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Home » About » Development of the National Health Promotion and Disease Prevention Objectives for 2030
Committee Reports and Meetings
Objective Development and Selection Process
Healthy People 2020 Workgroup Coordinators
Foundation Health Measures Archive
Development of the National Health Promotion and Disease Prevention Objectives for 2030
Planning is now underway for Healthy People 2030! Learn about the Healthy People initiative and how to get involved.
Every decade, the Healthy People initiative develops a new set of science-based, 10-year national objectives with the goal of improving the health of all Americans. The development of Healthy People 2030 includes establishing a framework for the initiative—the vision, mission, foundational principles, plan of action, and overarching goals—and identifying new objectives.
How is Healthy People 2030 being developed?
The development of Healthy People 2030 is a multiyear process with input from a diverse group of subject matter experts, organizations, and members of the public.
What is the Healthy People 2030 framework?
The framework explains the central ideas and function of the Healthy People 2030 initiative and it will guide the selection and prioritization of 2030 objectives. Review the Healthy People 2030 framework.
What is the Secretary’s Advisory Committee?
The Secretary’s Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030 (Committee) is a federal advisory committee composed of non-federal, independent subject matter experts. The Committee will provide recommendations to the Secretary of Health and Human Services (HHS) regarding Healthy People 2030’s:
Objective development and selection
When does the Committee meet?
The Committee’s meetings are open to the public. Committee meetings will be announced via the Federal Register and promoted via the Healthy People 2020 listserv and social media.
Find materials and summaries from past Committee meetings.
How can I learn more?
You are encouraged to check HealthyPeople.gov, subscribe to the Healthy People listserv, and follow @GoHealthyPeople on Twitter to receive the latest news and announcements on the development of Healthy People 2030.
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States Should Celebrate Independence Day by Reclaiming Their Sovereignty
By Lindsey Stroud
The Heartland Institute wishes you all the best this Fourth of July and we urge state lawmakers to use Article V of the Constitution to rein in Washington D.C.
Happy Independence Day from The Heartland Institute! For many, Independence Day includes festivities, fireworks, and happy memories shared among friends, family, and fellow Americans. As a supporter of liberty, Heartland knows Independence Day is a holiday that embodies the epitome of freedom. We gladly welcome celebrations commemorating the colonies’ warranted demand for independence.
With the signing of the Declaration of Independence, 13 colonies became (officially) engaged in an epic struggle with the mightiest military force in the world at that time. Providentially, the colonies emerged victorious. The significance of this historic day has been monumental, both for Americans and for citizens in countries around the world.
The break from British tyranny led to a world-changing revolution. A whole new system of government was created based upon personal freedom and federalism. Under this groundbreaking system, the state and federal governments were supposed to share power. Even better, personal liberties were to be protected and the federal government assigned limited, enumerated powers. Remaining powers were granted to the states and the people. A truly remarkable system, indeed.
This concept of states’ rights was imperative to the Declaration of Independence. In their letter to King George, the colonies urged that power must be derived “from the consent of the governed.” One of the many listed grievances by the colonists noted King George used said power, without consent, to bring about “legislative bodies … for the sole purpose of fatiguing them into compliance with his measures.”
Indeed, this notion of state sovereignty is prominent in nearly every part of the U.S. Constitution. The Constitution gives explicit directives for the federal branches of government, and the Bill of Rights ends with the 10th Amendment, which states those “powers not delegated to the United States by the Constitution … are reserved to the states respectively, or to the people.”
Regrettably, states’ rights have been eroded in recent decades. The federal government, in a manner similar to the wretchedness of King George, has encroached on and highjacked state prerogatives, not to mention a whole host of personal freedoms. From threatening highway funding to establishing “emissions guidelines for states to use,” the federal government has frequently infringed on the autonomy of state governments. The Trump administration has made great strides toward reducing the power of the federal government in many areas, but much work remains.
The national government’s power grab is deeply troubling, especially since the federal government currently holds more than $22 trillion in public debt, nearly $1 trillion more than it held on July 3, 2018. Due to the programs the federal government has forced upon states, there will undoubtedly come a period in which states will be unable to afford the costs brought by Washington, DC. If things don’t change soon, tough times are almost certainly coming our way.
Fortunately, states don’t need to air a list of grievances on Twitter to reinforce the philosophy our Founding Fathers laid out. Article V of the U.S. Constitution authorizes states to meet in a convention to propose amendments to the Constitution. Such a convention could limit the authority of the federal government, should the states choose to agree to an amendment.
Several attempts to enact Article V have taken place, yet none have been successful. Groups supporting a constitutional convention include the Balanced Budget Amendment Task Force and Convention of States.
As state lawmakers, it is imperative representatives protect the interests of their constituents. Part of this sacred duty involves shielding Americans from the abusive actions of the federal government. As the colonists understood, it is “the Right of the People to alter or abolish” a destructive government. State legislatures should use their constitutional right to remedy the egregious abuses of power perpetuated by the federal government.
What We’re Working On
Budget & Tax
Supreme Court Ruling Is Major Win for Capitalism (Guest: Anya Bidwell)
In this episode of the Heartland Daily Podcast, State Government Relations Manager Lindsey Stroud is joined by Institute for Justice attorney Anya Bidwell to discuss her recent litigation in front of the U.S. Supreme Court in Tennessee Wine and Spirits Retailers Association v. Russell F. Thomas. The Court struck down a Tennessee statute that effectively discriminated against non-residents by requiring liquor store retailers to be residents of the state for two years prior to obtaining a retailer liquor permit, and to be a resident for 10 years in order to renew a liquor license. Stroud and Bidwell discuss the case, how it relates to the Constitution’s Commerce Clause, and the effects the ruling will likely have on other states’ regulatory regimes.
Sen. Cruz Calls for Expansion of Education Savings Plans
This story from Budget & Tax News details how U.S. Senator Ted Cruz (R-TX) is proposing to expand education choice by allowing families to use a type of 529 College Savings Plan for homeschooling and other K-12 education expenses. The 529 plans allow parents, grandparents, or others to save for the future college expenses of a designated beneficiary. A type of 529 plan known as an education savings plan allows up to $10,000 per year per beneficiary of funds in the plan to be used for tuition at any public, private, or religious elementary or secondary school.
Should EPA Reverse Its Endangerment Finding on Greenhouse Gases?
This Heartland Policy Brief authored Senior Fellow Joe Bast argues the grounds for reversing the Environmental Protection Agency’s Endangerment Finding are robust, and this action is long overdue. The Endangerment Finding is vulnerable on purely scientific grounds. Although its supporters claim to have a “mountain” of research in its defense, upon closer scrutiny, their case is nothing more than a molehill of real science and data, on top of which is piled reams of speculation based on invalidated computer models and circumstantial evidence.
Single-Payer Health Care Should Be Dead Upon Arrival
In this Research & Commentary, Senior Policy Analyst Matthew Glans examines single-payer health care systems, their many flaws, and outlines why legislators should resist efforts to implement these reforms at both the state and federal levels. Glans argues the best way to preserve individual freedom, improve the quality of health care, and enhance the efficiency of the nation’s health care system is to empower individuals by giving them more control over the dollars they spend (or choose not to spend) on health care. Single-payer systems do the exact opposite.
From Our Free-Market Friends
2019 Surveying the Military: What America’s Active-Duty Servicemembers and Spouses Think About Military Life and K–12 Education
In this EdChoice report, authors Paul DiPerna, Lindsey Burke, and Drew Catt share the results of a 2019 online survey of 1,295 active-duty military servicemembers and their spouses to gain a better understanding of the experiences and views of military families in America toward K-12 education; and to expand on EdChoice’s first military survey in 2017.
Constitutional Reform Government & Politics Government Spending
Constitutional Reform: Balanced Budget Amendment Constitutional Reform: Convention of States Constitutional Reform: Article V Convention Government Spending: Federalism Government Spending: Deficits Government Spending: Unfunded Mandates Government Spending: Waste and Pork
Lindsey Stroud
Lindsey Stroud joined The Heartland Institute in 2016 as a Government Relations Coordinator. In 2017, Lindsey was named State Government Relations Manager.
lstroud@heartland.org
Research & Commentary: Mississippi Should Join Effort to Rein in Federal Government Spending
The Patriot’s Guide to Freedom and Firearms
By Joseph Bast
Research & Commentary: Kentucky Should Embrace Article V Constitutional Reform Efforts
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> Celebrity News
Peter Andre pulls out of 'I'm A Celeb' reporting job as contestants are named
November 12, 2009 - 12:56 GMT hellomagazine.com While it is yet to be confirmed that his ex-wife Katie Price will be heading to the jungle, the pop star has fuelled speculation she will by deciding to step down as a behind-the-scenes presenter
This Morning's Pete has reportedly pulled out of a job working as a behind-the-scenes reporter on I'm A Celebrity... after his ex-wife Katie Price was linked to the show
Photo: © Rex
Is she or isn't she? All week speculation has been mounting Katie Price will join this year's I'm A Celebrity… contestants in the jungle.
While her appearance hasn't been confirmed, the mum-of-three's ex Peter Andre has further fuelled those reports by stepping down from a reporting role linked to the reality show.
According to one British paper, the pop singer was scheduled to fly to Australia for three weeks to work as a behind-the-scenes reporter for This Morning.
But he has reportedly told TV bosses it would be "totally improper" for him to go ahead with that job if his former wife is taking part.
"Pete was really looking forward to going back to the jungle but as soon as he found out Katie was going to appear, he said there was no chance in hell he would go," a source said.
"Pete reckons there's no way he could speculate on Katie's antics and any outback flirtations in an unbiased way."
It was on the show in 2004 that the couple first met and fell in love. The Behind Closed Doors star is now expected to stay at home to look after the children and promote his new material.
News of Pete's decision emerged after the 11 confirmed contestants left the UK to head Down Under this week.
The 31-year-old glamour model – snapped in Los Angeles – is expected to join them in seven days as a new addition to the camp.
She will be the first contestant to return to the programme, earning a reported £350,000 fee.
Those definitely battling bugs on this year's show – beginning on Sunday - include EastEnders actress Lucy Benjamin, Dynasty's George Hamilton, former Strictly Come Dancing star Camilla Dallerup and snooker player Jimmy White.
Hollyoaks actor Stuart Manning and TV chef Gino D'Acampo will join Samantha Fox, interior design duo Colin McAllister and Justin Ryan, and How Clean is Your House's Kim Woodburn.
I'm A Celebrity
More about peter andre
Peter Andre gave wife Emily a very swanky gift for their fourth wedding anniversary
Look back at Peter Andre and Emily MacDonagh's wedding as they celebrate 4th anniversary
Peter Andre shares adorable photo of son Theo following in wife Emily’s footsteps
Peter Andre in talks to appear in ninth series of 'I'm A Celebrity...'
Seeking closure - Katie Price sets out her priorities as she prepares to join 'I'm A Celeb'
'I'm free to love again': Peter Andre's relief as divorce from Katie Price is finalised
New contestants set to join I'm a Celebrity... Get Me Out of Here!
Outback ahoy! The next group of contestants for 'I'm A Celebrity...' are revealed
"I'm not with him"- Katie Price splits from Alex as she reflects on life after Pete
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Henry Howard Finance Appoints New Head of Legal
Henry Howard Finance Group (HHF) has appointed Catrin Nation as Head of Legal to help support the independent funder’s continued growth.
This newly created Head of Legal role will lead and co-ordinate all of Henry Howard Finance’s legal matters, working closely with the business to advise on all areas of legal risk, including commercial contracts, supporting the company with regulatory changes, and driving improvements and enhancements to working and operational practices.
Catrin, from Cardiff, joins the business from Robert Walters PLC where, as Head of Legal EMEA and USA, she managed the in-house legal teams and oversaw the drafting, reviewing and negotiating of all commercial contracts.
Prior to Robert Walters PLC, Catrin worked in private practices for over 8 years, training and working at Eversheds in Cardiff before moving to TLT in Bristol.
Speaking of her appointment Catrin says, “It’s a very exciting time to join HHF with the level of growth and expansion, and plans for the future, providing a whole host of legal issues to get my teeth into. I’m looking forward to working with the business to provide in-house legal support for the very first time. Being a new role, it’s somewhat of a blank canvas which presents a great opportunity and I’m looking forward to becoming an integral part of the business.”
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HC at SLU
Sarah Johnson via Black Note
FDA Declares Youth E-Cigarette Epidemic
By Lynsey Fiebelkorn • SLU Contributor • Wellness October 12, 2018 at 3:00pm
The U.S. Food & Drug Administration visited JUUL’s corporate headquarters in San Francisco, on September 28th. The administration showed up unannounced and confiscated thousands of documents in relation to their ongoing investigation in effort to prevent the youth’s use of tobacco products as part of the Youth Tobacco Prevention Plan, focusing its target on e-cigarettes. The FDA is an administration in the U.S. Department of Health and Human services that protects the public's health by ensuring safety through regulating the manufacturing, marketing, and distribution of tobacco products.
In April 2018, JUUL’s CEO willingly handed over 50,000 documents, due to the accusation of targeting minors through their marketing schemes. The FDA requested documents related to: “product marketing, health research, toxicological, behavioral or physiologic effects of the products, product design features, ingredients or specifications appeal to different age groups; and youth-related adverse events and consumer complaints associated with the products.” The new FDA commissioner Dr. Scott Gottlieb states that the JUUL and other similar products "closely resemble a USB flash drive and have high levels of nicotine and emissions that are hard to see. These characteristics may influence youth use, by making the products more attractive to children and teens...[and] also more difficult for parents and teachers to recognize or detect.”
The use of e-cigarettes has undeniably become an epidemic issue for adolescents as it grows in popularity. The FDA’s effort to regulate nicotine use through the Youth Tobacco Prevention Plan is practiced by increasing regulations for retailers and manufacturers – to ultimately get ahead of the issue. The FDA admitted to performing nationwide undercover stings on both online and brick-and-mortar retailers in hopes of further preventing the selling of e-cigarettes to minors. They uncovered 1,300+ violations for illegal sales of e-cigarettes to youth.
A shocking public health fact according to the Center for Disease Control is that “if smoking continues at the current rate among U.S. youth, 5.6 million of today’s Americans younger than 18 years of age are expected to die prematurely from a smoking-related illness.” Ultimately, this is a public health crisis. Not only will this affect the health outcomes of many young Americans, but it will devastatingly affect our economy as well, likely increasing our health care spending tremendously in the future.
The FDA is focused on figuring out what the sudden appeal of e-cigarettes is to the youth, which has lead to the investigation of the marketing schemes made by JUUL and other major manufacturers such as Vuse, MarkTen XL, blu e-cigs, and Logic. Government efforts of prevention mentioned by the FDA are: holding retailers accountable by enforcing the law and issuing fines with the help of the state for any illegal sales to minors, holding manufacturers accountable for marketing ploys and misleading information to kids, possibly banning flavored options, bringing criminal or civil charges for bulk sales, creating regulatory gates for manufacturers, and regulating nicotine levels. Additional regulations will come forth as efforts increase.
