alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 69, Number 236 (Thursday, December 9, 2004)]
[Notices]
[Page 71468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27140]


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

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Ex Parte No. 333]


Sunshine Act Meeting

TIME AND DATE: 10 a..m., December 13, 2004.

PLACE: The Board's Hearing Room, Surface Transportation Board, 1925 K 
Street, NW., Washington, DC 20423.

STATUS: The Board will meet to discuss among themselves the following 
agenda items. Although the conference is open for public observation, 
no public participation is permitted.

MATTERS TO BE CONSIDERED:
    STB Docket No. AB-556 (Sub-No. 2X), Railroad Ventures, Inc.--
Abandonment Exemption--Between Youngstown, OH, and Darlington, PA, in 
Mahoning and Columbiana Counties, OH, and Beaver County, PA.
    Docket No. 41185, Arizona Public Service Company & PacifiCorp v. 
The Burlington Northern and Santa Fe Railway Company.
    STB Docket No. 42057, Public Service Company of Colorado D/b/a Xcel 
Energy v. The Burlington Northern and Santa Fe Railway Company.
    STB Docket No. 42071, Otter Tail Power Company v. The Burlington 
Northern and Santa Fe Railway Company.
    STB Docket No. WCC-105, DHX Inc., v. Matson Navigation Company and 
Sea-Land Service, Inc.
    STB Ex Parte No. 656, Motor Carrier Bureaus--Periodic Review 
Proceeding.
    STB Ex Parte No. 558 (Sub-No. 8), Railroad Cost of Capital--2004.

FOR FURTHER INFORMATION CONTACT: A. Dennis Watson, Office of 
Congressional and Public Services, Telephone: (202) 565-1596; FIRS: 1-
800-877-8339.

    Dated: December 6, 2004.
Vernon A. Williams,
Secretary.
[FR Doc. 04-27140 Filed 12-7-04; 11:26 am]
BILLING CODE 4915-01-P
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION FROM THE FINANCIAL
STATEMENTS OF THE CLOROX COMPANY FOR THE FISCAL QUARTER ENDED DECEMBER 31, 1997,
AS PRESENTED IN THE CLOROX COMPANY'S FORM 10-Q FOR SUCH PERIOD, AND IS QUALIFED
IN ITS ENTIRETY BY REFERENCE TO SUCH STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               DEC-31-1997
<CASH>                                           36003
<SECURITIES>                                     14895
<RECEIVABLES>                                   346980
<ALLOWANCES>                                      1521
<INVENTORY>                                     219711
<CURRENT-ASSETS>                                680111
<PP&E>                                         1071040
<DEPRECIATION>                                  500229
<TOTAL-ASSETS>                                 2831744
<CURRENT-LIABILITIES>                           800936
<BONDS>                                         702185
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        110845
<OTHER-SE>                                      885553
<TOTAL-LIABILITY-AND-EQUITY>                   2831744
<SALES>                                        1241079
<TOTAL-REVENUES>                               1241079
<CGS>                                           537883
<TOTAL-COSTS>                                  1007636
<OTHER-EXPENSES>                                (4490)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               34908
<INCOME-PRETAX>                                 203025
<INCOME-TAX>                                     79179
<INCOME-CONTINUING>                             123846
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    123846
<EPS-PRIMARY>                                      1.2
<EPS-DILUTED>                                     1.17
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated balance sheet and consolidated statement of operations of the
Company's Form 10-Q for the quarter ended June 30, 1998 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                     1,000 
       
<S>                                        <C>
<PERIOD-TYPE>                                    6-MOS 
<FISCAL-YEAR-END>                          DEC-31-1998 
<PERIOD-START>                             JAN-01-1998 
<PERIOD-END>                               JUN-30-1998
<CASH>                                             669
<SECURITIES>                                         0
<RECEIVABLES>                                    5,891
<ALLOWANCES>                                       120
<INVENTORY>                                      4,558
<CURRENT-ASSETS>                                15,035
<PP&E>                                         100,232
<DEPRECIATION>                                (17,499)
<TOTAL-ASSETS>                                  98,703
<CURRENT-LIABILITIES>                            7,110
<BONDS>                                         33,626
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            85
<OTHER-SE>                                      51,286
<TOTAL-LIABILITY-AND-EQUITY>                    98,703
<SALES>                                         30,617
<TOTAL-REVENUES>                                31,359
<CGS>                                           20,871
<TOTAL-COSTS>                                   20,871
<OTHER-EXPENSES>                                10,846
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 893
<INCOME-PRETAX>                                  (358)
<INCOME-TAX>                                     (135)
<INCOME-CONTINUING>                              (223)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (223)
<EPS-PRIMARY>                                   (0.03)
<EPS-DILUTED>                                   (0.03)
        

</TABLE>
### §2486. Transferred

#### **Editorial Notes**

#### Codification

Section, Pub. L. 100–147, title II, §202, Oct. 30, 1987, 101 Stat. 869, which related to congressional findings, was transferred and is set out as a note under section 40301 of Title 51, National and Commercial Space Programs.
### **CHAPTER 1—POSTAL POLICY AND DEFINITIONS**

Sec.
101.
Postal policy.
102.
Definitions.
#### § 38.702 Disciplinary panels.

