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

FEB- 3 2016 

HEARING DOCKET 

ATTORNEYS AT LAW 

700TwELVE0AKSCENTERDRIVE,SU!TE700, WAYZATA,MN 55391 

TELEPHONE: 952/449-8817 FACSIMILE: 952/449-0614 

RICHARD BAR 

BRENDAN COLLINS 

STEVEN JOliN" FELLMAN 

EDWARD D. GREENBERG 

KATHARINEfOSTERMEYER 

DAVID K. MONROE 

TROY A. ROLF 

DAVIDP.STREET 

KEITII G. SWIRSKY 

THOMAS W. WILCOX 

CHRISTOPHER B. YOUNGER 

SVETLANA V. LYUBCHENKO 

February 2, 2016 

VIA FEDERAL EXPRESS 

Federal Aviation Administration 

600 Independence Avenue, S.W. 

Wilbur Wright Building- Suite 2Wl000 

Washington, DC 20591 

Attn: Docket Clerk, AGC 430 

RE: Jennifer Lauren, Case No. 2014S0275046 

Dear Sir/Ma'am: 

WASIHNGTON, DC 0FF1CE: 

1055 THOMAS JEFFERSONSTREET,NW, SUITE 500 

WASHINGTON, DC 20007-4492 

(n2o2/342-s2oo (F)202/342-s2t9 

WRITER'S DIRECf E-MAIL ADDRESS 

trolf@gk:glaw_com 

WRITER'S DIRECT DIAL NUMBER 

952-449-8817 

~DfY13: dO IC:S 

I represent Jennifer Lauren in the above-referenced matter, and am in possession of a 

copy of the Final Notice of Proposed Civil Penalty dated as of January 19, 2016. On behalf of 

my client, Jennifer Lauren, we hereby request a hearing on this matter. 

cc: Brandau Goldberg 

Attorney 

Sincerely, 

Enforcement Division, Southern Team 

P.O. Box 20636 

Atlanta, GA 30320 

@INTERLAW. 

An International Association of Independent Law Firms in Major World Centers
§ 111.10-4 Power requirements, generating sources. ( a ) The aggregate capacity of the electric ship's service generating sources required in § 111.10-3 must be sufficient for the ship's service loads.
( b ) With the ship's service generating source of the largest capacity stopped, the combined capacity of the remaining electric ship's service generating source or sources must be sufficient to supply those services necessary to provide normal operational conditions of propulsion and safety, and minimum comfortable conditions of habitability. Habitability services include cooking, heating, air conditioning (where installed), domestic refrigeration, mechanical ventilation, sanitation, and fresh water.
( c ) The capacity of the ship's service generating sources must be sufficient for supplying the ship's service loads without the use of a generating source which is dependent upon the speed or direction of the main propelling engines or shafting.
( d ) Operating generators must provide a continuous and uninterrupted source of power for the ship's service load under normal operational conditions. Any vessel speed change or throttle movement must not cause a ship's service load power interruption.
( e ) Vessels with electric propulsion that have two or more constant-voltage generators which supply both ship's service and propulsion power do not need additional ship's service generators provided that with any one propulsion/ship's service generator out of service the capacity of the remaining generator(s) is sufficient for the electrical loads necessary to provide normal operational conditions of propulsion and safety, and minimum comfortable conditions of habitability.
( f ) A generator driven by a main propulsion unit (such as a shaft generator) which is capable of providing electrical power continuously, regardless of the speed and direction of the propulsion shaft, may be considered one of the ship's service generating sets required by § 111.10-3. A main-engine-dependent generator which is not capable of providing continuous electrical power may be utilized as a supplemental generator provided that a required ship's service generator or generators having sufficient capacity to supply the ship's service loads can be automatically brought on line prior to the main-engine-dependent generator tripping off-line due to a change in the speed or direction of the main propulsion unit.
[CGD 94-108, 61 FR 28277, June 4, 1996; 61 FR 36787, July 12, 1996]
#### § 190.20-90 Vessels contracted for prior to March 1, 1968.

