Sample records for distributed preemption decisions

  1. Assessing the impact of federal and state preemption in public health: a framework for decision makers.

    PubMed

    Pertschuk, Mark; Pomeranz, Jennifer L; Aoki, Julie Ralston; Larkin, Michelle A; Paloma, Marjorie

    2013-01-01

    In the United States, state and local public health policies play a fundamental role in innovation and progress. Preemption, by which Congress or the state legislatures limit the authority of lower jurisdictions, can eliminate the benefits of state and local policy initiatives. Preemption can also have a negative impact on enforcement, civic engagement, and grassroots movement building.In June 2011, the Institute of Medicine published a groundbreaking report on policy and law that considered preemption as a crosscutting issue in public health. The Institute of Medicine recommended that federal and state policy makers "should set minimum standards...allowing states and localities to further protect the health and safety of their inhabitants," and "should avoid language that hinders public health action."The Preemption Framework is a tool to support effective decision making by helping the public health field anticipate, assess, and, if necessary, counter preemptive policy proposals. We review the consequences of preemption, including its potential impact on grassroots public health movements, and propose practical questions and considerations to assist decision makers in responding to preemptive proposals.

  2. 78 FR 2111 - California State Motor Vehicle Pollution Control Standards; Notice of Decision Granting a Waiver...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-01-09

    ...The Environmental Protection Agency (EPA) is granting the California Air Resources Board's (CARB's) request for a waiver of Clean Air Act preemption to enforce its Advanced Clean Car (ACC) regulations. The ACC combines the control of smog and soot causing pollutants and greenhouse gas (GHG) emissions into a single coordinated package of requirements for passenger cars, light-duty trucks and medium-duty passenger vehicles (and limited requirements related to heavy-duty vehicles). The ACC program includes revisions to California's Low Emission Vehicle (LEV) program as well as its Zero Emission Vehicle (ZEV) program. By today's decision, EPA has also determined that CARB's amendments to the ZEV program as they affect 2017 and prior model years (MYs) are within the scope of previous waivers of preemption granted to California for its ZEV regulations. In the alternative, EPA's waiver of preemption for CARB's ACC regulations includes a waiver of preemption for CARB's ZEV amendments as they affect all MYs, including 2017 and prior MYs. In addition, EPA is including CARB's recently adopted ``deemed to comply'' rule for GHG emissions in today's waiver decision. This decision is issued under section 209(b) of the Clean Air Act (the ``Act''), as amended.

  3. Does the federal Family and Medical Leave Act of 1993 create a hole in ERISA preemption?

    PubMed

    Mueller, K A

    1996-01-01

    ERISA's board preemption provision has survived many challenges to its scope and effect. Now it may have succumbed in the face of a few statements tucked into the legislative history of the federal Family and Medical Leave Act (FMLA). Language in the legislative history presents the view that the Act was meant to overturn ERISA preemption of state family and medical leave laws. The text of the FMLA contains no corroborating language to support that view. However, at least one court found the statements in the legislative history to be persuasive and ruled that under the FMLA, ERISA does not preempt state family and medical leave laws that regulate ERISA plans. If other courts follow that decision, there will be great implications to employee benefit plan regulation and administration. This article explores the court's decision and the relationship between the FMLA and ERISA preemption.

  4. What is an employee benefit plan?: ERISA preemption of "any willing provider" laws after Pegram.

    PubMed

    Goodyear, J

    2001-06-01

    This note considers the implications of a recent Supreme Court decision, Pegram v. Herdrich, for preemption of state laws under the Employee Retirement Income Security Act (ERISA). Though Pegram dealt with a fiduciary liability question, and not preemption specifically, the Court in arriving at its decision laid out a definition of the word "loan"--a word that is used in both the fiduciary liability section of ERISA and the preemption section. The Court's definition focuses upon the relationship between the managed care organization and the employer that hires it. The definition, however, excludes from the meaning of "plan" the relationship between the managed care organization and the health care providers it hires. Thus, this Note argues that according to Pegram, state laws that regulate the relationship between managed care organizations and health care providers, such as "any willing provider" laws, should not be preempted by ERISA.

  5. Can you say `N`? NIMBY, NWPA and nuclear Preemption

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    NONE

    In Nevada v. Watkins, the Ninth Circuit Court of Appeals upheld the constitutionality of the 1987 NWPA amendments, which enabled the continued site characterization of Yucca Mountain and thwarted Nevada`s attempt to ban nuclear waste within its borders. The Watkins court ruled that Nevada`s statute, which banned nuclear waste, was preempted by NWPA. Nevada, like many states has passed laws that limit the storage, transportation or disposal of nuclear waste within its state boundaries. These statutes will meet the same fate as the one struck down in the Watkins decision - that is, until states rights in the area ofmore » nuclear energy are clarified. This note examines Watkins` application of the preemption doctrine, as well as general preemption principles, to determine what avenues may still be open to states seeking to regulate the disposal of nuclear waste. The Watkins decision neither discussed the fully authority of NWPA nor defined the extent of the federal government`s preemption of state regulation of nuclear waste disposal. However, Watkins seems to solidify the rationale of other recent court decisions holdings that Congress has occupied the nuclear-energy field. This interpretation could effectively eliminate any state regulatory power over the nuclear-energy field, including nuclear-waste disposal.« less

  6. 50 CFR 600.625 - Secretary's decision.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 50 Wildlife and Fisheries 10 2011-10-01 2011-10-01 false Secretary's decision. 600.625 Section 600... Section 306(b) § 600.625 Secretary's decision. (a) The Secretary will, on the basis of the hearing, record... for Federal preemption are determined to exist, the Secretary will notify in writing the Attorney...

  7. 50 CFR 600.625 - Secretary's decision.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 50 Wildlife and Fisheries 12 2012-10-01 2012-10-01 false Secretary's decision. 600.625 Section 600... Section 306(b) § 600.625 Secretary's decision. (a) The Secretary will, on the basis of the hearing, record... for Federal preemption are determined to exist, the Secretary will notify in writing the Attorney...

  8. 50 CFR 600.625 - Secretary's decision.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 50 Wildlife and Fisheries 8 2010-10-01 2010-10-01 false Secretary's decision. 600.625 Section 600... Section 306(b) § 600.625 Secretary's decision. (a) The Secretary will, on the basis of the hearing, record... for Federal preemption are determined to exist, the Secretary will notify in writing the Attorney...

  9. The impact of Wyeth v. Levine on FDA regulation of prescription drugs.

    PubMed

    Ausness, Richard C

    2010-01-01

    In Wyeth v. Levine, decided in March, 2009, the United States Supreme Court concluded that the plaintiff's failure to warn claim against the makers of the drug Phenergan was not impliedly preempted by the Food, Drug and Cosmetic Act. In doing so, the Court rejected the argument of the U.S. Food and Drug Administration (FDA) that tort claims of this nature stand as an obstacle to federal regulatory objectives. This Article evaluates the Court's opinion in Wyeth and examines that decision's impact on subsequent litigation in the area of prescription drug labeling. The Article first discusses the preemption doctrine and its application to state law tort claims against product manufacturers. It then reviews the history of implied preemption of tort claims against manufacturers of FDA-approved prescription drugs prior to Wyeth and then discusses the Wyeth decisions in the Vermont Supreme Court and the United States Supreme Court. Finally, the Article evaluates some of the prescription drug preemption cases that have been decided in the lower federal courts since Wyeth and suggests that these courts are now reluctant to preempt failure to warn claims unless a manufacturer affirmatively seeks permission from FDA to change a drug's labeling.

  10. Health Preemption Behind Closed Doors: Trade Agreements and Fast-Track Authority

    PubMed Central

    Crosbie, Eric; Gonzalez, Mariaelena

    2014-01-01

    Noncommunicable diseases result from consuming unhealthy products, including tobacco, which are promoted by transnational corporations. The tobacco industry uses preemption to block or reverse tobacco control policies. Preemption removes authority from jurisdictions where tobacco companies’ influence is weak and transfers it to jurisdictions where they have an advantage. International trade agreements relocate decisions about tobacco control policy to venues where there is little opportunity for public scrutiny, participation, and debate. Tobacco companies are using these agreements to preempt domestic authority over tobacco policy. Other transnational corporations that profit by promoting unhealthy foods could do the same. “Fast-track authority,” in which Congress cedes ongoing oversight authority to the President, further distances the public from the debate. With international agreements binding governments to prioritize trade over health, transparency and public oversight of the trade negotiation process is necessary to safeguard public health interests. PMID:25033124

  11. Health preemption behind closed doors: trade agreements and fast-track authority.

    PubMed

    Crosbie, Eric; Gonzalez, Mariaelena; Glantz, Stanton A

    2014-09-01

    Noncommunicable diseases result from consuming unhealthy products, including tobacco, which are promoted by transnational corporations. The tobacco industry uses preemption to block or reverse tobacco control policies. Preemption removes authority from jurisdictions where tobacco companies' influence is weak and transfers it to jurisdictions where they have an advantage. International trade agreements relocate decisions about tobacco control policy to venues where there is little opportunity for public scrutiny, participation, and debate. Tobacco companies are using these agreements to preempt domestic authority over tobacco policy. Other transnational corporations that profit by promoting unhealthy foods could do the same. "Fast-track authority," in which Congress cedes ongoing oversight authority to the President, further distances the public from the debate. With international agreements binding governments to prioritize trade over health, transparency and public oversight of the trade negotiation process is necessary to safeguard public health interests.

  12. California motor vehicle pollution control: emission control system warranty regulations waiver of federal preemption

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Not Available

    1979-10-23

    The U.S. Environmental Protection Agency has decided that the California Air Resources Board's (CARB) regulations on emission control system warranties for motor vehicles and engines sold in the state fall within the scope of previous waivers of federal preemption under the Clean Air Act; that they are neither standards nor enforcement procedures; and that they need not receive a separate waiver of federal preemption for their enforcement. Adopted on 12/14/78, the CARB regulations apply to all California certified 1973 and subsequent model year motorcycles, light-, medium-, and heavy-duty motor vehicles and engines. The decision, which followed a 5/17/79 public hearingmore » in San Francisco, Calif., will affect not only California motor vehicle manufacturers and industries but also those outside the state which sell the subject vehicles in California, thus, making it one of nationwide scope and effect.« less

  13. Surprise and Preemption in Soviet Nuclear Strategy

    DTIC Science & Technology

    1983-04-01

    PROGRAM ELEMFNT, PROJECT, TASK AREA ft WORK UNIT NUMBERS NWC Strategic Studies Project 12. REPORT DATE April, 1983 13. NUMBER OF PAGES 66...015 THE NATIONAL WAR COIXKCIE NATIONAL DEFENSE UNIVERSITY STRATEGIC STUDY SURPRISE AND PREEMPTION IN SOVIET NUCLEAR STRATEGY by Dr. Glenn E...TC TAB D Distribution/ Availability Codes {Avail and/or Dist Special B ,& it illL NATIONAL WAR COLLEGD STRATEGIC STUDIES REPORT ABSTRACT

  14. Guide to preemption of state-law claims against Class III PMA medical devices.

    PubMed

    Whitney, Daniel W

    2010-01-01

    There is a perception that the express preemption holding of the Supreme Court in Riegel v. Medtronic, 552 U.S. 312(2008), immunizes medical device manufacturers from common law personal injury actions involving Class III devices that received FDA clearance under a premarket approval application (PMA). In the aftermath of Riegel, many lawsuits involving Class III PMA devices have been dismissed by district courts applying the new heightened pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). Other lawsuits involving Class III PMA devices premised on fraud-on-FDA have been dismissed based on the implied preemption holding of the Supreme Court in Buckman v. Plaintiffs' Legal Comm., 531 U.S. 341 (2001). When these decisions are carefully analyzed together with Medtronic, Inc. v. Lohr, 518 U.S. 470 (1996), which found no preemption regarding a Class III device receiving FDA clearance through the 510(k) mechanism, it is apparent that the preemption defense does not apply universally to Class III PMA devices. The overall methodology for framing a non-preempted claim is to first identify conduct which violated the PMA or other specific requirements related to safety or efficacy. If such conduct can also be stated in terms of a breach of a parallel common law duty (e.g, failure to warn under strict liability or negligence, manufacturing defect or breach of warranty), then it would appear the claim is not preempted. Alternatively, regardless of a specific violation, common law remedies are not preempted by general CGMP requirements.

  15. Executive Summary: EPA's Waiver Decision on California's Greenhouse Gas Emission Standards for New Motor Vehicles

    EPA Pesticide Factsheets

    This letter from EPA Administrator Stephen Johnson to Governor Schwarzenegger denies California's request for a waiver of Federal preemption for motor vehicle greenhouse gas emission standards submitted by the California Air Resources Board (CARB).

  16. State regulation of nuclear power and national energy policy

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Moeller, J.W.

    1992-12-31

    In April 1983 and January 1984, the United States Supreme Court rendered two decisions that redefined the metes and bounds of federal preemption of commercial nuclear power plant regulation. In Pacific Gas & Electric Co. v. State Energy Resources Conservation and Development Commission (PG&E), the court decided that the Atomic Energy Act of 1954, as amended (the Act), did not preempt a California state law that established a moratorium on commercial nuclear power plant construction. In Silkwood v. Kerr-McGee Corporation, the Court also decided that the Act did not preempt a claim for damages under state tort law for radiologicalmore » injuries suffered in a nuclear fuel facility regulated by the United States Nuclear Regulatory Commission (NRC). The two decisions redefined the extent of federal preemption, under the Act and other federal law, of nuclear plant regulation as well as the extend of state regulation of nuclear plants. In the eight years since PG&E and Silkwood, numerous other developments have eroded further the breadth of federal preemption of commercial nuclear power plant regulation. This Article explores the developments, since PG&E and Silkwood, that have expanded further the scope of state and local regulation of commercial nuclear power plants. Specifically, the Article first identifies the extent of state and local participation in nuclear power regulation provided by the Act and other federal loan relevant to commercial nuclear power. Second, it discusses in detail the PG&E and Silkwood decisions. The Article also considers the impact of seven specific developments on the legislative implementation of a national energy policy that contemplates a role for nuclear power.« less

  17. 7 CFR 1717.307 - Distribution members' rates.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717.307 Distribution... affairs of the power supply borrower and over the rates of its distribution members: Provided, however, that the state regulatory authority shall treat any RUS approved rate for the power supply borrower as...

  18. 7 CFR 1717.307 - Distribution members' rates.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717.307 Distribution... affairs of the power supply borrower and over the rates of its distribution members: Provided, however, that the state regulatory authority shall treat any RUS approved rate for the power supply borrower as...

  19. 49 CFR 234.261 - Highway traffic signal pre-emption.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 4 2013-10-01 2013-10-01 false Highway traffic signal pre-emption. 234.261..., AND EMERGENCY NOTIFICATION SYSTEMS Maintenance, Inspection, and Testing Inspections and Tests § 234.261 Highway traffic signal pre-emption. Highway traffic signal pre-emption interconnections, for which...

  20. 49 CFR 234.261 - Highway traffic signal pre-emption.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 49 Transportation 4 2014-10-01 2014-10-01 false Highway traffic signal pre-emption. 234.261..., AND EMERGENCY NOTIFICATION SYSTEMS Maintenance, Inspection, and Testing Inspections and Tests § 234.261 Highway traffic signal pre-emption. Highway traffic signal pre-emption interconnections, for which...

  1. 49 CFR 234.261 - Highway traffic signal pre-emption.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 4 2012-10-01 2012-10-01 false Highway traffic signal pre-emption. 234.261..., AND EMERGENCY NOTIFICATION SYSTEMS Maintenance, Inspection, and Testing Inspections and Tests § 234.261 Highway traffic signal pre-emption. Highway traffic signal pre-emption interconnections, for which...

  2. 49 CFR 234.261 - Highway traffic signal pre-emption.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Maintenance, Inspection, and Testing Inspections and Tests § 234.261 Highway traffic signal pre-emption. Highway traffic signal pre-emption interconnections, for which a railroad has maintenance responsibility... 49 Transportation 4 2010-10-01 2010-10-01 false Highway traffic signal pre-emption. 234.261...

  3. 49 CFR 234.261 - Highway traffic signal pre-emption.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... Maintenance, Inspection, and Testing Inspections and Tests § 234.261 Highway traffic signal pre-emption. Highway traffic signal pre-emption interconnections, for which a railroad has maintenance responsibility... 49 Transportation 4 2011-10-01 2011-10-01 false Highway traffic signal pre-emption. 234.261...

  4. 47 CFR 1.1206 - Permit-but-disclose proceedings.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... preemption of state or local regulatory authority and petitions for relief under 47 U.S.C. 332(c)(7)(B)(v... 47 Telecommunication 1 2010-10-01 2010-10-01 false Permit-but-disclose proceedings. 1.1206 Section... presentations to Commission decision-making personnel are disclosed pursuant to paragraph (b) of this section...

  5. 24 CFR 965.101 - Preemption of State prevailing wage requirements.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 4 2010-04-01 2010-04-01 false Preemption of State prevailing wage... URBAN DEVELOPMENT PHA-OWNED OR LEASED PROJECTS-GENERAL PROVISIONS Preemption of State Prevailing Wage Requirements § 965.101 Preemption of State prevailing wage requirements. (a) A prevailing wage rate including...

  6. 42 CFR 422.402 - Federal preemption of State law.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 3 2012-10-01 2012-10-01 false Federal preemption of State law. 422.402 Section... State Law and Preemption by Federal Law § 422.402 Federal preemption of State law. The standards established under this part supersede any State law or regulation (other than State licensing laws or State...

  7. 21 CFR 100.1 - Petitions requesting exemption from preemption for State or local requirements.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... anticipated effect of the State and Federal requirements on the sale and price of the food product in... consumers. To the extent possible, the petition should include information showing that it is practical and... (iii) Provide a tentative response indicating why the agency has been unable to reach a decision on the...

  8. Development of Predictive Models of Injury for the Lower Extremity, Lumbar, and Thoracic Spine after Discharge from Physical Rehabilitation

    DTIC Science & Technology

    2015-10-01

    prevention titled “Prediction, Prevention, and Preemption: Screening for sports and training injuries. What are the possibilities?” The talk was...the resources and training. The decision was made after MAJ Rhon’s PCS to BAMC, and because the site PI at Madigan there had some pregnancy

  9. Cellular-based preemption system

    NASA Technical Reports Server (NTRS)

    Bachelder, Aaron D. (Inventor)

    2011-01-01

    A cellular-based preemption system that uses existing cellular infrastructure to transmit preemption related data to allow safe passage of emergency vehicles through one or more intersections. A cellular unit in an emergency vehicle is used to generate position reports that are transmitted to the one or more intersections during an emergency response. Based on this position data, the one or more intersections calculate an estimated time of arrival (ETA) of the emergency vehicle, and transmit preemption commands to traffic signals at the intersections based on the calculated ETA. Additional techniques may be used for refining the position reports, ETA calculations, and the like. Such techniques include, without limitation, statistical preemption, map-matching, dead-reckoning, augmented navigation, and/or preemption optimization techniques, all of which are described in further detail in the above-referenced patent applications.

  10. Optimum bus headway for preemption : a simulation approach

    DOT National Transportation Integrated Search

    1997-01-01

    Preemption techniques are designed to provide preferential treatment for buses at signalized intersections. A preemption strategy, if properly designed, can provide continuous green phases for buses at successive intersections, thereby reducing trave...

  11. 49 CFR 397.209 - Preemption processing.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Transportation Other Regulations Relating to Transportation (Continued) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.209 Preemption processing. (a) The...

  12. 49 CFR 397.211 - Preemption determination.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Transportation Other Regulations Relating to Transportation (Continued) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.211 Preemption determination. (a) Upon...

  13. Idea Project Final Report, Distributed Input/ Output Subsystem For Traffic Signal Control

    DOT National Transportation Integrated Search

    1995-07-01

    IN AN EFFORT TO ADD MORE AND MORE FEATURES (PREEMPTION, MALFUNCTION MANAGEMENT, WEATHER MONITORING, AND DYNAMIC LANE ASSIGNMENT, AMONG OTHERS) TO TRAFFIC SIGNAL SYSTEMS, THE TRAFFIC SIGNAL CABINET HAS BECOME VERY : COMPLICATED (FIGURE 1). FURTHERMORE...

  14. 49 CFR 397.207 - Preemption notice.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Transportation Other Regulations Relating to Transportation (Continued) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.207 Preemption notice. (a) If the applicant...

  15. 49 CFR 397.205 - Preemption application.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Transportation Other Regulations Relating to Transportation (Continued) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.205 Preemption application. (a) Any person...

  16. 49 CFR 397.213 - Waiver of preemption application.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.213 Waiver of... preemption determination must: (1) Be submitted to the Administrator, Federal Motor Carrier Safety...

  17. The application of traffic signal preemption systems for controlling bus headways

    DOT National Transportation Integrated Search

    1978-04-01

    This report investigates the application of selective traffic signal preemption : for controlling the headways of local service buses (buses with average time : headways of less than 10 minutes), The preemption is selective in that it is granted : to...

  18. 47 CFR 10.510 - Call preemption prohibition.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 47 Telecommunication 1 2010-10-01 2010-10-01 false Call preemption prohibition. 10.510 Section 10.510 Telecommunication FEDERAL COMMUNICATIONS COMMISSION GENERAL COMMERCIAL MOBILE ALERT SYSTEM Equipment Requirements § 10.510 Call preemption prohibition. Devices marketed for public use under part 10...

  19. 76 FR 61565 - Preemption Review

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-10-05

    .... FDA-2011-N-0527] Preemption Review AGENCY: Food and Drug Administration, HHS. ACTION: Notification of preemption review. SUMMARY: The Food and Drug Administration (FDA) is announcing that it has determined, after conducting a review of its existing regulations issued within the past 10 years that contain...

  20. 45 CFR 148.210 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... DEPARTMENT OF HEALTH AND HUMAN SERVICES REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.210 Preemption. (a) Scope. (1) This... to regulate health insurance issuers in the individual market. This section makes clear that States...

  1. 45 CFR 148.210 - Preemption.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... Department of Health and Human Services REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.210 Preemption. (a) Scope. (1) This... to regulate health insurance issuers in the individual market. This section makes clear that States...

  2. 45 CFR 148.210 - Preemption.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... DEPARTMENT OF HEALTH AND HUMAN SERVICES REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.210 Preemption. (a) Scope. (1) This... to regulate health insurance issuers in the individual market. This section makes clear that States...

  3. 45 CFR 148.210 - Preemption.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... DEPARTMENT OF HEALTH AND HUMAN SERVICES REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.210 Preemption. (a) Scope. (1) This... to regulate health insurance issuers in the individual market. This section makes clear that States...

  4. 45 CFR 148.210 - Preemption.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... DEPARTMENT OF HEALTH AND HUMAN SERVICES REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.210 Preemption. (a) Scope. (1) This... to regulate health insurance issuers in the individual market. This section makes clear that States...

  5. 16 CFR 306.4 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Preemption. 306.4 Section 306.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING General § 306.4 Preemption. The Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C...

  6. 16 CFR 306.4 - Preemption.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 16 Commercial Practices 1 2011-01-01 2011-01-01 false Preemption. 306.4 Section 306.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING General § 306.4 Preemption. The Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C...

  7. 16 CFR 306.4 - Preemption.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 16 Commercial Practices 1 2014-01-01 2014-01-01 false Preemption. 306.4 Section 306.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING General § 306.4 Preemption. The Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C...

  8. 16 CFR 306.4 - Preemption.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 16 Commercial Practices 1 2012-01-01 2012-01-01 false Preemption. 306.4 Section 306.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING General § 306.4 Preemption. The Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C...

  9. 16 CFR 306.4 - Preemption.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 16 Commercial Practices 1 2013-01-01 2013-01-01 false Preemption. 306.4 Section 306.4 Commercial Practices FEDERAL TRADE COMMISSION REGULATIONS UNDER SPECIFIC ACTS OF CONGRESS AUTOMOTIVE FUEL RATINGS, CERTIFICATION AND POSTING General § 306.4 Preemption. The Petroleum Marketing Practices Act (“PMPA”), 15 U.S.C...

  10. 28 CFR 28.27 - Non-preemption of other requirements.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Non-preemption of other requirements. 28.27 Section 28.27 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION SYSTEM Preservation of Biological Evidence § 28.27 Non-preemption of other requirements. Section 3600A's requirement to...

  11. 28 CFR 28.27 - Non-preemption of other requirements.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 28 Judicial Administration 1 2011-07-01 2011-07-01 false Non-preemption of other requirements. 28.27 Section 28.27 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION SYSTEM Preservation of Biological Evidence § 28.27 Non-preemption of other requirements. Section 3600A's requirement to...

  12. 28 CFR 28.27 - Non-preemption of other requirements.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 28 Judicial Administration 1 2014-07-01 2014-07-01 false Non-preemption of other requirements. 28.27 Section 28.27 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION SYSTEM Preservation of Biological Evidence § 28.27 Non-preemption of other requirements. Section 3600A's requirement to...

  13. 28 CFR 28.27 - Non-preemption of other requirements.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 28 Judicial Administration 1 2012-07-01 2012-07-01 false Non-preemption of other requirements. 28.27 Section 28.27 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION SYSTEM Preservation of Biological Evidence § 28.27 Non-preemption of other requirements. Section 3600A's requirement to...

  14. 28 CFR 28.27 - Non-preemption of other requirements.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 28 Judicial Administration 1 2013-07-01 2013-07-01 false Non-preemption of other requirements. 28.27 Section 28.27 Judicial Administration DEPARTMENT OF JUSTICE DNA IDENTIFICATION SYSTEM Preservation of Biological Evidence § 28.27 Non-preemption of other requirements. Section 3600A's requirement to...

  15. 15 CFR 1150.5 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Preemption. 1150.5 Section 1150.5 Commerce and Foreign Trade Regulations Relating to Commerce and Foreign Trade (Continued) TECHNOLOGY ADMINISTRATION, DEPARTMENT OF COMMERCE MARKING OF TOY, LOOK-ALIKE AND IMITATION FIREARMS § 1150.5 Preemption. In...

  16. 16 CFR 311.3 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Preemption. 311.3 Section 311.3 Commercial... STANDARDS FOR RECYCLED OIL § 311.3 Preemption. No law, regulation, or order of any State or political subdivision thereof may apply, or remain applicable, to any container of recycled oil, if such law, regulation...

  17. 49 CFR 397.69 - Highway routing designations; preemption.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 49 Transportation 5 2012-10-01 2012-10-01 false Highway routing designations; preemption. 397.69... § 397.69 Highway routing designations; preemption. (a) Any State or Indian tribe that establishes or modifies a highway routing designation over which NRHM may or may not be transported on or after November...

  18. 49 CFR 397.69 - Highway routing designations; preemption.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 49 Transportation 5 2011-10-01 2011-10-01 false Highway routing designations; preemption. 397.69... § 397.69 Highway routing designations; preemption. (a) Any State or Indian tribe that establishes or modifies a highway routing designation over which NRHM may or may not be transported on or after November...

  19. 49 CFR 397.69 - Highway routing designations; preemption.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 49 Transportation 5 2013-10-01 2013-10-01 false Highway routing designations; preemption. 397.69... § 397.69 Highway routing designations; preemption. (a) Any State or Indian tribe that establishes or modifies a highway routing designation over which NRHM may or may not be transported on or after November...

  20. 49 CFR 397.69 - Highway routing designations; preemption.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 49 Transportation 5 2014-10-01 2014-10-01 false Highway routing designations; preemption. 397.69... § 397.69 Highway routing designations; preemption. (a) Any State or Indian tribe that establishes or modifies a highway routing designation over which NRHM may or may not be transported on or after November...

  1. 6 CFR 27.405 - Review and preemption of State laws and regulations.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 6 Domestic Security 1 2013-01-01 2013-01-01 false Review and preemption of State laws and regulations. 27.405 Section 27.405 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY CHEMICAL FACILITY ANTI-TERRORISM STANDARDS Other § 27.405 Review and preemption of State laws and...

  2. 6 CFR 27.405 - Review and preemption of State laws and regulations.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 6 Domestic Security 1 2012-01-01 2012-01-01 false Review and preemption of State laws and regulations. 27.405 Section 27.405 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY CHEMICAL FACILITY ANTI-TERRORISM STANDARDS Other § 27.405 Review and preemption of State laws and...

  3. 6 CFR 27.405 - Review and preemption of State laws and regulations.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 6 Domestic Security 1 2011-01-01 2011-01-01 false Review and preemption of State laws and regulations. 27.405 Section 27.405 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY CHEMICAL FACILITY ANTI-TERRORISM STANDARDS Other § 27.405 Review and preemption of State laws and...

  4. 6 CFR 27.405 - Review and preemption of State laws and regulations.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 6 Domestic Security 1 2014-01-01 2014-01-01 false Review and preemption of State laws and regulations. 27.405 Section 27.405 Domestic Security DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY CHEMICAL FACILITY ANTI-TERRORISM STANDARDS Other § 27.405 Review and preemption of State laws and...

  5. 6 CFR 27.405 - Review and preemption of State laws and regulations.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 6 Domestic Security 1 2010-01-01 2010-01-01 false Review and preemption of State laws and... CHEMICAL FACILITY ANTI-TERRORISM STANDARDS Other § 27.405 Review and preemption of State laws and...) Review and opinion—(1) Review. The Department may review State laws, administrative actions, or opinions...

  6. 31 CFR 212.9 - Preemption of State law.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 31 Money and Finance:Treasury 2 2011-07-01 2011-07-01 false Preemption of State law. 212.9 Section... PAYMENTS § 212.9 Preemption of State law. (a) Inconsistent law preempted. Any State or local government law... inconsistency. A State law or regulation is inconsistent with this part if it requires a financial institution...

  7. 31 CFR 212.9 - Preemption of State law.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 31 Money and Finance:Treasury 2 2012-07-01 2012-07-01 false Preemption of State law. 212.9 Section 212.9 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE... PAYMENTS § 212.9 Preemption of State law. (a) Inconsistent law preempted. Any State or local government law...

  8. 47 CFR 25.104 - Preemption of local zoning of earth stations.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 47 Telecommunication 2 2013-10-01 2013-10-01 false Preemption of local zoning of earth stations... SERVICES SATELLITE COMMUNICATIONS General § 25.104 Preemption of local zoning of earth stations. (a) Any... reception by satellite earth station antennas, or imposes more than minimal costs on users of such antennas...

  9. 47 CFR 25.104 - Preemption of local zoning of earth stations.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 47 Telecommunication 2 2014-10-01 2014-10-01 false Preemption of local zoning of earth stations... SERVICES SATELLITE COMMUNICATIONS General § 25.104 Preemption of local zoning of earth stations. (a) Any... reception by satellite earth station antennas, or imposes more than minimal costs on users of such antennas...

  10. 47 CFR 25.104 - Preemption of local zoning of earth stations.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 47 Telecommunication 2 2010-10-01 2010-10-01 false Preemption of local zoning of earth stations... SERVICES SATELLITE COMMUNICATIONS General § 25.104 Preemption of local zoning of earth stations. (a) Any... reception by satellite earth station antennas, or imposes more than minimal costs on users of such antennas...

  11. 47 CFR 25.104 - Preemption of local zoning of earth stations.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 47 Telecommunication 2 2011-10-01 2011-10-01 false Preemption of local zoning of earth stations... SERVICES SATELLITE COMMUNICATIONS General § 25.104 Preemption of local zoning of earth stations. (a) Any... reception by satellite earth station antennas, or imposes more than minimal costs on users of such antennas...

  12. 47 CFR 25.104 - Preemption of local zoning of earth stations.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 47 Telecommunication 2 2012-10-01 2012-10-01 false Preemption of local zoning of earth stations... SERVICES SATELLITE COMMUNICATIONS General § 25.104 Preemption of local zoning of earth stations. (a) Any... reception by satellite earth station antennas, or imposes more than minimal costs on users of such antennas...

  13. 7 CFR 400.710 - Preemption and premium taxation.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 7 Agriculture 6 2010-01-01 2010-01-01 false Preemption and premium taxation. 400.710 Section 400... of Policies and Rates of Premium § 400.710 Preemption and premium taxation. A policy or plan of insurance that is approved by the Board for FCIC reinsurance is preempted from state and local taxation. ...

  14. 7 CFR 400.710 - Preemption and premium taxation.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 6 2011-01-01 2011-01-01 false Preemption and premium taxation. 400.710 Section 400... of Policies and Rates of Premium § 400.710 Preemption and premium taxation. A policy or plan of insurance that is approved by the Board for FCIC reinsurance is preempted from state and local taxation. ...

  15. California State Motor Vehicle Pollution Control Standards; waiver of federal preemption

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Not Available

    1980-11-24

    The U.S. Environmental Protection Agency has granted California a waiver of federal preemption to enforce amendments to its exhaust emission standards and test procedures for new motor vehicles. The California amendments would require qualified small-volume vendor-dependent manufacturers to meet a nitrogen oxides (NO/sub x/) standard of 1.5 gpm for the 1980 and 1981 model years with both certification test vehicles and individual passenger car engine families and subgroups during production, and a NO/sub x/ standard of 1.0 gpm for the average of their entire combined passenger car production for a full calendar year for both model years. These requirements wouldmore » also apply to 1980 and 1981 model year light-duty trucks and medium-duty vehicles with equivalent inertia weight of 13; 4,000 lb. This EPA decision will also affect manufacturers outside California which must comply with that state's standards to be able to sell vehicles there.« less

  16. 30 CFR 931.13 - Preemption of New Mexico laws and regulations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Preemption of New Mexico laws and regulations..., DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NEW MEXICO § 931.13 Preemption of New Mexico laws and regulations. Under the authority of sections 505(b) of SMCRA...

  17. 30 CFR 931.13 - Preemption of New Mexico laws and regulations.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 30 Mineral Resources 3 2011-07-01 2011-07-01 false Preemption of New Mexico laws and regulations..., DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NEW MEXICO § 931.13 Preemption of New Mexico laws and regulations. Under the authority of sections 505(b) of SMCRA...

  18. 30 CFR 931.13 - Preemption of New Mexico laws and regulations.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 30 Mineral Resources 3 2013-07-01 2013-07-01 false Preemption of New Mexico laws and regulations..., DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NEW MEXICO § 931.13 Preemption of New Mexico laws and regulations. Under the authority of sections 505(b) of SMCRA...

  19. 30 CFR 931.13 - Preemption of New Mexico laws and regulations.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 30 Mineral Resources 3 2012-07-01 2012-07-01 false Preemption of New Mexico laws and regulations..., DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NEW MEXICO § 931.13 Preemption of New Mexico laws and regulations. Under the authority of sections 505(b) of SMCRA...

  20. 30 CFR 931.13 - Preemption of New Mexico laws and regulations.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 30 Mineral Resources 3 2014-07-01 2014-07-01 false Preemption of New Mexico laws and regulations..., DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NEW MEXICO § 931.13 Preemption of New Mexico laws and regulations. Under the authority of sections 505(b) of SMCRA...

