alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
B.C.D. 03-6

EMPLOYER STATUS DETERMINATION

Genesee & Wyoming, Inc.

JAN 1 6 2003

This is the decision ofthe Railroad Retirement Board with regard to the coverage

of Genesee & Wyoming, Inc. (GWI) 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).

According to information supplied by Shayne L. Magdoff, Senior Vice-President -

Administration and Human Resources, GWI was incorporated in 1977. GWI is a 

publicly held company that is a holding company that owns or controls several

railroad carriers. GWI states that it has no employees and performs no services for

its subsidiary railroads. According to the record before the Board, subsidiary

railroad carriers include the Illinois & Midland Railroad, Inc. (BA 2366), the

Buffalo & Pittsburgh Railroad, Inc. (BA 2249), the Rochester & Southern

Railroad, Inc. (BA 2247), and the Portland & Western Railroad, Inc. (BA 2776).

Section 1(a)(1) of the Railroad Retirement Act (RRA) (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;

(ii) any company which is directly or indirectly owned or

controlled by, or under common control with, one or more employers

as defined in paragraph (i) ofthis subdivision, and which operates any

equipment or facility or performs any service (except trucking service,

casual service, and the casual operation of equipment or facilities) in

connection with the transportation of passengers or property by

railroad * * *.

Sections 1(a) and 1(b) of the Railroad Unemployment Insurance Act (RUIA), 45

U.S.C. 351(a) and (b), contain substantially similar definitions, as does section

3231 ofthe Railroad Retirement Tax Act (RRTA), 26 U.S.C. 3231.
Genesee & Wyoming, Inc.

GWI is clearly not a carrier by rail. Whether GWI is covered as a rail carrier

affiliate depends in the first instance on whether it is under common control with a

rail carrier. A decision of the United States Court of Appeals for the Federal

Circuit regarding a claim for refund of taxes under the Railroad Retirement Tax

Act held that a parent corporation which owns a rail carrier subsidiary is not under

common control with the subsidiary within the meaning of section 3231 of that

Act. Union Pacific Corporation v. United States. 5 F.3d 523 (Fed Cir. 1993). A

majority of the Board finds that as defined by the Union Pacific case, GWI as the

corporate parent of its rail carrier subsidiaries is not under common control with 

those subsidiaries. Therefore, regardless of whether or not it performs any service

for those railroad subsidiaries, a majority of the Board finds that it could not be

found to be a covered employer under the Acts.

GWI is not an employer subject to the Acts administered by the Board.

CherryFT. Thomas

V. M. Speakman, Jr. (Dissenting)
### §5303B. Character of service determinations

(a) Determination.—The Secretary shall establish a process by which an individual who served in the Armed Forces and was discharged or dismissed therefrom may seek a determination from the Secretary with respect to whether such discharge or release was under a condition that bars the right of such individual to a benefit under the laws administered by the Secretary based upon the period of service from which discharged or dismissed.

(b) Provision of Information.—If the Secretary determines under subsection (a) that an individual is barred to a benefit under the laws administered by the Secretary, the Secretary shall provide to such individual information regarding the ability of the individual to address such condition, including pursuant to section 5303 of this title and chapter 79 of title 10.

(Added Pub. L. 115–141, div. J, title II, §259(a), Mar. 23, 2018, 132 Stat. 828.)
[Federal Register Volume 84, Number 20 (Wednesday, January 30, 2019)]
[Notices]
[Page 488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00284]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Initial Review 
Group; Behavior and Social Science of Aging Review Committee, NIA-S.
    Date: February 7-8, 2019.
    Time: 12:00 p.m. to 5:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Bethesda Marriott Hotel & Conference Center, 5701 
Marinelli Rd., Rockville, MD 20852.
    Contact Person: Carmen Moten, MPH, Ph.D., Scientific Review 
Officer, National Cancer Institute, 6116 Executive Boulevard., Suite 
602, MSC 8341, Rockville, MD 20852-8341, 301-496-8589, 
<a href="/cdn-cgi/l/email-protection#61020c0e15040f210c00080d4f0f08094f060e17"><span class="__cf_email__" data-cfemail="9ffcf2f0ebfaf1dff2fef6f3b1f1f6f7b1f8f0e9">[email protected]</span></a>.

