alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Editorial Note on Part 153
Editorial Note: Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 153.490 Cargo Record Book and Approved Procedures and Arrangements Manual: Categories A, B, C, and D. ( a ) Unless waived under § 153.491, to have a Certificate of Inspection or Certificate of Compliance endorsed to carry NLS cargo, a ship must have— ( 1 ) If U.S., a Cargo Record Book published by the Coast Guard (OMB App. No. 1625-0094), or, if foreign, a Cargo Record Book having the same entries and format as Appendix 4 of Annex II; and
( 2 ) A Procedures and Arrangements Manual meeting paragraph (b) of this section and approved by— ( i ) The Coast Guard, if the ship is a United States ship or one whose Administration is not signatory to MARPOL 73/78; or
( ii ) The Administration, if the ship is one whose Administration is signatory to MARPOL 73/78.
( b ) Each Procedures and Arrangements Manual under paragraph (a)(2) of this section must include the following: ( 1 ) The standard format and content prescribed in Chapter 2 and Appendix D of the IMO *Standards for Procedures and Arrangements for the Discharge of Noxious Liquid Substances,* Resolution MEPC 18(22), 1985, or, for ships for which the only NLS carried is a Category D NLS and ships having a waiver under § 153.483 or § 153.491, the format and content prescribed by the Commandant (CG-ENG).
( 2 ) If the ship has a tank that carries a cargo under a waiver issued under § 153.483, procedures ensuring that— ( i ) Category B and C NLSs are discharged from the tank only in the ports or terminals listed in accordance with § 153.483(b); and
( ii ) The tank is prewashed after discharging each Category B or C NLS unless § 153.1114 allows the prewash to be omitted.
( 3 ) If ventilation is used to clean a tank under § 153.1102(b)(2), ventilation procedures that meet those in Appendix C of the IMO *Standards for Procedures and Arrangements for the Discharge of Noxious Liquid Substances,* Resolution MEPC 18(22), 1985.
( 4 ) If tank cleaning agents are used, quantities to use and instructions for using the cleaning agents.
( 5 ) If the tank has the discharge recording equipment required in § 153.481(b), procedures to ensure that no NLS residue is discharged from the tank when the recording equipment is incapacitated unless the concentration and total quantity limits for the NLS in Annex II are not exceeded.
[CGD 81-101, 52 FR 7781, Mar. 12, 1987, as amended by CGD 81-101, 53 FR 28975, Aug. 1, 1988 and 54 FR 12629, Mar. 28, 1989; USCG-2006-25697, 71 FR 55747, Sept. 25, 2006]
# C_2013245EN.01000801.xml

| 24.8.2013 | EN | Official Journal of the European Union | C 245/8 |
| --- | --- | --- | --- |

24.8.2013

EN

Official Journal of the European Union

C 245/8

---

Judgment of the General Court of 9 July 2013 — Arango Jaramillo and Others v EIB

(Case T-234/11 P-RENV-RX) (1)

1

(Appeal - Civil service - Staff of the EIB - Review of the judgment of the General Court - Action at first instance dismissed as inadmissible - Pensions - Increase in the contribution to the pension scheme - Time-limit for bringing proceedings - Reasonable period)

2013/C 245/10

Language of the case: French

Parties

Parties

Appellants: Oscar Orlando Arango Jaramillo (Luxembourg, Luxembourg) and the 34 other appellants whose names are set out in the annex to the judgment (represented by: B. Cortese and C. Cortese, lawyers)

Appellants:

Other party to the proceedings: European Investment Bank (EIB) (represented by: C. Gómez de la Cruz and T. Gilliams, acting as Agents, and by P.-E. Partsch, lawyer)

Other party to the proceedings:

Re:

Re:

Appeal against the order of the European Union Civil Service Tribunal (First Chamber) of 4 February 2011 in Case F-34/10 Arango Jaramillo and Others v EIB [2011] ECR-SC I-A-1-0000 and II-A-1-0000, seeking to have that order set aside.

Arango Jaramillo and Others

EIB

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the order of the European Union Civil Service Tribunal (First Chamber) of 4 February 2011 in Case F-34/10 Arango Jaramillo and Others v EIB; |
| --- | --- |

1.