A designated contract market must establish one or more disciplinary panels that are authorized to fulfill their obligations under the rules of this subpart. Disciplinary panels must meet the composition requirements of part 40 of this chapter, and must not include any members of the designated contract market's compliance staff or any person involved in adjudicating any other stage of the same proceeding.
### §2023. State authority to regulate radiation below level of regulatory concern of Nuclear Regulatory Commission

#### (a) In general

No provision of this chapter, or of the Low-Level Radioactive Waste Policy Act [42 U.S.C. 2021b et seq.], may be construed to prohibit or otherwise restrict the authority of any State to regulate, on the basis of radiological hazard, the disposal or off-site incineration of low-level radioactive waste, if the Nuclear Regulatory Commission, after October 24, 1992, exempts such waste from regulation.

#### (b) Relation to other State authority

This section may not be construed to imply preemption of existing State authority. Except as expressly provided in subsection (a), this section may not be construed to confer on any State any additional authority to regulate activities licensed by the Nuclear Regulatory Commission.

#### (c) Definitions

For purposes of this section:

(1) The term "low-level radioactive waste" means radioactive material classified by the Nuclear Regulatory Commission as low-level radioactive waste on October 24, 1992.

(2) The term "off-site incineration" means any incineration of radioactive materials at a facility that is located off the site where such materials were generated.

(3) The term "State" means each of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(Aug. 1, 1946, ch. 724, title I, §276, as added Pub. L. 102–486, title XXIX, §2901(a), Oct. 24, 1992, 106 Stat. 3122.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, §1, 68 Stat. 919, known as the Atomic Energy Act of 1954, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of this title and Tables.

The Low-Level Radioactive Waste Policy Act, referred to in subsec. (a), is Pub. L. 96–573, as amended generally by Pub. L. 99–240, title I, §102, Jan. 15, 1986, 99 Stat. 1842, which is classified generally to section 2021b et seq. of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2021b of this title and Tables.
#### In the Matter of Joel Crystal, as President of Long Beach Classroom Teachers Association, et al., Appellants, v Board of Education of the City School District of the City of Long Beach, Respondent.

a *814proceeding pursuant to CPLR article 78, *inter alia,*to compel respondent to reinstate the individual petitioners to their positions as school nurse teachers, the appeal is from a judgment of the Supreme Court, Nassau County, entered October 18, 1976, which, in effect, dismissed the proceeding. Judgment affirmed, with $50 costs and disbursements. The seven individual petitioners-appellants had been appointed to six school nurse teacher positions and one dental hygienist position by the respondent. These positions were within special or "vertical” tenure areas, while the teachers of academic subjects were all in "horizontal” tenure areas. In the course of a 1975 fiscal overhaul, the positions of the individual appellants were abolished by respondent in accordance with subdivision 2 of section 2510 of the Education Law. Special Term dismissed the proceeding on the ground that the positions abolished were traditional special tenure areas and, citing *Steele v Board of Educ.*(40 NY2d 456), held that the tenure areas had not been " 'radically restructured’ without reference to some controlling regulations or express standards”. The contention on appeal is that subdivision 2 of section 2510 of the Education Law is unconstitutional as it has been applied to the individual appellants. They argue that they are members of the class of teachers entitled to rights of tenure, and that to place them in a narrow vertical tenure area and abolish their positions while not abolishing the positions of those teachers who are less tenured in the horizontal tenure areas is a violation of equal protection. Unequal application of a statute which is fair on its face does not violate equal protection without an element of intentional or purposeful discrimination *(Snowden v Hughes,*321 US 1; *People v Acme Markets,*37 NY2d 326). The burden of proving discriminatory enforcement is upon the complainant and that burden is not lightly met *(People v Acme Markets, supra).*The petitioners have presented no evidence of intentional discrimination and their claim cannot be upheld. Insofar as petitioners attack the constitutionality of "vertical” tenure for the positions of school nurse teacher and dental hygiene teacher, their contentions are without merit. The classification of these positions in a "vertical” tenure area has a rational basis and is not discriminatory. Hopkins, J. P., Suozzi, Margett and Hawkins, JJ., concur.
<PAGE>

