alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS R Fr.~= I\/ ED 

FEDERAL AVIATION ADMINISTRATION, 

Complainant 

vs. 

UNITED PARCEL SERVICE COMPANY 

Respondent 

TO: Administrative Law Judge J. E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (E11-310) 

Washington, DC 20590 

APR 0 1 2016 

HEARING OOCKET 

FAA Docket No. FAA 2016-4262 

Judge J. E. Sullivan 

NOTICE OF APPEARANCE 

Pursuant to 14 C.P.R.§ 13.204, the undersigned gives notice of appearance in the abovereferenced matter on behalf of United Parcel Service, Inc., an Ohio corporation ("UPS Ground"). 

All communications addressed to UPS Ground regarding this matter should be directed to the 

undersigned in addition to counsel and representatives previously identified by UPS Ground: 

Meaghan G. Boyd 

Alston & Bird LLP 

One Atlantic Center 

120 I W. Peachtree Street 

Atlanta, Georgia 30309-3424 

404-881-7245 

404-253-8510 

meaghan.boyd@alston.com 

Respectfully submitted this 1st day of April, 2016. 

(\ A I 1/ / ~ _) c.,.,AJ{' 

lv\.eaj~ l'>cy/ , ~4{ .. / 

Meaghan G. Boyd 

Alston & Bird LLP 
U.S. DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

OFFICE OF HEARINGS 

FEDERAL AVIATION ADMINISTRATION, 

Complainant 

vs. FAA Docket No. FAA 2016-4262 

UNITED PARCEL SERVICE COMPANY Judge J. E. Sullivan 

Respondent 

CERTU-ICATE OF SERVICE 

This certificate verifies that a true copy of the foregoing "Notice of Appearance" was 

mailed by hand delivery or UPS Next Day Air® this 1st day of April, 2016, to the following: 

Hearing Docket Clerk 

FAA, AGC-430, Suite 2W-1000 

Wilbur Wright Building 

600 Independence Avenue, SW 

Washington, DC 20591 

Administrative Law Judge J. E. Sullivan 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

Andrea Michelle Harper 

Attorney 

Enforcement Division, Southern Team 

1701 Columbia Avenue 

College Park, GA 30337 

Alston & Bird LLP 

(original+ 1 copy) (via hand delivery) 

(via hand delivery) 

(via UPS Next Day Air) 

2
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2078 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2078

       To suspend temporarily the duty on hand blown glass vases.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 29, 2009

  Mrs. Boxer introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
       To suspend temporarily the duty on hand blown glass vases.

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

SECTION 1. HAND BLOWN GLASS VASES.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``     9902.01.00      Hand blown (but     Free         No change        No change        On or before 12/  ''.
                        not mechanically                                                   31/2011.......
                        pressed) glass
                        vases, valued at
                        more than $0.30
                        but not more than
                        $3 each (provided
                        for in subheading
                        7013.99.50)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
### SERVE D DECEMBE

R8 , 201 0 "s-ARTMENTO F

^•".NSPORWIO N •:'^'OPERATION S :! 0 D"C ~ 8 P 2:3 5

U.S . DEPARTMEN T O FTRANSPORTATIO N

OFFIC EO FHEARING S WASHINGTON , D.C . IN TH E MATTE RO F SCENI C AVIATION , INC . DOCKE T No . CP09NM001 1 (Civi l Penalty Action ) DM S No . FAA-2009-097 4 

### ORDE R O F DISMISSA L Th e Complain t

o f Complainan t

Federa l Aviatio n Administratio n (hereinafter "Complainant" ) wa s file do n Octobe r 29 , 2009 . Responden t

Sceni c Aviation , Inc . (hereinafte r

"Respondent" ) ha dfile daReques t fo r Hearin g o n Octobe r

22 , 2009 . O n Decembe r

8 , 2010 , Responden t

withdre w it s Reques t

fo r Hearin g an d requeste ddismissal , citin g settlement . 1 4 C.F.R . § 13.21 5 states : "A t an y tim e befor e o r

durin g ahearing , an agenc y attorne y ma y withdra w acomplain t o r part y ma y withdra w areques t fo r ahearin g withou t th e consen t

o f th e administrativ e la w judge . If-a n agenc y attorne y withdraw s th e complain t

o r apart y withdraw s th e reques t fo r ahearin g an dth e answer , th e administrativ e law judg e shal l dismis s th e proceeding s imder thi s subpart withprejudice. " WHEREFORE , th e withi n file dWithdrawa l o f Reques t for Hearin g havin g bee n rea dan dconsidered , i t

i s ORDERE D a s follows : 1 . Respondent' s Withdrawa l o f Reques t fo r Hearin g b e an di s hereb y granted ; an d2 . Thi s proceedin g b e an di s hereb y dismisse dwithprejudice .