Existing structures, arrangements, materials, and facilities previously approved will be considered satisfactory so long as they are maintained in good condition to the satisfaction of the Officer in Charge, Marine Inspection. Minor repairs and alterations may be made to the same standards as the original construction, provided that in no case will a greater departure from the standards of §§ 190.20-5 through 190.20-55 be permitted than presently exists.
§ 34.25-20 Spray nozzles—T/ALL. ( a ) Spray nozzles shall be of an approved type.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 04-7150

ROBB M. HARKSEN, Plaintiff - Appellant,

versus T. HALE, ROSP; J. ARMENTROUT, Operations; R. A. YOUNG, Regional Director; S. SHORTRIDGE, Operations Officer; D. A. BRAXTON; MAJOR FLEMING; GENE JOHNSON, Deputy Director; C/O HICKS; A. HARVEY, Assistant Warden of Operations; MAJOR YATES; T. MONK, Counselor; S. K. YOUNG, Warden; CAPTAIN FLEMING; T. WOODS; COUNSELOR EVANS; C/O MULLINS; C/O VANOVER; C/O YOUNCE; SERGEANT PHILLIPS; G. DEEL; M. C. MU LLINS; R. ROSE; M. HENSLEY, Treatment Program Supervisor; L. HUFFMAN, Regional Director; UNKNOWN DEFENDANT; COUNSELOR KEGLEY; LIEUTENANT LEWIS, Counselor; K. MCCOY; MS. LAWSON; MS. LAWSON; COUNSELOR JESSEE; J. FANIN; H. DUNCAN, Defendants - Appellees.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. James C. Turk, Senior District Judge. (CA-03-653-7-jct-mfu)
Submitted: September 9, 2004 Decided: September 16, 2004
Before WILKINSON, MICHAEL, and GREGORY, Circuit Judges.- 2 - Dismissed by unpublished per curiam opinion.
Robb M. Harksen, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 3 - PER CURIAM: Robb M. Harksen seeks to appeal the magistrate judge’s order: (1) denying his motion to amend his complaint; (2) splitting the case into four separate law suits; and (3) staying consideration of Harksen’s claims under the Religious Land Use and Institutionalized Persons Act. This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (2000), and certain interlocutory and collateral orders, 28 U.S.C. § 1292 (2000); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order Harksen seeks to appeal is neither a final order nor an appealable interlocutory or collateral order. Accordingly, we dismiss the appeal for lack of jurisdiction. 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.

DISMISSED
§ 31.30-1 Marine engineering regulations and material specifications—TB/ALL. ( a ) All tank vessels are subject to the regulations contained in parts 50 to 63, inclusive, of subchapter F (Marine Engineering) of this chapter, whenever applicable, except as such regulations are modified by the regulations in this subchapter for tank vessels.
[CGFR 68-82, 33 FR 18804, Dec. 18, 1968]
§ 176.610 Scope of drydock and internal structural examinations. ( a ) A drydock examination conducted in compliance with § 176.600 must be conducted while the vessel is hauled out of the water or placed in a drydock or slipway. During the examination all accessible parts of the vessel's underwater body and all through hull fittings, including the hull plating and planking, appendages, propellers, shafts, bearings, rudders, sea chests, sea valves, and sea strainers shall be made available for examination. Sea chests, sea valves, and sea strainers must be opened for examination. On wooden vessels, fastenings may be required to be pulled for examination. The accuracy of draft or loading marks, if required by § 185.602 of this chapter, must be verified if not verified at a previous drydock examination.
( b ) An internal structural examination conducted in compliance with § 176.600 may be conducted while the vessel is afloat or out of the water and consists of a complete examination of the vessel's main strength members, including the major internal framing, the hull plating and planking, voids, and ballast, cargo, and fuel oil tanks. Where the internal framing, plating, or planking of the vessel is concealed, sections of the lining, ceiling or insulation may be removed or the parts otherwise probed or exposed so that the inspector may be satisfied as to the condition of the hull structure. Fuel oil tanks need not be cleaned out and internally examined if the marine inspector is able to determine by external examination that the general condition of the tanks is satisfactory.
[CGD 85-080, 61 FR 953, Jan. 10, 1996, as amended by USCG-2007-0030, 75 FR 78087, Dec. 14, 2010]
Editorial Note on Part 2
Editorial Note: Nomenclature changes to part 2 appear by USCG-2009-0702, 74 FR 49223, Sept. 25, 2009, and USCG-2013-0671, 78 FR 60144, Sept. 30, 2013.

