alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
B.C.D. 02-68

OCT 0 1 2002

EMPLOYER STATUS DETERMINATION

S&L Railroad, LLC

Sidney & Lowe Railroad, Inc. (B.A. No. 3765)

This is a determination ofthe Railroad Retirement Board concerning the status of

S&L Railroad, LLC (S&L) and the continuing status of Sidney & Lowe Railroad,

Inc. (SLR), B.A. No. 3765, as employers under the Railroad Retirement Act (45

U.S.C. § 231 et seg.) (RRA) and the Railroad Unemployment Insurance Act (45

U.S.C. § 351 et seg.) (RUIA). SLR was ruled to be an employer under the RRA

and RUIA effective July 29, 1982.

According to Mr. Laine Spruiell, Vice President and Controller of Progress Rail

Services, the parent company of SLR, effective July 29, 2002, S&L acquired all of

the assets and liabilities ofthe Sidney and Lowe Railroad, Inc. (SLR). S&L is

continuing the operations of SLR and will continue to use the trade name, Sidney

& Lowe Railroad. In Surface Transportation Board (STB) Finance Docket No.

34228, service date August 8, 2002, S&L filed a notice of exemption to acquire 

from Progress Rail Services Corporation and operate approximately 11 miles ofrail

line and connecting track known as the Sidney & Lowe Railroad Line extending

from milepost 0 at Huntsman, NE, where it connects with a rail line ofthe 

Burlington Northern and Santa Fe Railway Company (BA 1621), to milepost 10 at

Brownson, NE, where it connects with a rail line ofthe Union Pacific Railroad

Company (BA 1713). Both the Burlington Northern Santa Fe and the Union

Pacific are employers under the Acts engaged in interstate rail transportation.

According to the STB decision, S&L will qualify as a Class III rail carrier and its 

annual revenues will not exceed $5 million annually.

Section 1(a)(1) ofthe Railroad Retirement Act (45 U.S.C. § 231(a)(1)), insofar as 

relevant here, defines a covered employer as:

(i) any carrier by railroad subject to the jurisdiction ofthe Surface

Transportation Board under Part A ofsubtitle IV oftitle 49, United States

Code;

Section 1 ofthe RUIA contains essentially the same definition, as does section 3231

ofthe Railroad Retirement Tax Act.

BA# 3765
-2-

S&L Railroad, LLC

Sidney & Lowe Railroad, Inc. (B.A. No. 3765)

The evidence ofrecord establishes that S&L Railroad, LLC is a rail carrier

operating in interstate commerce. Accordingly, it is determined that S&L Railroad,

LLC became an employer within the meaning ofsection 1 (a)( 1 )(i) ofthe Railroad

Retirement Act and the corresponding provision oftheRailroad Unemployment 

Insurance Act effective July 29, 2002. The Board also finds that the Sidney &

Lowe Railroad, Inc. ceased being an employer under the RRA and RUIA effective

that same date.
### §20342. Federal immunity

#### (1) In general

Notwithstanding any other provision of law, any individual making a good faith report to appropriate authorities of a suspected or known instance of child abuse or neglect, or who otherwise, in good faith, provides information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect shall not be subject to civil liability or criminal prosecution, under any Federal law, rising from making such report or providing such information or assistance.

#### (2) Presumption of good faith

In a Federal civil action or criminal prosecution brought against a person based on the person's reporting a suspected or known instance of child abuse or neglect, or providing information or assistance with respect to such a report, as described in paragraph (1), there shall be a presumption that the person acted in good faith.

#### (3) Costs

If the defendant prevails in a Federal civil action described in paragraph (2), the court may award costs and reasonable attorney's fees incurred by the defendant.

(Pub. L. 115–424, §3(b), Jan. 7, 2019, 132 Stat. 5470.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Victims of Child Abuse Act Reauthorization Act of 2018, and not as part of the Victims of Child Abuse Act of 1990 which comprises this chapter.
# L_2016205EN.01000101.xml

| 30.7.2016 | EN | Official Journal of the European Union | L 205/1 |
| --- | --- | --- | --- |

30.7.2016

EN

Official Journal of the European Union

L 205/1

---

Information concerning the entry into force of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, on a Framework Agreement between the European Union and the Republic of Azerbaijan on the general principles for the participation of the Republic of Azerbaijan in Union programmes

The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, on a Framework Agreement between the European Union and the Republic of Azerbaijan on the general principles for the participation of the Republic of Azerbaijan in Union programmes (1), signed in Baku on 14 June 2014, enters into force on 1 August 2016 in accordance with Article 10(1) of the Protocol.

1

---

(1)  
  OJ L 19, 24.1.2015, p. 4.

1

---
### §883k. Acquisition of land for facilities

For fiscal year 1990 and hereafter funds appropriated under this heading shall be available for acquisition of land for facilities.

