alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Section 19(b) of the Shipping Act of 1984, as amended, provides that the Federal Maritime Commission (“Commission”) may revoke any Ocean Transportation Intermediary (“OTI”) license for failure of a licensee to maintain valid proof of financial responsibility on file with the Commission. The Commission's implementing regulations, 46 CFR 515.16(a), provide for such revocation effective as of the termination date of the proof of financial responsibility, unless the licensee shall have submitted a valid replacement before such termination date.

The surety bond issued in favor of Global Shipping, Inc., Parkway One, Suite 201, 2697 International Parkway, Virginia Beach, VA 23452, was cancelled effective December 9, 1999. On November 23, 1999, the licensee was advised that it is prohibited from providing transportation by water as an NVOCC in the foreign commerce of the United States unless the Commission received a valid replacement proof of financial responsibility with an effective date on or before December 9, 1999. The licensee has failed to provide such a replacement.

*Therefore,*                     By virtue of the authority vested in me by the Commission as set forth in 46 CFR 501.27(g)(1998);                

*Notice is hereby given,*                     That the OTI license issued to Global Shipping, Inc.                     Start Printed Page 3239                    is hereby revoked effective December 9, 1999.                

*It is ordered,*                     That the above OTI license be returned to the Commission for cancellation.                 

*It is further ordered,*                     That a notice of this action be published in the                     **Federal Register**                     and a copy of this Order be served upon Global Shipping, Inc.                

Austin L. Schmitt,

Director, Bureau of Tariffs, Certification and Licensing.

[FR Doc. 00-1394 Filed 1-19-00; 8:45 am]

BILLING CODE 6730-01-M
§ 778.318 Productive and nonproductive hours of work. ( a ) *Failure to pay for nonproductive time worked.* Some agreements provide for payment only for the hours spent in productive work; the work hours spent in waiting time, time spent in travel on the employer's behalf or similar nonproductive time are not made compensable and in some cases are neither counted nor compensated. Payment pursuant to such an agreement will not comply with the Act; such nonproductive working hours must be counted and paid for.
( b ) *Compensation payable for nonproductive hours worked.* The parties may agree to compensate nonproductive hours worked at a rate (at least the minimum) which is lower than the rate applicable to productive work. In such a case, the regular rate is the weighted average of the two rates, as discussed in § 778.115 and the employee whose maximum hours standard is 40 hours is owed compensation at his regular rate for all of the first 40 hours and at a rate not less than one and one-half times this rate for all hours in excess of 40. (See § 778.415 for the alternative method of computing overtime pay on the applicable rate.) In the absence of any agreement setting a different rate for nonproductive hours, the employee would be owed compensation at the regular hourly rate set for productive work for all hours up to 40 and at a rate at least one and one-half times that rate for hours in excess of 40.
( c ) *Compensation attributable to both productive and nonproductive hours.* The situation described in paragraph (a) of this section is to be distinguished from one in which such nonproductive hours are properly counted as working time but no special hourly rate is assigned to such hours because it is understood by the parties that the other compensation received by the employee is intended to cover pay for such hours. For example, while it is not proper for an employer to agree with his pieceworkers that the hours spent in down-time (waiting for work) will not be paid for or will be neither paid for nor counted, it is permissible for the parties to agree that the pay the employees will earn at piece rates is intended to compensate them for all hours worked, the productive as well as the nonproductive hours. If this is the agreement of the parties, the regular rate of the pieceworker will be the rate determined by dividing the total piecework earnings by the total hours worked (both productive and nonproductive) in the workweek. Extra compensation (one-half the rate as so determined) would, of course, be due for each hour worked in excess of the applicable maximum hours standard.
## SERVE D MAY 25 , 201 0

U.S . DEPARTMEN T O FTRANSPORTATIO N

OFFIC EO FHEARING S WASHINGTON , D C I NTH EMATTE RO F S/ PRESOURCES , INC . FA A DOCKE T NO . CP10WP000 5 (Civi l Penalt y Action ) DMSNo . FAA-2010-031 9 ^,^^ , ...... . '. . : :• • • •...il l ,i,'^i i

NOTIC EO FASSIGNMEN T O FPROCEEDIN G Thi s proceedin g (heretofore designate da s Cas e No . 2009WP700017 ) ha s bee nassigne d t o Administrativ e La w Judg e Richar dC . Goodwin . Al l future pleading s an dothe r communication s regardin g thi s proceedin g shal l b e serve do nth e Judge , th e FA A Hearin g Docket , an dth e othe r

person s o n th e attache dServic e List .

