alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 76, Number 76 (Wednesday, April 20, 2011)]
[Notices]
[Page 22168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9586]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 1 Taxpayer Advocacy Panel (Including the 
States of New York, New Jersey, Connecticut, Massachusetts, Rhode 
Island, New Hampshire, Vermont and Maine)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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SUMMARY: An open meeting of the Area 1 Taxpayer Advocacy Panel will be 
conducted. The Taxpayer Advocacy Panel is soliciting public comments, 
ideas and suggestions on improving customer service at the Internal 
Revenue Service.

DATES: The meeting will be held Tuesday, June 14, 2011.

FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or 
718-488-3557

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Area 1 Taxpayer Advocacy Panel will be held 
Tuesday, June 14, 2011, at 10 a.m. Eastern Time via telephone 
conference. The public is invited to make oral comments or submit 
written statements for consideration. Due to limited conference lines, 
notification of intent to participate must be made with Marisa Knispel. 
For more information please contact Ms. Knispel at 1-888-912-1227 or 
718-488-3557, or write TAP Office, 10 MetroTech Center, 625 Fulton 
Street, Brooklyn, NY 11201, or contact us at the Web site: http://www.improveirs.org.
    The agenda will include various IRS issues.

    Dated: April 15, 2011.
Shawn Collins,
Director, Taxpayer Advocacy Panel.
[FR Doc. 2011-9586 Filed 4-19-11; 8:45 am]
BILLING CODE 4830-01-P
Editorial Note on Part 606
Editorial Note: Nomenclature changes to part 606 appear at 71 FR 35513, June 21, 2006.

§ 606.23 Avoidance of tax credit reduction. ( a ) *Applicability.* Subsection (g) of section 3302 of FUTA authorizes a State to avoid a tax credit reduction for a taxable year by meeting the three requirements of subsection (g). These requirements are met if the OWS Administrator determines that: ( 1 ) Advances were repaid by the State during the one-year period ending on November 9 of the taxable year in an amount not less than the sum of— ( i ) The potential additional taxes (as estimated by the OWS Administrator) that would be payable by the State's employers if paragraph (2) of section 3302(c) of FUTA were applied for such taxable year (as estimated with regard to the cap on tax credit reduction for which the State qualifies under §§ 606.20 to 606.22 with respect to such taxable year), and
( ii ) Any advances made to such State during such one-year period under title XII of the Social Security Act;
( 2 ) There will be adequate funds in the State unemployment fund (as estimated by the OWS Administrator) sufficient to pay all benefits when due and payable under the State law during the three-month period beginning on November 1 of such taxable year without receiving any advance under title XII of the Social Security Act; and
( 3 ) There is a net increase (as estimated by the OWS Administrator) in the solvency of the State unemployment compensation system for the taxable year and such net increase equals or exceeds the potential additional taxes for such taxable year as estimated under paragraph (a)(1)(i) of this section.
( b ) *Net increase in solvency.* ( 1 ) The net increase in solvency for a taxable year, as determined for the purposes of paragraph (a)(3) of this section, must be attributable to legislative changes made in the State law after the later of— ( i ) September 3, 1982, or
( ii ) The date on which the first advance is taken into account in determining the amount of the potential additional taxes.
( 2 ) The OWS Administrator shall determine the net increase in solvency by first estimating the difference between revenue receipts and benefit outlays under the law in effect for the year for which avoidance is requested, as if the relevant changes in State law referred to in paragraph (b)(1) of this section were not in effect for such year. The OWS Administrator shall then estimate the difference between revenue receipts and benefit outlays under the law in effect for the year for which the avoidance is requested, taking into account the relevant changes in State law referred to in paragraph (b)(1) of this section. The amount (if any) by which the second estimated difference exceeds the first estimated difference shall constitute the net increase in solvency for the purposes of this section.
( c ) *Year taken into account.* If a State qualifies for avoidance for any year, that year and January 1 of that year to which the avoidance applies will be taken into account for purposes of determining reduction of tax credits for subsequent taxable years.
#### James A. BURKETT, Plaintiff-Appellant, v. BEAULIEU OF AMERICA, INC., Defendant, Beaulieu Group, LLC, Defendant-Appellee.