Lichar dC . Goodwi n U.S . Administrativ e Law Judg e Attachmen t

- Servic e Lis t^ FA A Docke t No . CP09NM01 1 (Civi l Penalty Action ) SERVIC ELIS T ORIGINA L& ON ECOP Y Federal Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Buildin g - Suit e 2W1000 ^

ON E COP Y Gregory S . Winton , Respondent' s Counse l Aviatio n La w Experts , LL C 33 0 Aviatio n Way , Secon dFloo r Frederick , M D 2170 1 TEL : 301-294-855 0 FAX : 301-294-252 5 Scott R . Morris , Complainant' s Counse l Offic e o f th e Regiona l Counse l Northwes t

Mountai n Region , ANM- 7 Federa l Aviatio n Administratio n 160 1 Lin dAvenue , S.W . Renton , W A 9805 7 TEL : 425-227-200 7 FAX : 425-227-100 7 Th e Honorabl e Richar dC . Goodwin , Administrativ e Law Judg e Offic e o f Hearings , M-2 0 U.S . Departmen t

o f Transportatio n 1200 New Jerse y Avenue , S.E . Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , D C 2059 0 TEL : Attorney-Adviso r 202-366-213 9 Legal Assistan t

202-366-512 1 FAX : 202-366-753 6

' Servic e wa s b y U.S . Mail . Fo

r servic e i n perso n o r b y expedite dcourier , us e th e followin g address : Hearin g Docket , Federa l Aviatio n Adniinistration, 60

0 Independenc

e Avenue, S . W. , Wilbu

r Wrigh t Buildin g - Roo m2014, Washington

, D C 20591 , Attention : Hearin

g Docke t Clerk , AGC-430 .
II 

111TH CONGRESS 

1ST SESSION S. 1990 

To suspend temporarily the duty on certain plastic children’s wallets. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2009 

Ms. KLOBUCHAR introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain plastic children’s 

wallets. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CERTAIN PLASTIC CHILDREN’S WALLETS. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.01.00 Children’s wallets with outer 

surface of plastic each valued 

not over $1.00 and with dimensions not exceeding 26 

cm x 11.5 cm and with artwork or graphics using cartoon characters or other children’s motif (provided for in 

subheading 4202.32.10) ........ Free No change No change On or before 

12/31/2011 ’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•S 1990 IS

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
#### The People of the State of New York, Respondent, v Alex Levan, Appellant.

Judgment, Supreme Court, Bronx County (Vincent Quattrochi, J.), rendered on December 1, 1989, convicting defendant upon a plea of guilty of attempted criminal sale of a controlled substance in the third degree and sentencing defendant to an indeterminate term of imprisonment of 1 to 3 years, unanimously affirmed.

We are unpersuaded that the sentence imposed was unduly harsh or severe. Taking into account, "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence. *(People v Farrar,*52 NY2d 302, 305.)

*256Further, defendant was sentenced in accordance with his plea bargain and within statutory guidelines. "Having received the benefit of his bargain, defendant should be bound by its terms.” *(People v Felman,*141 AD2d 889, 890, *lv denied*72 NY2d 918.) Concur—Sullivan, J. P., Wallach, Asch and Smith, JJ.
**Exhibit 32**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

 

The undersigned, theChief Executive Officer and the Chief Financial Officer of Beach First NationalBancshares, Inc. (the “Company”), each certify that, to his knowledge onthe date of this certification:

 

1.               The annual report of the Company for theperiod ended December 31, 2007 as filed with the Securities and ExchangeCommission on this date (the “Report”) fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 

 
|   | /s/ Walter E.  Standish, III |
|--------|-----------------------------------|
|   | Walter  E. Standish, III     |
|   | Chief  Executive Officer          |
|   | March 14,  2008              |
|   |                              |
|   | /s/ Gary S. Austin                |
|   | Gary S. Austin                    |
|   | Chief  Financial Officer          |
|   | March 14, 2008               |

 

 

----
EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The  undersigned,  William  Iny,  Chief  Executive  Officer and Chief  Financial
Officer of Sky Harvest Windpower Corp. (the "Company") hereby certifies pursuant
to  18  U.S.C.  Section  1350,  as  adopted  pursuant  to  Section  906  of  the
Sarbanes-Oxley Act of 2002, that

     (a)  the Quarterly  Report on Form 10-Q of the Company for the period ended
          November 30, 2010 (the "Report") fully complies with the  requirements
          of Section 13(a) or Section 15(d),  as  applicable,  of the Securities
          Exchange Act of 1934, as amended; and

     (b)  the  information  contained in the Form 10-Q fairly  presents,  in all
          material respects,  the financial  condition and results of operations
          of the Company.

