alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2007 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

9-13-2007

In Re: Fleming Co

Precedential or Non-Precedential: Precedential

Docket No. 05-2365

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2007

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2007 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"In Re: Fleming Co " (2007). 2007 Decisions. Paper 342.

http://digitalcommons.law.villanova.edu/thirdcircuit_2007/342
*

The Honorable Ronald L. Buckwalter, United States District Judge for the Eastern

District of Pennsylvania, sitting by designation.

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

____________

No. 05-2365

____________

IN RE: FLEMING COMPANIES, INC., ET AL.,

 Debtors

AWG ACQUISITION LLC;

ASSOCIATED WHOLESALE GROCERS, INC.,

 Appellants

____________

On Appeal from the United States District Court

for the District of Delaware

(No. 04-cv-00371)

District Judge: Honorable Sue L. Robinson, Chief Judge

Argued: December 12, 2006

Before: FISHER, CHAGARES, Circuit Judges,

 and BUCKWALTER, Senior District Judge*

ORDER AMENDING OPINION

CHAGARES, Circuit Judge

IT IS HEREBY ORDERED that the opinion in the above case, filed August 22,

2007, be amended as follows:

On page 2, change contact information for appellee’s counsel, Richard A. Chesley

as follows:
 Richard A. Chesley

 Paul, Hastings, Janofsky & Walker LLP

 191 North Wacker Drive, 30th Floor

Chicago, Illinois 60606

By the Court,

/s/ Michael A. Chagares

Circuit Judge

Dated: September 13, 2007

DMM/cc: Mark T. Benedict, Esq.

 Selinda A. Melnik, Esq.

 Leonard L. Wagner, Esq.

 Richard A. Chesley, Esq.

 Daniel J. DeFranceschi, Esq.
MSHA Escalation Report

Notice: This form is a documentation of a call received on the MSHA 1-800 Line. The caller was 

reporting either an emergency at a mine or a hazardous condition. The information documented was 

provided by the caller and was forwarded to a district office for further resolution.

SR Number:

1-93022003

Reference Number:

N/A

Contact Type:

Phone

Mine Zip Code:

87416

City:

Fruitland

County:

San Juan

State:

NM

Contact Information

Anonymous: Yes Caller’s Primary Phone #: (111) 111-1111

Caller’s Name: Anonymous Anonymous Caller’s Secondary Phone #:

Caller’s Email Address: n/a

Name of Mine: 

Navajo Mine

Mining Company:

BHP Billiton

Mine Identification Number : Unknown

Event Information

Has anyone died? No How many died? 0

Is anyone injured? No How many injured? 0

Types of injuries: N/A

Is anyone trapped? No How many trapped? 0

Is there a fire? No

Details provided by customer: The caller is reporting that a power plant adjacent to the mine is causing 

extremely unhealthy respiratory conditions. The power plant is the 4 Corners Power Plant. Units 4 and 5 of 

the plant, have large bag houses that filter the fly ash. On the mine side of the fly ash building, when large 

exhaust fans start up, the fans blow large amounts of fly ash. They are expelled through the veins from the 

fans into the environment. This has been ongoing for the last 9 to 10 months. The dust is airborne and is 

going onto the mine property. They have called the power plant to tell them of the hazard and for the most 

part they've been ignored. An MSHA inspector took pictures and reports. They were notified that as far as 

jurisdiction goes, they are unable to take any action and they should notify the EPA.

Administrative Activities

Date / Time Event Occurred: N/A

Date / Time MSHA Notified: 03/15/2012 18:01:28

District Office: Coal District 09 Office - Denver CO

Information Name: MSHA - HAZARDOUS CONDITION COMPLAINT - COAL MINE

Date / Time District Office Notified: 03/15/2012 

18:20:06

Comments: Spoke to Patricia Castelli and advised of 

the complaint.
IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION

UNITED STATES OF AMERICA,

 

 Plaintiff,

vs.

ANNIE L NEAL,

 Defendant.

) 

) 

) 

) 

)

)

)

)

)

)

CASE NO: 1:18-CV-214

JUDGE 

COMPLAINT

Now comes the United States of America, by and through its legal representative, the 

United States Attorney for the Southern District of Ohio, and for its cause of action alleges:

1. Jurisdiction is founded on 28 U.S.C. ' 1345 and 42 U.S.C. ' 404(a)(1)(A).

2. Defendant resides within this judicial district and division.

3. Defendant received disability payments from the United States Social Security

Administration May 2012 through October 2013 as evidenced by the attached "Exhibit A", totaling 

$94,774.60.