    This meeting notice is being published less than 15 days in 
advance of the meeting due to the partial Government shutdown of 
December 2018.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: January 24, 2019.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2019-00284 Filed 1-29-19; 8:45 am]
 BILLING CODE 4140-01-P


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Exhibit 32 CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)   In connection with the Quarterly Report of Beeston Enterprises Ltd, a Nevada corporation (the Company), on Form 10-Q for the quarter ending September 30, 2008, as filed with the Securities and Exchange Commission (the Report), I, Brian Smith, President/Treasurer/CEO/CFO of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to 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, the financial condition and result of operations of the Company.    /s/ Brian Smith Brian Smith, President, Treasurer, CEO, CFO Dated:  November 14, 2008
§ 296.20 The selection process. ( a ) To begin a competition, the Program will solicit proposals through an announcement in the Federal Register, which will contain information regarding that competition, including the areas of critical national need that proposals must address. An Evaluation Panel(s) will be established to evaluate proposals and ensure that all proposals receive careful consideration.
( b ) ( 1 ) A preliminary review will be conducted to determine whether the proposal: ( i ) Is in accordance with § 296.3;
( ii ) Complies with either paragraph (a) or paragraph (c) of § 296.5;
( iii ) Addresses the award criteria of paragraphs (a) through (c) of § 296.22;
( iv ) Was submitted to a previous TIP competition and if so, has been substantially revised; and
( v ) Is complete.
( 2 ) Complete proposals that meet the preliminary review requirements described in paragraphs (b)(1)(i) through (v) of this section will be considered further. Proposals that are incomplete or do not meet any one of these preliminary review requirements will normally be eliminated.
( c ) The Evaluation Panel(s) will then conduct a multi-disciplinary peer review of the remaining proposals based on the evaluation criteria listed in § 296.21 and the award criteria listed in § 296.22. In some cases NIST may conduct oral reviews and/or site visits. The Evaluation Panel(s) will present funding recommendations to the Selecting Official in rank order for further consideration. The Evaluation Panel(s) will not recommend for further consideration any proposal determined not to meet all of the eligibility and award requirements of this part and the Federal Register notice announcing the availability of funds.
( d ) In making final selections, the Selecting Official will select funding recipients based upon the Evaluation Panel's rank order of the proposals and the following selection factors: assuring an appropriate distribution of funds among technologies and their applications, availability of funds, and/or Program priorities. The selection of proposals by the Selecting Official is final.
( e ) NIST reserves the right to negotiate the cost and scope of the proposed work with the proposers that have been selected to receive awards. This may include requesting that the proposer delete from the scope of work a particular task that is deemed by NIST to be inappropriate for support against the evaluation criteria. NIST also reserves the right to reject a proposal where information is uncovered that raises a reasonable doubt as to the responsibility of the proposer. The final approval of selected proposals and award of assistance will be made by the NIST Grants Officer as described in the Federal Register notice announcing the competition. The award decision of the NIST Grants Officer is final.
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 Annual Report of Sunrise Energy Services, Inc. a
Nevada corporation (the "Company") on Form 10-KSB/A for the period ending
December 31, 2005, as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), Albert Abdoulline, Principal Executive Officer and
the Principal 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)  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, the financial condition and result of operations of
          the Company.

     A signed original of this written statement required by Section 906 has
been provided to Victoria Industries, Inc., and will be retained by Victoria
Industries, Inc. and furnished to the Securities and Exchange Commission or its
staff upon request.


Date: March 8, 2007
                                   By:  /s/ Albert Abdoulline
                                        ------------------------------------
                                        Albert Abdoulline
                                        Chairman, President, Chief Executive
                                        Officer and Chief Financial Officer
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE 

CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING 

EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. 

THE STATE OF SOUTH CAROLINA 

In The Supreme Court 

Clay A. Blake, Petitioner, 

v. 

State of South Carolina, Respondent. 

Appellate Case No. 2010-155846 

ON WRIT OF CERTIORARI
 

Appeal From Georgetown County 

Benjamin H. Culbertson, Circuit Court Judge 

Memorandum Opinion No. 2012-MO-025 

Submitted May 2, 2012 – Filed June 27, 2012 

DISMISSED AS IMPROVIDENTLY GRANTED 

Robert Michael Dudek, of Columbia, for Petitioner. 

Attorney General Alan McCrory Wilson, Chief Deputy 

Attorney General John W. McIntosh, Senior Assistant 

Deputy Attorney General Salley W. Elliott, and Christina 

J. Catoe, all of Columbia, for Respondent. 
PER CURIAM: After careful consideration of the Appendix and briefs, the writ 

of certiorari is 

DISMISSED AS IMPROVIDENTLY GRANTED. 

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., 

concur.
1 ... S eeTe x. R. App . P. 47. 4. 

