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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: was safe to operate, afforded discretion to the FAA to “make its own findings” whether the submitted documentation satisfied that requirement. Id. Likewise, as the district court noted, 49 C.F.R. § 385.17(f) is not a “check list.” J.A. at 105. It leaves it to the FMCSA to determine whether a carrier’s submission provides evidence that corrective action has been taken, and whether the agency has the resources to reach a final decision within 45 days. Such decisions, which relate to a regulatory agency’s “implementation of a mechanism for compliance review” and necessarily require “balancing the objectives sought to be obtained against such practical considerations as staffing and funding,” constitute discretionary functions themselves. Varig Airlines, 467 U.S. at 819-20, 104 S.Ct. 2755 (<HOLDING>). Discretion thus suffuses 49 C.F.R. § 
 Holding statements: (A) recognizing a discretionary function exception to that waiver (B) holding that the faas alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spotcheck program involved calculated risks but fell squarely within the discretionary function exception (C) holding that actions against the faa for its alleged negligence in certificating aircraft for use in commercial aviation are barred by the discretionary function exception of the federal tort claims act id at 821 104 sct 2755 because the faas decisions as to the manner of enforcing regulations is plainly a discretionary activity id at 819 21 104 sct 2755 (D) holding that the faas application of a spotcheck system to a particular aircraft was a discretionary function (E) holding that the discretionary function exception may apply in the absence of a conscious decision 
[EX A]: recognizing a discretionary function exception to that waiver

[EX Q]: law did not authorize the arresting officer to require Turbyne to take a breath test when the blood test was unavailable. Gillett, 629 P.2d at 619 n. 10. Nor do our decisions in Gillett and Riley construe the statute as allowing the police to compel a different test when extraordinary circumstances prevent administration of the driver-selected test. The good cause exception we established in those cases applies to excuse the judicial sanction of dismissal of the charges when the police are prevented in circumstances beyond their control from administering the driver-selected test. As Shinaut and Dike demonstrate, when a driver selected to take the chemical test not initially selected, he or she may have voluntarily consented to the search of his or her person. Shinaut, 940 P.2d at 384 (<HOLDING>). When the controlling facts are undisputed, as 
 Holding statements: (A) holding that teachers request for four months leave was not a reasonable accommodation (B) holding that error in excluding a police officers report was harmless where the same evidence was presented by another witness (C) holding that a person must request a reasonable accommodation before he has been terminated he cannot wait until he is terminated and then months later  request reinstatement and demand a reasonable accommodation (D) holding that erroneous accommodation of a citizens request by a police officer does not warrant the sanction of excluding evidence (E) holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada
[EX A]: holding that teachers request for four months leave was not a reasonable accommodation

[EX Q]: 11 . Ultimately, Dr. Donner did not testify at trial, in light of Appellant’s decision to waive the presentation of mitigating evidence. 12 . Moreover, Appellant made it clear to counsel that his ultimate desire was to secure an outright acquittal on the theory that the victim’s death was not the result of his actions at all, but was caused by some undetermined, coincidental fatal brain abnormality. Obviously, the prospect of securing an outright acquittal was a difficult task for counsel given the facts adduced at trial. 13 . We note that Appellant does not allege counsel’s ineffectiveness for failing to previously raise the allegation of a Brady violation. Accordingly, we could dispose of this issue on the basis of waiver. See Commonwealth v. Roney, 622 Pa. 1, 79 A.3d 595, 609 (2013) (<HOLDING>). However, the Commonwealth has not argued 
 Holding statements: (A) holding that a brady violation is waived by guilty plea (B) holding claim of alleged brady violation waived on collateral appeal for failure to raise it at trial or on direct appeal (C) holding that where the fourth amendment question was raised at trial but not preserved on direct appeal in the state court the defendants failure to raise the issue on appeal in the state courts did not suffice to avoid stone (D) holding claims must be raised on direct appeal or waived (E) holding that a party may not raise a claim on appeal that was not presented to the trial court
[EX A]:
holding that a brady violation is waived by guilty plea