4. Defendant was not entitled to these payments in the amount of $10,340.30 because of the 

defendant’s work activity being over the allowable limit. Therefore, she received an over payment 

of benefits in the amount of $10,340.30. A true copy of said history is attached hereto, marked as 

"Exhibit A", and by this reference made a part hereof.

5. Defendant did not appeal the determination made by the Social Security Administration.

6. On July 22, 2017, the Social Security Administration made a final demand on defendant 

for full repayment “Exhibit B”.

Case: 1:18-cv-00214-TSB Doc #: 1 Filed: 03/29/18 Page: 1 of 2 PAGEID #: 1
7. Although payment has been demanded, payment has not been made by the Defendant. 

8. After all payments have been properly credited, the entire unpaid balance due and owing

to plaintiff from defendant as of August 29, 2017 is $10,340.30, all of which is evidenced by the 

Certificate of Indebtedness which is attached hereto, marked as "Exhibit C", and by this reference 

made a part hereof.

WHEREFORE, plaintiff prays for judgment against defendant in the amount of $10,340.30. 

Plaintiff further prays for its costs and for all further just and proper orders.

Respectfully submitted,

BENJAMIN C. GLASSMAN

United States Attorney

s/Bethany J. Hamilton

BETHANY J. HAMILTON (0075139)

Assistant United States Attorney

Attorney for Plaintiff

303 Marconi Boulevard, Suite 200

Columbus, Ohio 43215

Office: (614) 469-5715

Fax: (614) 469-5240

E-mail: Bethany.Hamilton@usdoj.gov

Case: 1:18-cv-00214-TSB Doc #: 1 Filed: 03/29/18 Page: 2 of 2 PAGEID #: 2
Case: 1:18-cv-00214-TSB Doc #: 1-1 Filed: 03/29/18 Page: 1 of 1 PAGEID #: 3
Case: 1:18-cv-00214-TSB Doc #: 1-2 Filed: 03/29/18 Page: 1 of 5 PAGEID #: 4
Case: 1:18-cv-00214-TSB Doc #: 1-2 Filed: 03/29/18 Page: 2 of 5 PAGEID #: 5
Case: 1:18-cv-00214-TSB Doc #: 1-2 Filed: 03/29/18 Page: 3 of 5 PAGEID #: 6
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Case: 1:18-cv-00214-TSB Doc #: 1-3 Filed: 03/29/18 Page: 1 of 2 PAGEID #: 9
Case: 1:18-cv-00214-TSB Doc #: 1-3 Filed: 03/29/18 Page: 2 of 2 PAGEID #: 10
Case: 1:18-cv-00214-TSB Doc #: 1-4 Filed: 03/29/18 Page: 1 of 1 PAGEID #: 11
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 1 of 16 PAGEID #: 1510
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 2 of 16 PAGEID #: 1511
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Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 4 of 16 PAGEID #: 1513
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 5 of 16 PAGEID #: 1514
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 6 of 16 PAGEID #: 1515
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 7 of 16 PAGEID #: 1516
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 8 of 16 PAGEID #: 1517
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 9 of 16 PAGEID #: 1518
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 10 of 16 PAGEID #: 1519
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 11 of 16 PAGEID #: 1520
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 12 of 16 PAGEID #: 1521
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 13 of 16 PAGEID #: 1522
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 14 of 16 PAGEID #: 1523
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 15 of 16 PAGEID #: 1524
Case: 1:18-cv-00295-MWM-KLL Doc #: 46 Filed: 09/14/20 Page: 16 of 16 PAGEID #: 1525
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 1 of 19 PAGEID #: 1
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 2 of 19 PAGEID #: 2
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 3 of 19 PAGEID #: 3
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Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 6 of 19 PAGEID #: 6
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 7 of 19 PAGEID #: 7
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 8 of 19 PAGEID #: 8
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 9 of 19 PAGEID #: 9
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 10 of 19 PAGEID #: 10
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 11 of 19 PAGEID #: 11
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 12 of 19 PAGEID #: 12
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 13 of 19 PAGEID #: 13
Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 14 of 19 PAGEID #: 14
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Case: 3:18-cr-00065-WHR Doc #: 1 Filed: 04/23/18 Page: 19 of 19 PAGEID #: 19
S erved: March 24 , 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

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

### RUGBY AVIATION, LLC

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



### NOTICE OF REGISTRATION OF TRADE NAME

On March 10, 2014

, Rugby Aviation, LLC d/b/a Northwest Sky Ferry (“Rugby”)

, a U.S. c ommuter

air carrier, 1 request ed that the Department regist e r the trade name “ San Juan Airlines ” for use in

certain of its air transportation operations

.