                                                                    Exhibit 10.2

             AMENDMENT TO MANAGEMENT RESTRICTED STOCK UNIT AGREEMENT

     Pursuant to the MetLife, Inc. 2005 Stock and Incentive Compensation Plan
(the "Plan"), MetLife, Inc. hereby amends your Management Restricted Stock Unit
Agreement (the "Agreement") as of December 31, 2005, as follows (this
"Amendment"):

     1. Section 2(b) of the Agreement is restated in its entirety as follows:

               "(b) Death. In the event that your employment with the Company or
          an Affiliate terminates due to your death, your Units will be
          due and payable in the form of Shares (or cash at a value equal to
          the Closing Price on the date of your death, if so determined by the
          Committee)."

     2. Any capitalized word used in this Amendment is defined in the Plan or
the Agreement. This Amendment will be construed in accordance with and governed
by the laws of the State of Delaware, regardless of the law that might be
applied under principles of conflict of laws. This Amendment, the Agreement, and
the Plan represent the entire agreement between you and the Company, and you and
all Affiliates, regarding your Units and no other promises, terms, or agreements
of any kind regarding your Units apply. In the event any provision of this
Amendment is held illegal or invalid, the rest of this Amendment will remain
enforceable.

     IN WITNESS WHEREOF, the Company has caused its duly authorized officer to
execute this Amendment.


METLIFE, INC.


By:  Robert H. Benmosche
     ---------------------------------------
     Name

     Chairman of the Board and CEO
     ---------------------------------------
     Title


     /s/ Robert H. Benmosche
     ---------------------------------------
     Signature


     This document constitutes part of a prospectus covering securities that
             have been registered under the Securities Act of 1933, as amended.
#### In the Matter of the Probate of the Will of Ida Mars, Deceased. William J. McGiffert, Appellant; Clara Henderson et al., Respondents.

In a contested probate proceeding, order granting the proponent’s motion to require the contestant to furnish a bill of particulars as to the alleged fraud and undue influence, but directing what the bill may contain in respect of matters of which the party does not have present knowledge, affirmed, with $10 costs and disbursements to all parties filing briefs, payable out of the estate. No opinion. Nolan, P. J., Carswell, Adel, MacCrate and Beldock, JJ., concur.
Part 520 [Reserved]

Parent topic: General Services Administration Acquisition Manual
### §1592g. Payment of annual sums to local authorities in lieu of taxes

The Secretary of Housing and Urban Development shall pay from rentals annual sums in lieu of taxes and special assessments to any State and/or political subdivision thereof, with respect to any real property, including improvements thereon, acquired and held by the Secretary under this subchapter for residential purposes (or for commercial purposes incidental thereto), whether or not such property is or has been held in the exclusive jurisdiction of the United States. The amount so paid for any year upon such property shall approximate the taxes and special assessments which would be paid to the State and/or subdivision, as the case may be, upon such property if it were not exempt from taxation and special assessments, with such allowance as may be considered by the Secretary to be appropriate for expenditures by the Federal Government for the provision or maintenance of streets, utilities, or other public services to serve such property.

(Sept. 1, 1951, ch. 378, title III, §308, 65 Stat. 307; Pub. L. 89–174, §5(a), Sept. 9, 1965, 79 Stat. 669.)

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

#### Transfer of Functions

For transfer of functions to Secretary of Housing and Urban Development, see note set out under section 1581 of this title.
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.12h-5 Exemption for subsidiary issuers of guaranteed securities and subsidiary guarantors.

Any issuer of a guaranteed security, or guarantor of a security, that is permitted to omit financial statements by § 210.3-10 (Rule 3-10 of Regulation S-X) of this chapter is exempt from the requirements of 15 U.S.C. 78m(a) (Section 13(a) of the Act) or 78o(d) (Section 15(d) of the Act).

[85 FR 22006, Apr. 20, 2020]
### §19155. Cultural and institutional barriers to expanding the academic and Federal STEM workforce

#### (a) Best practices

#### (1) Development of guidance

Not later than 12 months after August 9, 2022, the Director, in consultation with the interagency working group on inclusion in STEM and utilizing existing guidance already developed by Federal research agencies where applicable, shall broadly disseminate to entities that receive Federal research funding best practices for—

(A) conducting periodic climate surveys of STEM departments and divisions, with a particular focus on identifying and addressing any cultural or institutional barriers to the recruitment, retention, or advancement of groups historically underrepresented in STEM studies and careers; and

(B) providing educational opportunities, including workshops, for STEM professionals to learn about current research on effective practices for unbiased recruitment, evaluation, and promotion of undergraduate and graduate students and research personnel.

