alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Amendment to the Company's 2000 Long-Term Incentive Plan



 Exhibit 10.74 
  
 FIRST AMENDMENT TO THE 
 SHURGARD STORAGE CENTERS, INC. 
 2000 LONG-TERM INCENTIVE PLAN 
  
 WHEREAS, Shurgard Storage Centers, Inc. (the “Company”), maintains
and sponsors the Shurgard Storage Centers, Inc. 2000 Long-Term Incentive Plan (the “Plan”) for the benefit of its eligible employees and the eligible employees of its subsidiaries; and 
  
 WHEREAS, the Board of Directors of the Company (the “Board”) has
the authority to amend the Plan at any time pursuant to Section 18.1 of the Plan; and 
  
 WHEREAS, the Board has determined that it is in the best interests of the Company to amend the Plan. 
  
 NOW, THEREFORE, the Plan is hereby amended as follows: 
  
 1. A new Section 2.6(d) shall be added to state: 
  
 “(d) The occupying of a majority of the seats (other than vacant seats) on the Board by individuals who
were neither nominated or appointed by a majority of the Incumbent Directors; or” 
  
 2. A new Section 2.6(e) shall be added to state: 
  
 “(e) The acquisition, directly or indirectly, by any Person of beneficial ownership of 15% or more of
the combined voting power of the then outstanding voting securities of the Company entitled to vote generally in the election of directors, which acquisition is not approved in advance by a majority of the Incumbent Directors.” 
  
 3. “Incumbent Director” shall be defined as
follows: 
  
 “INCUMBENT DIRECTOR 

 
 “Incumbent Director” means a member of the
Board who has been either (a) nominated by a majority of the directors of the Company then in office, or (b) appointed by directors so nominated, but excluding, for this purpose, any such individual whose initial assumption of office
occurs as a result of either an actual or threatened election contest (as such terms are used in Rule 14a-11 of Regulation 14A promulgated under the Exchange Act) or other actual or threatened solicitation of proxies or consents by or on behalf of a
Person other than the Board.” 
  
 4.
“Person” shall be defined as follows: 
  
 “PERSON 
  
 “Person”
means any individual, entity or group (as such term is used in Section 13(d)(3) or 14(d)(2) of the Exchange Act).” 







 5. Governing Law. This First Amendment shall be construed and governed by the laws
of the State of Washington, without giving effect to conflicts of laws principles thereof which might refer such interpretations to the laws of a different state or jurisdiction. 
  
 6. Full Force and Effect of the Plan. Except as specifically amended herein, all other provisions of
the Plan shall remain in full force and effect in accordance with its terms. All references in the Plan to “the Plan” shall be deemed to refer to the Plan as amended by this First Amendment. 
  

 - 2 -
800 Independence Ave., S.W. 

Washington, DC 20591 

October 28, 2011 

Mr. P.B. Ross 

P.O. Box 17 

Grant City, MO 64456 

Dear Mr. Ross: 

This letter is in response to your November 12, 2010, petition for rulemaking to add 

§§ 121.214 and 121.321 to Title 14, Code of Federal Regulations (14 CFR), requiring 

airplanes with an entry door height less than 6 feet 1 inch to be equipped with a 

removable head protection device. This device is to be installed and removed when 

loading and unloading the airplane. 

We use the following criteria to determine which petitions for rulemaking are of 

sufficient priority to initiate a rulemaking action: 

1) the immediacy of the safety concerns the petition raises; 

2) the priority of other Federal Aviation Administration (FAA) rulemaking issues; 

and 

3) the resources we have available to address these issues. 

Your petition for rulemaking relates to passenger enplaning and deplaning and would 

provide no added benefit to safety of flight or passenger safety during flight. Your 

product can be used by the airlines without regulatory requirements. 

Based on the information above, we have determined that you have not raised a safety 

concern and this is not a regulatory issue. 

In consideration of the foregoing and pursuant to the authority contained in 49 U.S.C. 

§§ 40113 and 44701, delegated to me by the Administrator, your petition for rulemaking 

is hereby denied. 

Accordingly, we will close Docket No. FAA-2010-1176. 

