alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
EMPLOYER STATUS DETERMINATION

Branson Scenic Railway, Inc.

This is the determination of the Railroad Retirement Board concerning the status of Branson

Scenic Railway, Inc. (BSR) as an employer under the Railroad Retirement Act (45 U.S.C. §231

et seq.) (RRA) and the Railroad Unemployment Insurance Act (45 U.S.C. §351 et seq.) (RUIA).

Information regarding BSR was provided by Thomas L. Johnson, its President. Mr. Johnson

stated that BSR currently has 20 employees which include four full time permanent employees

and sixteen seasonal employees. BSR’s employees began services on July 30, 1993. BSR began

operations on July 31, 1993. BSR contracts with Missouri and Northern Arkansas Railroad

(M&NA) to operate over the 20 miles of M&NA’s trackage, departing from Branson, Missouri, 

with no intermediate stops. Under contract, M&NA provides two engineers to run the train.

M&NA also provides all dispatching, track inspection and maintenance.

Mr. Johnson stated that BSR operates a passenger tourist train. Presently, its service component 

consists of an intra-state tourist railway, offering passenger excursions from Branson, Missouri 

traveling north or south roundtrip. He stated that the only formal relationship BSR has with a

railroad is the contract agreement with M&NA. BSR does not interchange with other railroads.

Section 1(a)(1) of the RRA defines an "employer" to include:

(i) any express company, sleeping car company, and carrier by railroad,

subject to subchapter I of chapter 105 of Title 49.

Section 1 of the RUIA contains essentially the same definition.

Subchapter I of chapter 105 of Title 49 is the portion of the Interstate Commerce Act which sets

forth the provisions governing the jurisdiction of the Interstate Commerce Commission (ICC)

over rail transportation. It provides in pertinent part that the ICC has jurisdiction over

transportation by rail carrier to the extent that the transportation is in the Untied States and is

between a place in a State and a place in another State (49 U.S.C. §10501(a)(2)(A)). The

Interstate Commerce Act provides specifically, in pertinent part, that:

(b) The Commission does not have jurisdiction under subsection (a) of this

section over-

(1) the transportation of passengers or property, or the receipt, 

delivery, storage, or handling of property, entirely in a State (other

than the District of Columbia) and not transported between a place

in the United States and a place in a foreign country....[49 U.S.C.

§ 10501(b)(1)].

BCD 1995-18
-2-

Branson Scenic Railway, Inc.

In this case, BSR is a carrier by rail since it operates a passenger railway. However, BSR does

not transport passengers from a place in one State to a place in another State. Rather, it

provides excursion service roundtrip entirely within one State. BSR does not interchange with

any railroad. BSR’s operation of its tourist railroad is not, therefore, subject to the ICC’s

jurisdiction.

Because it is not a carrier by rail which is subject to the ICC jurisdiction, it is determined that

Branson Scenic Railway, Inc. is not an employer under the RRA and the RUIA.

^Glen L. Bower

4

V. M. Speakman, Jr.
§ 890.906 Retired enrolled individuals coinsurance payments. ( a ) A retired enrolled individual's coinsurance responsibility for inpatient hospital services is calculated in accordance with the plan's contractual benefit structure and is based on the amount determined to be equivalent to the Medicare part A payment under the DRG-based PPS.
( b ) A retired enrolled individual's coinsurance responsibility for physician services is calculated in accordance with the plan's contractual benefit structure and is based on the lower of the actual charges or the amount determined to be equivalent to the Medicare part B payment under the Medicare Participating Physician Fee Schedule for Medicare participating physicians and the Medicare Nonparticipating Physician Fee Schedule for Medicare nonparticipating physicians.
[60 FR 26668, May 18, 1995]
115 STAT. 258 PUBLIC LAW 107–45—OCT. 1, 2001

LEGISLATIVE HISTORY—S. 1424:

CONGRESSIONAL RECORD, Vol. 147 (2001):

Sept. 13, considered and passed Senate.

Sept. 14, considered and passed House.

Æ

Public Law 107–45

107th Congress

An Act

To amend the Immigration and Nationality Act to provide permanent authority

for the admission of ‘‘S’’ visa nonimmigrants.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. PERMANENT AUTHORITY FOR ADMISSION OF ‘‘S’’ VISA

NONIMMIGRANTS.