The FDA commissioner Dr. Scott Gottlieb has made his message clear that it’s the FDA's mission to crack down on the youth tobacco epidemic by putting the radar on manufacturers and retailers of e-cigarettes. The FDA will continue to promote educational campaigns including “The Real Cost” to educate at-risk teens and “This is Our Watch” to educate retailers on their role in protecting the youth. The FDA also gave each manufacturer 60 days to submit plans on how they will address the youth use of their products – if the companies fail to do so efficiently there will be market consequences through regulation.
I believe the education campaigns are useful in preventing our youth from becoming addicted to nicotine. Prevention measures are key for this public health epidemic. The kids are our future, we need to protect their interests at all costs.
Lynsey Fiebelkorn (SLU ‘20)
Lynsey Fiebelkorn attends Saint Louis University. She is a Writer and Editor for Her Campus. She is passionate about improving health care and healthy living. In her spare time she enjoys cooking or dining out, staying active, and keeping up with pop culture.
David Dobrik, Gabby Douglas, Rachel Ballinger & More Take The Nike Sport Court At VidCon 2019
Tips to Fix Your Sleep Schedule
Virginia Bans Nicotine For Users Under 21
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Press Release | IPAF CEO Tim Whiteman Stepping Down After 15 Years
IPAF CEO Tim Whiteman Stepping Down After 15 Years
privilegeD to HAVE workED with the dedicated IPAF members and team around the world
By IPAF
Tim Whiteman is stepping down from the position of Managing Director and CEO of the International Powered Access Federation (IPAF) after 15 years in the position. Former IPAF President Andy Studdert will act as interim CEO to provide continuity as Tim Whiteman hands over and while the search for a new CEO is conducted.
The IPAF Board recruited Tim Whiteman as MD in 2004 to take on the challenge of implementing the “I” in IPAF, ie to make the organisation truly international. At that time the Federation had around 400 members, most of which were in the UK, and earned 95% of its revenue from the UK.
Today more than 45% of income is from outside the home market, even though UK income and membership has not stopped growing since 2004. Today we have almost 1,400 members in nearly 70 countries and the Federation is in sound financial health.
" the IPAF Board recruited Tim Whiteman as MD in 2004 to take on the challenge of implementing the “I” in IPAF, ie to make the organisation truly international"
Tim Whiteman says: “It has been a privilege to work with the dedicated IPAF members and team members around the world – the passion to deliver the safe and effective use of powered access motivates so many people and IPAF shares their knowledge and experience to help keep people safe.
“However, after 15 years, I’m looking forward to a change and I thank the Board for its support in making this happen,” he added.
The International Powered Access Federation (IPAF) promotes the safe and effective use of powered access worldwide. Set up in 1983, IPAF is a not-for-profit members’ organisation that represents the interests of manufacturers, distributors, users, rental and training companies. It serves as a forum for all active in the world of powered access. IPAF has played a key role in promoting many of the design, safety and testing procedures that are now established in the powered access industry.
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3.9 Million Americans Ran Out Of Unemployment Benefits In 2010: Report
By Arthur Delaney
Last year, 3.9 million Americans ran out of unemployment insurance benefits, according to a new analysis provided to HuffPost by the National Employment Law Project.
Those 3.9 million are not necessarily still unemployed, and not all of them are necessarily "99ers" -- people who exhausted the maximum 99 weeks of benefits currently available in 25 states -- but the number offers a dramatic reminder that the longest-ever unemployment lifeline is still not long enough for some Americans to climb out of the deepest jobs hole since the Great Depression.
"These numbers demonstrate the grave nature of the long-term unemployment crisis and should lead all lawmakers to realize that it is imperative to put partisan fights aside and concentrate on job-creation efforts that are targeted to the longest of the long-term unemployed," NELP lobbyist Judy Conti said.
The Congressional Research Service has estimated that as of October, roughly 1.4 million Americans have been unemployed for 99 weeks or longer, a tenfold increase from three years ago.
In December, the White House estimated that another 4 million would exhaust their unemployment benefits during the course of 2011.
The federal government provides up to 73 weeks of benefits for workers in the hardest-hit states who exhaust the standard 26 weeks of state benefits. The average unemployment spell now lasts 36.9 weeks, and those who remain out of work longer than that are at serious risk of getting stuck.
Congressional Democrats have introduced legislation to give the long-term unemployed in all states an additional 14 weeks of benefits, but that measure faces steep odds in a Republican-controlled House of Representatives.
For those who run out of unemployment benefits, not much help is available besides Social Security, food stamps or charity. Rhonda Taylor, a 42-year-old 99er who traveled to Washington from Rhode Island this week to lobby Congress for additional benefits, told HuffPost on Wednesday that her family of five is getting by on little more than $600 a month from her son's Social Security disability benefits. She said her unemployment insurance ran out in March after she lost her IT job in 2008.
Taylor said life since the cutoff has been "awful" and "devastating."
Patty DiMucci of Cary, N.C., told HuffPost this week she's been out of work since losing her job as a director of event planning for a beauty products retailer in March 2009. She said her unemployment benefits will run out this month.
"This is the first time in my career I'm struggling to find a job," said DiMucci, 42. "I've applied for hundreds of jobs. The rejection takes its toll on you -- that is, when you even get a response from a company."
She's worried that the big employment gap on her resume is itself an obstacle to finding new work. "Am I deemed unemployable?" she asked.
Arthur Delaney
Business Unemployment
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09/08/2015 07:17 pm ET Updated Sep 08, 2015
Can You Tell If A Baby Will Grow Up To Be A Psychopath?
The "red ball" test might tell you.
By Carolyn Gregoire
Credit: PhotoAlto/Ale Ventura via Getty Images
A new test could identify early seeds of psychopathy in infants.
There are many possible signs that can help you spot a psychopath -- they may not yawn when others do, they might stay eerily calm in dangerous situations, and for all of their charm and charisma, they tend to have few (if any) close friends.
These subtle clues can help you identify an adult psychopath, but is it possible to tell whether a child is on the road to becoming one later in life? Actually, it might be. A newly devised test purportedly spots signs of antisocial behavior in infants and toddlers.
The "red ball" test
Psychologists at King's College London used a red ball to track the visual preferences of 213 five-week-old babies, to see if they preferred interacting with an object or a human face. Then, when the babies were two and a half years old, the researchers tested them for callous-unemotional traits, also called CU traits, a range of characteristics and behaviors including limited empathy, difficulty recognizing the emotions of others and a lack of guilt.
The research, published in the journal Biological Psychiatry in July, found that babies who were more interested in the red ball than in a person's face tended to have higher levels of unemotional traits later in childhood -- one possible precursor to adult psychopathy.
As some psychologists have noted, there is a strong correlation between CU traits and severe antisocial behaviors.
"Callous unemotional behaviors in children are known to be associated with an increased emotional burden on families as well as later criminality and antisocial behavior," Dr. Rachael Bedford, a psychologist at King's College London and the study's lead author, told The Huffington Post in an email.
She added that the researchers don't yet know how strong the relationship between CU traits and adult psychopathy might be.
So does the test really work?
It's too early to tell. A child's visual preference for the ball doesn't necessarily mean that he or she will grow up to be a psychopath -- just that there may be some very early indicators of antisocial traits. A visual preference for objects over faces could suggest developmental issues, such as autism. It could also mean there's absolutely nothing wrong.
"Even as young as five weeks of age, children are already individuals with their own preferences, abilities and emotional styles," Bedford said. "All infants are drawn to the human face, but some more than others, and it may be that those who are more drawn to objects are less likely to look at their parents’ faces."
In other words: Parents, don't try this one at home just yet.
What else did the test reveal?
The study also found that sensitive parenting can actually prevent the development of antisocial behaviors in children. When a mother responded more sensitively to her infant during a play session in the lab -- defined as her tendency to engage with the infant with "appropriate, supportive and warm" responses -- the child's chances of developing antisocial traits were significantly reduced.
"Looking at infant behavior and parental responses to those behaviors may provide an important insight into how callous and unemotional behaviors first emerge," Bedford said. "In the longer term this could help us to understand what parental responses may help to promote healthy social-emotional development in both boys and girls."
Carolyn Gregoire
Senior Writer, The Huffington Post
Psychopath Baby Psychopath How To Spot A Psychopath Psychopath Behaviors Psychopath Research
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Jennifer Connelly quotes
Quotes by and about Jennifer Connelly
Connelly: "I've always wanted to understand people."
Connelly: "[It's important for me to] feel connected to the people [I'm] working with."
Connelly: "[I] try to understand the reasons why people find themselves in these situations and try to understand why people make these kinds of choices that we think are reprehensible."
Connelly: "I am not one of those people who thinks it is cool to show up late or be unruly or awkward."
Connelly: "[As a child model] I hated having my picture taken. I think I was pretty shy."
Connelly: "[Working so much as a child] made me a different kind of student, I think. Because when I was a kid I was travelling so much that when I was in school, I became quite focused on catching up and doing the work. It's already sort of my personality - I'm a bit of an overachiever, kind of [a] disciplinarian and hard on myself. I think [being away so much] augmented that tendency that I already had."
Connelly: "I'm very hard on myself. I don't want to disappoint myself or other people. I need to have a high standard all the time; I can't mess up."
Connelly: "I was an overly polite teenager, and it didn't serve me particularly well. I wanted to be good and be nice and be a peacemaker. I think it made me precocious on one level and stunted on another. I had my moments of frustration."
Connelly: "[Modelling] wasn't my niche, shall we say. I felt really self-conscious. There came a point when I remember ... I must have been about 15 and wearing a prom dress for a photo shoot and I had to hold some boy's hand and jump up and down on a trampoline and look really happy about going to the prom, and I thought, 'This just isn't for me.'"
Connelly: "[Winning an Oscar] was all horrible. It's pretentious to write a speech. You seem glib if you don't write a speech. Do you learn the speech, or do you not learn the speech? How do you win in this situation? It all feels a bit awkward."
[Interviewer: "What was it like to be defined by being beautiful?"]
Connelly: "It's uncomfortable to talk about - there's no way to come off right! If you say you are beautiful, you sound obnoxious, and if you deny it, doesn't that sound obnoxious?"
Connelly: "[Russell Crowe] has a very charismatic, strong personality which can be overbearing. I've seen a lot of people falter when trying to talk to him. I felt strongly about not letting that happen."
Joaquin Phoenix: "She's incredibly intelligent. She talks about things I've never heard of. ... She has an intellectual understanding of acting and creating character and movement and all these things."
Ron Howard: "With Jennifer, there's a sense of a person who's not a joiner, who follows her own path. It's not aloofness - that implies a kind of disdain, which I don't think she has. It's sort of a singular perspective on the world."
Esquire Magazine: "She is clever, imaginative and principled; perhaps the first time a Hollywood star has ever combined those particular qualities."
Claudia Llosa: "She is driven by the desire to understand why we act the way we do, why we behave a certain way."
Tom Shone: "When she was laboring through a series of rom-com-ish dramas (He's Just Not That Into You, Stuck in Love, The Dilemma) [she wore] the expression of Antigone making conversation at a Tupperware party."
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Games sector finds home in Victoria
Gamesmanship: Victoria is now home to more than half of the Australian games development sector
Strong support from the state government has helped consolidate more than half of the Australian games development sector in Victoria, as other states lag behind in supporting the “economic powerhouse” industry.
A Games Developers’ Association of Australia (GDAA) survey completed late last year found 51 per cent of game studios are based in Melbourne. Australia-wide the sector has total revenue of $115 million, with 81 per cent of this income coming from offshore.
Game developers in Victoria enjoy financial support from the state government through Film Victoria, with two different grants on offer.
The assigned production investment aims to assist local games companies to produce a prototype or full game, with up to $150,000 on offer.
The games release grant is aimed at smaller studios to help with the delivery of a “well-planned and marketed release of their project” and dishes out up to $30,000.
The latest round of funding in December last month saw nine game developers share in just over $440,000, while the $115 million creative industries strategy launched in April included digital games at the forefront.
This sustained support for the export-orientated and fast-growing industry has led the Victorian community to be vastly more mature and successful than the rest of Australia, GDAA chief executive Antony Reed says.
“We have a proactive Victorian government supporting tech and innovation, and games have always been part of that process,” Mr Reed told InnovationAus.com.
“We have a Minister for Creative Industry which no other state has, and that’s exceptional. They understand the benefit of games,” he said.
“They have been hugely proactive in their support and understanding of the space so they can make informed calls. It’s been an amazing circle of trust, understanding and knowledge that has led to Victoria leading the way.”
While Victoria paves the way forward, the rest of Australia is lagging behind in its support for, and understanding of, the sector, with only Queensland currently taking steps to address this, Mr Reed said.
“No other state offers Victoria’s level of funding,” he said. “It’s still very early days in Queensland and they haven’t funded that many games yet, but they’re making very positive steps forward for what was once something they were completely oblivious to.
“But in most other states there’s nothing at all, there’s no support.”
Most other state governments still viewed the games industry as a novelty, rather than a solid export performer.
“Legacy industries continue to be supported, but games are still perceived as being toys for kids,” Mr Reed said. “People aren’t seeing them as the economic powerhouses they are.”
While the games industry doesn’t want to become entirely reliant on government support, he says, but some assistance is required until the funding gap is covered by private investors.
“The industry has a really strong desire to not become patronage, to not rely on government handouts, but there’s no investment in the sector,” Mr Reed said.
“We don’t have an investment community that likes risk or innovation that much. Why would you when you can dig a hole in the ground and make money? So government support is critical to grow the industry.”
While Victoria’s funding model is a good starting point, other states will have to consult extensively with the sector to work out the best way forward.
“In Victoria the industry is fairly mature, which is different to New South Wales, which is still growing and finding its feet,” Reed said.
“You couldn’t implement what Victoria has right now, because very few developers would qualify for it.”
The games industry hasn’t received any federal support since the $10 million left in the Australian Interactive Games Fund was cut in the first Abbott-Hockey budget in 2014 and redirected as budget expenditure reductions.
This cut severely stunted the growth of the industry, and placed the burden onto state governments, Reed says.
“More than anything it stopped growth and that was a concern for us,” he sasaidys. “A lot of graduates are coming out of the tertiary education system and can’t get jobs. That’s the killer for us. We’re seeing a lot of talent just vanish.”
Using the bipartisan support of a Senate inquiry into the future of the video game development industry in 2015, the GDAA will soon be refocusing its efforts on the federal level.
“We’ll be focusing quite heavily on federal activity,” Mr Reed said. “We have seen this growth and extraordinary success around the world – it’s rare that an Australian-made game isn’t in the top 10 on all the stores.
“This is money coming into the country – developers make money and they get taxed on it.”
But the recent revolving door of Innovation Ministers we’ve seen on a federal level has meant that the organisation has had to mostly centre its activities on education.