Sincerely, 

/s/ 

John M. Allen 

Director, Flight Standards Service
### §2000e–16b. Discriminatory practices prohibited

#### (a) Practices

All personnel actions affecting the Presidential appointees described in section 1219 1 of title 2 or the State employees described in section 2000e–16c of this title shall be made free from any discrimination based on—

(1) race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of this title;

(2) age, within the meaning of section 633a of title 29; or

(3) disability, within the meaning of section 791 of title 29 and sections 12112 to 12114 of this title.

#### (b) Remedies

The remedies referred to in sections 1219(a)(1) 1 of title 2 and 2000e–16c(a) of this title—

(1) may include, in the case of a determination that a violation of subsection (a)(1) or (a)(3) has occurred, such remedies as would be appropriate if awarded under sections 2000e–5(g), 2000e–5(k), and 2000e–16(d) of this title, and such compensatory damages as would be appropriate if awarded under section 1981 or sections 1981a(a) and 1981a(b)(2) of this title;

(2) may include, in the case of a determination that a violation of subsection (a)(2) has occurred, such remedies as would be appropriate if awarded under section 633a(c) of title 29; and

(3) may not include punitive damages.

(Pub. L. 102–166, title III, §302, Nov. 21, 1991, 105 Stat. 1088; Pub. L. 104–1, title V, §504(a)(1), Jan. 23, 1995, 109 Stat. 40.)

#### **Editorial Notes**

#### References in Text

Section 1219 of title 2, referred to in text, was repealed by Pub. L. 104–331, §5(a), Oct. 26, 1996, 110 Stat. 4072.

#### Codification

Section was enacted as part of the Government Employee Rights Act of 1991, and not as part of the Civil Rights Act of 1964, title VII of which comprises this subchapter.

Section was formerly classified to section 1202 of Title 2, The Congress.

#### Amendments

1994—Pub. L. 104–1 amended section generally. Prior to amendment, text read as follows: "All personnel actions affecting employees of the Senate shall be made free from any discrimination based on—

"(1) race, color, religion, sex, or national origin, within the meaning of section 2000e–16 of this title;

"(2) age, within the meaning of section 633a of title 29; or

"(3) handicap or disability, within the meaning of section 791 of title 29 and sections 12112 to 12114 of this title."

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section effective Nov. 21, 1991, except as otherwise provided, see section 402 of Pub. L. 102–166, set out as an Effective Date of 1991 Amendment note under section 1981 of this title.

1 See References in Text note below.
#### Cynthia A. R. Roe, Appellant, v Robert Batson, Respondent.

In an action on a contract, plaintiff appeals from so much of an order of the Supreme Court, Suffolk County, entered September 7, 1977, as denied her motion for summary judgment. Order affirmed insofar as appealed from, with $50 costs and disbursements. No opinion. Latham, Damiani and Titone,

JJ., concur; Hopkins, J. P., dissents and votes to reverse the order insofar as it has been appealed from, grant plaintiff’s motion for summary judgment and direct an assessment of damages, with the following memorandum: A child was born to the plaintiff on November 6, 1966. On February 20, 1967 the defendant consented to the entry on the child’s birth certificate of the fact that he was the father of the child, and the birth certificate was so amended. On February 28, 1967 the defendant agreed in writing to pay the plaintiff’s expenses incident to the birth, the expenses of the child from birth to the date of the agreement, and the sum of $15 weekly for the support of the child until she attained the age of 21, or the plaintiff married, whichever was sooner. This action is brought to recover the sum of $8,065, representing arrears under the agreement since its inception, less the sum of $530 paid by the defendant. The defendant alleges that he is the victim of a fraudulent claim that he was the father of plaintiff’s child; that he signed the agreement under duress while unrepresented by counsel; and that he stopped payments under the agreement when his wife discovered it, and paid thereafter only $100 on demand of the plaintiff. The agreement is, of course, supported by the consideration arising from the obligation imposed by the relationship (see *Todd v Weber,*95 NY 181, 189; *Burger v Neumann,*189 Mise 88, affd 272 App Div 1016). There is no duress recognized as a legal defense because the plaintiff, or mother of the child, undertook to obtain support for the child, and that as a result the defendant might be exposed as the father *(Schumm v Berg, 37*Cal 2d 174; *Fiege v Boehm,*210 Md 352). The claim of deception at this late date fails because the defendant recognized the agreement by making payments under it, with full knowledge of the facts he now asserts. Whether the amount of arrears is correct as alleged in the complaint, or whether the defendant has made further payments, as he claims, may be ascertained at the assessment of damages.
99 UPL 99.9 UPL

m=1 m=1

1. Oxy Pasadena, TX

2. Formosa LA

3. Shintech Freeport, TX

4. Oxy Deer Park, TX

5. Shintech Plaquemine, LA

99 UPL 99.9 UPL

m=1 m=1

PVC 1. Oxy Pasadena, TX 0.43 1.8

Resins VC Top Performer

Vinyl Chloride

13 Monthly Averages

 (New Source)

