alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Pension Benefit Guaranty Corporation 

82-18 

June 9, 1982 

REFERENCE: 

 [*1] 4021(b)(13) Plans Covered. Professional Service Employer Plans

4021(c)(2)(A) Plans Covered. Definition of Professional Service Employer

4021(c)(2)(B) Plans Covered. Definition of Professional Individuals 

OPINION: 

 This is in response to your inquiry whether the above-referenced pension plan (the "Plan") is exempt from the

termination insurance provisions of the Employee Retirement Income Security Act of 1974 (the "Act") under §

4021(b)(13) as a professional service employer. For the reasons stated herein, we conclude that the Plan is excluded

from Title IV coverage by § 4021(b)(13). 

As you have represented the facts the Plan is maintained by * * *. Fifty-one percent of * * * stock is held by a

licensed pharmacist * * * The balance of 49 percent is held by * * *, a nonprofessional. * * * makes all of the business

decisions for the Company and more than 50 percent of the gross sales of * * * are derived from the sale of prescription

drugs. You have further stated that there are only three participants in the Plan, including * * *. The Plan has had less

then 25 participants at all times. 

Section 4021(b)(13) of the Act excludes from coverage a plan "established and maintained by a professional [*2]

service employer which does not at any time after the date of enactment of this Act have more than 25 active participants

in the plan." Section 4021(c)(2)(A) of the Act provides that a professional service employer is an entity whose principal

business is the performance of professional services, and is owned or controlled by professional individuals or their

executors or administrators. A representative, but not exclusive, list of professional individuals is listed in §

4021(c)(2)(B). 

Pharmacists are not specifically listed in § 4021(c)(2)(B). However, as stated in PBGC Opinion Manual Letter 75-

107, pharmacists must receive formal, specialized schooling and are subject to licensing requirements. In view of these

factors, and the nature of the work performed, it is consistent with the language and intent of the Act to consider

pharmacists professional individuals for the purposes of § 4021(b)(13). Nevertheless, that opinion letter goes on to state

that a pharmaceutical entity is performing a professional service only when preparing and vending prescription drugs;

when a pharmacy sells other items it is acting as does any retail store. Since over 50 percent of * * * gross sales [*3]

are derived from the sale of prescription drugs, its principal business is the performance of professional services. Finally,

51 percent of the stock is owned by * * * a licensed pharmacist. Thus, the business is also owned and controlled by a

professional individual. 

Accordingly, the Plan is excluded from coverage under Title IV of the Act pursuant to § 4021(b)(13). If you have

any question concerning this matter, please call * * * of this Office at (202) 254-4895. 

Henry Rose 

General Counsel
### SUBCHAPTER III—EXPORT PROMOTION PROGRAMS
### **CHAPTER 82—LAND REMOTE SENSING POLICY**
USDA is an equal opportunity provider, employer, and lender.

STAKEHOLDER ANNOUNCEMENT

USDA Announces Improvements to Online Tool to Help Customers Better Assess Eligibility 

for the Single Family Housing Direct Loan Program

WASHINGTON, Oct., 24, 2018 – Assistant to the Secretary for Rural Development Anne Hazlett today 

announced enhancements to the Single Family Housing (SFH) Direct Eligibility Assessment tool found on the 

USDA Income and Property Eligibility Site. The site helps customers make a preliminary determination of 

income and property eligibility for USDA homeownership loans.

With this new enhancement, potential borrowers may now enter information online to determine if the 

USDA SFH Direct Loan program is a good fit for them prior to applying. In just a few minutes, anyone can 

enter general household composition, monthly income, other debts and credit, estimated property taxes, hazard 

insurance, location, and receive a preliminary eligibility determination.

Potential applicants are welcome to submit a complete application for an official determination by USDA 

Rural Development regardless of the eligibility assessment results.

#
#### § 306.3 Badge as identification of inspectors.

Each inspector will be furnished with a numbered official badge, which he shall not allow to leave his possession, and which he shall wear in such manner and at such times as the Administrator may prescribe.

[35 FR 15559, Oct. 3, 1970, as amended at 69 FR 254, Jan. 5, 2004]
In The 

Court of Appeals 

Seventh District of Texas at Amarillo

Nos. 07-13-00234-CR 

 07-13-00235-CR 

 07-13-00236-CR 

 07-13-00237-CR 

 07-13-00238-CR 

 07-13-00239-CR 

 

AARON EDWARD BELL, APPELLANT 

 

V. 