“We do feel like we have to teach people why games are important,” Mr Reed said.
“The days when we had half the Senate playing Fruit Ninja are gone, now we need to be back in there making them play Crossy Road.”
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Michael Sainsbury
Singapore unveils post-TPP plan
The Trans Pacific Partnership was supposed to set the tone for trade and growth in the region. Now that it’s been suddenly nixed by US President Donald Trump, the release last Thursday of Singapore’s economic blueprint for the next decade could not have been better timed.
The Singapore Government’s Commission for the Future Economy report is the result of a full year of consulting 9,000 stakeholders by its 30-member committee, including trade associations, public agencies and companies.
At the report’s centre was a cry against the apparently fading light of globalisation, and recommendations of ways to protect the country’s economy using technology.
"It no longer seems certain we are on an inexorable course towards greater globalisation, stronger multilateral institutions and a more connected world,” the CFE said.
“Instead, we saw nativist politics and protectionist economics growing in strength and influence in Europe and the US.
"The anti-globalisation trend will undermine international trade, hurting all economies, but particularly small, open ones like Singapore, with two-thirds of our gross domestic product generated by external demand.
"Given the current sentiments against globalisation, we must not only resist protectionism, but forge ahead to deepen linkages with our overseas partners and seek opportunities in new markets."
As InnovationAus.com has noted recently, one can have one’s own opinions about China’s ruling Communist Party but its officials are relentless long-term planners. China’s policy horizons stretch out decades, and its Five-Year Plans are delivered like clockwork.
The other countries in the Asia-Pacific that have been most successful in modernising their economies – and this has for decades now been centred around innovation and technological improvements – have also followed this strategy of long-termism.
That is, Japan, South Korea, Taiwan and – perhaps most relevantly to Australia – Singapore.
This has helped to by lift the standard of living of their citizens and put them in many cases at the forefront of various areas of innovation.
As this publication has consistently noted, the Singapore Government has been ahead of the pack. Indeed the entire city state and its continuing economic success is a standout global example of long-term planning.
The success of stable and consistent long-term views of strategic industrial development by Asia’s most successful economies makes Innovation and Science Australia’s plan for a long-horizon ‘2030 Strategy’ – to be delivered at the end of 2017 – look sensible.
At times, it seems the projects and policies in the sector come too thick and fact to keep up. But the Commission for the Future Economy report was a stand out in what has become a crowded field of Singaporean – simply because it is the overarching strategy.
Like China, this has been made far easier as Singapore is effectively a one Party state. The ruling People’s Action Party which itself has been run, at least so far, by the family of the country's founder Lee Kwan Yew (whose son Lee Hsien Loong is the current Prime Minister) has been a key promoter of the country as a regional innovation and technology hub.
The report says despite the global challenges, there are many opportunities for Singapore. They are the same opportunities we hear about in Australia. They have a familiar ring.
“Singapore is also well-poised to tap into several growth sectors. For example, the rise of the middle-class and urbanisation in Asia will increase demand for finance, hub services, logistics, as well as urban solutions.
“The digital economy also presents opportunities to transform industries, while new technologies can help to raise productivity in sectors like advanced manufacturing.”
The report identified seven “mutually-reinforcing” strategies were identified to achieve the vision:
Deepen and diversify international connections
Acquire and utilise deep skills
Strengthen enterprise capabilities to innovate and scale-up
Build strong digital capabilities
Develop a vibrant and connected city of opportunity
Develop and implement Industry Transformation Maps (ITMs)
Partner each other to enable innovation and growth
There was some veiled criticism and disappointment that the decision by the Australian Government to choose Singapore as one of its five technology ‘Landing Pads’ as being too predictable. As many gave half-joked, Singapore itself is one giant landing pad.
But even in the 18-months since Malcolm Turnbull launched the National Science and Innovation Agenda, it’s looked increasingly like the right move.
And again, people have differing opinions about the efficacy of this model, but it’s increasingly clear that being in a user-friendly country and/or city is critical to attracting the maximum pool of good talent.
Singapore’s Landing Pad is being headed by Joe Ziegler, formerly of Telstra backed accelerator muru-D, which has homes in both Australia and Singapore.
It was set to get a publicity boost next month when Trade and Investment Minister Steve Ciobo was heading to Singapore for an official launch next month, but his office has advised his trip had been cancelled.
Still, this should have no real affect on its operation, and the CFE is a genuine further boost for Singapore as the regional technology and open-trade hub.
And once again, Singapore has produced a strategy that Australia should look at very closely.
There’s more to come in the accelerator type sector – and with strong Australian involvement – but as people in the tech sector (who have never met a cliche they didn’t adore) are so fond of saying: Watch this space!
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Zoho’s Raj Sabhlok on the bubble
Raj Sabhlok: 'Focus on building products that matter and that people will pay money for'
Cloud-based business software maker Zoho Corporation stands apart from its Silicon Valley-based tech industry peers, culturally and geographically.
At a time when toxic Silicon Valley culture is under an increasingly intense spotlight, Zoho is quite happy with this odd-man-out status.
The 20-year-old company, employs about 5,000 staff across the world and sells software into 196 countries. It is privately-held, has never taken venture capital, and is not chasing an IPO.
Zoho Corp is geographically separate from its peers, based in suburban Pleasanton, about 40 kilometres east of the bay area, away from the valley proper and from the tech sector’s new hub in downtown San Francisco.
The New York Times revelations published six weeks ago about sexual harassment in the tech sector – and in particular some bad behaviour among VCs – has reverberated around the world and led to a level of introspection not seen in years.
Zoho Corporation President Raj Sabhlok was in Sydney recently as part of a swing through the region, and for the launch of radical overhaul of the pricing model for the company’s products.
He doesn’t want to generalise about the industry, but says it is true that the poor behaviour is becoming more commonplace.
In this podcast Mr Sabhlok talks about running a global software company built on disruptive models. And he discusses the pressures that a bubble market puts on the industry and the unexpected behaviours it produces.
Of course it is an issue of culture, he says, and is the unfortunate consequence of the current tech bubble. We are talking about bad behaviour emerging as a result of culture that have developed under bubble pressure.
The bad behaviour “has grown out of these cultures that have emerged through the over-stimulation going on in the valley,” he says.
“We are arguably in a bubble-time in the Bay Area in tech. It is much like we saw in the early 2000’s frankly,” Mr Sabhlok said.
“If you look at any number of metrics and measures, whether you talk about stock prices or home values in Silicon Valley or rents …things of that nature, they are all at epic highs. They are frankly just not sustainable,” he said.
The valuations fuel a kind of market behaviour: “Most of these companies take on venture capital, they try to move as fast as possible, and not just through tech development, but through sales and marketing and really hyping [the business].”
“And so a lot of the things that happen in these bubbles get out of whack.” The sexual harassment issues is like a by-product that “has grown out of all these cultures that have emerged through the over-stimulation going on in the valley.”
It is an interesting view from a quintessential industry insider. Mr Sabhlok literally grew up in Silicon Valley as the son of technical engineers in first generation computer companies.
He studied Mathematics at the University of California Santa Cruz, and set sail into the tech industry. He followed this with an MBA from Duke University before landing at Zoho Corporation as president more than seven years ago.
This is a very different company compared to Silicon Valley peers. Self-funded. Never taken VC, not chasing VC. Not chasing an IPO. Hiring opportunistically, and not hiring from the same pools of SF and the valley.
“When Zoho was started we had a vision of building a very sound company with solid financials and to frankly grow the company to become as large as we could grow it.
Software does not take a lot of upfront capital. Mr Sabhlok says the focus has always been on building quality product – building product that customers want to buy and are happy with.
“If you’re playing with your own money, you kind of gain that discipline to build products that matter and products that people will pay money for,” he said.
“And if they do [buy your product], you get to eat. And if they don’t, then you’d better find another line of work.”
“And so I think that discipline, right from the start, made Zoho a very different company.”
“We were always going to be very product-focused, very customer-centric [right from the start],” Mr Sabhlok said. “[These are] some of the things that really escapes some of these venture-backed companies that are playing in a bubble.”
“One of the benefits of being a private company is that we can be a bit of an enigma,” he said.
Michelle Rowland
It's time to tackle telephone scams
It has been said the 1800s were the Golden Age of scams. This is when the term "con man" rose to prominence, and according to the New York Times , it also happens to be the period where the iconic Brooklyn Bridge was sold on mu...
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De Blasio on Presidential Debate Stage, Taxi 'Crisis' Hearing, MTA Board Meeting, Pride Celebrations, & More: The Week Ahead in New York Politics, June 24
June 23, 2019 | by Ben Max & Joey Fox
Tuesday is primary election day in New York. In the city, the two most high-profile races are Democratic primaries for Queens District Attorney and City Council District 45 in Brooklyn, the second special election for that seat in two months. There are also a number of judicial elections and party position votes. [READ: Upcoming Elections: What's on the June 25 Ballot in New York City]
Mayor Bill de Blasio will appear in the first Democratic presidential primary debate on Wednesday night in Miami, Florida. De Blasio was in South Carolina campaigning this weekend. The mayor, who has been polling at zero or one percent in the crowded 20-plus candidate field, will get a chance to introduce himself to many Democratic voters tuning in, as well as to make some additional waves, as he has been in criticizing former Vice President and early polling leader Joe Biden.
Closer to home, it's a busy week in New York politics, as we continue to dissect the recently-completed state legislative session, and there's a long list of events on the docket, including a variety of hearings at the City Council, MTA Board meetings, LGBTQ Pride celebrations, and more -- see our day-by-day rundown below.
And further from home: Governor Cuomo said Monday he'll be heading to Israel on Wednesday for a trip that includes solidarity and trade aspects.
***Do you have events or topics for us to include in an upcoming Week Ahead in New York Politics?
e-mail Gotham Gazette editor Ben Max: This email address is being protected from spambots. You need JavaScript enabled to view it.***
The run of the week in detail:
At the City Council on Monday:
-At 10 a.m., the Committee on Transportation and the Committee on Oversight and Investigations will jointly hold an oversight hearing on the Taxi and Limousine Commission’s role in the taxi medallion debt crisis. Four new bills will also be heard, three of which concern increased regulation of medallion sales and lenders, while a fourth would mandate the creation of an Office of Financial Stability within the TLC to prevent future debt crises. [READ: Council to Examine City Role in 'Taxi Medallion Crisis']
-At 1 p.m., the Committee on Women and Gender Equity will conduct an oversight hearing on the annual report on domestic violence initiatives, indicators, & factors, and will also discuss a resolution from new Council Member Farah Louis reauthorizing the Violence Against Women Act.
-Also at 1 p.m., the Committee on Hospitals will meet to hold an oversight hearing on safe staffing ratios in hospitals. Additionally, several bills and resolutions will be discussed, including two bills from Council Member Mark Gjonaj to conduct a study on prolonged hospital wait times and to require the Department of Mental Health and Hygiene to better inform New York City residents of the emergency care facilities available to them.
-Also at 1 p.m., the Committee on Environmental Protection will conduct an oversight hearing on renewable energy. Several bills concerning renewable energy usage in the city will also be discussed, including two proposed pilot programs to power select districts using exclusively solar and geothermal energy.
State Comptroller Thomas DiNapoli will be attending the RFK Human Rights Compass 2019 in Massachusetts from Monday until Wednesday.
Starting at 8:30 a.m. Monday, the Metropolitan Transit Authority (MTA) will hold a series of committee and division meetings.
At 9 a.m. Monday, city schools Chancellor Richard Carranza will attend a pre-K stepping up ceremony and delivers brief remarks, at PS 68 Port Richmond School for Visionary Learning on Staten Island.
At 11 a.m. Monday in Harlem, City Comptroller Scott Stringer will host a press conference at NYC Mission Society.
At 11 a.m. Monday, Lieutenant Governor Kathy Hochul will deliver a commencement address at Urban Assembly School for Criminal Justice, The New School University Center in Manhattan. At 12:15 p.m., Hochul will celebrate LGBTQ Pride Month with a visit to the recently-opened NYC WorldPride Welcome Center in Manhattan.
At 5:30 p.m. Monday, Public Advocate Jumaane Williams will speak at the Spring Creek Community School Graduation in Brooklyn, giving "the keynote speech at the graduation ceremony on themes of perseverance and overcoming obstacles."
At 6 p.m. on Monday, Civic Hall and the Participatory Budgeting Project will host “Democracy Beyond Elections: A New Deal for Our Broken Democracy.” Representatives from Ireland, Scotland, Madrid, and New York City will be in attendance to discuss “their experience with expanding or engaging with participatory democracy practices...Be inspired by how community and government leaders from these programs have used participatory democracy to equitably reshape government policy and spending on issues such as abortion, climate change, and transportation.”
At 6:30 p.m. Monday, State Senator John Liu, Chair of the Committee on New York City Education, will hold a community forum on school diversity and specialized high school admissions at the office of the Staten Island Borough President in conjunction with BP James Oddo.
At 6:30 p.m. Monday, City Council Speaker Corey Johnson will deliver remarks at the Lesbian, Gay, Bisexual & Transgender Community Center’s Garden Party in Manhattan.
Mayor de Blasio will make his weekly appearance on NY1's Inside City Hall on Monday in the 7 and 11 p.m. hours.
Tuesday is primary election day! Polls will be open from 6 a.m. to 9 p.m. for primary elections across the city, including the Democratic primaries for Queens District Attorney and City Council District 45 in Brooklyn, among other mostly judicial elections. [READ: Upcoming Elections: What's on the June 25 Ballot in New York City]
At the City Council on Tuesday:
-At 10 a.m., the Committee on General Welfare will hold an oversight hearing on the Nicholas Scoppetta Children’s Center, as well as discuss a bill from Council Member Stephen Levin to require the Administration for Children’s Services to study the use of psychiatric medication for youth in foster care.
-At 1 p.m., the Committees on Education and Higher Education will hold a joint oversight hearing on teacher preparation and training.
-At 2 p.m., the Committee on Civil Service and Labor will hold an oversight hearing on pay inequity issues within the New York City Probation Department and the New York City Fire Department.
At 8 a.m. Tuesday at the New York Athletic Club, Crain’s Business Breakfast will host members of the City Council to “discuss how the council’s powers should change in the city charter revision, whether the council will take on a greater role in light of the mayor’s presidential campaigning and how they see the next race for speaker shaping up.” Council Members in attendance will be Joseph Borelli, Justin Brannan, Keith Powers, and Carlina Rivera. This event has been cancelled!
At 9 a.m. Tuesday at Baruch College, the Greenburger Center for Social and Criminal Justice will host the panel discussion “After Rikers: Course Change for People with Serious Mental Illness, Substance Abuse Disorders and Other Disabilities.” The discussion, hosted by Cheryl Roberts, will feature State Senator Brian Benjamin, Bronx District Attorney Darcel Clark, Arizona State Representative Nancy Barto, Judges Steven Leifman and Matthew D’Emic, and author and columnist D.J. Jaffe.