No. 05-15126

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Feb. 22, 2006.

Anita B. Hardeman, Steven Franklin Dobson, Burnette, Dobson *&*Hardeman, Chattanooga, TN, for Plaintiff-Appellant.

*896Donna L. Keeton, Robert T. Quackenboss, Hunton & Williams, LLP, Atlanta, GA, for Defendant-Appellee.

Before MARCUS, WILSON and COX, Circuit Judges.

PER CURIAM:

James A. Burkett appeals the district court’s grant of summary judgment to Beaulieu Group, LLC, on Burkett’s claim under the Family and Medical Leave Act (the “FMLA”), 29 U.S.C. § 2601*et seq.*Burkett exercised his right to FMLA leave for twelve weeks in 2003. As authorized by 29 C.F.R. § 825.311(c), Beaulieu required each employee taking advantage of FMLA leave to provide Beaulieu with a proper “fitness-for-duty certificate” as a condition precedent to returning to work. The district court held that Burkett did not timely provide this certificate to Beau-lieu, and that Beaulieu was therefore justified in terminating Burkett after his leave period expired.

We agree with the district court that Burkett failed to provide Beaulieu with the required certificate until well after the expiration of his FMLA leave period. Burkett contends that his doctor’s August 18, 2003 certification of his incapacity to work from June 13, 2003 to September 5, 2003 served as the required certification. However, the certification contemplated by 29 C.F.R. § 825.311(c) must be provided “at the time the employee seeks reinstatement at the end of FMLA leave taken for the employee’s serious health condition.” Clearly, the purpose of this provision is to ensure that a doctor makes an independent determination near the end of the leave period that the employee is no longer incapacitated and can return to work. A doctor’s good-faith prediction-made weeks before the employee’s return date-that the employee will then no longer be incapacitated does not serve this purpose.

It is undisputed in this case that Beau-lieu made Burkett aware even after the doctor’s August 18 certification that he would need to provide a separate fitness-for-duty certificate before returning to work. Burkett did not provide Beaulieu with the required certificate until October 6, 2003. The FMLA regulations grant an employer discretion to terminate an employee who fails to comply with a broadly applicable policy requiring a fitness-for-duty certificate prior to returning to work. 29 C.F.R. § 825.311(c). Beaulieu’s policy was to not allow employees to return to work without providing a fitness-for-duty certificate, and Burkett failed to comply with this policy. As a result, Beaulieu terminated him pursuant to its policy and 29 C.F.R. § 825.311(c). Thus, the district court did not err in granting summary judgment to Beaulieu on Burkett’s FMLA claim.

Accordingly, we affirm the judgment of the district court awarding summary judgment to Beaulieu.

AFFIRMED.
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LOW MEAN

UNITED STATES DEPARTMENT OF THE INTERIOR

U.S. BUREAU OF RECLAMATION-CENTRAL VALLEY PROJECT-CALIFORNIA

APRIL 2017 WATER QUALITY REPORT RUN DATE: May 3, 2017

ELECTRICAL CONDUCTIVITY, UMHOS 

Comments:

0 reading indicates that the station was out of service.

SAN ANDREAS ON THE SAN JOAQUIN RIVER
EXHIBIT 31.2


                            CERTIFICATION


I, David R. Saracino, Treasurer and Chief Financial Officer,
certify, that:

     1.   I have reviewed this quarterly report on Form 10 Q for the
period ended March 31, 2004, of First Keystone Corporation.

    2.   Based on my knowledge, the quarterly report does not
contain any untrue statement of a material fact or omit to state a
material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading
with respect to the period covered by this quarterly report.

    3.   Based on my knowledge, the financial statements, and
other financial information included in this quarterly report,
fairly present in all material respects the financial condition,
results of operations and cash flows of the registrant as of, and
for, the periods presented in this quarterly report.