Rugby stated in its request for trade name registration that on February 19, 2014, the air carrier had

purchased , among other assets, the trade name “San Juan Airlines” from West Isle Air, Inc. d/b/a

San Juan Airlines (“West Isle”), a U.S commuter air carrier 2 based in Northwest Washington

. In its

request, Rugby submitted a bill of sale indicating that it had purchased the name, phone number

, and website of San Juan Airlines.

Part 215 (14 CFR Part 215) of the Department’s regulations provides that any air carrier wishing to

use an alternative trade name must first register that name with the Department. The rule further

states that th e Department may register such name after the air carrier gives notification to similarly

named air carriers of the proposed use of the name. In this case, the name “ San Juan Airlines” was

purchased from its previous ly registered owner , West Isle . Furthermore, the name is not currently

being used by, nor is identical or similar to the name of, any other existing certificated, commuter,

or foreign air carrier.

Since Rugby has complied with the requirements of Part 215, we acknowledge the regist ration of

the trade name “ San Juan Airlines ” for immediate use in its operations.

Dated at Washington, D.C.

, March 24 , 201 4

.

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http:// www.regulations.gov

1 See Order 2010

- 4

- 4 issued on April 9, 2010.

2 See Order 92

- 5

- 31, issued in May 18, 1992.Attachment A

SE RVICE LIST FOR RUGBY AVIATION, LLC

MR LOUIS A JANSEN

OWNER, RUGBY AVIATION, LLC

4167 MITCHELL WAY

BELLINGHAM WA 98226 OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E

- 36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR CLYDE CARLSON

MR SHANE CARLSON

WEST ISLE AIR, INC.

4000 AIRPORT ROAD, SUITE A

ANACORTES WA 98221 MR MARK MAZOR

CERTIFICATION MANAGE R

FAA AFS

- 900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

MR CHIP PETERSON

FEDERAL AVIATION ADMINISTRATION

PRINCIPAL OPERATIONS INSPECTOR

SEATTLE WA 89511 MR PETER LYNCH

ASST CHIEF COUNSEL FOR ENFORCEMENT

FAA/AGC

- 300

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

THE COUNTY OF JEFFERSON,

Plaintiff,

vs.

PURDUE PHARMA L.P., et at.

Defendants.

CASE NO. 2:18-cv-00037-EAS-EPD

ChiefJudge Edmund A. Sargus, Jr.

Chief Magistrate Judge

Elizabeth A. Preston Deavers

ORDER

For good cause shown, Defendant Russell Portenoy, M.D.'s unopposed motion to stay

the date by which to respond to the Complaint (ECF No. 11) is GRANTED. Defendant

Portenoy seventy-five (75) days after date on which removal is determined to answer, move, or

otherwise respond to the Complaint.

IT IS SO ORDERED.

UNITED^ATES MAGl^RATE JUD^E

ChiefMagistrate J^dge-Dcavers
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

 v. 

JOSHUA CLAY JOHNSON, 

Defendant-Appellant.

No. 21-30076 

D.C. No. 3:11-cr-00023-RRB-4 

MEMORANDUM*

Appeal from the United States District Court

for the District of Alaska

Ralph R. Beistline, District Judge, Presiding

Submitted March 16, 2022**

Before: SILVERMAN, MILLER, and BUMATAY, Circuit Judges.

Joshua Clay Johnson appeals pro se from the district court’s order denying 

his motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We 

have jurisdiction under 28 U.S.C. § 1291. Reviewing for abuse of discretion, see 

United States v. Keller, 2 F.4th 1278, 1281 (9th Cir. 2021), we affirm.

