alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Subcom Report Q3 2023

Fees & Surcharges
2022/Q2 - Rail Jurisdiction

- Excess Dwell Fees

2022/Q3 - Early Return Date (ERD)

2022/Q4 - Government Holds

2023/Q2 - Comments to NPRM on D&D Billing (rail)

F&S Subcom Recommendations
• NSAC 2022/Q2 recommendation

- To expand FMC scope to include oversight over all charges on 

through-bills of lading.

Response: Such expansion would take an act of Congress...

• NSAC 2023/Q2 comments added to D&D Billing NPRM

 - Tweak definition of demurrage to include all land storage

 - Suggests compelling rail operators to invoice ocean carriers 

directly as the properly contracted party 

 Status: Under consideration by FMC

Rail Storage Recomendations
• STB has no authority over contract carriage per Staggers Act

• STB has intermodal exemption per USC 10501 and 10502

• FMC claims jurisdiction on through bills to inland 

destinations over Common Carriers, MTOs, and OTIs but no 

operational authority over other unregulated entities (rail)

Rail Storage Jurisdiction – Current Status
• Proposed at USWC ports – but not implemented port-wide

• Implemented by specific terminals only

• Recommended review if such charges can be extended to 

account of cargo

Response: The reasonableness of the dwell fees is evaluated against the 

standard in § 41102(c) and the interpretative rule. 

Recommendation: Excess Dwell Fees
• The ERD date applicable for a shipment will be the one in effect 

at the time the empty container is picked up.

• Any subsequent changes in ERD will not result in D&D.

Response: The reasonableness of the fees related to ERD changes is 

evaluated against the standard in § 41102(c) and the interpretative rule. 

Additionally, the Commission is undertaking a rulemaking aimed at 

strengthening requirements for reasonable and timely dispute resolution 

with respect to all demurrage and detention invoices received by shippers. 

Recommendation: Early Return Date 
• Change in thinking on Government Holds where all stakeholders share in 

expenses, by eliminating punitive fees, while reflecting more asset cost.

• Terminals and/or VOCCs agree to invoice, and shippers agree to pay, up to 

25% of the contracted or published [D&D] amount for any storage days 

required by government holds and/or inspections. 

Response: The Commission thanks the NSAC for this recommendation 

and will take it into consideration, including as part of the implementation 

of the Ocean Shipping Reform Act of 2022. 

Recommendation: Government Holds
Discussion ?
Thank you!
Exhibit
10.17


FIRST AMENDMENT


TO


PUT AND
CALL OPTION AGREEMENT


THIS FIRST AMENDMENT TO PUT AND CALL AGREEMENT (this “First
Amendment”), dated as of the 10th day of April, 2007 is entered into by and
between Discus Holdings, Inc., a California corporation (“Discus”) and American
Medical Technology, Inc, a Delaware corporation (“AMT”).


RECITALS


WHEREAS, Discus
and AMT entered into a certain Put and Call Option Agreement dated April 11,
2006 (“P&C Agreement”);


WHEREAS,
the P&C Agreement provides that neither party may exercise their respective
Option (as defined in therein) before April 11, 2007;


WHEREAS,
the parties wish to extend the date to which the parties may not exercise their
Option in accordance with the terms stated in this First Amendment.


AGREEMENT


 NOW, THEREFORE,
in consideration of the covenants set forth in this Agreement, and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree, represent and warrant as follows:


1)             Extension of Time to Exercise
Option.  Subsection (c) of Section
1.6 is hereby voided and replaced with the following:


“Time.  Neither party may exercise their respective
Option before May 11, 2007.  The Options
shall terminate and expire on the thirtieth (30) day after the earlier to occur
of (x) the termination or expiration of the License Agreement or (y) 5 years
from the date hereof.”


2)             Integration.  Except as to the extension of time, as
explicitly stated in this First Amendment, the parties do not make any further
modification to the P&C Agreement and all terms stated therein shall govern
and control.



 1
 









IN WITNESS WHEREOF, the parties
have caused this Agreement to be executed by their respective duly authorized
officers as of the date first written above.


	
  

  	
  AMERICAN MEDICAL TECHNOLOGIES,INC.,

  a Delaware corporation

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Judd D. Hoffman

  
	
   

  	
  Name:

  	
  Judd D. Hoffman

  
	
   

  	
  Title:

  	
  President & CEO

  
	
   

  	
   

  	
   

  
	
   

  	
  DISCUS HOLDINGS, INC.,

  a California corporation 

  
	
   

  	
   

  
	
   

  	
  By:

  	
  /s/ Michael Treiman

  
	
   

  	
  Name:

  	
  Michael Treiman

  
	
   

  	
  Title:

  	
  General Counsel & Secretary

  



 



 2
[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Notices]
[Page 50459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23597]


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

POSTAL SERVICE


Product Change--Priority Mail Express, Priority Mail, and First-
Class Package Service Negotiated Service Agreement

AGENCY: Postal Service<SUP>TM</SUP>.