Section 214(k) of the Immigration and Nationality Act (8 U.S.C.

1184(k)) is amended—

(1) by striking (2);

(2) by redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively; and

(3) in paragraph (4)(E) (as redesignated), by striking ‘‘paragraph (4)’’ and inserting ‘‘paragraph (3)’’.

Approved October 1, 2001.

Oct. 1, 2001

[S. 1424]
[Federal Register Volume 69, Number 25 (Friday, February 6, 2004)]
[Proposed Rules]
[Page 5797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2502]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-160330-02]
RIN 1545-BB65


Section 704(c), Installment Obligations and Contributed 
Contracts; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to notice of proposed rulemaking.

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

SUMMARY: This document contains corrections to a notice of proposed 
rulemaking (REG-106330-02) that was published in the Federal Register 
on Monday, November 24, 2003 (68 FR 65864). These proposed regulations 
relate to the tax treatment of installment obligations and property 
acquired pursuant to a contract under sections 704(c) and 737.

FOR FURTHER INFORMATION CONTACT: Christopher L. Trump, (202) 622-3070 
(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    This notice of proposed rulemaking that is the subject of this 
correction is under sections 704(c) and 737 of the Internal Revenue 
Code.

Need for Correction

    As published REG-160330-02 contain errors which may prove to be 
misleading and are in need of clarification.

Correction of Publication

    Accordingly, the publication of the notice of proposed rulemaking 
(REG-160330-02), which is the subject of FR Doc. 03-29323, is corrected 
as follows:
    1. On page 65865, column 2, under the paragraph heading ``Part 1--
INCOME TAXES'', Par. 2 amendatory instruction 6a, line four, the 
language ``paragraphs (a)(8)(ii), and (a)(8)(ii) and'' is corrected to 
read ``paragraphs (a)(8)(ii), and (a)(8)(iii) and''.


Sec. 1.704-4  [Corrected]

    2. On page 65865, column 3, Sec. 1.704-4, paragraph (g) Effective 
date, line four the language ``except that paragraphs (d)(1)(i) and 
(ii)'' is corrected to read ``except that paragraphs (d)(1)(ii) and 
(iii)''.


Sec. 1.737-5  [Corrected]

    3. On page 65866, column 1, Sec. 1.737-5 under the section heading, 
Sec. 1.737-5 Effective dates., line five, the language ``2(d)(3)(ii) 
and (ii) apply to distributions'' is corrected to read ``2(d)(3)(ii) 
and (iii) apply to distributions''.

Cynthia Grigsby,
Acting Chief, Publications and Regulations Branch, Legal Processing 
Division, Associate Chief Counsel (Procedures and Administration).
[FR Doc. 04-2502 Filed 2-5-04; 8:45 am]
BILLING CODE 4830-01-P
DISTRICT COURT OF APPEAL OF FLORIDA

SECOND DISTRICT

AMAURY DERELY,

Appellant,

v.

INNOCENZO GAGLIARDI and ANNE GAGLIARDI,

Appellees.

No. 2D2023-1122

April 19, 2024

Appeal from the Circuit Court for Sarasota County; Hunter Carroll, 

Judge.

Jane W. Muir of J. Muir & Associates, Coral Gables, for Appellant.

Caroleen B. Brej, David A. Wallace, and Brian Goodrich of Bentley 

Goodrich Kison P.A., Sarasota, for Appellees.

PER CURIAM.

Affirmed.

NORTHCUTT, BLACK, and LABRIT, JJ., Concur.

Opinion subject to revision prior to official publication.
# L_2014267EN.01000101.xml

| 6.9.2014 | EN | Official Journal of the European Union | L 267/1 |
| --- | --- | --- | --- |

6.9.2014

EN

Official Journal of the European Union

L 267/1

---

Information relating to the entry into force of the Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation

The Agreement between the European Union and the Republic of Turkey on the readmission of persons residing without authorisation will enter into force on 1 October 2014, the procedure provided for in Article 24(2) of the Agreement having been completed on 7 August 2014.