Schools Chancellor Richard Carranza has four events Tuesday: he'll attend the Mott Hall graduation and deliver commencement address; join City Council Member Daneek Miller for a visit to PS 360 in Queens; attend the Academy of Innovative Technology graduation and deliver commencement address; and attend the Stonewall Scholars celebration and delivers brief remarks, at Yankee Stadium.
At 10 a.m. Tuesday, the New York City Board of Standards and Appeals will hold a public hearing to discuss projects all five boroughs.
At 10:30 a.m. Tuesday in Albany, the New York State Joint Commission on Public Ethics will hold an open meeting on regulating lobbying and ethics in New York, and will discuss annual financial disclosure statements and provide an update on lobbying applications.
At 6 p.m. Tuesday, the Association for a Better New York will host “What’s on Tap?” with State Senator Andrew Gounardes to discuss “his path to office, experiences in government, and vision for New York City.”
Also at 6 p.m. Tuesday, the New York City Commission on Gender Equity will host its Bronx Gender Equity Summit. “Summit participants [will] join small group discussions to help CGE identify ways to involve men and youth in the fight to advance gender equity; ensure greater gender diversity at all levels of public service; and prevent, reduce, eliminate gender based violence in all communities.”
Also at 6 p.m. Tuesday, the Manhattan GOP, in conjunction with Log Cabin Republicans of New York, will host “Pride Right: The biggest Pride celebration of LGBT + Ally conservatives in New York.” In attendance will be Andrea Catsimatidis, Chair of the Manhattan GOP; Jerri Ann Henry, National Executive Director of Log Cabin Republicans; and other elected officials.
Also at 6 p.m. Tuesday, City Comptroller Scott Stringer will host a celebration of World Pride and Stonewall’s 50th anniversary.
At 7 p.m. Tuesday, City Council Speaker Corey Johnson will throw out the ceremonial first pitch at at the New York Yankees Legacy of Pride Game at Yankee Stadium.
At 7 p.m. Tuesday in the Great Hall at Cooper Union, the Rent Guidelines Board will hold a public meeting to take its final vote on rent increases.
Governor Cuomo will head to Israel on Wednesday.
At the City Council on Wednesday:
-At 10 a.m., the Subcommittee on Zoning and Franchises will meet.
-At 10:15 a.m., the Committee on Land Use will meet.
-At 1:30 p.m., the City Council will hold a stated meeting in the Council Chambers at which bills that have been voted through committee are passed by the full Council and new bills are introduced. Council Speaker Corey Johnson will hold a pre-stated meeting at about 12:30 p.m.
At 8 a.m. Wednesday, the Association for a Better New York will host a Boardroom Breakfast with Bradley Tusk, founder of Tusk Strategies and former campaign manager to Mayor Michael Bloomberg, to “discuss his career path, approach to political change, and the evolving political landscape in New York City.”
At 9 a.m. Wednesday, the Metropolitan Transit Authority (MTA) will hold its monthly board meeting, preceded at 8:30 a.m. by an audit meeting.
At 12:30 p.m. Wednesday, the Community Service Society will hold a roundtable discussion on the most recent legislative session and its effects on individuals with conviction histories.
At 1:30 p.m. Wednesday, the New York City Board of Elections will hold a commissioners meeting.
On Wednesday at 5 p.m., this week’s Max & Murphy show will air on WBAI radio, 99.5 FM or wbai.org, and will feature reflections on the recently-completed state legislative year with State Senators Zellnor Myrie and Liz Krueger.
At 6 p.m. Wednesday, Roosevelt House and Hunter College’s LGBTQ Policy Center will host “Fifty Years After Stonewall Where Are We Now? Where Do We Go from Here?” “Four of the queer movement's outstanding thinkers, writers, and activists – Ann Pellegrini, Rich Benjamin, Chase Strangio, and Edmund White – will assess the movement's extraordinary accomplishments since 1969 and pinpoint its policy goals for the coming decade.”
Wednesday at 9 p.m. is the first of the two-night first Democratic presidential primary debates of the 2020 election cycle. Mayor Bill de Blasio will appear on Wednesday night, along with Senators Elizabeth Warren and Cory Booker, and others.
At the City Council on Thursday:
-At 10 a.m., the Committee on Consumer Affairs and Business Licensing will meet to discuss three bills aiming to limit the use of single-use utensils and beverage containers in restaurants.
-Also at 10 a.m., the Committee on Sanitation and Solid Waste Management will meet to discuss several bills relating to waste hauling and the trade waste industry.
-Also at 10 a.m., the Committee on Public Safety will meet to discuss six bills on disparate subjects. One bill aims to provide safe locations for internet-arranged purchase exchanges to take place; another bans the sending of sexually explicit images as a means of harassment; a third prohibits law enforcement from staging “perp walks;” two concern stricter laws and increased reporting on 3D-printed guns and “ghost guns;” and a final bill would provide notice to minors included in the criminal groups database.
-At 1 p.m., the Committee on Housing and Buildings will meet to discuss several new pieces of legislation concerning tenant protections, including bills to limit fees and increasing regulation of security deposits.
-Also at 1 p.m., the Committee on Small Business will hold an oversight hearing on the changing market for food delivery.
-Also at 1 p.m., the Committee on Cultural Affairs, Libraries and International Intergroup Relations will hold an oversight hearing on “New York City’s LGBTQ+ Community and the Arts: Resources, Opportunities and Support.”
At 8 a.m. Thursday, the Citizens Budget Commission will host its Trustee Breakfast at the Yale Club, with City Comptroller Scott Stringer as guest speaker. “At the breakfast, Comptroller Stringer will discuss City fiscal policy, including the Comptroller’s Agency Watch List and the need for rainy day reserves, and how to promote New York City’s competitiveness, among other topics.”
At 9 a.m. Thursday at City Hall, "Over 100 environmental justice, safe streets, and small business advocates, sanitation workers, and City Council members will rally on the steps of City Hall before a hearing on legislation to reform the private carting industry. The Commercial Waste Zones Bill, sponsored by City Council Member Antonio Reynoso, would overhaul an industry that is responsible for more than two dozen traffic and workplace deaths in the last decade. The legislation will cut commercial garbage truck traffic in the city by 60% by limiting one private sanitation company to each zone of the city. The Department of Sanitation will select waste haulers for each zone through a competitive bidding process that prioritizes fair prices for small businesses, good environmental practices, and high safety standards. The rally will be followed by a hearing on the legislation in the City Council Committee on Sanitation and Solid Waste Management."
At 9 a.m. Thursday, the CUNY Urban Food Policy Institute will host “Charting the Future of Urban Agriculture in New York City,” an Urban Food Policy Forum. “As the City Council considers requiring a comprehensive urban agriculture plan, this forum will explore what such a plan should include and how the city should go about crafting it.” The forum will be moderated by Nevin Cohen, Research Director at the CUNY Urban Food Policy Institute. Speakers will include Raymond Figueroa, Jr., Taconic Faculty Fellow at the Pratt Center for Community Development; Aziz Dekhan, Executive Director of NYC Community Garden Coalition; Onika Abraham, Director of Farm School NYC; and Ricky Stephens, Co-Founder at AgTech X.
At 10:45 a.m. in Utica, State Comptroller Thomas DiNapoli will attend a ribbon cutting ceremony at the Doyle Building.
At 6 p.m. on Thursday, the New York City Commission on Gender Equity will host its Staten Island Gender Equity Summit. “Summit participants [will] join small group discussions to help CGE identify ways to involve men and youth in the fight to advance gender equity; ensure greater gender diversity at all levels of public service; and prevent, reduce, eliminate gender based violence in all communities.”
Also at 6 p.m. Thursday, City Council Member Diana Ayala, in collaboration with U.S. Representative Adriano Espaillat, will host a Census 2020 Information Session.
At 6:30 p.m. Thursday, City & State NY will host its 2019 Pride Power 100 celebrating the LGBTQ community, “gathering top brass from advocacy, academia, media, business and beyond for a networking opportunity you do not want to miss.” Speakers will include Corey Johnson, Speaker of the City Council; Emma Wolfe, chief of staff to Mayor Bill de Blasio; Alphonso David, counsel to Governor Andrew Cuomo; and Thomas Duane, former state senator.
At 7 p.m. Thursday, the Museum of the City of New York will host “Whose Streets? Reclaiming NYC for Cyclists,” a panel discussion with “urban planners, biking advocates and experts about how New York City could achieve a shared “right to the road” for everyone, on two wheels or otherwise.” Speakers will include Ydanis Rodriguez, City Council Member; Judi Desire, founder of Uptown & Boogie Bicycle Advocacy; Helen Ho, co-founder of the Biking Public Project; and Adam Mansky of Transportation Alternatives. The discussion will be moderated by Streetsblog editor-in-chief Gersh Kuntzman.
Thursday at 9 p.m. is the second of the two-night first Democratic presidential primary debate of the 2020 election cycle. New York Senator Kirsten Gillibrand will appear on Thursday night, along with former Vice President Joe Biden, Senators Bernie Sanders and Kamala Harris, and others.
At 8 a.m. Friday, Be Social Change will host “Women’s Leadership Breakfast – Reshaping America’s Political Landscape by Elevating Women Leaders,” featuring speaker Erin Vilardi, founder and CEO of VoteRunLead.
At 10 a.m. on Friday, Mayor Bill de Blasio may make his weekly appearance on WNYC’s The Brian Lehrer Show.
Sunday will mark the official New York City Pride March, celebrating the LGBTQ+ community and the 50th anniversary of the Stonewall riots. The march begins at noon; many elected officials from around the city and state are expected to attend.
Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).
by Joey Fox and Ben Max
Tags: City Council
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All TitlesTitle 49Chapter IPart 173Subpart G - Gases; Preparation and Packaging
Collapse to view only § 173.316 - Cryogenic liquids in cylinders.
§ 173.300 - [Reserved]
§ 173.301 - General requirements for shipment of compressed gases and other hazardous materials in cylinders, UN pressure receptacles and spherical pressure vessels.
§ 173.301a - Additional general requirements for shipment of specification cylinders.
§ 173.301b - Additional general requirements for shipment of UN pressure receptacles.
§ 173.302 - Filling of cylinders with nonliquefied (permanent) compressed gases or adsorbed gases.
§ 173.302a - Additional requirements for shipment of nonliquefied (permanent) compressed gases in specification cylinders.
§ 173.302b - Additional requirements for shipment of non-liquefied (permanent) compressed gases in UN pressure receptacles.
§ 173.302c - Additional requirements for the shipment of adsorbed gases in UN pressure receptacles.
§ 173.303 - Charging of cylinders with compressed gas in solution (acetylene).
§ 173.304 - Filling of cylinders with liquefied compressed gases.
§ 173.304a - Additional requirements for shipment of liquefied compressed gases in specification cylinders.
§ 173.304b - Additional requirements for shipment of liquefied compressed gases in UN pressure receptacles.
§ 173.305 - Charging of cylinders with a mixture of compressed gas and other material.
§ 173.306 - Limited quantities of compressed gases.
§ 173.307 - Exceptions for compressed gases.
§ 173.308 - Lighters.
§ 173.309 - Fire extinguishers.
§ 173.310 - Exceptions for radiation detectors.
§ 173.311 - Metal hydride storage systems.
§ 173.312 - Requirements for shipment of MEGCs.
§ 173.313 - UN Portable Tank Table for Liquefied Compressed Gases and Chemical Under Pressure.
§ 173.314 - Compressed gases in tank cars and multi-unit tank cars.
§ 173.315 - Compressed gases in cargo tanks and portable tanks.
§ 173.316 - Cryogenic liquids in cylinders.
§ 173.318 - Cryogenic liquids in cargo tanks.
§ 173.319 - Cryogenic liquids in tank cars.
§ 173.320 - Cryogenic liquids; exceptions.
§ 173.321 - Ethylamine.
§ 173.322 - Ethyl chloride.
§ 173.323 - Ethylene oxide.
§ 173.334 - Organic phosphates mixed with compressed gas.
§ 173.335 - Chemical under pressure n.o.s.
§ 173.336 - Nitrogen dioxide, liquefied, or dinitrogen tetroxide, liquefied.
§ 173.337 - Nitric oxide.
§ 173.338 - Tungsten hexafluoride.
§ 173.340 - Tear gas devices.
(a) General qualifications for use of cylinders. Unless otherwise stated, as used in this section, the term “cylinder” includes a UN pressure receptacle. As used in this subpart, filled or charged means an introduction or presence of a hazardous material in a cylinder. A cylinder filled with a Class 2 hazardous material (gas) and offered for transportation must meet the requirements in this section and §§ 173.301a through 173.305, as applicable.
(1) Compressed gases must be in UN pressure receptacles built in accordance with the UN standards or in metal cylinders and containers built in accordance with the DOT and ICC specifications and part 178 of this subchapter in effect at the time of manufacture or CRC, BTC, CTC or TC specification, and requalified and marked as prescribed in subpart C in part 180 of this subchapter, if applicable. The DOT, ICC, CRC, BTC, CTC and TC specifications authorized for use are as follows:
Packagings 1
2P 4AA480
2Q 4B
ICC-3 2 4B240ET
3A 4BA
3AA 4BW
3AL 4D
3AX 4DA
3A480X 4DS
3AAX 4E
3B 4L
3BN 8
3E 8AL
3HT 39
1 Authorized CRC, BTC, CTC or TC specification cylinders that correspond with a DOT specification cylinder are listed in § 171.12(a)(4)(iii) of this subchapter.
2 Use of existing cylinders is authorized. New construction is not authorized.
(2) A cylinder must be filled in accordance with this part, except that a “TC” cylinder must be filled in accordance with the Transport Canada TDG Regulations (IBR; see § 171.7 of this subchapter). Before each filling of a cylinder, the person filling the cylinder must visually inspect the outside of the cylinder. A cylinder that has a crack or leak, is bulged, has a defective valve or a leaking or defective pressure relief device, or bears evidence of physical abuse, fire or heat damage, or detrimental rusting or corrosion, may not be filled and offered for transportation. A cylinder may be repaired and requalified only as prescribed in subpart C of part 180 of this subchapter.
(3) Pressure relief devices must be tested for leaks before a filled cylinder is shipped from the cylinder filling plant. It is expressly forbidden to repair a leaking fusible plug device where the leak is through the fusible metal or between the fusible metal and the opening in the plug body, except by removal and replacement of the pressure relief device.
(4) A cylinder that previously contained a Class 8 material must be requalified in accordance with § 180.205(e) of this subchapter.
(5) When a cylinder with a marked pressure limit is prescribed, another cylinder made under the same specification but with a higher marked pressure limit is authorized. For example, a cylinder marked “DOT-4B500” may be used when “DOT-4B300” is specified.
(6) No person may fill a cylinder overdue for periodic requalification with a hazardous material and then offer it for transportation. The prohibition against offering a cylinder for transportation that is overdue for periodic requalification does not apply to a cylinder filled prior to the requalification due date.
