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II 

117TH CONGRESS 

1ST SESSION S. 3138 

To amend the Moving Ahead for Progress in the 21st Century Act to exempt 

covered farm vehicles from certain requirements, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 2, 2021 

Mr. MARSHALL (for himself and Mr. OSSOFF) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To amend the Moving Ahead for Progress in the 21st Century Act to exempt covered farm vehicles from certain 

requirements, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Covered Farm Vehicle 

5 Modernization Act of 2021’’. 

6 SEC. 2. EXEMPTIONS FOR COVERED FARM VEHICLES. 

7 Section 32934 of MAP–21 (49 U.S.C. 31136 note; 

8 Public Law 112–141) is amended— 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3138 IS

1 (1) in subsection (a), by adding at the end the 

2 following: 

3 ‘‘(6) Any requirement relating to registration 

4 under section 31134 of title 49, United States Code, 

5 including any requirement relating to a USDOT 

6 number under that section. 

7 ‘‘(7) Any requirement relating to registration 

8 under the unified carrier registration agreement (as 

9 defined in section 14504a(a) of title 49, United 

10 States Code).’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1), by redesignating 

13 subparagraphs (A) and (B) as clauses (i) and 

14 (ii), respectively, and indenting appropriately; 

15 (B) in paragraph (2), by striking ‘‘Para16 graph (1)’’ and inserting ‘‘Subparagraph (A)’’; 

17 (C) by redesignating paragraphs (1) and 

18 (2) as subparagraphs (A) and (B), respectively, 

19 and indenting appropriately; 

20 (D) by inserting before subparagraph (A) 

21 (as so designated) the following: 

22 ‘‘(1) FEDERAL TRANSPORTATION FUNDING.—’’; 

23 and 

24 (E) by adding at the end the following: 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3138 IS

1 ‘‘(2) IFTA REQUIREMENTS.—A covered farm 

2 vehicle and the individual operating that covered 

3 farm vehicle shall be exempt from any requirement 

4 relating to a license under the International Fuel 

5 Tax Agreement (as defined in section 31701 of title 

6 49, United States Code).’’; and 

7 (3) in subsection (c)(1)(B), by striking 

8 ‘‘26,001’’ each place it appears and inserting 

9 ‘‘36,001’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### Kurt Cuomo et al., Respondents, v Mahopac National Bank, Appellant.

[774 NYS2d 779]

*622In an action to recover damages for breach of contract and breach of fiduciary duty, the defendant appeals from an order of the Supreme Court, Putnam County (Hickman, J.), dated March 14, 2003, which denied its motion, in effect, pursuant to CPLR 3211 (a) (7) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

It is a primary rule of contract construction that “when parties set down their agreement in a clear, complete document, their writing should as a rule be enforced according to its terms” (W.W.W. *Assoc. v Giancontieri,*77 NY2d 157, 162 [1990]; *Matter of Korsinsky v Tax Commr., City of N.Y.,*300 AD2d 306 [2002]). Moreover, “[interpretation of an unambiguous contract provision is a function for the court, and matters extrinsic to the agreement may not be considered when the intent of the parties can be gleaned from the face of the instrument” *(Teitelbaum Holdings v Gold,*48 NY2d 51, 56 [1979]; *see Matter of Korinsky v Tax Commr., City of N.Y., supra; Lamont v Story Book Homes,*288 AD2d 351, 351-352 [2001]).

Here, the construction loan agreement (hereinafter the agreement) between the plaintiffs, as borrowers, and the defendant bank, unambiguously required the plaintiffs to assume responsibility for the selection of an appropriate builder, and provided that all inspections and other services rendered by the defendant would be solely for its own protection, and not for the protection of the plaintiffs. Moreover, “the usual obligation and duty of a construction lender does not require supervision of the construction project” *(Amsterdam Sav. Bank v Marine Midland Bank,*121 AD2d 815, 817 [1986]), and the agreement did not obligate the defendant to ensure that the builder hired by the plaintiffs properly performed its duties before the defendant honored the builder’s requests for disbursement of construction funds (see *Davis v Chessari,*239 AD2d 457 [1997]). Accordingly, the plaintiffs’ breach of contract claim, which seeks damages for the costs allegedly incurred by the plaintiff in hiring a second builder to complete their home, failed to state a cause of action against the defendant.

Furthermore, the arm’s length contractual relationship between the plaintiffs and the defendant did not give rise to a fiduciary relationship *(see River Glen Assoc. v Merrill Lynch Credit Corp.,*295 AD2d 274 [2002]; *WIT Holding Corp. v Klein,*282 AD2d 527 [2001]; *Wiener v Lazard Freres & Co.,*241 AD2d 114 [1998]). Thus, the complaint failed to state a cause of action to recover damages for breach of fiduciary duty. Altman, J.P., Krausman, H. Miller and Cozier, JJ., concur.
Exhibit 32.2  Certification  Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned hereby certifies that:  (1) I have reviewed the Quarterly Report on Form 10-Q of Inland Land Appreciation Fund II, L.P.  (the "Report") to which this statement is an Exhibit;  (2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and  (3) The information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of Inland Land Appreciation Fund II, L.P.  By:Inland Real Estate Investment CorporationGeneral PartnerBy:/s/ Donna UrbainName:Donna UrbainTitle:Principal Financial Officer with respect to Inland Land Appreciation Fund II, L.P.Date:May 7, 2009
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

DONNIS TURNER FOSTER, ) ) Appellant, ) ) v. ) Case No. 2D15-3151 ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ )

Opinion filed August 2, 2017.