Sets aside the order of the European Union Civil Service Tribunal (First Chamber) of 4 February 2011 in Case F-34/10 Arango Jaramillo and Others v EIB;

| 2. | Refers the case back to the Civil Service Tribunal; |
| --- | --- |

2.

Refers the case back to the Civil Service Tribunal;

| 3. | Reserves the costs. |
| --- | --- |

3.

Reserves the costs.

---

(1)  OJ C 211, 16.7.2011.

1

---
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 03-7753

THOMAS LATTIE MCLAMB, Plaintiff - Appellant, versus W. F. DALIUS, Warden; KATHLEEN HAWK-SAWYER, Director; J. FRANK BRADSHER, Defendants - Appellees. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, Chief District Judge. (CA-03-662-5-BO) Submitted: January 29, 2004 Decided: February 9, 2004 Before WILKINSON, MICHAEL, and KING, Circuit Judges. Affirmed by unpublished per curiam opinion. Thomas Lattie McLamb, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics , 403 U.S. 388 (1971). - 2 - PER CURIAM: Thomas Lattie McLamb appeals the district court’s order and order on reconsideration denying his Bivens * claim. We have reviewed the record and find no reversible error. Accordingly, we grant leave to proceed in forma pauperis and affirm on the reasoning of the district court. SeeMcLamb v. Dalius , No. CA-03- 662-5-BO (E.D.N.C. Sept. 8 & Oct. 7, 2003). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
March 26, 2013

MEMORANDUM

SUBJECT: Meeting Notes for the March 19, 2013 Conference Call with Alstom

FROM: John Bradfield (EPA/OAR/OAQPS/SPPD/NRG)

TO: Docket EPA-HQ-OAR-2012-0640

This memorandum summarizes the conference call between Alstom and the U.S. Environmental 

Protection Agency (EPA) on March 26, 2013. The purpose of the meeting was to discuss electrostatic 

precipitator (ESP) operation and parametric monitoring. 

Meeting Attendees:

Mikael Arningsmark – Alstom

Steve Francis – Alstom

Paulo Oliveira – Alstom

Paul Yosick – Alstom

John Bradfield – EPA/SPPD

Discussion Points:

Electrostatic precipitator operation and parametric monitoring were discussed. It was noted that the 

measurement of secondary power input from the transformer/rectifier set (T/R) into the operating ESP 

provides the best feedback regarding the operating efficiency of the unit during times when the opacity 

meter malfunctions. It was also noted that the voltage measurement varies greatly with fuels and flue gas 

constitutes, therefore it is not a reliable stand-alone measurement. Opacity monitoring was suggested as 

the best method for monitoring the emissions from an ESP.
# United States Court of Appeals **For the Eighth Circuit**

___________________________ No. 14-2028

___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee

v. William D. Marshall, also known as B.G. lllllllllllllllllllll Defendant - Appellant

____________ Appeal from United States District Court for the Eastern District of Arkansas - Little Rock

____________ Submitted: January 12, 2015 Filed: March 17, 2015 [Unpublished]

____________ Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

____________ PER CURIAM. William D. Marshall pled guilty to distribu ting cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B). He app eals as unreasonable the district court’s 1

1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas.within-Guidelines sentence of 140 months’ imprisonment. Having jurisdiction under 28 U.S.C. § 1291, this court affirms. Marshall does not challengethe Guidelines range of 140 to 175 months. He claims his unfortunate childhood warrants a downward variance. This court reviews a sentence’s reasonableness under a “deferen tial abuse-of-discretion” standard. Gall v. United States , 552 U.S. 38, 41 (2007). A district court “abuses its discretion when it (1) fails to consider a relevant factor that should have received significant weight; (2) gives significant weight to an improper or irrelevant factor; or (3) considers only the appropriate factors but in weighing those factors commits a clear error of judgment.” United States v. Feemster , 572 F.3d 455, 461 (8th Ci r. 2009) (en banc). This court reverses a district court’s sentence as substantively unreasonable—“whether within, above, orbelow the applicable Guidelines range”—only in the “unusual case.” Id. at 464 (internal quotation marks omitted). See United States v. Shirley , 720 F.3d 659, 665 (8th Cir. 2013) (“[A] sentence within the guidelines is presumptively reasonable on appeal.”). Declining to vary downward, the distri ct court expressly considered the 18 U.S.C. § 3553(a) factors. The court not ed Marshall’s “unfortunate childhood” but found it did not warrant a variance in light of his “very serious criminal history,” his irresponsible behavior during supervision (including failing to attend drug tests and lying to the court), his failed rehab ilitation in community programs, and the seriousness of selling cocaine. It was within the court’s “wide discretion” and “substantial latitude” to determine the weight of these factors. See United States v. Salazar-Aleman , 741 F.3d 878, 881 (8th Cir. 2013). Marshall relies on United States v. Stokes , but does not point to any pr ocedural errors on appeal. See United States v. Stokes , 750 F.3d 767, 772 (8th Cir. 2014) (reversing sentence due to procedural error when district court relied on government statement that had no factual support). The