---
---

Exhibit 14.1

|JUNE FITZMARTYN              
|-----------------------------
|CHARTERED ACCOUNTANT         
|#300 - 2600 GRANVILLE STREET,
|VANCOUVER, B. C. V6H 3V3     

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING
  FIRM

We consent to the use of our report dated October
  17, 2002 on the consolidated financial statements of Teryl Resources Corp. as
  at May 31, 2002 and 2001, and for the years ended May 31, 2002, 2001 and 2000
  that are included in the Company's annual report 20-F filing.

|Vancouver, Canada | /s/ June Fitzmartyn  
|----------------- | ---------------------
|July 23, 2007     | Chartered Accountants

---
**Exhibit 23.1**

 

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

 

We hereby consentto the incorporation by reference in the Registration Statement on Forms S-3and S-8 (Nos. 333-152936, 333-127401, 333-114413, 333-99711, 333-137168, and333-137169) of Avocent Corporation of our report****datedFebruary 27, 2009 relating to the financial statements, financialstatement schedule and the effectiveness of internal control over financialreporting, which appears in this Form 10-K.

 
| /s/PricewaterhouseCoopers  LLP |   |
|--------------------------------|--------|
| PricewaterhouseCoopers  LLP    |
| Birmingham, Alabama            |
| February 27, 2009         |

 

----
### §22909. Records and inspection

(a) Records.—The corporation shall keep—

(1) correct and complete records of account;

(2) minutes of the proceedings of its members, board of directors, and committees having any of the authority of its board of directors; and

(3) at its principal office, a record of the names and addresses of its members entitled to vote.

(b) Inspection.—A member entitled to vote, or an agent or attorney of the member, may inspect the records of the corporation for any proper purpose, at any reasonable time.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1310.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 22909 | 36:3910. | Nov. 6, 1986, Pub. L. 99–604, §10, 100 Stat. 3447. |

Section

The word "records" is substituted for "books and records" for consistency in the revised title and with other titles of the United States Code. The words "Nothing in this section shall be construed to contravene any applicable State law" are omitted as unnecessary.
I 

108TH CONGRESS 

1ST SESSION H. R. 1898

To amend the Low-Income Home Energy Assistance Act of 1981 to extend 

energy assistance to households headed by certain senior citizens. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2003

Mr. WEINER introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Education and the Workforce, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

A BILL

To amend the Low-Income Home Energy Assistance Act 

of 1981 to extend energy assistance to households headed 

by certain senior citizens.

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 ‘‘Home Energy Assist5 ance Targeted for Seniors Act’’. 

6 SEC. 2. AMENDMENTS. 

7 The Low-Income Home Energy Assistance Act of 

8 1981 (42 U.S.C. 8621 et seq.) is amended—
2

•HR 1898 IH 

1 (1) in the heading of title XXVI, by inserting 

2 ‘‘AND SENIOR’’ after ‘‘LOW-INCOME’’; 

3 (2) in section 2601, by inserting ‘‘and Senior’’ 

4 after ‘‘Low-Income’’; 

5 (3) in section 2603—

6 (A) by redesignating paragraphs (7) 

7 through (11) as paragraphs (8) through (12), 

8 respectively; and 

9 (B) by inserting after paragraph (6) the 

10 following new paragraph: 

11 ‘‘(7) The term ‘‘low-income household’’ includes 

12 a household described in section 2605(b)(2)(C).’’; 

13 (4) in section 2604(d)(2), by striking ‘‘(A) and 

14 (B)’’ both places it appears and inserting ‘‘(A), (B), 

15 and (C)’’; 

16 (5) in section 2605(b)—

17 (A) in paragraph (2)—

18 (i) by striking ‘‘or’’ at the end of sub19 paragraph (A); 

20 (ii) by inserting ‘‘or’’ at the end of 

21 subparagraph (B); and 

22 (iii) by adding at the end the fol23 lowing new subparagraph: 

24 ‘‘(C) households with incomes which do not 

25 exceed an amount equal to the State median in-
3

•HR 1898 IH 

1 come, with at least 50 percent of the household 

2 income attributable to persons who are at least 

3 65 years old;’’; 