(7) A cylinder with an authorized service life may not be offered for transportation in commerce after its authorized service life has expired. However, a cylinder in transportation or a cylinder filled prior to the expiration of its authorized service life may be transported for reprocessing or disposal of the cylinder's contents. After emptying, the cylinder must be condemned in accordance with § 180.205 of this subchapter.
(8) The pressure of the hazardous material at 55 °C (131 °F) may not exceed 5/4 of the service pressure of the cylinder. Sufficient outage must be provided so the cylinder will not be liquid full at 55 °C (131 °F).
(9) Specification 2P, 2Q, 3E, 3HT, spherical 4BA, 4D, 4DA, 4DS, and 39 cylinders must be packed in strong non-bulk outer packagings. The outside of the combination packaging must be marked with an indication that the inner packagings conform to the prescribed specifications.
(10) Any person who installs a valve into an aluminum cylinder in oxygen service must verify the valve and the cylinder have the same thread type.
(11) Cylinder valves manufactured on or after November 7, 2019, used on cylinders to transport compressed gases must conform to the requirements in CGA V-9 (IBR; see § 171.7 of this subchapter). A valve for a UN pressure receptacle must conform to the requirements of § 173.301b(c)(1). Cylinder valves used on cylinders in liquefied petroleum gas (LPG) service are permitted to comply with the requirements of NFPA 58 (IBR; see § 171.7 of this subchapter).
(12) Cylinder valve protection caps manufactured on or after November 7, 2019, must conform to the requirements of CGA V-9.
(b) Cylinder markings. Required markings on a cylinder must be legible and must meet the applicable requirements of subpart C of part 180 of this subchapter. Additional information may be marked on the cylinder provided it does not affect the required markings prescribed in the applicable cylinder specification.
(c) Toxic gases and mixtures. Cylinders containing toxic gases and toxic gas mixtures meeting the criteria of Division 2.3 Hazard Zone A or B must conform to the requirements of § 173.40 and CGA S-1.1 (compliance with paragraph 9.1.1.1 is not required) (IBR; see § 171.7 of this subchapter) and CGA S-7 (IBR; see § 171.7 of this subchapter). A DOT 39 cylinder, UN non-refillable cylinder, or a UN composite cylinder certified to ISO-11119-3 may not be used for a toxic gas or toxic gas mixture meeting the criteria for Division 2.3, Hazard Zone A or B.
(d) Gases capable of combining chemically. A filled cylinder may not contain any gas or material capable of combining chemically with the cylinder's contents or with the cylinder's material of construction, so as to endanger the cylinder's serviceability.
(e) Ownership of cylinder. A cylinder filled with a hazardous material may not be offered for transportation unless it was filled by the owner of the cylinder or with the owner's consent.
(f) Pressure relief device systems. (1) Except as provided in paragraphs (f)(5) through (f)(7) and (j) of this section, and § 171.23(a) of this subchapter, a cylinder filled with a gas and offered for transportation must be equipped with one or more pressure relief devices sized and selected as to type, location, and quantity, and tested in accordance with CGA S-1.1 (compliance with paragraph 9.1.1.1 is not required) and CGA Pamphlet S-7 (IBR, see § 171.7 of this subchapter). The pressure relief device must be capable of preventing rupture of the normally filled cylinder when subjected to a fire test conducted in accordance with CGA C-14 (IBR, see § 171.7 of this subchapter), or, in the case of an acetylene cylinder, CGA C-12 (IBR, see § 171.7 of this subchapter).
(2) A pressure relief device, when installed, must be in communication with the vapor space of a cylinder containing a Division 2.1 (flammable gas) material. This requirement does not apply to DOT Specification 39 cylinders of 1.2L (75 cubic inches) or less in volume filled with a Liquefied petroleum gas, Methyl acetylene and Propadiene mixtures, stabilized, Propylene, Propane or Butane.
(3) For a specification 3, 3A, 3AA, 3AL, 3AX, 3AXX, 3B, 3BN, or 3T cylinder filled with gases in other than Division 2.2 (except oxygen and oxidizing gases transported by aircraft, see §§ 173.302(f) and 173.304(f)), beginning with the first requalification due after December 31, 2003, the burst pressure of a CG-1, CG-4, or CG-5 pressure relief device must be at test pressure with a tolerance of plus zero to minus 10%. An additional 5% tolerance is allowed when a combined rupture disk is placed inside a holder. This requirement does not apply if a CG-2, CG-3, or CG-9 thermally activated relief device or a CG-7 reclosing pressure valve is used on the cylinder.
(4) A pressure relief device is required on a DOT 39 cylinder regardless of cylinder size or filled pressure. A DOT 39 cylinder used for liquefied Division 2.1 materials must be equipped with a metal pressure relief device. Fusible pressure relief devices are not authorized on a DOT 39 cylinder containing a liquefied gas.
(5) A pressure relief device is not required on -
(i) A cylinder 305 mm (12 inches) or less in length, exclusive of neck, and 114 mm (4.5 inches) or less in outside diameter, except when the cylinder is filled with a liquefied gas for which this part requires a service pressure of 1800 psig or higher or a nonliquefied gas to a pressure of 1800 psig or higher at 21 °C (70 °F);
(ii) A cylinder with a water capacity of less than 454 kg (1000 lbs) filled with a nonliquefied gas to a pressure of 300 psig or less at 21 °C (70 °F), except for a DOT 39 cylinder or a cylinder used for acetylene in solution; or
(iii) A cylinder containing a Class 3 or a Class 8 material without pressurization, unless otherwise specified for the hazardous material.
(iv) A UN pressure receptacle transported in accordance with paragraph (k) or (l) or this section.
(6) A pressure relief device is prohibited on a cylinder filled with a Division 2.3 or 6.1 material in Hazard Zone A.
(7) A pressure relief device is not required on a DOT Specification 3E cylinder measuring up to 50mm (2 inches) in diameter by 305mm (12 inches) in length for the following specified gases and maximum weight limits:
(i) Carbon Dioxide 0.24L (8 oz.)
(ii) Ethane 0.12L (4 oz.)
(iii) Ethylene 0.12L (4 oz.)
(iv) Hydrogen Chloride, anhydrous 0.24L (8 oz.)
(v) Monochlorotrifluoromethane 0.35L (12 oz.)
(vi) Nitrous oxide, 0.24L (8 oz.)
(vii) Vinyl fluoride, stabilized 0.24L (8 oz.)
(g) Manifolding cylinders in transportation. (1) Cylinder manifolding is authorized only under conditions prescribed in this paragraph (g). Manifolded cylinders must be supported and held together as a unit by structurally adequate means. Except for Division 2.2 materials, each cylinder must be equipped with an individual shutoff valve that must be tightly closed while in transit. Manifold branch lines must be sufficiently flexible to prevent damage to the valves that otherwise might result from the use of rigid branch lines. Each cylinder must be individually equipped with a pressure relief device as required in paragraph (f) of this section, except that pressure relief devices on manifolded horizontal cylinders that are mounted on a motor vehicle or framework may be selected as to type, location, and quantity according to the lowest marked pressure limit of an individual cylinder in the manifolded unit. The pressure relief devices selected for the manifolded unit must have been tested in accordance with CGA S-1.1 and CGA S-7. Pressure relief devices on manifolded horizontal cylinders filled with a compressed gas must be arranged to discharge unobstructed to the open air. In addition, for Division 2.1 (flammable gas) material, the pressure relief devices (PRDs) must be arranged to discharge upward to prevent any escaping gas from contacting personnel or any adjacent cylinders. Valves and pressure relief devices on manifolded cylinders filled with a compressed gas must be protected from damage by framing, a cabinet or other method. Manifolding is authorized for cylinders containing the following gases:
(i) Nonliquefied (permanent) compressed gases authorized by § 173.302.
(ii) Liquefied compressed gases authorized by § 173.304. Each manifolded cylinder containing a liquefied compressed gas must be separately filled and means must be provided to ensure no interchange of cylinder contents can occur during transportation.
(iii) Acetylene as authorized by § 173.303. Mobile acetylene trailers must be maintained, operated and transported in accordance with CGA G-1.6 (IBR, see § 171.7 of this subchapter).
(2) For the checking of tare weights or replacing solvent, the cylinder must be removed from the manifold. This requirement is not intended to prohibit filling acetylene cylinders while manifolded.
(h) Cylinder valve protection. UN pressure receptacles must meet the valve protection requirements in § 173.301b(c). A DOT specification cylinder used to transport a hazardous material must meet the requirements specified in this paragraph (h).
(1) The following specification cylinders are not subject to the cylinder valve protection requirements in this paragraph (h):
(i) A cylinder containing only a Division 2.2 material without a Division 5.1 subsidiary hazard;
(ii) A cylinder containing a Class 8 liquid corrosive only to metal;
(iii) A cylinder with a water capacity of 4.8 liters (293 in 3) or less containing oxygen, compressed;
(iv) A cylinder containing oxygen, refrigerated liquid (cryogenic liquid);
(v) A Medical E cylinder with a water capacity of 4.9 liters (300 in 3) or less;
(vi) A fire extinguisher; or
(vii) A “B” style cylinder with a capacity of 40 ft 3 (1.13 m 3) or an “MC” style cylinder with a capacity of 10 ft 3 (0.28m 3) containing acetylene.
(2) For cylinders manufactured before October 1, 2007, a cylinder must have its valves protected by one of the following methods:
(i) By equipping the cylinder with securely attached metal or plastic caps of sufficient strength to protect valves from damage during transportation;
(ii) By boxing or crating the cylinders so as to protect valves from damage during transportation;
(iii) By constructing the cylinder so that the valve is recessed into the cylinder or otherwise protected to the extent that it will not be subjected to a blow when the container is dropped onto a flat surface; or
(iv) By loading the cylinders in an upright position and securely bracing the cylinders in rail cars or motor vehicles, when loaded by the consignor and unloaded by the consignee.
(3) For cylinders manufactured on or after October 1, 2007, each cylinder valve assembly must be of sufficient strength or protected such that no leakage occurs when a cylinder with the valve installed is dropped 1.8 m (6 ft.) or more onto a non-yielding surface, such as concrete or steel, impacting the valve assembly or protection device at an orientation most likely to cause damage. The cylinder valve assembly protection may be provided by any method meeting the performance requirement in this paragraph (h)(3). Examples include:
(i) Equipping the cylinder with a securely attached metal cap.
(ii) Packaging the cylinder in a box, crate, or other strong outer packaging conforming to the requirements of § 173.25.
(iii) Constructing the cylinder such that the valve is recessed into the cylinder or otherwise protected.
(i) Cylinders mounted in motor vehicles or in frames. (1) MEGCs must conform to the requirements in § 173.312. DOT specification cylinders mounted on motor vehicles or in frames must conform to the requirements specified in this paragraph (i).
(2) Seamless DOT specification cylinders longer than 2 m (6.5 feet) are authorized for transportation only when horizontally mounted on a motor vehicle or in an ISO framework or other framework of equivalent structural integrity in accordance with CGA TB-25 (IBR, see § 171.7 of this subchapter). The pressure relief device must be arranged to discharge unobstructed to the open air. In addition, for Division 2.1 (flammable gas) material, the pressure relief devices must be arranged to discharge upward to prevent any escaping gas from contacting personnel or any adjacent cylinders.
(3) Cylinders may not be transported by rail in container on freight car (COFC) or trailer on flat car (TOFC) service except under conditions approved by the Associate Administrator for Safety, Federal Railroad Administration.
(j) Non-specification cylinders in domestic use. Except as provided in §§ 171.12(a) and 171.23(a) of this subchapter, a filled cylinder manufactured to other than a DOT specification or a UN standard in accordance with part 178 of this subchapter, or a DOT exemption or special permit cylinder or a cylinder used as a fire extinguisher in conformance with § 173.309(a), may not be transported to, from, or within the United States.
(k) Metal attachments. Metal attachments to cylinders must have rounded or chamfered corners, or be otherwise protected, so as to prevent the likelihood of causing puncture or damage to other hazardous materials packages. This requirement applies to anything temporarily or permanently attached to the cylinder, such as metal skids.
(l) Cylinders made of aluminum alloy 6351-T6. A DOT 3AL cylinder manufactured of aluminum alloy 6351-T6 may not be filled and offered for transportation or transported with pyrophoric gases. The use of UN cylinders manufactured of aluminum alloy 6351-T6 is prohibited.
[67 FR 51643, Aug. 8, 2002] Editorial Note:For Federal Register citations affecting § 173.301, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
(a) General. The requirements in this section are in addition to the requirements in § 173.301 and apply to the shipment of gases in specification cylinders.
(b) Authorized cylinders not marked with a service pressure. For authorized cylinders not marked with a service pressure, the service pressure is designated as follows:
Specification marking
Service Pressure psig
3E 1800
(c) Cylinder pressure at 21 °C (70 °F). The pressure in a cylinder at 21 °C (70 °F) may not exceed the service pressure for which the cylinder is marked or designated, except as provided in § 173.302a(b). For certain liquefied gases, the pressure at 21 °C (70 °F) must be lower than the marked service pressure to avoid having a pressure at a temperature of 55 °C (131 °F) that is greater than permitted.
(d) Cylinder pressure at 55 °C (131 °F). The pressure in a cylinder at 55 °C (131 °F) may not exceed 5/4 times the service pressure, except:
(1) For a cylinder filled with acetylene, liquefied nitrous oxide, or carbon dioxide.
(2) For a cylinder filled in accordance with § 173.302a(b), the pressure in the cylinder at 55 °C (131 °F) may not exceed 5/4 times the filling pressure.
(3) The pressure at 55 °C (131 °F) of Hazard Zone A and Hazard Zone B materials may not exceed the service pressure of the cylinder. Sufficient outage must be provided so that the cylinder will not be liquid full at 55 °C (131 °F).
(e) Grandfather clause. A cylinder in domestic use prior to the date on which the specification for the cylinder was first made effective may be used if the cylinder has been properly tested and otherwise conforms to the requirements applicable to the gas with which it is charged.
[67 FR 51645, Aug. 8, 2002, as amended at 67 FR 61289, Sept. 30, 2002; 68 FR 24661, May 8, 2003; 76 FR 56317, Sept. 13, 2011]
(a) General. The requirements of this section are in addition to the requirements in § 173.301 and apply to the shipment of gases in UN pressure receptacles. A UN pressure receptacle, including closures, must conform to the design, construction, inspection and testing requirements specified in parts 178 and 180 of this subchapter, as applicable. Bundles of cylinders must conform to the requirements in § 178.70(e) of this subchapter.
(1) A UN pressure receptacle may not be filled and offered for transportation when damaged to such an extent that the integrity of the UN pressure receptacle or its service equipment may be affected. Prior to filling, the service equipment must be examined and found to be in good working condition (see § 178.70(d) of this subchapter). In addition, the required markings must be legible on the pressure receptacle.