    4.   The registrant's other certifying officer and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for
the registrant and we have:

       a)   designed such disclosure controls and procedures to
    ensure that material information relating to the registrant,
    including its consolidated subsidiaries, is made known to us
    by others within those entities, particularly during the
    period in which this quarterly report is being prepared;

       b)   evaluated the effectiveness of the registrant's
    disclosure controls and procedures as of a date within 90 days
    prior to the filing date of this quarterly report (the
    "Evaluation Date"); and

       c)   presented in this quarterly report our conclusions
    about the effectiveness of the disclosure controls and
    procedures based on our evaluation as of the Evaluation Date.

    5.   The registrant's other certifying officer and I have
disclosed, based on our most recent evaluation, to the registrant's
auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent function):

       a)   all significant deficiencies in the design or
    operation of the internal controls which could adversely
    affect the registrant's ability to record, process, summarize
    and report financial data and have identified for the
    registrant's auditors any material weaknesses in internal
    controls; and

       b)   any fraud, whether or not material, that involves
    management or other employees who have a significant role in
    the registrant's internal controls.



                            /s/ David R. Saracino
                            David R. Saracino
                            Treasurer and Chief Financial Officer


May 5, 2004


                                25
#### Rose McCarthy et al., as Administratrices of the Estate of John McCarthy, Deceased, Respondents, v. City of New York et al., Appellants.

Judgment unanimously affirmed, with costs. No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Van Voorhis, JJ. [See post, p. 1007.]
### §284a. Governor, executive director, and alternates of Association

The Governor and Executive Director of the International Bank for Reconstruction and Development, and the alternate for each of them, appointed under section 286a of this title, shall serve as Governor, Executive Director and alternates, respectively, of the Association.

(Pub. L. 86–565, §3, June 30, 1960, 74 Stat. 293.)
EXHIBIT 21.1

AMERICAN TIRE DISTRIBUTORS HOLDINGS, INC.

Chart of Subsidiaries



|                                             |  |                       
|-------------------------------------------- |  | ----------------------
|Company                                      |  | State of Incorporation
|                                             | 
|American Tire Distributors Holdings, Inc.    |  | Delaware              
|American Tire Distributors, Inc.             |  | Delaware              
|The Speed Merchant, Inc.                     |  | California            
|T.O. Haas Holding Co.                        |  | Nebraska              
|T.O. Haas Tire Company                       |  | Nebraska              
|Texas Market Tire Holdings I, Inc.           |  | Texas                 
|Texas Market Tire, Inc.                      |  | Texas                 
|Target Tire, Inc.                            |  | North Carolina        
|Wholesale Tire Distributors, Inc.            |  | Utah                  
|Farm Tire Supply Co., Inc.                   |  | Utah                  
|Wholesale Tire Distributors of Idaho, Inc.   |  | Idaho                 
|Wholesale Tire Distributors of Wyoming, Inc. |  | Wyoming
### §262n–2. Financing projects for production of export commodities, products, or minerals in surplus in world markets discouraged; instructions by Secretary of the Treasury to United States Executive Directors

(a) The Secretary of the Treasury shall take all appropriate steps to discourage multilateral development banks from financing projects which will result in the production of commodities, products, or minerals for export that will be in surplus in world markets at the time such production begins.

(b) The Secretary of the Treasury shall instruct the United States Executive Directors of the multilateral development banks to use the voice and vote of the United States in the respective banks—

(1) to oppose financing by the respective bank of projects which produce, or will produce, commodities, products, or minerals for export if—

(A) the commodity, product, or mineral is subsidized in a manner which is inconsistent with Article XVI.3 of the GATT 1994 as defined in section 3501(1)(B) of title 19, or Article 3.1(a) of the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19; and

(B) support from financial sources other than multilateral development banks does not accompany such financing; and

(2) to oppose financing by the respective bank for production of a commodity, product, or mineral for export which—

(A) is likely to be in surplus on world markets at the time such production begins; and

(B) when exported, is likely to cause injury to United States producers within the meaning of Article 15 of the Agreement on Subsidies and Countervailing Measures referred to in subparagraph (A).