ACTION: Notice.

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

SUMMARY: The Postal Service gives notice of filing a request with the 
Postal Regulatory Commission to add a domestic shipping services 
contract to the list of Negotiated Service Agreements in the Mail 
Classification Schedule's Competitive Products List.

DATES: Date of notice required under 39 U.S.C. 3642(d)(1): October 31, 
2017.

FOR FURTHER INFORMATION CONTACT: Elizabeth A. Reed, 202-268-3179.

SUPPLEMENTARY INFORMATION: The United States Postal Service[supreg] 
hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on 
October 25, 2017, it filed with the Postal Regulatory Commission a USPS 
Request to Add Priority Mail Express, Priority Mail, & First-Class 
Package Service Contract 23 to Competitive Product List. Documents are 
available at www.prc.gov, Docket Nos. MC2018-17, CP2018-33.

Elizabeth A. Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2017-23597 Filed 10-30-17; 8:45 am]
 BILLING CODE 7710-12-P
IN THE SUPREME COURT OF THE STATE OF MONTANA

THE OFFICE OF THE CLERK OF SUPREME COURT

HELENA, MONTANA 59620-3003

Suprerne Court No.

DA 21-0318

DANIEL L. MORLEY,

Plaintiff and Appellee,

V.

CYNTHIA J. MORLEY and

KENNETH E. MORLEY,

Defendants and Appellants.

GRANT OF EXTENSION

Pursuant to authority granted under M. R. App.P. 26(1), Appellant is given an extension of tirne

until September 22, 2021, to prepare, file, and serve the Appellant's_brief.

DATED this July 23, 2021

Bowen Greenwood

Clerk of the Supreme Court

c: Craig D. Charlton, Lewis Kelsey Smith, III., Kenneth Alan Connors, Patrick T. Fox

PO BOX 203003 • HELENA MT • 59620-3003 • TELEPHONE: (406) 444-3858 • FAX: (406) 444-5705
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 11-3327

___________ David Williams, * * Appellant, * Appeal from the United States * District Court for the Eastern v. * District of Arkansas. * Scott Horner, Sgt., Varner Unit, ADC, * [UNPUBLISHED] * Appellee. *

___________ Submitted: April 13, 2012 Filed: April 17, 2012

___________ Before BYE, COLLOTON, and GRUENDER, Circuit Judges.

___________ PER CURIAM.
Inmate David Williams appeals the district court’s 1 dismissal without prejudice of his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. In his action he raised claims that a correctional officer, Sergeant Scott Horner, retaliated against him for filing grievances by issui ng him a false disciplinary and by calling him a snitch within earshot of other inmates.

1 The Honorable James M. Moody, United St ates District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas.This court reviews de novo the districtcourt’s interpretation of the Prison Litigation Reform Act’s (PLRA’s) admini strative-exhaustion provision. See King v. Iowa Dep’t of Corr. , 598 F.3d 1051, 1052 (8th Cir. 2010). We conclude that dismissal was proper, because Williams did not show that he administratively exhausted his claims, or that prison officials kept him from exhausting. Williams filed an informal resolution request (IRR) complaining of Ho rner’s retaliatory false disciplinary and retaliatory snitch comment, the first step in the prison’s written grievance policy. The IRR was returned to Williams unanswered. Williams thereafter failed to file a timely formal grievance, the next grievance st ep, even though the grievance policy allowed him to file the grievance if he did so within three days of the designated problem solver’s failure to respond to the IRR. See King , 598 F.3d at 1053-54 (inmate must complete administrative exhaustion process in accordance with applicable procedural rules, including deadlines, as precondition to bringing suit in federal court; prison’s requirements, not PLRA, defi ne boundaries of proper exhaus tion). We agree with the court that Williams’s failure to exhaust is not excused due to his misunderstanding of grievance policy on how to proceed following the return of an unanswered IRR, see Lyon v. Vande Krol , 305 F.3d 806, 809 (8th Cir. 2002) (en banc) (PLRA’s exhaustion provision does not permit court to consider inmate’s merely subjective beliefs, logical or otherwise, in determining whether admi nistrative remedies are available), and we disagree with Williams that the policy failed adequately to apprise him of exhaustion procedures; we also reject his argument that exhaustion is unavailable on claims of retaliatory discipline, because the grieva nce policy in the record clearly provides otherwise.
The dismissal without prejudice is affirmed.

