alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

BY ELECTRONIC MAIL

November 15, 2013

Ray H. Darling, Jr.

Executive Secretary

Occupational Safety and Health Review Commission

washoshrccommission@oshrc.gov

Re: Kiewit Power Constructors Co., No. 11-2395

Dear Mr. Darling:

Pursuant to the Commission’s November, 14, 2013 order permitting the Secretary to submit a 

one-sentence response to Kiewit’s November 4, 2013 surreply, the Secretary submits the 

following response:

City of Arlington, Texas v. FCC, 133 S. Ct. 1863, 1871 (2013), not Kiewit’s cited authorities, 

applies here because OSH Act, section 6(a) expressly authorized the Secretary to promulgate 

established federal standards as OSH Act standards without notice-and-comment rule-making 

(thereby making the APA anti-implied-repeal provision, 5 U.S.C. § 559, inapplicable), but did 

not specify the scope of the permitted expansion of the coverage of these established federal 

standards (thereby making Chevron deference to the Secretary’s interpretation of section 6(a) 

appropriate). 

Respectfully submitted,

M. PATRICIA SMITH

Solicitor

JOSEPH M. WOODWARD

Associate Solicitor for

Occupational Safety 

 and Health

CHARLES F. JAMES

Counsel for Appellate Litigation

/s/ Scott Glabman____________

SCOTT GLABMAN

Senior Appellate Attorney 

U.S. Department of Labor

Room S-4004

200 Constitution Avenue, N.W.

Washington, D.C. 20210-0001

Cc: Messrs. Sapper and Joseph (202) 693-5493
"Kiewit Power Constructors Co.," No. 11-2395 

Glabman, Scott - SOL [Glabman.Scott@dol.gov] 

Dear Mr. Darling:

I attach the Secretary’s response to Kiewit’s supplemental authorities surreply. I have e­mailed a copy of the 

response to opposing counsel and counsel for amicus curiae APA Watch as indicated in the above cc line.

Sincerely,

Scott Glabman

Senior Appellate Attorney

Office of the Solicitor

Occupational Safety and Health Division

U.S. Department of Labor

(voice) (202) 693­5493

(fax) (202) 693­5466

This message may contain information that is privileged or otherwise exempt from disclosure under applicable law. Do not disclose 

without consulting the Office of the Solicitor. If you believe that you have received this e­mail in error, please notifiy the sender 

immediately.

Sent: Friday, November 15, 2013 1:40 PM 

To: washoshrccommission 

Cc: asapper@mwe.com; ljoseph@larryjoseph.com 

Attachments: Kiewit-OSHRC-Secretary's R~1.pdf (12 KB)

"Kiewit Power Constructors Co.," No. 11-2395 Page 1 of 1

https://mail.oshrc.gov/owa/?ae=Item&t=IPM.Note&id=RgAAAAAk%2bQDTlPmYR61... 11/15/2013
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

<ARTICLE>  5
<MULTIPLIER>   1
       
<S>                         <C>
<PERIOD-TYPE>                THREE MONTHS
<FISCAL-YEAR-END>            DEC-31-1997
<PERIOD-END>                 MAR-31-1997
<CASH>                        7,033,000
<SECURITIES>                          0
<RECEIVABLES>                19,343,000
<ALLOWANCES>                    101,000
<INVENTORY>                   5,379,000
<CURRENT-ASSETS>             33,066,000
<PP&E>                        1,700,000
<DEPRECIATION>                        0
<TOTAL-ASSETS>               40,858,000
<CURRENT-LAIBILITIES>        26,472,000
<BONDS>                               0
<PREFERRED-MANDATORY>                 0
<PREFERRED>                           0
<COMMON>                         45,962
<OTHER-SE>                   14,264,000
<TOTAL-LIABILITY-AND-EQUITY> 40,858,000
<SALES>                      17,864,000
<TOTAL-REVENUES>             17,864,000
<CGS>                        13,429,000
<TOTAL-COSTS>                16,899,000
<OTHER-EXPENSES>                      0
<LOSS-PROVISION>                      0
<INTEREST-EXPENSE>              282,000
<INCOME-PRETAX>                 715,000
<INCOME-TAX>                    285,900
<INCOME-CONTINUING>             429,000
<DISCONTINUED>                        0
<EXTRAORDINARY>                       0
<CHANGES>                             0
<NET-INCOME>                    429,000
<EPS-PRIMARY>                       .12
<EPS-DILUTED>                       .11
        

</TABLE>
United States of America
      OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
            1120 20th Street, N.W., Ninth Floor
                 Washington, DC 20036-3457
  
  
  
  SECRETARY OF LABOR,
  
               Complainant,
  
                    v.
  