  1. Long-Range Emergency Preemption of Traffic Lights

    NASA Technical Reports Server (NTRS)

    Bachelder, Aaron

    2005-01-01

    A forwarding system could prove beneficial as an addition to an electronic communication-and-control system that automatically modifies the switching of traffic lights to give priority to emergency vehicles. A system to which the forwarding system could be added could be any of a variety of emergency traffic-signal-preemption systems: these include systems now used in some municipalities as well as advanced developmental systems described in several NASA Tech Briefs articles in recent years. Because of a variety of physical and design limitations, emergency traffic-signal- preemption systems now in use are often limited in range to only one intersection at a time: in a typical system, only the next, closest intersection is preempted for an emergency vehicle. Simulations of gridlock have shown that such systems offer minimal advantages and can even cause additional delays. In analogy to what happens in fluid dynamics, the forwarding system insures that flow at a given location is sustained by guaranteeing downstream flow along the predicted route (typically a main artery) and intersecting routes (typically, side streets). In simplest terms, the forwarding system starts by taking note of any preemption issued by the preemption system to which it has been added. The forwarding system predicts which other intersections could be encountered by the emergency vehicle downstream of the newly preempted intersection. The system then forwards preemption triggers to those intersections. Beyond affording a right of way for the emergency vehicle at every intersection that lies ahead along any likely route from the current position of the vehicle, the forwarding system also affords the benefit of clearing congested roads far ahead of the vehicle. In a metropolitan environment with heavy road traffic, forwarding of preemption triggers could greatly enhance the performance of a pre-existing preemption system.

  2. 78 FR 79241 - Assessment Framework and Organizational Restatement Regarding Preemption for Certain Regulations...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-12-27

    ... Under the Authority of 46 U.S.C. Chapter 32 G. Regulations Issued Pursuant to 46 U.S.C. Chapter 32 H. Preemption Restatement and Assessment Framework for Regulations Issued Under the Authority of 46 U.S.C. Chapter 33 I. Regulations Issued Pursuant to 46 U.S.C. Chapter 33 J. Preemption Restatement and Assessment...

  3. Legal Preemption and the Prevention of Chronic Conditions

    PubMed Central

    Corbett, Alicia

    2016-01-01

    State and local legal innovations to address chronic conditions are an ongoing source of public health improvements. For decades, some of the most ingenious law and policy ideas to address the underlying causes of chronic conditions and their contributing factors have emerged from state or local public sector grassroots initiatives in diverse areas, including tobacco use, safe housing and transportation, and environmental hazards. These reforms, however, are susceptible to invalidation through the legal doctrine of preemption. Embedded throughout our constitutional system, preemption refers to how state or local laws may be averted, displaced, or negated by conflicting laws at a higher level of government. Preemption can be complex in concept and application, leading to considerable confusion among public health leaders seeking to generate meaningful policy proposals. The objective of this article is to unravel the legal concept of preemption, explain its use as a tool to both thwart or further public health interventions, and offer practical guidance for how to legally navigate around it to address factors underlying chronic conditions. PMID:27362933

  4. Learning What "Not" to Say: The Role of Statistical Preemption and Categorization in "A"-Adjective Production

    ERIC Educational Resources Information Center

    Boyd, Jeremy K.; Goldberg, Adele E.

    2011-01-01

    A persistent mystery in language acquisition is how speakers are able to learn seemingly arbitrary distributional restrictions. This article investigates one such case: the fact that speakers resist using certain adjectives prenominally (e.g. ??"the asleep man"). Experiment 1 indicates that speakers tentatively generalize or "categorize" the…

  5. Chinese Attitudes on Preventive War and the Preemption Doctrine

    DTIC Science & Technology

    2009-07-01

    policy, ―strategic culture‖ is an active area of research on the role of ideas and domestic identity in decision making.39 Thomas Berger argues that...resort to war was typically treated as the inherent sovereign right of any state. While Saint Thomas Aquinas had defined conditions for ―just‖ and...September 2002), 15. 8 Thomas U. Berger, ―Norms, Identity, and National Security in Germany and Japan,‖ in The Culture of National Security, 326. 9

  6. Fighting in the Gray Zone: A Strategy to Close the Preemption Gap

    DTIC Science & Technology

    2004-06-12

    FIGHTING IN THE GRAY ZONE: A STRATEGY TO CLOSE THE PREEMPTION GAP Joanne M. Fish, Commander, USN Samuel J. McCraw, Lieutenant Colonel...SUBTITLE FIGHTING IN THE GRAY ZONE: A STRATEGY TO CLOSE THE PREEMPTION GAP 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 6...Classical) Forcible Counterproliferation Figure 10: WMD Acquisition in the Gray Zone FORCIBLE COUNTERPROLIFERATION: CLOSING THE STRATEGY GAP The

  7. 49 CFR 397.203 - Standards for determining preemption.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.203 Standards for...

  8. Tobacco industry litigation to deter local public health ordinances: the industry usually loses in court

    PubMed Central

    Nixon, M; Mahmoud, L; Glantz, S

    2004-01-01

    Background: The tobacco industry uses claims of state preemption or violations of the US Constitution in litigation to overturn local tobacco control ordinances. Methods: Collection of lawsuits filed or threatened against local governments in the USA; review of previously secret tobacco industry documents; interviews with key informants. Results: The industry is most likely to prevail when a court holds that there is explicit preemption language by the state legislature to exclusively regulate tobacco. The industry has a much weaker record on claims of implied preemption and has lost all challenges brought under equal protection claims in the cases we located. Although the tobacco industry is willing to spend substantial amounts of money on these lawsuits, it never won on constitutional equal protection grounds and lost or dropped 60% (16/27) of the cases it brought claiming implied state preemption. Conclusions: Municipalities should continue to pass ordinances and be prepared to defend them against claims of implied preemption or on constitutional grounds. If the ordinance is properly prepared they will likely prevail. Health advocates should be prepared to assist in this process. PMID:14985600

  9. Priority in Process Algebras

    NASA Technical Reports Server (NTRS)

    Cleaveland, Rance; Luettgen, Gerald; Natarajan, V.

    1999-01-01

    This paper surveys the semantic ramifications of extending traditional process algebras with notions of priority that allow for some transitions to be given precedence over others. These enriched formalisms allow one to model system features such as interrupts, prioritized choice, or real-time behavior. Approaches to priority in process algebras can be classified according to whether the induced notion of preemption on transitions is global or local and whether priorities are static or dynamic. Early work in the area concentrated on global pre-emption and static priorities and led to formalisms for modeling interrupts and aspects of real-time, such as maximal progress, in centralized computing environments. More recent research has investigated localized notions of pre-emption in which the distribution of systems is taken into account, as well as dynamic priority approaches, i.e., those where priority values may change as systems evolve. The latter allows one to model behavioral phenomena such as scheduling algorithms and also enables the efficient encoding of real-time semantics. Technically, this paper studies the different models of priorities by presenting extensions of Milner's Calculus of Communicating Systems (CCS) with static and dynamic priority as well as with notions of global and local pre- emption. In each case the operational semantics of CCS is modified appropriately, behavioral theories based on strong and weak bisimulation are given, and related approaches for different process-algebraic settings are discussed.

  10. 7 CFR 1717.305 - Pre-emption.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... in Rate Making in Connection With Power Supply Borrowers § 1717.305 Pre-emption. (a) Inadequate rates. State regulatory authority jurisdiction over a power supply borrower's rates shall be pre-empted by the...

  11. 7 CFR 1717.305 - Pre-emption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... in Rate Making in Connection With Power Supply Borrowers § 1717.305 Pre-emption. (a) Inadequate rates. State regulatory authority jurisdiction over a power supply borrower's rates shall be pre-empted by the...

  12. 42 CFR 403.914 - Preemption of State laws.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... Investment Interests § 403.914 Preemption of State laws. (a) General rule. In the case of a payment or other... controlling disease, injury, disability. (ii) Agencies that conduct oversight activities authorized by law...

  13. 42 CFR 403.914 - Preemption of State laws.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... Investment Interests § 403.914 Preemption of State laws. (a) General rule. In the case of a payment or other... controlling disease, injury, disability. (ii) Agencies that conduct oversight activities authorized by law...

  14. 21 CFR 808.82 - New York.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... them from preemption under section 521(b) of the act: (1) General Business Law, Article 37, sections... exemptions from preemption under section 521(b) of the act: (1) General Business Law, Article 37, section 784...

  15. Congestion-based emergency vehicle preemption.

    DOT National Transportation Integrated Search

    2010-08-01

    This research analyzed and evaluated a new strategy for preemption of emergency vehicles along a corridor, which is : route-based and adaptive to real-time traffic conditions. The method uses dynamic offsets which are adjusted using : congestion-leve...

  16. Political realities of statewide smoking legislation: the passage of California's Assembly Bill 13.

    PubMed

    Macdonald, H R; Glantz, S A

    1997-01-01

    To prepare a history of the enactment of California Assembly Bill 13 (AB 13), a state law prohibiting smoking in most workplaces passed in 1994, and to discuss its initial impacts. Data were gathered from open ended interviews with representatives of voluntary health organisations, local government organisations, and principal legislators involved in the process, as well as observers around the state who could provide insight into the legislative process. Information was also obtained from legislative hearings and debates, public documents, letters and personal communications, internal memoranda, and news reports. The success of local tobacco control legislation in California led to a situation in which some health groups were willing to accept state preemption in order to attract the support of the state restaurant association for a bill. The decision to accept this preemption compromise was made by the state level offices of the voluntary health agencies without consulting the broader tobacco control community within California. In contrast, local tobacco control advocates did not accept this compromise, in part because of their belief that local legislation was a better device to educate the public, generate media coverage, and build community support for enforcement and implementation of clean indoor air and other tobacco control laws. Enactment of AB 13 was associated with a slowing of all local tobacco control legislation, including youth oriented laws. Because its supporters initially doubted that AB 13 would pass, there was never an effort to reconcile the policy differences between state oriented and locally oriented tobacco control policies. This lack of consensus, combined with the political realities inherent in passing any state legislation, led to a bill with ambiguous preemption language which replaced the "patchwork of local laws" with a "patchwork of local enforcement."

  17. Evaluation of Emergency Vehicle Signal Preemption on the Route 7 Virginia Corridor

    DOT National Transportation Integrated Search

    1999-07-01

    This study analyzed the impact of emergency vehicle traffic signal preemption across three coordinated intersections on Route 7 (Leesburg Pike near Landsdowne) in Virginia. FHWA's Traffic Software Integrated System (TSIS) package, which includes the ...

  18. Evaluation of pre-emption and transition strategies for Northern Virginia Smart Traffic Signal Systems (NVSTSS).

    DOT National Transportation Integrated Search

    2008-01-01

    Modern traffic signal control systems provide emergency vehicle preemption (EVP) capabilities by utilizing advanced sensors and communication technologies. EVP strategies are widely implemented by urban transportation management agencies. One of the ...

  19. Traffic signal preemption for emergency vehicles : a cross-cutting study : putting the "first" in "first response"

    DOT National Transportation Integrated Search

    2006-01-01

    This cross-cutting study identifies issues associated with emergency vehicle operations and emergency vehicle preemption. This study reports information gathered during a review of publications and site visits to three jurisdictions operating emergen...

  20. 21 CFR 808.1 - Scope.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ...(a) does not preempt State or local provisions respecting delegations of authority and related... FROM FEDERAL PREEMPTION OF STATE AND LOCAL MEDICAL DEVICE REQUIREMENTS General Provisions § 808.1 Scope... exemption from Federal preemption of State and local requirements applicable to medical devices under...

  1. The Impact of State Preemption of Local Smoking Restrictions on Public Health Protections and Changes in Social Norms

    PubMed Central

    Mowery, Paul D.; Babb, Steve; Hobart, Robin; Tworek, Cindy; MacNeil, Allison

    2012-01-01

    Introduction. Preemption is a legislative or judicial arrangement in which a higher level of government precludes lower levels of government from exercising authority over a topic. In the area of smoke-free policy, preemption typically takes the form of a state law that prevents communities from adopting local smoking restrictions. Background. A broad consensus exists among tobacco control practitioners that preemption adversely impacts tobacco control efforts. This paper examines the effect of state provisions preempting local smoking restrictions in enclosed public places and workplaces. Methods. Multiple data sources were used to assess the impact of state preemptive laws on the proportion of indoor workers covered by smoke-free workplace policies and public support for smoke-free policies. We controlled for potential confounding variables. Results. State preemptive laws were associated with fewer local ordinances restricting smoking, a reduced level of worker protection from secondhand smoke, and reduced support for smoke-free policies among current smokers. Discussion. State preemptive laws have several effects that could impede progress in secondhand smoke protections and broader tobacco control efforts. Conclusion. Practitioners and advocates working on other public health issues should familiarize themselves with the benefits of local policy making and the potential impact of preemption. PMID:22654921

  2. 10 CFR 430.33 - Preemption of State regulations.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS Energy and Water Conservation Standards § 430.33 Preemption of State regulations. (a) Any State regulation providing for any energy conservation standard, or water conservation standard (in the case of faucets...

  3. 10 CFR 430.33 - Preemption of State regulations.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS Energy and Water Conservation Standards § 430.33 Preemption of State regulations. (a) Any State regulation providing for any energy conservation standard, or water conservation standard (in the case of faucets...

  4. 10 CFR 430.33 - Preemption of State regulations.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS Energy and Water Conservation Standards § 430.33 Preemption of State regulations. (a) Any State regulation providing for any energy conservation standard, or water conservation standard (in the case of faucets...

  5. 10 CFR 430.33 - Preemption of State regulations.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS Energy and Water Conservation Standards § 430.33 Preemption of State regulations. (a) Any State regulation providing for any energy conservation standard, or water conservation standard (in the case of faucets...

  6. Intersection Monitor for Traffic-Light-Preemption System

    NASA Technical Reports Server (NTRS)

    Bachelder, Aaron; Foster, Conrad

    2006-01-01

    The figure shows an intersection monitor that is a key subsystem of an emergency traffic-light-preemption system that could be any of the systems described in the three immediately preceding articles and in Systems Would Preempt Traffic Lights for Emergency Vehicles (NPO-30573), NASA Tech Briefs, Vol. 28, No. 10 (October 2004), page 36. This unit is so named because it is installed at an intersection, where it monitors the phases (in the sense of timing) of the traffic lights. The mode of operation of this monitor is independent of the type of traffic-light-controller hardware or software in use at the intersection. Moreover, the design of the monitor is such that (1) the monitor does not, by itself, affect the operation of the traffic- light controller and (2) in the event of a failure of the monitor, the trafficlight controller continues to function normally (albeit without preemption). The monitor is installed in series with the traffic-light controller at an intersection. The control signals of interest are monitored by use of high-impedance taps on affected control lines. These taps are fully isolated and further protected by high-voltage diodes that prevent any voltages or short circuits that arise within the monitor from affecting the controller. The signals from the taps are processed digitally and cleaned up by use of high-speed logic gates, and the resulting data are passed on to other parts of the traffic-light-preemption intersection subsystem. The data are compared continuously with data from vehicles and used to calculate timing for reliable preemption of the traffic lights. The pedestrian crossing at the intersection is also monitored, and pedestrians are warned not to cross during preemption.

  7. 24 CFR 3282.11 - Preemption and reciprocity.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 5 2013-04-01 2013-04-01 false Preemption and reciprocity. 3282.11 Section 3282.11 Housing and Urban Development Regulations Relating to Housing and Urban Development... and reciprocity. (a) No State manufactured home standard regarding manufactured home construction and...

  8. 24 CFR 3282.11 - Preemption and reciprocity.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 5 2012-04-01 2012-04-01 false Preemption and reciprocity. 3282.11 Section 3282.11 Housing and Urban Development Regulations Relating to Housing and Urban Development... and reciprocity. (a) No State manufactured home standard regarding manufactured home construction and...

  9. 24 CFR 3282.11 - Preemption and reciprocity.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 5 2011-04-01 2011-04-01 false Preemption and reciprocity. 3282.11 Section 3282.11 Housing and Urban Development Regulations Relating to Housing and Urban Development... and reciprocity. (a) No State manufactured home standard regarding manufactured home construction and...

  10. 24 CFR 3282.11 - Preemption and reciprocity.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 5 2014-04-01 2014-04-01 false Preemption and reciprocity. 3282.11 Section 3282.11 Housing and Urban Development Regulations Relating to Housing and Urban Development... and reciprocity. (a) No State manufactured home standard regarding manufactured home construction and...

  11. 24 CFR 3282.11 - Preemption and reciprocity.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 5 2010-04-01 2010-04-01 false Preemption and reciprocity. 3282.11 Section 3282.11 Housing and Urban Development Regulations Relating to Housing and Urban Development... and reciprocity. (a) No State manufactured home standard regarding manufactured home construction and...

  12. 3 CFR - Preemption

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... preemption by the Congress or an otherwise sufficient basis under applicable legal principles. The purpose of... principles that reflect these circumstances and values. As Justice Brandeis explained more than 70 years ago... citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the...

  13. 24 CFR 246.9 - Request for preemption.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 2 2014-04-01 2014-04-01 false Request for preemption. 246.9 Section 246.9 Housing and Urban Development Regulations Relating to Housing and Urban Development... URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES...

  14. 24 CFR 246.9 - Request for preemption.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 2 2011-04-01 2011-04-01 false Request for preemption. 246.9 Section 246.9 Housing and Urban Development Regulations Relating to Housing and Urban Development... URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES...

  15. 24 CFR 246.9 - Request for preemption.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Request for preemption. 246.9 Section 246.9 Housing and Urban Development Regulations Relating to Housing and Urban Development... URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES...

  16. 24 CFR 246.9 - Request for preemption.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 2 2012-04-01 2012-04-01 false Request for preemption. 246.9 Section 246.9 Housing and Urban Development Regulations Relating to Housing and Urban Development... URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES...

  17. 24 CFR 246.9 - Request for preemption.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 2 2013-04-01 2013-04-01 false Request for preemption. 246.9 Section 246.9 Housing and Urban Development Regulations Relating to Housing and Urban Development... URBAN DEVELOPMENT MORTGAGE AND LOAN INSURANCE PROGRAMS UNDER NATIONAL HOUSING ACT AND OTHER AUTHORITIES...

  18. 40 CFR 1074.105 - Criteria for granting authorization.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD.... (a) The Administrator will grant the authorization if California determines that its standards will... following are true: (1) California's determination is arbitrary and capricious. (2) California does not need...

  19. 40 CFR 1074.105 - Criteria for granting authorization.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD.... (a) The Administrator will grant the authorization if California determines that its standards will... following are true: (1) California's determination is arbitrary and capricious. (2) California does not need...

  20. 40 CFR 1074.105 - Criteria for granting authorization.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD.... (a) The Administrator will grant the authorization if California determines that its standards will... following are true: (1) California's determination is arbitrary and capricious. (2) California does not need...

  1. 76 FR 72495 - Alabama Metal Coil Securement Act; Petition for Determination of Preemption

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-11-23

    ...-0318] Alabama Metal Coil Securement Act; Petition for Determination of Preemption AGENCY: Federal Motor... the American Trucking Associations (ATA) requesting a determination that the State of Alabama's Metal..., Alabama's metal coil load securement certification requirements may have on interstate commerce. DATES...

  2. 16 CFR 1061.9 - Information about the effect on interstate commerce.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... commerce. 1061.9 Section 1061.9 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.9 Information about the effect on interstate commerce. An application for exemption from preemption shall provide information on the effect on interstate commerce a...

  3. 16 CFR 1061.9 - Information about the effect on interstate commerce.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... commerce. 1061.9 Section 1061.9 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.9 Information about the effect on interstate commerce. An application for exemption from preemption shall provide information on the effect on interstate commerce a...

  4. 16 CFR 1061.9 - Information about the effect on interstate commerce.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... commerce. 1061.9 Section 1061.9 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.9 Information about the effect on interstate commerce. An application for exemption from preemption shall provide information on the effect on interstate commerce a...

  5. 45 CFR 146.143 - Preemption; State flexibility; construction.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... HEALTH CARE ACCESS REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET Preemption and Special Rules § 146... to health insurance issuers. Subject to paragraph (b) of this section and except as provided in... solely relating to health insurance issuers in connection with group health insurance coverage except to...

  6. 24 CFR 246.11 - Notification of action on preemption request.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 2 2013-04-01 2013-04-01 false Notification of action on preemption request. 246.11 Section 246.11 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER...

  7. 24 CFR 246.11 - Notification of action on preemption request.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Notification of action on preemption request. 246.11 Section 246.11 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER...

  8. 24 CFR 246.11 - Notification of action on preemption request.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 2 2011-04-01 2011-04-01 false Notification of action on preemption request. 246.11 Section 246.11 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER...

  9. 24 CFR 246.11 - Notification of action on preemption request.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 2 2012-04-01 2012-04-01 false Notification of action on preemption request. 246.11 Section 246.11 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER...

  10. 24 CFR 246.11 - Notification of action on preemption request.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 2 2014-04-01 2014-04-01 false Notification of action on preemption request. 246.11 Section 246.11 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER...

  11. 16 CFR 1061.9 - Information about the effect on interstate commerce.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... commerce. 1061.9 Section 1061.9 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.9 Information about the effect on interstate commerce. An application for exemption from preemption shall provide information on the effect on interstate commerce a...

  12. 45 CFR 146.143 - Preemption; State flexibility; construction.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ....143 Section 146.143 Public Welfare Department of Health and Human Services REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET Preemption and Special Rules § 146... to health insurance issuers. Subject to paragraph (b) of this section and except as provided in...

  13. 45 CFR 146.143 - Preemption; State flexibility; construction.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ....143 Section 146.143 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET Preemption and Special Rules § 146... to health insurance issuers. Subject to paragraph (b) of this section and except as provided in...

  14. 45 CFR 146.143 - Preemption; State flexibility; construction.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ....143 Section 146.143 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET Preemption and Special Rules § 146... to health insurance issuers. Subject to paragraph (b) of this section and except as provided in...

  15. 45 CFR 146.143 - Preemption; State flexibility; construction.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ....143 Section 146.143 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES REQUIREMENTS RELATING TO HEALTH CARE ACCESS REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET Preemption and Special Rules § 146... to health insurance issuers. Subject to paragraph (b) of this section and except as provided in...

  16. 42 CFR 422.402 - Federal preemption of State law.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Federal preemption of State law. 422.402 Section 422.402 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM MEDICARE ADVANTAGE PROGRAM Organization Compliance With State Law and...

  17. 32 CFR 232.7 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... protection to a covered borrower greater than those protections provided by 10 U.S.C. 987 and this part. (b... of the State, or (2) Permit the violation or waiver of any State consumer lending protection that is... TERMS OF CONSUMER CREDIT EXTENDED TO SERVICE MEMBERS AND DEPENDENTS § 232.7 Preemption. (a) Inconsistent...

  18. 24 CFR 246.12 - Preemption of prospective term of lease.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 2 2013-04-01 2013-04-01 false Preemption of prospective term of lease. 246.12 Section 246.12 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF...

  19. 24 CFR 246.12 - Preemption of prospective term of lease.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 24 Housing and Urban Development 2 2011-04-01 2011-04-01 false Preemption of prospective term of lease. 246.12 Section 246.12 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF...

  20. 24 CFR 246.12 - Preemption of prospective term of lease.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 2 2014-04-01 2014-04-01 false Preemption of prospective term of lease. 246.12 Section 246.12 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF...

  1. 24 CFR 246.12 - Preemption of prospective term of lease.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 24 Housing and Urban Development 2 2010-04-01 2010-04-01 false Preemption of prospective term of lease. 246.12 Section 246.12 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF...

  2. 24 CFR 246.12 - Preemption of prospective term of lease.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 2 2012-04-01 2012-04-01 false Preemption of prospective term of lease. 246.12 Section 246.12 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF...

  3. 77 FR 5696 - Exceptions or Alternatives to Labeling Requirements for Products Held by the Strategic National...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-02-06

    ... products in the SNS that are approved, licensed, or cleared for marketing.\\2\\ Labels on investigational... the implementation of this rule, when investigational products were ultimately approved for marketing... that any statements concerning preemption can be justified under legal principles governing preemption...

  4. The Politics of Preemption: Invigorating a Classic Classroom Concept

    ERIC Educational Resources Information Center

    Cain, Rita Marie

    2007-01-01

    This article discusses the tensions between the federal government and the states in several areas in modern commerce where consumers and business have competing interests. First the article discusses traditional approaches to express preemption and the constitutional and economic policy behind its uses by Congress. Even when Congress expressly…

  5. 14 CFR 120.121 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS DRUG AND ALCOHOL TESTING PROGRAM Drug Testing Program Requirements § 120.121 Preemption. (a) The issuance of 14 CFR parts 65, 91, 121... subject matter of 14 CFR parts 65, 91, 121, and 135, including but not limited to, drug testing of...

  6. 14 CFR 120.121 - Preemption.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS DRUG AND ALCOHOL TESTING PROGRAM Drug Testing Program Requirements § 120.121 Preemption. (a) The issuance of 14 CFR parts 65, 91, 121... subject matter of 14 CFR parts 65, 91, 121, and 135, including but not limited to, drug testing of...

  7. 14 CFR 120.121 - Preemption.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS DRUG AND ALCOHOL TESTING PROGRAM Drug Testing Program Requirements § 120.121 Preemption. (a) The issuance of 14 CFR parts 65, 91, 121... subject matter of 14 CFR parts 65, 91, 121, and 135, including but not limited to, drug testing of...

  8. 14 CFR 120.121 - Preemption.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS DRUG AND ALCOHOL TESTING PROGRAM Drug Testing Program Requirements § 120.121 Preemption. (a) The issuance of 14 CFR parts 65, 91, 121... subject matter of 14 CFR parts 65, 91, 121, and 135, including but not limited to, drug testing of...

  9. 14 CFR 120.121 - Preemption.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... AND OPERATORS FOR COMPENSATION OR HIRE: CERTIFICATION AND OPERATIONS DRUG AND ALCOHOL TESTING PROGRAM Drug Testing Program Requirements § 120.121 Preemption. (a) The issuance of 14 CFR parts 65, 91, 121... subject matter of 14 CFR parts 65, 91, 121, and 135, including but not limited to, drug testing of...

  10. 10 CFR 430.33 - Preemption of State regulations.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ..., showerheads, water closets, and urinals), or other requirement with respect to the energy efficiency, energy... regulation, or revision thereof, concerning the energy efficiency, energy use, or water use of the covered... 10 Energy 3 2010-01-01 2010-01-01 false Preemption of State regulations. 430.33 Section 430.33...

  11. 10 CFR 431.32 - Preemption of State regulations.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 3 2010-01-01 2010-01-01 false Preemption of State regulations. 431.32 Section 431.32 Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND... respect to energy consumption, other than the information required to be disclosed in accordance with this...

  12. 10 CFR 431.26 - Preemption of State regulations.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 3 2010-01-01 2010-01-01 false Preemption of State regulations. 431.26 Section 431.26 Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND... to the energy efficiency or energy use, of an electric motor that is not identical to a Federal...

  13. 41 CFR 60-2.33 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 41 Public Contracts and Property Management 1 2010-07-01 2010-07-01 true Preemption. 60-2.33 Section 60-2.33 Public Contracts and Property Management Other Provisions Relating to Public Contracts... conflict with Executive Order 11246, as amended, or with the requirements of this part, they will be...

  14. 16 CFR § 1061.9 - Information about the effect on interstate commerce.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... commerce. § 1061.9 Section § 1061.9 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.9 Information about the effect on interstate commerce. An application for exemption from preemption shall provide information on the effect on interstate commerce a...

  15. 75 FR 80289 - Energy Efficiency Program for Consumer Products: Waiver of Federal Preemption of State...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-12-22

    ... Program for Consumer Products: Waiver of Federal Preemption of State Regulations Concerning the Water Use or Water Efficiency of Showerheads, Faucets, Water Closets and Urinals AGENCY: Office of Energy....C. 6297(c) with respect to any State regulation concerning the water use or water efficiency of...

  16. 40 CFR 1074.115 - Relationship of federal and state standards.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Relationship of federal and state standards. 1074.115 Section 1074.115 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES...

  17. 16 CFR 317.4 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Preemption. 317.4 Section 317.4 Commercial... this Rule, to preempt the laws of any state or local government, except to the extent that any such law conflicts with this Rule. A law is not in conflict with this Rule if it affords equal or greater protection...

  18. 76 FR 51373 - Agency Information Collection Activities; Submission for Office of Management and Budget Review...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-08-18

    ... Federal preemption of State food labeling and standard of identity requirements. Section 100.1(d) (21 CFR... DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2011-N-0402... Request; State Petitions for Exemption From Preemption AGENCY: Food and Drug Administration, HHS. ACTION...

  19. 10 CFR 431.402 - Preemption of State regulations for commercial HVAC & WH products.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 10 Energy 3 2010-01-01 2010-01-01 false Preemption of State regulations for commercial HVAC & WH products. 431.402 Section 431.402 Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY EFFICIENCY PROGRAM... regulation concerning the energy efficiency or energy use of that product, except as provided for in Section...

  20. 7 CFR 360.600 - Preemption of State and local laws.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE NOXIOUS WEED REGULATIONS § 360.600 Preemption of State and... subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate... prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has...

  1. 7 CFR 360.600 - Preemption of State and local laws.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE NOXIOUS WEED REGULATIONS § 360.600 Preemption of State and... subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate... prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has...

  2. 7 CFR 360.600 - Preemption of State and local laws.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE NOXIOUS WEED REGULATIONS § 360.600 Preemption of State and... subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate... prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has...

  3. 7 CFR 360.600 - Preemption of State and local laws.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE NOXIOUS WEED REGULATIONS § 360.600 Preemption of State and... subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate... prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has...

  4. 28 CFR 97.22 - No pre-emption of federal, State, or local laws or regulations.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... regulations governing interstate commerce will continue to apply to private prisoner transport companies...) STANDARDS FOR PRIVATE ENTITIES PROVIDING PRISONER OR DETAINEE SERVICES § 97.22 No pre-emption of federal... any applicable federal, State, or local law that may impose additional obligations on private prisoner...

  5. 7 CFR 360.400 - Preemption of State and local laws.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE NOXIOUS WEED REGULATIONS § 360.400 Preemption of State and... subdivision of a State may not regulate in foreign commerce any noxious weed in order to control it, eradicate... prohibitions or restrictions upon the movement in interstate commerce of noxious weeds if the Secretary has...

  6. Traffic signal design and simulation for vulnerable road users safety and bus preemption

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Lo, Shih-Ching; Huang, Hsieh-Chu

    Mostly, pedestrian car accidents occurred at a signalized interaction is because pedestrians cannot across the intersection safely within the green light. From the viewpoint of pedestrian, there might have two reasons. The first one is pedestrians cannot speed up to across the intersection, such as the elders. The other reason is pedestrians do not sense that the signal phase is going to change and their right-of-way is going to be lost. Developing signal logic to protect pedestrian, who is crossing an intersection is the first purpose of this study. In addition, to improve the reliability and reduce delay of publicmore » transportation service is the second purpose. Therefore, bus preemption is also considered in the designed signal logic. In this study, the traffic data of the intersection of Chong-Qing North Road and Min-Zu West Road, Taipei, Taiwan, is employed to calibrate and validate the signal logic by simulation. VISSIM 5.20, which is a microscopic traffic simulation software, is employed to simulate the signal logic. From the simulated results, the signal logic presented in this study can protect pedestrians crossing the intersection successfully. The design of bus preemption can reduce the average delay. However, the pedestrian safety and bus preemption signal will influence the average delay of cars largely. Thus, whether applying the pedestrian safety and bus preemption signal logic to an intersection or not should be evaluated carefully.« less

  7. The Impact of Federal Preemption of State Antipredatory Lending Laws on the Foreclosure Crisis

    ERIC Educational Resources Information Center

    Ding, Lei; Quercia, Roberto G.; Reid, Carolina K.; White, Alan M.

    2012-01-01

    State antipredatory lending laws (APLs) are designed to protect borrowers against predatory lending that can increase the risk of default and deplete the home equity held by borrowers. Federal regulators instituted preemption that limited the scope and reach of state antipredatory lending regulations for certain lenders. Based on the variation in…

  8. 24 CFR 246.8 - Materials to be submitted to HUD in support of preemption request.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 24 Housing and Urban Development 2 2013-04-01 2013-04-01 false Materials to be submitted to HUD in support of preemption request. 246.8 Section 246.8 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING...

  9. 24 CFR 246.8 - Materials to be submitted to HUD in support of preemption request.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 24 Housing and Urban Development 2 2014-04-01 2014-04-01 false Materials to be submitted to HUD in support of preemption request. 246.8 Section 246.8 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING...

  10. 24 CFR 246.8 - Materials to be submitted to HUD in support of preemption request.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 24 Housing and Urban Development 2 2012-04-01 2012-04-01 false Materials to be submitted to HUD in support of preemption request. 246.8 Section 246.8 Housing and Urban Development Regulations Relating to Housing and Urban Development (Continued) OFFICE OF ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING...

  11. FDA preemption of drug and device labeling: who should decide what goes on a drug label?

    PubMed

    Valoir, Tamsen; Ghosh, Shubha

    2011-01-01

    The Supreme Court decided an issue that is critical to consumer health and safety last year. In April 2009, the Supreme Court held that extensive FDA regulation of drugs did not preempt a state law claim that an additional warning on the label was necessary to make the drug reasonably safe for use. Thus, states--and even courts and juries--are now free to cast their vote on what a drug label should say. This is in direct contrast to medical devices, where the federal statute regulating medical devices expressly provides that state regulations are preempted. This Article discusses basic preemption principles and drugs, and explores the policy ramifications of pro- and anti-preemption policy in the healthcare industry.

  12. Grassroots movement building and preemption in the campaign for residential fire sprinklers.

    PubMed

    Pertschuk, Mark; Hobart, Robin; Paloma, Marjorie; Larkin, Michelle A; Balbach, Edith D

    2013-10-01

    Home fires account for 85% of fire deaths in the United States, the majority in 1- or 2-family homes lacking fire sprinklers. Since 1978, however, a grassroots movement has successfully promoted more than 360 local ordinances mandating sprinklers in all new residential construction, including 1- and 2-family homes. The homebuilding industry has responded by seeking state preemption of local authority, a strategy previously used by other industries concerned about protecting their profits. From 2009 through 2011, 13 states adopted laws eliminating or limiting local authority over residential fire sprinklers. This study of the residential sprinkler movement adds to our understanding of grassroots public health movements and provides additional evidence that preemption can have a negative impact on public health and safety.

  13. An investigative analysis of information assurance issues associated with the GIG's P&P architecture

    NASA Astrophysics Data System (ADS)

    Farroha, B. S.; Cole, R. G.; Farroha, D. L.; DeSimone, A.

    2007-04-01

    The Global Information Grid (GIG) is a collection of systems, programs and initiatives aimed at building a secure network and set of information capabilities modeled after the Internet. The GIG is expected to facilitate DoD's transformation by allowing warfighters, policy makers and support personnel to engage in rapid decision making. The roadmap is designed to take advantage of converged services of voice, data, video, and imagery over common data links. The vision is to have commanders identify threats more effectively, make informed decisions, and respond with greater precision and lethality. The information advantage gained through the GIG and network-centric warfare (NCW) allows a warfighting force to achieve dramatically improved information positions, in the form of common operational pictures that provide the basis for shared situational awareness and knowledge, and a resulting increase in combat power. The GIG Precedence and Preemption (P&P) requirements stem from the need to utilize scarce resources at critical times in the most effective way in support of national security, the intelligence community and the war-fighter. Information Assurance (IA) enables all information and data to be available end-to-end to support any mission without delay in accordance to the sensitivity of the task. Together, P&P and IA ensure data availability integrity, authentication, confidentiality, and non-repudiation. This study addresses and analyzes the QoS and P & P requirements and architecture for the GIG. Threat scenarios are presented and used to evaluate the reference architectures. The goal of the study is to assess the Information Assurance concerns associated with implementing Precedence and Preemption within the GIG and to guarantee an acceptable minimum level of security and protection for DoD networks.

  14. 7 CFR 361.2 - Preemption of State and local laws; general restrictions on the importation of seed and screenings.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... restrictions on the importation of seed and screenings. 361.2 Section 361.2 Agriculture Regulations of the... IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT § 361.2 Preemption of State and local laws; general restrictions on the importation of seed and screenings. (a) The regulations in this part preempt...