(2) The gases or gas mixtures must be compatible with the UN pressure receptacle and valve materials as prescribed for metallic materials in ISO 11114-1:2012(E) (IBR, see § 171.7 of this subchapter) and for non-metallic materials in ISO 11114-2:2013(E) (IBR, see § 171.7 of this subchapter).
(3) A refillable UN pressure receptacle may not be filled with a gas or gas mixture different from that previously contained in the UN pressure receptacle unless the necessary operations for change of gas service have been performed in accordance with ISO 11621 (IBR, see § 171.7 of this subchapter).
(4) When a strong outer packaging is prescribed, for example as provided by paragraph (c)(2)(vi) or (d)(1) of this section, the UN pressure receptacles must be protected to prevent movement. Unless otherwise specified in this part, more than one UN pressure receptacle may be enclosed in the strong outer packaging.
(b) Individual shut-off valves and pressure relief devices. Except for Division 2.2 permanent gases, each UN pressure receptacle must be equipped with an individual shutoff valve that must be tightly closed while in transit. Each UN pressure receptacle must be individually equipped with a pressure relief device as prescribed by § 173.301(f), except that pressure relief devices on bundles of cylinders or manifolded horizontal cylinders must have a set-to-discharge pressure that is based on the lowest marked pressure of any cylinder in the bundle or manifolded unit.
(c) Pressure receptacle valve requirements. (1) When the use of a valve is prescribed, the valve must conform to the requirements in ISO 10297:2014(E) (IBR, see § 171.7 of this subchapter). Until December 31, 2020, the manufacture of a valve conforming to the requirements in ISO 10297:2006(E) is authorized. Until December 31, 2008, the manufacture of a valve conforming to the requirements in ISO 10297:1999(E) (IBR, see § 171.7 of this subchapter) is authorized.
(2) A UN pressure receptacle must have its valves protected from damage that could cause inadvertent release of the contents of the UN pressure receptacle by one of the following methods:
(i) By constructing the pressure receptacle so that the valves are recessed inside the neck of the UN pressure receptacle and protected by a threaded plug or cap;
(ii) By equipping the UN pressure receptacle with a valve cap conforming to the requirements in ISO 11117:2008 and Technical Corrigendum 1 (IBR, see § 171.7 of this subchapter). Until December 31, 2014, the manufacture of a valve cap conforming to the requirements in ISO 11117:1998 (IBR, see § 171.7 of this subchapter) is authorized. The cap must have vent-holes of sufficient cross-sectional area to evacuate the gas if leakage occurs at the valve;
(iii) By protecting the valves by shrouds or guards conforming to the requirements in ISO 11117:2008 and Technical Corrigendum 1 (IBR; see § 171.7 of this subchapter). Until December 31, 2014, the manufacture of a shroud or guard conforming to the requirements in ISO 11117:1998 (IBR, see § 171.7 of this subchapter) is authorized. For metal hydride storage systems, by protecting the valves in accordance with the requirements in ISO 16111:2008 (IBR; see § 171.7 of this subchapter).
(iv) By using valves designed and constructed with sufficient inherent strength to withstand damage in accordance with Annex B of ISO 10297;
(v) By enclosing the UN pressure receptacles in frames, e.g., bundles of cylinders; or
(vi) By packing the UN pressure receptacles in a strong outer package, such as a box or crate, capable of meeting the drop test specified in § 178.603 of this subchapter at the Packing Group I performance level.
(d) Non-refillable UN pressure receptacles. (1) When the use of a valve is prescribed, the valve must conform to the requirements in ISO 13340 (IBR, see § 171.7 of this subchapter);
(2) The receptacles must be transported as an inner package of a combination package;
(3) The receptacle must have a water capacity not exceeding 1.25 L when used for a flammable or toxic gas or 50 liters for receptacles used to contain chemical under pressure; and
(4) The receptacle is prohibited for Hazard Zone A material.
(e) Pyrophoric gases. A UN pressure receptacle must have valve outlets equipped with gas-tight plugs or caps when used for pyrophoric or flammable mixtures of gases containing more than 1% pyrophoric compounds. When UN pressure receptacles are manifolded in a bundle, each of the pressure receptacles must be equipped with an individual valve that must be closed while in transportation, and the outlet of the manifold valve must be equipped with a pressure retaining gas-tight plug or cap. Gas-tight plugs or caps must have threads that match those of the valve outlets.
(f) Hydrogen bearing gases. A steel UN pressure receptacle bearing an “H” mark must be used for hydrogen bearing gases or other embrittling gases that have the potential of causing hydrogen embrittlement.
(g) Composite cylinders in underwater use. A composite cylinder certified to ISO-11119-2 or ISO-11119-3 may not be used for underwater applications unless the cylinder is manufactured in accordance with the requirements for underwater use and is marked “UW” as prescribed in § 178.71(q)(18) of this subchapter.
[71 FR 33882, June 12, 2006, as amended at 71 FR 54395, Sept. 14, 2006; 76 FR 3380, Jan. 19, 2011; 78 FR 1091, Jan. 7, 2013; 78 FR 65485, Oct. 31, 2013; 80 FR 1161, Jan. 8, 2015; 82 FR 15891, Mar. 30, 2017]
(a) General requirements. (1) A cylinder filled with a non-liquefied compressed gas (except gas in solution) must be offered for transportation in accordance with the requirements of this section and § 173.301. In addition, a DOT specification cylinder must meet the requirements in §§ 173.301a, 173.302a and 173.305, as applicable. UN pressure receptacles must meet the requirements in §§ 173.301b and 173.302b, as applicable. Where more than one section applies to a cylinder, the most restrictive requirements must be followed.
(2) Adsorbed gas. A cylinder filled with an adsorbed gas must be offered for transportation in accordance with the requirements of paragraph (d) of this section, §§ 173.301, and 173.302c. UN cylinders must meet the requirements in §§ 173.301b and 173.302b, as applicable. Where more than one section applies to a cylinder, the most restrictive requirements must be followed.
(b) Aluminum cylinders in oxygen service. Each aluminum cylinder filled with oxygen must meet all of the following conditions:
(1) Metallic portions of a valve that may come into contact with the oxygen in the cylinder must be constructed of brass or stainless steel.
(2) Except for UN cylinders, each cylinder opening must be configured with straight threads only.
(3) Each UN pressure receptacle must be cleaned in accordance with the requirements of ISO 11621 (IBR, see § 171.7 or this subchapter). Each DOT cylinder must be cleaned in accordance with the requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1 and 3.3.2 (IBR, see § 171.7 of this subchapter). Cleaning agents equivalent to those specified in Federal Specification RR-C-901D may be used provided they do not react with oxygen. One cylinder selected at random from a group of 200 or fewer and cleaned at the same time must be tested for oil contamination in accordance with Federal Specification RR-C-901D, paragraph 4.3.2, and meet the specified standard of cleanliness.
(4) The pressure in each cylinder may not exceed 3000 psig at 21 °C (70 °F).
(c) Notwithstanding the provisions of § 173.24(b)(1) and paragraph (f) of this section, an authorized cylinder containing oxygen continuously fed to tanks containing live fish may be offered for transportation and transported.
(d) Shipment of Division 2.1 materials in aluminum cylinders is authorized for transportation only by motor vehicle, rail car, or cargo-only aircraft.
(e) DOT 3AL cylinders manufactured of 6351-T6 aluminum alloy. Suitable safeguards should be provided to protect personnel and facilities should failure occur while filling cylinders manufactured of aluminum alloy 6351-T6 used in self-contained underwater breathing apparatus (SCUBA), self-contained breathing apparatus (SCBA) or oxygen service. The cylinder filler should allow only those individuals essential to the filling process to be in the vicinity of the cylinder during the filling process.
(f) Compressed oxygen and oxidizing gases by aircraft. A cylinder containing oxygen, compressed; compressed gas, oxidizing, n.o.s.; or nitrogen trifluoride is authorized for transportation by aircraft only when it meets the following requirements:
(1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, 39 cylinders, 4E (filled to less than 200 psig at 21 °C (70 °F), and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders are authorized.
(2) Cylinders must be equipped with a pressure relief device in accordance with § 173.301(f) and, for DOT 39 cylinders offered for transportation after October 1, 2008, for the other DOT specification cylinders with the first requalification due after October 1, 2008, or for the UN pressure receptacles prior to initial use:
(i) The rated burst pressure of a rupture disc for DOT 3A, 3AA, 3AL, 3E, and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of the cylinder minimum test pressure with a tolerance of plus zero to minus 10%; and
(ii) The rated burst pressure of a rupture disc for a DOT 3HT cylinder must be 90% of the cylinder minimum test pressure with a tolerance of plus zero to minus 10%.
(3) The cylinder must be placed in a rigid outer packaging that -
(i) Conforms to the requirements of either part 178, subparts L and M of this subchapter at the Packing Group I or II performance level or the performance criteria in Air Transport Association (ATA) Specification No. 300 for a Category I Shipping Container;
(ii) Is capable of passing, as demonstrated by design testing, the Flame Penetration Resistance Test in appendix E to part 178 of this subchapter; and
(iii) Prior to each shipment, passes a visual inspection that verifies that all features of the packaging are in good condition, including all latches, hinges, seams, and other features, and that the packaging is free from perforations, cracks, dents, or other abrasions that may negatively affect the flame penetration resistance and thermal resistance characteristics of the packaging.
(4) The cylinder and the outer packaging must be capable of passing, as demonstrated by design testing, the Thermal Resistance Test specified in appendix D to part 178 of this subchapter.
(5) The cylinder and the outer packaging must both be marked and labeled in accordance with part 172, subparts D and E of this subchapter. The additional marking “DOT31FP,” is allowed to indicate that the cylinder and the outer packaging are capable of passing, as demonstrated by design testing, the Thermal Resistance Test specified in appendix D to part 178 of this subchapter.
(6) A cylinder of compressed oxygen that has been furnished by an aircraft operator to a passenger in accordance with 14 CFR § 121.574, § 125.219, or § 135.91 is excepted from the outer packaging requirements of paragraph (f)(3) of this section.
[67 FR 51646, Aug. 8, 2002, as amended at 67 FR 61289, Sept. 30, 2002; 68 FR 75745, Dec. 31, 2003; 71 FR 33883; June 12, 2006; 71 FR 51127, Aug. 29, 2006; 72 FR 55098, Sept. 28, 2007; 76 FR 56317, Sept. 13, 2011; 80 FR 1161, Jan. 8, 2015; 80 FR 72927, Nov. 23, 2015; 81 FR 3676, Jan. 21, 2016]
(a) Detailed filling requirements. Nonliquefied compressed gases (except gas in solution) for which filling requirements are not specifically prescribed in § 173.304a must be shipped subject to the requirements in this section and §§ 173.301, 173.301a, 173.302, and 173.305 in specification cylinders, as follows:
(1) DOT 3, 3A, 3AA, 3AL, 3B, 3E, 4B, 4BA, 4BW, and 4E cylinders.
(2) DOT 3HT cylinders. These cylinders are authorized for aircraft use only and only for nonflammable gases. They have a maximum service life of 24 years from the date of manufacture. The cylinders must be equipped with frangible disc type pressure relief devices that meet the requirements of § 173.301(f). Each frangible disc must have a rated bursting pressure not exceeding 90 percent of the minimum required test pressure of the cylinder. Discs with fusible metal backing are not permitted. Specification 3HT cylinders may be offered for transportation only when packaged in accordance with § 173.301(a)(9).
(3) DOT 39 DOT 39 cylinders. When the cylinder is filled with a Division 2.1 material, the internal volume of the cylinder may not exceed 1.23 L (75 in 3) or 50 L (3050 in 3) for chemical under pressure.
(4) DOT 3AX, 3AAX, and 3T cylinders are authorized for Division 2.1 and 2.2 materials and for carbon monoxide. DOT 3T cylinders are not authorized for hydrogen. When used in methane service, the methane must be a nonliquefied gas with a minimum purity of 98.0 percent methane and commercially free of corroding components.
(5) Aluminum cylinders manufactured in conformance with specifications DOT 39, 3AL and 4E are authorized for oxygen only under the conditions specified in § 173.302(b).
(6) DOT 4E cylinders- DOT 4E cylinders with a maximum capacity of 43L (11 gal) must have a minimum rating of 240 psig and be filled to no more than 200 psig at 21 °C (70 °F).
(b) Special filling limits for DOT 3A, 3AX, 3AA, 3AAX, and 3T cylinders. A DOT 3A, 3AX, 3AA, 3AAX, and 3T cylinder may be filled with a compressed gas, other than a liquefied, dissolved, Division 2.1, or Division 2.3 gas, to a pressure 10 percent in excess of its marked service pressure, provided:
(1) The cylinder is equipped with a frangible disc pressure relief device (without fusible metal backing) having a bursting pressure not exceeding the minimum prescribed test pressure.
(2) The cylinder's elastic expansion was determined at the time of the last test or retest by the water jacket method.
(3) Either the average wall stress or the maximum wall stress does not exceed the wall stress limitation shown in the following table:
Type of steel
Average wall stress limitation
Maximum wall stress limitation
I. Plain carbon steels over 0.35 carbon and medium manganese steels 53,000 58,000
II. Steels of analysis and heat treatment specified in spec. 3AA 67,000 73,000
III. Steels of analysis and heat treatment specified in spec. DOT-3T 87,000 94,000
IV. Plain carbon steels less than 0.35 carbon made prior to 1920 45,000 48,000
(i)(A) The average wall stress must be computed from the elastic expansion data using the following formula:
S = 1.7EE / KV−0.4P Where: S = wall stress, pounds per square inch; EE = elastic expansion (total less permanent) in cubic centimeters; K = factor × 10 −7 experimentally determined for the particular type of cylinder being tested or derived in accordance with CGA C-5 (IBR, see § 171.7 of this subchapter); V = internal volume in cubic centimeter (1 cubic inch = 16.387 cubic centimeters); P = test pressure, pounds per square inch.
(B) The formula in paragraph (b)(3)(i)(A) of this section is derived from the formula in paragraph (b)(3)(ii) of this section and the following:
EE = (PKVD 2) / (D 2−d 2)
(ii) The maximum wall stress must be computed from the formula:
S = (P(1.3D 2 + 0.4d 2)) / (D 2−d 2) Where: S = wall stress, pounds per square inch; P = test pressure, pounds per square inch; D = outside diameter, inches; d = D-2t, where t = minimum wall thickness determined by a suitable method.
(iii) Compliance with average wall stress limitation may be determined by computing the elastic expansion rejection limit in accordance with CGA C-5, by reference to data tabulated in CGA C-5, or by the manufacturer's marked elastic expansion rejection limit (REE) on the cylinder.
(4) An external and internal visual examination made at the time of test or retest shows the cylinder to be free from excessive corrosion, pitting, or dangerous defects.
(5) A plus sign (+) is added following the test date marking on the cylinder to indicate compliance with paragraphs (b) (2), (b)(3), and (b)(4) of this section.