  CHARLES W. MASON, DDS &
  ASSOCIATES, PLLC
  
               Respondent.
  
  
  
  OSHRC Docket No. 10-2313
  
  
                      BRIEFING NOTICE
       The Commission requests that the parties brief the following issues:
       (1)                                                    Did the judge err in affirming Citation 1, Item 1, which alleged a violation of 29
       C.F.R.  1910.1200(h)(1) (hazardous chemical information and training)?  In
       addressing this question, the parties are asked to discuss: 
            (a)                                               the material safety data sheets for the substances at issue which set forth
            the chemical manufacturers' hazard determinations (see 29 C.F.R.
             1910.1200(d)(1) (hazard determination)); and 
            (b)                                               the training documents which Respondent claims show that its employees
            received hazardous chemical training on the substances at issue.
       (1)                                                    Did the judge err in affirming Citation 1, Item 3a, which alleged a violation of 29
       C.F.R.  1910.1030(d)(4)(iii)(A)(1) (contaminated sharps discarding and
       containment)?
  The parties are advised that when the merits or characterization of an item are
  before the Commission for review, the appropriateness of the penalty is also subject to
  review.  Accordingly, the parties may address the amount of the penalty if they so
  choose.
  All briefs are to be filed in accordance with Commission Rule 93.  The first brief
  is to be filed within 40 days of this notice.  A party who does not intend to file a brief
  must notify the Commission in writing setting forth the reason therefor within the
  applicable time for filing briefs, and shall serve a copy on all other parties.  The time for 
  filing briefs (or similar notices of intent) of opposing parties shall commence on the date
  of service.
  
  
                                BY DIRECTION OF THE COMMISSION
  
  
  
  Dated:     November 15, 2012            _/s/______________________________
                           Ray H. Darling, Jr.
                           Executive Secretary
EXHIBIT 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
            PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      I, Richard Goldenberg, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual Report of EVCI Career Colleges Incorporated on Form 10-KSB/A for the year
ended December 31, 2003 fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934 and that information contained in
such report fairly presents in all material respects the financial condition and
results of operations of EVCI Career Colleges Incorporated.


Dated: April 28, 2004                                   /s/Richard Goldenberg
                                                        ------------------------
                                                        Richard Goldenberg
                                                        Chief Financial Officer
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY INFORMATION EXTRACTED FROM THE MEDIRISK, INC.
CONSOLIDATED CONDENSED STATEMENT OF OPERATIONS FOR THE NINE MONTHS ENDED
SEPTEMBER 30, 1998 AND THE MEDIRISK, INC. CONSOLIDATED CONDENSED BALANCE SHEET
AS OF SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
CONSOLIDATED CONDENSED FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          21,769
<SECURITIES>                                         0
<RECEIVABLES>                                    6,163
<ALLOWANCES>                                       393
<INVENTORY>                                          0
<CURRENT-ASSETS>                                30,868
<PP&E>                                           5,082
<DEPRECIATION>                                   2,128
<TOTAL-ASSETS>                                  59,547
<CURRENT-LIABILITIES>                            5,791
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             7
<OTHER-SE>                                      52,723
<TOTAL-LIABILITY-AND-EQUITY>                    59,547
<SALES>                                         18,354
<TOTAL-REVENUES>                                18,354
<CGS>                                                0
<TOTAL-COSTS>                                   29,601
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 135
<INCOME-PRETAX>                                (10,947)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (10,947)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (10,947)
<EPS-PRIMARY>                                    (1.93)
<EPS-DILUTED>                                    (1.93)
        


</TABLE>
III 

115TH CONGRESS 

2D SESSION H. CON. RES. 103 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 15, 2018 

Received 

CONCURRENT RESOLUTION 

Authorizing the use of Emancipation Hall for a ceremony 

as part of the commemoration of the days of remembrance of victims of the Holocaust. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. USE OF EMANCIPATION HALL FOR HOLOCAUST 

4 DAYS OF REMEMBRANCE CEREMONY. 

5 Emancipation Hall in the Capitol Visitor Center is 

6 authorized to be used on April 9, 2018, for a ceremony 

7 as part of the commemoration of the days of remembrance 


amozie on DSK30RV082PROD with BILLS
2 

HCON 103 RDS 

1 of victims of the Holocaust. Physical preparations for the 

2 ceremony shall be carried out in accordance with such con3 ditions as the Architect of the Capitol may prescribe. 