Vinyl Chloride Determination Using 13 Month Data Set

Resins VC Top 5

Vinyl Chloride 

13 Monthly Averages

 (Existing Source)

PVC 3.1 11
#### § 146.200 Application.

Except as provided in §§ 146.205 through 146.235(a), these Title IX regulations apply to every recipient and to each education program or activity operated by such recipient that receives Federal financial assistance.
§ 230.135 Notice of proposed registered offerings. ( a ) *When notice is not an offer.* For purposes of section 5 of the Act (15 U.S.C. 77e) only, an issuer or a selling security holder (and any person acting on behalf of either of them) that publishes through any medium a notice of a proposed offering to be registered under the Act will not be deemed to offer its securities for sale through that notice if: ( 1 ) *Legend.* The notice includes a statement to the effect that it does not constitute an offer of any securities for sale; and
( 2 ) *Limited notice content.* The notice otherwise includes no more than the following information: ( i ) The name of the issuer;
( ii ) The title, amount and basic terms of the securities offered;
( iii ) The amount of the offering, if any, to be made by selling security holders;
( iv ) The anticipated timing of the offering;
( v ) A brief statement of the manner and the purpose of the offering, without naming the underwriters;
( vi ) Whether the issuer is directing its offering to only a particular class of purchasers;
( vii ) Any statements or legends required by the laws of any state or foreign country or administrative authority; and
( viii ) In the following offerings, the notice may contain additional information, as follows: ( A ) *Rights offering.* In a rights offering to existing security holders: ( 1 ) The class of security holders eligible to subscribe;
( 2 ) The subscription ratio and expected subscription price;
( 3 ) The proposed record date;
( 4 ) The anticipated issuance date of the rights; and
( 5 ) The subscription period or expiration date of the rights offering.
( B ) *Offering to employees.* In an offering to employees of the issuer or an affiliated company: ( 1 ) The name of the employer;
( 2 ) The class of employees being offered the securities;
( 3 ) The offering price; and
( 4 ) The duration of the offering period.
( C ) *Exchange offer.* In an exchange offer: ( 1 ) The basic terms of the exchange offer;
( 2 ) The name of the subject company;
( 3 ) The subject class of securities sought in the exchange offer.
( D ) *Rule 145(a) offering.* In a § 230.145(a) offering: ( 1 ) The name of the person whose assets are to be sold in exchange for the securities to be offered;
( 2 ) The names of any other parties to the transaction;
( 3 ) A brief description of the business of the parties to the transaction;
( 4 ) The date, time and place of the meeting of security holders to vote on or consent to the transaction; and
( 5 ) A brief description of the transaction and the basic terms of the transaction.
( b ) *Corrections of misstatements about the offering.* A person that publishes a notice in reliance on this section may issue a notice that contains no more information than is necessary to correct inaccuracies published about the proposed offering.
Note to § 230.135 :
Communications under this section relating to business combination transactions must be filed as required by § 230.425(b).
[64 FR 61449, Nov. 10, 1999]
#### ADDISON v. MOSS

No. 304P96

Case below: 122 N.C. App. 569

Petition by plaintiff for discretionary review pursuant to G.S. 7A-31 denied 5 December 1996.
I 

112TH CONGRESS 

2D SESSION H. R. 4151 

To provide for the conveyance of a small parcel of Bureau of Prisons land 

in Leon County, Florida. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2012 

Mr. SOUTHERLAND introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To provide for the conveyance of a small parcel of Bureau 

of Prisons land in Leon County, Florida. 