(c) Special filling limits for DOT 3A, 3AX, 3AA, and 3AAX cylinders containing Division 2.1 gases. Except for transportation by aircraft, a DOT specification 3A, 3AX, 3AA, and 3AAX cylinder may be filled with hydrogen and mixtures of hydrogen with helium, argon or nitrogen, to a pressure 10% in excess of its marked service pressure subject to the following conditions:
(1) The cylinder must conform to the requirements of paragraph (b)(2) and (b)(3) of this section;
(2) The cylinder was manufactured after December 31, 1945;
(3) DOT specification 3A and 3AX cylinders are limited to those having an intermediate manganese composition.
(i) Cylinders manufactured with intermediate manganese steel must have been normalized, not quench and tempered. Quench and temper treatment of intermediate steel is not authorized.
(ii) Cylinders manufactured with chrome moly steel must have been quenched and tempered, not normalized. Use of normalized chrome moly steel cylinders is not permitted.
(4) Cylinders must be equipped with pressure relief devices as follows:
(i) Cylinders less than 1.7 m (65 inches) in length must be equipped with fusible metal backed frangible disc devices;
(ii) Cylinders 1.7 m (65 inches) or greater in length and 24.5 cm (9.63 inches) in diameter or larger must be equipped with fusible metal backed frangible disc devices or frangible disc devices. Cylinders with a diameter of 0.56 m (22 inches) or larger must be equipped with frangible disc devices.
(d) Carbon monoxide. Carbon monoxide must be offered in a DOT 3, 3A, 3AX, 3AA, 3AAX, 3AL, 3E, or 3T cylinder having a minimum service pressure of 1800 psig. The pressure in a steel cylinder may not exceed 1000 psig at 21 °C (70 °F), except that if the gas is dry and sulfur free, the cylinder may be filled to 5/6 of the cylinder's service pressure or 2000 psig, whichever is less. A DOT 3AL cylinder may be filled to its marked service pressure. A DOT 3AL cylinder is authorized only when transported by motor vehicle, rail car, or cargo-only aircraft.
(e) Diborane and diborane mixtures. Diborane and diborane mixed with compatible compressed gas must be offered in a DOT 3AL1800 or 3AA1800 cylinder. The maximum filling density of the diborane may not exceed 7 percent. Diborane mixed with compatible compressed gas may not have a pressure exceeding the service pressure of the cylinder if complete decomposition of the diborane occurs. Cylinder valve assemblies must be protected in accordance with § 173.301(h).
(f) Fluorine. Fluorine must be shipped in specification 3A1000, 3AA1000, or 3BN400 cylinders without pressure relief devices and equipped with valve protection cap. The cylinder may not be charged to over 400 psig at 21 °C (70 °F) and may not contain over 2.7 kg (6 lbs) of gas.
[67 FR 51646, Aug. 8, 2002, as amended at 68 FR 75745, Dec. 31, 2003; 70 FR 34075, June 13, 2005; 71 FR 54395, Sept. 14, 2006; 72 FR 4455, Jan. 31, 2007; 72 FR 55098, Sept. 28, 2007; 78 FR 1091, Jan. 7, 2013; 81 FR 3676, Jan. 21, 2016]
(a) General. A cylinder filled with a non-liquefied gas must be offered for transportation in UN pressure receptacles subject to the requirements in this section and § 173.302. In addition, the requirements in §§ 173.301 and 173.301b must be met.
(b) UN pressure receptacles filling limits. A UN pressure receptacle is authorized for the transportation of non-liquefied compressed gases as specified in this section. Except where filling limits are specifically prescribed in this section, the working pressure of a UN pressure receptacle may not exceed 2/3 of the test pressure of the receptacle. Alternatively, the filling limits specified for non-liquefied gases in Table 1 of P200 of the UN Recommendations (IBR, see § 171.7 of this subchapter) are authorized. In no case may the internal pressure at 65 °C (149 °F) exceed the test pressure.
(c) Fluorine, compressed, UN 1045 and Oxygen difluoride, compressed, UN 2190. Fluorine, compressed and Oxygen difluoride, compressed must be packaged in a UN pressure receptacle with a minimum test pressure of 200 bar and a maximum working pressure not to exceed 30 bar. A UN pressure receptacle made of aluminum alloy is not authorized. The maximum quantity of gas authorized in each UN pressure receptacle is 5 kg.
(d) Diborane and diborane mixtures, UN 1911. Diborane and diborane mixtures must be packaged in a UN pressure receptacle with a minimum test pressure of 250 bar and a maximum filling ratio dependent on the test pressure not to exceed 0.07. Filling should be further limited so that if complete decomposition of diborane occurs, the pressure of diborane or diborane mixtures will not exceed the working pressure of the cylinder. The use of UN tubes and MEGCs is not authorized.
(e) Carbon monoxide, compressed UN 1016. Carbon monoxide, compressed is authorized in UN pressure receptacles. The settled pressure in a steel pressure receptacle containing carbon monoxide may not exceed 1/3 of the pressure receptacle's test pressure at 65 °C (149 °F) except, if the gas is dry and sulfur-free, the settled pressure may not exceed l/2 of the marked test pressure.
[71 FR 33883, June 12, 2006]
(a) A cylinder filled with an adsorbed gas must be offered for transportation in UN pressure receptacles subject to the requirements in this section and § 173.302, as well as, §§ 173.301 and 173.301b.
(b) The pressure of each filled cylinder must be less than 101.3 kPa at 20 °C (68 °F) and must not exceed 300 kPa at 50 °C (122 °F).
(c) The minimum test pressure of the cylinder must be 21 bar.
(d) The minimum burst pressure of the cylinder must be 94.5 bar.
(e) The internal pressure at 65 °C (149 °F) of the filled cylinder must not exceed the test pressure of the cylinder.
(f) The adsorbent material must be compatible with the cylinder and must not form harmful or dangerous compounds with the gas to be adsorbed. The gas in combination with the adsorbent material must not affect or weaken the cylinder or cause a dangerous reaction (e.g., a catalyzing reaction).
(g) The quality of the adsorbent material must be verified at the time of each fill to assure the pressure and chemical stability requirements of this section are met each time an adsorbed gas package is offered for transport.
(h) The adsorbent material must not meet the definition of any other hazard class.
(i) Cylinders and closures containing toxic gases with an LC50 less than or equal to 200 ml/m3 (ppm) (see the following Adsorbed Gases Table) must meet the following requirements:
(1) Valve outlets must be fitted with pressure retaining gas-tight plugs or caps having threads matching those of the valve outlets.
(2) Each valve must either be of the packless type with non-perforated diaphragm, or be of a type which prevents leakage through or past the packing.
(3) Each cylinder and closure must be tested for leakage after filling.
(4) Each valve must be capable of withstanding the test pressure of the cylinder and be directly connected to the cylinder by either a taper-thread or other means which meets the requirements of ISO 10692-2 (IBR, see § 171.7 of this subchapter); and
(5) Cylinders and valves must not be fitted with a pressure relief device.
(j) Valve outlets for cylinders containing pyrophoric gases must be fitted with gas-tight plugs or caps having threads matching those of the valve outlets.
(k) The filling procedure must be in accordance with Annex A of ISO 11513 (IBR, see § 171.7 of this subchapter).
(l) The maximum period for periodic requalification must be in accordance with § 180.207(c) of this subchapter.
Adsorbed Gases Table
ID No.
LC50 ml/m 3
3510 Adsorbed gas, flammable, n.o.s. z.
3511 Adsorbed gas, n.o.s. z.
3512 Adsorbed gas, toxic, n.o.s. ≤5000 z.
3513 Adsorbed gas, oxidizing, n.o.s. z.
3514 Adsorbed gas, toxic, flammable, n.o.s. ≤5000 z.
3515 Adsorbed gas, toxic, oxidizing, n.o.s. ≤5000 z.
3516 Adsorbed gas, toxic, corrosive, n.o.s. ≤5000 z.
3517 Adsorbed gas, toxic, flammable, corrosive, n.o.s. ≤5000 z.
3518 Adsorbed gas, toxic, oxidizing, corrosive, n.o.s. ≤5000 z.
3519 Boron trifluoride, adsorbed 387 a.
3520 Chlorine, adsorbed 293 a.
3521 Silicon tetrafluoride, adsorbed 450 a.
3522 Arsine, adsorbed 20 d.
3523 Germane, adsorbed 620 d, r.
3524 Phosphorus pentafluoride, adsorbed 190
3525 Phosphine, adsorbed 20 d.
3526 Hydrogen selenide, adsorbed 2
a: Aluminum alloy cylinders must not be used.
d: When steel cylinders are used, only those bearing the “H” mark in accordance with § 173.302b(f) are authorized.
r: The filling of this gas must be limited such that, if complete decomposition occurs, the pressure does not exceed two thirds of the test pressure of the cylinder.
z: The construction materials of the cylinders and their accessories must be compatible with the contents and must not react to form harmful or dangerous compounds therewith.
[80 FR 1161, Jan. 8, 2015]
(a) Cylinder, filler and solvent requirements. (Refer to applicable parts of Specification 8 and 8AL). Acetylene gas must be shipped in Specification 8 or 8AL cylinders (§ 178.59 or § 178.60 of this subchapter). The cylinders shall consist of metal shells filled with a porous material, and this material must be charged with a suitable solvent. The cylinders containing the porous material and solvent shall be successfully tested in accordance with CGA C-12 (IBR, see § 171.7 of this subchapter). Representative samples of cylinders charged with acetylene must be successfully tested in accordance with CGA C-12.
(b) Filling limits. For DOT specification cylinders, the pressure in the cylinder containing acetylene gas may not exceed 250 psig at 70 °F. If cylinders are marked for a lower allowable charging pressure at 70 °F., that pressure must not be exceeded. For UN cylinders, the pressure in the cylinder may not exceed the limits specified in § 173.304b(b)(2).
(c) Data requirements on filler and solvent. Cylinders containing acetylene gas must not be shipped unless they were charged by or with the consent of the owner, and by a person, firm, or company having possession of complete information as to the nature of the porous filling, the kind and quantity of solvent in the cylinders, and the meaning of such markings on the cylinders as are prescribed by the Department's regulations and specifications applying to containers for the transportation of acetylene gas.
(d) Verification of container pressure. (1) Each day, the pressure in a container representative of that day's compression must be checked by the charging plant after the container has cooled to a settled temperature and a record of this test kept for at least 30 days.
(e) Prefill requirements. Before each filling of an acetylene cylinder, the person filling the cylinder must visually inspect the outside of the cylinder in accordance with the prefill requirements contained in CGA C-13, Section 3 (IBR, see § 171.7 of this subchapter).
(f) UN cylinders. (1) UN cylinders and bundles of cylinders are authorized for the transport of acetylene gas as specified in this section.
(i) Each UN acetylene cylinder must conform to ISO 3807:2013€: (IBR, see § 171.7 of this subchapter), have a homogeneous monolithic porous mass filler and be charged with acetone or a suitable solvent as specified in the standard. UN acetylene cylinders must have a minimum test pressure of 52 bar and may be filled up to the pressure limits specified in ISO 3807:2013(E). The use of UN tubes and MEGCs is not authorized.
(ii) Until December 31, 2020, cylinders conforming to the requirements in ISO 3807-2(E) (IBR, see § 171.7 of this subchapter), having a homogeneous monolithic porous mass filler and charged with acetone or a suitable solvent as specified in the standard are authorized. UN acetylene cylinders must have a minimum test pressure of 52 bar and may be filled up to the pressure limits specified in ISO 3807-2(E).
(2) UN cylinders equipped with pressure relief devices or that are manifolded together must be transported upright.
[29 FR 18743, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967] Editorial Note:For Federal Register citations affecting § 173.303, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
(a) General requirements. A cylinder filled with a liquefied compressed gas (except gas in solution) must be offered for transportation in accordance with the requirements of this section and the general requirements in § 173.301. In addition, a DOT specification cylinder must meet the requirement in §§ 173.301a, 173.304a, and 173.305, as applicable. UN pressure receptacles must be shipped in accordance with the requirements in 173.301b and 173.304b, as applicable.
(1) A DOT 3AL cylinder may not be used for any material with a primary or subsidiary hazard of Class 8.
(2) Shipments of Division 2.1 materials in aluminum cylinders are authorized only when transported by motor vehicle, rail car, or cargo-only aircraft.
(b) Filling limits. Except for carbon dioxide; 1,1-Difluoroethylene (R-1132A); nitrous oxide; and vinyl fluoride, inhibited, the liquid portion of a liquefied gas may not completely fill the packaging at any temperature up to and including 55 °C (131 °F). The liquid portion of vinyl fluoride, inhibited, may completely fill the cylinder at 55 °C (131 °F) provided the pressure at the critical temperature does not exceed 1.25 times the service pressure of the cylinder.
(c) Mixture of compressed gas and other material. A mixture of compressed gas must be shipped in accordance with § 173.305.
(d) Refrigerant and dispersant gases. Nontoxic and nonflammable refrigerant or dispersant gases must be offered for transportation in cylinders prescribed in § 173.304a of this subchapter, or in DOT 2P, 2Q, or 2Q1 containers (§§ 178.33, 178.33a, and 178.33d-2 of this subchapter). DOT 2P, 2Q, and 2Q1 containers must be packed in strong outer packagings of such design that protect valves from damage or accidental functioning under conditions incident to transportation. For DOT 2P and 2Q containers, the pressure inside the containers may not exceed 87 psia at 21.1 °C (70 °F). For 2Q1 containers, the pressure inside the container may not exceed 210 psig at 55 °C (131 °F). Each completed metal container filled for shipment must be heated until its contents reach a minimum temperature of 55 °C (131 °F) without evidence of leakage, distortion, or other defect. Each outer package must be plainly marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED SPECIFICATIONS”.
(e) Engine starting fluid. Engine starting fluid containing a flammable compressed gas or gases must be shipped in a cylinder as prescribed in § 173.304a or as follows:
(1) Inside non-refillable metal containers having a capacity not greater than 500 mL (32 in 3). The containers must be packaged in strong, tight outer packagings. The pressure in the container may not exceed 145 psia at 54 °C (130 °F). If the pressure exceeds 145 psia at 54 °C (130 °F), a DOT 2P container must be used. In either case, the metal container must be capable of withstanding, without bursting, a pressure of 1.5 times the pressure of the contents at 54 °C (130 °F). The liquid content of the material and gas may not completely fill the container at 54 °C (130 °F). Each container filled for shipment must have been heated until its contents reach a minimum temperature of 54 °C (130 °F), without evidence of leakage, distortion, or other defect. Each outside shipping container must be plainly marked, “INSIDE CONTAINERS COMPLY WITH PRESCRIBED SPECIFICATIONS”.
(2) [Reserved]
(f) Oxidizing gases by aircraft. A cylinder containing carbon dioxide and oxygen mixture, compressed; liquefied gas, oxidizing, n.o.s.; or nitrous oxide is authorized for transportation by aircraft only when it meets the following requirements:
(1) Only DOT specification 3A, 3AA, 3AL, 3E, 3HT, and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders are authorized.