______________________________

-2-
[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Notices]
[Page 51254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23914]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RESERVE SYSTEM


Change in Bank Control Notices; Acquisitions of Shares of a Bank 
or Bank Holding Company

    The notificants listed below have applied under the Change in Bank 
Control Act (12 U.S.C. 1817(j)) and Sec.  225.41 of the Board's 
Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank 
holding company. The factors that are considered in acting on the 
notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).
    The notices are available for immediate inspection at the Federal 
Reserve Bank indicated. The notices also will be available for 
inspection at the offices of the Board of Governors. Interested persons 
may express their views in writing to the Reserve Bank indicated for 
that notice or to the offices of the Board of Governors. Comments must 
be received not later than November 21, 2017.
    A. Federal Reserve Bank of Kansas City (Dennis Denney, Assistant 
Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:
    1. Trust B of the Gene Irvin Irrevocable Trust, dtd 10/19/04, 
individually and as part of the Irvin Family Group, and C. Kay Irvin, 
individually and as trustee, all of Adrian, Missouri; to retain voting 
shares of Adrian Bancshares, Inc., Adrian, Missouri, and thereby retain 
shares of Adrian Bank, Adrian, Missouri. Additionally, Lecia Irvin, 
Lori Haskins, and Paul Haskins, all of Adrian, Missouri; to join the 
Irvin Family Group which, acting in concert, controls voting shares of 
Adrian Bancshares.

    Board of Governors of the Federal Reserve System, October 30, 
2017.
Ann E. Misback,
Secretary of the Board.
[FR Doc. 2017-23914 Filed 11-2-17; 8:45 am]
BILLING CODE 6210-01-P
#### The People of the State of New York, Respondent, v Hassan Edwards, Appellant.

[987 NYS2d 864]

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated November 13, 2001 *(People v Edwards,*288 AD2d 320 [2001]), affirming a judgment of the Supreme Court, Kings County, rendered February 10, 1999.

Ordered that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz, 2*NY3d 277 [2004]).

Rivera, J.E, Balkin, Hall and Miller, JJ., concur.
Exhibit 35
                                   ----------

                       COUNTRYWIDE HOME LOANS SERVICING LP


                              OFFICERS' CERTIFICATE
                     ANNUAL STATEMENT OF THE MASTER SERVICER


                                   CWMBS, INC.
                     CHL MORTGAGE PASS-THROUGH TRUST 2006-6
                MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-6


      The undersigned does hereby certify that the undersigned is an officer of
Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing LP
(the "Master Servicer"), and does hereby further certify pursuant to Section
3.16 of the Pooling and Servicing Agreement for the above-captioned Series (the
"Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the Agreement
has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer has
fulfilled all of its obligations under the Agreement in all material respects
throughout such calendar year.




/s/ Craig Baingo                                    Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
EXHIBIT 32.2

CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of CurrencyShares® Japanese Yen Trust (the Trust) on Form 10-K for the fiscal year ended October 31, 2010, as amended, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Joseph Arruda, Chief Financial Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that:

1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act
of 1934, as amended; and

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



|                             
|-----------------------------
|Date: March 10, 2011         
|                             
|/s/ JOSEPH ARRUDA            
|Joseph Arruda*               
|Chief Financial Officer      
|(principal financial officer)



|* | The Registrant is a trust and Joseph Arruda is signing in his capacity as the principal financial officer of Rydex Specialized Products LLC, the Sponsor of the
Registrant.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 27, 2008 Clifford W. Taylor, Chief Justice
135872 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 135872 COA: 270380 Wayne CC: 05-012676-01 ADRIAN STEVENSON, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the December 27, 2007 judgment of the Court of Appeals is consid ered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

t0519 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 27, 2008

Clerk
# Fourth Court of Appeals

**San Antonio, Texas**

October 29, 2014

No. 04

- 14

- 00624

- CR

Darrell Lee JACKSON

, Appellant

v.

The STATE of Texas

, Appellee

From the 175th Judicial District Court

, Bexar County, Texas

Trial Court No. 2014CR2210

Honorable Mary D. Roman , Judge Presiding

ORDER

In accordance with this court’s opinion issued this date, this appeal is DISMISSED.

It is so ORDERED on October 29, 2014

.

_____________________________ Rebeca C. Martinez , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 29th day of October, 2014

.