Attachmen t

- Servic e Lis t fode t

Chie f Administrativ eFA A Docke t No . CP10WP000 5 (Civi l Penalty Action ) SERVIC ELIS T ORIGINA L& ON ECOP Y Federa l Aviatio n Administratio n 80 0 Independenc e Avenue , S.W . Washington , D C 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0 Wilbu r Wrigh t Building—Suit e 2W1000 '

ON ECOP Y Jame s Trato , Presiden t S/ PResources , Inc. , Responden t P.O . Bo x 748 1 Lagun aNiguel , C A 9260 7 TEL : 949-600-776 7 FAX : 949-297-396 7 Courtne y Adolph , Complainant' s Counse l Offic e o f Regiona l Coimse l Western-Pacifi c Region , AWP-7. 4 Federa l Aviatio n Administratio n P.O . Bo x 9200 7 Lo s Angeles , C A 90009-200 7 TEL : 310-725-712 8 FAX : 310-725-681 6 Th e Honorabl e Richar dC . Goodwin , Administrativ e La w Judg e Offic e o f Hearings , M-2 0 U.S . Departmen t

o f Transportatio n 120 0 Ne w Jerse y Avenue , S.E . Eas t Buildin g Groun dFloor , Roo mEl2-32 0 Washington , D C 2059 0 TEL : 202-366-213 9 Attorney-Adviso r 202-366-512 1 Lega l Assistan t FAX : 202-366-753 6

' Service was b

y U.S . Mail . Fo

r servic e i n person o r b y expeditedcourier , us e the following address : Federa l Aviation Administration , 600 Independenc e Avenue , S.W. , Wilbu r Wrigh t Building—Suit

e 2W1000 , Washington , D C 20591 ; Attention : Hearing Docke t Clerk, AGC-430 .
**Exhibit
32**
 
 
 
 **CERTIFICATION
PURSUANT TO RULE 13a-14(b) AND 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 
 Each of
the undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that this Quarterly
Report on Form 10-QSB for the period ended March 31, 2005 fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended, and the information contained in such report fairly presents,
in all material respects, the financial condition and results of operations of
the Company.
 
 
 This 13th
day of May, 2005.
 
 /s/
      Charles M. Jones, IIICharles
      M. Jones, IIIChief
      Executive Officer/s/
      David J. BarankoDavid
      J. BarankoChief
      Financial Officer
  18
#### § 785.44 Civic and charitable work.

Time spent in work for public or charitable purposes at the employer's request, or under his direction or control, or while the employee is required to be on the premises, is working time. However, time spent voluntarily in such activities outside of the employee's normal working hours is not hours worked.
[Federal Register Volume 65, Number 108 (Monday, June 5, 2000)]
[Notices]
[Page 35700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13923]


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

DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0165]


Agency Information Collection Activities Under OMB Review

AGENCY: Veterans Benefits Administration, Department of Veterans 
Affairs.

ACTION: Notice.

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

SUMMARY: In compliance with the Paperwork Reduction Act (PRA) of 1995 
(44 U.S.C., 3501 et seq.), this notice announces that the Veterans 
Benefits Administration (VBA), Department of Veterans Affairs, has 
submitted the collection of information abstracted below to the Office 
of Management and Budget (OMB) for review and comment. The PRA 
submission describes the nature of the information collection and its 
expected cost and burden; it includes the actual data collection 
instrument.

DATE: Comments must be submitted on or before July 5, 2000.