-2-district court did not abuse its discre tion in sentencing Marshall to 140 months’ imprisonment. The judgment is affirmed.

______________________________

-3-
Exhibit 32.2



SECTION 906 CERTIFICATION OF CHIEF FINANCIAL OFFICER



Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C.  1350),

the undersigned, Pauline Schneider, Chief Financial Officer of House of Taylor Jewelry, Inc.  (the "Company") has executed this certification in connection with the  filing  with  the  Securities  and  Exchange  Commission  of the  Company's Quarterly Report on Form 10-QSB for the quarter ended March 31, 2006 (the "Report").



The undersigned certifies that:  (1) the Report 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 the Report fairly presents, in all material

respects, the financial condition and results of operation of the Company.



IN WITNESS WHEREOF, the undersigned has executed this certification as of

the 22nd day of May 2006.







ONSTREAM MEDIA CORPORATION



/s/ Pauline Schneider

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

Name: Pauline Schneider

Title: Chief Financial Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2053 Referred in Senate (RFS)]

111th CONGRESS
  1st Session
                                H. R. 2053

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 10, 2009

 Received; read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT

 
   To designate the United States courthouse located at 525 Magoffin 
   Avenue in El Paso, Texas, as the ``Albert Armendariz, Sr., United 
                          States Courthouse''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The United States courthouse located at 525 Magoffin Avenue in El 
Paso, Texas, shall be known and designated as the ``Albert Armendariz, 
Sr., United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the United States courthouse referred to 
in section 1 shall be deemed to be a reference to the ``Albert 
Armendariz, Sr., United States Courthouse''.

            Passed the House of Representatives September 9, 2009.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             APR-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          14,974
<SECURITIES>                                       482
<RECEIVABLES>                                    7,436
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                25,467
<PP&E>                                          14,429
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  96,786
<CURRENT-LIABILITIES>                           37,029
<BONDS>                                            104
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          5
<COMMON>                                            21
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    58,046
<SALES>                                              0
<TOTAL-REVENUES>                                 8,453
<CGS>                                           10,135
<TOTAL-COSTS>                                   12,291
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                (13,654)
<INCOME-TAX>                                    (5,302)
<INCOME-CONTINUING>                            (10,294)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    (8,249)
<EPS-BASIC>                                      (0.44)
<EPS-DILUTED>                                        0


</TABLE>
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

ERIN S. LEMKE, 

 Plaintiff, Case No. 14-cv-14449 

v. Honorable Thomas L. Ludington 

 Magistrate Judge Patricia T. Morris 

BARCLAYS BANK DELAWARE, 

 Defendant. 

__________________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION, GRANTING MOTION TO 

DISMISS, AND DISMISSING PLAINTIFF’S COMPLAINT 

 On October 17, 2014, Plaintiff Erin Lemke filed a pro se Complaint in the 75th Judicial 

District Small Claims Court of Michigan against Defendant Barclays Bank Delaware. The case 

was removed to this Court on November 21, 2014. She alleges that Defendant violated the Fair 

Debt Collection Act on two separate occasions, resulting in her debt being invalidated. 