 

THE STATE OF TEXAS, APPELLEE 

 

On Appeal from the 372nd District Court 

Tarrant County, Texas 

Trial Court Nos. 1288725D, 1288726D, 1288727D, 1288728D, 1290870D, 1290871D 

Honorable David Scott Wisch, Presiding 

 

November 13, 2013 

 

ON ABATEMENT AND REMAND 

 

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ. 

Aaron Edward Bell, appellant, appeals his convictions for aggravated assault. 

Appellant timely perfected his appeal. The clerk’s records were filed on July 30, 2013, 

and the reporter’s records on August 29, 2013. Appellant’s brief was due on September 

30, 2013. On October 8, 2013, appellant’s counsel was notified by letter that the brief 
2

was overdue and that unless appellant’s brief was filed on or before October 18, 2013, 

the appeal would be abated. On October 16, 2013, this court received a motion for

extension of time to file the brief, which was granted to October 30, 2013. To date no 

brief or extension of time to file the brief has been filed.

Accordingly, we abate this appeal and remand the cause to the 372nd District 

Court of Tarrant County (trial court) for further proceedings. Upon remand, the trial 

court shall determine the following:

1. whether appellant desires to prosecute the appeal; 

 2. whether appellant is indigent;

3. whether appellant has been denied the effective assistance of counsel 

due to counsel’s failure to file a timely appellate brief; and,

4. why a timely appellate brief has not been filed on behalf of appellant.

The trial court is also directed to enter such orders necessary to address the 

aforementioned questions. So too shall it include its findings on those matters in a 

supplemental record and cause that record to be filed with this court by December 13, 

2013. If it is determined that appellant is indigent and has been denied the effective 

assistance of counsel, the trial court may appoint him new counsel; the name, address 

and phone number of any new counsel appointed shall be included in the 

aforementioned findings. Should further time be needed to perform these tasks, then 

same must be requested before December 13, 2013. 

It is so ordered.

Per Curiam

Do not publish.
#### Chicago and Alton Railroad Company *v.*Martin Rice.

1. New *trial—verdict against the evidence.*A verdict against a railroad company for the killing of a horse on its track, can not be sustained where there is absolutely no evidence on the question of the value of the horse.

2. Negligence. Where a team of horses ran away from their driver, and got upon a railroad track, in an incorporated town, where the company was not required by law to fence its track, and ran along the track until they fell into an old cattle-guard, and a freight train came along, and the engine-driver did all that he could to stop his train as soon as he saw the team, but was unable to do so, and the train ran ox'er and injured the horses, it was *held,*that there was no negligence on the part of the company, and that a recovery against it could not be maintained.

Appeal from the Circuit Court of McLean county; the Hon. Thomas F. Tipton, J udge, presiding.

Messrs. Williams, Burr & Capen, for the appellant.

Mr. James P. Grove, for the appellee.

Mr. Justice Scott

delivered the opinion of the Court:

There seems to be a total want of evidence to support the verdict in this case. The evidence fails to show the value of the horse alleged to have been killed on appellant’s road. There is absolutely no evidence on this question. This point is alone .conclusive as to thepresent judgment; but we are unable to perceive that the company has been guilty of the slightest negligence. The accident which produced the death of appellee’s horse must be attributed to his own want of due care. The horse that was killed was one of a team, and the first that was seen of them, they were discovered running away with a wagon. This was within the corporate limits of the town of Normal. They had left'the traveled street, and were running upon the track of appellant’s road. How they *568got away from the driver, is not shown by the evidence. After following the track for some considerable distance, the horses fell into an old cattle-guard, at the Main street crossing, and a freight-train, following close behind them, passed over and killed one of them. The accident occurred just before daylight, and it distinctly appears that, as soon as the wagon and horses were discovered, the engine-driver did everything in his power to stop the train, but was unable to do so in time to avoid a collision. The place where the horses got on the track was within the corporate limits of Normal, at a point where the company was not required by law to fence its road.

In no view that can be taken can this judgment be sus-, tained, and it is accordingly reversed and the cause remanded.