Appeal from the Circuit Court for Hillsborough County; Thomas P. Barber, Judge.

Ita M. Neymotin, Regional Counsel, Second District, and Joseph Thye Sexton, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Susan D. Dunlevy, Assistant Attorney General, Tampa, for Appellee.

PER CURIAM.

The State has properly conceded that we must reverse Donnis F oster's

conviction for possession of marijuana. We do so and remand wi th directions to vacate

that conviction. We affirm the judgment and sentences in all o ther respects.- 2 - Affirmed in part, reversed in part, and remanded with instruc tions.

NORTHCUTT, KELLY, and MORRIS, JJ., Concur.
**Exhibit 12.2**
**Section 906 Certification**
Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350,chapter 63 of title 18, United States Code), the undersigned officer of The Governor and Company ofthe Bank of Ireland, a chartered corporation incorporated under the laws of Ireland (“Bank ofIreland”), hereby certifies, to such officer’s knowledge, that:
The Annual Report on Form 20-F for the year ended 31 March 2005 (the “Report”) of 2005 fullycomplies with the requirements of section 13(a) of the Securities Exchange Act of 1934 andinformation contained in the Report fairly presents, in all material respects, the financialcondition and results of operations of Bank of Ireland.      Date:
Exhibit 12.1  Section 302 Certification  I, Richie Boucher, certify that:  1.I have reviewed this annual report on Form 20-F of Bank of Ireland;  2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3.Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the company as of, and for, the periods presented in this report;  4.The companys other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the company and have:  (a)Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  (b)Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;  (c)Evaluated the effectiveness of the companys disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (d)Disclosed in this report any change in the companys internal control over financial reporting that occurred during the period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the companys internal control over financial reporting;  5.The companys other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the companys auditors and the audit committee of the companys board of directors (or persons performing the equivalent functions):  (a)All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the companys ability to record, process, summarize and report financial information; and  (b)Any fraud, whether or not material, that involves management or other employees who have a significant role in the companys internal control over financial reporting.  Date: 31 March 2014Richie Boucher/s/Richie BoucherName:
Richie BoucherTitle:
Group Chief ExecutiveBank of Ireland
Exhibit 99.1

Statement of Chief Executive Officer

Pursuant to Section 1350 of Title 18 of the United States Code

 

Pursuant to Section 1350 of Title 18 of the United States Code, I, Robert D. Parks, the Chief Executive Officer of Inland Land Appreciation Fund II, L.P. (the "Company"), hereby certify that:

(1) I have reviewed the Quarterly Report on Form 10-Q of the Company (the "Report") to which this statement is an Exhibit;

(2) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(3) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

/S/____________________________________

Name: Robert D. Parks

Title: Chief Executive Officer

Date: August 2, 2002
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in section 552b(c)(4) and 552b(c)(6), title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         Eunice Kennedy Shriver National Institute of Child Health and Human Development Special Emphasis Panel; Repository of Mouse Models for Cytogenetic Disorders.                    

*Date:*                         April 30, 2015.                    

*Time:*                         1:00 p.m. to 4:00 p.m.                    

*Agenda:*                         To review and evaluate concept review.                    

*Place:*                         National Institutes of Health, 6100 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).                    

*Contact Person:*                         Sathasiva B. Kandasamy, Ph.D.; Scientific Review Officer; Scientific Review Branch; Eunice Kennedy Shriver National Institute of Child Health and Human Development; NIH, 6100 Executive Boulevard; Room 5B01; Bethesda, MD 20892-9304; (301) 435-6680;                         *skandasa@mail.nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program; National Institutes of Health, HHS)

Dated: March 31, 2015.

Michelle Trout,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2015-07742 Filed 4-3-15; 8:45 am]

BILLING CODE 4140-01-P
P. 1 

# OAR Box 1796 Prepped byKeeia Richards

Document

Number: 

# 59 ) VI-B-1 0 Docket Number: 

# A-90-3 7

Printed 10/31/2008 4:20:37PM

Sheet 59 of 107P. 2 A-90-3 7 VI-B-1 0 Thi s documen t

ha s bee nmove dt o IV-E-2 8 a t th e reques t

o f th e projec t officer . I t

wa s incorrectl y categoriz eoriginally .
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Defense Acquisition Regulations System

          - [Docket Number DARS-2015-0017]
          - 48 CFR Part 216

# AGENCY:

Defense Acquisition Regulations System, Department of Defense (DoD).

# ACTION:

Final rule.

# SUMMARY:

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

# DATES:

Effective April 6, 2015.

# FOR FURTHER INFORMATION CONTACT:

Mr. Manuel Quinones, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6088; facsimile 571-372-6094.

