alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019206EN.01000401.xml

| 17.6.2019 | EN | Official Journal of the European Union | C 206/4 |
| --- | --- | --- | --- |

17.6.2019

EN

Official Journal of the European Union

C 206/4

---

Judgment of the Court (Third Chamber) of 4 April 2019 (request for a preliminary ruling from the Landgericht Köln — Germany) — Germanwings GmbH v Wolfgang Pauels

(Case C-501/17) (1)

(Reference for a preliminary ruling - Air transport - Regulation (EC) No 261/2004 - Article 5(3) - Compensation to passengers in the event of denied boarding and of cancellation or long delay of flights - Scope - Exemption from the obligation to pay compensation - Notion of ‘extraordinary circumstances’ - Damage to an aircraft tyre caused by a foreign object lying on an airport runway)

(2019/C 206/04)

Language of the case: German

Referring court

Landgericht Köln

Parties to the main proceedings

Appellant: Germanwings GmbH

Respondent: Wolfgang Pauels

Operative part of the judgment

Article 5(3) of Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91, read in the light of recital 14 thereof, must be interpreted as meaning that damage to an aircraft tyre caused by a foreign object, such as loose debris, lying on an airport runway falls within the notion of ‘extraordinary circumstances’ within the meaning of that provision.

However, in order to be released from its obligation to pay passengers compensation under Article 7 of Regulation No 261/2004, an air carrier whose flight has been subject to long delay due to such ‘extraordinary circumstances’ must prove that it deployed all its resources in terms of staff or equipment and the financial means at its disposal in order to avoid the changing of a tyre damaged by a foreign object, such as loose debris, lying on the airport runway from leading to long delay of the flight in question.

---

(1)  OJ C 392, 20.11.2017.

---
R. John Hansman Massachusetts Institute of Technology

T Wilson Profess 77 Massachusetts Avenue. Building 33-303 or of Aeronautics and Astronautics 

Director Cambridge, Massachusetts 02139-4307 , International Center of Air Transportation 

Aeronautics and Astronautics Phone 617-253-2271 

Engineering Systems Division Fax 

Email 

617-253-4196 

rjhans@mrt edu 

November 10, 2014 

The Honorable Michael P. Huerta 

Administrator 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Dear Administrator H~ •<-\uJ-e-\ 

On behalf of the REDAC I am pleased to transmit the attached informal report identifying emerging issues and 

opportunities identified by the REDAC subcommittees. This effort was undertaken, in addition to our normal 

tasking, in response to expressed interest of senior management to provide input on the strategic aspects of the 

agency's research portfolio. 

During the fall meeting of the each subcommittee, the members devoted some time providing their perspective on 

emerging issues or opportunities and trying to identify high priority issues. The broad representation of the 

REDAC provides a diversity of technical and operational viewpoints. This informal brainstorming process has 

stimulated useful dialogue and strategic thinking at both the researcher level during subcommittee meetings and 

at the senior manager level during the full REDAC meeting. 

While the specific issues identified by each subcommittee are noted in the attached report, several thematic areas 

were identified where there was strong consensus of the value of strategic research . These include: 

- Integration of UAS in the NAS 

- Validation and Verification of Increasingly Complex NAS Systems 

- Human Factors of Increasingly Automated Systems 

- Data Integrity and Cyber-Security 

- Challenges and Opportunities of Big Data in the NAS 

- General Aviation Safety 

We hope that the set of identified issues will be useful as input to developing the research plans moving forward . 

However we note that this was only a brief issues identification process and do not consider it a forma l or carefully 

vetted process. As such the REDAC does not expect a formal response but only hopes that this is the beginning 

of a continuing dialogue to help you and the agency anticipate future research needs. 

The attached subcommittee reports also include some detailed findings regarding the current research program 

but no major findings or recommendations were identified. 

The REDAC and its subcommittees appreciated the opportunity to engage in a more active way with the FAA 

research community. We stand ready to help in any way we can be effective including a deeper approach to 

specific issues or continuing to help identify emerging issues in the future. 

Sincerely, 

R. John Hansman 

Chair, FAA Research, Engineering and Development Advisory Committee 

Enclosure
II 

119TH CONGRESS 

1ST SESSION H. R. 189 

IN THE SENATE OF THE UNITED STATES 

JANUARY 14, 2025 

Received; read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

AN ACT 

To amend title 40, United States Code, to eliminate the 

leasing authority of the Securities and Exchange Commission, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


ssavage on LAPJG3WLY3PROD with BILLS
2 

HR 189 RFS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Securities and Ex3 change Commission Real Estate Leasing Authority Rev4 ocation Act’’. 