_____________________________ Keith E. Hottle, Clerk
#### The People of the State of New York, Respondent, v Carlos Perez, Appellant.

[665 NYS2d 875]

—Judgment, Supreme Court, Bronx County (Martin Marcus, J., on omnibus motion; John Stackhouse, J., on renewed suppression motions and at plea and sentence), rendered May 22, 1996, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.

The record indicates that a suppression hearing, which would have included review of the issue of probable cause, was granted in this case. However, defendant entered a knowing, intelligent and voluntary guilty plea before that hearing was conducted. Since defendant failed to obtain a final order in connection with his suppression motions, any issue underlying those motions was waived by defendant’s entry of the guilty plea *(People v Fernandez,*67 NY2d 686; CPL 710.70 [2]). *94Concur—Murphy, P. J., Sullivan, Rubin, Tom and Mazzarelli, JJ.
#### Jean Bernard GERMAIN, Plaintiff-Appellant, v. Keith ARNOLD; CPL. Ortt; Dale Smith; CPL. N. Conrad; Bobby Shearin, Warden; B. Fann, Corporal, Defendants-Appellees.

No. 13-7081.

United States Court of Appeals, Fourth Circuit.

Submitted: Nov. 7, 2013.

Decided: Dec. 6, 2013.

Jean Bernard Germain, Appellant pro se. Rex Schultz Gordon, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellees.

Before GREGORY, WYNN, and DIAZ, Circuit Judges.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

*354PER CURIAM:

Jean Bernard Germain appeals the district court’s orders granting summary judgment to the Appellees, dismissing his civil rights complaint and denying his motion for recusal. We have reviewed the record and the district court’s orders and find no error. Accordingly, we affirm on the reasoning of the district court. *See Germain v. Arnold,*No. l:12-cv-03240-JFM, 2013 WL 2635110 (D.Md. June 11, 2013; June 19, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED.*
[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Page 49788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-23406]


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

COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED


Procurement List; Proposed Additions and Deletion

AGENCY: Committee for Purchase From People Who Are Blind or Severely 
Disabled.

ACTION: Proposed Additions to and Deletion from the Procurement List.

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

SUMMARY: The Committee is proposing to add product and service to the 
Procurement List that will be furnished by nonprofit agencies employing 
persons who are blind or have other severe disabilities, and deletes 
product previously furnished by such agencies.

DATES: Comments must be received on or before 11/26/2017.

ADDRESSES: Committee for Purchase from People Who Are Blind or Severely 
Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia 22202-
4149.

FOR FURTHER INFORMATION CONTACT: Amy B. Jensen, Telephone: (703) 603-
7740, Fax: (703) 603-0655, or email <a href="/cdn-cgi/l/email-protection#2b68667f6e6d4e4f794e4c6b6a494247425f5264454e054c445d"><span class="__cf_email__" data-cfemail="2a69677e6f6c4f4e784f4d6a6b484346435e5365444f044d455c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 
U.S.C. 8503 (a)(2) and 41 CFR 51-2.3. Its purpose is to provide 
interested persons an opportunity to submit comments on the proposed 
actions.

Additions

    If the Committee approves the proposed additions, the entities of 
the Federal Government identified in this notice will be required to 
procure the product and service listed below from nonprofit agencies 
employing persons who are blind or have other severe disabilities.
    The following product and service are proposed for addition to the 
Procurement List for production by the nonprofit agencies listed:

Product

NSN--Product Name: 2540-00-678-3469--Chock, Wheel-Track, Wood, 9.5'' 
x 8''
Mandatory Source of Supply: NewView Oklahoma, Inc., Oklahoma City, 
OK
Contracting Activity: Defense Logistics Agency, DLA Land and 
Maritime
Mandatory for 100% of the requirement of the Department of Defense

Service

Service Type/Location: Janitorial Service, Federal Aviation 
Administration, Albany System Service Center, Albany ATCT & Base 
Building, Albany, GA
NPA: Power Works Industries, Inc., Columbus, GA
Contracting Activity: Federal Aviation Administration, Albany, GA

Deletions

    The following product is proposed for deletion from the Procurement 
List:

Products

NSN--Product Name: 5340-01-259-4151--Clamp, Loop AQL Inspection
Mandatory Source of Supply: Provail, Seattle, WA
Contracting Activity: DLA Troop Support, Philadelphia, PA

Patricia Briscoe,
Deputy Director, Business Operations (Pricing and Information 
Management).
[FR Doc. 2017-23406 Filed 10-26-17; 8:45 am]
BILLING CODE 6353-01-P


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