*Judgment reversed.*
### §1679i. Statute of limitations

Any action to enforce any liability under this subchapter may be brought before the later of—

(1) the end of the 5-year period beginning on the date of the occurrence of the violation involved; or

(2) in any case in which any credit repair organization has materially and willfully misrepresented any information which—

(A) the credit repair organization is required, by any provision of this subchapter, to disclose to any consumer; and

(B) is material to the establishment of the credit repair organization's liability to the consumer under this subchapter,

the end of the 5-year period beginning on the date of the discovery by the consumer of the misrepresentation.

(Pub. L. 90–321, title IV, §411, as added Pub. L. 104–208, div. A, title II, §2451, Sept. 30, 1996, 110 Stat. 3009–461.)

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section applicable after the end of the 6-month period beginning on Sept. 30, 1996, except with respect to contracts entered into by a credit repair organization before the end of such period, see section 413 of Pub. L. 90–321, as added by Pub. L. 104–208, set out as a note under section 1679 of this title.
USDA is an equal opportunity lender, provider, and employer.

Rural Development

Joaquin Altoro

Administrator

Rural Housing Service

1400 Independence Ave, SW

Room 5014-S

Washington, D.C. 20250

Telephone: (202) 692-0268

Until further notice, Single Family Housing is maintaining the appraisal fee of $750

and the conditional commitment fee of $825 under the direct programs. These fees

reflect current appraisal market research for origination appraisals in rural areas and 

incorporates the average cost of appraisals under the program’s current nationwide 

contracts with Appraisal Management Companies. 

For any questions regarding this memorandum, please contact 

Jeremy.Anderson@usda.gov. A copy of this memorandum will be posted to the 

Directives web site (Unnumbered Letters | Rural Development (usda.gov) and 

placed in the Single Family Direct Training Hub in the Appraisal Training folder.

 

EXPIRATION DATE: FILING INSTRUCTIONS:

February 28, 2024 Housing Programs

TO: State Directors

Rural Development

ATTN: All Single Family Housing Direct

State and Field Employees

FROM: Joaquin Altoro

Administrator

Rural Housing Service

SUBJECT: Single Family Housing Direct Program Fees for Origination 

Appraisals and Conditional Commitments
§ 310.27 Attestation requirements. Each establishment that participates in the NSIS must submit on an annual basis an attestation to the management member of the local FSIS circuit safety committee stating that it maintains a program to monitor and document any work-related conditions of establishment workers, and that the program includes the following elements: ( a ) Policies to encourage early reporting of symptoms of injuries and illnesses, and assurance that it has no policies or programs in place that would discourage the reporting of injuries and illnesses.
( b ) Notification to employees of the nature and early symptoms of occupational illnesses and injuries, in a manner and language that workers can understand, including by posting in a conspicuous place or places where notices to employees are customarily posted, a copy of the FSIS/OSHA poster encouraging reporting and describing reportable signs and symptoms.
( c ) Monitoring, on a regular and routine basis, injury and illness logs, as well as nurse or medical office logs, workers' compensation data, and any other injury or illness information available.
[84 FR 52349, Oct. 1, 2019]
#### § 166.8 Vehicles used to transport garbage.

Vehicles used by a licensee to transport untreated garbage, except those that have also been used to treat the garbage so moved, shall not be used for hauling animals or treated garbage until cleaned and disinfected as set forth in § 166.14(c) of this part.

[47 FR 49945, Nov. 3, 1982, as amended at 52 FR 4890, Feb. 18, 1987]
[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Notices]
[Page 13227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5480]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-71,433]


Syncreon USA, Formerly Known as TDS US Automotive, Belvidere, IL; 
Amended Certification Regarding Eligibility To Apply for Worker 
Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974, as amended 
(``Act''), 19 U.S.C. 2273, the Department of Labor issued a 
Certification of Eligibility to Apply for Worker Adjustment Assistance 
on March 12, 2010, applicable to workers of Syncreon USA, Belvidere, 
Illinois. The workers provide metering, sequencing, kitting, and 
delivery services. The notice was published in the Federal Register on 
April 23, 2010 (75 FR 21353).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. New information shows 
that some workers separated from employment at Syncreon USA had their 
wages reported through a separate unemployment insurance (UI) tax 
account under the name TDS US Automotive.
    Accordingly, the Department is amending this certification to 
properly reflect this matter.
    The amended notice applicable to TA-W-71,433 is hereby issued as 
follows:

    All workers of Syncreon USA, formerly known as TDS US 
Automotive, Belvidere, Illinois, who became totally or partially 
separated from employment on or after June 16, 2008, through March 
12, 2012, and all workers in the group threatened with total or 
partial separation from employment on the date of certification 
through two years from the date of certification, are eligible to 
apply for adjustment assistance under Chapter 2 of Title II of the 
Trade Act of 1974, as amended.