4 (B) in paragraph (5), by striking ‘‘clauses 

5 (2)(A) and (2)(B)’’ and inserting ‘‘subpara6 graphs (A), (B), and (C) of paragraph (2)’’; 

7 and 

8 (C) in paragraph (8), by striking ‘‘clause 

9 (2)(B)’’ and inserting ‘‘subparagraphs (B) or 

10 (C) of paragraph (2)’’; 

11 (6) in section 2607A(b), by inserting ‘‘and sen12 ior’’ after ‘‘to the low-income’’; and 

13 (7) in section 2607B(a)—

14 (A) in paragraph (1), by inserting ‘‘and 

15 senior’’ after ‘‘low-income’’; and 

16 (B) in paragraph (3), by striking ‘‘fami17 lies’’ and inserting ‘‘households’’. 

18 SEC. 3. CONFORMING REFERENCES. 

19 Any reference in Federal law or regulations to the 

20 Low-Income Home Energy Assistance Act of 1981 or to 

21 the Low-Income Home Energy Assistance program shall 

22 be deemed to be a reference to the Low-Income and Senior 

23 Home Energy Assistance Act of 1981 or to the Low-In-
4

•HR 1898 IH 

1 come and Senior Home Energy Assistance program, as 

2 appropriate.

Æ
par OSr- irn- afV2, 

August 17,2010 ;KCT OPEMONS 

Mr. J. Gray, Supervisor ;'j|g v£P -2 P U^ 2M 

To wn of Massena 

60 Main Street 

Massena, New York 13662 

Reference: Docket No. DOT-OST-1997-2842 

Dear Mr. Gray: 

I have recently been advised that Cape Air, a regional carrier providing non-stop air service betw^een 

Massena and Albany, New York is seeking renewal of its EAS status. I would like to offer my 

support for the company's bid. 

As backgrounder to this support, the City of Cornwall, through its Department of Economic 

Development, partnered in a Cornwall/ Massena cross border economic development initiative 

focused on developing shared growth opportunities for both regions. I was assigned as a delegate 

from Cornwall and the surrounding region. 

An initiative given considerable attention was that of securing air service. While primarily serving 

the upstate New York region, such a service was viewed as having positive implications for 

Cornwall and surrounding region which included Ottawa, Canada's National Capital, located one 

hour north. 

A number of air carriers were given an opportimity to provide the service and Cape Air, which 

offered a comprehensive array of services, was ultimately selected as the carrier of choice. Since the 

firm commenced operations in September, 2008, it has provided regular and reliable service to 

clients throughout the region. 

From an economic development standpoint, having an air carrier within minutes of the City of 

Cornwall is viewed as a benefit and a possible catalyst to development. Massena International 

Airport is utilized by a number of industrial plant managers in the Cornwall region and as a point 

of interest, and during a conversation with one such manager, he spoke highly of the service Cape 

Air provided 

I look forward to a continuing partnership between Cape Air, the Town of Massena, and 

communities on both sides of the international border 

Michael G. Metcalfe 

P.O. Box 573 

Ingleside, Ontario K0C1M0 

613.537.9869 

mmetcalfe2@cogeco.ca
---

Exhibit 13.1

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the Annual Report of Adira Energy Ltd. (the Company) on Form
20-F for the year ended December 31, 2011 as filed with the Securities and
Exchange Commission on the date hereof (the Report), the undersigned, Jeffrey
Walter, Chief Executive Officer of the Company, hereby certifies, pursuant to 18
U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, that:

| | (i)  | The Report fully complies with the requirements of
      Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of
      1934; and               
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                 
| | (ii) | The information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.

|Date: April 26, 2012 | /s/
      Jeffrey Walter     
|-------------------- | -----------------------------
|                     | Jeffrey Walter               
|                     | Chief Executive Officer      
|                     | (principal executive officer)

---
MEMORANDUM 

To: Docket for SO2 NAAQS 

From: Janet McCabe, OAR 

Re: Meetings on the proposed SO2 NAAQS 

Date: May 13, 2010 

On 5/7/2010, EPA held a meeting at which provisions of the proposed SO2 National Ambient Air Quality 

Standards rule were discussed. Present at the meeting were Janet McCabe, Chet Wayland, Kevin 

Mclean and Steve Page of EPA , Mark MacLeod and Vicky Patton of Environmental Defense, David 

Barron of Earth Justice, Janice Nolan of American Lung Association, and John Walke of NRDC. The 

topic discussed was the process for designating areas nonattainment under a future revised standard.
EXHIBIT 32.1





CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report on Form 10-Q of NF Energy Saving Corporation (the "Company") for the three months ended March 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Gang Li, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge:




(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, thefinancial condition and results of operations of the Company for the three months ended March 31, 2011 .