FOR FURTHER INFORMATION OR A COPY OF THE SUBMISSION CONTACT: Denise 
McLamb, Information Management Service (045A4), Department of Veterans 
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 273-8030 
or FAX (202) 273-5981. Please refer to ``OMB Control No. 2900-0165.''

SUPPLEMENTARY INFORMATION:
    Title: Financial Status Report, VA Form 20-5655.
    OMB Control Number: 2900-0165.
    Type of Review: Reinstatement, with change, of a previously 
approved collection for which approval has expired.
    Abstract: VA Form 20-5655 is mailed with the first and second 
demand letters to debtors who owe amounts over $50. The information 
collection on the form enables VA to determine the financial status of 
the debtor, his ability to pay, and the feasibility of exploring 
compromise.
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information unless it displays a 
currently valid OMB control number. The Federal Register Notice with a 
60-day comment period soliciting comments on this collection of 
information was published on November 29, 1999 at page 66695.
    Affected Public: Individuals or households.
    Estimated Annual Burden: 41,800 hours.
    Estimated Average Burden Per Respondent: 1 hour.
    Frequency of Response: On occasion.
    Estimated Number of Respondents: 41,800.
    Send comments and recommendations concerning any aspect of the 
information collection to VA's OMB Desk Officer, Allison Eydt, OMB 
Human Resources and Housing Branch, New Executive Office Building, Room 
10235, Washington, DC 20503 (202) 395-4650. Please refer to ``OMB 
Control No. 2900-0165'' in any correspondence.

    Dated: May 16, 2000.

    By direction of the Secretary.
Donald L. Neilson,
Director, Information Management Service.
[FR Doc. 00-13923 Filed 6-2-00; 8:45 am]
BILLING CODE 8320-01-P
#### § 779.511 “Finding by Secretary.”

As stated in § 779.510, before the section 13(b)(11) exemption may be claimed, the Secretary must find that the trip rate basis of compensation, or other delivery payment plan used to compensate a driver or a driver's helper making local deliveries, has the general purpose and effect of reducing the hours worked by these employees to, or below, the maximum workweek applicable to them under section 7(a) of the Act. The conditions under which such findings may be made, amended, or revoked, and the procedure for obtaining such a finding are set forth in the regulations in part 551 of this chapter.
Submitted on record and briefs September 18,

CA A71613 affirmed; CA A71612 remanded for resentencing and otherwise affirmed October 21, 1992

#### STATE OF OREGON, *Respondent, v.*RONALD LYLE BEAVERS, *Appellant.*STATE OF OREGON, *Respondent, v.*RONALD LYLE BEAVERS, *Appellant.*

(DCR89-12591; CA A71612 (Control))

(91-985, CA A71613)

(Cases Consolidated for Appeal)

838 P2d 644

Sally L. Avera, Public Defender, and David C. Degner, Deputy Public Defender, Salem, filed the brief for appellant.

Charles S. Crookham, Attorney General, Virginia L. Linder, Solicitor General, and Janet A. Klapstein, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Presiding Judge, and Joseph, Chief Judge, and Durham, Judge.

PER CURIAM

*753PER CURIAM

Defendant was convicted of felony driving while suspended (DWS), and his probation on an earlier theft conviction was revoked. Although he has appealed in both cases by a single notice of appeal, he assigns no error to the judgment in the DWS case. In the theft case, he asserts that the trial court lacked the authority to modify a previously ordered, but unexecuted, jail sentence by ordering that it be served consecutively to an unrelated prison sentence. The state concedes that defendant is correct, and we accept the concession.

CA A71613 affirmed; CA A71612 remanded for resentencing and otherwise affirmed.
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 1344** 

UNITED STATES OF AMERICA, Plaintiff

– Appellee,

v. NANCY A. RUSH, Defendant

– Appellant.

Appeal from the United States District Court for the Northern Dist rict of West Virginia , at Clarksburg

. Irene M. Keeley , District Judge. ( 1:10

- cv - 00006

- IMK )

Submitted : November 2 3 , 2011 Decided: December 15, 2011

Before SHEDD, DUNCAN, and DIAZ , Circuit Judges.