  15. 7 CFR 361.2 - Preemption of State and local laws; general restrictions on the importation of seed and screenings.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... restrictions on the importation of seed and screenings. 361.2 Section 361.2 Agriculture Regulations of the... IMPORTATION OF SEED AND SCREENINGS UNDER THE FEDERAL SEED ACT § 361.2 Preemption of State and local laws; general restrictions on the importation of seed and screenings. (a) The regulations in this part preempt...

  16. 10 CFR 431.408 - Preemption of State regulations for covered equipment other than electric motors and commercial...

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 10 Energy 3 2012-01-01 2012-01-01 false Preemption of State regulations for covered equipment other than electric motors and commercial heating, ventilating, air-conditioning and water heating products. 431.408 Section 431.408 Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMEN...

  17. Grassroots Movement Building and Preemption in the Campaign for Residential Fire Sprinklers

    PubMed Central

    Hobart, Robin; Paloma, Marjorie; Larkin, Michelle A.; Balbach, Edith D.

    2013-01-01

    Home fires account for 85% of fire deaths in the United States, the majority in 1- or 2-family homes lacking fire sprinklers. Since 1978, however, a grassroots movement has successfully promoted more than 360 local ordinances mandating sprinklers in all new residential construction, including 1- and 2-family homes. The homebuilding industry has responded by seeking state preemption of local authority, a strategy previously used by other industries concerned about protecting their profits. From 2009 through 2011, 13 states adopted laws eliminating or limiting local authority over residential fire sprinklers. This study of the residential sprinkler movement adds to our understanding of grassroots public health movements and provides additional evidence that preemption can have a negative impact on public health and safety. PMID:23948005

  18. Prevention, Preemption, and the Bush Doctrine

    DTIC Science & Technology

    2012-01-30

    Just War theorist, Immanuel Kant , addressed directly the issues of preemption and preventive war. Immanuel Kant (1724-1804), while clearly within...51-303, it is not copyrighted, but is the property of the United States government. Biography Chaplain, Lieutenant Colonel Timothy A...understand Kant as being descriptive rather than permissive. This is because he believed that international relations were not exercised in a simple “state

  19. Modeling species-abundance relationships in multi-species collections

    USGS Publications Warehouse

    Peng, S.; Yin, Z.; Ren, H.; Guo, Q.

    2003-01-01

    Species-abundance relationship is one of the most fundamental aspects of community ecology. Since Motomura first developed the geometric series model to describe the feature of community structure, ecologists have developed many other models to fit the species-abundance data in communities. These models can be classified into empirical and theoretical ones, including (1) statistical models, i.e., negative binomial distribution (and its extension), log-series distribution (and its extension), geometric distribution, lognormal distribution, Poisson-lognormal distribution, (2) niche models, i.e., geometric series, broken stick, overlapping niche, particulate niche, random assortment, dominance pre-emption, dominance decay, random fraction, weighted random fraction, composite niche, Zipf or Zipf-Mandelbrot model, and (3) dynamic models describing community dynamics and restrictive function of environment on community. These models have different characteristics and fit species-abundance data in various communities or collections. Among them, log-series distribution, lognormal distribution, geometric series, and broken stick model have been most widely used.

  20. The role of semantics, pre-emption and skew in linguistic distributions: the case of the un-construction

    PubMed Central

    Ibbotson, Paul

    2013-01-01

    We use the Google Ngram database, a corpus of 5,195,769 digitized books containing ~4% of all books ever published, to test three ideas that are hypothesized to account for linguistic generalizations: verbal semantics, pre-emption and skew. Using 828,813 tokens of un-forms as a test case for these mechanisms, we found verbal semantics was a good predictor of the frequency of un-forms in the English language over the past 200 years—both in terms of how the frequency changed over time and their frequency rank. We did not find strong evidence for the direct competition of un-forms and their top pre-emptors, however the skew of the un-construction competitors was inversely correlated with the acceptability of the un-form. We suggest a cognitive explanation for this, namely, that the more the set of relevant pre-emptors is skewed then the more easily it is retrieved from memory. This suggests that it is not just the frequency of pre-emptive forms that must be taken into account when trying to explain usage patterns but their skew as well. PMID:24399991

  1. The Russian Perception of the NATO Aerospace Threat: Could It Lead to Preemption

    DTIC Science & Technology

    2016-09-01

    64 | Air & Space Power Journal The Russian Perception of the NATO Aerospace Threat Could It Lead to Preemption? Lt Col Thomas R. McCabe, USAFR...authoritative Russian military writings and spokesmen have repeatedly declared that the aerospace sphere, where air and space combine into a single...air and space capability, especially its airfields, aircraft, and aerospace defenses.36 Another key objective, as previously noted, may be a

  2. Compilation time analysis to minimize run-time overhead in preemptive scheduling on multiprocessors

    NASA Astrophysics Data System (ADS)

    Wauters, Piet; Lauwereins, Rudy; Peperstraete, J.

    1994-10-01

    This paper describes a scheduling method for hard real-time Digital Signal Processing (DSP) applications, implemented on a multi-processor. Due to the very high operating frequencies of DSP applications (typically hundreds of kHz) runtime overhead should be kept as small as possible. Because static scheduling introduces very little run-time overhead it is used as much as possible. Dynamic pre-emption of tasks is allowed if and only if it leads to better performance in spite of the extra run-time overhead. We essentially combine static scheduling with dynamic pre-emption using static priorities. Since we are dealing with hard real-time applications we must be able to guarantee at compile-time that all timing requirements will be satisfied at run-time. We will show that our method performs at least as good as any static scheduling method. It also reduces the total amount of dynamic pre-emptions compared with run time methods like deadline monotonic scheduling.

  3. Automated Announcements of Approaching Emergency Vehicles

    NASA Technical Reports Server (NTRS)

    Bachelder, Aaron; Foster, Conrad

    2006-01-01

    Street intersections that are equipped with traffic lights would also be equipped with means for generating audible announcements of approaching emergency vehicles, according to a proposal. The means to generate the announcements would be implemented in the intersection- based subsystems of emergency traffic-light-preemption systems like those described in the two immediately preceding articles and in "Systems Would Preempt Traffic Lights for Emergency Vehicles" (NPO-30573), NASA Tech Briefs, Vol. 28, No. 10 (October 2004), page 36. Preempting traffic lights is not, by itself, sufficient to warn pedestrians at affected intersections that emergency vehicles are approaching. Automated visual displays that warn of approaching emergency vehicles can be helpful as a supplement to preemption of traffic lights, but experience teaches that for a variety of reasons, pedestrians often do not see such displays. Moreover, in noisy and crowded urban settings, the lights and sirens on emergency vehicles are often not noticed until a few seconds before the vehicles arrive. According to the proposal, the traffic-light preemption subsystem at each intersection would generate an audible announcement for example, emergency vehicle approaching, please clear intersection whenever a preemption was triggered. The subsystem would estimate the time of arrival of an approaching emergency vehicle by use of vehicle identity, position, and time data from one or more sources that could include units connected to traffic loops and/or transponders connected to diagnostic and navigation systems in participating emergency vehicles. The intersection-based subsystem would then start the announcement far enough in advance to enable pedestrians to leave the roadway before any emergency vehicles arrive.

  4. Bad medicine: prescription drugs, preemption, and the potential for a no-fault fix.

    PubMed

    Smirniotopoulos, Amalea

    2012-01-01

    For decades, federal regulation of pharmaceutical drugs and medical devices has worked hand in hand with state tort claims to protect the health and safety of the American public. Now, a new trend toward preemption endangers this scheme. In recent years, the Supreme Court has given increasing deference to agency assertions about their preemptive authority and has found preemption in an increasing number of cases. In the process, the Supreme Court has preempted claims for medical device injuries and left claims for pharmaceutical harms in a precarious position. The elimination of common law claims for drug and device harms will leave holes in the FDA's regulatory scheme, endangering the health and safety of Americans. It will also prevent ordinary Americans from seeking compensation for their injuries--even those injuries caused by manufacturer malfeasance. This Article proposes that Congress create a no-fault compensation scheme for drugs and medical devices to close these gaps. Such a scheme could be both practical and politically possible, satisfying manufacturers, tort reformers, patients, and plaintiffs' lawyers alike.

  5. Emergency vehicle traffic signal preemption system

    NASA Technical Reports Server (NTRS)

    Foster, Conrad F. (Inventor); Bachelder, Aaron D. (Inventor)

    2005-01-01

    An emergency vehicle traffic light preemption system for preemption of traffic lights at an intersection to allow safe passage of emergency vehicles. The system includes a real-time status monitor of an intersection which is relayed to a communications controller for transmission to emergency vehicles as well as to a central dispatch office. The system also provides for audio warnings at an intersection to protect pedestrians who may not be in a position to see visual warnings or for various reasons cannot hear the approach of emergency vehicles. A transponder mounted on an emergency vehicle provides autonomous control so the vehicle operator can attend to getting to an emergency and not be concerned with the operation of the system. Activation of a Code 3 situation provides communications with each intersection being approached by an emergency vehicle and indicates whether the intersection is preempted or if there is any conflict with other approaching emergency vehicles. On-board diagnostics handle various information including heading, speed, and acceleration sent to a communications controller which is transmitted to an intersection and which also simultaneously receives information regarding the status of an intersection.

  6. A Proposed Probabilistic Extension of the Halpern and Pearl Definition of ‘Actual Cause’

    PubMed Central

    2017-01-01

    ABSTRACT Joseph Halpern and Judea Pearl ([2005]) draw upon structural equation models to develop an attractive analysis of ‘actual cause’. Their analysis is designed for the case of deterministic causation. I show that their account can be naturally extended to provide an elegant treatment of probabilistic causation. 1Introduction2Preemption3Structural Equation Models4The Halpern and Pearl Definition of ‘Actual Cause’5Preemption Again6The Probabilistic Case7Probabilistic Causal Models8A Proposed Probabilistic Extension of Halpern and Pearl’s Definition9Twardy and Korb’s Account10Probabilistic Fizzling11Conclusion PMID:29593362

  7. Preemption - atomic energy

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Ojanen, K.

    1984-07-01

    While waiting for the federal government to develop a nuclear waste disposal strategy, California enacted legislation that bans the construction of nuclear reactors until permanent disposal technology for high-level wastes is demonstrated and approved. The US Supreme Court upheld this prohibition in Pacific Gas and Electric Co. v. State Energy Resources Conservation and Development Commission. The Court found that the California law did not attempt to regulate the construction or operation of a nuclear plant nor to infringe on federal regulation of radiation safety and nuclear wastes. The moratorium is a legitimate move by the state to avoid economic uncertainties.more » Federal preemption of the law would empower utilities to determine state energy needs and programs. 131 references.« less

  8. Linguistic generalization on the basis of function and constraints on the basis of statistical preemption.

    PubMed

    Perek, Florent; Goldberg, Adele E

    2017-11-01

    How do people learn to use language in creative but constrained ways? Experiment 1 investigates linguistic creativity by exposing adult participants to two novel word order constructions that differ in terms of their semantics: One construction exclusively describes actions that have a strong effect; the other construction describes actions with a weaker but otherwise similar effect. One group of participants witnessed novel verbs only appearing in one construction or the other, while another group witnessed a minority of verbs alternating between constructions. Subsequent production and judgment results demonstrate that participants in both conditions extended and accepted verbs in whichever construction best described the intended message. Unlike related previous work, this finding is not naturally attributable to prior knowledge of the likely division of labor between verbs and constructions or to a difference in cue validity. In order to investigate how speakers learn to constrain generalizations, Experiment 2 includes one verb (out of 6) that was witnessed in a single construction to describe both strong and weak effects, essentially statistically preempting the use of the other construction. In this case, participants were much more lexically conservative with this verb and other verbs, while they nonetheless displayed an appreciation of the distinct semantics of the constructions with new novel verbs. Results indicate that the need to better express an intended message encourages generalization, while statistical preemption constrains generalization by providing evidence that verbs are restricted in their distribution. Copyright © 2017 Elsevier B.V. All rights reserved.

  9. Emergency vehicle traffic signal preemption system

    NASA Technical Reports Server (NTRS)

    Bachelder, Aaron D. (Inventor); Foster, Conrad F. (Inventor)

    2011-01-01

    An emergency vehicle traffic light preemption system for preemption of traffic lights at an intersection to allow safe passage of emergency vehicles. The system includes a real-time status monitor of an intersection which is relayed to a control module for transmission to emergency vehicles as well as to a central dispatch office. The system also provides for audio warnings at an intersection to protect pedestrians who may not be in a position to see visual warnings or for various reasons cannot hear the approach of emergency vehicles. A transponder mounted on an emergency vehicle provides autonomous control so the vehicle operator can attend to getting to an emergency and not be concerned with the operation of the system. Activation of a priority-code (i.e. Code-3) situation provides communications with each intersection being approached by an emergency vehicle and indicates whether the intersection is preempted or if there is any conflict with other approaching emergency vehicles. On-board diagnostics handle various information including heading, speed, and acceleration sent to a control module which is transmitted to an intersection and which also simultaneously receives information regarding the status of an intersection. Real-time communications and operations software allow central and remote monitoring, logging, and command of intersections and vehicles.

  10. Preemption versus Entrenchment: Towards a Construction-General Solution to the Problem of the Retreat from Verb Argument Structure Overgeneralization

    PubMed Central

    Ambridge, Ben; Bidgood, Amy; Twomey, Katherine E.; Pine, Julian M.; Rowland, Caroline F.; Freudenthal, Daniel

    2015-01-01

    Participants aged 5;2-6;8, 9;2-10;6 and 18;1-22;2 (72 at each age) rated verb argument structure overgeneralization errors (e.g., *Daddy giggled the baby) using a five-point scale. The study was designed to investigate the feasibility of two proposed construction-general solutions to the question of how children retreat from, or avoid, such errors. No support was found for the prediction of the preemption hypothesis that the greater the frequency of the verb in the single most nearly synonymous construction (for this example, the periphrastic causative; e.g., Daddy made the baby giggle), the lower the acceptability of the error. Support was found, however, for the prediction of the entrenchment hypothesis that the greater the overall frequency of the verb, regardless of construction, the lower the acceptability of the error, at least for the two older groups. Thus while entrenchment appears to be a robust solution to the problem of the retreat from error, and one that generalizes across different error types, we did not find evidence that this is the case for preemption. The implication is that the solution to the retreat from error lies not with specialized mechanisms, but rather in a probabilistic process of construction competition. PMID:25919003

  11. Preemption versus Entrenchment: Towards a Construction-General Solution to the Problem of the Retreat from Verb Argument Structure Overgeneralization.

    PubMed

    Ambridge, Ben; Bidgood, Amy; Twomey, Katherine E; Pine, Julian M; Rowland, Caroline F; Freudenthal, Daniel

    2014-01-01

    Participants aged 5;2-6;8, 9;2-10;6 and 18;1-22;2 (72 at each age) rated verb argument structure overgeneralization errors (e.g., *Daddy giggled the baby) using a five-point scale. The study was designed to investigate the feasibility of two proposed construction-general solutions to the question of how children retreat from, or avoid, such errors. No support was found for the prediction of the preemption hypothesis that the greater the frequency of the verb in the single most nearly synonymous construction (for this example, the periphrastic causative; e.g., Daddy made the baby giggle), the lower the acceptability of the error. Support was found, however, for the prediction of the entrenchment hypothesis that the greater the overall frequency of the verb, regardless of construction, the lower the acceptability of the error, at least for the two older groups. Thus while entrenchment appears to be a robust solution to the problem of the retreat from error, and one that generalizes across different error types, we did not find evidence that this is the case for preemption. The implication is that the solution to the retreat from error lies not with specialized mechanisms, but rather in a probabilistic process of construction competition.

  12. Vehicle Transponder for Preemption of Traffic Lights

    NASA Technical Reports Server (NTRS)

    Foster, Conrad; Bachelder, Aaron

    2006-01-01

    The purpose of this article is to describe, in more detail, the transponder installed in each vehicle that participates in the emergency traffic-light-preemption system described in the immediately preceding article. The transponder (see figure) is a fully autonomous data--collection, data-processing, information-display, and communication subsystem that performs robustly in preemption of traffic lights and monitoring of the statuses of street intersections. This transponder monitors the condition of the emergency vehicle in which it is installed and determines when the vehicle has been placed in an emergency-response condition with its siren and/or warning lights activated. Upon detection of such a condition, the transponder collects real-time velocity and acceleration data from the onboard diagnostic (OBD) computer of the vehicle. For this purpose, the transponder contains an OBD interface circuit, including a microprocessor that determines the manufacturer and model of the vehicle and then sends the appropriate commands to the OBD computer requesting the speed and acceleration data. At the same time, data from an onboard navigation system are collected to determine the location and the heading of the vehicle. Then acceleration, speed, position, and heading data are processed and combined with a vehicle-identification number and the resulting set of data is transmitted to monitoring and control units located at all intersections within communication range. When the unit at an intersection determines that this vehicle is approaching and has priority to preempt the intersection, it transmits a signal declaring the priority and the preemption to all participating vehicles (including this one) in the vicinity. If the unit at the intersection has determined that other participating vehicles are also approaching the intersection, then this unit also transmits, to the vehicle that has priority, a message that the other vehicles are approaching the same intersection. The texts of these messages, plus graphical symbols that show the directions and numbers of the approaching vehicles, are presented on the display panel of a computer that is part of the transponder.

  13. Parallel and Preemptable Dynamically Dimensioned Search Algorithms for Single and Multi-objective Optimization in Water Resources

    NASA Astrophysics Data System (ADS)

    Tolson, B.; Matott, L. S.; Gaffoor, T. A.; Asadzadeh, M.; Shafii, M.; Pomorski, P.; Xu, X.; Jahanpour, M.; Razavi, S.; Haghnegahdar, A.; Craig, J. R.

    2015-12-01

    We introduce asynchronous parallel implementations of the Dynamically Dimensioned Search (DDS) family of algorithms including DDS, discrete DDS, PA-DDS and DDS-AU. These parallel algorithms are unique from most existing parallel optimization algorithms in the water resources field in that parallel DDS is asynchronous and does not require an entire population (set of candidate solutions) to be evaluated before generating and then sending a new candidate solution for evaluation. One key advance in this study is developing the first parallel PA-DDS multi-objective optimization algorithm. The other key advance is enhancing the computational efficiency of solving optimization problems (such as model calibration) by combining a parallel optimization algorithm with the deterministic model pre-emption concept. These two efficiency techniques can only be combined because of the asynchronous nature of parallel DDS. Model pre-emption functions to terminate simulation model runs early, prior to completely simulating the model calibration period for example, when intermediate results indicate the candidate solution is so poor that it will definitely have no influence on the generation of further candidate solutions. The computational savings of deterministic model preemption available in serial implementations of population-based algorithms (e.g., PSO) disappear in synchronous parallel implementations as these algorithms. In addition to the key advances above, we implement the algorithms across a range of computation platforms (Windows and Unix-based operating systems from multi-core desktops to a supercomputer system) and package these for future modellers within a model-independent calibration software package called Ostrich as well as MATLAB versions. Results across multiple platforms and multiple case studies (from 4 to 64 processors) demonstrate the vast improvement over serial DDS-based algorithms and highlight the important role model pre-emption plays in the performance of parallel, pre-emptable DDS algorithms. Case studies include single- and multiple-objective optimization problems in water resources model calibration and in many cases linear or near linear speedups are observed.

  14. 49 CFR 107.219 - Processing.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ..., DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS AND OIL TRANSPORTATION HAZARDOUS MATERIALS PROGRAM... with the disposition of previous applications for waiver of preemption determinations. [Amdt. 107-3, 41...

  15. 24 CFR 206.8 - Preemption.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT... by this section shall apply notwithstanding any State constitution, law or regulation. (b) Second...

  16. 24 CFR 206.8 - Preemption.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT... by this section shall apply notwithstanding any State constitution, law or regulation. (b) Second...

  17. 24 CFR 206.8 - Preemption.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT... by this section shall apply notwithstanding any State constitution, law or regulation. (b) Second...

  18. 24 CFR 206.8 - Preemption.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT... by this section shall apply notwithstanding any State constitution, law or regulation. (b) Second...

  19. 49 CFR 397.223 - Petition for reconsideration.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.223 Petition for...

  20. A multi-group and preemptable scheduling of cloud resource based on HTCondor

    NASA Astrophysics Data System (ADS)

    Jiang, Xiaowei; Zou, Jiaheng; Cheng, Yaodong; Shi, Jingyan

    2017-10-01

    Due to the features of virtual machine-flexibility, easy controlling and various system environments, more and more fields utilize the virtualization technology to construct the distributed system with the virtual resources, also including high energy physics. This paper introduce a method used in high energy physics that supports multiple resource group and preemptable cloud resource scheduling, combining virtual machine with HTCondor (a batch system). It makes resource controlling more flexible and more efficient and makes resource scheduling independent of job scheduling. Firstly, the resources belong to different experiment-groups, and the type of user-groups mapping to resource-groups(same as experiment-group) is one-to-one or many-to-one. In order to make the confused group simply to be managed, we designed the permission controlling component to ensure that the different resource-groups can get the suitable jobs. Secondly, for the purpose of elastically allocating resources for suitable resource-group, it is necessary to schedule resources like scheduling jobs. So this paper designs the cloud resource scheduling to maintain a resource queue and allocate an appropriate amount of virtual resources to the request resource-group. Thirdly, in some kind of situations, because of the resource occupied for a long time, resources need to be preempted. This paper adds the preemption function for the resource scheduling that implement resource preemption based on the group priority. Additionally, the way to preempting is soft that when virtual resources are preempted, jobs will not be killed but also be held and rematched later. It is implemented with the help of HTCondor, storing the held job information in scheduler, releasing the job to idle status and doing second matcher. In IHEP (institute of high energy physics), we have built a batch system based on HTCondor with a virtual resources pool based on Openstack. And this paper will show some cases of experiment JUNO and LHAASO. The result indicates that multi-group and preemptable resource scheduling is efficient to support multi-group and soft preemption. Additionally, the permission controlling component has been used in the local computing cluster, supporting for experiment JUNO, CMS and LHAASO, and the scale will be expanded to more experiments at the first half year, including DYW, BES and so on. Its evidence that the permission controlling is efficient.

  1. On the optimal use of a slow server in two-stage queueing systems

    NASA Astrophysics Data System (ADS)

    Papachristos, Ioannis; Pandelis, Dimitrios G.

    2017-07-01

    We consider two-stage tandem queueing systems with a dedicated server in each queue and a slower flexible server that can attend both queues. We assume Poisson arrivals and exponential service times, and linear holding costs for jobs present in the system. We study the optimal dynamic assignment of servers to jobs assuming that two servers cannot collaborate to work on the same job and preemptions are not allowed. We formulate the problem as a Markov decision process and derive properties of the optimal allocation for the dedicated (fast) servers. Specifically, we show that the one downstream should not idle, and the same is true for the one upstream when holding costs are larger there. The optimal allocation of the slow server is investigated through extensive numerical experiments that lead to conjectures on the structure of the optimal policy.

  2. 49 CFR 397.69 - Highway routing designations; preemption.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Routing of Non-Radioactive Hazardous Materials...

  3. 24 CFR 5.210 - Purpose, applicability, and Federal preemption.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... and Urban Development GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS Disclosure and Verification of Social... subpart involves income information from SWICAs, and wages, net earnings from self-employment, payments of...

  4. Do priority effects outweigh environmental filtering in a guild of dominant freshwater macroinvertebrates?

    PubMed

    Little, Chelsea J; Altermatt, Florian

    2018-04-11

    Abiotic conditions have long been considered essential in structuring freshwater macroinvertebrate communities. Ecological drift, dispersal and biotic interactions also structure communities, and although these mechanisms are more difficult to detect, they may be of equal importance in natural communities. Here, we hypothesized that in 10 naturally replicated headwater streams in eastern Switzerland, locally dominant amphipod species would be associated with differences in environmental conditions. We conducted repeated surveys of amphipods and used a hierarchical joint species distribution model to assess the influence of different drivers on species co-occurrences. The species had unique environmental requirements, but a distinct spatial structure in their distributions was unrelated to habitat. Species co-occurred much less frequently than predicted by the model, which was surprising because laboratory and field evidence suggests they are capable of coexisting in equal densities. We suggest that niche preemption may limit their distribution and that a blocking effect related to the specific linear configuration of streams determines which species colonizes and dominates a given stream catchment, thus suggesting a new solution a long-standing conundrum in freshwater ecology. © 2018 The Author(s).

  5. 42 CFR 422.404 - State premium taxes prohibited.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... (CONTINUED) MEDICARE PROGRAM (CONTINUED) MEDICARE ADVANTAGE PROGRAM Organization Compliance With State Law and Preemption by Federal Law § 422.404 State premium taxes prohibited. (a) Basic rule. No premium tax...

  6. 42 CFR 423.420 - Solvency standards for non-licensed entities.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Organization Compliance with State Law and Preemption by Federal Law § 423.420 Solvency standards for non-licensed...

  7. 24 CFR 891.185 - Preemption of rent control laws.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... necessary and desirable to assist project owners to preserve the continued viability of each project... economic interest of the Federal Government in those projects. Therefore, the Department concludes that it...

  8. 24 CFR 891.185 - Preemption of rent control laws.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... necessary and desirable to assist project owners to preserve the continued viability of each project... economic interest of the Federal Government in those projects. Therefore, the Department concludes that it...

  9. 24 CFR 891.185 - Preemption of rent control laws.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... necessary and desirable to assist project owners to preserve the continued viability of each project... economic interest of the Federal Government in those projects. Therefore, the Department concludes that it...

  10. 24 CFR 891.185 - Preemption of rent control laws.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... necessary and desirable to assist project owners to preserve the continued viability of each project... economic interest of the Federal Government in those projects. Therefore, the Department concludes that it...

  11. 24 CFR 891.185 - Preemption of rent control laws.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... necessary and desirable to assist project owners to preserve the continued viability of each project... economic interest of the Federal Government in those projects. Therefore, the Department concludes that it...

  12. 37 CFR 205.3 - Waiver of rules.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... rules, e.g., state legal proceedings, does not represent a waiver of any claim of immunity, privilege... immunity, preemption, or lack of relevance. This rule does not create any right or benefit, substantive or...

  13. 37 CFR 205.3 - Waiver of rules.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... rules, e.g., state legal proceedings, does not represent a waiver of any claim of immunity, privilege... immunity, preemption, or lack of relevance. This rule does not create any right or benefit, substantive or...

  14. 37 CFR 205.3 - Waiver of rules.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... these rules, e.g., state legal proceedings, does not represent a waiver of any claim of immunity... immunity, preemption, or lack of relevance. This rule does not create any right or benefit, substantive or...

  15. 37 CFR 205.3 - Waiver of rules.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... rules, e.g., state legal proceedings, does not represent a waiver of any claim of immunity, privilege... immunity, preemption, or lack of relevance. This rule does not create any right or benefit, substantive or...

  16. 37 CFR 205.3 - Waiver of rules.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... rules, e.g., state legal proceedings, does not represent a waiver of any claim of immunity, privilege... immunity, preemption, or lack of relevance. This rule does not create any right or benefit, substantive or...

  17. 33 CFR 161.6 - Preemption.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... regulations in this part have preemptive impact over State laws or regulations on the same subject matter. The Coast Guard has determined, after considering the factors developed by the Supreme Court in U.S. v...

  18. 42 CFR 423.425 - Licensure does not substitute for or constitute certification.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Organization Compliance with State Law and Preemption by Federal Law § 423.425 Licensure does not substitute...

  19. Research gaps related to tobacco product marketing and sales in the Family Smoking Prevention and Tobacco Control Act.

    PubMed

    Ribisl, Kurt M

    2012-01-01

    This paper is part of a collection that identifies research priorities that will help guide the efforts of the U.S. Food and Drug Administration (FDA) as it regulates tobacco products. This paper examines the major provisions related to tobacco product advertising, marketing, sales, and distribution included in Public Law 111-31, the "Family Smoking Prevention and Tobacco Control Act". This paper covers 5 areas related to (a) marketing regulations (e.g., ban on color and imagery in ads, ban on nontobacco gifts with purchase); (b) granting FDA authority over the sale, distribution, accessibility, advertising, and promotion of tobacco and lifting state preemption over advertising; (c) remote tobacco sales (mail order and Internet); (d) prevention of illicit and cross-border trade; and (e) noncompliant export products. Each of the 5 sections of this paper provides a description and brief history of regulation, what is known about this regulatory strategy, and research opportunities.

  20. 50 CFR 600.610 - Factual findings for Federal preemption.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... consideration of relevant factors, including but not limited to, the catch (based on numbers, value, or weight... status (including migratory patterns and biological condition) of the stock or stocks of fish in the...

  1. 49 CFR 397.217 - Waiver processing.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Transportation Other Regulations Relating to Transportation (Continued) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.217 Waiver processing. (a) The...

  2. 7 CFR 1717.308 - RUS approval of nonconforming rates.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717.308 RUS approval of... of the RUS wholesale power contract and other RUS documents if RUS determines, in its sole discretion...

  3. 7 CFR 1717.308 - RUS approval of nonconforming rates.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717.308 RUS approval of... of the RUS wholesale power contract and other RUS documents if RUS determines, in its sole discretion...

  4. ERISA preemption. Colleton Regional Hospital v. MRS Medical Review Systems Inc.

    PubMed

    1997-01-01

    ERISA preempts state law claims brought by hospitals against medical utilization review firm including claims of tortious interference with contracts, defamation, unfair trade practices, bad faith refusal to pay claims and improper claims practices.

  5. 49 CFR 397.215 - Waiver notice.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Transportation Other Regulations Relating to Transportation (Continued) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.215 Waiver notice. (a) The applicant State...

  6. 49 CFR 397.221 - Timeliness.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Other Regulations Relating to Transportation (Continued) FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.221 Timeliness. If the Administrator fails to take...

  7. Silkwood vs. Kerr-McGee Corporation: unpredicted fallout

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Silvestrini, L.V.F.

    1985-01-01

    The Silkwood suit is extolled as important precedent because it arguably gives states and private citizens acting as jurors the right to establish de facto nuclear regulatory policy. The Court's rationale in allowing punitive damages based on state tort law principles to be awarded against a private nuclear developer for injuries caused by the release of hazardous radioactive material from its plant is inconsistent with that used in a case involving Pacific Gas and Electric the year before. The author reviews the doctrine of preemption, discusses the legal and factural setting of the Silkwood case, and concludes that the Courtmore » could have provided a test similar to that invoked in labor law disputes to determine the available exceptions to total federal preemption of nuclear safety. Without such a test, the results of future litigation over nuclear safety concerns are unpredictable.« less

  8. The Impact of Clean Indoor Air Exemptions and Preemption Policies on the Prevalence of a Tobacco-Specific Lung Carcinogen Among Nonsmoking Bar and Restaurant Workers

    PubMed Central

    Stark, Michael J.; Rohde, Kristen; Maher, Julie E.; Pizacani, Barbara A.; Dent, Clyde W.; Bard, Ronda; Carmella, Steven G.; Benoit, Adam R.; Thomson, Nicole M.; Hecht, Stephen S.

    2007-01-01

    Objectives. We studied the impact of clean indoor air law exemptions and preemption policies on the prevalence of a tobacco-specific lung carcinogen—4-(methylnitrosamino)-1-(3-pyridyl)-1-butanone (NNK)—among nonsmoking bar and restaurant workers. Methods.secondhand smoke were compared with results from participants who were exposed to it. Results. Participants exposed to workplace secondhand smoke were more likely to have any detectable level of NNAL (P=.005) and higher mean levels of NNAL (P < .001) compared with nonexposed participants. Increased levels of NNAL were also associated with hours of a single workplace exposure (P=.005). Conclusions. Nonsmoking employees left unprotected from workplace secondhand smoke exposure had elevated levels of a tobacco-specific carcinogen in their bodies. All workers—including bar and restaurant workers—should be protected from indoor workplace exposure to cancer-causing secondhand smoke. PMID:17600262

  9. 49 CFR 106.100 - Required information for a petition for rulemaking.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... language you propose for a new or amended rule, or the language you would delete from a current rule. (3... levels of government. (See 49 CFR part 107, subpart C, regarding preemption.) (3) The regulatory burden...

  10. 45 CFR 160.202 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS GENERAL ADMINISTRATIVE REQUIREMENTS Preemption of State Law § 160.202 Definitions. For purposes of this... State law to a standard, requirement, or implementation specification adopted under this subchapter...

  11. Technology in rural transportation. Simple solution #11, Emergency vehicle traffic signal pre-emption

    DOT National Transportation Integrated Search

    1997-01-01

    This application was identified as a promising rural Intelligent Transportation Systems (ITS) solution under a project sponsored by the Federal Highway Administration (FHWA) and the ENTERPRISE program. This summary describes the solution as well as o...

  12. 49 CFR 397.219 - Waiver determination and order.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.219 Waiver... requirement of the State, political subdivision thereof, or Indian tribe affords the public a level of safety...

  13. The Employee Polygraph Protection Act of 1988.

    ERIC Educational Resources Information Center

    Duffy, Patrick J.

    1989-01-01

    Aspects of the new Employee Polygraph Protection Act are discussed, including exemptions, prohibited devices, limitations, exceptions, injury and access requirements, reasonable suspicion, drug industry investigations, procedural requirements, disclosure, basis for discharge, enforcement and remedies, and preemption and existing state laws. (MSE)

  14. 40 CFR 1074.5 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... activity engaged in as a vocation. Construction equipment or vehicle means any internal combustion engine... vehicle means any internal combustion engine-powered machine primarily used in the commercial production... STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES...

  15. 40 CFR 1074.5 - Definitions.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... activity engaged in as a vocation. Construction equipment or vehicle means any internal combustion engine... vehicle means any internal combustion engine-powered machine primarily used in the commercial production... STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL PREEMPTION FOR NONROAD ENGINES AND NONROAD VEHICLES...

  16. 75 FR 60863 - Safety Advisory 2010-02

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-10-01

    ... equipped, railroads should ensure that the circuit plan shows the actual interconnection and the designed... detection device (or equivalent) is programmed or equipped to provide the appropriate designed pre-emption... circuit and as designed. By conducting comprehensive periodic joint inspections, the railroad and State...

  17. 45 CFR 160.201 - Applicability.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS GENERAL ADMINISTRATIVE REQUIREMENTS Preemption of State Law § 160.201 Applicability. The provisions of this subpart implement section 1178 of the Act, as added by section 262 of Public Law 104-191. ...

  18. 7 CFR 301.1-1 - Definitions.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 7 Agriculture 5 2011-01-01 2011-01-01 false Definitions. 301.1-1 Section 301.1-1 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE DOMESTIC QUARANTINE NOTICES Preemption and Special Need Requests § 301.1-1...

  19. 7 CFR 301.1-1 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 7 Agriculture 5 2010-01-01 2010-01-01 false Definitions. 301.1-1 Section 301.1-1 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE DOMESTIC QUARANTINE NOTICES Preemption and Special Need Requests § 301.1-1...

  20. 7 CFR 301.1-1 - Definitions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 7 Agriculture 5 2012-01-01 2012-01-01 false Definitions. 301.1-1 Section 301.1-1 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE DOMESTIC QUARANTINE NOTICES Preemption and Special Need Requests § 301.1-1...

  1. 7 CFR 301.1-1 - Definitions.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 7 Agriculture 5 2013-01-01 2013-01-01 false Definitions. 301.1-1 Section 301.1-1 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE DOMESTIC QUARANTINE NOTICES Preemption and Special Need Requests § 301.1-1...