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

3 SECTION 1. CONVEYANCE REQUIRED. 

4 The Attorney General shall convey, without consider5 ation, to the Leon County, Florida (in this Act referred 

6 to as the ‘‘recipient’’), all right, title, and interest of the 

7 United States in and to a parcel of Bureau of Prisons 

8 land in Leon County, Florida, consisting of approximately 

9 9.1 acres of undeveloped land bounded by Easterwood 

10 Drive to the north, Tom Brown Park to the east, from 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•HR 4151 IH

1 Tom Brown Park to FCI Village Road to the south, and 

2 extending from FCI Village Road to Easterwood Drive to 

3 the west. 

4 SEC. 2. CONDITION OF CONVEYANCE. 

5 The conveyance under section 1 shall be subject to 

6 the condition that the recipient accept the real property 

7 described in such section in its condition at the time of 

8 the conveyance, commonly known as conveyance ‘‘as is’’. 

9 SEC. 3. DESCRIPTION OF PROPERTY. 

10 The exact acreage and legal description of the real 

11 property to be conveyed under section 1 shall be deter12 mined by a survey satisfactory to the Attorney General. 

13 The cost of the survey shall be borne by the recipient. 

14 SEC. 4. ADDITIONAL TERMS AND CONDITIONS. 

15 The Attorney General may require such additional 

16 terms and conditions in connection with the conveyance 

17 under section 1 as the Attorney General considers appro18 priate to protect the interests of the United States. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
#### § 1.2 Office of the Deputy Secretary of State.

The official flag indicative of the office of the Deputy Secretary of State shall be as follows: On a white rectangular field a blue disk bearing the official coat of arms of the United States adopted by act of June 20, 1782, in proper colors. In each of the four corners a five-pointed star with one point upward. The colors and automobile flag to be the same design, adding a blue fringe. For the colors a cord and tassel of white in accordance with military and naval customs.

[38 FR 30258, Nov. 2, 1973]
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

June 25, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-30163

Conference Calendar

 

WILLIE GEORGE MCDONALD,

Petitioner-Appellant,

versus

JOSEPH M. HARO,

Respondent-Appellee.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 02-CV-1785

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

Before DeMOSS, DENNIS, and PRADO, Circuit Judges.

PER CURIAM:*

Willie George McDonald, federal prisoner # 19369-077, has

filed a 28 U.S.C. § 2241 petition challenging his guilty-plea

conviction for distribution of heroin. He asserts that his

conviction and sentence are invalid under Apprendi v. New Jersey,

530 U.S. 466 (2000). Apprendi does not apply retroactively to

cases on collateral review, and an Apprendi violation does not

satisfy the test for filing a 28 U.S.C. § 2241 petition under the

“savings clause” of 28 U.S.C. § 2255. Wesson v. U.S.
No. 03-30163

-2-

Penitentiary Beaumont, Tex., 305 F.3d 343, 347-48 (5th Cir.

2002), cert. denied, 123 S. Ct. 1374 (2003). The judgment of the

district court is AFFIRMED.
§ 19.02 Reports pertaining to cotton on call purchases and sales. ( a ) *Information required.* Persons required to file CFTC Form 304 reports under § 19.00(a) shall file CFTC Form 304 reports showing the quantity of call cotton bought or sold on which the price has not been fixed, together with the respective futures on which the purchase or sale is based. As used herein, call cotton refers to spot cotton bought or sold, or contracted for purchase or sale at a price to be fixed later based upon a specified future.
( b ) *Time and place of filing reports.* Each CFTC Form 304 report shall be made weekly, dated as of the close of business on Friday, and filed not later than 9 a.m. Eastern Time on the third business day following that Friday using the format, coding structure, and electronic data transmission procedures approved in writing by the Commission.
#### Saram Amerling, Appellant, v. Nanette Guilford, Also Known as Nanette Gutman, et al., Respondents.

Order, dated June 21, 1960, as grants defendants-respondents’ motion for summary judgment dismissing the second cause of action in the complaint on the merits, severing the first cause of action pleaded in the complaint and directing that the action proceed only as to said first cause of action, affirmed, with $20 costs and disbursements to the respondents. Concur — Botein, P. J., Valente, Stevens and Eager, JJ.; McNally, J. dissents in the following memorandum: I dissent and vote to reverse the order granting summary judgment and to deny the motion. • There are present issues of fact with regard to the interpretation and construction of the assignments, and the assignor-respondent’s purpose to defeat them.
### §12880. Report

The Secretary shall no later than December 31, 1995, submit to the Congress a report setting forth—

(1) the number, type and cost of eligible properties transferred pursuant to this part;

(2) the income, race, gender, children and other characteristics of families participating (or not participating) in homeownership programs funded under this part;

(3) the amount and type of financial assistance provided under and in conjunction with this part;

(4) the amount of financial assistance provided under this part that was needed to ensure continued affordability and meet future maintenance and repair costs; and

(5) the recommendations of the Secretary for statutory and regulatory improvements to the program.