    Signed at Washington, DC, this 24th day of February, 2011.
Michael W. Jaffe,
Certifying Officer, Office of Trade Adjustment Assistance.
[FR Doc. 2011-5480 Filed 3-9-11; 8:45 am]
BILLING CODE 4510-FN-P
### §1636. Repealed. Pub. L. 96–221, title VI, §614(e)(1), Mar. 31, 1980, 94 Stat. 180

Section, Pub. L. 90–321, title I, §126, May 29, 1968, 82 Stat. 153, related to contents of periodic statements.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of Repeal

Repeal effective on expiration of two years and six months after Mar. 31, 1980, with all regulations, forms, and clauses required to be prescribed to be promulgated at least one year prior to such effective date, and allowing any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of Pub. L. 96–221, set out as an Effective Date of 1980 Amendment note under section 1602 of this title.
NO. 07-09 -012 3-CV IN THE CO URT OF APPEA LS FO R THE S EVEN TH D ISTRI CT O F TEXAS

AT AM AR ILLO PAN EL A JU NE 17, 2009

_________

_________

_________

___ IN THE IN TERES T OF D. C. R. AN D K.S. R. , C HI LDR EN

_________

_________

_________

______ FRO M T HE 28 6 T H DI ST RI CTCOU RTOF HO CK L EY CO UNT Y; NO . 00- 02- 17934; HO NO RA BLE P AT PH ELAN , J UD GE

_________

_________

_________

____ Before CAMPBE LL a nd HANCOCK an d PIRT LE, JJ. ME MO RA ND UM OPI NI ON Appel lan t, Reb ecc a Mi chel e W il li s, per fected thisappeal f ro m the tr ial co urt’ s o rd er mo dif y ing the child sup port ob lig ation of Appe llee, Israel Loa Re y na. Pen ding before this Court is W illis’ s Motion f or V olun tary Dismissal in w hic h she re presents t hat s he no lon g er wish e s to pursue thi s a ppeal . The Ce rt ific ate o f Conferen ce re flects t hat R ey na ag re es with the mer its o f the moti on. No deci si on of thi s C our t hav ing been del ivered, we g ra nt2

the mot ion and dis mis s t he appe al. Tex . R . Ap p. P. 42.1( a) (1 ). N o moti on for re hear ing w il l be ent ertai ned and our mandate w il l is sue forthw it h. Acc ordin g ly , t he appe al isdi smi ss ed. Pat rick A. Pirtle Justice
HB-1-3550

APPENDIX 9

SINGLE FAMILY HOUSING DIRECT INCOME LIMITS

AVAILABLE ONLINE AT:

https://www.rd.usda.gov/files/RD-DirectLimitMap.pdf

Appendix 9, Page 1 of 1

(01-23-03) SPECIAL PN

Revised (05-04-20) SPECIAL PN
<PAGE>

                                                                 EXHIBIT 15.1







                     Report of Independent Accountants
                     ---------------------------------



To the Board of Directors and Shareholder of
Toyota Motor Credit Corporation


We have reviewed the accompanying consolidated balance sheet and the related 
consolidated statements of income and of cash flows of Toyota Motor Credit 
Corporation (a wholly owned subsidiary of Toyota Motor Sales, U.S.A., Inc.) and
its subsidiaries as of and for the three-month and nine-month periods ended 
June 30, 1998 and 1997.  This financial information is the responsibility of 
the Company's management.

We conducted our review in accordance with standards established by the 
American Institute of Certified Public Accountants.  A review of interim 
financial information consists principally of applying analytical procedures 
to financial data and making inquiries of persons responsible for financial 
and accounting matters.  It is substantially less in scope than an audit 
conducted in accordance with generally accepted auditing standards, the 
objective of which is the expression of an opinion regarding the financial 
statements taken as whole.  Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that 
should be made to the accompanying financial information for it to be in 
conformity with generally accepted accounting principles.