#### (2) Establishment of policies

Consistent with the guidance developed under paragraph (1)—

(A) The Director of the National Science Foundation, in consultation with the heads of Federal research agencies, shall develop a policy that—

(i) applies to, at a minimum, doctoral degree granting institutions that receive Federal research funding; and

(ii) requires each such institution, not later than 3 years after August 9, 2022, and to the extent practicable, to report to the Director of the National Science Foundation on activities and policies developed and implemented based on the guidance disseminated under paragraph (1); and

(B) each Federal research agency with a Federal laboratory shall maintain or develop and implement practices and policies for the purposes described in paragraph (1) for such laboratory and, not later than three years after August 9, 2022, each Federal laboratory shall report to the head of such agency on such practices and policies.

#### (b) Report to Congress

Not later than four years after August 9, 2022, the Director of the National Science Foundation shall submit a report to Congress that includes a summary and analysis of the types and frequency of activities and policies developed and carried out under subsection (a) based on the reports submitted under paragraph (2) of such subsection.

(Pub. L. 117–167, div. B, title V, §10505, Aug. 9, 2022, 136 Stat. 1612.)
#### § 265.3 Compliance with directions.

No person shall fail or refuse to comply with any lawful order or direction of a uniformed guard in connection with the control or regulation of traffic and parking or other conduct on the site.
5343.204-70-7 Plans and Reports       To comply with the Consolidated UCA Management Plan and Semi-annual Consolidated UCA Management Report requirements described in DFARS 243.204-70-7, SCOs are required to ensure unpriced change orders with an estimated value exceeding $5 million are input/updated in the UCA Reporting tool on a semi-annual basis no later than April 10th and October 10th of each year. Special access program offices will provide the information directly to the cognizant HCA, as appropriate.     **Parent topic:** Subpart 5343.2 – CHANGE ORDERS
SERVICER COMPLIANCE STATEMENT OF
 CELLCO PARTNERSHIP
 
 I, Kee Chan Sin, certify that:
 
 (a)  A review
        of Cellco Partnership’s activities and of its performance under the Transfer and Servicing Agreement, dated as of June 12, 2019 (the “Transfer and Servicing Agreement”), among Verizon ABS LLC, as depositor, Cellco Partnership d/b/a Verizon
        Wireless, as servicer (in such capacity, the “Servicer”), marketing agent and custodian, and Verizon Owner Trust 2019-B, as issuer, during the period from January 1, 2021 to December 31, 2021 has been made under my supervision.
 
 (b)  To the
        best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Transfer and Servicing Agreement in all material respects throughout the period from January 1, 2021 to December 31, 2021.
 
  By:   /s/ Kee Chan Sin
 Kee Chan Sin
 Vice President and Assistant Treasurer
 Cellco Partnership, as Servicer of Verizon Owner Trust 2019-B
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MELINDA GABRIELLA VALENZUELA,

Plaintiff

- Appellant,

v.

MELISSA BEAL ; TAMMY TAYLOR,

Defendants

- Appellees. No. 17

- 16199

D.C. No. 2:15

- cv

- 00631

- NVW

MHB

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona Neil V. Wake, District Judge, Presiding

Submitted July 10 , 2018 **

Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.

Arizona state prisoner Melinda Gabriella Valenzuela appeals pro se from the

district court’s summary judgment in her 42 U.S.C. § 1983 action alleging

deliberate indifference to her serious medical needs . We have jurisdiction under

28 U.S.C. § 1291. We re view de novo. Colwell v. Bannister , 763 F.3d 1060, 1065

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUL 13 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 16199

(9th Cir. 2014). We affirm.

T he district court properly granted summary judgment because Valenzuela

failed to raise a genuine dispute of mate rial fact as to whether defendants Beal and

Taylor were d eliberately indifferent to her complaints of heart and chest pain

. See

id. at 1066

- 68 (an official is deliberately indifferent if she “knows of and

disregards an excessive risk to inmate health and safety”; a difference of opinion

between a physician and the prisoner concerning what medical care is appropriate

does not amount to de liberate indifference (citation and internal quotation marks

omitted)).

We do not consider matters not specifically and distinctly raised and argued

in the opening brief, or arguments and allegations raised for the first time on

appea l. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Valenzuela’s motions to supplem ent the record (Docket Entry No s

. 14 and

16 ) are granted.

Valenzuela’s “motion to submit” (Docket Entry No. 20) is denied as moot.

The court granted Valenzuela in forma pauperis status and she completed the

prisoner authorization form (Docket Entry Nos. 8 and 13).

Valenzuela’s motion to seal her medical records attached to defendants’

excerpts of recor d (Docket Entry No. 28 ) is denied as unnecessary because the3 17

- 16199

excerpts of record containing her medical records are sealed.

AFFIRMED.