In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: rights, it must be settled in court. The permit may thus be perfectly valid, so far as the conservation laws are concerned, and yet the permittee’s right to drill under it may depend upon his establishing title in a suit at law. Id. at 191. While we noted that the Railroad Commission “should not do the useless thing of granting a permit to one who does not claim the property in good faith,” the Railroad Commission’s determination of the propriety of the permit has no effect on the propriety of the permittee’s potentially tortious actions. Id. Of course, statutory remedies may preempt common law actions or other standards that may set the bar for liability in tort, but a permit is not a get out of tort free card. Cf. MCI Sales & Serv., Inc. v. Hinton, 329 S.W.3d 475, 494, 499 (Tex.2010) (<HOLDING>). But in this case, the statute authorizing the 
 Holding statements: (A) holding that a state common law claim seeking to require automobile manufacturers to install airbags would frustrate the purposes of the federal safety standard regulations adopted under the federal motor vehicle safety act which did not require manufacturers to do so and therefore was preempted by conflict (B) holding design planning and enforcement of bus safety rules for school bus transportation were not operation of motor vehicle under section 4145 (C) holding that the sensible and popular understanding of what a motor vehicle accident entails necessarily involves the motor vehicle being operated as a motor vehicle  (D) holding the federal motor vehicle safety standards do not preempt jury findings that a bus manufacturers buses were defectively designed (E) holding that the statutory definition of motor vehicle is not controlling
[EX A]: (D)

[EX Q]: for ‘non-generic burglary’ does not.” United States v. Rainer, 616 F.3d 1212, 1213 (11th Cir.2010). A “generic” burglary is “any crime, regardless of its exact definition or label, having the basic elements of unlawful or unprivileged entry into, or remaining in, a building or structure, with intent to commit a crime.” Taylor v. United States, 495 U.S. 575, 599, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). A “non-generic” burglary is one that “do[es] not include all of the elements essential to generic burglaries,” including burglaries of boats, automobiles, and other non-buildings. Rainer, 616 F.3d at 1214. The government has a legitimate interest in “prevent[ing] repeat offenders from continuing to victimize society.” See United States v. Johns, 984 F.2d 1162, 1164 (11th Cir.1993) (<HOLDING>). The Supreme Court in Taylor determined that 
 Holding statements: (A) holding substantive due process not violated when licensing decisions are based on scheme rationally related to a governmental interest (B) holding that the particular method is not rationally related to legitimate government interest if it is clearly arbitrary and unreasonable (C) holding transfer rule did not violate federal equal protection as rule was uniformly applied not arbitrary and rationally related to legitimate government interest (D) recognizing due process concerns inherent in sentencing based on false criminal history (E) holding that sentencing criminals in part based on criminal history is rationally related to a legitimate government interest
[EX A]: (E)

[EX Q]: (1991) (“Considerations in favor of stare decisis are at their acme in cases involving property and contract rights, where reliance interests are involved[.]”); see also Planned Parenthood v. Casey, — U.S.-, -, 112 S.Ct. 2791, 2809, 120 L.Ed.2d 674 (1992) (“[T]he classic ease for weighing reliance heavily in favor of fobowing the earber rule occurs in the commercial contextf.]”). Upsetting what may very web be the legitimate expectations of one or more of the parties under the rubric of “treating similarly situated parties the same” may simply be unjustified. A similar concern for the rebanee interests of state and local governments imposing taxes motivated the plurahty’s opinion in American Trucking Ass’ns v. Smith, 496 U.S. 167, 182-83, 110 S.Ct. 2323, 2333, 110 L.Ed.2d 148 (1990) (<HOLDING>). In the tort context, however, a party’s 
 Holding statements: (A) holding that previous decision invalidating highway use equalization tax should not be appbed retroactively because of inequity of unsettling actions taken in rebanee on overruled precedents (B) holding that state legislature should determine whether to cure discriminatory tax by enforcing tax as to all or forgiving tax in its entirety (C) holding that the essential purpose of use tax is the recoupment of lost sales tax revenue (D) holding a tribe subject to 1 a tax on the use of certain highway motor vehicles 26 usc  4481a 2 a tax on diesel fuel used in highway vehicles 26 usc  4041a 3 a tax on special fuels used in motor vehicles 26 usc  4041b and 4 a tax on manufacturing in this case a truck chassis assembled by the tribe 26 usc  4061a 4218a (E) holding contractor not responsible for use tax where tax exempt entity purchased the materials used
[EX A]:
(A)