5 SEC. 2. LEASING OF SPACE FOR SECURITIES AND EX6 CHANGE COMMISSION. 

7 (a) IN GENERAL.—Section 3304 of title 40, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘(e) LEASING OF SPACE FOR SECURITIES AND EX11 CHANGE COMMISSION.—Notwithstanding any other provi12 sion of law, on and after the date of enactment of this 

13 subsection, the Securities and Exchange Commission may 

14 not lease general purpose office space. The Administrator 

15 may lease such space for the Securities and Exchange 

16 Commission under section 585 and this chapter.’’. 

17 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 

18 The amendment made by subsection (a) may not be con19 strued to invalidate or otherwise affect a lease entered into 

20 by the Securities and Exchange Commission before the 

21 date of enactment of this Act. 

22 SEC. 3. INDEPENDENT LEASING AUTHORITIES. 

23 (a) IN GENERAL.—The Comptroller General of the 

24 United States shall submit to the Committee on Transpor25 tation and Infrastructure of the House of Representatives, 

26 the Committee on Environment and Public Works of the 


ssavage on LAPJG3WLY3PROD with BILLS
3 

HR 189 RFS

1 Senate, and the Committee on Homeland Security and 

2 Governmental Affairs of the Senate a report on the review 

3 described in subsection (b). 

4 (b) REVIEW.—The Comptroller General shall com5 plete a review under which the Comptroller General shall 

6 update the 2016 report of the Comptroller General (GAO– 

7 16–648) with a specific focus on the following: 

8 (1) Updating the information included in Ap9 pendix II: Federal Entities That Reported Having 

10 Independent Leasing Authority for Domestic Offices 

11 and Warehouses of such report. 

12 (2) Determining to what extent Federal entities 

13 with independent leasing authorities have had such 

14 authorities rescinded or amended and the number 

15 and amount of office and warehouse space such enti16 ties lease. 

17 (3) Determining to what extent have agencies 

18 with independent leasing authority utilized the Gen19 eral Services Administration for leasing, including 

20 utilization of delegation of authority. 


ssavage on LAPJG3WLY3PROD with BILLS
4 

HR 189 RFS

1 (4) Identifying progress made on implementing 

2 the recommendations in such report. 

Passed the House of Representatives January 13, 

2025. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


ssavage on LAPJG3WLY3PROD with BILLS
```

[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Proposed Rules]
[Page 107103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31065]

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

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 211

[Docket No. FRA-2024-0033, Notice No. 3]
RIN 2130-AC97

Federal Railroad Administration's Procedures for Waivers and 
Safety-Related Proceedings; Withdrawal

AGENCY: Federal Railroad Administration (FRA), U.S. Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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

SUMMARY: FRA is withdrawing the October 29, 2024, NPRM that proposed to 
update FRA's procedures for waivers and safety-related proceedings to 
define the two components of the statutory waiver and suspension 
standard, ``in the public interest'' and ``consistent with railroad 
safety.''

DATES: The NPRM published at 89 FR 85895 on October 29, 2024, is 
withdrawn as of December 31, 2024.

FOR FURTHER INFORMATION CONTACT: Veronica Chittim, Senior Attorney, 
Office of the Chief Counsel, at [email protected], 202-480-3410; 
or Lucinda Henriksen, Senior Advisor, Office of Railroad Safety, at 
[email protected], 202-657-2842.

SUPPLEMENTARY INFORMATION: 

Background

    This action withdraws an NPRM published in the Federal Register on 
October 29, 2024 (89 FR 85895), that proposed to update FRA's 
procedures for waivers and safety-related proceedings to define the two 
components of the statutory waiver and suspension standard, ``in the 
public interest'' and ``consistent with railroad safety.'' The NPRM's 
comment period is scheduled to close on January 15, 2025.

Reason for Withdrawal

    In light of resource constraints to address the numerous rail 
safety matters before the agency and because FRA has previously issued 
guidance on the subject matter covered by the NPRM,\1\ FRA has decided 
to withdraw the NPRM. FRA may pursue similar regulations in the future 
and will consider updating the existing guidance.
---------------------------------------------------------------------------

    \1\ https://railroads.dot.gov/elibrary/guidance-submitting-requests-waivers-block-signal-applications-and-other-approval-requests; 88 FR 1448 (Jan. 10, 2023).
---------------------------------------------------------------------------

    Despite the decision not to move forward with the proposed rule at 
this time, FRA appreciates and takes seriously the thoughtful 
perspectives raised by stakeholders concerning the waiver process. FRA 
will continue engaging with its stakeholders on all rail safety 
matters.

Conclusion

    The NPRM published in the Federal Register on October 29, 2024 (89 
FR 85895), is hereby withdrawn.
    Authority: 49 U.S.C. 20103, 20107, 20114, 20306, 20502-20504, and 
49 CFR 1.89.

    Issued in Washington, DC.
Allison Ishihara Fultz,
Chief Counsel.
[FR Doc. 2024-31065 Filed 12-30-24; 8:45 am]
BILLING CODE 4910-06-P
```
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF PARI-MUTUEL WAGERING, Appellant, v. Charles F. MCCLELLAN, and Natasha Nemeth, Appellees.