§ 2.45-20 Probation, suspension, and revocation. ( a ) A classification society approved for the purpose of this subpart must maintain the minimum requirements for approval set forth in § 2.45-15.
( b ) If an approved classification society fails to maintain compliance with paragraph (a) of this section, the Coast Guard may place the classification society approval on probation, or suspend or revoke the classification society's approval, as appropriate.
( c ) *Probation.* A classification society on probation is approved for the purpose of this subpart. The probation continues until the next review of the classification society's compliance with paragraph (a) of this section. ( 1 ) If the review shows that compliance with paragraph (a) of this section is achieved, the probation may end.
( 2 ) If the review shows significant improvement but compliance with paragraph (a) of this section is not achieved, the probation may be extended.
( 3 ) If the review does not show significant improvement, and compliance with paragraph (a) of this section is not achieved, the approval may be suspended.
( d ) *Suspension.* A classification society whose approval is suspended is not approved for the purpose of this subpart. Suspension will continue until the next review of the classification society's compliance with paragraph (a) of this section. ( 1 ) If the review shows compliance with paragraph (a) of this section, the classification society's approval may be restored.
( 2 ) If the review shows significant improvement toward compliance with paragraph (a) of this section, the suspension may be extended.
( 3 ) If the review does not show significant improvement and compliance with paragraph (a) of this section, the classification society's approval may be revoked.
( e ) *Revocation.* A classification society whose approval is revoked is not approved for the purpose of this subpart. The classification society may reapply for approval when the requirements of § 2.45-15 are met.
( f ) The Coast Guard's Office of Design and Engineering Standards (CG-ENG) administers probations, suspensions, and revocations and makes all related notifications to affected classification societies.
§ 310.59 Courses of instruction. ( a ) *At Academy.* Three major curriculums are offered: Nautical Science, for the preparation of deck officers; Marine Engineering, for the preparation of engineering officers; and the Dual License Program, a combined course which leads to licenses in both specialties. All midshipmen who are citizens shall take naval science courses prescribed by the Department of the Navy. All curriculums include general education courses and electives.
( b ) *Sea year.* Midshipmen spend one-half of their sophomore (third class) year and one-half of their junior (second class) year training at sea aboard one or more merchant vessels. In addition to practical shipboard assignments, midshipmen are required to complete written study assignments incorporating material from the major segments of the Academy curriculums.
#### KATHRYN SCHARWATH, PLAINTIFF, v. CATHERINE BROOKS, DEFENDANT.

Argued October 3, 1928

Decided April 11, 1929.

Before Gummebe, Chief Justice, and Justice Paeiiee.

For the plaintiff, *Ralph E. Lum.*

For the defendant, *Alexander Simpson.*

Pee C ukiah.

The first count based on alleged criminal conversation was eliminated by a nonsuit on that count and the case proceeded as a wife’s suit against another woman for alienation of her husband’s affections. The jury found a verdict for plaintiff of $90,000. This is attacked as against the weight of evidence, and as excessive.

We are clear that it was not against the weight of evidence. The facts that the jury were entitled to take as having been proved were voluminous, and are unnecessary to recapitulate here.

But we consider the damages as grossly excessive. This is not a case of a wife cast off and left in poverty. Plaintiff secured a divorce from her husband and thereupon he married the defendant, settling upon the plaintiff a house valued at $35,000, the sum of $20,000 in cash, and $4,000 a year. It is of course true that these items are not legally applicable in a suit for damages against the female enticer, but it is still true that plaintiff received them as a result of the enticement, *398and the jury should consider them in making an award of compensatory damages. When we come to consider the matter of wounded feelings, &e., and the punitive element, the court should be slow to set aside a verdict as excessive. *Boniewsky*v. *Polish*Home, 102 *N. J. L.*241. But there are cases where even such a verdict should not stand, and as we read the evidence and inhale the unpleasant atmosphere of this case, it seems plainly to be one of them.

The rule to show cause will be made absolute, but as to damages only.
#### THOMAS NOLAN, RESPONDENT, v. FIREMEN’S INSURANCE COMPANY OF NEWARK, NEW JERSEY, A CORPORATION, APPELLANT.

Submitted January term, 1929

Decided July 3, 1929.

Before Justices Teenciiabd, Kalisch and Lloyd.