  2. 7 CFR 301.1-1 - Definitions.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 7 Agriculture 5 2014-01-01 2014-01-01 false Definitions. 301.1-1 Section 301.1-1 Agriculture Regulations of the Department of Agriculture (Continued) ANIMAL AND PLANT HEALTH INSPECTION SERVICE, DEPARTMENT OF AGRICULTURE DOMESTIC QUARANTINE NOTICES Preemption and Special Need Requests § 301.1-1...

  3. Preemption and Retribution: Precision-Guided Munitions to Counter Terrorist Threats

    DTIC Science & Technology

    1998-04-01

    story are told. Terrorists have become skilled at cultivating 18 the " underdog " image and portraying their adversaries as ruthless aggressors...Frontiers, Israel’s War Against Terrorism, London: Arms and Armour Publications, 1990. Schmemann, Serge. " Netanyahu Defiantly Defending Botched

  4. 40 CFR 1074.101 - Procedures for California nonroad authorization requests.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 33 2014-07-01 2014-07-01 false Procedures for California nonroad... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California nonroad authorization requests. (a) California must request authorization from the Administrator...

  5. 40 CFR 1074.101 - Procedures for California nonroad authorization requests.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 33 2011-07-01 2011-07-01 false Procedures for California nonroad... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California nonroad authorization requests. (a) California must request authorization from the Administrator...

  6. 40 CFR 1074.101 - Procedures for California nonroad authorization requests.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 34 2013-07-01 2013-07-01 false Procedures for California nonroad... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California nonroad authorization requests. (a) California must request authorization from the Administrator...

  7. 40 CFR 1074.101 - Procedures for California nonroad authorization requests.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 34 2012-07-01 2012-07-01 false Procedures for California nonroad... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California nonroad authorization requests. (a) California must request authorization from the Administrator...

  8. 40 CFR 1074.101 - Procedures for California nonroad authorization requests.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Procedures for California nonroad... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California nonroad authorization requests. (a) California must request authorization from the Administrator...

  9. 29 CFR 2590.731 - Preemption; State flexibility; construction.

    Code of Federal Regulations, 2010 CFR

    2010-07-01

    ... continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage except to the extent that such standard or requirement prevents... establishes, implements, or continues in effect a standard or requirement applicable to imposition of a...

  10. 16 CFR 1061.10 - Information on affected parties.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Information on affected parties. 1061.10 Section 1061.10 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.10 Information on affected parties. An application for an exemption from...

  11. 75 FR 32177 - Energy Efficiency Program for Consumer Products: Commonwealth of Massachusetts Petition for...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-06-07

    ... DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Docket Number EERE-BT-PET-0024] Energy Efficiency Program for Consumer Products: Commonwealth of Massachusetts Petition for Exemption From Federal Preemption of Massachusetts' Energy Efficiency Standard for Residential Non...

  12. 49 CFR 397.201 - Purpose and scope of the procedures.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... CARRIER SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY REGULATIONS TRANSPORTATION OF HAZARDOUS MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.201 Purpose and... Administrator, who is the chief executive of the Federal Motor Carrier Safety Administration, an agency of the...

  13. 42 CFR 422.404 - State premium taxes prohibited.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ....404 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM MEDICARE ADVANTAGE PROGRAM Organization Compliance With State Law and Preemption by Federal Law § 422.404 State premium taxes prohibited. (a) Basic rule. No premium tax, fee, or...

  14. 45 CFR 160.205 - Duration of effectiveness of exception determinations.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... determinations. 160.205 Section 160.205 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS GENERAL ADMINISTRATIVE REQUIREMENTS Preemption of State Law... remains in effect until: (a) Either the State law or the federal standard, requirement, or implementation...

  15. Genetic algorithm-based stochastic optimization for preempted signals at highway railroad grade crossing.

    DOT National Transportation Integrated Search

    2013-09-01

    Decreasing the number of accidents at highway-railway grade crossings (HRGCs) is an important goal in the transportation field. The preemption of traffic signal operations at HRGCs is widely used to prevent accidents by clearing vehicles off the trac...

  16. 16 CFR 1061.4 - Threshold requirements for applications for exemption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Threshold requirements for applications for... APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.4 Threshold requirements for applications for exemption. (a... requirement meets the threshold requirements of paragraph (a) of this section. ...

  17. 45 CFR 148.220 - Excepted benefits.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.220 Excepted benefits. The requirements of this part do not apply to individual health insurance coverage in relation to its... part do not apply to individual health insurance coverage described in paragraphs (b)(1) through (b)(6...

  18. 12 CFR 213.9 - Relation to state laws.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... greater protection and benefit to the consumer. A state, through an official having primary enforcement or interpretative responsibilities for the state consumer leasing law, may apply to the Board for a preemption... Banks and Banking FEDERAL RESERVE SYSTEM BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM CONSUMER...

  19. 45 CFR 160.204 - Process for requesting exception determinations.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    .... 160.204 Section 160.204 Public Welfare DEPARTMENT OF HEALTH AND HUMAN SERVICES ADMINISTRATIVE DATA STANDARDS AND RELATED REQUIREMENTS GENERAL ADMINISTRATIVE REQUIREMENTS Preemption of State Law § 160.204 Process for requesting exception determinations. (a) A request to except a provision of State law from...

  20. 21 CFR 808.73 - Minnesota.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 21 Food and Drugs 8 2014-04-01 2014-04-01 false Minnesota. 808.73 Section 808.73 Food and Drugs... and Local Exemptions § 808.73 Minnesota. The following Minnesota medical device requirements are... from preemption under section 521(b) of the act: Minnesota Statutes, sections 145.43 and 145.44. [45 FR...

  1. 21 CFR 808.73 - Minnesota.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 21 Food and Drugs 8 2010-04-01 2010-04-01 false Minnesota. 808.73 Section 808.73 Food and Drugs... and Local Exemptions § 808.73 Minnesota. The following Minnesota medical device requirements are... from preemption under section 521(b) of the act: Minnesota Statutes, sections 145.43 and 145.44. [45 FR...

  2. 21 CFR 808.73 - Minnesota.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 21 Food and Drugs 8 2013-04-01 2013-04-01 false Minnesota. 808.73 Section 808.73 Food and Drugs... and Local Exemptions § 808.73 Minnesota. The following Minnesota medical device requirements are... from preemption under section 521(b) of the act: Minnesota Statutes, sections 145.43 and 145.44. [45 FR...

  3. 21 CFR 808.73 - Minnesota.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 21 Food and Drugs 8 2012-04-01 2012-04-01 false Minnesota. 808.73 Section 808.73 Food and Drugs... and Local Exemptions § 808.73 Minnesota. The following Minnesota medical device requirements are... from preemption under section 521(b) of the act: Minnesota Statutes, sections 145.43 and 145.44. [45 FR...

  4. 21 CFR 808.73 - Minnesota.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 21 Food and Drugs 8 2011-04-01 2011-04-01 false Minnesota. 808.73 Section 808.73 Food and Drugs... and Local Exemptions § 808.73 Minnesota. The following Minnesota medical device requirements are... from preemption under section 521(b) of the act: Minnesota Statutes, sections 145.43 and 145.44. [45 FR...

  5. 16 CFR 1061.8 - Information on the heightened degree of protection afforded.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... protection afforded. 1061.8 Section 1061.8 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.8 Information on the heightened degree of protection afforded... State or local requirement provides a significantly higher degree of protection from the risk of injury...

  6. 10 CFR 430.45 - Hearing.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 10 Energy 3 2013-01-01 2013-01-01 false Hearing. 430.45 Section 430.45 Energy DEPARTMENT OF ENERGY... Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation § 430.45 Hearing. The Secretary may hold a public hearing, and publish notice in the Federal Register of the date and location of...

  7. 10 CFR 430.45 - Hearing.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 10 Energy 3 2011-01-01 2011-01-01 false Hearing. 430.45 Section 430.45 Energy DEPARTMENT OF ENERGY... Regulation From Preemption; Petitions To Withdraw Exemption of State Regulation § 430.45 Hearing. The Secretary may hold a public hearing, and publish notice in the Federal Register of the date and location of...

  8. A bill to terminate the preemption of State and local laws that prohibit or regulate gaming or the operation of bucket shops, and for other purposes.

    THOMAS, 111th Congress

    Sen. Cantwell, Maria [D-WA

    2009-11-10

    Senate - 11/10/2009 Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (All Actions) Tracker: This bill has the status IntroducedHere are the steps for Status of Legislation:

  9. 16 CFR 1061.1 - Scope and purpose.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.1 Scope and purpose. (a) This part applies to the submission and consideration of applications by...), section 16 of the Flammable Fabrics Act (FFA) (15 U.S.C. 1203), and section 7 of the Poison Prevention...

  10. 47 CFR 90.1407 - Spectrum use in the network.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... exclusion and/or immediate preemption of any commercial use on a dynamic, real-time priority basis, and to... network. (a) Spectrum use. The Shared Wireless Broadband Network will operate using spectrum associated... Block licensee and the Operating Company for the entire remaining term of the Public Safety Broadband...

  11. 12 CFR 7.4002 - National bank charges.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ...) Considerations. (1) All charges and fees should be arrived at by each bank on a competitive basis and not on the... of the competitive position of the bank in accordance with the bank's business plan and marketing... this section. (d) State law. The OCC applies preemption principles derived from the United States...

  12. 76 FR 21742 - Wireless Telecommunications Bureau Extends Period for Filing Comments and Reply Comments on...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-04-18

    ... FEDERAL COMMUNICATIONS COMMISSION [WT Docket No. 11-35; DA 11-613] Wireless Telecommunications... Clarify the Scope of Preemption of Wireless Entry Regulation AGENCY: Federal Communications Commission. ACTION: Notice; extension of filing and reply comment period. SUMMARY: In this document, the Wireless...

  13. 78 FR 14403 - Alabama Metal Coil Securement Act; Petition for Determination of Preemption

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-03-05

    ... benefit; (2) are incompatible with Federal regulations; or (3) would cause an unreasonable burden on interstate commerce. FMCSA has determined that there is insufficient support for the claimed safety benefits... safety benefits and do not place an unreasonable burden on interstate commerce. Applicable Law Section...

  14. 12 CFR 591.2 - Definitions.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY PREEMPTION OF STATE DUE-ON-SALE LAWS... includes transfers of real property subject to a real property loan by assumptions, installment land sales... credit as provided in § 202.2(f) of this title. (b) Due-on-sale clause means a contract provision which...

  15. 12 CFR 591.2 - Definitions.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY PREEMPTION OF STATE DUE-ON-SALE LAWS... includes transfers of real property subject to a real property loan by assumptions, installment land sales... credit as provided in § 202.2(f) of this title. (b) Due-on-sale clause means a contract provision which...

  16. 12 CFR 191.2 - Definitions.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... Banking COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY PREEMPTION OF STATE DUE-ON-SALE LAWS § 191... transfers of real property subject to a real property loan by assumptions, installment land sales contracts... provided in § 202.2(f) of this title. (b) Due-on-sale clause means a contract provision which authorizes...

  17. 40 CFR 1074.110 - Adoption of California standards by other states.

    Code of Federal Regulations, 2013 CFR

    2013-07-01

    ... 40 Protection of Environment 34 2013-07-01 2013-07-01 false Adoption of California standards by... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California standards by other states. (a) Except as described in paragraph (b) of this section, any state...

  18. 40 CFR 1074.110 - Adoption of California standards by other states.

    Code of Federal Regulations, 2012 CFR

    2012-07-01

    ... 40 Protection of Environment 34 2012-07-01 2012-07-01 false Adoption of California standards by... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California standards by other states. (a) Except as described in paragraph (b) of this section, any state...

  19. 40 CFR 1074.110 - Adoption of California standards by other states.

    Code of Federal Regulations, 2011 CFR

    2011-07-01

    ... 40 Protection of Environment 33 2011-07-01 2011-07-01 false Adoption of California standards by... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California standards by other states. (a) Except as described in paragraph (b) of this section, any state...

  20. 40 CFR 1074.110 - Adoption of California standards by other states.

    Code of Federal Regulations, 2014 CFR

    2014-07-01

    ... 40 Protection of Environment 33 2014-07-01 2014-07-01 false Adoption of California standards by... (CONTINUED) AIR POLLUTION CONTROLS PREEMPTION OF STATE STANDARDS AND PROCEDURES FOR WAIVER OF FEDERAL... California standards by other states. (a) Except as described in paragraph (b) of this section, any state...

  1. 42 CFR 422.400 - State licensure requirement.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... (CONTINUED) MEDICARE PROGRAM (CONTINUED) MEDICARE ADVANTAGE PROGRAM Organization Compliance With State Law and Preemption by Federal Law § 422.400 State licensure requirement. Except in the case of a PSO granted a waiver under subpart H of this part, each MA organization must— (a) Be licensed under State law...

  2. 42 CFR 422.378 - Relationship to State law.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 42 Public Health 3 2011-10-01 2011-10-01 false Relationship to State law. 422.378 Section 422.378 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the...

  3. 45 CFR 148.220 - Excepted benefits.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 45 Public Welfare 1 2012-10-01 2012-10-01 false Excepted benefits. 148.220 Section 148.220 Public... FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.220 Excepted benefits... provision of the benefits described in paragraphs (a) and (b) of this section (or any combination of the...

  4. 45 CFR 148.220 - Excepted benefits.

    Code of Federal Regulations, 2013 CFR

    2013-10-01

    ... 45 Public Welfare 1 2013-10-01 2013-10-01 false Excepted benefits. 148.220 Section 148.220 Public... FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.220 Excepted benefits... provision of the benefits described in paragraphs (a) and (b) of this section (or any combination of the...

  5. 45 CFR 148.220 - Excepted benefits.

    Code of Federal Regulations, 2011 CFR

    2011-10-01

    ... 45 Public Welfare 1 2011-10-01 2011-10-01 false Excepted benefits. 148.220 Section 148.220 Public... FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.220 Excepted benefits... provision of the benefits described in paragraphs (a) and (b) of this section (or any combination of the...

  6. 45 CFR 148.220 - Excepted benefits.

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... 45 Public Welfare 1 2014-10-01 2014-10-01 false Excepted benefits. 148.220 Section 148.220 Public... FOR THE INDIVIDUAL HEALTH INSURANCE MARKET Preemption; Excepted Benefits § 148.220 Excepted benefits... in relation to its provision of the benefits described in paragraphs (a) and (b) of this section (or...

  7. 7 CFR 1717.303 - Requirements of RUS documents.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717.303 Requirements of RUS documents. (a) Pursuant to the terms of the RUS documents each power supply borrower shall... wholesale power contract, the Board of Directors or Board of Trustees of the power supply borrower shall...

  8. 7 CFR 1717.303 - Requirements of RUS documents.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717.303 Requirements of RUS documents. (a) Pursuant to the terms of the RUS documents each power supply borrower shall... wholesale power contract, the Board of Directors or Board of Trustees of the power supply borrower shall...

  9. 7 CFR 352.2 - Purpose; relation to other regulations; applicability; preemption of State and local laws.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant... prevent the introduction or dissemination of a biological control organism, plant pest, or noxious weed...) The provisions in this part apply whether the controls over arrival, temporary stay, unloading...

  10. 42 CFR 423.401 - General requirements for PDP sponsors.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... with State Law and Preemption by Federal Law § 423.401 General requirements for PDP sponsors. (a... sponsor is organized and licensed under State law as a risk bearing entity eligible to offer health... otherwise licensed, the sponsor obtains certification from the State that the organization meets a level of...

  11. 12 CFR 560.110 - Most favored lender usury preemption.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... Section 560.110 Banks and Banking OFFICE OF THRIFT SUPERVISION, DEPARTMENT OF THE TREASURY LENDING AND INVESTMENT Lending and Investment Provisions Applicable to all Savings Associations § 560.110 Most favored... lending institution by the law of that state. If state law permits different interest charges on specified...

  12. 76 FR 44496 - Hazardous Materials Transportation: Revisions of Special Permits Procedures; Response to Appeals...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-07-26

    ...), the National Aeronautics and Space Administration (NASA), and the Department of Defense (DOD), and... in Executive Order 13132 (``Federalism''). This final rule would preempt state, local and Indian..., contains an express preemption provision (49 U.S.C. 5125(b)) preempting state, local and Indian tribe...

  13. 42 CFR 423.410 - Waiver of certain requirements to expand choice.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Organization Compliance with State Law and Preemption by Federal Law § 423.410 Waiver of certain requirements... than those required by Federal Law. The application by a State of any grounds other than those required...

  14. 16 CFR 1061.4 - Threshold requirements for applications for exemption.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 16 Commercial Practices 2 2011-01-01 2011-01-01 false Threshold requirements for applications for exemption. 1061.4 Section 1061.4 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.4 Threshold requirements for applications for exemption. (a) The Commission will consider an...

  15. 16 CFR 1061.4 - Threshold requirements for applications for exemption.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... 16 Commercial Practices 2 2014-01-01 2014-01-01 false Threshold requirements for applications for exemption. 1061.4 Section 1061.4 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.4 Threshold requirements for applications for exemption. (a) The Commission will consider an...

  16. 16 CFR 1061.4 - Threshold requirements for applications for exemption.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... 16 Commercial Practices 2 2012-01-01 2012-01-01 false Threshold requirements for applications for exemption. 1061.4 Section 1061.4 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.4 Threshold requirements for applications for exemption. (a) The Commission will consider an...

  17. A Unified Picture of Pinatubo Aerosol Global-to Micro-Scale Evolution, From Space, Air, and Ground Measurements

    NASA Technical Reports Server (NTRS)

    Russell, Philip B.; Livingston, J. M.; Pueschel, R. F.; Pollack, J. B.; Brooks, S.; Hamill, P.; Hughes, J.; Thomason, L.; Stowe, L.; Deshler, T.; hide

    1995-01-01

    We combine a variety of measurements to develop a composite picture of the post-Pinatubo aerosol and assess the consistency and uncertainties of the measurement and retrieval techniques. Satellite infrared spectroscopy, particle morphology, and evaporation temperature measurements are in accord with theoretical calculations in showing a dominant particle composition of H2SO4-H2O mixture, with H2SO4 weight fraction of 65-80% for most stratospheric temperatures and humidities. Important exceptions are: (1) the presence of volcanic ash at all altitudes initially and in a layer just above the tropopause until at least March 1992, and (2) much smaller H2SO4 weight fractions at the low temperatures attained in high latitude winters and at the tropical tropopause, Laboratory spectroscopy and theoretical calculations yield wavelength- and temperature-dependent refractive indices for the dominant H2SO4-H2O droplets. These in turn permit derivation of particle size spectra from measured optical depth spectra, for comparison to direct measurements by impactors and optical counters. All three techniques paint a generally consistent picture of the evolution of R(sub eff), the effective, or area-weighted, particle radius. In the first month after the eruption, although particle numbers increased by orders of magnitude, R(sub eff) was similar to the preemption value of 0.1 to 0.2 microns, because both small (r less than 0.2 microns) and large (r greater than 0.6 micron particles increased in number. Over the next 3-6 months, R(sub eff) increased to about 0.5 microns reflecting particle growth through condensation and coagulation. In general, R(sub eff) continued to increase for about a year after the eruption. Extinction spectra computed from in situ size distribution measurements are consistent with optical depth measurements, which show spectra with maxima initially at wavelengths of 0.42 microns or less, and thereafter progressively increasing to between 0.78 and 1 micron. Not until 1993 do optical depth spectra begin to show a clear return to the preemption signature of maximizing at the shortest visible wavelengths or in the near UV. This coupled evolution in particle size distribution and optical depth spectra helps explain the relationship between the global maps of 0.5- 1.0- micron optical depth derived from the AVHRR and SAGE satellite measurements.

  18. 49 CFR 397.225 - Judicial review.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Judicial review. 397.225 Section 397.225... MATERIALS; DRIVING AND PARKING RULES Preemption Procedures § 397.225 Judicial review. A party to a proceeding under § 397.205(a), § 397.213(a), or § 397.223(a) may seek review by the appropriate district...

  19. 21 CFR 808.87 - Oregon.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 21 Food and Drugs 8 2013-04-01 2013-04-01 false Oregon. 808.87 Section 808.87 Food and Drugs FOOD... and Local Exemptions § 808.87 Oregon. (a) The following Oregon medical device requriements are... them from preemption under section 521(b) of the act: Oregon Revised Statutes, section 694.036 on the...

  20. 21 CFR 808.87 - Oregon.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 21 Food and Drugs 8 2010-04-01 2010-04-01 false Oregon. 808.87 Section 808.87 Food and Drugs FOOD... and Local Exemptions § 808.87 Oregon. (a) The following Oregon medical device requriements are... them from preemption under section 521(b) of the act: Oregon Revised Statutes, section 694.036 on the...

  1. 21 CFR 808.87 - Oregon.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 21 Food and Drugs 8 2014-04-01 2014-04-01 false Oregon. 808.87 Section 808.87 Food and Drugs FOOD... and Local Exemptions § 808.87 Oregon. (a) The following Oregon medical device requriements are... them from preemption under section 521(b) of the act: Oregon Revised Statutes, section 694.036 on the...

  2. 21 CFR 808.87 - Oregon.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 21 Food and Drugs 8 2012-04-01 2012-04-01 false Oregon. 808.87 Section 808.87 Food and Drugs FOOD... and Local Exemptions § 808.87 Oregon. (a) The following Oregon medical device requriements are... them from preemption under section 521(b) of the act: Oregon Revised Statutes, section 694.036 on the...

  3. 21 CFR 808.87 - Oregon.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 21 Food and Drugs 8 2011-04-01 2011-04-01 false Oregon. 808.87 Section 808.87 Food and Drugs FOOD... and Local Exemptions § 808.87 Oregon. (a) The following Oregon medical device requriements are... them from preemption under section 521(b) of the act: Oregon Revised Statutes, section 694.036 on the...

  4. Perspective-Free Pragmatics: Broken Precedents and the Recovery-from-Preemption Hypothesis

    ERIC Educational Resources Information Center

    Kronmuller, Edmundo; Barr, Dale J.

    2007-01-01

    When speakers refer to the same referent multiple times in a conversation, they tend to follow established patterns of usage, known as "conversational precedents." Research has found that listeners expect speakers to follow precedents, and that this expectation guides their search for referents (Barr, D. J., & Keysar, B. (2002). "Anchoring…

  5. 21 CFR 808.81 - New Mexico.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 21 Food and Drugs 8 2010-04-01 2010-04-01 false New Mexico. 808.81 Section 808.81 Food and Drugs... and Local Exemptions § 808.81 New Mexico. The following New Mexico medical device requirement is... from preemption under section 521(b) of the act: New Mexico Statutes Annotated, section 67-36-16(F...

  6. Coordinated pre-preemption of traffic signals to enhance railroad grade crossing safety in urban areas and estimation of train impacts to arterial travel time delay : [technical summary].

    DOT National Transportation Integrated Search

    2014-01-01

    Rail lines present two major challenges to the : roadways they intersect: potential for collisions : and increased congestion. In addition, congestion : can contribute collision hazards when drivers are : impatient or vehicles are prevented from clea...

  7. 10 CFR 431.408 - Preemption of State regulations for covered equipment other than electric motors and commercial...

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... conservation standard, or water conservation standard (in the case of commercial prerinse spray valves or... other than electric motors and commercial heating, ventilating, air-conditioning and water heating products. 431.408 Section 431.408 Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY EFFICIENCY PROGRAM...

  8. 45 CFR 146.145 - Special rules relating to group health plans.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... HEALTH CARE ACCESS REQUIREMENTS FOR THE GROUP HEALTH INSURANCE MARKET Preemption and Special Rules § 146... group health insurance coverage) for any plan year, if on the first day of the plan year, the plan has...— (A) Medicare supplemental health insurance (as defined under section 1882(g)(1) of the Social...

  9. 42 CFR 422.378 - Relationship to State law.

    Code of Federal Regulations, 2012 CFR

    2012-10-01

    ... 42 Public Health 3 2012-10-01 2012-10-01 false Relationship to State law. 422.378 Section 422.378....378 Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to... it were licensed under State law; (ii) Generally apply to other MA organizations and plans in the...

  10. 77 FR 53199 - California State Motor Vehicle Pollution Control Standards; Advanced Clean Car Program; Request...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-08-31

    ... Standards; Advanced Clean Car Program; Request for Waiver of Preemption; Opportunity for Public Hearing and... developed an Advanced Clean Car program (ACC) which combines the control of smog and soot causing pollutants... cars, light-duty trucks and medium-duty passenger vehicles (and limited requirements related to heavy...

  11. 12 CFR 7.4000 - Visitorial powers.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Visitorial powers. 7.4000 Section 7.4000 Banks... Preemption § 7.4000 Visitorial powers. (a) General rule. (1) Only the OCC or an authorized representative of the OCC may exercise visitorial powers with respect to national banks, except as provided in paragraph...

  12. 14 CFR 399.111 - All operations of federally authorized carriers to be regulated by the Board.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... SECRETARY, DEPARTMENT OF TRANSPORTATION (AVIATION PROCEEDINGS) POLICY STATEMENTS STATEMENTS OF GENERAL POLICY Policies Relating to Federal Preemption of State Economic Regulations § 399.111 All operations of... carriers are subject to the requirements of Title IV of the Act, including certification and tariff-filing...

  13. An Alien's Constitutional Right to Loan, Scholarship and Tuition Benefits at State Supported Colleges and Universities.

    ERIC Educational Resources Information Center

    Maxwell, Janette Fenn

    1979-01-01

    Ways in which various statutes discriminate against nonimmigrant alien students are discussed, with the constitutional doctrines of equal protection, due process, and federal preemption considered. California's tuition statute is analyzed. Available from Calif Western Law R, 350 Cedar St, San Diego, CA 92101, $1.50. (MSE)

  14. 12 CFR 7.4000 - Visitorial powers.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... 12 Banks and Banking 1 2011-01-01 2011-01-01 false Visitorial powers. 7.4000 Section 7.4000 Banks... Preemption § 7.4000 Visitorial powers. (a) General rule. (1) Only the OCC or an authorized representative of the OCC may exercise visitorial powers with respect to national banks, except as provided in paragraph...

  15. Coordinated pre-preemption of traffic signals to enhance railroad grade crossing safety in urban areas and estimation of train impacts to arterial travel time delay.

    DOT National Transportation Integrated Search

    2014-01-01

    This research project investigated the potential for using advanced features of traffic signal system software platforms : (ATMS.now), prevalent in Florida, to alleviate safety and mobility problems at highway-railroad at-grade crossings and : adjace...

  16. 78 FR 44112 - California State Motor Vehicle Pollution Control Standards; Urban Buses; Request for Waiver of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-07-23

    ... Board (CARB) its request for a waiver of preemption for emission standards and related test procedures... standards and test procedures for heavy-duty urban bus engines and vehicles. The 2000 rulemaking included... to emission standards and test procedures resulting from these five sets of amendments were codified...

  17. 78 FR 719 - California State Motor Vehicle Pollution Control Standards; Urban Buses; Request for Waiver of...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2013-01-04

    .... Collectively, the five rulemakings elevated the stringency of exhaust emission standards and test procedures... Act for the emission standards and related test procedures contained in its urban bus regulations, as... Standards; Urban Buses; Request for Waiver of Preemption; Opportunity for Public Hearing and Comment AGENCY...

  18. 10 CFR 431.408 - Preemption of State regulations for covered equipment other than electric motors and commercial...

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... products. 431.408 Section 431.408 Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY EFFICIENCY PROGRAM...-conditioning and water heating products. This section concerns State regulations providing for any energy conservation standard, or water conservation standard (in the case of commercial prerinse spray valves or...

  19. 10 CFR 431.408 - Preemption of State regulations for covered equipment other than electric motors and commercial...

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... products. 431.408 Section 431.408 Energy DEPARTMENT OF ENERGY ENERGY CONSERVATION ENERGY EFFICIENCY PROGRAM...-conditioning and water heating products. This section concerns State regulations providing for any energy conservation standard, or water conservation standard (in the case of commercial prerinse spray valves or...

  20. 76 FR 34082 - Agency Information Collection Activities; Proposed Collection; Comment Request; State Petitions...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-06-10

    ...) enables FDA to determine whether the State food labeling or standard of identity requirement satisfies the... DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2011-N-0402... Exemption From Preemption AGENCY: Food and Drug Administration, HHS. ACTION: Notice. SUMMARY: The Food and...

  1. 21 CFR 808.81 - New Mexico.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... 21 Food and Drugs 8 2012-04-01 2012-04-01 false New Mexico. 808.81 Section 808.81 Food and Drugs... and Local Exemptions § 808.81 New Mexico. The following New Mexico medical device requirement is... from preemption under section 521(b) of the act: New Mexico Statutes Annotated, section 67-36-16(F...

  2. 21 CFR 808.81 - New Mexico.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... 21 Food and Drugs 8 2013-04-01 2013-04-01 false New Mexico. 808.81 Section 808.81 Food and Drugs... and Local Exemptions § 808.81 New Mexico. The following New Mexico medical device requirement is... from preemption under section 521(b) of the act: New Mexico Statutes Annotated, section 67-36-16(F...

  3. 21 CFR 808.81 - New Mexico.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... 21 Food and Drugs 8 2014-04-01 2014-04-01 false New Mexico. 808.81 Section 808.81 Food and Drugs... and Local Exemptions § 808.81 New Mexico. The following New Mexico medical device requirement is... from preemption under section 521(b) of the act: New Mexico Statutes Annotated, section 67-36-16(F...

  4. 21 CFR 808.81 - New Mexico.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... 21 Food and Drugs 8 2011-04-01 2011-04-01 false New Mexico. 808.81 Section 808.81 Food and Drugs... and Local Exemptions § 808.81 New Mexico. The following New Mexico medical device requirement is... from preemption under section 521(b) of the act: New Mexico Statutes Annotated, section 67-36-16(F...

  5. 21 CFR 100.1 - Petitions requesting exemption from preemption for State or local requirements.

    Code of Federal Regulations, 2012 CFR

    2012-04-01

    ... of the petition shall be submitted, or the petitioner may submit an original and a computer readable... of State Requirement Provide a copy of the State requirement that is the subject of the application. Where available, the application should also include copies of any legislative history or background...

  6. 21 CFR 100.1 - Petitions requesting exemption from preemption for State or local requirements.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... of the petition shall be submitted, or the petitioner may submit an original and a computer readable... of State Requirement Provide a copy of the State requirement that is the subject of the application. Where available, the application should also include copies of any legislative history or background...

  7. 21 CFR 100.1 - Petitions requesting exemption from preemption for State or local requirements.

    Code of Federal Regulations, 2014 CFR

    2014-04-01

    ... of the petition shall be submitted, or the petitioner may submit an original and a computer readable... of State Requirement Provide a copy of the State requirement that is the subject of the application. Where available, the application should also include copies of any legislative history or background...

  8. 21 CFR 100.1 - Petitions requesting exemption from preemption for State or local requirements.

    Code of Federal Regulations, 2013 CFR

    2013-04-01

    ... of the petition shall be submitted, or the petitioner may submit an original and a computer readable... of State Requirement Provide a copy of the State requirement that is the subject of the application. Where available, the application should also include copies of any legislative history or background...

  9. 7 CFR 1717.302 - Definitions and rules of construction.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... ELECTRIC LOANS Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717.302... otherwise stated in the text, “borrower” shall mean power supply borrower. Loan contract means the agreement... loans made or guaranteed pursuant to the RE Act. Power supply borrower means any borrower engaged in the...

  10. 7 CFR 1717.304 - State regulatory authority rate jurisdiction.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... GUARANTEED ELECTRIC LOANS Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717... terms of the RUS wholesale power contract or other RUS documents may be subject to the approval of a state regulatory authority, the power supply borrower shall seek such required approval in a timely...

  11. 7 CFR 1717.302 - Definitions and rules of construction.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... ELECTRIC LOANS Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717.302... otherwise stated in the text, “borrower” shall mean power supply borrower. Loan contract means the agreement... loans made or guaranteed pursuant to the RE Act. Power supply borrower means any borrower engaged in the...

  12. 7 CFR 1717.304 - State regulatory authority rate jurisdiction.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... GUARANTEED ELECTRIC LOANS Federal Pre-emption in Rate Making in Connection With Power Supply Borrowers § 1717... terms of the RUS wholesale power contract or other RUS documents may be subject to the approval of a state regulatory authority, the power supply borrower shall seek such required approval in a timely...

  13. 75 FR 4818 - Notice of Public Information Collection Being Reviewed by the Federal Communications Commission...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-01-29

    ... and Budget (OMB), via fax at (202) 395-5167, or via the Internet at [email protected] and.... Total Annual Cost: None. Privacy Act Impact Assessment: No impact(s). Nature and Extent of... things, the Second Order adopts a children's programming preemption policy. This policy requires all...

  14. 21 CFR 808.61 - Hawaii.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... 21 Food and Drugs 8 2010-04-01 2010-04-01 false Hawaii. 808.61 Section 808.61 Food and Drugs FOOD... and Local Exemptions § 808.61 Hawaii. (a) The following Hawaii medical device requirements are... from preemption under section 521(b) of the act: Hawaii Revised Statutes, chapter 451A, § 14.1...

  15. 7 CFR 352.2 - Purpose; relation to other regulations; applicability; preemption of State and local laws.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... local laws. (a) Importations of plants, plant products, plant pests, noxious weeds, soil, and other products and articles that may be infested or infected by or contain plant pests or noxious weeds are... article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant...

  16. 7 CFR 352.2 - Purpose; relation to other regulations; applicability; preemption of State and local laws.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... local laws. (a) Importations of plants, plant products, plant pests, noxious weeds, soil, and other products and articles that may be infested or infected by or contain plant pests or noxious weeds are... article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant...

  17. 7 CFR 352.2 - Purpose; relation to other regulations; applicability; preemption of State and local laws.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... local laws. (a) Importations of plants, plant products, plant pests, noxious weeds, soil, and other products and articles that may be infested or infected by or contain plant pests or noxious weeds are... article, means of conveyance, plant, biological control organism, plant pest, noxious weed, or plant...

  18. Boosting the Potency of Resistance: Combining the Motivational Forces of Inoculation and Psychological Reactance

    ERIC Educational Resources Information Center

    Miller, Claude H.; Ivanov, Bobi; Sims, Jeanetta; Compton, Josh; Harrison, Kylie J.; Parker, Kimberly A.; Parker, James L.; Averbeck, Joshua M.

    2013-01-01

    The efficacy of inoculation theory has been confirmed by decades of empirical research, yet optimizing its effectiveness remains a vibrant line of investigation. The present research turns to psychological reactance theory for a means of enhancing the core mechanisms of inoculation--threat and refutational preemption. Findings from a multisite…

  19. 76 FR 81 - Adoption of Recommendation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-01-03

    ... that may result in the preemption of State law. FOR FURTHER INFORMATION CONTACT: Emily F. Schleicher... Conference of the United States was established by the Administrative Conference Act, 5 U.S.C. 591-596. The... United States (5 U.S.C. 594(1)). At its Fifty-third Plenary Session, held December 9 and 10, 2010, the...

  20. 42 CFR 423.415 - Temporary waivers for entities seeking to offer a prescription drug plan in more than one State...

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Organization Compliance with State Law and Preemption by Federal Law § 423.415 Temporary waivers for entities seeking to offer a prescription drug plan in more...

  1. 42 CFR 423.440 - Prohibition of State imposition of premium taxes; relation to State laws.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ...; relation to State laws. 423.440 Section 423.440 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED) MEDICARE PROGRAM VOLUNTARY MEDICARE PRESCRIPTION DRUG BENEFIT Organization Compliance with State Law and Preemption by Federal Law § 423.440 Prohibition of...