Passed the House of Representatives February 14, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


amozie on DSK30RV082PROD with BILLS
IN THE SUPREME COURT OF NORTH CAROLINA No. 2 44 A 1 8 Filed 14 June 2019 TOWN OF NAGS HEAD

v. WILLIAM W. RICHARDSON and wife, MARTHA W. RICHARDSON

Appeal pursuant to N.C.G.S. § 7A

- 30(2) from the decision of a divided panel of the Court of Appeals, ___ N.C. App. ___, 81 7 S.E.2d 8 74 (2018), reversing a judgment notwithstanding the verdict entered on 1 7 October 201 6 by Judge Gary E. Trawick in Superior Court, Dare County , and remanding for a new trial. Heard in the Supreme Court on 29 May 2019 in session in the State Capitol Building in the City of Raleigh

. Hornthal, Riley, Ellis & Maland, L.L.P., by Benjamin M. Gallop and M.H. Hood Ellis , for plaintiff

- appellant/appellee

. Ne xsen Pruet, PLLC, by David P. Ferrell and Norman W. Shearin , for defendant

- appellants/appellees

.

PER CURIAM.
For the reasons stated in the majority opinion, t his Court affirms the decision of the Court of Appeals. Further, to clarify the remand order, the sole issue on remand is the fair market value of the easement or, as presented to the jury, “What was the fair market value of the 10

- year beach nourishment easement on the Richardsons’ property taken by the Town of Nags Head at the time of taking?”

. SeeT OWN OF N AGS H EAD V
. R ICHARDSON Opinion of the Court

- 2

- N.C.G.S. § 40A

- 64(b)(ii) (2017) (“If there is a taking of less than the entire tract, the measure of compensation is

. . . the fair market value of the property taken.” )

. AFFIRMED.
Justice DAVIS did not participate in the consideration or decision of this case.
DATOS

RÁPIDOS

Departamento del Trabajo de EE.UU.

www.osha.gov (800) 321-OSHA

Para información más completa:

Administración de

Seguridad y Salud

Ocupacional

Roedores, Culebras e

Insectos

Insectos, Arañas y Garrapatas

• Para protegerse de insectos que muerden y pican, use

pantalones largos, medias y camisas de manga larga.

• Use repelente de insectos que contengan DEET o Picaridin.

• Trate las mordeduras y picadas con productos que puedan

ser adquiridos sin receta que alivian el dolor y previenen

infecciones.

• Evite las hormigas rojas de fuego, su mordedura es

dolorosa y causa ampollas.

• Reacciones severas a mordeduras de hormigas rojas de

fuego (dolor en el pecho, nausea, sudor, falta de aire, hinchazón seria o dificultad en el habla) requieren tratamiento

médico inmediato.

Roedores y Animales Salvajes o Perdidos (Realengos)

• Los animales vivos y muertos pueden propagar enfermedades como Fiebre por Mordedura de Rata y Rabia.

• Evite el contacto con animales salvajes o perdidos.

• Evite el contacto con ratas o edificios contaminados de

ratas. Si no puede evitar el contacto, use guantes de protección y lave sus manos regularmente.

• Deshágase de animales muertos tan pronto le sea posible.

• Si es mordido/rasguñado, consiga atención médica

inmediatamente.

Culebras

• Mire donde pone sus manos y pies cuando esté

removiendo escombros. Si es posible, no meta sus

dedos debajo de los escombros que está removiendo.

Use guantes fuertes.

• Si ve una culebra, retírese y déjela que siga.

• Use botas que cubran al menos 10 pulgadas de sus piernas.

• Esté pendiente de culebras asoleándose en árboles caídos, ramas u otros escombros.

• La distancia de ataque de una culebra es cerca de la

mitad del largo de la culebra.

• Si es mordido, observe el color y la forma de la cabeza de

la culebra para que pueda ayudar con su tratamiento.

• Mantenga quietas y calmadas a las víctimas de mordeduras para disminuir la propagación del veneno en caso

de que la culebra sea venenosa. Busque atención médica

tan pronto le sea posible.

• No corte la herida o trate de succionar el veneno. Aplique

los primeros auxilios: coloque a la persona de manera tal

que la mordedura esté más abajo que el nivel del corazón,

y cubra la mordedura con un vendaje limpio y seco.
#### H. T. BAHNSEN v. F. A. CHESEBRO.

*Arrest and Bail*— Suffieieney *of Affidavit*— Praetiee.

In an action for arrest and bail, the plaintiff alleged in substance that the defendant had sold him a certain patent right, representing the same'to be genuine and no infringement upon any prior patent, which representations were false and intended to deceive plaintiff; that he had been damaged the amount of the purchase money paid to defendant; and that defendant was a non-resident; Held, that the order of arrest was properly issued.