Defendant filed a Motion to Dismiss Lemke’s Complaint, asserting that she cannot state a claim 

under the FDCPA because Defendant is not a “debt collector” under the act 

On March 31, 2015, Magistrate Judge Patricia T. Morris issued a report recommending 

that Defendant’s motion be granted and Lemke’s Complaint be dismissed because Defendant is 

not a “debt collector” under the FDCPA. Rep. & Rec. 1, ECF No. 7. Furthermore, liberally 

construing Lemke’s complaint, she also does not state a claim for relief under the Fair Credit 

Reporting Act. 

Although the Magistrate Judge’s report explicitly stated that the parties to this action may 

object to and seek review of the recommendation within fourteen days of service of the report, 

neither Plaintiff nor Defendant filed any objections. The election not to file objections to the 

1:14-cv-14449-TLL-PTM Doc # 8 Filed 05/28/15 Pg 1 of 2 Pg ID 148
- 2 - 

Magistrate Judge’s report releases the Court from its duty to independently review the record. 

Thomas v. Arn, 474 U.S. 140, 149 (1985). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation, 

ECF No. 7, is ADOPTED. 

It is further ORDERED that Defendant’s Motion to Dismiss, ECF No. 4, is GRANTED. 

 It is further ORDERED that Plaintiff’s Complaint, ECF No. 1, is DISMISSED WITH 

PREJUDICE. 

s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

Dated: May 28, 2015 

 

PROOF OF SERVICE 

The undersigned certifies that a copy of the foregoing order was served 

upon each attorney or party of record herein by electronic means or first 

class U.S. mail on May 28, 2015. 

 s/Karri Sandusky 

 Karri Sandusky, Acting Case Manager 

1:14-cv-14449-TLL-PTM Doc # 8 Filed 05/28/15 Pg 2 of 2 Pg ID 149
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 Commerce

###### International Trade Administration 

# AGENCY:

International Trade Administration, U.S. Department of Commerce. 

# ACTION:

Notice of an Open Meeting via Teleconference.

# SUMMARY:

The President's Export Council will hold a meeting via teleconference to deliberate a draft recommendation to the President regarding Trade Promotion Authority. 

*Date:*                         April 24, 2007.                     

*Time:*                         12 p.m. (EDST).                     

*For the Conference Call-In Number and Further Information, Contact:*                         The President's Export Council Executive Secretariat, Room 4043, Washington, DC 20230 (Phone: 202-482-1124), or visit the PEC Web site,                         *http://www.ita.doc.gov/​td/​pec.*

Dated: April 5, 2007. 

J. Marc Chittum, 

Staff Director and Executive Secretary, President's Export Council. 

[FR Doc. 07-1800 Filed 4-6-07; 1:39 pm] 

BILLING CODE 3510-DR-P
EXHIBIT 32.1        CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO SECTION
------------        906 OF SARBANES-OXLEY ACT OF 2003

In connection with the Quarterly Report of Long Island Financial Corp., (the
Company) on Form 10-Q for the period ended June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Douglas
C. Manditch, President & Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2003, that:


(1) The Report 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 the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.

                                      /s/ Douglas C. Manditch
                                          -------------------
                                          Douglas C. Manditch
                                          President & Chief Executive Officer
                                          August 16, 2004

A signed original of this written statement required by Section 906 has been
provided to Long Island Financial Corp. and will be retained by Long Island
Financial Corp. and furnished to the Securities and Exchange Commission or its
staff upon request.
<PAGE>

                                                                    EXHIBIT 32.1

                 CERTIFICATION OF QUARTERLY REPORT ON FORM 10-Q
                            OF PRIVATE BUSINESS, INC.
                      FOR THE QUARTER ENDED MARCH 31, 2004

The undersigned hereby certify, pursuant to 18 U.S.C. Section 906 of the
Sarbanes-Oxley Act of 2002, that, to the undersigned's best knowledge and
belief, the Quarterly Report on Form 10-Q for Private Business Inc. ("Issuer")
for the period ending March 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"):

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

     b).  the information contained in the Report fairly presents, in all
          material respects, the financial condition and results of operations
          of the Issuer.

The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.

     This Certification is executed as of May 12, 2004.

A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Company and will be retained
by the Company and furnished to the Securities Exchange Commission or its staff
upon request.

                                                       /s/ Henry M. Baroco
                                                       -------------------------
                                                       Henry M. Baroco
                                                       Chief Executive Officer

                                       32