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAR 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 21-30076 

Johnson contends that the district court did not give sufficient consideration 

to his arguments for release and the totality of the circumstances, and clearly erred 

in concluding that he was receiving adequate medical care in prison, that he was 

equally vulnerable to COVID-19 outside of custody, and that his release would 

pose a danger to the public. But, the court acknowledged Johnson’s arguments and 

its factual findings had support in the record. The court did not abuse its discretion 

in concluding that (1) Johnson had failed to show extraordinary and compelling 

circumstances warranting compassionate release, and (2) the 18 U.S.C. § 3553(a) 

factors did not support release in light of Johnson’s significant criminal history and 

the many disciplinary infractions he has incurred while incarcerated. See United

States v. Robertson, 895 F.3d 1206, 1213 (9th Cir. 2018) (district court abuses its 

discretion only if its decision is illogical, implausible, or not supported by the 

record).

AFFIRMED.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-21-00171-CV

Leticia RODRIGUEZ,

Appellant/Cross-Appellee

v.

Lydia RODRIGUEZ and Robert Pereida,

Appellees/Cross-Appellants

From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CI19456

Honorable Cynthia Marie Chapa, Judge Presiding

BEFORE JUSTICE RIOS, JUSTICE RODRIGUEZ, AND JUSTICE VALENZUELA

In accordance with this court’s opinion of this date, the portion of the trial court’s judgment 

that reduces Appellant Leticia Rodriguez’s award “by improvements testified to by Defendants” 

is REVERSED and judgment is RENDERED that Leticia Rodriguez recover from Lydia 

Rodriguez and Robert Pereida, jointly and severally, damages in the amount of $35,400, 

representing the value for the use and occupation of the Property at $600.00 per month from 

November 1, 2015, through October 1, 2020. All other portions of the trial court’s judgment are 

AFFIRMED. It is ORDERED that Appellant Leticia Rodriguez recover her costs of this appeal 

from Appellees Lydia Rodriguez and Robert Pereida. 

SIGNED December 21, 2022.

_____________________________

Liza A. Rodriguez, Justice
Exhibit






Exhibit 10.1


AMENDMENT NO. 2
TO
EMPLOYMENT AGREEMENT


AMENDMENT, dated August 13, 2015 (“Amendment”), made to the Employment Agreement dated as of September 8, 2009, as amended by Amendment No. 1 thereto effective as of May 11, 2012 (as amended, the “Employment Agreement”), by and between Wyndham Worldwide Corporation, a Delaware corporation (the “Company”), and Thomas Conforti (the “Executive”).  
WHEREAS, the Company and the Executive have previously entered into the Employment Agreement and desire to amend the Employment Agreement to extend the employment term for a three year period, as set forth below.
NOW, THEREFORE, effective as of the date first written above, the Employment Agreement is hereby amended as follows:
1.The first sentence of Section II of the Employment Agreement is hereby amended in its entirety and replaced with the following:
The period of the Executive’s employment under this Agreement (the “Period of Employment”) shall begin on September 8, 2009 (the “Effective Date”), and shall end on September 8, 2018, subject to earlier termination as provided in this Agreement. 
2.    From and after the date hereof, all references to the Employment Agreement shall mean the Employment Agreement as amended hereby. Except as expressly amended hereby, the Employment Agreement shall remain in full force and effect, and is hereby ratified and confirmed. 
IN WITNESS WHEREOF, the undersigned has caused this Amendment to be executed this 13th day of August 2015.


EXECUTIVE


/s/ Thomas Conforti                
Thomas Conforti


WYNDHAM WORLDWIDE CORPORATION 

 
By:  /s/ Mary Falvey                 
       Name:  Mary Falvey 
       Title:  Executive Vice President
#### People v Chisom,

No. 90925;

Court of Appeals No. 122916.
EXHIBIT 21.1

                           SUBSIDIARIES OF REGISTRANT
                           --------------------------


                  P.A.M. Transport, Inc. (Arkansas Corporation)

              P.A.M. Special Services, Inc. (Arkansas Corporation)

               P.A.M. Dedicated Services, Inc. (Ohio Corporation)

             P.A.M. Logistics Services, Inc. (Arkansas Corporation)

                        T.T.X., Inc. (Texas Corporation)

                  Choctaw Express, Inc. (Oklahoma Corporation)

                 Choctaw Brokerage, Inc. (Oklahoma Corporation)

               Allen Freight Services, Inc. (Missouri Corporation)

                  Decker Transport Co., Inc. (Ohio Corporation)

                 Transcend Logistics, Inc. (Indiana Corporation)

             East Coast Transport and Logistics, Inc. (Arkansas LLC)

                    S & L Logistics, Inc. (Texas Corporation)

                  P.A.M. International, Inc. (Ohio Corporation)

                   P.A.M. Canada, Inc. (Canadian Corporation)
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff-Appellee, v. No. 00-6088 RONALD DION BOYD, Defendant-Appellant. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Leonie M. Brinkema, District Judge. (CR-97-417-A) Submitted: May 31, 2000 Decided: June 27, 2000 Before WILKINS, WILLIAMS, and KING, Circuit Judges.