For the appellant, Lum, *Tamblyn & Golyer.*

For the respondent, Quinn, *Parsons & Doremus.*

Pee Cukiam.

Plaintiff below obtained a judgment on a Are insurance policy in the Monmouth County District Court, and defendant appeals, claiming that there should have been a nonsuit, and that in any event the loss should have been apportioned.

The policy covered a greenhouse, which a tenant had erected on plaintiff’s property, and which the tenant had also insured as property belonging to himself. It was contended by defendant that the greenhouse, which was destroyed by fire, was conclusively presumed to belong to the tenant as a trade fixture, and that in any event, under a provision of the policy that the company should not be liable under the policy “for *600a greater portion of the loss than the amount * * ***insured shall bear to the whole insurance, whether valid or not, or by solvent or insolvent insurers covering such property,” there was no liability.

We think the case of *West Shore Railroad Co.*v. *Wenner_,*75 N. J. *L.*494, is controlling as to the right of the tenant to the greenhouse. It was there said that “the right of a tenant to remove trade fixtures at the expiration of his term has no application to a building by a tenant .upon the land which he has leased. When so erected the building becomes part of the freehold and the property of the landlord, in the absence of an agreement between the parties that it shall remain the property of the tenant.” On the facts it is difficult to distinguish the same. It was there a hotel to be used for business purposes; here it was a greenhouse to be used for like purposes, and the tenant had no agreement that it should he his. To like effect, in principle, is the Chancery case of *Saling*v. *Saling,*95 *N. J. Eq.*611.

We think the decision below was also right as to the amount of the verdict. The limiting clause has no application to the present situation. As determined by the judge, the tenant was a stranger in interest to the property. He had no insurable interest, and it was not the intention of the policy to compel an owner to reduce his claim whenever an interloper saw fit to obtain a policy on his buildings. To hold otherwise would permit insurance companies to make the provision a means of grossest fraud on their policy holders.

The judgment is affirmed.
§ 308.539 Application. ( a ) *Preliminary request.* Application for a Facultative Cargo Policy shall be made by filing a preliminary request in writing (including telegram) with an Underwriting Agent of MARAD, setting forth the following information: ( 1 ) The name and address of the applicant;
( 2 ) The amount of insurance requested;
( 3 ) The commodity and quantity to be insured;
( 4 ) The voyage to be covered;
( 5 ) The name of the vessel upon which the cargo will be shipped, if known, the name of the steamship line, if known, and the date of shipment, if the applicant is submitting the request to bind war risk in writing; for security reasons, if the applicant is submitting the order to bind war risk insurance by telefax, neither the name of the vessel nor the name of the steamship line nor the anticipated date of sailing, should be mentioned. Mentioning such information in a telefax may result in a denial of insurance to the applicant. Any envelope transmitting a letter containing such information shall be marked “confidential.”
( b ) *Binder.* Before the insurance can be bound, the applicant shall provide the Underwriting Agent with a properly prepared binder on Form MA-315 prescribed in § 308.544. The binder must be submitted in duplicate, accompanied by check or Money Order payable to the order of ”Maritime Administration, Department of Transportation” for the full amount of the premium computed on the amount to be insured at the rate set by the Maritime Administrator. Any application for facultative cargo war risk insurance received by an Underwriting Agent later than 4 p.m. (Local Time) shall be considered the next day's business.
( c ) *Optional loss limits clause.* Clause 9 of the standard form of facultative cargo policy, Form MA-316, prescribed in § 308.545, limits the amount payable for loss to the fair market value at the place and approximate time of the attachment of risk, plus the cost of marine insurance, transportation and expenses incident thereto, and war risk insurance with respect to the lost or damaged goods, or if it is impossible to determine the fair market value at place and time of attachment of risk, the fair market value at the designated port of arrival on the date of the attachment of the risk, plus the cost of marine insurance, transportation and expenses incidental thereto, and war risk insurance with respect to the lost or damaged goods, or if the goods had been purchased prior to loading, the actual amount paid or payable to the seller for the goods less all discounts, plus the cost of marine insurance, transportation and expenses incidental thereto, and war risk insurance with respect to the lost or damaged goods. In lieu of these loss limits, the Assured by so specifying in his application, and the binder may have attached to the policy when issued Standard Optional Endorsement No. 1-A, Form MA-316, prescribed in § 308.546, which limits the amount payable for loss to the actual bona fide pecuniary loss to the Assured, exclusive of any allowance for anticipated or accrued profits arising out of the insured venture.
§ 120.376 Grounded distribution systems (Neutral grounded). ( a ) If a grounded distribution system is provided, there must be only one connection to ground, regardless of the number of power sources. This ground connection must be at the switchboard or at the common ground plate, which must be accessible.
( b ) Each propulsion, power, lighting, or distribution system having a neutral bus or conductor must have the neutral grounded.
( c ) The neutral or each grounded generation and distribution system must be grounded at the generator switchboard and have the ground connection accessible for checking insulation resistance of the generator to ground before the generator is connected to the bus, except the neutral of an emergency power generation system must be grounded with: ( 1 ) No direct ground connection at the emergency switchboard;
( 2 ) The neutral bus permanently connected to the neutral bus on the main switchboard; and
( 3 ) No switch, circuit breaker, or fuse in the neutral conductor of the bus-tie feeder connecting the emergency switchboard to the main switchboard.
( d ) On a metallic vessel, a grounded alternating current system must be grounded to the hull. On a nonmetallic vessel, the neutral must be connected to the common ground, except that aluminum grounding conductors must not be used.
#### James R. Wood and another, *as Executors, Respondents, v.*Viola Yates Mitcham and others, Appellants.