Date: January 13, 2011


By: /s/ William Iny
   ---------------------------------------------------
   William Iny
   Chief Executive Officer and Chief Financial Officer
   (Principal Executive Officer, Principal Financial
   Officer and Principal Accounting Officer)
### THE THIRTEENTH COURT OF APPEALS

13

- 23

- 00155

- CR

Reynaldo Rovira v. The State of Texas

On Appeal from the 319th District Court of Nueces County , Texas Trial Court Cause No. 18FC

- 5248G

JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes that the judgment of the trial court should be affirmed

. The Court orders the judgment of the trial court AFFIRMED

. We further order this decision certified below for observance. July 1 8 , 2024
EXHIBIT 32.2

CERTIFICATION
PURSUANT TO SECTION 906  
OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the Quarterly Report on Form 10-Q of Newkirk Realty Trust,  Inc.; (the
Registrant) for the period ended June 30, 2006 as filed with the  Securities
and Exchange  Commission on the date hereof (the Report),  I, Thomas
Staples,  Chief Financial  Officer of the Manager of the  Registrants  General
Partner, certify, pursuant to 18 U.S.C. section 1350, as adopted, pursuant to section 906
of the Sarbanes-Oxley Act of 2002, 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  Registrant.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------

|By:   | /s/ Thomas C. Staples                      | 
|----- | ------------------------------------------ | 
|      |                                            | 
|Name: | Thomas C. Staples 
Chief Financial Officer | 

Date: August 8,
2006

48
**Exhibit 32****Residential Capital, LLC****Certification of Principal Executive Officer and PrincipalFinancial Officer****Pursuant to 18 U.S.C. Section 1350**In connection with the Quarterly Report of Residential Capital,LLC (the Company) onForm 10-Q for theperiod ending September 30, 2006, as filed with theSecurities and Exchange Commission on the date hereof (theReport), each of the undersigned officers of the Company,certify, pursuant to 18 U.S.C. §1350, as adopted pursuantto §906 of the Sarbanes-Oxley Act of 2002, 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/ Bruce J. Paradis Bruce J. ParadisChief Executive OfficerNovember 6, 2006/s/ James R. Giertz James R. GiertzChief Financial OfficerNovember 6, 2006
# L_2006290EN.01004001.xml

| 20.10.2006 | EN | Official Journal of the European Union | L 290/40 |
| --- | --- | --- | --- |

20.10.2006

EN

Official Journal of the European Union

L 290/40

---

COMMISSION REGULATION (EC) No 1576/2006

of 19 October 2006

concerning tenders notified in response to the invitation to tender for the export of common wheat issued in Regulation (EC) No 936/2006

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (1), and in particular Article 13(3) thereof,

Whereas:

| (1) | An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 936/2006 (2). |
| --- | --- |

(1)

An invitation to tender for the refund for the export of common wheat to certain third countries was opened pursuant to Commission Regulation (EC) No 936/2006 (2).

| (2) | Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof, |
| --- | --- |

(2)

Article 7 of Commission Regulation (EC) No 1501/95 of 29 June 1995 laying down certain detailed rules for the application of Council Regulation (EEC) No 1766/92 on the granting of export refunds on cereals and the measures to be taken in the event of disturbance on the market for cereals (3), and in particular Article 13(3) thereof,

| (3) | On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed. |
| --- | --- |

(3)

On the basis of the criteria laid down in Article 1 of Regulation (EC) No 1501/95, a maximum refund should not be fixed.

| (4) | The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals, |
| --- | --- |

(4)

The measures provided for in this Regulation are in accordance with the opinion of the Management Committee for Cereals,

HAS ADOPTED THIS REGULATION:

Article 1

No action shall be taken on the tenders notified from 13 to 19 October 2006 in response to the invitation to tender for the refund for the export of common wheat issued in Regulation (EC) No 936/2006.

Article 2

This Regulation shall enter into force on 20 October 2006.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 19 October 2006.

For the Commission

Jean-Luc DEMARTY

Director-General for Agriculture and Rural Development

---

(1)  
  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Commission Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

1

(2)  
  OJ L 172, 24.6.2006, p. 6.