(Pub. L. 101–162, title I, Nov. 21, 1989, 103 Stat. 992.)

#### **Editorial Notes**

#### References in Text

Funds appropriated under this heading, referred to in text, refers to funds appropriated under the headings "National Oceanic and Atmospheric Administration" and "operations, research, and facilities" of title I, "Department of Commerce", of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990, Pub. L. 101–162.
§ 550.1008 Employee separation or transfer. ( a ) Upon an employee's separation from Federal service or transfer to another Federal agency, the losing agency must compensate the employee for any positive balance of earned religious compensatory time off to his or her credit. The agency must pay the employee for hours of earned religious compensatory time off at the hourly rate of basic pay in effect at the time religious compensatory time off was earned.
( b ) For an employee who has a negative balance of religious compensatory time off upon an employee's separation from Federal service or transfer to another Federal agency, the losing agency may take corrective action to eliminate or reduce the negative balance by making a corresponding reduction in the employee's balance of annual leave, earned credit hours, compensatory time off in lieu of regular overtime pay, compensatory time off for travel, or time-off awards. An agency may determine the order of precedence for applying the various types of paid time off to offset the negative balance. Any negative balance of religious compensatory time off remaining after any charging of these types of paid time off must be resolved by charging the employee leave without pay, which would result in an indebtedness that is subject to the agency's internal debt collection procedures.
( c ) For purposes of applying paragraphs (a) and (b) of this section, an hourly rate of basic pay is computed by dividing the annual rate of basic pay by 2,087 hours (or 2,756 hours for firefighter hours subject to that divisor under subpart F of this part).
#### William R. Walker v. Ike Juryan.

Application denied, with ten dollars costs. Order signed. Present — Ingraham, P. J., McLaughlin, Scott, Dowling and Hotchkiss, JJ.
No. 07-106 August 21, 2007

   NRC AMENDS ITS REGULATIONS TO REQUIRE E-FILINGIN ALL AGENCY HEARINGS 

The U.S. Nuclear Regulatory Commission is amending its regulations to require electronic submissionsin almost all agency hearings, consistent with the existing rules governing the high-level radioactive wasterepository application proceeding. The rule will become effective Oct. 15, 2007, and will apply to newproceedings noticed on or after that date. 

The Commission expects the new rule will allow NRC adjudicatory proceedings to be expedited andthe costs reduced.

Under the new rule, documents in agency adjudications would need to be electronically submittedthrough the agency’s Electronic Information Exchange to the E-Submittal system. Exceptions would be made toallow paper filings if parties can show “good cause” not to file electronically. For more information about theE-Submittal system or to file electronically, go to: http://www.nrc.gov/site-help/e-submittals.html. 

The new rule builds on developments in the federal courts as well as previous NRC rules and creates auniform system for electronic submissions. Since 2001, the NRC has encouraged power reactor licensees tosubmit documents either through an electronic information exchange system or on CD-Rom. In 2003, the NRCissued a final rule that allowed licensees, vendors, applicants and members of the public to submit documents,including Freedom of Information Act requests, in an electronic format. Almost all parties in adjudicatoryproceedings currently file by electronic mail, but also must submit paper copies of their filings. This ruleeliminates the paper copy requirement. 

The final rule and related documents are available through the NRC’s rulemaking Web page, athttp://ruleforum.llnl.gov. 

###

News releases are available through a free list serve subscription at the following Web address: http://www.nrc.gov/public-involve/listserver.html . The NRC homepage at www.nrc.gov also offers a SUBSCRIBE link. E-mail notifications are sent to subscribers when news releases are posted to NRC's Web site.

NRC NEWS  U.S. NUCLEAR REGULATORY COMMISSION   

Office of Public Affairs              Telephone: 301/415-8200

Washington, D.C. 20555-0001       E-mail: opa@nrc.gov  Web Site: http://www.nrc.gov
### §10565. Administrative provisions

#### (a) Regulations

The Attorney General may promulgate such guidelines, regulations, and procedures as may be necessary to carry out this subchapter, including guidelines, regulations, and procedures relating to the submission and review of applications for grants under section 10562 of this title.

#### (b) Expenditure records

#### (1) Records

Each State, or unit of local government within the State, that receives a grant under this subchapter shall maintain such records as the Attorney General may require to facilitate an effective audit relating to the receipt of the grant, or the use of the grant amount.

#### (2) Access

The Attorney General and the Comptroller General of the United States, or a designee thereof, shall have access, for the purpose of audit and examination, to any book, document, or record of a State, or unit of local government within the State, that receives a grant under this subchapter, if, in the determination of the Attorney General, Comptroller General, or designee thereof, the book, document, or record is related to the receipt of the grant, or the use of the grant amount.