Judgment affirmed. Opinion by

Daniels, J.
###### Editorial Note on Part 2

#### Editorial Note:

Nomenclature changes to part 2 appear by USCG-2009-0702, 74 FR 49223, Sept. 25, 2009, and USCG-2013-0671, 78 FR 60144, Sept. 30, 2013.

#### § 2.45-30 Penalties.

The owner, charterer, managing operator, agent, master, or individual in charge of a vessel that employs a classification society to review, examine, survey, or certify the construction, repair, or alteration of a vessel in the United States is subject to civil penalties in accordance with Title 46 U.S.C. 3318 if the classification society is not approved by the Coast Guard under this subpart.
#### § 32.02-15 Guards at dangerous places—TB/ALL.

All exposed and dangerous places such as gears and machinery shall be properly protected with covers, guards or rails in order that the danger of accidents may be minimized. On vessels equipped with radio communication, the lead-ins shall be efficiently incased or insulated to insure against accidental shock. Such lead-ins shall be located so as not to interfere with the launching of lifeboats and life rafts.

[CGFR 65-50, 30 FR 16671, Dec 30, 1965. Redesignated by CGD 88-032, 56 FR 35820, July 29, 1991]
§ 289.2 Vessels included. Vessels subject to the provisions of this part are: ( a ) All vessels which may in the future be constructed or sold with construction-differential subsidy allowances and/or national defense features allowance under Title V or VII of the Merchant Marine Act 1936, as amended.
( b ) All vessels which have previously been constructed or sold with construction-differential subsidy allowances and national defense features allowances under Title V or VII of the Merchant Marine Act, 1936, as amended;
( c ) All vessels which have previously been constructed with construction-differential subsidy allowances or national defense features allowance under Title V or VII of the Merchant Marine Act of 1936, as amended, and later adjusted in price pursuant to section 9 of the Merchant Ship Sales Act of 1946;
( d ) All vessels which are subsidized under operating-differential subsidy agreements.
###### Editorial Note on Part 151

#### Editorial Note:

Nomenclature changes to part 151 appear by USCG-2009-0702, 74 FR 49236, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

#### § 151.03-33 Lakes, bays, and sounds.

A designation for all vessels navigating the waters of any of the lakes, bays, or sounds other than the waters of the Great Lakes.
Disclosed in this report any changes in the registrant’s internal control over financial reportingthat occurred during the registrant’s most recent fiscal quarter that has materially affected or isreasonable expected to materially affect the registrant’s internal control over financialreporting; andThe registrant’s other certifying officer and I have disclosed, based on our most recent evaluationof internal control over financial reporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors (or persons performing the equivalent functions):All significant deficiencies and material weaknesses in the design or operation of internal controlover financial reporting which are reasonably likely to adversely affect the registrant’s abilityto record, process, summarize and report financial information; andAny fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal controls over financial reporting.April 16, 2009  /s/ J. Brian Patsy  Chief Executive Officer and President