2

(3)  
  OJ L 147, 30.6.1995, p. 7. Regulation as last modified by Regulation (EC) No 777/2004 (OJ L 123, 27.4.2004, p. 50).

3

---
II 

111TH CONGRESS 

1ST SESSION S. 2062 

To extend the suspension of duty on phosphoric acid, tris (2-ethylhexyl) 

ester. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. CARPER introduced the following bill; which was read twice and referred 

to the Committee on Finance 

A BILL 

To extend the suspension of duty on phosphoric acid, tris 

(2-ethylhexyl) ester. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PHOSPHORIC ACID, TRIS (2-ETHYLHEXYL) 

4 ESTER. 

5 (a) IN GENERAL.—Heading 9902.24.62 of the Har6 monized Tariff Schedule of the United States (relating to 

7 phosphoric acid, tris (2-ethylhexyl) ester) is amended by 

8 striking ‘‘12/31/2009’’ and inserting ‘‘12/31/2011’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) applies to goods entered, or withdrawn from 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2062 IS

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KENNETH MICHAEL MYERS,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 07-72858

Agency No. A030-772-080

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted October 4, 2010 

Pasadena, California

Before: PREGERSON, D.W. NELSON and IKUTA, Circuit Judges.

The Board of Immigration Appeals’s (“BIA”) denial of Kenneth Michael

Myers’s (“Myers”) request to terminate his removal proceedings was not an error,

because the April 26, 2004 letter from the Department of Homeland Security

(“DHS”) did not constitute an affirmative communication that Myers had prima

FILED

OCT 08 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

facie eligibility to naturalize. Indeed, DHS lacked the power to issue such a

communication because Myers was then in removal proceedings. 8 U.S.C. § 1429. 

Contrary to Myers’s assertions, the regulations governing termination of removal

do not create a Catch-22 situation for aliens seeking to naturalize while in removal

proceedings; rather, an alien must obtain the requisite “affirmative

communication” from the DHS “prior to, and outside, the [removal] proceedings.” 

Hernandez de Anderson v. Gonzales, 497 F.3d 927, 934 (9th Cir. 2007) (emphasis

added). 

Myers did not demonstrate reliance on the now-repealed § 212(c) of the

Immigration and Nationality Act, 8 U.S.C. § 1182(c), when he rejected a plea

agreement and elected a jury trial, and therefore he is not now entitled to § 212(c)

relief. See INS v. St. Cyr, 533 U.S. 289, 325–26 (2001); Armendariz-Montoya v.

Sonchik, 291 F.3d 1116, 1121–22 (9th Cir. 2002). For the same reason, Myers

failed to demonstrate reliance on the prior version of § 101(a)(13), 8 U.S.C.

§ 1101(a)(13), and therefore he was not entitled to avoid being deemed

inadmissible upon his reentry into the country. See Camins v. Gonzales, 500 F.3d

872, 884–85 (9th Cir. 2007).

Because Myers was inadmissible and therefore statutorily ineligible for

§ 212(c) relief, he cannot establish prejudice stemming from the IJ’s denial of
3

Myers’s request to submit evidence regarding the equities of his case; thus, his due

process rights were not violated. See Ibarra-Flores v. Gonzales, 439 F.3d 614,

620–21 (9th Cir. 2006). Finally, because there is a rational basis for Congress’s

distinction between aliens who sought § 212(c) relief prior to its repeal and those

who did so after, Myers cannot demonstrate an equal protection violation. See de

Martinez v. Ashcroft, 374 F.3d 759, 764 (9th Cir. 2004).

PETITION DENIED.
**EXHIBIT 31.2**
**CERTIFICATIONS**
I, Kenneth W. Edic, certify that:
1. I have reviewed this report on Form 10-K of American Coin Merchandising,Inc.; 2. Based on my knowledge, this report does not contain any untrue statementof a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrantand have:
 a. Designed such disclosure controls and procedures, or causedsuch disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  b. Evaluated the effectiveness of the registrant’s disclosurecontrols and procedures, and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures asof the end of the period covered by this report based on suchevaluation; and  c. Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, registrant’sinternal control over financial reporting; and
5. The registrant’s other certifying officer(s) and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committeeof the registrant’s board of directors (or persons performing the equivalentfunctions):
 a. All significant deficiencies and material weaknesses in thedesign or operation of internal control over financial reportingwhich are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financialinformation; and  b. Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal control over financial reporting.
Date: March 23, 2004    /s/ Kenneth W. Edic   Kenneth W. Edic Chief Financial Officer
2