(Pub. L. 90–351, title I, §2805, as added Pub. L. 106–561, §2(c)(1), Dec. 21, 2000, 114 Stat. 2790.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 3797n of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
H. R. 1658

One Hundred Eighth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twentieth day of January, two thousand and four

An Act

To amend the Railroad Right-of-Way Conveyance Validation Act to validate additional conveyances of certain lands in the State of California that form part

of the right-of-way granted by the United States to facilitate the construction

of the transcontinental railway, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Railroad Right-of-Way Conveyance Validation Act of 2004’’.

SEC. 2. VALIDATION OF ADDITIONAL RAILROAD CONVEYANCES, SAN

JOAQUIN COUNTY, CALIFORNIA.

Section 4 of the Railroad Right-of-Way Conveyance Validation

Act (Private Law 103–2; 108 Stat. 5061) is amended by adding

at the end the following new paragraphs:

‘‘(9) The conveyance entered into between the Central

Pacific Railway Company and the Southern Pacific Transportation Company and the Bank of America, as trustee of the

last will and testament of Aaron Herschel, recorded September

27, 1945, in volume 942 at page 401 of the official records

of the county of San Joaquin.

‘‘(10) The conveyance entered into between the Central

Pacific Railway Company and the Southern Pacific Transportation Company and the Tri-Valley Packing Association,

recorded November 13, 1957, in volume 2016 at page 149

of the official records of the county of San Joaquin.’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
EXHIBIT 31.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
  1.
    
    I have reviewed this Amendment No. 2 to Annual Report on Form 10-K of Hanmi Financial
Corporation; and2.
    
    Based on my knowledge, this 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 report.
 Date:            June 3, 2010
    /s/ Jay S. YooJay S. YooPresident and Chief Executive Officer
### §20306. Authorization of appropriations

There are authorized to be appropriated to carry out sections 20303, 20304, and 20305 of this title, $40,000,000 for each of fiscal years 2022 through 2028.

(Pub. L. 101–647, title II, §214B, as added Pub. L. 117–354, §3(6), Jan. 5, 2023, 136 Stat. 6277.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 20306, Pub. L. 101–647, title II, §214B, formerly §214, Nov. 29, 1990, 104 Stat. 4794; renumbered §214B and amended Pub. L. 102–586, §6(b)(1), (e), Nov. 4, 1992, 106 Stat. 5029, 5034; Pub. L. 104–235, title II, §232, Oct. 3, 1996, 110 Stat. 3092; Pub. L. 108–21, title III, §381(b), Apr. 30, 2003, 117 Stat. 667; Pub. L. 113–163, §2(a), Aug. 8, 2014, 128 Stat. 1864; Pub. L. 115–424, §2(f), Jan. 7, 2019, 132 Stat. 5469, which authorized appropriations for sections 20303, 20304, and 20305 of this title for fiscal years 2019 through 2023, was repealed by Pub. L. 117–354, §3(6), Jan. 5, 2023, 136 Stat. 6277.
* Pursuant to 5TH CIR. R. 47.5, the Court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR. R.

47.5.4.

 IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 05-40032

_____________________

UNITED STATES OF AMERICA

 Plaintiff - Appellee

 v.

JUAN ALBERTO TEJADA

 Defendant - Appellant

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

Appeal from the United States District Court for the

Southern District of Texas, Laredo

5:04-CR-1560-ALL

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

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that appellant’s unopposed motion to remand

case to the United States District Court for re-sentencing in

light of USA v. Booker is GRANTED.

IT IS FURTHER ORDERED that appellant’s unopposed alternative

motion to extend time to file appellant’s brief until 10 days

from the denial of the motion to remand is MOOT.

United States Court of Appeals

Fifth Circuit

F I L E D

June 3, 2005

Charles R. Fulbruge III

Clerk
§ 630.802 Coverage. This subpart applies to: ( a ) An employee as defined in section 2105 of title 5, United States Code, who is employed by an executive agency as defined in section 105 of title 5, United States Code; and
( b ) An individual who is employed by the government of the District of Columbia.
-79.0 -78.5 -78.0 -77.5 -77.0 -76.5

38.5 39.0 39.5 40.0 

### ★ ▲ ▲ ▲ ▲


### ★ ▲ ▲ ▲ ▲ 500 1000 1500 1000 18 12 06 00 05/30 

### NOAA HYSPLIT MODEL 

## Backward trajectory ending at 2300 UTC 30 May 07

EDAS Meteorological DataSource★at 39.44 N 77.04 WMeters AGL
Exhibit 31.3

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

UNDER

SECTION 302 OF THE SARBANES-OXLEY ACT

I, Raymond E. Dellerba, certify that:



| | 1. | I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Pacific Mercantile Bancorp for the fiscal year ended December 31, 2011; and
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | Based on my knowledge, this amendment 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 amendment.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 8, 2012



/S/ RAYMOND E. DELLERBARaymond E. Dellerba
President and Chief Executive Officer
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov/OPA

No. 05-077 May 5, 2005

 NRC ANNOUNCES NEW DIRECTOR OF ENFORCEMENT

The Nuclear Regulatory Commission is announcing the appointment of Michael R. Johnson as

director of the agency’s Office of Enforcement, effective May 30, 2005. In this position, he will be

responsible for managing the development and implementation of programs that enforce NRC

requirements. He will also oversee the agency’s external allegations review process and internal

Differing Professional Opinions Program.