## COURT OFAPPEALS SECOND DISTRICTOF TEXAS FORT WORTH NO. 2 - 09 - 22 4- CV CA B I NE TCR AF T W OR K S , I NC . AP P E L L ANT V . N A TI O N A L F I RE I N SU RA N C E APPELLEE CO M PANY OF HA RTF O RD

----- -----

FR O M THE 3 62ND D I STRI CT CO URT O F DENTO N CO UN TY

----- ----- 

### MEMORANDU M OPI NI ON 1 

### AND J UDGME NT

----- ----- W e h a v e c o n s id e r e d “ A p p e lla n t ’s M o t io n F o rV o lu n t a r yD is m is s a l.” Itis t he court ’ s opi ni on t hatt he m ot i on shou l d be gr ant ed; t her ef or e, w e d i sm i sst he a p p e a l . S eeT e x . R . A p p . P . 4 2 .1 (a )(1 ), 4 3 .2 (f). C os t s oft he app ea l s hal l be pa i d byap pel l ant , for w hi ch l etex ec ut i on i s s u e . S eeT e x . R . A p p . P . 4 2 .1 (d ). P E R CU R I AM PA N EL: M C C O Y, J. ; CA YC E, C. J. ; an d M EI ER, J. DEL I VERE D: Oct ob e r29, 2009
EXHIBIT 32.1


                       PERFORMANCE CAPITAL MANAGEMENT, LLC

                CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND
                           PRINCIPAL FINANCIAL OFFICER
                        PURSUANT TO 18 U.S.C. Sec. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the Quarterly Report on Form 10-QSB of Performance Capital
Management,  LLC  (the "Company") for the quarterly period ended March 31, 2005,
as  filed  with  the  Securities and Exchange Commission on the date hereof (the
"Report"),  David  J.  Caldwell, as Chief Operations Officer of the Company, and
Edward  M.  Rucker, as Accounting Manager of the Company, each hereby certifies,
pursuant  to  18  U.S.C.  Sec.  1350,  as  adopted  pursuant  to Sec. 906 of the
Sarbanes-Oxley  Act  of  2002,  that,  to  the  best  of  his  knowledge:

     (1)  The  Report  fully  complies with the requirements of Section 13(a) or
15(d)  of  the  Securities  Exchange  Act  of  1934,  as  amended;  and

     (2)  The  information  contained  in  the  Report  fairly  presents, in all
material  respects,  the  financial  condition  and results of operations of the
Company.



  /s/  David J. Caldwell
------------------------
David J. Caldwell
Chief Operations Officer
May 13, 2005



  /s/  Edward M. Rucker
-----------------------
Edward M. Rucker
Accounting Manager
May 13, 2005



The material contained in this exhibit is not deemed "filed" with the Commission
and  is not to be incorporated by reference into any filing of the Company under
the  Securities Act of 1933, as amended, or the Securities Exchange Act of 1934,
as amended, whether made before or after the date hereof and irrespective of any
general  incorporation  language  contained in such filing, except to the extent
that  the  Company  specifically  incorporates  it  by  reference.
NRC MEETS PERFORMANCE GOALS; 

ISSUES FY 2010 PERFORMANCE AND ACCOUNTABILITY REPORT 

 

The Nuclear Regulatory Commission has issued its Performance and Accountability 

Report (PAR) for Fiscal Year 2010, illustrating that the agency has met its safety and security 

performance goals with regard to regulating the nuclear industry and protecting people and the 

environment. The NRC achieved these goals by evaluating the performance of its licensees and 

executing licensing and oversight programs to ensure safe and secure nuclear facilities and 

materials. The agency is responsible for protecting public health and safety and the environment 

and promoting the security of the nation. 

“I am pleased with our employees’ performance in achieving the agency’s safety and 

security goals and we look forward to continuing to provide high-quality service to the American 

people,” said Chairman Gregory B. Jaczko. 

Throughout the year, the agency remained vigilant, and demonstrated its continued 

ability to effectively and efficiently regulate the nuclear industry, including the nation’s 104 

nuclear power plants that continue to operate safely. While licensees are responsible for the safe 

design, construction, and operation of nuclear facilities, the NRC oversees licensees to prevent 

the occurrence of nuclear reactor accidents, inadvertent criticality events, acute radiation 

exposures resulting in fatalities, releases of radioactive materials resulting in significant radiation 

exposures, and releases of radioactive materials that cause significant adverse environmental 

effects. The PAR did not identify any adverse trends in the overall safety of the industry. 

The NRC’s security activities are designed to prevent any instances where licensed 

radioactive materials are used domestically in a manner hostile to the security of the United 

States. The NRC met this goal, and also achieved its performance measure targets as well. 

The U.S. Nuclear Regulatory Commission FY 2010 Performance and Accountability 

Report can be found on the NRC’s website in the lower left-hand corner at: www.nrc.gov. 

### 

News releases are available through a free listserv 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.resource@nrc.gov

Site: http://www.nrc.gov

No. 10-208 November 15, 2010
### §200106. Nonapplication of audit requirements

The audit requirements of section 10101 of this title do not apply to the corporation.

(Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1452.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 200106 | (no source). | |

Section

The section is added to except the Society of American Florists and Ornamental Horticulturists from the application of section 10101 of the revised title, restating 36:1101-1103, which imposes audit requirements on certain federally chartered corporations. The Society is not included in the list of corporations set out in 36:1101 to which the audit requirements apply.
#### § 19.3 Do these regulations adopt the Federal Claims Collection Standards (FCCS)?

This part adopts and incorporates all provisions of the FCCS (31 CFR Chapter IX parts 900-904). This part also supplements the FCCS by prescribing procedures consistent with the FCCS, as necessary and appropriate for Commerce Department operations.
NRC TO HOLD PUBLIC WORKSHOPS IN NEW YORK CITY AND HOUSTON ON 

MEDICAL EVENT DEFINITION AND OTHER RULE CHANGES

The Nuclear Regulatory Commission will hold two public workshops this summer, in 

New York City and Houston, to discuss possible changes to the definition of “medical events,” 

as well as other potential revisions of NRC regulations on the medical uses of radioactive 

materials.

The New York workshop will be held June 20-21 at the Flatotel Hotel, at 135 West 52nd

St. in Manhattan. The Houston workshop will be held August 11-12, with specific location to be 

determined and announced separately.

The workshops follow Commission direction to the staff to work with the Advisory 

Committee on the Medical Uses of Isotopes as well as the medical community to develop event 

definitions that will protect the interests of patients and allow doctors flexibility to take actions 

they deem medically necessary, while preserving the NRC’s ability to detect misapplications of 

radioactive material and failures in process, procedure and training.

The workshops will also discuss the definition of medical events specifically associated 

with permanent implant brachytherapy, naming associate radiation safety officers on licenses, 

and other potential revisions to NRC’s medical regulations in 10 CFR Part 35.

More information on the workshops, including agendas and registration, is currently 

available online at http://www.blsmeetings.net/NRCMedicalRulemakingWorkshop/. 

###

NOTE: Anyone wishing to take photos or use a camera to record any portion of a NRC meeting should 

contact the Office of Public Affairs beforehand.

News releases are available through a free listserv 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 website.

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs Telephone: 301/415-8200

Washington, D.C. 20555-0001

E-mail: opa.resource@nrc.gov Site: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. 11-090 May 26, 2011
# Q Memorandu m

U.S . Departmen t o f Transportatio n Offic e o f th e Secretar

y o f Trarisporfaiio n Essentia l Ai r

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< J t o Brian Swanson , X-5 3 EA S & Domesti c Analysis , X-5 3 Attn . Ext . 6539 2 of : To ; Docket s Operations , M-3 0 B y Orde r 2011-3-10 , Marc h 7 , 2011 , w e requeste dproposal s fo r essentia l ai r

servic e (EAS ) a

t Devil s Lak e an dJamestown , Nort h Dakota , n o late r

than Apri l 6 , 2011 . B y emai l date dApri l 4 , 2011 , Delt aAi r Line s (Delta ) indicate dtha t i t continue s t o evaluat e utilizatio n o f

th e aircraf

t typ e cun'entl y servicin g th e tw o communities , an dthat thos e decision s wil l no t b e complete di

n tim e for th e developmen t

of alonger-ter mproposa l t o serv e th e tw o communities . Delt aha s requeste dtha t w e exten dth e du e dat e for proposal s t o Augus t

1 , 2011 . With support

fro mth e communities , an dt o encourag e additiona l bid s for EA S service , w e hav e decide dt o gran t

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1 , 2011 .
June 29, 2015

David Bendersky Skybender Aviation

3025 NE 103 St. Seattle, WA 98125

Dear Mr. Bendersky:

This letter is to inform you that we are unable to process your request for an exemption from Title 14, Code of Federal Regulations (14 CFR) . It explains why we can not process your request and what you should do in the next 30 days.

Why We Can Not Process Your Request

We entered your June 24, 2015, exemption request into the public docket (No. FAA-2015- 2430), but we are unable to process your request any further. The information you sent does not comply with the requirements of § 11.81 (copy enclosed). For us to consider the request any further, you must send us all of the following:

 The specific section or sections of 14 CFR from which you seek relief, the extent of the relief you seek, and the reason you seek relief.

 The reasons why granting the request would be in the public interest; that is, how it would benefit the public as a whole.

 Any additional information, views, or arguments available to support your request.

What You Should Do

If you want us to process your request any further, you must send the information described earlier to reach us within 30 days. Please note that § 11.63(d) requires you to send your petition for exemption at least 120 days before the proposed effective date of the exemption.2

If We Do Not Hear From You

If we do not hear from you within 30 days, we will close the docket without notifying you further. If you have any questions or require additional time, you may call (202) 267-9677.

Sincerely,

/s/

Brenda Robeson Program Analyst, Airmen and Airspace Rules Division

Enclosure