We previously audited in accordance with generally accepted auditing standards,
the consolidated balance sheet as of September 30, 1997, and the related 
consolidated statements of income, of shareholder's equity and of cash flows 
for the year then ended (not presented herein), and in our report dated 
October 31, 1997 we expressed an unqualified opinion on those consolidated 
financial statements.  In our opinion, the information set forth in the 
accompanying consolidated balance sheet information as of September 30, 1997, 
is fairly stated in all material respects in relation to the consolidated 
balance sheet from which it has been derived.







/S/ PRICEWATERHOUSECOOPERS LLP
Los Angeles, California
August 13, 1998
II 

116TH CONGRESS 

2D SESSION S. 5080 

To amend the Internal Revenue Code of 1986 to require oil polluters to 

pay the full cost of oil spills, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2020 

Mr. MENENDEZ (for himself, Mr. BOOKER, Mr. BLUMENTHAL, Mr. REED, 

Mr. MARKEY, Ms. KLOBUCHAR, Mrs. FEINSTEIN, Mr. MERKLEY, Mr. 

DURBIN, and Mrs. GILLIBRAND) introduced the following bill; which was 

read twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to require 

oil polluters to pay the full cost of oil spills, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Big Oil Bailout Pre5 vention Trust Fund Act of 2020’’. 

6 SEC. 2. OIL SPILL LIABILITY TRUST FUND. 

7 (a) LIMITATIONS ON EXPENDITURES AND AUTHOR8 ITY TO BORROW.—Section 9509 of the Internal Revenue 

9 Code of 1986 is amended— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 5080 IS

1 (1) in subsection (c)— 

2 (A) by striking paragraph (2); 

3 (B) by striking ‘‘EXPENDITURES’’ and all 

4 that follows through ‘‘Amounts in’’ and insert5 ing ‘‘EXPENDITURES.—Amounts in’’; and 

6 (C) by redesignating subparagraphs (A) 

7 through (F) as paragraphs (1) through (6), re8 spectively, and indenting appropriately; 

9 (2) in subsection (d)— 

10 (A) by striking paragraph (2); 

11 (B) by redesignating paragraph (3) as 

12 paragraph (2); and 

13 (C) in paragraph (2), as so redesignated— 

14 (i) by striking subparagraph (B); and 

15 (ii) by redesignating subparagraph 

16 (C) as subparagraph (B); and 

17 (3) in subsection (e)(3)— 

18 (A) by striking ‘‘(or is unable by reason of 

19 subsection (c)(2))’’; and 

20 (B) by striking ‘‘and such subsection’’. 

21 SEC. 3. ADVANCE PAYMENTS. 

22 Section 1012 of the Oil Pollution Act of 1990 (33 

23 U.S.C. 2712) is amended by adding at the end the fol24 lowing: 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 5080 IS

1 ‘‘(m) ADVANCE PAYMENTS.—The President shall 

2 promulgate regulations that allow advance payments to be 

3 made from the Fund to States and political subdivisions 

4 of States for actions taken to prepare for and mitigate 

5 substantial threats from the discharge of oil.’’. 

6 SEC. 4. BUDGETARY EFFECTS. 

7 The budgetary effects of this Act, for the purpose of 

8 complying with the Statutory Pay-As-You-Go Act of 2010, 

9 shall be determined by reference to the latest statement 

10 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

11 Act, submitted for printing in the Congressional Record 

12 by the Chairman of the Senate Budget Committee, pro13 vided that such statement has been submitted prior to the 

14 vote on passage. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
Exhibit 32.2
  CERTIFICATION
OF
 CHIEF FINANCIAL
OFFICER
 PURSUANT
TO 18 U.S.C. SECTION 1350
  In
connection with this Quarterly Report of Mega
Media Group, Inc. (the “Company”) on Form 10-Q for the period
ending April 30, 2009, as filed with the Securities and Exchange Commission
on the date hereof (the “Report”), I, Gennady
Pomeranets, Chief Financial Officer of the Company,
certifies to the best of his knowledge, pursuant to 18 U.S.C. Sec. 1350, as
adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002,
that:
  1. Such
Quarterly Report on Form 10-Q for the period ending April 30, 2009, fully
complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934; and
  2. The
information contained in such Quarterly  Report on Form 10-Q for the
period ending April 30, 2009, fairly presents, in all material respects,
the financial condition and results of operations of Mega Media Group,
Inc.
  By:
                /s/Gennady
      PomeranetsGENNADY
      POMERANETSChief Financial
      Officer,Date:
                June
      19, 2009