_________________________________________________________________ Affirmed by unpublished per curiam opinion.

_________________________________________________________________ COUNSEL Ronald Dion Boyd, Appellant Pro Se. Amanda L. Eller, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

_________________________________________________________________ Unpublished opinions are not binding pr ecedent in this circuit. See Local Rule 36(c).

_________________________________________________________________OPINION PER CURIAM: Ronald Boyd appeals the district court's order denying his motion to correct an illegal sentence under Fed. R. Crim. P. 36. We affirm substantially on the reasoning of the district court. See United States v. Boyd , No. CR-97-417-A (E.D. Va. Dec. 15, 1999). To the extentthat Boyd challenged his sentence, his motion should have been construed under 28 U.S.C.A. § 2255 (West Supp. 2000). Even if Boyd's motion were construed as a § 2255 motion, however, it would be untimely filed. See 28 U.S.C.A. § 2255(1). To the extent that Boyd challenged his sentence as executed, his motion should have been construed under 28 U.S.C. § 2241 (1994). Even if Boyd's filing was construed as a § 2241 motion, however, we find he is not entitled to relief. Boyd's claim that he should r eceive credit towards his federal sentence for time served in a federal facility is not properly before us because Boyd has not yet begun to serve that sentence. As for the remainder of Boyd's claims that should be asserted under § 2241, we affirm on the reasoning of the district court.We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court andargument would not aid the decisional process. We deny Boyd's "Motion for Expedited Appeal" as moot. AFFIRMED 2
FOR PUBLICATION



### UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

N ATIONAL A SSOCIATION OF A FRICAN A MERICAN

- O WNED M EDIA , a California limited liability company; E NTERTAINMENT S TUDIOS N ETWORKS , I NC

. , a California corporation, Plaintiffs

- Appellants
,

v.

C OMCAST C ORPORATION , a Pennsylvania corporation, Defendant

- Appellee. No. 16

- 56479

D.C. No. 2:15

- cv

- 01239

- TJH

- MAN

ORDER

Filed February 4, 2019

Before: MARY M. SCHROEDER
, MILAN D. SMITH,

JR.
, and JACQUELINE H. NGUYEN , Circuit Judges.2 NAAAOM V

. C OMCAST

ORDER
The panel unanimously votes to deny the petition for panel rehearing. Judge M. Smith and Judge Nguyen vote to deny the petition for rehearing en banc, and Judge Schroeder so recommends. The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on it. Fed. R. App. P. 35. The petition for panel rehearing and the petition for rehearing en banc are DENIED.
Collection Activity Number of Respondents Number of

Responses per Party Total Number

of Responses Time per

Response Cost per

Response (Dollars) Total Hours Total Cost (Dollars) **Third Party Disclosure** Plantation/Private Forest Owners (10% of 10,000,000) 1,000,000 1 1000000 0.25 41 250000 25750000 Domestic - Mapping of Plantation/Forest Land 1,000,000 1 1000000 0.25 41 250000 25750000 Foreign - Maping of Plantation/Forest Land 30,192 1 30192 0.25 41 7548 777444 Foreign Biofuel Feedstock Producers (3%of the total domestic) 30,192 1 30192 0.25 41 7548 777444 Foreign Biofuels Feedstock Producer - Mapping of Plots 30,192 1 30192 2 103 60384 6219552

**TOTA LS**  **2090576 2090576**  **575480 59274440** 

**As sumptions:** 

Estimates a 10,000,000 population of plantation and private forest owners. We have assumed 1 million owners or 10% to participate in RFS2.

Estimated 1,106,400 persons who claim farming as an occupation and possible producers of feedstock for producers of renewable fuel. We estimated the number of foreign biofuels feedstock producers to be 30,192 which is 3% of the total of domestic feedstock producers

Foreign Biofuels Feedstock Producers (farmers) are required to provide information on the land used to provide feedstock to domestic fuel producers Plantation/Forest private landowners (both foreign and domestic) are required to map land that produces biodiesel fuel form timber resources **Information Collection Burden by Type of Party** Table VI: Biofuels Feedstock Producers