  2. 12 CFR 591.3 - Loans originated by Federal savings associations.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 5 2010-01-01 2010-01-01 false Loans originated by Federal savings... PREEMPTION OF STATE DUE-ON-SALE LAWS § 591.3 Loans originated by Federal savings associations. (a) With regard to any real property loan originated or to be originated by a Federal savings association, as a...

  3. 12 CFR 560.110 - Most favored lender usury preemption.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... charged by a state-licensed small loan company, without being so licensed, but subject to state law limitations on the size of loans made by small loan companies. Except as provided in this paragraph, the... classes of loans, a federal savings association making such loans is subject only to the provisions of...

  4. 12 CFR 560.110 - Most favored lender usury preemption.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... charged by a state-licensed small loan company, without being so licensed, but subject to state law limitations on the size of loans made by small loan companies. Except as provided in this paragraph, the... classes of loans, a federal savings association making such loans is subject only to the provisions of...

  5. 12 CFR 560.110 - Most favored lender usury preemption.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... charged by a state-licensed small loan company, without being so licensed, but subject to state law limitations on the size of loans made by small loan companies. Except as provided in this paragraph, the... classes of loans, a federal savings association making such loans is subject only to the provisions of...

  6. 12 CFR 560.110 - Most favored lender usury preemption.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... charged by a state-licensed small loan company, without being so licensed, but subject to state law limitations on the size of loans made by small loan companies. Except as provided in this paragraph, the... classes of loans, a federal savings association making such loans is subject only to the provisions of...

  7. Preemption and the obesity epidemic: state and local menu labeling laws and the nutrition labeling and education act.

    PubMed

    Rutkow, Lainie; Vernick, Jon S; Hodge, James G; Teret, Stephen P

    2008-01-01

    Obesity is widely recognized as a preventable cause of death and disease. Reducing obesity among adults and children has become a national health goal in the United States. As one approach to the obesity epidemic, public health practitioners and others have asserted the need to provide consumers with information about the foods they eat. Some state and local governments across the United States have introduced menu labeling bills and regulations that require restaurants to post information, such as calorie content, for foods offered on their menus or menu boards. A major dilemma is whether state and local menu labeling laws are preempted by the federal Nutrition Labeling and Education Act (NLEA). While few courts have addressed this issue, ongoing litigation in New York City provides an early glimpse of judicial interpretation in this area. This article explores these preemption issues, arguing that appropriately written and implemented menu labeling laws should not be preempted by the NLEA. We offer guidance for states and localities that wish to develop and implement menu labeling laws.

  8. Enhancing the Simulation Speed of Sensor Network Applications by Asynchronization of Interrupt Service Routines

    PubMed Central

    Joe, Hyunwoo; Woo, Duk-Kyun; Kim, Hyungshin

    2013-01-01

    Sensor network simulations require high fidelity and timing accuracy to be used as an implementation and evaluation tool. The cycle-accurate and instruction-level simulator is the known solution for these purposes. However, this type of simulation incurs a high computation cost since it has to model not only the instruction level behavior but also the synchronization between multiple sensors for their causality. This paper presents a novel technique that exploits asynchronous simulations of interrupt service routines (ISR). We can avoid the synchronization overheads when the interrupt service routines are simulated without preemption. If the causality errors occur, we devise a rollback procedure to restore the original synchronized simulation. This concept can be extended to any instruction-level sensor network simulator. Evaluation results show our method can enhance the simulation speed up to 52% in the case of our experiments. For applications with longer interrupt service routines and smaller number of preemptions, the speedup becomes greater. In addition, our simulator is 2 to 11 times faster than the well-known sensor network simulator. PMID:23966200

  9. Berkeley lab checkpoint/restart (BLCR) for Linux clusters

    DOE PAGES

    Hargrove, Paul H.; Duell, Jason C.

    2006-09-01

    This article describes the motivation, design and implementation of Berkeley Lab Checkpoint/Restart (BLCR), a system-level checkpoint/restart implementation for Linux clusters that targets the space of typical High Performance Computing applications, including MPI. Application-level solutions, including both checkpointing and fault-tolerant algorithms, are recognized as more time and space efficient than system-level checkpoints, which cannot make use of any application-specific knowledge. However, system-level checkpointing allows for preemption, making it suitable for responding to fault precursors (for instance, elevated error rates from ECC memory or network CRCs, or elevated temperature from sensors). Preemption can also increase the efficiency of batch scheduling; for instancemore » reducing idle cycles (by allowing for shutdown without any queue draining period or reallocation of resources to eliminate idle nodes when better fitting jobs are queued), and reducing the average queued time (by limiting large jobs to running during off-peak hours, without the need to limit the length of such jobs). Each of these potential uses makes BLCR a valuable tool for efficient resource management in Linux clusters. © 2006 IOP Publishing Ltd.« less

  10. 24 CFR 246.8 - Materials to be submitted to HUD in support of preemption request.

    Code of Federal Regulations, 2010 CFR

    2010-04-01

    ... Commissioner, audited by an independent public accountant and covering the most recently ended accounting year... by the following: (i) Tax rates or appraisals, (ii) Utility rates, (iii) Contracts for employees or... experienced by the project which have been approved and can be documented as follows: (i) Tax rates or...

  11. 24 CFR 246.8 - Materials to be submitted to HUD in support of preemption request.

    Code of Federal Regulations, 2011 CFR

    2011-04-01

    ... separate breakdown of rent loss due to tenant turnover for the past 2 years. (6) A certified statement... by the following: (i) Tax rates or appraisals, (ii) Utility rates, (iii) Contracts for employees or... appraisals, (ii) Utility rates, (iii) Contracts for employees or services, (iv) Insurance. If there are none...

  12. 12 CFR Appendix F to Part 229 - Official Board Interpretations; Preemption Determinations

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... banking day after deposit. Although the language “deposited in a bank” is unclear, arguably it is broader than the language “made in person to an employee of the depositary bank”, which conditions the next-day... state or the same check processing region. Thus, generally, the Regulation CC rule for availability of...

  13. 12 CFR Appendix F to Part 229 - Official Board Interpretations; Preemption Determinations

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... banking day after deposit. Although the language “deposited in a bank” is unclear, arguably it is broader than the language “made in person to an employee of the depositary bank”, which conditions the next-day... state or the same check processing region. Thus, generally, the Regulation CC rule for availability of...

  14. 12 CFR Appendix F to Part 229 - Official Board Interpretations; Preemption Determinations

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... banking day after deposit. Although the language “deposited in a bank” is unclear, arguably it is broader than the language “made in person to an employee of the depositary bank”, which conditions the next-day... state or the same check processing region. Thus, generally, the Regulation CC rule for availability of...

  15. 12 CFR Appendix F to Part 229 - Official Board Interpretations; Preemption Determinations

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... of the banking day after deposit. Although the language “deposited in a bank” is unclear, arguably it is broader than the language “made in person to an employee of the depositary bank”, which conditions... state or the same check processing region. Thus, generally, the Regulation CC rule for availability of...

  16. 12 CFR Appendix F to Part 229 - Official Board Interpretations; Preemption Determinations

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... of the banking day after deposit. Although the language “deposited in a bank” is unclear, arguably it is broader than the language “made in person to an employee of the depositary bank”, which conditions... state or the same check processing region. Thus, generally, the Regulation CC rule for availability of...

  17. 42 CFR 422.378 - Relationship to State law.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Relationship to State law. 422.378 Section 422.378... Relationship to State law. (a) Preemption of State law. Any provisions of State law that relate to the... licensed under State law; (ii) Generally apply to other MA organizations and plans in the State; and (iii...

  18. 12 CFR 591.5 - Limitation on exercise of due-on-sale clauses.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... associations and other lenders shall be governed exclusively by the Office's regulations, in preemption of and...) A transfer where the spouse or child(ren) becomes an owner of the property; or (C) A transfer... borrowers made by other lenders after the effective date of this regulation. (5) Nothing in paragraph (b)(1...

  19. 12 CFR 191.5 - Limitation on exercise of due-on-sale clauses.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... associations and other lenders shall be governed exclusively by the OCC's regulations, in preemption of and...) A transfer where the spouse or child(ren) becomes an owner of the property; or (C) A transfer... borrowers made by other lenders after the effective date of this regulation. (5) Nothing in paragraph (b)(1...

  20. 12 CFR 591.5 - Limitation on exercise of due-on-sale clauses.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... associations and other lenders shall be governed exclusively by the Office's regulations, in preemption of and...) A transfer where the spouse or child(ren) becomes an owner of the property; or (C) A transfer... borrowers made by other lenders after the effective date of this regulation. (5) Nothing in paragraph (b)(1...

  1. 12 CFR 191.5 - Limitation on exercise of due-on-sale clauses.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... associations and other lenders shall be governed exclusively by the OCC's regulations, in preemption of and...) A transfer where the spouse or child(ren) becomes an owner of the property; or (C) A transfer... borrowers made by other lenders after the effective date of this regulation. (5) Nothing in paragraph (b)(1...

  2. 12 CFR 191.5 - Limitation on exercise of due-on-sale clauses.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... associations and other lenders shall be governed exclusively by the OCC's regulations, in preemption of and...) A transfer where the spouse or child(ren) becomes an owner of the property; or (C) A transfer... borrowers made by other lenders after the effective date of this regulation. (5) Nothing in paragraph (b)(1...

  3. 12 CFR 591.5 - Limitation on exercise of due-on-sale clauses.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... associations and other lenders shall be governed exclusively by the Office's regulations, in preemption of and...) A transfer where the spouse or child(ren) becomes an owner of the property; or (C) A transfer... borrowers made by other lenders after the effective date of this regulation. (5) Nothing in paragraph (b)(1...

  4. 12 CFR 591.5 - Limitation on exercise of due-on-sale clauses.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... associations and other lenders shall be governed exclusively by the Office's regulations, in preemption of and...) A transfer where the spouse or child(ren) becomes an owner of the property; or (C) A transfer... borrowers made by other lenders after the effective date of this regulation. (5) Nothing in paragraph (b)(1...

  5. 77 FR 73459 - California State Motor Vehicle Pollution Control Standards; Notice of Waiver of Clean Air Act...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2012-12-10

    ... Standards; Notice of Waiver of Clean Air Act Preemption; California's 2010 Model Year Heavy-Duty Vehicle and... its amendments to California's heavy-duty vehicle and engine on-board diagnostic (HD OBD) requirements... California's requirements in order to produce heavy-duty vehicles and engines for sale in California. For...

  6. 75 FR 11878 - California State Motor Vehicle Pollution Control Standards; Amendments to the California Zero...

    Federal Register 2010, 2011, 2012, 2013, 2014

    2010-03-12

    ... waiver of preemption for these future model years. This notice announces that EPA has tentatively... letter dated September 17, 2009, CARB requested that EPA confirm that its amendments as they affect model... that EPA confirm that amendments as they affect the 2012 and subsequent model years are also within-the...

  7. 12 CFR 160.110 - Most favored lender usury preemption for all savings associations.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... charged by a state-licensed small loan company, without being so licensed, but subject to state law limitations on the size of loans made by small loan companies. State supervisors determine the degree to which... classes of loans, a Federal savings association making such loans is subject only to the provisions of...

  8. 12 CFR 160.110 - Most favored lender usury preemption for all savings associations.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... charged by a state-licensed small loan company, without being so licensed, but subject to state law limitations on the size of loans made by small loan companies. State supervisors determine the degree to which... classes of loans, a Federal savings association making such loans is subject only to the provisions of...

  9. 12 CFR 160.110 - Most favored lender usury preemption for all savings associations.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... charged by a state-licensed small loan company, without being so licensed, but subject to state law limitations on the size of loans made by small loan companies. State supervisors determine the degree to which... classes of loans, a Federal savings association making such loans is subject only to the provisions of...

  10. 16 CFR § 1061.4 - Threshold requirements for applications for exemption.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... 16 Commercial Practices 2 2013-01-01 2013-01-01 false Threshold requirements for applications for exemption. § 1061.4 Section § 1061.4 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION GENERAL APPLICATIONS FOR EXEMPTION FROM PREEMPTION § 1061.4 Threshold requirements for applications for exemption. (a) The Commission will consider an...

  11. Pre-Emption and Precedent: The Significance of Iraq (1981) and Syria (2007) for an Israeli Response to an Iranian Nuclear Threat

    DTIC Science & Technology

    2011-06-10

    x CHAPTER 1 INTRODUCTION ...79 1 CHAPTER 1 INTRODUCTION Background You don‘t want a messianic apocalyptic cult controlling atomic...Elli_Louka_Nuclear_Weapons_Proliferation.pdf (accessed 15 April 2011). 8 This study consists of five chapters. Chapter 1, ― Introduction ‖ announces the topic and describes its

  12. Japan's New Technology Transfer System and the Pre-Emption of University Discoveries by Sponsored Research and Co-Inventorship

    ERIC Educational Resources Information Center

    Kneller, Robert

    2007-01-01

    Following the incorporation of Japanese national universities in April 2004, the ownership of university inventions is now similar to that in the USA. However, in contrast to the USA, joint research projects involving close collaboration with company researchers who are frequently named as co-inventors are common. A large proportion of university…

  13. 12 CFR 7.4005 - Combination of loan production office, deposit production office, and remote service unit.

    Code of Federal Regulations, 2010 CFR

    2010-01-01

    ... 12 Banks and Banking 1 2010-01-01 2010-01-01 false Combination of loan production office, deposit production office, and remote service unit. 7.4005 Section 7.4005 Banks and Banking COMPTROLLER OF THE CURRENCY, DEPARTMENT OF THE TREASURY BANK ACTIVITIES AND OPERATIONS Preemption § 7.4005 Combination of loan production office, deposit production...

  14. Queueing models for token and slotted ring networks. Thesis

    NASA Technical Reports Server (NTRS)

    Peden, Jeffery H.

    1990-01-01

    Currently the end-to-end delay characteristics of very high speed local area networks are not well understood. The transmission speed of computer networks is increasing, and local area networks especially are finding increasing use in real time systems. Ring networks operation is generally well understood for both token rings and slotted rings. There is, however, a severe lack of queueing models for high layer operation. There are several factors which contribute to the processing delay of a packet, as opposed to the transmission delay, e.g., packet priority, its length, the user load, the processor load, the use of priority preemption, the use of preemption at packet reception, the number of processors, the number of protocol processing layers, the speed of each processor, and queue length limitations. Currently existing medium access queueing models are extended by adding modeling techniques which will handle exhaustive limited service both with and without priority traffic, and modeling capabilities are extended into the upper layers of the OSI model. Some of the model are parameterized solution methods, since it is shown that certain models do not exist as parameterized solutions, but rather as solution methods.

  15. 12 CFR 545.92 - Branch offices.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... United States and its territories unless the location would violate: (1) Section 5(r) of the HOLA (12 U.S.C. 1464(r)); (2) Section 10(e)(3) of the HOLA (12 U.S.C. 1467a(e)(3)); or (3) Section 13(k)(4) of the FDIA (12 U.S.C. 1823(k)(4)). (c) Preemption. This exercise of OTS authority is preemptive of any...

  16. 12 CFR 545.92 - Branch offices.

    Code of Federal Regulations, 2011 CFR

    2011-01-01

    ... United States and its territories unless the location would violate: (1) Section 5(r) of the HOLA (12 U.S.C. 1464(r)); (2) Section 10(e)(3) of the HOLA (12 U.S.C. 1467a(e)(3)); or (3) Section 13(k)(4) of the FDIA (12 U.S.C. 1823(k)(4)). (c) Preemption. This exercise of OTS authority is preemptive of any...

  17. 12 CFR 145.92 - Branch offices.

    Code of Federal Regulations, 2012 CFR

    2012-01-01

    ... United States and its territories unless the location would violate: (1) Section 5(r) of the HOLA (12 U.S.C. 1464(r)); (2) Section 10(e)(3) of the HOLA (12 U.S.C. 1467a(e)(3)); or (3) Section 13(k)(4) of the FDIA (12 U.S.C. 1823(k)(4)). (c) Preemption. This exercise of the OCC's authority is preemptive of...

  18. 12 CFR 145.92 - Branch offices.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... United States and its territories unless the location would violate: (1) Section 5(r) of the HOLA (12 U.S.C. 1464(r)); (2) Section 10(e)(3) of the HOLA (12 U.S.C. 1467a(e)(3)); or (3) Section 13(k)(4) of the FDIA (12 U.S.C. 1823(k)(4)). (c) Preemption. This exercise of the OCC's authority is preemptive of...

  19. 12 CFR 145.92 - Branch offices.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... United States and its territories unless the location would violate: (1) Section 5(r) of the HOLA (12 U.S.C. 1464(r)); (2) Section 10(e)(3) of the HOLA (12 U.S.C. 1467a(e)(3)); or (3) Section 13(k)(4) of the FDIA (12 U.S.C. 1823(k)(4)). (c) Preemption. This exercise of the OCC's authority is preemptive of...

  20. 12 CFR 545.92 - Branch offices.

    Code of Federal Regulations, 2014 CFR

    2014-01-01

    ... United States and its territories unless the location would violate: (1) Section 5(r) of the HOLA (12 U.S.C. 1464(r)); (2) Section 10(e)(3) of the HOLA (12 U.S.C. 1467a(e)(3)); or (3) Section 13(k)(4) of the FDIA (12 U.S.C. 1823(k)(4)). (c) Preemption. This exercise of OTS authority is preemptive of any...

  1. 12 CFR 545.92 - Branch offices.

    Code of Federal Regulations, 2013 CFR

    2013-01-01

    ... United States and its territories unless the location would violate: (1) Section 5(r) of the HOLA (12 U.S.C. 1464(r)); (2) Section 10(e)(3) of the HOLA (12 U.S.C. 1467a(e)(3)); or (3) Section 13(k)(4) of the FDIA (12 U.S.C. 1823(k)(4)). (c) Preemption. This exercise of OTS authority is preemptive of any...

  2. An Alternative for Emergency Preemption of Traffic Lights

    NASA Technical Reports Server (NTRS)

    Foster, Conrad; Bachelder, Aaron

    2006-01-01

    An electronic communication-and-control system has been developed as a prototype of advanced means of automatically modifying the switching of traffic lights to give priority to emergency vehicles. This system could be used alternatively or in addition to other emergency traffic-light-preemption systems, including a variety of systems now in use as well as two proposed systems described in "Systems Would Preempt Traffic Lights for Emergency Vehicles" (NPO-30573), NASA Tech Briefs, Vol. 28, No. 10 (October 2004), page 36. Unlike those prior systems that depend on detection of sounds and/or lights emitted by emergency vehicles, this system is not subject to severe range limitations. This system can be retrofitted into any pre-existing traffic-light-control system, without need to modify that system other than to make a minimal number of wire connections between the two systems. This system comprises several subsystems, including a transponder and interface circuitry on each emergency vehicle, a monitoring and control unit at each intersection equipped with traffic lights, and a wide-area two-way radio communication network that connects the emergency vehicles and intersection units. Computers in the various intersections and vehicle units run special-purpose software that implements the traffic- light-preemption scheme. The operations of the intersection and vehicle units are synchronized by use of Global Positioning System (GPS) timing signals. The transponder in each vehicle estimates its own position and velocity by use of GPS signals, deductive ("dead") reckoning, data from the onboard diagnostic (OBD) computer of the vehicle, and/or triangulation of beacon signals. When the operator of an emergency vehicle turns on its flashing lights and sirens in response to a request for an emergency response, the transponder unit goes into action, reading the OBD data to determine speed and acceleration, and reading and gathering further navigational data as described above. The position, velocity, and acceleration data are combined with vehicle-identification data in a prescribed format, and the resulting set of data is transmitted to the intersections within communication range of the transponder.

  3. 47 CFR 25.287 - Requirements pertaining to operation of mobile stations in the NVNG, 1.5/1.6 GHz, 1.6/2.4 GHz...

    Code of Federal Regulations, 2014 CFR

    2014-10-01

    ... capabilities to ensure compliance with Footnote 5.353A in 47 CFR 2.106 and the priority and real-time... capabilities to ensure compliance with Footnotes 5.353A and the priority and real-time preemption requirements... respect to FSS stations operating with other systems. (1) LES transmissions to MESs must have a priority...

  4. Political factors affecting the enactment of state-level clean indoor air laws.

    PubMed

    Tung, Gregory Jackson; Vernick, Jon S; Stuart, Elizabeth A; Webster, Daniel W

    2014-06-01

    We examined the effects of key political institutional factors on the advancement of state-level clean indoor air laws. We performed an observational study of state-level clean indoor air law enactment among all 50 US states from 1993 to 2010 by using extended Cox hazard models to assess risk of enacting a relevant law. During the 18-year period from 1993 to 2010, 28 states passed a law covering workplaces, 33 states passed a law covering restaurants, 29 states passed a law covering bars, and 16 states passed a law covering gaming facilities. States with term limits had a 2.15 times greater hazard (95% confidence interval [CI] = 1.27, 3.65; P = .005) of enacting clean indoor air laws. The presence of state-level preemption of local clean indoor air laws was associated with a 3.26 times greater hazard (95% CI = 1.11, 9.53; P = .031) of state-level policy enactment. In the presence of preemption, increased legislative professionalism was strongly associated (hazard ratio = 3.28; 95% CI = 1.10, 9.75; P = .033) with clean indoor air law enactment. Political institutional factors do influence state-level clean indoor air law enactment and may be relevant to other public health policy areas.

  5. Truthful Channel Sharing for Self Coexistence of Overlapping Medical Body Area Networks

    PubMed Central

    Dutkiewicz, Eryk; Zheng, Guanglou

    2016-01-01

    As defined by IEEE 802.15.6 standard, channel sharing is a potential method to coordinate inter-network interference among Medical Body Area Networks (MBANs) that are close to one another. However, channel sharing opens up new vulnerabilities as selfish MBANs may manipulate their online channel requests to gain unfair advantage over others. In this paper, we address this issue by proposing a truthful online channel sharing algorithm and a companion protocol that allocates channel efficiently and truthfully by punishing MBANs for misreporting their channel request parameters such as time, duration and bid for the channel. We first present an online channel sharing scheme for unit-length channel requests and prove that it is truthful. We then generalize our model to settings with variable-length channel requests, where we propose a critical value based channel pricing and preemption scheme. A bid adjustment procedure prevents unbeneficial preemption by artificially raising the ongoing winner’s bid controlled by a penalty factor λ. Our scheme can efficiently detect selfish behaviors by monitoring a trust parameter α of each MBAN and punish MBANs from cheating by suspending their requests. Our extensive simulation results show our scheme can achieve a total profit that is more than 85% of the offline optimum method in the typical MBAN settings. PMID:26844888

  6. Public Health Law and Institutional Vaccine Skepticism.

    PubMed

    Parasidis, Efthimios

    2016-12-01

    Vaccine-hesitant parents are often portrayed as misinformed dilettantes clinging to unscientific Internet chatter and a debunked study that linked the MMR vaccine and autism. While this depiction may be an accurate portrayal of a small (but vocal) subset, scholars have unearthed a more complex picture that casts vaccine hesitancy in the context of broader notions of lack of trust in government and industry. At the same time, commentators have highlighted limitations of the vaccine injury compensation program and US Supreme Court Justices Sonia Sotomayor and Ruth Bader Ginsburg have argued that preemption laws that provide vaccine manufacturers with broad legal immunities create "a regulatory vacuum in which no one ensures that vaccine manufacturers adequately take account of scientific and technological advancements when designing or distributing their products." In short, the discussions surrounding vaccine hesitancy that dominate public discourse detract from serious debate as to whether amendments to vaccine-related laws can address the limitations of the existing framework governing immunizations. This commentary examines these issues through a public health law lens. Copyright © 2016 by Duke University Press.

  7. From Bilski back to Benson: preemption, inventing around, and the case of genetic diagnostics.

    PubMed

    Dreyfuss, Rochelle; Evans, James P

    2011-06-01

    The long-anticipated decision in Bilski v. Kappos was supposed to end uncertainty regarding the patentability of process claims (or, at the least, business method claims). Instead, the opinion featured a series of anomalies: The Court emphasized strict construction of the Patent Act, but acknowledged three judge-made exceptions to patentability. It disapproved State Street, the Federal Circuit case that had upheld business method patents, but could muster only four votes for the proposition that business methods are in fact unpatentable. But even though the Court upheld business method patents, it invalidated all of Bilski's hedging claims. And while the Justices agreed on one thing - a patent that "preempts" something (a mathematical formula, an approach, a commonly used idea, a wide swath of technological developments, the public's access) is bad - they failed to operationalize the concept. That problem had plagued the law prior to State Street; in the interest of preventing the same set of problems from recurring, this Article uses recent empirical studies on gene patents to tease out indicia ("clues") to supplement the machine-or-transformation test for determining when a claim is preemptive and therefore invalid. Chief among these clues is the inability to invent around claims that cover broad prospects.

  8. Navigating the Decision Space: Shared Medical Decision Making as Distributed Cognition.

    PubMed

    Lippa, Katherine D; Feufel, Markus A; Robinson, F Eric; Shalin, Valerie L

    2017-06-01

    Despite increasing prominence, little is known about the cognitive processes underlying shared decision making. To investigate these processes, we conceptualize shared decision making as a form of distributed cognition. We introduce a Decision Space Model to identify physical and social influences on decision making. Using field observations and interviews, we demonstrate that patients and physicians in both acute and chronic care consider these influences when identifying the need for a decision, searching for decision parameters, making actionable decisions Based on the distribution of access to information and actions, we then identify four related patterns: physician dominated; physician-defined, patient-made; patient-defined, physician-made; and patient-dominated decisions. Results suggests that (a) decision making is necessarily distributed between physicians and patients, (b) differential access to information and action over time requires participants to transform a distributed task into a shared decision, and (c) adverse outcomes may result from failures to integrate physician and patient reasoning. Our analysis unifies disparate findings in the medical decision-making literature and has implications for improving care and medical training.

  9. The Use of EMS Personnel as Intelligence Sensors: Critical Issues and Recommended Practices

    DTIC Science & Technology

    2007-09-01

    caustic chemical with intent to injure, child abuse or endangerment , abuse of spouse, lewd acts with a child , and elder abuse.) The content of the...technicians and paramedics must report child abuse and dependent elder abuse.46 However, within the performance of their pre-hospital duties, this... child abuse, or public health surveillance, investigation or intervention.48 This preemption test creates a floor or minimum standard for protection

  10. The Bush Doctrine: Power Concepts, Preemption and the Global War on Terror

    DTIC Science & Technology

    2004-03-19

    17013 Report Documentation Page Form ApprovedOMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour...including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports , 1215 Jefferson...subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE

  11. Cogeneration deferral rate and preemption under PURPA: a legal note

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Spiewak, S.

    The Public Utility Regulatory Policies Act (PURPA) is designed to benefit the ratepayer by using utility facilities as efficiently as possible. It does not ask states to encourage cogeneration or small power projects at the expense of utility efficiency. A legal analysis of the wording of PURPA shows that a deferral rate designed to retain customers who would otherwise turn to cogeneration or independent power supplies is legally consistent with PURPA's intent.

  12. Homogenous stands of a wetland grass living in heavy metal polluted wetlands harbor diverse consortia of arbuscular mycorrhizal fungi.

    PubMed

    Ban, Yihui; Jiang, Yinghe; Li, Meng; Zhang, Xiangling; Zhang, Shiyang; Wu, Yang; Xu, Zhouying

    2017-08-01

    Over the last three decades, the presence of arbuscular mycorrhizal (AM) fungi in wetland habitats had received increased attention, however, their distribution and functions have not been studied intensively. Using Illumina sequencing technology, we examined the AM fungal communities in roots of Phragmites australis living in 3 heavy metals (HMs) polluted wetlands located in Hubei Province, China. A total of 258 operational taxonomic units (OTUs) from 235,213 sequences affiliated with 6 Glomeromycota families (Glomeraceae, Paraglomeraceae, Claroideoglomeraceae, Ambisporaceae, Archaeosporaceae, and Diversisporaceae) were obtained, with Glomeraceae and Paraglomeraceae being the most and second-most dominant family, respectively. P. australis living in the HMs polluted wetlands harbored diverse AM fungi, including many non-recorded species in upland habitats, and the OTU number which we obtained in this study was higher than most of the records of upland habitats. Dry and waterlogged samples had common OTUs, however, AM fungal communities at different levels in dry and corresponding waterlogged P. australis roots were significant different. In addition, results from this study suggested that a preemption (geometric model) species abundance distributions (SAD), which might due to the distinctive features, e.g. heavy overdominance and difference in the most dominant taxon of each sample, was observed across AM fugal taxa in P. australis roots of the 3 HMs polluted wetlands. Copyright © 2017 Elsevier Ltd. All rights reserved.

  13. Modeling and Preliminary Simulation Studies for Packet-Based Precedence and Preemption for FCS Communications

    DTIC Science & Technology

    2006-09-27

    Information Sciences Department, JHU/Applied Physics Laboratory, 12000 Johns Hopkins Road., Laurel, Maryland. 22104 ( PHB ) to meet the QoS requirements of...applications, e.g., (Keshav, 1997). However, to date, no work ex- ists to design and investigate PHB algorithms which simultaneously deliver QoS to...techniques to handle P&P requirements and rely upon standard, well studied QoS PHB , e.g., Weighted Round Robin, Class-Based Fair Queuing, etc., for han

  14. Underlying Technologies for Military Logistics Prediction and Preemption Capability

    DTIC Science & Technology

    2009-02-01

    house and a collection of facts is not necessarily science. ” - Henri Poincare 2.1 Overview The data, information, and knowledge that are...1024 bits, so about half of the label on the jar would have been taken up by the bar codes to explain all of this. As chapters 4 and 5 will explain...should be obtainable with reasonable design. This is not as dangerous as the gamma rays produced from other radioactive materials. Half -life of

  15. Preemption games: theory and experiment

    USGS Publications Warehouse

    Anderson, Steven T.; Friedman, Daniel; Oprea, Ryan

    2010-01-01

    El Mutún, perhaps the world's largest remaining iron ore deposit, was opened to private investors in the 1980s but, due to the high cost of developing the remote Bolivian site, there were no takers for two decades. In late 2005, spurred by rising commodity prices, the Brazilian company EBX finally seized the opportunity, preempting rivals based in China and India. Numerous similar examples can be found in the annals of mining and oil companies (Raymond F. Mikesell et al. 1971).

  16. How Do Children Restrict Their Linguistic Generalizations? An (Un-)Grammaticality Judgment Study

    PubMed Central

    Ambridge, Ben

    2013-01-01

    A paradox at the heart of language acquisition research is that, to achieve adult-like competence, children must acquire the ability to generalize verbs into non-attested structures, while avoiding utterances that are deemed ungrammatical by native speakers. For example, children must learn that, to denote the reversal of an action, un- can be added to many verbs, but not all (e.g., roll/unroll; close/*unclose). This study compared theoretical accounts of how this is done. Children aged 5–6 (N = 18), 9–10 (N = 18), and adults (N = 18) rated the acceptability of un- prefixed forms of 48 verbs (and, as a control, bare forms). Across verbs, a negative correlation was observed between the acceptability of ungrammatical un- prefixed forms (e.g., *unclose) and the frequency of (a) the bare form and (b) alternative forms (e.g., open), supporting the entrenchment and pre-emption hypotheses, respectively. Independent ratings of the extent to which verbs instantiate the semantic properties characteristic of a hypothesized semantic cryptotype for un- prefixation were a significant positive predictor of acceptability, for all age groups. The relative importance of each factor differed for attested and unattested un- forms and also varied with age. The findings are interpreted in the context of a new hybrid account designed to incorporate the three factors of entrenchment, pre-emption, and verb semantics. PMID:23252958

  17. Restaurant volatility and the Iowa City, Iowa, smoke-free restaurant ordinance.

    PubMed

    Sheffer, Megan A; Squier, Christopher A; Gilmore, Gary D

    2013-01-01

    To determine the economic impact of the Iowa City, Iowa, smoke-free restaurant ordinance (IC-SFRO) using an immediate and novel approach. In this retrospective study, food permit licensure served as the measure to assess the IC-SFRO impact. The Iowa City experience provided an excellent experimental setting, as the ordinance was enacted March 1, 2002, and repealed May 7, 2003, because of preemption. The city of Coralville served as a natural control, as it is contiguous to Iowa City, has similar population demographics, and has never enacted a smoke-free restaurant ordinance. Food permit licensure data for all Iowa City and Coralville restaurants were obtained from the Johnson County Health Department. Differences in restaurant volatility were assessed using Fisher's exact probability test. The number of restaurants increased in both Iowa City and Coralville throughout the ordinance period. The ratio of the total number of restaurants in Iowa City to the total number of restaurants in the Iowa City-Coralville metropolitan area remained stable. The proportion of restaurants for each city did not differ significantly during the preordinance, ordinance, and postordinance periods. The IC-SFRO did not adversely impact the restaurant industry in terms of restaurant closures. The Iowa legislature was urged to draft evidence-based legislation, such as amending preemption of the IC-SFRO, to protect and promote the health of its communities.

  18. NASA Tech Briefs, September 2006

    NASA Technical Reports Server (NTRS)

    2006-01-01

    Topics covered include: Improving Thermomechanical Properties of SiC/SiC Composites; Aerogel/Particle Composites for Thermoelectric Devices; Patches for Repairing Ceramics and Ceramic- Matrix Composites; Lower-Conductivity Ceramic Materials for Thermal-Barrier Coatings; An Alternative for Emergency Preemption of Traffic Lights; Vehicle Transponder for Preemption of Traffic Lights; Automated Announcements of Approaching Emergency Vehicles; Intersection Monitor for Traffic-Light-Preemption System; Full-Duplex Digital Communication on a Single Laser Beam; Stabilizing Microwave Frequency of a Photonic Oscillator; Microwave Oscillators Based on Nonlinear WGM Resonators; Pointing Reference Scheme for Free-Space Optical Communications Systems; High-Level Performance Modeling of SAR Systems; Spectral Analysis Tool 6.2 for Windows; Multi-Platform Avionics Simulator; Silicon-Based Optical Modulator with Ferroelectric Layer; Multiplexing Transducers Based on Tunnel-Diode Oscillators; Scheduling with Automated Resolution of Conflicts; Symbolic Constraint Maintenance Grid; Discerning Trends in Performance Across Multiple Events; Magnetic Field Solver; Computing for Aiming a Spaceborne Bistatic- Radar Transmitter; 4-Vinyl-1,3-Dioxolane-2-One as an Additive for Li-Ion Cells; Probabilistic Prediction of Lifetimes of Ceramic Parts; STRANAL-PMC Version 2.0; Micromechanics and Piezo Enhancements of HyperSizer; Single-Phase Rare-Earth Oxide/Aluminum Oxide Glasses; Tilt/Tip/Piston Manipulator with Base-Mounted Actuators; Measurement of Model Noise in a Hard-Wall Wind Tunnel; Loci-STREAM Version 0.9; The Synergistic Engineering Environment; Reconfigurable Software for Controlling Formation Flying; More About the Tetrahedral Unstructured Software System; Computing Flows Using Chimera and Unstructured Grids; Avoiding Obstructions in Aiming a High-Gain Antenna; Analyzing Aeroelastic Stability of a Tilt-Rotor Aircraft; Tracking Positions and Attitudes of Mars Rovers; Stochastic Evolutionary Algorithms for Planning Robot Paths; Compressible Flow Toolbox; Rapid Aeroelastic Analysis of Blade Flutter in Turbomachines; General Flow-Solver Code for Turbomachinery Applications; Code for Multiblock CFD and Heat-Transfer Computations; Rotating-Pump Design Code; Covering a Crucible with Metal Containing Channels; Repairing Fractured Bones by Use of Bioabsorbable Composites; Kalman Filter for Calibrating a Telescope Focal Plane; Electronic Absolute Cartesian Autocollimator; Fiber-Optic Gratings for Lidar Measurements of Water Vapor; Simulating Responses of Gravitational-Wave Instrumentation; SOFTC: A Software Correlator for VLBI; Progress in Computational Simulation of Earthquakes; Database of Properties of Meteors; Computing Spacecraft Solar-Cell Damage by Charged Particles; Thermal Model of a Current-Carrying Wire in a Vacuum; Program for Analyzing Flows in a Complex Network; Program Predicts Performance of Optical Parametric Oscillators; Processing TES Level-1B Data; Automated Camera Calibration; Tracking the Martian CO2 Polar Ice Caps in Infrared Images; Processing TES Level-2 Data; SmaggIce Version 1.8; Solving the Swath Segment Selection Problem; The Spatial Standard Observer; Less-Complex Method of Classifying MPSK; Improvement in Recursive Hierarchical Segmentation of Data; Using Heaps in Recursive Hierarchical Segmentation of Data; Tool for Statistical Analysis and Display of Landing Sites; Automated Assignment of Proposals to Reviewers; Array-Pattern-Match Compiler for Opportunistic Data Analysis; Pre-Processor for Compression of Multispectral Image Data; Compressing Image Data While Limiting the Effects of Data Losses; Flight Operations Analysis Tool; Improvement in Visual Target Tracking for a Mobile Robot; Software for Simulating Air Traffic; Automated Vectorization of Decision-Based Algorithms; Grayscale Optical Correlator Workbench; "One-Stop Shopping" for Ocean Remote-Sensing and Model Data; State Analysis Database Tool; Generating CAHV and CAHVOmages with Shadows in ROAMS; Improving UDP/IP Transmission Without Increasing Congestion; FORTRAN Versions of Reformulated HFGMC Codes; Program for Editing Spacecraft Command Sequences; Flight-Tested Prototype of BEAM Software; Mission Scenario Development Workbench; Marsviewer; Tool for Analysis and Reduction of Scientific Data; ASPEN Version 3.0; Secure Display of Space-Exploration Images; Digital Front End for Wide-Band VLBI Science Receiver; Multifunctional Tanks for Spacecraft; Lightweight, Segmented, Mostly Silicon Telescope Mirror; Assistant for Analyzing Tropical-Rain-Mapping Radar Data; and Anion-Intercalating Cathodes for High-Energy- Density Cells.