No. 1D18-1212

District Court of Appeal of Florida, First District.

March 29, 2019

**DECISION WITHOUTPUBLISHED OPINION**

Affirmed.
Exhibit 32.2  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  In connection with the Quarterly Report of Parks! America, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard Jackson, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 1350 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 results of operations of the Company.  The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. section 1350 and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.   Date:  November 19, 2008By:/s/ Richard W. JacksonRichard W. Jackson
Chief Financial Officer
CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



The undersigned, John M. Alston, President and Chief Executive Officer of Carmina Technologies Inc., and Glen R. Alston, Chief Financial Officer of Carmina Technologies Inc., each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



(1)

the Annual Report on Form 10-KSB of Carmina Technologies Inc. for the year ended December 31, 2003 (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 results of operations of Carmina Technologies Inc.



|Dated: May 26, 2004 |  |                                       
|------------------- |  | --------------------------------------
|                    |  |                                       
|                    |  |                                       
|                    |  | /s/ John M. Alston                    
|                    |  | John M. Alston                        
|                    |  | President and Chief Executive Officer,
|                    |  | Carmina Technologies Inc.             
|                    |  |                                       
|                    |  |                                       
|                    |  | /s/ Glen R. Alston                    
|                    |  | Glen R. Alston                        
|                    |  | Chief Financial Officer,              
|                    |  | Carmina Technologies Inc.
# C_2020068EN.01003801.xml

| 2.3.2020 | EN | Official Journal of the European Union | C 68/38 |
| --- | --- | --- | --- |

2.3.2020

EN

Official Journal of the European Union

C 68/38

---

Action brought on 10 January 2020 — European Commission v Hellenic Republic

(Case C-11/20)

(2020/C 68/41)

Language of the case: Greek

Parties

Applicant: European Commission (represented by: A. Bouhagiar and Th. Ramopoulos, acting as Agents)

Defendant: Hellenic Republic

Form of order sought

The applicant claims that the Court should:

| — | declare that, by failing to adopt within the prescribed period all the measures necessary to implement the Commission’s decision of 7 December 2011 in the case SA.28864 SA.28864 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 or, in any event, by failing to inform the Commission sufficiently — in accordance with Article 4 of that decision — of the measures it has taken, the Hellenic Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and under the Treaty on the Functioning of the European Union; |
| --- | --- |

—

declare that, by failing to adopt within the prescribed period all the measures necessary to implement the Commission’s decision of 7 December 2011 in the case SA.28864 SA.28864 concerning compensation payments made by the Greek Agricultural Insurance Organisation (ELGA) in 2008 and 2009 or, in any event, by failing to inform the Commission sufficiently — in accordance with Article 4 of that decision — of the measures it has taken, the Hellenic Republic has failed to fulfil its obligations under Articles 2, 3 and 4 of that decision and under the Treaty on the Functioning of the European Union;

| — | order Hellenic Republic to pay the costs. |
| --- | --- |

—

order Hellenic Republic to pay the costs.

Pleas in law and main arguments

Under the terms of the Commission decision of 7 December 2011 in case SA.28864, the Hellenic Republic was required to recover within four months the incompatible aid paid by the Greek Agricultural Insurance Agency (ELGA) during 2008 and 2009 and to provide sufficient information to the Commission regarding the necessary measures adopted to that end.