Affirmed by un published per curiam opinion

.

G regory H. Schillace, SCHILLACE LAW OFFICE, Clarksburg, West Virginia, for Appellant. William J. Ihlenfeld, II, United States Attorney, Alan G. McGonigal, Assistant United States Attorney, Wheeling, West Virginia, for Appellee.
Unpublished opinions are n ot binding precedent in this circuit.2 PER CURIAM: Nancy A. Rush appeals from the district court’s order awarding summary judgment to the United States in its action to collect on student loans that Rush executed. See United States v. Rush , No. 1:10

- cv - 00 006

- IMK (N.D. W. Va. Mar. 22, 2011). Rush contends that issues of material fact remain such that a reasonable jury could conclude that she repaid the loans. Specifically, while she does not recall receiving documentation that she had satisfied the loan o bligations, she “assum[es]” and “guess[es]” that she repaid the loans prior to the alleged default. She also contends that a former employee of the originating bank attested that she had never been in default during his employment; that the originating ba nk approved other loans to her, which would not have occurred had she defaulted; and that the guaranty agency’s cessation of garnishment efforts evidences her repayment of the loans. Rush’s contentions are not persuasive. The United States has submitted d ocuments certified by the United States Department of Education and other evidence showing her default. In the face of these records, Rush’s unsubstantiated and equivocal assertion that she repaid the loans does not create an issue of material fact. See Anderson v. Liberty Lobby, Inc. , 477 U.S. 242, 248

- 49 (1986). The former employee’s statement does not justify reversal because he left the bank before the3 default and would not know whether Rush defaulted. So too with respect to Rush’s other loans, as t he record indicates that they were executed before the default. Finally, the guaranty agency’s cessation of garnishment efforts does not create an issue of material fact. Undisputed evidence shows that the agency ceased collection activities not because Rush had repaid the loans, but because it assigned the loans to the Department of Education. Subsequently, the Department undertook its own collection efforts. Accordingly, we affirm. We dispense with oral argument because the facts and legal contentio ns are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED
#### § 793.16 “Radio or television station.”

The employee must be employed by a “radio or television station.” A radio or television station is one which is designated and licensed as such by the Federal Communications Commission.
Editorial Note on Part 6
Editorial Note: Nomenclature changes to part 6 appear at 61 FR 19984, May 3, 1996.

§ 6.7 Appearances. ( a ) *Representation.* The parties may appear in person, by counsel, or otherwise.
( b ) *Failure to appear.* In the event that a party appears at the hearing and no party appears for the opposing side, the presiding Administrative Law Judge is authorized, if such party fails to show good cause for such failure to appear, to dismiss the case or to find the facts as alleged in the complaint and to enter a default judgment containing such findings, conclusions and order as are appropriate. Only where a petition for review of such default judgment cites alleged procedural irregularities in the proceeding below and not the merits of the case shall a non-appearing party be permitted to file such a petition for review. Failure to appear at a hearing shall not be deemed to be a waiver of the right to be served with a copy of the Administrative Law Judge's decision.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from Boyds' 
Unaudited Condensed Consolidated Financial Statements as of, and for the
three months ended, March 31, 1999 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          84,129
<SECURITIES>                                         0
<RECEIVABLES>                                   31,157
<ALLOWANCES>                                       180
<INVENTORY>                                     11,457
<CURRENT-ASSETS>                               127,398
<PP&E>                                           3,404
<DEPRECIATION>                                   1,248
<TOTAL-ASSETS>                                 371,923
<CURRENT-LIABILITIES>                           20,816
<BONDS>                                        340,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                      (38,703)
<OTHER-SE>                                      49,810
<TOTAL-LIABILITY-AND-EQUITY>                   371,923
<SALES>                                         57,185
<TOTAL-REVENUES>                                57,185
<CGS>                                           18,676
<TOTAL-COSTS>                                    4,003
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               8,080
<INCOME-PRETAX>                                 26,426
<INCOME-TAX>                                     9,513
<INCOME-CONTINUING>                             16,913
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  1,380
<CHANGES>                                            0
<NET-INCOME>                                    15,533
<EPS-PRIMARY>                                     0.30
<EPS-DILUTED>                                     0.30
        