  19. Local health care initiatives--ERISA preemption of State Health Care Reform-Health Insurance-Fair Share Act. Golden Gate Restaurant Association v. City and County of San Francisco, 512 F.3d 1112 (9th Cir. 2008).

    PubMed

    2009-01-01

    A state or local ordinance is not preempted by ERISA if it does not bind plan administrators to structure plans in a certain way or mandate that they provide specific benefits to employees. A local law could be preempted if it contains specific provisions relating to ERISA, or the operation of the law itself depends upon ERISA.

  20. Rebalancing the Use of Force: Military Action and U.S. Foreign Policy Beyond 2014

    DTIC Science & Technology

    2012-04-27

    Master of Military Studies Research Paper 3. DATES COVERED (From - To) September 2011 – April 2012 4. TITLE AND SUBTITLE Rebalancing the Use of Force...this effort possible. Every time I left his office with a new book or insight that was crucial in my research . I would also like to recognize my...September 11, 2001. In the post -9/11 world, America’s foreign policy focused on prevention and preemption, primarily through the use of military force

  1. "Screen and intervene": governing risky brains.

    PubMed

    Rose, Nikolas

    2010-01-01

    This article argues that a new diagram is emerging in the criminal justice system as it encounters developments in the neurosciences. This does not take the form that concerns many "neuroethicists" -- it does not entail a challenge to doctrines of free will and the notion of the autonomous legal subject -- but is developing around the themes of susceptibility, risk, pre-emption and precaution. I term this diagram "screen and intervene" and in this article I attempt to trace out this new configuration and consider some of the consequences.

  2. What Are the Legal and Policy Implications of Conducting Preemption and Interdiction Against a Weapons of Mass Destruction?

    DTIC Science & Technology

    2002-01-01

    Manhattan project , gaseous diffusion plant, or even a weapons program. It will be used heavily in chapters 4 and 5. Both The Making of the Atomic Bomb...requirement for secrecy surrounding the Manhattan project and the lingering requirement for secrecy regarding nuclear weapons design. The application to the...another MANHATTAN Project ” to produce a nuclear device (McPhee 1973, 123-4, 136). Scientists who worked on the Manhattan Project maintain that

  3. Decisions with Uncertain Consequences—A Total Ordering on Loss-Distributions

    PubMed Central

    König, Sandra; Schauer, Stefan

    2016-01-01

    Decisions are often based on imprecise, uncertain or vague information. Likewise, the consequences of an action are often equally unpredictable, thus putting the decision maker into a twofold jeopardy. Assuming that the effects of an action can be modeled by a random variable, then the decision problem boils down to comparing different effects (random variables) by comparing their distribution functions. Although the full space of probability distributions cannot be ordered, a properly restricted subset of distributions can be totally ordered in a practically meaningful way. We call these loss-distributions, since they provide a substitute for the concept of loss-functions in decision theory. This article introduces the theory behind the necessary restrictions and the hereby constructible total ordering on random loss variables, which enables decisions under uncertainty of consequences. Using data obtained from simulations, we demonstrate the practical applicability of our approach. PMID:28030572

  4. Innovation in globally distributed teams: the role of LMX, communication frequency, and member influence on team decisions.

    PubMed

    Gajendran, Ravi S; Joshi, Aparna

    2012-11-01

    For globally distributed teams charged with innovation, member contributions to the team are crucial for effective performance. Prior research, however, suggests that members of globally distributed teams often feel isolated and excluded from their team's activities and decisions. How can leaders of such teams foster member inclusion in team decisions? Drawing on leader-member exchange (LMX) theory, we propose that for distributed teams, LMX and communication frequency jointly shape member influence on team decisions. Findings from a test of our hypotheses using data from 40 globally distributed teams suggest that LMX can enhance member influence on team decisions when it is sustained through frequent leader-member communication. This joint effect is strengthened as team dispersion increases. At the team level, member influence on team decisions has a positive effect on team innovation. (c) 2012 APA, all rights reserved.

  5. Toward Effective Water Pipe Tobacco Control Policy in the United States: Synthesis of Federal, State, and Local Policy Texts.

    PubMed

    Colditz, Jason B; Ton, Jessica N; James, A Everette; Primack, Brian A

    2017-07-01

    Water pipe tobacco smoking (WTS) is growing in popularity among U.S. young adults and is associated with health risks similar to those of cigarette smoking. The purpose of this study is to examine existing tobacco control policies (TCPs) in order to investigate how they engage WTS. A systematic synthesis of content and legal interactions among federal, state, and local TCP documents. Pennsylvania, which represents a politically and demographically diverse microcosm of the United States. No human subjects. Federal and state TCPs were retrieved via public legal repositories. Local policy searches were conducted via county/municipal Web sites, inclusive of 13 localities that had autonomous health departments or existing TCPs based on a National Cancer Institute report. Full-text TCPs were double coded within a grounded theory framework for health policy analysis. Emergent codes were used to compare and contrast policy texts and to examine legal interactions among TCPs. Examination of policy categories including youth access, use restrictions, and taxation revealed WTS as largely omitted from current TCPs. WTS was sometimes addressed as an "other" tobacco product under older TCPs, though ambiguities in language led to questionable enforceability. State preemptions have rolled back or prevented well-tailored reforms at the local level. Federal preemptions have likewise constrained state TCPs. Outdated, preempted, and unclear policies limit the extent to which TCPs engage WTS. Health advocates might target these aspects of TCP reform.

  6. Entropy Methods For Univariate Distributions in Decision Analysis

    NASA Astrophysics Data System (ADS)

    Abbas, Ali E.

    2003-03-01

    One of the most important steps in decision analysis practice is the elicitation of the decision-maker's belief about an uncertainty of interest in the form of a representative probability distribution. However, the probability elicitation process is a task that involves many cognitive and motivational biases. Alternatively, the decision-maker may provide other information about the distribution of interest, such as its moments, and the maximum entropy method can be used to obtain a full distribution subject to the given moment constraints. In practice however, decision makers cannot readily provide moments for the distribution, and are much more comfortable providing information about the fractiles of the distribution of interest or bounds on its cumulative probabilities. In this paper we present a graphical method to determine the maximum entropy distribution between upper and lower probability bounds and provide an interpretation for the shape of the maximum entropy distribution subject to fractile constraints, (FMED). We also discuss the problems with the FMED in that it is discontinuous and flat over each fractile interval. We present a heuristic approximation to a distribution if in addition to its fractiles, we also know it is continuous and work through full examples to illustrate the approach.

  7. Just War and Preemption: The Just War Tradition and Its Impact on Preemptive Acts

    DTIC Science & Technology

    2008-01-01

    titled War in the Hebrew Bible . 10 She does not specifically analyze it using the lens ofthe JWT. But the assumption ofthe OT Hebrews was that they...34Susan Niditch, War in the Hebrew Bible : A Study in the Ethics of Violence (New York: Oxford University Press, 1993), 12. 35Paul Ramsey, War and the...www.whitehouse.gov/nsc/nss.pdf(accessed 24 Feb 2008). Niditch, Susan. War in the Hebrew Bible : A Study in the Ethics of Violence. New York: Oxford University Press

  8. Distributed decision making in action: diagnostic imaging investigations within the bigger picture.

    PubMed

    Makanjee, Chandra R; Bergh, Anne-Marie; Hoffmann, Willem A

    2018-03-01

    Decision making in the health care system - specifically with regard to diagnostic imaging investigations - occurs at multiple levels. Professional role players from various backgrounds are involved in making these decisions, from the point of referral to the outcomes of the imaging investigation. The aim of this study was to map the decision-making processes and pathways involved when patients are referred for diagnostic imaging investigations and to explore distributed decision-making events at the points of contact with patients within a health care system. A two-phased qualitative study was conducted in an academic public health complex with the district hospital as entry point. The first phase included case studies of 24 conveniently selected patients, and the second phase involved 12 focus group interviews with health care providers. Data analysis was based on Rapley's interpretation of decision making as being distributed across time, situations and actions, and including different role players and technologies. Clinical decisions incorporating imaging investigations are distributed across the three vital points of contact or decision-making events, namely the initial patient consultation, the diagnostic imaging investigation and the post-investigation consultation. Each of these decision-making events is made up of a sequence of discrete decision-making moments based on the transfer of retrospective, current and prospective information and its transformation into knowledge. This paper contributes to the understanding of the microstructural processes (the 'when' and 'where') involved in the distribution of decisions related to imaging investigations. It also highlights the interdependency in decision-making events of medical and non-medical providers within a single medical encounter. © 2017 The Authors. Journal of Medical Radiation Sciences published by John Wiley & Sons Australia, Ltd on behalf of Australian Society of Medical Imaging and Radiation Therapy and New Zealand Institute of Medical Radiation Technology.

  9. Distributed Cognition in Cancer Treatment Decision Making: An Application of the DECIDE Decision-Making Styles Typology.

    PubMed

    Krieger, Janice L; Krok-Schoen, Jessica L; Dailey, Phokeng M; Palmer-Wackerly, Angela L; Schoenberg, Nancy; Paskett, Electra D; Dignan, Mark

    2017-07-01

    Distributed cognition occurs when cognitive and affective schemas are shared between two or more people during interpersonal discussion. Although extant research focuses on distributed cognition in decision making between health care providers and patients, studies show that caregivers are also highly influential in the treatment decisions of patients. However, there are little empirical data describing how and when families exert influence. The current article addresses this gap by examining decisional support in the context of cancer randomized clinical trial (RCT) decision making. Data are drawn from in-depth interviews with rural, Appalachian cancer patients ( N = 46). Analysis of transcript data yielded empirical support for four distinct models of health decision making. The implications of these findings for developing interventions to improve the quality of treatment decision making and overall well-being are discussed.

  10. Formal Process Modeling to Improve Human Decision-Making in Test and Evaluation Acoustic Range Control

    DTIC Science & Technology

    2017-09-01

    AVAILABILITY STATEMENT Approved for public release. Distribution is unlimited. 12b. DISTRIBUTION CODE 13. ABSTRACT (maximum 200 words) Test and...ambiguities and identify high -value decision points? This thesis explores how formalization of these experience-based decisions as a process model...representing a T&E event may reveal high -value decision nodes where certain decisions carry more weight or potential for impacts to a successful test. The

  11. An experimental paradigm for team decision processes

    NASA Technical Reports Server (NTRS)

    Serfaty, D.; Kleinman, D. L.

    1986-01-01

    The study of distributed information processing and decision making is presently hampered by two factors: (1) The inherent complexity of the mathematical formulation of decentralized problems has prevented the development of models that could be used to predict performance in a distributed environment; and (2) The lack of comprehensive scientific empirical data on human team decision making has hindered the development of significant descriptive models. As a part of a comprehensive effort to find a new framework for multihuman decision making problems, a novel experimental research paradigm was developed involving human terms in decision making tasks. Attempts to construct parts of an integrated model with ideas from queueing networks, team theory, distributed estimation and decentralized resource management are described.

  12. Density dependent interactions between VA mycorrhizal fungi and even-aged seedlings of two perennial Fabaceae species.

    PubMed

    Allsopp, N; Stock, W D

    1992-08-01

    The interaction of density and mycorrhizal effects on the growth, mineral nutrition and size distribution of seedlings of two perennial members of the Fabaceae was investigated in pot culture. Seedlings of Otholobium hirtum and Aspalathus linearis were grown at densities of 1, 4, 8 and 16 plants per 13-cm pot with or without vesicular-arbuscular (VA) mycorrhizal inoculum for 120 days. Plant mass, relative growth rates, height and leaf number all decreased with increasing plant density. This was ascribed to the decreasing availability of phosphorus per plant as density increased. O. hirtum was highly dependent on mycorrhizas for P uptake but both mycorrhizal and non-mycorrhizal A. linearis seedlings were able to extract soil P with equal ease. Plant size distribution as measured by the coefficient of variation (CV) of shoot mass was greater at higher densities. CVs of mycorrhizal O. hirtum plants were higher than those of non-mycorrhizal plants. CVs of the facultatively mycorrhizal A. linearis were similar for both mycorrhizal and non-mycorrhizal plants. Higher CVs are attributed to resource preemption by larger individuals. Individuals in populations with high CVs will probably survive stress which would result in the extinction of populations with low CVs. Mass of mycorrhizal plants of both species decreased more rapidly with increasing density than did non-mycorrhizal plant mass. It is concluded that the cost of being mycorrhizal increases as plant density increases, while the benefit decreases. The results suggest that mycorrhizas will influence density-dependent population processes of faculative and obligate mycorrhizal species.

  13. Exploration decisions and firms in the mineral industries

    USGS Publications Warehouse

    Attanasi, E.D.

    1981-01-01

    The purpose of this paper is to demonstrate how physical characteristics of deposits and results of past exploration enter future exploration decisions. A proposed decision model is presented that is consistent with a set of primitive probabilistic assumptions associated with deposit size distributions and discoverability. Analysis of optimal field exploration strategy showed the likely firm responses to alternative exploration taxes and effects on the distribution of future discoveries. Examination of the probabilistic elements of the decision model indicates that changes in firm expectations associated with the distribution of deposits cannot be totally offset by changes in economic variables. ?? 1981.

  14. Distance-Based and Distributed Learning: A Decision Tool for Education Leaders.

    ERIC Educational Resources Information Center

    McGraw, Tammy M.; Ross, John D.

    This decision tool presents a progression of data collection and decision-making strategies that can increase the effectiveness of distance-based or distributed learning instruction. A narrative and flow chart cover the following steps: (1) basic assumptions, including purpose of instruction, market scan, and financial resources; (2) needs…

  15. Workshop on imaging science development for cancer prevention and preemption.

    PubMed

    Kelloff, Gary J; Sullivan, Daniel C; Baker, Houston; Clarke, Lawrence P; Nordstrom, Robert; Tatum, James L; Dorfman, Gary S; Jacobs, Paula; Berg, Christine D; Pomper, Martin G; Birrer, Michael J; Tempero, Margaret; Higley, Howard R; Petty, Brenda Gumbs; Sigman, Caroline C; Maley, Carlo; Sharma, Prateek; Wax, Adam; Ginsberg, Gregory G; Dannenberg, Andrew J; Hawk, Ernest T; Messing, Edward M; Grossman, H Barton; Harisinghani, Mukesh; Bigio, Irving J; Griebel, Donna; Henson, Donald E; Fabian, Carol J; Ferrara, Katherine; Fantini, Sergio; Schnall, Mitchell D; Zujewski, Jo Anne; Hayes, Wendy; Klein, Eric A; DeMarzo, Angelo; Ocak, Iclal; Ketterling, Jeffrey A; Tempany, Clare; Shtern, Faina; Parnes, Howard L; Gomez, Jorge; Srivastava, Sudhir; Szabo, Eva; Lam, Stephen; Seibel, Eric J; Massion, Pierre; McLennan, Geoffrey; Cleary, Kevin; Suh, Robert; Burt, Randall W; Pfeiffer, Ruth M; Hoffman, John M; Roy, Hemant K; Wang, Thomas; Limburg, Paul J; El-Deiry, Wafik S; Papadimitrakopoulou, Vali; Hittelman, Walter N; MacAulay, Calum; Veltri, Robert W; Solomon, Diane; Jeronimo, Jose; Richards-Kortum, Rebecca; Johnson, Karen A; Viner, Jaye L; Stratton, Steven P; Rajadhyaksha, Milind; Dhawan, Atam

    2007-01-01

    The concept of intraepithelial neoplasm (IEN) as a near-obligate precursor of cancers has generated opportunities to examine drug or device intervention strategies that may reverse or retard the sometimes lengthy process of carcinogenesis. Chemopreventive agents with high therapeutic indices, well-monitored for efficacy and safety, are greatly needed, as is development of less invasive or minimally disruptive visualization and assessment methods to safely screen nominally healthy but at-risk patients, often for extended periods of time and at repeated intervals. Imaging devices, alone or in combination with anticancer drugs, may also provide novel interventions to treat or prevent precancer.

  16. Strategies for distributing cancer screening decision aids in primary care.

    PubMed

    Brackett, Charles; Kearing, Stephen; Cochran, Nan; Tosteson, Anna N A; Blair Brooks, W

    2010-02-01

    Decision aids (DAs) have been shown to facilitate shared decision making about cancer screening. However, little data exist on optimal strategies for dissemination. Our objective was to compare different decision aid distribution models. Eligible patients received video decision aids for prostate cancer (PSA) or colon cancer screening (CRC) through 4 distribution methods. Outcome measures included DA loans (N), % of eligible patients receiving DA, and patient and provider satisfaction. Automatically mailing DAs to all age/gender appropriate patients led to near universal receipt by screening-eligible patients, but also led to ineligible patients receiving DAs. Three different elective (non-automatic) strategies led to low rates of receipt. Clinician satisfaction was higher when patients viewed the DA before the visit, and this model facilitated implementation of the screening choice. Regardless of timing or distribution method, patient satisfaction was high. An automatic DA distribution method is more effective than relying on individual initiative. Enabling patients to view the DA before the visit is preferred. Systematically offering DAs to all eligible patients before their appointments is the ideal strategy, but may be challenging to implement. Copyright 2009 Elsevier Ireland Ltd. All rights reserved.

  17. Predicting species distributions for conservation decisions

    PubMed Central

    Guisan, Antoine; Tingley, Reid; Baumgartner, John B; Naujokaitis-Lewis, Ilona; Sutcliffe, Patricia R; Tulloch, Ayesha I T; Regan, Tracey J; Brotons, Lluis; McDonald-Madden, Eve; Mantyka-Pringle, Chrystal; Martin, Tara G; Rhodes, Jonathan R; Maggini, Ramona; Setterfield, Samantha A; Elith, Jane; Schwartz, Mark W; Wintle, Brendan A; Broennimann, Olivier; Austin, Mike; Ferrier, Simon; Kearney, Michael R; Possingham, Hugh P; Buckley, Yvonne M

    2013-01-01

    Species distribution models (SDMs) are increasingly proposed to support conservation decision making. However, evidence of SDMs supporting solutions for on-ground conservation problems is still scarce in the scientific literature. Here, we show that successful examples exist but are still largely hidden in the grey literature, and thus less accessible for analysis and learning. Furthermore, the decision framework within which SDMs are used is rarely made explicit. Using case studies from biological invasions, identification of critical habitats, reserve selection and translocation of endangered species, we propose that SDMs may be tailored to suit a range of decision-making contexts when used within a structured and transparent decision-making process. To construct appropriate SDMs to more effectively guide conservation actions, modellers need to better understand the decision process, and decision makers need to provide feedback to modellers regarding the actual use of SDMs to support conservation decisions. This could be facilitated by individuals or institutions playing the role of ‘translators’ between modellers and decision makers. We encourage species distribution modellers to get involved in real decision-making processes that will benefit from their technical input; this strategy has the potential to better bridge theory and practice, and contribute to improve both scientific knowledge and conservation outcomes. PMID:24134332

  18. The Value of Information in Distributed Decision Networks

    DTIC Science & Technology

    2016-03-04

    formulation, and then we describe the various results at- tained. 1 Mathematical description of Distributed Decision Network un- der Information...Constraints We now define a mathematical framework for networks. Let G = (V,E) be an undirected random network (graph) drawn from a known distribution pG, 1

  19. Beyond Control Centers

    NASA Technical Reports Server (NTRS)

    Trimble, Jay

    2017-01-01

    For NASA's Resource Prospector (RP) Lunar Rover Mission, we are moving away from a control center concept, to a fully distributed operation utilizing control nodes, with decision support from anywhere via mobile devices. This operations concept will utilize distributed information systems, notifications, mobile data access, and optimized mobile data display for off-console decision support. We see this concept of operations as a step in the evolution of mission operations from a central control center concept to a mission operations anywhere concept. The RP example is part of a trend, in which mission expertise for design, development and operations is distributed across countries and across the globe. Future spacecraft operations will be most cost efficient and flexible by following this distributed expertise, enabling operations from anywhere. For the RP mission we arrived at the decision to utilize a fully distributed operations team, where everyone operates from their home institution, based on evaluating the following factors: the requirement for physical proximity for near-real time command and control decisions; the cost of distributed control nodes vs. a centralized control center; the impact on training and mission preparation of flying the team to a central location. Physical proximity for operational decisions is seldom required, though certain categories of decisions, such as launch abort, or close coordination for mission or safety-critical near-real-time command and control decisions may benefit from co-location. The cost of facilities and operational infrastructure has not been found to be a driving factor for location in our studies. Mission training and preparation benefit from having all operators train and operate from home institutions.

  20. Ethical evaluation of decision-making for distribution of health resources in China.

    PubMed

    Guo-Ping, Wang

    2007-06-01

    Since distribution of health resources involves various aspects of ethics, the evaluation of ethical problems should be emphasised in health decisions using criteria of fairness and fundamental principles of ethics correctly understood and chosen in order to solve the real conflicts evident in the distribution of health resources and to enable fair and reasonable distribution of health resources.

  1. The Internet and the Banks' Strategic Distribution Channel Decisions.

    ERIC Educational Resources Information Center

    Mols, Niels Peter

    1998-01-01

    Discusses two strategic distribution channel decisions facing banks, one regarding whether to target the Internet banking segment of customers versus the branch banking segment, and the other regarding the geographical area banks aim to serve. Future distribution channels, the change process, and local, national, and international strategies are…

  2. Volatile decision dynamics: experiments, stochastic description, intermittency control and traffic optimization

    NASA Astrophysics Data System (ADS)

    Helbing, Dirk; Schönhof, Martin; Kern, Daniel

    2002-06-01

    The coordinated and efficient distribution of limited resources by individual decisions is a fundamental, unsolved problem. When individuals compete for road capacities, time, space, money, goods, etc, they normally make decisions based on aggregate rather than complete information, such as TV news or stock market indices. In related experiments, we have observed a volatile decision dynamics and far-from-optimal payoff distributions. We have also identified methods of information presentation that can considerably improve the overall performance of the system. In order to determine optimal strategies of decision guidance by means of user-specific recommendations, a stochastic behavioural description is developed. These strategies manage to increase the adaptibility to changing conditions and to reduce the deviation from the time-dependent user equilibrium, thereby enhancing the average and individual payoffs. Hence, our guidance strategies can increase the performance of all users by reducing overreaction and stabilizing the decision dynamics. These results are highly significant for predicting decision behaviour, for reaching optimal behavioural distributions by decision support systems and for information service providers. One of the promising fields of application is traffic optimization.

  3. Tobacco lobby political influence on US state legislatures in the 1990s

    PubMed Central

    Givel, M.; Glantz, S.

    2001-01-01

    BACKGROUND—Throughout the 1990s the tobacco lobby was a potent political force in US state legislatures advancing its pro-tobacco agenda.
OBJECTIVE—To describe the market and political motivations of the tobacco lobby and the strategies they use to achieve these goals in US state legislatures.
DESIGN—This study is a content analysis and summary overview of recently released historical tobacco industry documents; tobacco related government documents; and recent state tobacco control policy reports.
RESULTS—In the 1990s, the tobacco lobby engaged in a comprehensive and aggressive political effort in state legislatures to sell tobacco with the least hindrance using lobbying, the media, public relations, front groups, industry allies, and contributions to legislators. These efforts included campaigns to neutralise clean indoor air legislation, minimise tax increases, and preserve the industry's freedom to advertise and sell tobacco. The tobacco lobby succeeded in increasing the number of states that enacted state pre-emption of stricter local tobacco control laws and prevented the passage of many state tobacco control policies. Public health advocates were able to prevent pre-emption and other pro-tobacco policies from being enacted in several states.
CONCLUSIONS—The tobacco lobby is a powerful presence in state legislatures. Because of the poor public image of the tobacco lobby, it seeks to wield this power quietly and behind the scenes. State and local health advocates, who often have high public credibility, can use this fact against the tobacco lobby by focusing public attention on the tobacco lobby's political influence and policy goals and expose links between the tobacco lobby and its legislative supporters.


Keywords: political lobbying; state legislatures; industry PMID:11387532

  4. 2018 Military Retirement Options: An Expected Net Present Value Decision Analysis Model

    DTIC Science & Technology

    2017-03-23

    Decision Analysis Model Bret N. Witham Follow this and additional works at: https://scholar.afit.edu/etd Part of the Benefits and Compensation Commons...FORCE INSTITUTE OF TECHNOLOGY Wright-Patterson Air Force Base, Ohio DISTRIBUTION STATEMENT A. APPROVED FOR PUBLIC RELEASE; DISTRIBUTION UNLIMITED...Science in Operations Research Bret N. Witham, BS Captain, USAF March 2017 DISTRIBUTION STATEMENT A. APPROVED FOR PUBLIC RELEASE; DISTRIBUTION

  5. Co-Constructing Distributed Leadership: District and School Connections in Data-Driven Decision-Making

    ERIC Educational Resources Information Center

    Park, Vicki; Datnow, Amanda

    2009-01-01

    The purpose of this paper is to examine leadership practices in school systems that are implementing data-driven decision-making employing the theory of distributed leadership. With the advent of No Child Left Behind Act of 2001 (NCLB) in the US, educational leaders are now required to analyse, interpret and use data to make informed decisions in…

  6. Reliability-based econometrics of aerospace structural systems: Design criteria and test options. Ph.D. Thesis - Georgia Inst. of Tech.

    NASA Technical Reports Server (NTRS)

    Thomas, J. M.; Hanagud, S.

    1974-01-01

    The design criteria and test options for aerospace structural reliability were investigated. A decision methodology was developed for selecting a combination of structural tests and structural design factors. The decision method involves the use of Bayesian statistics and statistical decision theory. Procedures are discussed for obtaining and updating data-based probabilistic strength distributions for aerospace structures when test information is available and for obtaining subjective distributions when data are not available. The techniques used in developing the distributions are explained.

  7. Lineages with long durations are old and morphologically average: an analysis using multiple datasets.

    PubMed

    Liow, Lee Hsiang

    2007-04-01

    Lineage persistence is as central to biology as evolutionary change. Important questions regarding persistence include: why do some lineages outlive their relatives, neither becoming extinct nor evolving into separate lineages? Do these long-duration lineages have distinctive ecological or morphological traits that correlate with their geologic durations and potentially aid their survival? In this paper, I test the hypothesis that lineages (species and higher taxa) with longer geologic durations have morphologies that are more average than expected by chance alone. I evaluate this hypothesis for both individual lineages with longer durations and groups of lineages with longer durations, using more than 60 published datasets of animals with adequate fossil records. Analyses presented here show that groups of lineages with longer durations fall empirically into one of three theoretically possible scenarios, namely: (1) the morphology of groups of longer duration lineages is closer to the grand average of their inclusive group, that is, their relative morphological distance is smaller than expected by chance alone, when compared with rarified samples of their shorter duration relatives (a negative group morpho-duration distribution); (2) the relative morphological distance of groups of longer duration lineages is no different from rarified samples of their shorter duration relatives (a null group morpho-duration distribution); and (3) the relative morphological distance of groups of longer duration lineages is greater than expected when compared with rarified samples of their shorter duration relatives (a positive group morpho-duration distribution). Datasets exhibiting negative group morpho-duration distributions predominate. However, lineages with higher ranks in the Linnean hierarchy demonstrate positive morpho-duration distributions more frequently. The relative morphological distance of individual longer duration lineages is no different from that of rarified samples of their shorter duration relatives (a null individual morpho-duration distribution) for the majority of datasets studied. Contrary to the common idea that very persistent lineages are special or unique in some significant way, both the results from analyses of long-duration lineages as groups and individuals show that they are morphologically average. Persistent lineages often arise early in a group's history, even though there is no prior expectation for this tendency in datasets of extinct groups. The implications of these results for diversification histories and niche preemption are discussed.

  8. State and Municipal Innovations in Obesity Policy: Why Localities Remain a Necessary Laboratory for Innovation

    PubMed Central

    Ashe, Marice; Farias, Ruben; Gostin, Lawrence

    2015-01-01

    Municipal and state governments are surging ahead in obesity prevention, providing a testing ground for innovative policies and shifting social norms in the process. Though high-profile measures such as New York City’s soda portion rule attract significant media attention, we catalog the broader array of initiatives in less-known localities. Local innovation advances prevention policy, but faces legal and political constraints—constitutional challenges, preemption, charges of paternalism, lack of evidence, and widening health inequalities. These arguments can be met with astute framing, empirical evidence, and policy design, enabling local governments to remain at the forefront in transforming obesogenic environments. PMID:25602886

  9. State and municipal innovations in obesity policy: why localities remain a necessary laboratory for innovation.

    PubMed

    Reeve, Belinda; Ashe, Marice; Farias, Ruben; Gostin, Lawrence

    2015-03-01

    Municipal and state governments are surging ahead in obesity prevention, providing a testing ground for innovative policies and shifting social norms in the process. Though high-profile measures such as New York City's soda portion rule attract significant media attention, we catalog the broader array of initiatives in less-known localities. Local innovation advances prevention policy, but faces legal and political constraints-constitutional challenges, preemption, charges of paternalism, lack of evidence, and widening health inequalities. These arguments can be met with astute framing, empirical evidence, and policy design, enabling local governments to remain at the forefront in transforming obesogenic environments.

  10. Diffusion theory of decision making in continuous report.

    PubMed

    Smith, Philip L

    2016-07-01

    I present a diffusion model for decision making in continuous report tasks, in which a continuous, circularly distributed, stimulus attribute in working memory is matched to a representation of the attribute in the stimulus display. Memory retrieval is modeled as a 2-dimensional diffusion process with vector-valued drift on a disk, whose bounding circle represents the decision criterion. The direction and magnitude of the drift vector describe the identity of the stimulus and the quality of its representation in memory, respectively. The point at which the diffusion exits the disk determines the reported value of the attribute and the time to exit the disk determines the decision time. Expressions for the joint distribution of decision times and report outcomes are obtained by means of the Girsanov change-of-measure theorem, which allows the properties of the nonzero-drift diffusion process to be characterized as a function of a Euclidian-distance Bessel process. Predicted report precision is equal to the product of the decision criterion and the drift magnitude and follows a von Mises distribution, in agreement with the treatment of precision in the working memory literature. Trial-to-trial variability in criterion and drift rate leads, respectively, to direct and inverse relationships between report accuracy and decision times, in agreement with, and generalizing, the standard diffusion model of 2-choice decisions. The 2-dimensional model provides a process account of working memory precision and its relationship with the diffusion model, and a new way to investigate the properties of working memory, via the distributions of decision times. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  11. Distributive justice and infertility treatment in Canada.

    PubMed

    Nisker, Jeff

    2008-05-01

    An exploration of distributive justice in Canadian infertility treatment requires the integration of ethical, clinical, and economic principles. In 1971, American philosopher John Rawls proposed a theoretical model for fair decision-making in which "rational" and "self-interested" citizens are behind a "veil of ignorance" with respect to both their own position and the position of other decision-makers. Rawls proposed that these self-interested decision-makers, fearing that they are among the least advantaged persons who could be affected by the decision, will agree only upon rules that encode equality of opportunity and that bestow the greatest benefit on the least advantaged citizens. Regarding health policy decision-making, Rawls' model is best illustrated by Canadian philosopher Warren Bourgeois in his panel of "volunteers." These rational and self-interested volunteers receive an amnestic drug that renders them unaware of their health, social, and financial position, but they know that they are representative of diverse spheres of citizens whose well-being will be affected by their decision. After describing fair decision-making, Bourgeois considers the lack of a distributive justice imperative in Canada's Assisted Human Reproduction Act, in contrast to legislation in European nations and Australia, summarizes the economic and clinical considerations that must be provided to the decision-makers behind the "veil of ignorance" for fair decisions to occur, and considers altruism in relation to equality of access. He concludes by noting that among countries with legislation governing assisted reproduction Canada is alone in having legislation that is void of distributive justice in providing access to clinically appropriate infertility care.

  12. Distributed collaborative environments for predictive battlespace awareness

    NASA Astrophysics Data System (ADS)

    McQuay, William K.

    2003-09-01

    The past decade has produced significant changes in the conduct of military operations: asymmetric warfare, the reliance on dynamic coalitions, stringent rules of engagement, increased concern about collateral damage, and the need for sustained air operations. Mission commanders need to assimilate a tremendous amount of information, make quick-response decisions, and quantify the effects of those decisions in the face of uncertainty. Situational assessment is crucial in understanding the battlespace. Decision support tools in a distributed collaborative environment offer the capability of decomposing complex multitask processes and distributing them over a dynamic set of execution assets that include modeling, simulations, and analysis tools. Decision support technologies can semi-automate activities, such as analysis and planning, that have a reasonably well-defined process and provide machine-level interfaces to refine the myriad of information that the commander must fused. Collaborative environments provide the framework and integrate models, simulations, and domain specific decision support tools for the sharing and exchanging of data, information, knowledge, and actions. This paper describes ongoing AFRL research efforts in applying distributed collaborative environments to predictive battlespace awareness.