(Pub. L. 101–625, title IV, §431, Nov. 28, 1990, 104 Stat. 4172; Pub. L. 104–66, title I, §1072(a), Dec. 21, 1995, 109 Stat. 721.)

#### **Editorial Notes**

#### Amendments

1995—Pub. L. 104–66 in section catchline substituted "Report" for "Annual report", and in introductory provisions substituted "The Secretary shall no later than December 31, 1995," for "The Secretary shall annually".
###### Editorial Note on Part 248

#### Editorial Note:

Nomenclature changes to part 248 appear at 74 FR 40431, Aug. 11, 2009.

#### §§ 248.31-248.100 [Reserved]
Editorial Note on Part 142
Editorial Note: Nomenclature changes to part 142 appear at 68 FR 51359, Aug. 26, 2003.

§ 142.17 New construction. ( a ) *Design and construction.* Each facility or part of a facility constructed by, on behalf of, or for the use of a recipient shall be designed, constructed, and operated in a manner so that the facility or part of the facility is accessible to and usable by persons with handicaps, if the construction was commenced after the effective date of this part.
( b ) *Alteration.* Each facility or part of a facility which is altered by, on behalf of, or for the use of a recipient after the effective date of this part in a manner that effects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered so that the altered portion of the facility is readily accessible to and usable by persons with handicaps.
( c ) *Conformance with Uniform Federal Accessibility Standards.* ( 1 ) Effective as of January 18, 1991, design, construction, or alteration of buildings in conformance with sections 3-8 of the Uniform Federal Accessibility Standards (USAF) (appendix A to 41 CFR subpart 101-19.6) shall be deemed to comply with the requirements of this section with respect to those buildings. Departures from particular technical and scoping requirements of UFAS by the use of other methods are permitted where substantially equivalent or greater access to and usability of the building is provided.
( 2 ) For purposes of this section, section 4.1.6(1)(g) of UFAS shall be interpreted to exempt from the requirements of UFAS only mechanical rooms and other spaces that, because of their intended use, will not require accessibility to the public or beneficiaries or result in the employment or residence therein of persons with physical handicaps.
( 3 ) This section does not require recipients to make building alterations that have little likelihood of being accomplished without removing or altering a load-bearing structural member.
[55 FR 52138, 52140, Dec. 19, 1990]
§ 120.3 Policy on designating or determining defense articles and services on the U.S. Munitions List. ( a ) For purposes of this subchapter, a specific article or service may be designated a defense article (see § 120.31) or defense service (see § 120.32) if it: ( 1 ) Meets the criteria of a defense article or defense service on the U.S. Munitions List (USML) (part 121 of this subchapter); or
( 2 ) Provides the equivalent performance capabilities of a defense article on the USML.
( b ) For purposes of this subchapter, a specific article or service shall be determined in the future as a defense article or defense service if it provides a critical military or intelligence advantage such that it warrants control under this subchapter. Note 1 to paragraphs (a) and (b):
An article or service determined in the future pursuant to this subchapter as a defense article or defense service, but not currently on the USML, will be placed in Category XXI of § 121.1 of this subchapter until the appropriate category of the USML has been amended to provide the necessary entry.
( c ) A specific article or service is not a defense article or defense service for purposes of this subchapter if it: ( 1 ) Is determined to be under the jurisdiction of another department or agency of the U.S. Government (see § 120.5) pursuant to a commodity jurisdiction determination (see § 120.4) unless superseded by changes to the USML or by a subsequent commodity jurisdiction determination; or
( 2 ) Meets one of the criteria of § 120.41(b) when the article is used in or with a defense article and specially designed is used as a control criteria.
Note 2 to § 120.3 :
The intended use of the article or service after its export (*i.e.,* for a military or civilian purpose), by itself, is not a factor in determining whether the article or service is subject to the controls of this subchapter.