(Pub. L. 95–118, title XIV, §1403, as added Pub. L. 100–202, §101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134; amended Pub. L. 106–36, title I, §1002(b), June 25, 1999, 113 Stat. 133.)

#### **Editorial Notes**

#### Codification

Section 1403 of Pub. L. 95–118 is based on section 701 of title VII of H.R. 3750, One Hundredth Congress, as introduced Dec. 11, 1987, and enacted into law by Pub. L. 100–202.

#### Amendments

1999—Subsec. (b)(1)(A). Pub. L. 106–36, §1002(b)(1), substituted "GATT 1994 as defined in section 3501(1)(B) of title 19, or Article 3.1(a) of the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of title 19" for "General Agreement on Tariffs and Trade or Article 10 of the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade".

Subsec. (b)(2)(B). Pub. L. 106–36, §1002(b)(2), substituted "Article 15 of the Agreement on Subsidies and Countervailing Measures referred to in subparagraph (A)" for "Article 6 of the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade".

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

#### Definitions

The definitions in section 262p–5 of this title apply to this section.
Editorial Note on Part 655
Editorial Note: Nomenclature changes to part 655 appear at 71 FR 35521, 35522, June 21, 2006.

§ 655.453 Denied certification. If an electronically filed TLC is denied, the CO will send the Final Determination notice to the employer and a copy, if applicable, to the employer's agent or attorney using an electronic method(s) designated by the OFLC Administrator. For employers permitted to file by mail as set forth in § 655.420(c), the CO will send the Final Determination notice by first class mail. The Final Determination notice will: ( a ) State the reason(s) certification is denied, citing the relevant regulatory standards;
( b ) Offer the employer an opportunity to request administrative review of the denial under § 655.461; and
( c ) State that if the employer does not request administrative review in accordance with § 655.461, the denial is final, and the Department will not accept any appeal on that *CW-1 Application for Temporary Employment Certification.*
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Agriculture

###### Forest Service

# AGENCY:

Forest Service, USDA.

# ACTION:

Notice of meeting.

# SUMMARY:

The Shoshone Resource Advisory Committee (Committee) will meet in Thermopolis, Wyoming. The Committee is meeting as authorized under the Secure Rural Schools and Community Self-Determination Act (Pub. L 110-343) and in compliance with the Federal Advisory Committee Act. The purpose of the meeting is to continue to review Title II project proposals and start selecting some to recommend to the Designated Federal Official.

# DATES:

The meeting will be held May 4, 2011, 9 a.m.

# ADDRESSES:

The meeting will be held at Big Horn Federal Savings, 643 Broadway, Thermopolis, Wyoming.

# FOR FURTHER INFORMATION CONTACT:

Olga Troxel, Resource Advisory Committee Coordinator, Shoshone National Forest Supervisor's Office, (307) 578-5164.

Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through Friday.

# SUPPLEMENTARY INFORMATION:

The meeting is open to the public. The following business will be conducted: (1) Continue to review Title II project proposals (2) Start selecting projects to recommend to the Designated Federal Official (3) Make a decision on travel reimbursements for RAC members. Persons who wish to bring related matters to the attention of the Committee may file written statements with the Committee staff before or after the meeting. Public input sessions will be provided.

Dated: April 8, 2011.

Joseph G. Alexander,

Forest Supervisor.

[FR Doc. 2011-9763 Filed 4-21-11; 8:45 am]

BILLING CODE 3410-11-M
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(May 12, 1943.)

#### The People of the State of New York ex rel. Henry J. Kleinger, Respondent, against William Hunt, as Warden of Attica State Prison, Appellant.

Present — Crosby, P. J., .Cunningham, Taylor, Harris and McCurn, JJ.