Hedberg, Chief Financial Officer, Secretary and Treasurer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:

3.   This Report fully complies with the requirements of section 13(a) or 15(d)
     of the Securities Exchange Act of 1934; and

4.   The information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of the Company.


Dated: August 7, 2003            /s/ Steven R. Hedberg
                                 ----------------------------------------------
                                 Steven R. Hedberg, CFO, Secretary & Treasurer
                                 Aero Systems Engineering, Inc.
Exhibit 23.1

              INDEPENDENT AUDITOR'S CONSENT AND REPORT ON SCHEDULE

To the Board of Directors and Stockholders
DigitalThink, Inc.

     We consent to the incorporation by reference in DigitalThink, Inc. and
subsidiaries Registration Statement Nos. 333-43284, 333-56770, 333-68384 and
333-86732 on Form S-8, and Registration Statement Nos. 333-59434 and 333-73110
on Form S-3 of our report dated April 23, 2002 appearing in this Annual Report
on Form 10-K of the Company for the year ended March 31, 2002.

     Our audits of the financial statements referred to in our aforementioned
report also included the financial statement schedule of the Company, listed in
Item 14(a)(2). This financial statement schedule is the responsibility of the
Company's management. Our responsibility is to express an opinion based on our
audits. In our opinion, such financial statement schedule, when considered in
relation to the basic financial statements taken as a whole, presents fairly in
all material respects the information set forth therein.

/s/ DELOITTE & TOUCHE LLP

San Jose, California
June 4, 2002

                                       62
ADR LUNCHTIME SERIES PRESENTATION

Crisis Negotiation: Apply the Skills Used By Law Enforcement 

In Your Conflict Resolution Practice

Law enforcement, crisis/hostage negotiators, and other police personnel use highly

effective communication and de-escalation techniques to help calm people in

situations that are tending toward violence and harm. In the conflict resolution field

parties can become very emotional and anger can quickly get out of control. During

this presentation, participants will learn and practice specific skills that can easily be

incorporated into one’s conflict management practice. Jeff Thompson, law

enforcement negotiator and researcher, will discuss how crisis negotiators have deescalated tense situations, demonstrated empathy, built rapport and trust, and

successfully influenced others. Better understanding how to defuse highly emotional

situations will help the participants become more sophisticated conflict resolution

practitioners.

Speaker: Jeff Thompson, PhD

Mediator, Conflict Resolution & Crisis Communication Specialist

Presented by the Interagency ADR Working Group, Workplace Conflict 

Management Section in coordination with the Department of Energy’s Office of 

Conflict Prevention and Resolution

Date: Tuesday, May 17, 2016

Time: Noon - 1:30 pm EST (Please allow extra time for security procedures)

Location: U.S. Department of Energy

1000 Independence Ave, SW, Room GE-086

(DOE Forrestal Main Auditorium)

Washington, D.C. 20585

Travel by Metro: Green and Yellow Line - L'Enfant Plaza station (exit to 

Maryland Avenue) OR Orange and Blue Line - Smithsonian station (exit to 

Holocaust Museum/Bureau of Engraving and Printing).

If you plan to attend in person and you need any special accommodations, or if you plan to attend this 

training online and you need any special accommodations, please contact cindy.mazur@fema.dhs.gov

no later than May 2, 2016. 

To attend in person, everyone, including federal employees with an HSPD-12 government ID badge, 

must register by email to cindy.mazur@fema.dhs.gov and provide name, citizenship, and 

agency/employer by May 10, 2016. You do not need to register to call-in or participate online. 

To join the online event and follow the presentation in real time go to: 

https://usdoe.webex.com/usdoe/onstage/g.php?MTID=edc74a44ba6279c35cc21af1d01dc846a then click 

"Join Now" and enter Event Password Adr1234 (it’s case sensitive). Then enter your name and email 

address and click “Join Now.” Follow the instructions to join the audio portion. To listen only via 

teleconference, please call 1-650-479-3208 and use access code: 999 398 464. Please disregard the 

prompt for an Attendee ID by pressing # sign. To submit questions to the speaker during the program, 

please use online chat or email victor.voloshin@eeoc.gov. Materials for this presentation will be posted 

at http://www.adr.gov/events.html several days before the program.
**Exhibit 32(a)**

 

 

**CERTIFICATION**

**18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO SECTION 906 OF THE**

**SARBANES-OXLEY ACT OF 2002**

 

In connection with the accompanying Quarterly Report on Form 10-Q of The Southern Company for the quarter ended June 30, 2008, we, the undersigned, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of our individual knowledge and belief, that:

 

| (1)    | such Quarterly Report on Form 10-Q of The Southern Company for the quarter ended June 30, 2008, which this statement accompanies, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and       |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                               |
| (2)    | the information contained in such Quarterly Report on Form 10-Q of The Southern Company for the quarter ended June 30, 2008, fairly presents, in all material respects, the financial condition and results of operations of The Southern Company. |

 

 

 

|   | /s/David M. Ratcliffe

David M. Ratcliffe

Chairman, President and

Chief Executive Officer

 

 

 

  |
|--------|-----------------------------------------------------------------------------------------------------------------------------|
|   | /s/W. Paul Bowers

W. Paul Bowers

Executive Vice President and

Chief Financial Officer

                             |

 

 

Date:  August 6, 2008