Johnson joined the NRC in 1986 as a reactor operations engineer. Later, he served as regional

coordinator in the Office of the Executive Director. Since 1989, he has served in a number of

increasingly responsible posts within the agency’s Office of Nuclear Reactor Regulation, including

leadership positions in the Inspection Program and Assessment Section, Performance Assessment

Section, Inspection Program Branch and the Probabilistic Safety Assessment Branch. Most recently, he

held the title of deputy director of the Division of Systems Safety and Analysis.

Johnson is a graduate of the NRC’s Senior Executive Service Candidate Development Program.

He received a bachelor of science degree in Ocean Engineering from the U.S. Naval Academy. He

resides in Silver Spring, Md.

###
NRC NEWS U. S. NUCLEAR REGULATORY COMMISSION

 Office of Public Affairs Region IV 

 611 Ryan Plaza Drive - Suite 400

 Arlington, TX 76011-4005

No. IV-06-006 May 3, 2006

Contact: Victor Dricks E-Mail: opa4@nrc.gov

Phone: 817-860-8128

NRC PROPOSES $6,500 FINE

FOR H&G INSPECTION CO. OF HOUSTON, TEXAS

The U.S. Nuclear Regulatory Commission staff has proposed a fine of $6,500 against

H&G Inspection Co., of Houston, Texas, for violating NRC requirements.

In a May 1 letter to the company, Bruce S. Mallett, Administrator of the NRC’s Region

IV office in Arlington, Texas, said that as a result of an NRC inspection, the agency determined

that the company violated NRC requirements for the possession and use of radioactive materials.

The violations involved failure to control and maintain constant surveillance of

radioactive material in an unrestricted area; failure to have a second qualified individual observe

radiographic operations; and willful failure to properly handle a radiographic device during

transportation.

Radiography is a non-destructive testing method which uses a sealed radiation source to

make x-ray like images of heavy metal objects like pumps, valves and pipes.

“The NRC acknowledges that there were no actual safety consequences as a result of

these violations,” Mallett said. “However,” he added, “these violations are serious because we

rely on the integrity of individuals performing licensed activities to ensure public health and

safety.”

NRC staff discussed the violations, their significance, the root cause and the company’s

corrective actions during an enforcement conference with H&G officials on April 13. The

company has taken steps to prevent recurrence, which the NRC acknowledged in the May 1

letter.
The NRC has classified each violation at Severity Level III. One carries a $6,500 civil

penalty. The agency has a four-level severity scale in which Severity Level I is the most serious.

The company has 30 days to either pay the proposed fine or challenge it.

The NRC’s letter, its enclosures, and the company’s response will be made available to

interested members of the public through the agency’s public electronic reading room at:

http://www.nrc.gov/reading-rm/adams.html. Help in accessing these documents is available

from the NRC Public Document Room at 1-800-397-4209.

###
## In The Court of Appeals Seventh District of Texas at Amarillo

________________________ No. 07 - 1 8 - 00253 - CR

________________________ DAMEON MARMOLEJO , APPELLANT

V. THE STATE OF TEXAS, APPELLEE On Appeal from the 1 37 th District Court Lubbock C ounty, Texas Trial Court No. 2018 - 414, 849 ; Honorable John J. “Trey” McClendon III , Presiding October 3 , 201 8 

### MEMORANDUM OPINION Before QUINN, C.J., and PIRTLE and P ARKER , JJ. Pending before this court is the Motion to Dismiss Appeal of Appellant, Dameon Marmolejo, in which he moves to have his notice of appeal withdrawn and this appeal dismissed. Pursuant to an open pl ea of guilty, Appellant was convicted of aggravated assault by use of a deadly weapon 1 and sentenced to fifteen years confinement. As

1 T EX . P ENAL C ODE A NN . § 22.02( a ) (2) (West 2011 ).2

required by Rule 42.2(a) of the Texas Rules of Appellate Procedure, the motion to dismiss is signed by Appellant and his attorney. No decision of this court having been delivered, the motion is granted, and the appeal is dismissed. No motion for reh earing will be entertained and our mandate will issue forthwith. Per Curiam Do not publish.