Motion to vacate an Order of Arrest heard at Chambers on the 3d of April, 1877, before *Kerr J.*

The plaintiff instituted an action against the defendant in the Superior Court of Eorsythe County, demanding payment of $1,100, and at the same time filed the following affidavit in support of an allegation in his complaint: “ That in April or May, 1876, the defendant sold to plaintiff a certain patent known as ‘Donaldson’s Inhaler,’ for which this affiant paid from time to time the sum of about $1,100 ; that this affiant made the purchase upon the representations of defendant that the said patent was genuine and no infringement on any patent heretofore obtained, which representation caused the plaintiff to make the purchase; that said representations were false, and as this affiant is informed and believes, were knowingly false at the time they were made, and intended to defraud plaintiff and induce him to buy ; that by reason of said patent being an infringement on a patent previously granted, it was worthless to the plaintiff, he not being allowed to deal in the same without subjecting himself to an action for damages by the prior patentee; that by reason of said false and fraudulent representations, the plaintiff has been damaged ■ to the amount of $1,100; and *326that the defendant is not a resident of this State, but claims to be a citizen of Baltimore.”

Upon this affidavit the Clerk of the Superior Court of Eorsythe County ordered the arrest of the defendant, who insisted at the hearing of this motion ; (1) that the controversy was one arising under the Patent Laws of the United :States, and as such the State Courts had no jurisdiction ; (2) that he was acting as agent of his father and sold said “Iu-Raler” as an improved instrument and not as an original invention, and that plaintiff bought with a knowledge of this fact; and (3) that no fraud was practiced on plaintiff and that there was no evidence of an infringement on any other patent. His Honor after argument refused the motion and the defendant appealed.

*Messrs. Watson*Glenn, for plaintiff.

*Messrs. J. C. Buxton, J. M. Clement*and *J. M. McCorkle,*for ■defendant.

PeáRSON, C. J.

Upon reading the affidavits filed in the complaint, we are satisfied that there was probable cause to support the allegation that the contract was obtained by means of false and fraudulent representations. We concur with His Honor in the conclusion that the motion to vacate the order of arrest ought not to be granted.

No error.

PER Curiam. Judgment affirmed.
## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-82,239-01

EX P ARTE EYNEL GUZ MAN, R elator ON AP P LICATIONS FOR WRITS OF M ANDAM US CAUSE NOS. 219-81005-08 & 219-81460- 08 IN THE 219T H DISTRICT COURT FROM C OLLI N COUNTY
Per curiam . O R D E R
Relator has filed a motion for l ea v e to file a writ of mandamus pursuant to the orig inal jurisdiction of this Court. I n it, he contends that he filed applications for writs of habea s corpus in the 219th District Court of Colli n County challeng ing cause numbers 219-81005-08 and 219-81460- 08. The trial court enter ed order s desig nating issues in both cause s on August 20, 2 0 1 2
. T h ese applications have y et bee n forwa rded to this Court. Respondent, the J udg e of the 219th District Court of Colli n County , shall file a response with this Court by having the Dis trict C l erk submit the records on such habeas corpus applications. In the alternative, Respondent may resolve the issues set out in the order s desig nating issues and then2

have the District Clerk submit the rec ords on such applications. In either case , Respondent’s answe r shall be submitted within 30 day s of the date of this orde r. This a pplication for leave to f

ile a writ of mandamus will be held in abeyance until R espondent ha s submitt ed a r esponse.

Filed: Nove mber 5, 2014 Do not publish
**EXHIBIT
      32.2**


**CERTIFICATION
      PURSUANT TO 18 USC, SECTION 1350,**


**AS
      ADOPTED PURSUANT TO SECTION 906**


**OF
      THE SARBANES-OXLEY ACT OF 2002**





In
      connection with the Quarterly Report of Renhuang Pharmaceuticals, Inc. (the
      “Company”) on Form 10-Q for the quarter ended April 30, 2007, as filed with the
      Securities and Exchange Commission on or about the date hereof (the “Report”),
      I, Zuoliang Wang, Chief Financial Officer of the Company, certify, 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 Sections 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and





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








Dated:
                June 14, 2007
            /s/
                Zuoliang WangBy:
                Zuoliang WangIts:
                Interim Chief Financial Officer








A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Renhuang Pharmaceuticals, Inc. and will be retained by Renhuang Pharmaceuticals,
      Inc. and furnished to the Securities and Exchange Commission or its staff upon
      request.
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 Alaska Airlines, Inc. (the “Company”) on
Form 10-K for the period ended December 31, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, William
S. Ayer, Chairman & Chief Executive Officer of the Company, certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 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, 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.





By
            /s/    WILLIAM S. AYERWilliam
      S. AyerChairman &
      Chief Executive Officer





February
24, 2010
Document Headings

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                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         November 14, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on October 31, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 591 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-230, K2025-228.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-26351 Filed 11-13-24; 8:45 am]

BILLING CODE 7710-12-P