NF Energy Saving CorporationDate: May 11, 2011
By:
/S/ Gang LiGang Li(Principal Executive Officer)
EMPLOYER STATUS DETERMINATION

Dakota Short Line, Inc.

dUN 1 0 2003

This is the determination ofthe Railroad Retirement Board concerning the

status of Dakota Short Line, Inc., as an employer under the Railroad

Retirement Act (45 U.S.C. § 231 et seep) and the Railroad Unemployment

Insurance Act (45 U.S.C. § 351 et seq.l.

In Surface Transportation Board Finance Docket No. 34043, decided May 31,

2001, Dakota Short Line filed a notice of exemption to sublease from the

Napa to Platte Regional Railroad Authority and operate approximately 13.5

miles ofrail line formerly operated by Dakota Southern Railway Company, a

covered employer under the Acts (B.A. No. 2631). The line interchanges with

the Burlington Northern Santa Fe.

Information regarding Dakota Short Line was provided by Leon E. Steege, 

President ofthe company. Mr. Steege advised the Board in June 2001 that

the company had a lot oftrack work to do before operations could begin. In 

December 2002, Mr. Steege stated that operations had not yet begun and

would not begin until at least April 2003. According to Mr. Steege, Dakota

Short Line first had two employees on its payroll as ofApril 28, 2003, to

begin work under a contract to supply a locomotive and train crew to spread

800 cars of ballast for a state contractor in connection with a state

rehabilitation project.

Section 1(a)(1) of the 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 of the

Surface Transportation Board under Part A ofsubtitle IV of title

49, United States Code;

Sections i(a) and i(b) of the Railroad Unemployment Insurance Act (45

U.S.C. §§ 351(a) and (b)) contain substantially the same definition, as does

section 3231 ofthe Railroad Retirement Tax Act (26 U.S.C. § 3231).

BA#2664
Dakota Short Line, Inc.

-2-

The evidence of record establishes that Dakota Short Line is a carrier

operating in interstate commerce. Accordingly, it is determined that Dakota

Short Line became an employer within the meaning ofsection i(a)(i)(i) of

the Railroad Retirement Act (45 U.S.C. § 23i(a)(i)(i)) and the corresponding

provision of the Railroad Unemployment Insurance Act as ofApril 28, 2003,

the date as of which it first hired employees.

V. M. Speakman, Jr.

erome F. Kever
# L_2018080EN.01004101.xml

| 22.3.2018 | EN | Official Journal of the European Union | L 80/41 |
| --- | --- | --- | --- |

22.3.2018

EN

Official Journal of the European Union

L 80/41

---

DECISION OF THE EEA JOINT COMMITTEE

No 196/2016

of 23 September 2016

amending Annex XX (Environment) to the EEA Agreement [2018/452]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Directive (EU) 2016/774 of 18 May 2016 amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Directive (EU) 2016/774 of 18 May 2016 amending Annex II to Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XX to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XX to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following indent is added in point 32e (Directive 2000/53/EC of the European Parliament and of the Council) of Annex XX to the EEA Agreement:

| ‘— | 32016 L 0774: Commission Directive (EU) 2016/774 of 18 May 2016 (OJ L 128, 19.5.2016, p. 4).’ |
| --- | --- |

‘—

32016 L 0774: Commission Directive (EU) 2016/774 of 18 May 2016 (OJ L 128, 19.5.2016, p. 4).’

Article 2

The text of Directive (EU) 2016/774 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 24 September 2016, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 23 September 2016.

For the EEA Joint Committee

The President

Bergdís ELLERTSDÓTTIR

---

(1)  
  OJ L 128, 19.5.2016, p. 4.

1

(*1)  No constitutional requirements indicated.

*1

---