# SUPPLEMENTARY INFORMATION:

This final rule amends the DFARS at 216.401-70 to delete the reference to PGI 216.401-70, which has been removed.

# List of Subjects in 48 CFR Part 216

      - Government procurement

Manuel Quinones,

Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR part 216 is amended as follows:

# PART 216—TYPES OF CONTRACTS

1. The authority citation for 48 CFR part 216 continues to read as follows:

Authority:41 U.S.C. 1303 and 48 CFR chapter 1.

216.401-70

2. Amend section 216.401-70 by removing “In order to comply with this statutory requirement, follow the procedures at PGI 216.401-70.” 

[FR Doc. 2015-07834 Filed 4-3-15; 8:45 am]

 BILLING CODE 5001-06-P
CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

      In  connection  with  the  Quarterly  Report  of  Superclick,   Inc.  (the
"Company") on Form 10-QSB for the quarter ending July 31, 2004 as filed with the
Securities and Exchange  Commission on the date hereof (the "Periodic  Report"),
I, John Glazik, Chief Executive Officer of the Company,  certify, pursuant to 18
U.S.C.  Section 1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley
Act of 2002, that:

      1. the Periodic  Report fully  complies with the  requirements  of Section
13(a) or 15(d) of the Securities Exchange Act of 1934;

      and

      2. the information  contained in the Periodic Report fairly  presents,  in
all material respects,  the financial condition and results of operations of the
Company.

Dated:  September 7, 2004              /s/ John Glazik
                                       -----------------------------------------
                                           Name  John Glazik
                                           Title CEO
Exhibit 11

                       AZTAR CORPORATION AND SUBSIDIARIES
              STATEMENT REGARDING COMPUTATION OF PER SHARE EARNINGS
          For the periods ended October 2, 1997 and September 26, 1996
         ---------------------------------------------------------------
                      (in thousands, except per share data)


                                        Third Quarter       Nine Months     
                                     ------------------  ------------------ 
                                       1997      1996      1997      1996   
                                     --------  --------  --------  -------- 
Net income                           $  3,243  $     47  $  9,349  $    856 
Deduct: preferred stock dividend 
 and losses on redemption (net of 
 income taxes credited to retained 
 earnings)                               (152)     (177)     (480)     (501)
                                     --------  --------  --------  -------- 

Net income applicable to 
 computation                         $  3,091  $   (130) $  8,869  $    355 
                                     ========  ========  ========  ======== 
Weighted average common shares 
 assuming no dilution                  45,164    42,518    45,097    39,738 
  Common equivalent shares
   Additional shares applicable to 
     stock options based on the 
     weighted average market price        625     1,186       671     1,140 
                                     --------  --------  --------  -------- 
Weighted average common shares 
 applicable to net income per 
 common and common equivalent 
 share                                 45,789    43,704    45,768    40,878 

   Shares applicable to stock 
     options based on exercises 
     during the period and/or 
     the market close price at 
     the end of the period                 67         3        37        29 

  Conversion of preferred stock at 
   the stated rate                        901       953       915       966 
                                     --------  --------  --------  -------- 
Weighted average common shares 
 assuming full dilution                46,757    44,660    46,720    41,873 
                                     ========  ========  ========  ======== 

Net income per common and common 
 equivalent share                    $    .07  $     --  $    .19  $    .01 

Net income per common share 
 assuming full dilution              $    .07  $     --  $    .19  $    .01
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


Washington, D.C. 20549





FORM 8-K




CURRENT REPORT


PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934





Date of Report (Date of earliest event reported) June 14, 2011









DENNY’S CORPORATION


(Exact name of registrant as specified in its charter)





Delaware
0-18051
13-3487402(State or other jurisdiction of
Commission File No.
(I.R.S. EmployerIncorporation or organization

Identification No.)





203 East Main Street


Spartanburg, South Carolina 29319-0001


(Address of principal executive offices)


(Zip Code)





(864) 597-8000


(Registrant’s telephone number, including area code)




Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligations of the registrant under any of the following provisions:




[    ]  Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)




[    ]  Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)




[    ]  Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))




[    ]  Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))









Item 8.01. Other Events.
 
 Denny’s Corporation (the “Company”) today announced the adoption a pre-arranged stock trading plan for the purpose of repurchasing a limited number of the Company’s common stock in accordance with guidelines specified under Rule 10b5-1 of the Securities Exchange Act of 1934 and the Company’s policies regarding stock transactions. This plan has been established in accordance with, and as a part of, the Company’s stock repurchase program previously announced on April 4, 2011. Repurchases under the Company’s 10b5-1 plan will be administered through an independent broker. The plan will cover the repurchase of shares commencing no earlier than June 20, 2011 and expiring November 21, 2011. Repurchases are subject to SEC regulations as well as certain price, market volume and timing constraints specified in the plan.









SIGNATURES




Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.






Denny's CorporationDate: June 14, 2011
/s/  F. Mark WolfingerF. Mark WolfingerExecutive Vice President,Chief Administrative Officer andChief Financial Officer