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

<PAGE>

<ARTICLE> 5
<CIK> 0001074771
<NAME> TRIAD HOSPITALS INC.
<MULTIPLIER> 1,000,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                              18
<SECURITIES>                                         0
<RECEIVABLES>                                      277
<ALLOWANCES>                                       135
<INVENTORY>                                         33
<CURRENT-ASSETS>                                   372
<PP&E>                                           1,268
<DEPRECIATION>                                     568
<TOTAL-ASSETS>                                   1,335
<CURRENT-LIABILITIES>                              130
<BONDS>                                            542
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                         585
<TOTAL-LIABILITY-AND-EQUITY>                     1,335
<SALES>                                              0
<TOTAL-REVENUES>                                   915
<CGS>                                                0
<TOTAL-COSTS>                                      513
<OTHER-EXPENSES>                                   193
<LOSS-PROVISION>                                    78
<INTEREST-EXPENSE>                                  47
<INCOME-PRETAX>                                     19
<INCOME-TAX>                                       (11)
<INCOME-CONTINUING>                                  8
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         8
<EPS-BASIC>                                       0.26
<EPS-DILUTED>                                     0.24


</TABLE>
[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Notices]
[Page 35390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13865]


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

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[AK-932-1410-HX; AA-65185]


Public Land Order No. 7449; Partial Revocation of Public Land 
Order No. 725; Alaska

AGENCY: Bureau of Land Management, Interior.

ACTION: Public Land Order.

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

SUMMARY: This order partially revokes a public land order insofar as it 
affects 32.66 acres of National Forest System land withdrawn for use by 
the Forest Service for the Edna Bay Administrative Site. The land is no 
longer needed for the purpose for which it was withdrawn. This action 
also allows the conveyance of the land to the State of Alaska, if such 
land is otherwise available. Land not conveyed to the State is opened 
to such forms of disposition as may by law be made of National Forest 
System land, subject to other withdrawals or segregations of record.

EFFECTIVE DATE: June 2, 2000.

FOR FURTHER INFORMATION CONTACT: Shirley J. Macke, Bureau of Land 
Management, Alaska State Office, 222 W. 7th Avenue, No. 13, Anchorage, 
Alaska 99513-7599, 907-271-5049.
    By virtue of the authority vested in the Secretary of the Interior 
by Section 204 of the Federal Land Policy and Management Act of 1976, 
43 U.S.C. 1714 (1994), it is ordered as follows:
    1. Public Land Order No. 725, which withdrew National Forest System 
land for administrative sites or for other public purposes, is hereby 
revoked insofar as it affects the following described land:

Copper River Meridian

Tongass National Forest

T. 68 S., R. 76 E., Sec. 28, lots 11 and 12, and W\1/2\SE\1/4\NW\1/
4\.

    The area described contains 32.66 acres.

    2. The State of Alaska application for selection made under Section 
6(a) of the Alaska Statehood Act of July 7, 1958, 48 U.S.C. note prec. 
21 (1994), and under Section 906(e) of the Alaska National Interest 
Lands Conservation Act, 43 U.S.C. 1635(e) (1994), is effective without 
further action by the State upon publication of this public land order 
in the Federal Register, if such land is otherwise available. Land not 
conveyed to the State is opened to such forms of disposition as may by 
law be made of National Forest System land subject to valid existing 
rights, the provisions of existing withdrawals, other segregations of 
record, and the requirements of applicable law.

    Dated: May 22, 2000.
Sylvia V. Baca,
Assistant Secretary of the Interior.
[FR Doc. 00-13865 Filed 6-1-00; 8:45 am]
BILLING CODE 4310-JA-P