  13. The influence of emotion on lexical processing: insights from RT distributional analysis.

    PubMed

    Yap, Melvin J; Seow, Cui Shan

    2014-04-01

    In two lexical decision experiments, the present study was designed to examine emotional valence effects on visual lexical decision (standard and go/no-go) performance, using traditional analyses of means and distributional analyses of response times. Consistent with an earlier study by Kousta, Vinson, and Vigliocco (Cognition 112:473-481, 2009), we found that emotional words (both negative and positive) were responded to faster than neutral words. Finer-grained distributional analyses further revealed that the facilitation afforded by valence was reflected by a combination of distributional shifting and an increase in the slow tail of the distribution. This suggests that emotional valence effects in lexical decision are unlikely to be entirely mediated by early, preconscious processes, which are associated with pure distributional shifting. Instead, our results suggest a dissociation between early preconscious processes and a later, more task-specific effect that is driven by feedback from semantically rich representations.

  14. Predicting volume of distribution with decision tree-based regression methods using predicted tissue:plasma partition coefficients.

    PubMed

    Freitas, Alex A; Limbu, Kriti; Ghafourian, Taravat

    2015-01-01

    Volume of distribution is an important pharmacokinetic property that indicates the extent of a drug's distribution in the body tissues. This paper addresses the problem of how to estimate the apparent volume of distribution at steady state (Vss) of chemical compounds in the human body using decision tree-based regression methods from the area of data mining (or machine learning). Hence, the pros and cons of several different types of decision tree-based regression methods have been discussed. The regression methods predict Vss using, as predictive features, both the compounds' molecular descriptors and the compounds' tissue:plasma partition coefficients (Kt:p) - often used in physiologically-based pharmacokinetics. Therefore, this work has assessed whether the data mining-based prediction of Vss can be made more accurate by using as input not only the compounds' molecular descriptors but also (a subset of) their predicted Kt:p values. Comparison of the models that used only molecular descriptors, in particular, the Bagging decision tree (mean fold error of 2.33), with those employing predicted Kt:p values in addition to the molecular descriptors, such as the Bagging decision tree using adipose Kt:p (mean fold error of 2.29), indicated that the use of predicted Kt:p values as descriptors may be beneficial for accurate prediction of Vss using decision trees if prior feature selection is applied. Decision tree based models presented in this work have an accuracy that is reasonable and similar to the accuracy of reported Vss inter-species extrapolations in the literature. The estimation of Vss for new compounds in drug discovery will benefit from methods that are able to integrate large and varied sources of data and flexible non-linear data mining methods such as decision trees, which can produce interpretable models. Graphical AbstractDecision trees for the prediction of tissue partition coefficient and volume of distribution of drugs.

  15. Strategic Decision-Making Learning from Label Distributions: An Approach for Facial Age Estimation.

    PubMed

    Zhao, Wei; Wang, Han

    2016-06-28

    Nowadays, label distribution learning is among the state-of-the-art methodologies in facial age estimation. It takes the age of each facial image instance as a label distribution with a series of age labels rather than the single chronological age label that is commonly used. However, this methodology is deficient in its simple decision-making criterion: the final predicted age is only selected at the one with maximum description degree. In many cases, different age labels may have very similar description degrees. Consequently, blindly deciding the estimated age by virtue of the highest description degree would miss or neglect other valuable age labels that may contribute a lot to the final predicted age. In this paper, we propose a strategic decision-making label distribution learning algorithm (SDM-LDL) with a series of strategies specialized for different types of age label distribution. Experimental results from the most popular aging face database, FG-NET, show the superiority and validity of all the proposed strategic decision-making learning algorithms over the existing label distribution learning and other single-label learning algorithms for facial age estimation. The inner properties of SDM-LDL are further explored with more advantages.

  16. Strategic Decision-Making Learning from Label Distributions: An Approach for Facial Age Estimation

    PubMed Central

    Zhao, Wei; Wang, Han

    2016-01-01

    Nowadays, label distribution learning is among the state-of-the-art methodologies in facial age estimation. It takes the age of each facial image instance as a label distribution with a series of age labels rather than the single chronological age label that is commonly used. However, this methodology is deficient in its simple decision-making criterion: the final predicted age is only selected at the one with maximum description degree. In many cases, different age labels may have very similar description degrees. Consequently, blindly deciding the estimated age by virtue of the highest description degree would miss or neglect other valuable age labels that may contribute a lot to the final predicted age. In this paper, we propose a strategic decision-making label distribution learning algorithm (SDM-LDL) with a series of strategies specialized for different types of age label distribution. Experimental results from the most popular aging face database, FG-NET, show the superiority and validity of all the proposed strategic decision-making learning algorithms over the existing label distribution learning and other single-label learning algorithms for facial age estimation. The inner properties of SDM-LDL are further explored with more advantages. PMID:27367691

  17. Coordinating Information and Decisions of Hierarchical Distributed Decision Units in Crises

    DTIC Science & Technology

    1997-08-01

    learning. Carley, K. (1988) Social stability and constructionism . Pittsburgh: Social and Decision Sciences Working Paper Series, Carnegie Mellon...Behavioral and Social Sciences Approved for public release; distribution is unlimited. U.S. ARMY RESEARCH INSTITUTE FOR THE BEHAVIORAL AND SOCIAL SCIENCES...it is no longer needed. Please do not return it to the U.S. Army Research Institute for the Behavioral and Social Sciences. NOTE: The views, opinions

  18. Noise in Attractor Networks in the Brain Produced by Graded Firing Rate Representations

    PubMed Central

    Webb, Tristan J.; Rolls, Edmund T.; Deco, Gustavo; Feng, Jianfeng

    2011-01-01

    Representations in the cortex are often distributed with graded firing rates in the neuronal populations. The firing rate probability distribution of each neuron to a set of stimuli is often exponential or gamma. In processes in the brain, such as decision-making, that are influenced by the noise produced by the close to random spike timings of each neuron for a given mean rate, the noise with this graded type of representation may be larger than with the binary firing rate distribution that is usually investigated. In integrate-and-fire simulations of an attractor decision-making network, we show that the noise is indeed greater for a given sparseness of the representation for graded, exponential, than for binary firing rate distributions. The greater noise was measured by faster escaping times from the spontaneous firing rate state when the decision cues are applied, and this corresponds to faster decision or reaction times. The greater noise was also evident as less stability of the spontaneous firing state before the decision cues are applied. The implication is that spiking-related noise will continue to be a factor that influences processes such as decision-making, signal detection, short-term memory, and memory recall even with the quite large networks found in the cerebral cortex. In these networks there are several thousand recurrent collateral synapses onto each neuron. The greater noise with graded firing rate distributions has the advantage that it can increase the speed of operation of cortical circuitry. PMID:21931607

  19. Teaching medical students about fair distribution of healthcare resources.

    PubMed

    Leget, C; Hoedemaekers, R

    2007-12-01

    Healthcare package decisions are complex. Different judgements about effectiveness, cost-effectiveness and disease burden influence the decision-making process. Moreover, different concepts of justice generate different ideas about fair distribution of healthcare resources. This paper presents a decision model that is used in medical school in order to familiarise medical students with the different concepts of justice and the ethical dimension of making concrete choices. The model is based on the four-stage decision model developed in the Netherlands by the Dunning Committee and the discussion that followed its presentation in 1991. Having to deal with 10 medical services, students working with the model learn to discern and integrate four different ideas of distributive justice that are integrated in a flow chart: libertarian, communitarian, egalitarian and utilitarian.

  20. Rawlsian maximin rule operates as a common cognitive anchor in distributive justice and risky decisions

    PubMed Central

    Kameda, Tatsuya; Inukai, Keigo; Higuchi, Satomi; Ogawa, Akitoshi; Kim, Hackjin; Matsuda, Tetsuya; Sakagami, Masamichi

    2016-01-01

    Distributive justice concerns the moral principles by which we seek to allocate resources fairly among diverse members of a society. Although the concept of fair allocation is one of the fundamental building blocks for societies, there is no clear consensus on how to achieve “socially just” allocations. Here, we examine neurocognitive commonalities of distributive judgments and risky decisions. We explore the hypothesis that people’s allocation decisions for others are closely related to economic decisions for oneself at behavioral, cognitive, and neural levels, via a concern about the minimum, worst-off position. In a series of experiments using attention-monitoring and brain-imaging techniques, we investigated this “maximin” concern (maximizing the minimum possible payoff) via responses in two seemingly disparate tasks: third-party distribution of rewards for others, and choosing gambles for self. The experiments revealed three robust results: (i) participants’ distributive choices closely matched their risk preferences—“Rawlsians,” who maximized the worst-off position in distributions for others, avoided riskier gambles for themselves, whereas “utilitarians,” who favored the largest-total distributions, preferred riskier but more profitable gambles; (ii) across such individual choice preferences, however, participants generally showed the greatest spontaneous attention to information about the worst possible outcomes in both tasks; and (iii) this robust concern about the minimum outcomes was correlated with activation of the right temporoparietal junction (RTPJ), the region associated with perspective taking. The results provide convergent evidence that social distribution for others is psychologically linked to risky decision making for self, drawing on common cognitive–neural processes with spontaneous perspective taking of the worst-off position. PMID:27688764

  1. Additive and interactive effects in semantic priming: Isolating lexical and decision processes in the lexical decision task.

    PubMed

    Yap, Melvin J; Balota, David A; Tan, Sarah E

    2013-01-01

    The present study sheds light on the interplay between lexical and decision processes in the lexical decision task by exploring the effects of lexical decision difficulty on semantic priming effects. In 2 experiments, we increased lexical decision difficulty by either using transposed letter wordlike nonword distracters (e.g., JUGDE; Experiment 1) or by visually degrading targets (Experiment 2). Although target latencies were considerably slowed by both difficulty manipulations, stimulus quality-but not nonword type-moderated priming effects, consistent with recent work by Lupker and Pexman (2010). To characterize these results in a more fine-grained manner, data were also analyzed at the level of response time (RT) distributions, using a combination of ex-Gaussian, quantile, and diffusion model analyses. The results indicate that for clear targets, priming was reflected by distributional shifting of comparable magnitude across different nonword types. In contrast, priming of degraded targets was reflected by shifting and an increase in the tail of the distribution. We discuss how these findings, along with others, can be accommodated by an embellished multistage activation model that incorporates retrospective prime retrieval and decision-based mechanisms.

  2. Distributed decision support for the 21st century mission space

    NASA Astrophysics Data System (ADS)

    McQuay, William K.

    2002-07-01

    The past decade has produced significant changes in the conduct of military operations: increased humanitarian missions, asymmetric warfare, the reliance on coalitions and allies, stringent rules of engagement, concern about casualties, and the need for sustained air operations. Future mission commanders will need to assimilate a tremendous amount of information, make quick-response decisions, and quantify the effects of those decisions in the face of uncertainty. Integral to this process is creating situational assessment-understanding the mission space, simulation to analyze alternative futures, current capabilities, planning assessments, course-of-action assessments, and a common operational picture-keeping everyone on the same sheet of paper. Decision support tools in a distributed collaborative environment offer the capability of decomposing these complex multitask processes and distributing them over a dynamic set of execution assets. Decision support technologies can semi-automate activities, such as planning an operation, that have a reasonably well-defined process and provide machine-level interfaces to refine the myriad of information that is not currently fused. The marriage of information and simulation technologies provides the mission commander with a collaborative virtual environment for planning and decision support.

  3. A Decision-Support System for Sustainable Water Distribution System Planning.

    PubMed

    Freund, Alina; Aydin, Nazli Yonca; Zeckzer, Dirk; Hagen, Hans

    2017-01-01

    An interactive decision-support system (DSS) can help experts prepare water resource management plans for decision makers and stakeholders. The design of the proposed prototype incorporates visualization techniques such as circle views, grid layout, small multiple maps, and node simplification to improve the data readability of water distribution systems. A case study with three urban water management and sanitary engineering experts revealed that the proposed DSS is satisfactory, efficient, and effective.

  4. The Decision to Dismiss General MacArthur

    DTIC Science & Technology

    1966-04-22

    this document can be found in the DTIC ® Technical Report Database. g DISTRIBUTION STATEMENT A. Approved for public release; distribution is... reporters pre- dicting a bloody stalemate unless major additions were made to his forces and new policies formulated by the United Nations. On 20 March...his decision to dismiss General MacArthur and return him to the United States. Due to a report of a leak of this decision to a newspaper, the

  5. Decision Support for Renewal of Wastewater Collections and Water Distribution Systems

    EPA Science Inventory

    The decision of how to accomplish the renewal of existing wastewater collection and water distribution systems involves the evaluation of many criteria and parameters. These criteria must be evaluated thoroughly to determine the best way of rehabilitating or replacing these sys...

  6. DECISION SUPPORT FOR RENEWAL OF WASTEWATER COLLECTIONS AND WATER DISTRIBUTION SYSTEMS

    EPA Science Inventory

    The decision of how to accomplish the renewal of existing wastewater collection and water distribution systems involves the evaluation of many criteria and parameters. These criteria must be evaluated thoroughly to determine the best way of rehabilitating or replacing these syste...

  7. The impacts of racial group membership on people's distributive justice: an event-related potential study.

    PubMed

    Wang, Yan; Tang, Yi-Yuan; Deng, Yuqin

    2014-04-16

    How individuals and societies distribute benefits has long been studied by psychologists and sociologists. Previous work has highlighted the importance of social identity on people's justice concerns. However, it is not entirely clear how racial in-group/out-group relationship affects the brain activity in distributive justice. In this study, event-related potentials were recorded while participants made their decisions about donation allocation. Behavioral results showed that racial in-group factor affected participants' decisions on justice consideration. Participants were more likely to make relatively equity decisions when racial in-group factor was congruent with equity compared with the corresponding incongruent condition. Moreover, this incongruent condition took longer response times than congruent condition. Meanwhile, less equity decisions were made when efficiency was larger in the opposite side to equity than it was equal between the two options. Scalp event-related potential analyses revealed that greater P300 and late positive potential amplitudes were elicited by the incongruent condition compared with the congruent condition. These findings suggest that the decision-making of distributive justice could be modulated by racial group membership, and greater attentional resources or cognitive efforts are required when racial in-group factor and equity conflict with each other.

  8. Combining binary decision tree and geostatistical methods to estimate snow distribution in a mountain watershed

    USGS Publications Warehouse

    Balk, Benjamin; Elder, Kelly

    2000-01-01

    We model the spatial distribution of snow across a mountain basin using an approach that combines binary decision tree and geostatistical techniques. In April 1997 and 1998, intensive snow surveys were conducted in the 6.9‐km2 Loch Vale watershed (LVWS), Rocky Mountain National Park, Colorado. Binary decision trees were used to model the large‐scale variations in snow depth, while the small‐scale variations were modeled through kriging interpolation methods. Binary decision trees related depth to the physically based independent variables of net solar radiation, elevation, slope, and vegetation cover type. These decision tree models explained 54–65% of the observed variance in the depth measurements. The tree‐based modeled depths were then subtracted from the measured depths, and the resulting residuals were spatially distributed across LVWS through kriging techniques. The kriged estimates of the residuals were added to the tree‐based modeled depths to produce a combined depth model. The combined depth estimates explained 60–85% of the variance in the measured depths. Snow densities were mapped across LVWS using regression analysis. Snow‐covered area was determined from high‐resolution aerial photographs. Combining the modeled depths and densities with a snow cover map produced estimates of the spatial distribution of snow water equivalence (SWE). This modeling approach offers improvement over previous methods of estimating SWE distribution in mountain basins.

  9. Exposure Models for the Prior Distribution in Bayesian Decision Analysis for Occupational Hygiene Decision Making

    PubMed Central

    Lee, Eun Gyung; Kim, Seung Won; Feigley, Charles E.; Harper, Martin

    2015-01-01

    This study introduces two semi-quantitative methods, Structured Subjective Assessment (SSA) and Control of Substances Hazardous to Health (COSHH) Essentials, in conjunction with two-dimensional Monte Carlo simulations for determining prior probabilities. Prior distribution using expert judgment was included for comparison. Practical applications of the proposed methods were demonstrated using personal exposure measurements of isoamyl acetate in an electronics manufacturing facility and of isopropanol in a printing shop. Applicability of these methods in real workplaces was discussed based on the advantages and disadvantages of each method. Although these methods could not be completely independent of expert judgments, this study demonstrated a methodological improvement in the estimation of the prior distribution for the Bayesian decision analysis tool. The proposed methods provide a logical basis for the decision process by considering determinants of worker exposure. PMID:23252451

  10. Single- versus dual-process models of lexical decision performance: insights from response time distributional analysis.

    PubMed

    Yap, Melvin J; Balota, David A; Cortese, Michael J; Watson, Jason M

    2006-12-01

    This article evaluates 2 competing models that address the decision-making processes mediating word recognition and lexical decision performance: a hybrid 2-stage model of lexical decision performance and a random-walk model. In 2 experiments, nonword type and word frequency were manipulated across 2 contrasts (pseudohomophone-legal nonword and legal-illegal nonword). When nonwords became more wordlike (i.e., BRNTA vs. BRANT vs. BRANE), response latencies to nonwords were slowed and the word frequency effect increased. More important, distributional analyses revealed that the Nonword Type = Word Frequency interaction was modulated by different components of the response time distribution, depending on the specific nonword contrast. A single-process random-walk model was able to account for this particular set of findings more successfully than the hybrid 2-stage model. (c) 2006 APA, all rights reserved.

  11. Legal obstacles and incentives to the development of small scale hydroelectric power in New Jersey

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    None,

    1980-05-01

    The legal and institutional obstacles to the development of small-scale hydroelectric energy at the state level in New Jersey are described. The Federal government also exercises extensive regulatory authority in the area. The dual regulatory system from the standpoint of the appropriate legal doctrine, the law of pre-emption, application of the law to the case of hydroelectric development, and an inquiry into the practical use of the doctrine by the FERC is discussed. New Jersey follows the riparian theory of water law. Following an extensive discussion of the New Jersey water law, New Jersey regulatory law and financial considerations regardingmore » hydroelectric power development are discussed.« less

  12. The option value of delay in health technology assessment.

    PubMed

    Eckermann, Simon; Willan, Andrew R

    2008-01-01

    Processes of health technology assessment (HTA) inform decisions under uncertainty about whether to invest in new technologies based on evidence of incremental effects, incremental cost, and incremental net benefit monetary (INMB). An option value to delaying such decisions to wait for further evidence is suggested in the usual case of interest, in which the prior distribution of INMB is positive but uncertain. of estimating the option value of delaying decisions to invest have previously been developed when investments are irreversible with an uncertain payoff over time and information is assumed fixed. However, in HTA decision uncertainty relates to information (evidence) on the distribution of INMB. This article demonstrates that the option value of delaying decisions to allow collection of further evidence can be estimated as the expected value of sample of information (EVSI). For irreversible decisions, delay and trial (DT) is demonstrated to be preferred to adopt and no trial (AN) when the EVSI exceeds expected costs of information, including expected opportunity costs of not treating patients with the new therapy. For reversible decisions, adopt and trial (AT) becomes a potentially optimal strategy, but costs of reversal are shown to reduce the EVSI of this strategy due to both a lower probability of reversal being optimal and lower payoffs when reversal is optimal. Hence, decision makers are generally shown to face joint research and reimbursement decisions (AN, DT and AT), with the optimal choice dependent on costs of reversal as well as opportunity costs of delay and the distribution of prior INMB.

  13. Factoring out nondecision time in choice reaction time data: Theory and implications.

    PubMed

    Verdonck, Stijn; Tuerlinckx, Francis

    2016-03-01

    Choice reaction time (RT) experiments are an invaluable tool in psychology and neuroscience. A common assumption is that the total choice response time is the sum of a decision and a nondecision part (time spent on perceptual and motor processes). While the decision part is typically modeled very carefully (commonly with diffusion models), a simple and ad hoc distribution (mostly uniform) is assumed for the nondecision component. Nevertheless, it has been shown that the misspecification of the nondecision time can severely distort the decision model parameter estimates. In this article, we propose an alternative approach to the estimation of choice RT models that elegantly bypasses the specification of the nondecision time distribution by means of an unconventional convolution of data and decision model distributions (hence called the D*M approach). Once the decision model parameters have been estimated, it is possible to compute a nonparametric estimate of the nondecision time distribution. The technique is tested on simulated data, and is shown to systematically remove traditional estimation bias related to misspecified nondecision time, even for a relatively small number of observations. The shape of the actual underlying nondecision time distribution can also be recovered. Next, the D*M approach is applied to a selection of existing diffusion model application articles. For all of these studies, substantial quantitative differences with the original analyses are found. For one study, these differences radically alter its final conclusions, underlining the importance of our approach. Additionally, we find that strongly right skewed nondecision time distributions are not at all uncommon. (c) 2016 APA, all rights reserved).

  14. Diagnosing Expertise: Human Capital, Decision Making, and Performance among Physicians

    PubMed Central

    Currie, Janet; MacLeod, W. Bentley

    2017-01-01

    Expert performance is often evaluated assuming that good experts have good outcomes. We examine expertise in medicine and develop a model that allows for two dimensions of physician performance: decision making and procedural skill. Better procedural skill increases the use of intensive procedures for everyone, while better decision making results in a reallocation of procedures from fewer low-risk to high-risk cases. We show that poor diagnosticians can be identified using administrative data and that improving decision making improves birth outcomes by reducing C-section rates at the bottom of the risk distribution and increasing them at the top of the distribution. PMID:29276336

  15. An Investigation of Data Overload in Team-Based Distributed Cognition Systems

    ERIC Educational Resources Information Center

    Hellar, David Benjamin

    2009-01-01

    The modern military command center is a hybrid system of computer automated surveillance and human oriented decision making. In these distributed cognition systems, data overload refers simultaneously to the glut of raw data processed by information technology systems and the dearth of actionable knowledge useful to human decision makers.…

  16. Probabilistic Decision Making with Spikes: From ISI Distributions to Behaviour via Information Gain.

    PubMed

    Caballero, Javier A; Lepora, Nathan F; Gurney, Kevin N

    2015-01-01

    Computational theories of decision making in the brain usually assume that sensory 'evidence' is accumulated supporting a number of hypotheses, and that the first accumulator to reach threshold triggers a decision in favour of its associated hypothesis. However, the evidence is often assumed to occur as a continuous process whose origins are somewhat abstract, with no direct link to the neural signals - action potentials or 'spikes' - that must ultimately form the substrate for decision making in the brain. Here we introduce a new variant of the well-known multi-hypothesis sequential probability ratio test (MSPRT) for decision making whose evidence observations consist of the basic unit of neural signalling - the inter-spike interval (ISI) - and which is based on a new form of the likelihood function. We dub this mechanism s-MSPRT and show its precise form for a range of realistic ISI distributions with positive support. In this way we show that, at the level of spikes, the refractory period may actually facilitate shorter decision times, and that the mechanism is robust against poor choice of the hypothesized data distribution. We show that s-MSPRT performance is related to the Kullback-Leibler divergence (KLD) or information gain between ISI distributions, through which we are able to link neural signalling to psychophysical observation at the behavioural level. Thus, we find the mean information needed for a decision is constant, thereby offering an account of Hick's law (relating decision time to the number of choices). Further, the mean decision time of s-MSPRT shows a power law dependence on the KLD offering an account of Piéron's law (relating reaction time to stimulus intensity). These results show the foundations for a research programme in which spike train analysis can be made the basis for predictions about behavior in multi-alternative choice tasks.

  17. Probabilistic Decision Making with Spikes: From ISI Distributions to Behaviour via Information Gain

    PubMed Central

    Caballero, Javier A.; Lepora, Nathan F.; Gurney, Kevin N.

    2015-01-01

    Computational theories of decision making in the brain usually assume that sensory 'evidence' is accumulated supporting a number of hypotheses, and that the first accumulator to reach threshold triggers a decision in favour of its associated hypothesis. However, the evidence is often assumed to occur as a continuous process whose origins are somewhat abstract, with no direct link to the neural signals - action potentials or 'spikes' - that must ultimately form the substrate for decision making in the brain. Here we introduce a new variant of the well-known multi-hypothesis sequential probability ratio test (MSPRT) for decision making whose evidence observations consist of the basic unit of neural signalling - the inter-spike interval (ISI) - and which is based on a new form of the likelihood function. We dub this mechanism s-MSPRT and show its precise form for a range of realistic ISI distributions with positive support. In this way we show that, at the level of spikes, the refractory period may actually facilitate shorter decision times, and that the mechanism is robust against poor choice of the hypothesized data distribution. We show that s-MSPRT performance is related to the Kullback-Leibler divergence (KLD) or information gain between ISI distributions, through which we are able to link neural signalling to psychophysical observation at the behavioural level. Thus, we find the mean information needed for a decision is constant, thereby offering an account of Hick's law (relating decision time to the number of choices). Further, the mean decision time of s-MSPRT shows a power law dependence on the KLD offering an account of Piéron's law (relating reaction time to stimulus intensity). These results show the foundations for a research programme in which spike train analysis can be made the basis for predictions about behavior in multi-alternative choice tasks. PMID:25923907

  18. Accelerated development in Johnsongrass seedlings (Sorghum halepense) suppresses the growth of native grasses through size-asymmetric competition

    PubMed Central

    Meckel, Heather; Reichmann, Lara G.; Polley, H. Wayne; Fay, Philip A.

    2017-01-01

    Invasive plant species often dominate native species in competition, augmenting other potential advantages such as release from natural enemies. Resource pre-emption may be a particularly important mechanism for establishing dominance over competitors of the same functional type. We hypothesized that competitive success of an exotic grass against native grasses is mediated by establishing an early size advantage. We tested this prediction among four perennial C4 warm-season grasses: the exotic weed Johnsongrass (Sorghum halepense), big bluestem (Andropogon gerardii), little bluestem (Schizachyrium scoparius) and switchgrass (Panicum virgatum). We predicted that a) the competitive effect of Johnsongrass on target species would be proportional to their initial biomass difference, b) competitive effect and response would be negatively correlated and c) soil fertility would have little effect on competitive relationships. In a greenhouse, plants of the four species were grown from seed either alone or with one Johnsongrass neighbor at two fertilizer levels and periodically harvested. The first two hypotheses were supported: The seedling biomass of single plants at first harvest (50 days after seeding) ranked the same way as the competitive effect of Johnsongrass on target species: Johnsongrass < big bluestem < little bluestem/switchgrass, while Johnsongrass responded more strongly to competition from Johnsongrass than from native species. At final harvest, native plants growing with Johnsongrass attained between 2–5% of their single-plant non-root biomass, while Johnsongrass growing with native species attained 89% of single-plant non-root biomass. Fertilization enhanced Johnsongrass’ competitive effects on native species, but added little to the already severe competitive suppression. Accelerated early growth of Johnsongrass seedlings relative to native seedlings appeared to enable subsequent resource pre-emption. Size-asymmetric competition and resource-pre-emption may be a critical mechanism by which exotic invasive species displace functionally similar native species and alter the functional dynamics of native communities. PMID:28467488

  19. Accelerated development in Johnsongrass seedlings (Sorghum halepense) suppresses the growth of native grasses through size-asymmetric competition.

    PubMed

    Schwinning, Susanne; Meckel, Heather; Reichmann, Lara G; Polley, H Wayne; Fay, Philip A

    2017-01-01

    Invasive plant species often dominate native species in competition, augmenting other potential advantages such as release from natural enemies. Resource pre-emption may be a particularly important mechanism for establishing dominance over competitors of the same functional type. We hypothesized that competitive success of an exotic grass against native grasses is mediated by establishing an early size advantage. We tested this prediction among four perennial C4 warm-season grasses: the exotic weed Johnsongrass (Sorghum halepense), big bluestem (Andropogon gerardii), little bluestem (Schizachyrium scoparius) and switchgrass (Panicum virgatum). We predicted that a) the competitive effect of Johnsongrass on target species would be proportional to their initial biomass difference, b) competitive effect and response would be negatively correlated and c) soil fertility would have little effect on competitive relationships. In a greenhouse, plants of the four species were grown from seed either alone or with one Johnsongrass neighbor at two fertilizer levels and periodically harvested. The first two hypotheses were supported: The seedling biomass of single plants at first harvest (50 days after seeding) ranked the same way as the competitive effect of Johnsongrass on target species: Johnsongrass < big bluestem < little bluestem/switchgrass, while Johnsongrass responded more strongly to competition from Johnsongrass than from native species. At final harvest, native plants growing with Johnsongrass attained between 2-5% of their single-plant non-root biomass, while Johnsongrass growing with native species attained 89% of single-plant non-root biomass. Fertilization enhanced Johnsongrass' competitive effects on native species, but added little to the already severe competitive suppression. Accelerated early growth of Johnsongrass seedlings relative to native seedlings appeared to enable subsequent resource pre-emption. Size-asymmetric competition and resource-pre-emption may be a critical mechanism by which exotic invasive species displace functionally similar native species and alter the functional dynamics of native communities.

  20. Risky Group Decision-Making Method for Distribution Grid Planning

    NASA Astrophysics Data System (ADS)

    Li, Cunbin; Yuan, Jiahang; Qi, Zhiqiang

    2015-12-01

    With rapid speed on electricity using and increasing in renewable energy, more and more research pay attention on distribution grid planning. For the drawbacks of existing research, this paper proposes a new risky group decision-making method for distribution grid planning. Firstly, a mixing index system with qualitative and quantitative indices is built. On the basis of considering the fuzziness of language evaluation, choose cloud model to realize "quantitative to qualitative" transformation and construct interval numbers decision matrices according to the "3En" principle. An m-dimensional interval numbers decision vector is regarded as super cuboids in m-dimensional attributes space, using two-level orthogonal experiment to arrange points uniformly and dispersedly. The numbers of points are assured by testing numbers of two-level orthogonal arrays and these points compose of distribution points set to stand for decision-making project. In order to eliminate the influence of correlation among indices, Mahalanobis distance is used to calculate the distance from each solutions to others which means that dynamic solutions are viewed as the reference. Secondly, due to the decision-maker's attitude can affect the results, this paper defines the prospect value function based on SNR which is from Mahalanobis-Taguchi system and attains the comprehensive prospect value of each program as well as the order. At last, the validity and reliability of this method is illustrated by examples which prove the method is more valuable and superiority than the other.

  1. The value of thinly spread QALYs.

    PubMed

    Mortimer, Duncan

    2006-01-01

    A number of recent findings from the literature imply that the value of a QALY varies depending on the concentration or dispersion of that QALY over treated individuals. Given that funding decisions are currently made under either the assumption of distributive-neutrality or some combination of explicit decision criteria and implicit adjustment for distributional concerns, it is likely that substantial social welfare gains are available if distributional objectives could be more accurately reflected in funding decisions. This paper considers three alternative approaches to explicitly adjust for distributional concerns with regard to the concentration or dispersion of individual health gains. Including non-health arguments in the objective function by 'weighting' QALYs for distributional effects or imposing differential funding thresholds for interventions with different distributional effects might be considered first- and second-best solutions, and would likely deliver the greatest social welfare gains. However, there is some doubt that first- or second-best solutions would be: (i) feasible given current data gaps; and (ii) politically acceptable. Rather, a simple and transparent approach is suggested wherein the sponsors of interventions that deliver health gains that are of questionable 'welfare-significance' for the treated individual would be required to provide decision-makers with an estimate of willingness to pay for the QALYs in question and would only be eligible for funding in the event that the positive net present value criterion is met.

  2. On the additive effects of stimulus quality and word frequency in lexical decision: evidence for opposing interactive influences revealed by RT distributional analyses.

    PubMed

    Yap, Melvin J; Balota, David A; Tse, Chi-Shing; Besner, Derek

    2008-05-01

    The joint effects of stimulus quality and word frequency in lexical decision were examined in 4 experiments as a function of nonword type (legal nonwords, e.g., BRONE, vs. pseudohomophones, e.g., BRANE). When familiarity was a viable dimension for word-nonword discrimination, as when legal nonwords were used, additive effects of stimulus quality and word frequency were observed in both means and distributional characteristics of the response-time distributions. In contrast, when the utility of familiarity was undermined by using pseudohomophones, additivity was observed in the means but not in distributional characteristics. Specifically, opposing interactive effects in the underlying distribution were observed, producing apparent additivity in means. These findings are consistent with the suggestion that, when familiarity is deemphasized in lexical decision, cascaded processing between letter and word levels is in play, whereas, when familiarity is a viable dimension for word-nonword discrimination, processing is discrete.

  3. Individual vision and peak distribution in collective actions

    NASA Astrophysics Data System (ADS)

    Lu, Peng

    2017-06-01

    People make decisions on whether they should participate as participants or not as free riders in collective actions with heterogeneous visions. Besides of the utility heterogeneity and cost heterogeneity, this work includes and investigates the effect of vision heterogeneity by constructing a decision model, i.e. the revised peak model of participants. In this model, potential participants make decisions under the joint influence of utility, cost, and vision heterogeneities. The outcomes of simulations indicate that vision heterogeneity reduces the values of peaks, and the relative variance of peaks is stable. Under normal distributions of vision heterogeneity and other factors, the peaks of participants are normally distributed as well. Therefore, it is necessary to predict distribution traits of peaks based on distribution traits of related factors such as vision heterogeneity and so on. We predict the distribution of peaks with parameters of both mean and standard deviation, which provides the confident intervals and robust predictions of peaks. Besides, we validate the peak model of via the Yuyuan Incident, a real case in China (2014), and the model works well in explaining the dynamics and predicting the peak of real case.

  4. Rapid Decisions From Experience

    PubMed Central

    Zeigenfuse, Matthew D.; Pleskac, Timothy J.; Liu, Taosheng

    2014-01-01

    In many everyday decisions, people quickly integrate noisy samples of information to form a preference among alternatives that offer uncertain rewards. Here, we investigated this decision process using the Flash Gambling Task (FGT), in which participants made a series of choices between a certain payoff and an uncertain alternative that produced a normal distribution of payoffs. For each choice, participants experienced the distribution of payoffs via rapid samples updated every 50 ms. We show that people can make these rapid decisions from experience and that the decision process is consistent with a sequential sampling process. Results also reveal a dissociation between these preferential decisions and equivalent perceptual decisions where participants had to determine which alternatives contained more dots on average. To account for this dissociation, we developed a sequential sampling rank-dependent utility model, which showed that participants in the FGT attended more to larger potential payoffs than participants in the perceptual task despite being given equivalent information. We discuss the implications of these findings in terms of computational models of preferential choice and a more complete understanding of experience-based decision making. PMID:24549141

  5. Optimal dynamic control of resources in a distributed system

    NASA Technical Reports Server (NTRS)

    Shin, Kang G.; Krishna, C. M.; Lee, Yann-Hang

    1989-01-01

    The authors quantitatively formulate the problem of controlling resources in a distributed system so as to optimize a reward function and derive optimal control strategies using Markov decision theory. The control variables treated are quite general; they could be control decisions related to system configuration, repair, diagnostics, files, or data. Two algorithms for resource control in distributed systems are derived for time-invariant and periodic environments, respectively. A detailed example to demonstrate the power and usefulness of the approach is provided.

  6. Competition along productivity gradients: news from heathlands.

    PubMed

    Delerue, Florian; Gonzalez, Maya; Achat, David L; Puzos, Luc; Augusto, Laurent

    2018-05-01

    The importance of competition in low productive habitats is still debated. Studies which simultaneously evaluate preemption of resources and consequences for population dynamics are needed for a comprehensive view of competitive outcomes. We cultivated two emblematic species of European heathlands (Calluna vulgaris and Molinia caerulea) in a nursery for 2 years at two fertility levels, reproducing the productivity gradient found in phosphorus (P)-depleted heathlands in southwest France. The second year, we planted Ulex europaeus seedlings, a ubiquitous heathland species, under the cover of the two species to evaluate its ability to regenerate. Half of the seedlings were placed in tubes for exclusion of competitor roots. We measured the development of the competitors aboveground and belowground and their interception of resources (light, water, inorganic P). Ulex seedlings' growth and survival were also measured. Our results on resources interception were consistent with species distribution in heathlands. Molinia, which dominates rich heathlands, was the strongest competitor for light and water in the rich soil. Calluna, which dominates poor heathlands, increased its root allocation in the poor soil, decreasing water and inorganic P availability. However, the impact of total competition and root competition on Ulex seedlings decreased in the poor soil. Other mechanisms, especially decrease of water stress under neighbouring plant cover, appeared to have more influence on the seedlings' response. We found no formal contradiction between Tilman and Grime's theories. Root competition has a primary role in acquisition of soil resources in poor habitats. However, the importance of competition decreases with decreasing fertility.