However, the Hellenic Republic has not recovered that aid as it was required to do. Moreover, the Hellenic Republic has not yet adopted the measures necessary to implement the decision. In any event, the Hellenic Republic has not sufficiently informed the European Commission of the measures relevant to the implementation of the decision.

---
# C_2021481EN.01002402.xml

| 29.11.2021 | EN | Official Journal of the European Union | C 481/24 |
| --- | --- | --- | --- |

29.11.2021

EN

Official Journal of the European Union

C 481/24

---

Judgment of the General Court of 6 October 2021 — Allergan Holdings France v EUIPO — Dermavita Company (JUVEDERM)

(Case T-397/20) (1)

(EU trade mark - Revocation proceedings - EU word mark JUVEDERM - Genuine use of the mark - Use in connection with the goods in respect of which the mark is registered - Article 51(1)(a) of Regulation (EC) No 207/2009 (now Article 58(1)(a) of Regulation (EU) 2017/1001))

(2021/C 481/34)

Language of the case: English

Parties

Applicant: Allergan Holdings France SAS (Courbevoie, France) (represented by: J. Day, Solicitor, and T. de Haan, lawyer)

Defendant: European Union Intellectual Property Office (represented by: K. Zajfert and V.J. Ruzek, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Dermavita Company S.a.r.l. (Beirut, Lebanon) (represented by: D. Todorov, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 14 April 2020 (Case R 877/2019-4), relating to revocation proceedings between Dermavita Company and Allergan Holdings France.

Operative part of the judgment

The Court:

| 1. | Rejects the plea of inadmissibility; |
| --- | --- |

1.

Rejects the plea of inadmissibility;

| 2. | Dismisses the action; |
| --- | --- |

2.

Dismisses the action;

| 3. | Orders Allergan Holdings France SAS to bear, in addition to its own costs, the costs incurred by the European Union Intellectual Property Office (EUIPO) and two-thirds of the costs incurred by Dermavita Company S.a.r.l. relating to the present proceedings; |
| --- | --- |

3.

Orders Allergan Holdings France SAS to bear, in addition to its own costs, the costs incurred by the European Union Intellectual Property Office (EUIPO) and two-thirds of the costs incurred by Dermavita Company S.a.r.l. relating to the present proceedings;

| 4. | Orders Dermavita Company S.a.r.l. to bear a third of its own costs relating to the present proceedings. |
| --- | --- |

4.

Orders Dermavita Company S.a.r.l. to bear a third of its own costs relating to the present proceedings.

---

(1)  OJ C 279, 24.8.2020.

---
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 6, 2007 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-51485 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ARMANDO GUTIERREZ-ACUNA, also known as Marcial Roman-Gonzalez, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 3:06-CR-2118-ALL

-------------------- Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Armando Gutierrez-Acuna raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
```

[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Page 1980]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00279]

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

DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2024-HQ-0010]

Submission for OMB Review; Comment Request

AGENCY: Department of the Army, Department of Defense (DoD).

ACTION: 30-Day information collection notice.

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

SUMMARY: The DoD has submitted to the Office of Management and Budget 
(OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act.

DATES: Consideration will be given to all comments received by February 
10, 2025.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Reginald Lucas, (571) 372-7574, 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Title; Associated Form; and OMB Number: Exchange Official Personnel 
Folder--Privilege Card; Exchange Form 1100-016; OMB Control Number 
0702-0129.
    Type of Request: Extension.
    Number of Respondents: 207.
    Responses per Respondent: 1.
    Annual Responses: 207.
    Average Burden per Response: 15 minutes.
    Annual Burden Hours: 52.
    Needs and Uses: The information collection requirement is necessary 
to obtain authorization or continued authorization for patronage to 
exchange associate dependents for shopping privileges. Respondents are 
Exchange employee dependents who wish to become or remain eligible 
Exchange patrons. Exchange Form 1100-016 provides Exchange Human 
Resources information to verify and authorize patronage to these 
individuals. If approved, the individual will obtain a personalized, 
laminated dependent card for shopping privileges.
    Affected Public: Individuals or households.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    DOD Clearance Officer: Mr. Reginald Lucas.

    Dated: January 3, 2025.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2025-00279 Filed 1-8-25; 8:45 am]
BILLING CODE 3710-08-P?>
```