  7. The death of distinctions: From 9/11 to Abu Ghraib.

    PubMed

    Moon, John Ellis van Courtland

    2004-09-01

    War, the great simplifier, is the inevitable enemy of distinctions, especially when conflicts evoke survival fears, sounding echoes from humanity's environment of evolutionary adaptation. Throughout the twentieth century, attackers and targets grew more distant, weaponry grew more destructive, and distinctions -- between combatants and civilians, between legitimate and protected targets, between defensive and offensive strategies, between the innocent and the guilty -- faded. In the twenty-first century's first major conflict, "the war against terror," distinctions have faded still further, making nearly indistinguishable the frontier between preemption and prevention and between interrogation and torture. Proclaimed a "new type of war" in which old rules and customary safeguards would often be inapplicable, this conflict quickly came to be characterized by political embarrassment and operational scandal.

  8. 76 FR 43549 - Office of Thrift Supervision Integration; Dodd-Frank Act Implementation

    Federal Register 2010, 2011, 2012, 2013, 2014

    2011-07-21

    ...The Office of the Comptroller of the Currency (OCC) is adopting amendments to its regulations governing organization and functions, availability and release of information, post-employment restrictions for senior examiners, and assessment of fees to incorporate the transfer of certain functions of the Office of Thrift Supervision (OTS) to the OCC pursuant to Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act. The OCC also is amending its rules pertaining to preemption and visitorial powers to implement various sections of the Act; change in control of credit card banks and trust banks to implement section 603 of the Act; and deposit- taking by uninsured Federal branches to implement section 335 of the Act.

  9. Preemption of the Galaxy by the first advanced civilization

    NASA Astrophysics Data System (ADS)

    Bracewell, R.

    The progress of intelligent life in the Galaxy is discussed in terms of life's propensity to inhabit every suitable niche, and consideration is given to the human role. It is shown that an advanced civilization could communicate either by radio, interstellar probe, or by other means than have yet to be identified. However, contact has not been observed, except for human efforts. Furthermore, terrestrial history demonstrates that the advent of one tool-capable and traveling population results in that species' expansion to all viable territories. The spread of the population occurs in much shorter time than does the evolution of the species, indicating that, perhaps, humans are the first intelligent species in the Galaxy, and may be the future population of the Galaxy.

  10. Soft context clustering for F0 modeling in HMM-based speech synthesis

    NASA Astrophysics Data System (ADS)

    Khorram, Soheil; Sameti, Hossein; King, Simon

    2015-12-01

    This paper proposes the use of a new binary decision tree, which we call a soft decision tree, to improve generalization performance compared to the conventional `hard' decision tree method that is used to cluster context-dependent model parameters in statistical parametric speech synthesis. We apply the method to improve the modeling of fundamental frequency, which is an important factor in synthesizing natural-sounding high-quality speech. Conventionally, hard decision tree-clustered hidden Markov models (HMMs) are used, in which each model parameter is assigned to a single leaf node. However, this `divide-and-conquer' approach leads to data sparsity, with the consequence that it suffers from poor generalization, meaning that it is unable to accurately predict parameters for models of unseen contexts: the hard decision tree is a weak function approximator. To alleviate this, we propose the soft decision tree, which is a binary decision tree with soft decisions at the internal nodes. In this soft clustering method, internal nodes select both their children with certain membership degrees; therefore, each node can be viewed as a fuzzy set with a context-dependent membership function. The soft decision tree improves model generalization and provides a superior function approximator because it is able to assign each context to several overlapped leaves. In order to use such a soft decision tree to predict the parameters of the HMM output probability distribution, we derive the smoothest (maximum entropy) distribution which captures all partial first-order moments and a global second-order moment of the training samples. Employing such a soft decision tree architecture with maximum entropy distributions, a novel speech synthesis system is trained using maximum likelihood (ML) parameter re-estimation and synthesis is achieved via maximum output probability parameter generation. In addition, a soft decision tree construction algorithm optimizing a log-likelihood measure is developed. Both subjective and objective evaluations were conducted and indicate a considerable improvement over the conventional method.

  11. Limits in decision making arise from limits in memory retrieval.

    PubMed

    Giguère, Gyslain; Love, Bradley C

    2013-05-07

    Some decisions, such as predicting the winner of a baseball game, are challenging in part because outcomes are probabilistic. When making such decisions, one view is that humans stochastically and selectively retrieve a small set of relevant memories that provides evidence for competing options. We show that optimal performance at test is impossible when retrieving information in this fashion, no matter how extensive training is, because limited retrieval introduces noise into the decision process that cannot be overcome. One implication is that people should be more accurate in predicting future events when trained on idealized rather than on the actual distributions of items. In other words, we predict the best way to convey information to people is to present it in a distorted, idealized form. Idealization of training distributions is predicted to reduce the harmful noise induced by immutable bottlenecks in people's memory retrieval processes. In contrast, machine learning systems that selectively weight (i.e., retrieve) all training examples at test should not benefit from idealization. These conjectures are strongly supported by several studies and supporting analyses. Unlike machine systems, people's test performance on a target distribution is higher when they are trained on an idealized version of the distribution rather than on the actual target distribution. Optimal machine classifiers modified to selectively and stochastically sample from memory match the pattern of human performance. These results suggest firm limits on human rationality and have broad implications for how to train humans tasked with important classification decisions, such as radiologists, baggage screeners, intelligence analysts, and gamblers.

  12. Limits in decision making arise from limits in memory retrieval

    PubMed Central

    Giguère, Gyslain; Love, Bradley C.

    2013-01-01

    Some decisions, such as predicting the winner of a baseball game, are challenging in part because outcomes are probabilistic. When making such decisions, one view is that humans stochastically and selectively retrieve a small set of relevant memories that provides evidence for competing options. We show that optimal performance at test is impossible when retrieving information in this fashion, no matter how extensive training is, because limited retrieval introduces noise into the decision process that cannot be overcome. One implication is that people should be more accurate in predicting future events when trained on idealized rather than on the actual distributions of items. In other words, we predict the best way to convey information to people is to present it in a distorted, idealized form. Idealization of training distributions is predicted to reduce the harmful noise induced by immutable bottlenecks in people’s memory retrieval processes. In contrast, machine learning systems that selectively weight (i.e., retrieve) all training examples at test should not benefit from idealization. These conjectures are strongly supported by several studies and supporting analyses. Unlike machine systems, people’s test performance on a target distribution is higher when they are trained on an idealized version of the distribution rather than on the actual target distribution. Optimal machine classifiers modified to selectively and stochastically sample from memory match the pattern of human performance. These results suggest firm limits on human rationality and have broad implications for how to train humans tasked with important classification decisions, such as radiologists, baggage screeners, intelligence analysts, and gamblers. PMID:23610402

  13. Trade-off decisions in distribution utility management

    NASA Astrophysics Data System (ADS)

    Slavickas, Rimas Anthony

    As a result of the "unbundling" of traditional monopolistic electricity generation and transmission enterprises into a free-market economy, power distribution utilities are faced with very difficult decisions pertaining to electricity supply options and quality of service to the customers. The management of distribution utilities has become increasingly complex, versatile, and dynamic to the extent that conventional, non-automated management tools are almost useless and obsolete. This thesis presents a novel and unified approach to managing electricity supply options and quality of service to customers. The technique formulates the problem in terms of variables, parameters, and constraints. An advanced Mixed Integer Programming (MIP) optimization formulation is developed together with novel, logical, decision-making algorithms. These tools enable the utility management to optimize various cost components and assess their time-trend impacts, taking into account the intangible issues such as customer perception, customer expectation, social pressures, and public response to service deterioration. The above concepts are further generalized and a Logical Proportion Analysis (LPA) methodology and associated software have been developed. Solutions using numbers are replaced with solutions using words (character strings) which more closely emulate the human decision-making process and advance the art of decision-making in the power utility environment. Using practical distribution utility operation data and customer surveys, the developments outlined in this thesis are successfully applied to several important utility management problems. These involve the evaluation of alternative electricity supply options, the impact of rate structures on utility business, and the decision of whether to continue to purchase from a main grid or generate locally (partially or totally) by building Non-Utility Generation (NUG).

  14. DOE Office of Scientific and Technical Information (OSTI.GOV)

    Essiari, Abdelilah; Mudumbai, Srilehka; Thompson, Mary

    Akenti is an authorization service for distributed resources. The authorization policy is kept in distributed certificates signed by one or more stakeholders for the resources. The package consists of the following components: Java GUI tools to create and sign the policy certificates C++ libraries to do make acess decisions based on the policy certificates A standalone authorization server that make access decisions C interfaces to the libraries and server

  15. Alternative Future Fleet Platform Architecture Study

    DTIC Science & Technology

    2016-10-27

    establishing sea control - projecting power - winning decisively To accomplish these missions, the Navy Project Team derived a ‘Distributed...allies and partners, and deter potential aggressors. The Distributed Fleet was further conceived to deliver decisive combat power , as part of a joint...global information system – the information that rides on the servers, undersea cables, satellites, and wireless networks that increasingly envelop

  16. Decision Support System for hydrological extremes

    NASA Astrophysics Data System (ADS)

    Bobée, Bernard; El Adlouni, Salaheddine

    2014-05-01

    The study of the tail behaviour of extreme event distributions is important in several applied statistical fields such as hydrology, finance, and telecommunications. For example in hydrology, it is important to estimate adequately extreme quantiles in order to build and manage safe and effective hydraulic structures (dams, for example). Two main classes of distributions are used in hydrological frequency analysis: the class D of sub-exponential (Gamma (G2), Gumbel, Halphen type A (HA), Halphen type B (HB)…) and the class C of regularly varying distributions (Fréchet, Log-Pearson, Halphen type IB …) with a heavier tail. A Decision Support System (DSS) based on the characterization of the right tail, corresponding low probability of excedence p (high return period T=1/p, in hydrology), has been developed. The DSS allows discriminating between the class C and D and in its last version, a new prior step is added in order to test Lognormality. Indeed, the right tail of the Lognormal distribution (LN) is between the tails of distributions of the classes C and D; studies indicated difficulty with the discrimination between LN and distributions of the classes C and D. Other tools are useful to discriminate between distributions of the same class D (HA, HB and G2; see other communication). Some numerical illustrations show that, the DSS allows discriminating between Lognormal, regularly varying and sub-exponential distributions; and lead to coherent conclusions. Key words: Regularly varying distributions, subexponential distributions, Decision Support System, Heavy tailed distribution, Extreme value theory

  17. Sell in May and Go Away? Learning and Risk Taking in Nonmonotonic Decision Problems

    ERIC Educational Resources Information Center

    Frey, Renato; Rieskamp, Jörg; Hertwig, Ralph

    2015-01-01

    In nonmonotonic decision problems, the magnitude of outcomes can both increase and decrease over time depending on the state of the decision problem. These increases and decreases may occur repeatedly and result in a variety of possible outcome distributions. In many previously investigated sequential decision problems, in contrast, outcomes (or…

  18. Teaching medical students about fair distribution of healthcare resources

    PubMed Central

    Leget, C; Hoedemaekers, R

    2007-01-01

    Healthcare package decisions are complex. Different judgements about effectiveness, cost‐effectiveness and disease burden influence the decision‐making process. Moreover, different concepts of justice generate different ideas about fair distribution of healthcare resources. This paper presents a decision model that is used in medical school in order to familiarise medical students with the different concepts of justice and the ethical dimension of making concrete choices. The model is based on the four‐stage decision model developed in the Netherlands by the Dunning Committee and the discussion that followed its presentation in 1991. Having to deal with 10 medical services, students working with the model learn to discern and integrate four different ideas of distributive justice that are integrated in a flow chart: libertarian, communitarian, egalitarian and utilitarian. PMID:18055907

  19. An RT distribution analysis of relatedness proportion effects in lexical decision and semantic categorization reveals different mechanisms.

    PubMed

    de Wit, Bianca; Kinoshita, Sachiko

    2015-01-01

    The magnitude of the semantic priming effect is known to increase as the proportion of related prime-target pairs in an experiment increases. This relatedness proportion (RP) effect was studied in a lexical decision task at a short prime-target stimulus onset asynchrony (240 ms), which is widely assumed to preclude strategic prospective usage of the prime. The analysis of the reaction time (RT) distribution suggested that the observed RP effect reflected a modulation of a retrospective semantic matching process. The pattern of the RP effect on the RT distribution found here is contrasted to that reported in De Wit and Kinoshita's (2014) semantic categorization study, and it is concluded that the RP effect is driven by different underlying mechanisms in lexical decision and semantic categorization.

  20. Societal values in the allocation of healthcare resources: is it all about the health gain?

    PubMed

    Stafinski, Tania; Menon, Devidas; Marshall, Deborah; Caulfield, Timothy

    2011-01-01

    Over the past decade, public distrust in unavoidable value-laden decisions on the allocation of resources to new health technologies has grown. In response, healthcare organizations have made considerable efforts to improve their acceptability by increasing transparency in decision-making processes. However, the social value judgments (distributive preferences of the public) embedded in them have yet to be defined. While the need to explicate such judgments has become widely recognized, the most appropriate approach to accomplishing this remains unclear. The aims of this review were to identify factors around which distributive preferences of the public have been sought, create a list of social values proposed or used in current resource allocation decision-making processes for new health technologies, and review approaches to eliciting such values from the general public. Social values proposed or used in making resource allocation decisions for new health technologies were identified through three approaches: (i) a comprehensive review of published, peer-reviewed, empirical studies of public preferences for the distribution of healthcare; (ii) an analysis of non-technical factors or social value statements considered by technology funding decision-making processes in Canada and abroad; and (iii) a review of appeals to funding decisions on grounds in part related to social value judgments. A total of 34 empirical studies, 10 technology funding decision-making processes, and 12 appeals to decisions were identified and reviewed. The key factors/patient characteristics addressed through policy statements and around which distributive preferences of the public have been sought included severity of illness, immediate need, age (and its relationship to lifetime health), health gain (amount and final outcome/health state), personal responsibility for illness, caregiving responsibilities, and number of patients who could benefit (rarity). Empirical studies typically examined the importance of these factors in isolation. Therefore, the extent to which preferences around one factor may be modified in the presence of others is still unclear. Research that seeks to clarify interactions among factors by asking the public to weigh several of them at once is needed to ensure the relevance of elicited preferences to real-world technology funding decisions.

  1. Young children are more willing to accept group decisions in which they have had a voice.

    PubMed

    Grocke, Patricia; Rossano, Federico; Tomasello, Michael

    2018-02-01

    People accept an unequal distribution of resources if they judge that the decision-making process was fair. In this study, 3- and 5-year-old children played an allocation game with two puppets. The puppets decided against a fair distribution in all conditions, but they allowed children to have various degrees of participation in the decision-making process. Children of both ages protested less when they were first asked to agree with the puppets' decision compared with when there was no agreement. When ignored, the younger children protested less than the older children-perhaps because they did not expect to have a say in the process-whereas they protested more when they were given an opportunity to voice their opinion-perhaps because their stated opinion was ignored. These results suggest that during the preschool years, children begin to expect to be asked for their opinion in a decision, and they accept disadvantageous decisions if they feel that they have had a voice in the decision-making process. Copyright © 2017 Elsevier Inc. All rights reserved.

  2. Incorporating location, routing, and inventory decisions in a bi-objective supply chain design problem with risk-pooling

    NASA Astrophysics Data System (ADS)

    Tavakkoli-Moghaddam, Reza; Forouzanfar, Fateme; Ebrahimnejad, Sadoullah

    2013-07-01

    This paper considers a single-sourcing network design problem for a three-level supply chain. For the first time, a novel mathematical model is presented considering risk-pooling, the inventory existence at distribution centers (DCs) under demand uncertainty, the existence of several alternatives to transport the product between facilities, and routing of vehicles from distribution centers to customer in a stochastic supply chain system, simultaneously. This problem is formulated as a bi-objective stochastic mixed-integer nonlinear programming model. The aim of this model is to determine the number of located distribution centers, their locations, and capacity levels, and allocating customers to distribution centers and distribution centers to suppliers. It also determines the inventory control decisions on the amount of ordered products and the amount of safety stocks at each opened DC, selecting a type of vehicle for transportation. Moreover, it determines routing decisions, such as determination of vehicles' routes starting from an opened distribution center to serve its allocated customers and returning to that distribution center. All are done in a way that the total system cost and the total transportation time are minimized. The Lingo software is used to solve the presented model. The computational results are illustrated in this paper.

  3. Quantum decision-maker theory and simulation

    NASA Astrophysics Data System (ADS)

    Zak, Michail; Meyers, Ronald E.; Deacon, Keith S.

    2000-07-01

    A quantum device simulating the human decision making process is introduced. It consists of quantum recurrent nets generating stochastic processes which represent the motor dynamics, and of classical neural nets describing the evolution of probabilities of these processes which represent the mental dynamics. The autonomy of the decision making process is achieved by a feedback from the mental to motor dynamics which changes the stochastic matrix based upon the probability distribution. This feedback replaces unavailable external information by an internal knowledge- base stored in the mental model in the form of probability distributions. As a result, the coupled motor-mental dynamics is described by a nonlinear version of Markov chains which can decrease entropy without an external source of information. Applications to common sense based decisions as well as to evolutionary games are discussed. An example exhibiting self-organization is computed using quantum computer simulation. Force on force and mutual aircraft engagements using the quantum decision maker dynamics are considered.

  4. Windows of Opportunity: East Timor and Australian Strategic Decision Making (1975-1999)

    DTIC Science & Technology

    2014-06-01

    could not be further from the truth. Australia has always been consistent, adjusting its foreign policy to take advantage of shifting international ... International Security. Cambridge; New York: Cambridge University Press, 2003. Carey, P. B. R, and G. Carter Bentley. East Timor at the Crossroads: The...DISTRIBUTION A. Approved for public release: distribution unlimited. WINDOWS OF OPPORTUNITY: EAST TIMOR AND AUSTRALIAN STRATEGIC DECISION

  5. Putting It All Together: A Unified Account of Word Recognition and Reaction-Time Distributions

    ERIC Educational Resources Information Center

    Norris, Dennis

    2009-01-01

    R. Ratcliff, P. Gomez, and G. McKoon (2004) suggested much of what goes on in lexical decision is attributable to decision processes and may not be particularly informative about word recognition. They proposed that lexical decision should be characterized by a decision process, taking the form of a drift-diffusion model (R. Ratcliff, 1978), that…

  6. Coordinating complex decision support activities across distributed applications

    NASA Technical Reports Server (NTRS)

    Adler, Richard M.

    1994-01-01

    Knowledge-based technologies have been applied successfully to automate planning and scheduling in many problem domains. Automation of decision support can be increased further by integrating task-specific applications with supporting database systems, and by coordinating interactions between such tools to facilitate collaborative activities. Unfortunately, the technical obstacles that must be overcome to achieve this vision of transparent, cooperative problem-solving are daunting. Intelligent decision support tools are typically developed for standalone use, rely on incompatible, task-specific representational models and application programming interfaces (API's), and run on heterogeneous computing platforms. Getting such applications to interact freely calls for platform independent capabilities for distributed communication, as well as tools for mapping information across disparate representations. Symbiotics is developing a layered set of software tools (called NetWorks! for integrating and coordinating heterogeneous distributed applications. he top layer of tools consists of an extensible set of generic, programmable coordination services. Developers access these services via high-level API's to implement the desired interactions between distributed applications.

  7. Attitudes of Germans towards distributive issues in the German health system.

    PubMed

    Ahlert, Marlies; Pfarr, Christian

    2016-05-01

    Social health care systems are inevitably confronted with the scarcity of resources and the resulting distributional challenges. Since prioritization implies distributional effects, decisions regarding respective rules should take citizens' preferences into account. In this study we concentrate on two distributive issues in the German health system: firstly, we analyze the acceptance of prioritizing decisions concerning the treatment of certain patient groups, in this case patients who all need a heart operation. We focus on the patient criteria smoking behavior, age and whether the patient has or does not have young children. Secondly, we investigate Germans' opinions towards income-dependent health services. The results reveal the strong effects of individuals' attitudes regarding general aspects of the health system on priorities, e.g. that individuals with an unhealthy lifestyle should not be prioritized. In addition, experience of limited access to health services is found to have a strong influence on citizens' attitudes, too. Finally, decisions on different prioritization criteria are found to be not independent.

  8. Limitations to the Use of Species-Distribution Models for Environmental-Impact Assessments in the Amazon.

    PubMed

    Carneiro, Lorena Ribeiro de A; Lima, Albertina P; Machado, Ricardo B; Magnusson, William E

    2016-01-01

    Species-distribution models (SDM) are tools with potential to inform environmental-impact studies (EIA). However, they are not always appropriate and may result in improper and expensive mitigation and compensation if their limitations are not understood by decision makers. Here, we examine the use of SDM for frogs that were used in impact assessment using data obtained from the EIA of a hydroelectric project located in the Amazon Basin in Brazil. The results show that lack of knowledge of species distributions limits the appropriate use of SDM in the Amazon region for most target species. Because most of these targets are newly described and their distributions poorly known, data about their distributions are insufficient to be effectively used in SDM. Surveys that are mandatory for the EIA are often conducted only near the area under assessment, and so models must extrapolate well beyond the sampled area to inform decisions made at much larger spatial scales, such as defining areas to be used to offset the negative effects of the projects. Using distributions of better-known species in simulations, we show that geographical-extrapolations based on limited information of species ranges often lead to spurious results. We conclude that the use of SDM as evidence to support project-licensing decisions in the Amazon requires much greater area sampling for impact studies, or, alternatively, integrated and comparative survey strategies, to improve biodiversity sampling. When more detailed distribution information is unavailable, SDM will produce results that generate uncertain and untestable decisions regarding impact assessment. In many cases, SDM is unlikely to be better than the use of expert opinion.

  9. Limitations to the Use of Species-Distribution Models for Environmental-Impact Assessments in the Amazon

    PubMed Central

    Carneiro, Lorena Ribeiro de A.; Lima, Albertina P.; Machado, Ricardo B.; Magnusson, William E.

    2016-01-01

    Species-distribution models (SDM) are tools with potential to inform environmental-impact studies (EIA). However, they are not always appropriate and may result in improper and expensive mitigation and compensation if their limitations are not understood by decision makers. Here, we examine the use of SDM for frogs that were used in impact assessment using data obtained from the EIA of a hydroelectric project located in the Amazon Basin in Brazil. The results show that lack of knowledge of species distributions limits the appropriate use of SDM in the Amazon region for most target species. Because most of these targets are newly described and their distributions poorly known, data about their distributions are insufficient to be effectively used in SDM. Surveys that are mandatory for the EIA are often conducted only near the area under assessment, and so models must extrapolate well beyond the sampled area to inform decisions made at much larger spatial scales, such as defining areas to be used to offset the negative effects of the projects. Using distributions of better-known species in simulations, we show that geographical-extrapolations based on limited information of species ranges often lead to spurious results. We conclude that the use of SDM as evidence to support project-licensing decisions in the Amazon requires much greater area sampling for impact studies, or, alternatively, integrated and comparative survey strategies, to improve biodiversity sampling. When more detailed distribution information is unavailable, SDM will produce results that generate uncertain and untestable decisions regarding impact assessment. In many cases, SDM is unlikely to be better than the use of expert opinion. PMID:26784891

  10. Modernizing Distribution System Restoration to Achieve Grid Resiliency Against Extreme Weather Events: An Integrated Solution

    DOE Office of Scientific and Technical Information (OSTI.GOV)

    Chen, Chen; Wang, Jianhui; Ton, Dan

    Recent severe power outages caused by extreme weather hazards have highlighted the importance and urgency of improving the resilience of the electric power grid. As the distribution grids still remain vulnerable to natural disasters, the power industry has focused on methods of restoring distribution systems after disasters in an effective and quick manner. The current distribution system restoration practice for utilities is mainly based on predetermined priorities and tends to be inefficient and suboptimal, and the lack of situational awareness after the hazard significantly delays the restoration process. As a result, customers may experience an extended blackout, which causes largemore » economic loss. On the other hand, the emerging advanced devices and technologies enabled through grid modernization efforts have the potential to improve the distribution system restoration strategy. However, utilizing these resources to aid the utilities in better distribution system restoration decision-making in response to extreme weather events is a challenging task. Therefore, this paper proposes an integrated solution: a distribution system restoration decision support tool designed by leveraging resources developed for grid modernization. We first review the current distribution restoration practice and discuss why it is inadequate in response to extreme weather events. Then we describe how the grid modernization efforts could benefit distribution system restoration, and we propose an integrated solution in the form of a decision support tool to achieve the goal. The advantages of the solution include improving situational awareness of the system damage status and facilitating survivability for customers. The paper provides a comprehensive review of how the existing methodologies in the literature could be leveraged to achieve the key advantages. The benefits of the developed system restoration decision support tool include the optimal and efficient allocation of repair crews and resources, the expediting of the restoration process, and the reduction of outage durations for customers, in response to severe blackouts due to extreme weather hazards.« less

  11. The breakdown of coordinated decision making in distributed systems.

    PubMed

    Bearman, Christopher; Paletz, Susannah B F; Orasanu, Judith; Thomas, Matthew J W

    2010-04-01

    This article aims to explore the nature and resolution of breakdowns in coordinated decision making in distributed safety-critical systems. In safety-critical domains, people with different roles and responsibilities often must work together to make coordinated decisions while geographically distributed. Although there is likely to be a large degree of overlap in the shared mental models of these people on the basis of procedures and experience, subtle differences may exist. Study 1 involves using Aviation Safety Reporting System reports to explore the ways in which coordinated decision making breaks down between pilots and air traffic controllers and the way in which the breakdowns are resolved. Study 2 replicates and extends those findings with the use of transcripts from the Apollo 13 National Aeronautics and Space Administration space mission. Across both studies, breakdowns were caused in part by different types of lower-level breakdowns (or disconnects), which are labeled as operational, informational, or evaluative. Evaluative disconnects were found to be significantly harder to resolve than other types of disconnects. Considering breakdowns according to the type of disconnect involved appears to capture useful information that should assist accident and incident investigators. The current trend in aviation of shifting responsibilities and providing increasingly more information to pilots may have a hidden cost of increasing evaluative disconnects. The proposed taxonomy facilitates the investigation of breakdowns in coordinated decision making and draws attention to the importance of considering subtle differences between participants' mental models when considering complex distributed systems.

  12. Estimating the Expected Value of Sample Information Using the Probabilistic Sensitivity Analysis Sample

    PubMed Central

    Oakley, Jeremy E.; Brennan, Alan; Breeze, Penny

    2015-01-01

    Health economic decision-analytic models are used to estimate the expected net benefits of competing decision options. The true values of the input parameters of such models are rarely known with certainty, and it is often useful to quantify the value to the decision maker of reducing uncertainty through collecting new data. In the context of a particular decision problem, the value of a proposed research design can be quantified by its expected value of sample information (EVSI). EVSI is commonly estimated via a 2-level Monte Carlo procedure in which plausible data sets are generated in an outer loop, and then, conditional on these, the parameters of the decision model are updated via Bayes rule and sampled in an inner loop. At each iteration of the inner loop, the decision model is evaluated. This is computationally demanding and may be difficult if the posterior distribution of the model parameters conditional on sampled data is hard to sample from. We describe a fast nonparametric regression-based method for estimating per-patient EVSI that requires only the probabilistic sensitivity analysis sample (i.e., the set of samples drawn from the joint distribution of the parameters and the corresponding net benefits). The method avoids the need to sample from the posterior distributions of the parameters and avoids the need to rerun the model. The only requirement is that sample data sets can be generated. The method is applicable with a model of any complexity and with any specification of model parameter distribution. We demonstrate in a case study the superior efficiency of the regression method over the 2-level Monte Carlo method. PMID:25810269

  13. A normative inference approach for optimal sample sizes in decisions from experience

    PubMed Central

    Ostwald, Dirk; Starke, Ludger; Hertwig, Ralph

    2015-01-01

    “Decisions from experience” (DFE) refers to a body of work that emerged in research on behavioral decision making over the last decade. One of the major experimental paradigms employed to study experience-based choice is the “sampling paradigm,” which serves as a model of decision making under limited knowledge about the statistical structure of the world. In this paradigm respondents are presented with two payoff distributions, which, in contrast to standard approaches in behavioral economics, are specified not in terms of explicit outcome-probability information, but by the opportunity to sample outcomes from each distribution without economic consequences. Participants are encouraged to explore the distributions until they feel confident enough to decide from which they would prefer to draw from in a final trial involving real monetary payoffs. One commonly employed measure to characterize the behavior of participants in the sampling paradigm is the sample size, that is, the number of outcome draws which participants choose to obtain from each distribution prior to terminating sampling. A natural question that arises in this context concerns the “optimal” sample size, which could be used as a normative benchmark to evaluate human sampling behavior in DFE. In this theoretical study, we relate the DFE sampling paradigm to the classical statistical decision theoretic literature and, under a probabilistic inference assumption, evaluate optimal sample sizes for DFE. In our treatment we go beyond analytically established results by showing how the classical statistical decision theoretic framework can be used to derive optimal sample sizes under arbitrary, but numerically evaluable, constraints. Finally, we critically evaluate the value of deriving optimal sample sizes under this framework as testable predictions for the experimental study of sampling behavior in DFE. PMID:26441720

  14. Educational Goods and Values: A Framework for Decision Makers

    ERIC Educational Resources Information Center

    Brighouse, Harry; Ladd, Helen F.; Loeb, Susanna; Swift, Adam

    2016-01-01

    This article articulates a framework suitable for use when making decisions about education policy. Decision makers should establish what the feasible options are and evaluate them in terms of their contribution to the development, and distribution, of educational goods in children, balanced against the negative effect of policies on important…

  15. 43 CFR 4.201 - Definitions.

    Code of Federal Regulations, 2010 CFR

    2010-10-01

    ... means a person who is deceased. Decision or order (or decision and order) means: (1) A written document issued by a judge making determinations as to heirs, wills, devisees, and the claims of creditors, and ordering distribution of trust or restricted land or trust personalty; (2) The decision issued by an...

  16. Inhomogeneity of the density of Parascaris spp. eggs in faeces of individual foals and the use of hypothesis testing for treatment decision making.

    PubMed

    Wilkes, E J A; Cowling, A; Woodgate, R G; Hughes, K J

    2016-10-15

    Faecal egg counts (FEC) are used widely for monitoring of parasite infection in animals, treatment decision-making and estimation of anthelmintic efficacy. When a single count or sample mean is used as a point estimate of the expectation of the egg distribution over some time interval, the variability in the egg density is not accounted for. Although variability, including quantifying sources, of egg count data has been described, the spatiotemporal distribution of nematode eggs in faeces is not well understood. We believe that statistical inference about the mean egg count for treatment decision-making has not been used previously. The aim of this study was to examine the density of Parascaris eggs in solution and faeces and to describe the use of hypothesis testing for decision-making. Faeces from two foals with Parascaris burdens were mixed with magnesium sulphate solution and 30 McMaster chambers were examined to determine the egg distribution in a well-mixed solution. To examine the distribution of eggs in faeces from an individual animal, three faecal piles from a foal with a known Parascaris burden were obtained, from which 81 counts were performed. A single faecal sample was also collected daily from 20 foals on three consecutive days and a FEC was performed on three separate portions of each sample. As appropriate, Poisson or negative binomial confidence intervals for the distribution mean were calculated. Parascaris eggs in a well-mixed solution conformed to a homogeneous Poisson process, while the egg density in faeces was not homogeneous, but aggregated. This study provides an extension from homogeneous to inhomogeneous Poisson processes, leading to an understanding of why Poisson and negative binomial distributions correspondingly provide a good fit for egg count data. The application of one-sided hypothesis tests for decision-making is presented. Copyright © 2016 Elsevier B.V. All rights reserved.

  17. Groundwater Remediation using Bayesian Information-Gap Decision Theory

    NASA Astrophysics Data System (ADS)

    O'Malley, D.; Vesselinov, V. V.

    2016-12-01

    Probabilistic analyses of groundwater remediation scenarios frequently fail because the probability of an adverse, unanticipated event occurring is often high. In general, models of flow and transport in contaminated aquifers are always simpler than reality. Further, when a probabilistic analysis is performed, probability distributions are usually chosen more for convenience than correctness. The Bayesian Information-Gap Decision Theory (BIGDT) was designed to mitigate the shortcomings of the models and probabilistic decision analyses by leveraging a non-probabilistic decision theory - information-gap decision theory. BIGDT considers possible models that have not been explicitly enumerated and does not require us to commit to a particular probability distribution for model and remediation-design parameters. Both the set of possible models and the set of possible probability distributions grow as the degree of uncertainty increases. The fundamental question that BIGDT asks is "How large can these sets be before a particular decision results in an undesirable outcome?". The decision that allows these sets to be the largest is considered to be the best option. In this way, BIGDT enables robust decision-support for groundwater remediation problems. Here we apply BIGDT to in a representative groundwater remediation scenario where different options for hydraulic containment and pump & treat are being considered. BIGDT requires many model runs and for complex models high-performance computing resources are needed. These analyses are carried out on synthetic problems, but are applicable to real-world problems such as LANL site contaminations. BIGDT is implemented in Julia (a high-level, high-performance dynamic programming language for technical computing) and is part of the MADS framework (http://mads.lanl.gov/ and https://github.com/madsjulia/Mads.jl).

  18. Assessment of Group Preferences and Group Uncertainty for Decision Making

    DTIC Science & Technology

    1976-06-01

    the individ- uals. decision making , group judgments should be preferred to individual judgments if obtaining group judgments costs more. -26- -YI IV... decision making group . IV. A. 3. Aggregation using conjugate distribution. Arvther procedure for combining indivi(jai probability judgments into a group...statisticized group group decision making group judgment subjective probability Delphi method expected utility nominal group 20. ABSTRACT (Continue on

  19. A Study on Factors Affecting Navy Officers’ Decisions to Pursue Funded Graduate Education: A Qualitative Approach

    DTIC Science & Technology

    2017-06-01

    Distribution is unlimited. A STUDY ON FACTORS AFFECTING NAVY OFFICERS’ DECISIONS TO PURSUE FUNDED GRADUATE EDUCATION: A QUALITATIVE APPROACH ...NAVAL POSTGRADUATE SCHOOL MONTEREY, CALIFORNIA THESIS Approved for public release. Distribution is unlimited. A STUDY ON FACTORS...REPORT DATE June 2017 3. REPORT TYPE AND DATES COVERED Master’s thesis 4. TITLE AND SUBTITLE A STUDY ON FACTORS AFFECTING NAVY OFFICERS

  20. Using Markov Decision Processes with Heterogeneous Queueing Systems to Examine Military MEDEVAC Dispatching Policies

    DTIC Science & Technology

    2017-03-23

    Air Force Institute of Technology AFIT Scholar Theses and Dissertations 3-23-2017 Using Markov Decision Processes with Heterogeneous Queueing Systems... TECHNOLOGY Wright-Patterson Air Force Base, Ohio DISTRIBUTION STATEMENT A APPROVED FOR PUBLIC RELEASE; DISTRIBUTION UNLIMITED. The views expressed in...POLICIES THESIS Presented to the Faculty Department of Operational Sciences Graduate School of Engineering and Management Air Force Institute of Technology

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