(i) The rated burst pressure of a rupture disc for DOT 3A, 3AA, 3AL, 3E and 39 cylinders, and UN pressure receptacles ISO 9809-1, ISO 9809-2, ISO 9809-3 and ISO 7866 cylinders must be 100% of the cylinder minimum test pressure with a tolerance of plus zero to minus 10%; and
(i) Conforms to the requirements of either part 178, subparts L and M, of this subchapter at the Packing Group I or II performance level, or the performance criteria in Air Transport Association (ATA) Specification No. 300 for a Category I Shipping Container;
(iii) Prior to each shipment, passes a visual inspection that verifies that all features of the packaging are in good condition, including all latches, hinges, seams, and other features, and the packaging is free from perforations, cracks, dents, or other abrasions that may negatively affect the flame penetration resistance and thermal resistance characteristics of the container.
(6) A cylinder of compressed oxygen that has been furnished by an aircraft operator to a passenger in accordance with 14 CFR 121.574, 125.219, or 135.91 is excepted from the outer packaging requirements of paragraph (f)(3) of this section.
[67 FR 51647, Aug. 8, 2002, as amended at 68 FR 24661, May 8, 2003; 71 FR 33883, June 12, 2006; 72 FR 55098, Sept. 28, 2007; 74 FR 53188, Oct. 16, 2009; 76 FR 56317, Sept. 13, 2011; 78 FR 60754, Oct. 2, 2013; 81 FR 3676, Jan. 21, 2016]
(a) Detailed filling requirements. Liquefied gases (except gas in solution) must be offered for transportation, subject to the requirements in this section and §§ 173.301 and 173.304, in specification cylinders, as follows:
(1) DOT 3, 3A, 3AA, 3AL, 3B, 3BN, 3E, 4B, 4BA, 4B240ET, 4BW, 4E, 39, except that no DOT 4E or 39 packaging may be filled and shipped with a mixture containing a pyrophoric liquid, carbon bisulfide (disulfide), ethyl chloride, ethylene oxide, nickel carbonyl, spirits of nitroglycerin, or toxic material (Division 6.1 or 2.3), unless specifically authorized in this part.
(2) For the gases named, the following requirements apply (for cryogenic liquids, see § 173.316):
Kind of gas
Maximum permitted filling density (percent)
(see Note 1)
Packaging marked as shown in this column or of the same type with higher service pressure must be used, except as provided in §§ 173.301(l), 173.301a(e), and 180.205(a)
(see notes following table)
Anhydrous ammonia 54 DOT-3A480; DOT-3AA480; DOT-3A480X; DOT-4AA480; DOT-3; DOT-3E1800; DOT-3AL480.
Bromotrifluoromethane (R-13B1 or H-1301) 124 DOT-3A400; DOT-3AA400; DOT-3B400; DOT-4AA480; DOT-4B400; DOT-4BA400; DOT-4BW400; DOT-3E1800; DOT-39; DOT-3AL400.
Carbon dioxide (see Notes 4, 7, and 8) 68 DOT-3A1800; DOT-3AX1800; DOT-3AA1800; DOT-3AAX1800; DOT-3; DOT-3E1800; DOT-3T1800; DOT-3HT2000; DOT-39; DOT-3AL1800.
Carbon dioxide (see Notes 4, 7, and 8) 70.3 DOT-3A2000, DOT-3AA2000, DOT-3AX2000, DOT-3AAX2000, DOT-3T2000.
Carbon dioxide, refrigerated liquid (see paragraph (e) of this section) DOT-4L.
Chlorine (see Note 2) 125 DOT-3A480; DOT-3AA480; DOT-3; DOT-3BN480; DOT-3E1800.
Chlorodifluroethane or 1-Chloro-1, 1-difluoroethane (R-142b) 100 DOT-3A150; DOT-3AA150; DOT-3B150; DOT-4B150; DOT-4BA225; DOT-4BW225; DOT-3E1800; DOT-39; DOT-3AL150.
Chlorodifluoromethane (R-22) (see Note 8) 105 DOT-3A240; DOT-3AA240; DOT-3B240; DOT-4B240; DOT-4BA240; DOT-4BW240; DOT-4B240ET; DOT-4E240; DOT-39; DOT-3E1800; DOT-3AL240.
Chloropentafluorethane (R-115) 110 DOT-3A225; DOT-3AA225; DOT-3B225; DOT-4BA225; DOT-4B225; DOT-4BW225; DOT-3E1800; DOT-39; DOT-3AL225.
Chlorotrifluoromethane (R-13) (see Note 8) 100 DOT-3A1800; DOT-3AA1800; DOT-3; DOT-3E1800; DOT-39; DOT-3AL1800.
Cyclopropane (see Note 8) 55 DOT-3A225; DOT-3A480X; DOT-3AA225; DOT-3B225; DOT-4AA480; DOT4B225; DOT-4BA225; DOT-4BW225; DOT-4B240ET; DOT-3; DOT-3E1800; DOT-39; DOT-3AL225.
Dichlorodifluoromethane (R-12) (see Note 8) 119 DOT-3A225; DOT-3AA225; DOT-3B225; DOT-4B225; DOT-4BA225; DOT-4BW225; DOT-4B240ET; DOT-4E225; DOT-39; DOT-3E1800; DOT-3AL225.
Dichlorodifluoromethane and difluoroethane mixture (constant boiling mixture) (R-500) (see Note 8) Not liquid full at 131 °F DOT-3A240; DOT-3AA240; DOT-3B240; DOT-3E1800; DOT-4B240; DOT-4BA240; DOT-4BW240; DOT-4E240; DOT-39.
1,1-Difluoroethane (R-152a) (see note 8) 79 DOT-3A150; DOT-3AA150; DOT-3B150; DOT-4B150; DOT-4BA225; DOT-4BW225; DOT-3E1800; DOT-3AL150.
1,1-Difluoroethylene (R-1132A) 73 DOT-3A2200; DOT-3AA2200; DOT-3AX2200; DOT-3AAX2200; DOT-3T2200; DOT-39.
Dimethylamine, anhydrous 59 DOT-3A150; DOT-3AA150; DOT-3B150; DOT-4B150; DOT-4BA225; DOT-4BW225; ICC-3E1800.
Ethane (see Note 8) 35.8 DOT-3A1800; DOT-3AX1800; DOT-3AA1800; DOT-3AAX1800; DOT-3; DOT-3E1800; DOT-3T1800; DOT-39; DOT-3AL1800.
Ethane (see Note 8) 36.8 DOT-3A2000; DOT-3AX2000; DOT-3AA2000; DOT-3AAX2000; DOT-3T2000; DOT-39; DOT-3AL2000.
Ethylene (see Note 8) 31.0 DOT-3A1800; DOT-3AX1800; DOT-3AA1800; DOT-3AAX1800; DOT-3; DOT-3E1800; DOT-3T1800; DOT-39; DOT-3AL1800.
Ethylene (see Note 8) 32.5 DOT-3A2000; DOT-3AX2000; DOT-3AA2000; DOT-3AAX2000; DOT-3T2000; DOT-39; DOT-3AL2000.
Hydrogen chloride, anhydrous 65 DOT-3A1800; DOT-3AA1800; DOT-3AX1800; DOT-3AAX1800; DOT-3; DOT-3T1800; DOT-3E1800.
Hydrogen sulfide (see Notes 10 and 14) 62.5 DOT-3A; DOT-3AA; DOT-3B; DOT-4A; DOT-4B; DOT-4BA; DOT-4BW; DOT-3E1800; DOT-3AL.
Insecticide, gases liquefied (see Notes 8 and 12) Not liquid full at 131 °F DOT-3A300; DOT-3AA300; DOT-3B300; DOT-4B300; DOT-4BA300; DOT-4BW300; DOT-3E1800.
Liquefied nonflammable gases, other than classified flammable, corrosive, toxic & mixtures or solution thereof filled w/nitrogen, carbon dioxide, or air (see Notes 7 and 8). Not liquid full at 131 °F Specification packaging authorized in paragraph (a)(1) of this section and DOT-3HT; DOT 4D; DOT-4DA; DOT-4DS.
Methyl acetylene-propadiene, mixtures, stabilized; (see Note 5). Not liquid at 131 °F DOT-4B240 without brazed seams; DOT-4BA240 without brazed seams; DOT-3A240; DOT-3AA240; DOT-3B240; DOT-3E1800; DOT-4BW240; DOT-4E240; DOT-4B240ET; DOT-3AL240.
Methyl chloride 84 DOT-3A225; DOT-3AA225; DOT-3B225; DOT-4B225; DOT-4BA225; DOT-4BW225; DOT-3; DOT-3E1800; DOT-4B240ET. Cylinders complying with DOT-3A150; DOT-3B150; and DOT-4B150 manufactured prior to Dec. 7, 1936 are also authorized.
Methyl mercaptan 80 DOT-3A240; DOT-3AA240; DOT-3B240; OT-4B240; DOT-4B240ET; DOT-3E1800; DOT-4BA240; DOT-4BW240.
Nitrosyl chloride 110 DOT-3BN400 only.
Nitrous oxide (see Notes 7, 8, and 11) 68 DOT-3A1800; DOT-3AX1800; DOT-3AA1800; DOT-3AAX1800; DOT-3; DOT-3E1800; DOT-3T1800; DOT-3HT2000; DOT-39; DOT- 3AL1800.
Nitrous oxide (see Notes 7, 8, and 11) 70.3 DOT-3A2000, DOT-3AA2000, DOT-3AX2000, DOT-3AAX2000, DOT-3T2000.
Nitrous oxide ( see Notes 7, 8, and 11) 74.5 DOT-3A2400, DOT-3AA2400, DOT-3AX2400, DOT-3AAX2400, DOT-3T2400.
Nitrous oxide, refrigerated liquid (see paragraph (e) of this section.) DOT-4L.
Refrigerant gas, n.o.s. or Dispersant gas, n.o.s. (see Notes 8 and 13) Not liquid full at 130 °F DOT-3A240; DOT-3AA240; DOT-3B240; DOT-3E1800; DOT-4B240; DOT-4BA240; DOT-4BW240; DOT-4E240; DOT-39; DOT-3AL240.
Sulfur dioxide (see note 8) 125 DOT-3A225; DOT-3AA225; DOT-3B225; DOT-4B225; DOT-4BA225; DOT-4BW225; DOT-4B240ET; DOT-3; DOT-39; DOT-3E1800; DOT-3AL225.
Sulfur hexafluoride 120 DOT-3A1000; DOT-3AA1000; DOT-AAX2400; DOT-3; DOT-3AL1000; DOT-3E1800; DOT-3T1800.
Sulfuryl fluoride 106 DOT-3A480; DOT-3AA480; DOT-3E1800; DOT-4B480; DOT-4BA480; DOT-4BW480.
Tetrafluoroethylene, stabilized 90 DOT-3A1200; DOT-3AA1200; DOT-3E1800.
Trifluorochloroethylene, stabilized 115 DOT-3A300; DOT-3AA300; DOT-3B300; DOT-4B300; DOT-4BA300; DOT-4BW300; DOT-3E1800.
Trimethylamine, anhydrous 57 DOT-3A150; DOT-3AA150; DOT-3B150; DOT-4B150; DOT-4BA225; DOT-4BW225; DOT-3E1800.
Vinyl chloride (see Note 5) 84 DOT-4B150 without brazed seams; DOT-4BA225 without brazed seams; DOT-4BW225; DOT-3A150; DOT-3AA150; DOT-3E1800; DOT-3AL150.
Vinyl fluoride, stabilized 62 DOT-3A1800; DOT-3AA1800; DOT-3E1800; DOT-3AL1800.
Vinyl methyl ether, stabilized(see Note 5) 68 DOT-4B150, without brazed seams; DOT-4BA225 without brazed seams; DOT-4BW225; DOT-3A150; DOT-3AA150; DOT-3B1800; DOT-3E1800.
Note 1: “Filling density” means the percent ratio of the weight of gas in a packaging to the weight of water that the container will hold at 16 °C (60 °F). (1 lb of water = 27.737 in 3 at 60 °F.).
Note 2: Cylinders purchased after Oct. 1, 1944, for the transportation of chlorine must contain no aperture other than that provided in the neck of the cylinder for attachment of a valve equipped with an approved pressure relief device. Cylinders purchased after Nov. 1, 1935, and filled with chlorine may not contain over 68.04 kg (150 lb) of gas.
Note 3: [Reserved]
Note 4: Special carbon dioxide mining devices containing a heating element and filled with not over 2.72 kg (6 lb) of carbon dioxide may be filled to a density of not over 85 percent, provided the cylinder is made of steel with a calculated bursting pressure in excess of 39000 psig, fitted with a frangible disc that will operate at not over 57 percent of that pressure, and is able to withstand a drop of 10 feet when striking crosswise on a steel rail while under a pressure of at least 3000 psig. Such devices must be shipped in strong boxes or must be wrapped in heavy burlap and bound by 12-gauge wire with the wire completely covered by friction tape. Wrapping must be applied so as not to interfere with the functioning of the frangible disc pressure relief device. Shipments must be described as “liquefied carbon dioxide gas (mining device)” and marked, labeled, and certified as prescribed for liquefied carbon dioxide.
Note 5: All parts of valve and pressure relief devices in contact with contents of cylinders must be of a metal or other material, suitably treated if necessary, that will not cause formation of any acetylides.
Note 7: Specification 3HT cylinders for aircraft use only, having a maximum service life of 24 years. Authorized only for nonflammable gases. Cylinders must be equipped with pressure relief devices of the frangible disc type that meet the requirements of § 173.301(f). Each frangible disc must have a rated bursting pressure that does not exceed 90 percent of the minimum required test pressure of the cylinder. Discs with fusible metal backing are not permitted. Cylinders may be offered for transportation only when packaged in accordance with § 173.301(a)(9).
Note 8: See § 173.301(a)(9).
Note 10: Each valve outlet must be sealed by a threaded cap or a threaded solid plug.
Note 11: Must meet the valve and cleaning requirements in § 173.302(b).
Note 12: For an insecticide gas that is nontoxic and nonflammable, see § 173.305(c).
Note 13: For a refrigerant or dispersant gas that is nontoxic and nonflammable, see § 173.304(d).
Note 14: The use of DOT specification cylinder with a marked service pressure of 480 psi is authorized until December 31, 2003.
(b) [Reserved]
(c) Verification of content in cylinder. Except as noted in paragraph (d)(4) of this section, the amount of liquefied gas filled into a cylinder must be by weight or, when the gas is lower in pressure than required for liquefaction, a pressure-temperature chart for the specific gas may be used to ensure that the service pressure at 55 °C (131 °F) will not exceed 5/4 of the service pressure at 21 °C (70 °F). The weight of liquefied gas filled into the cylinder also must be checked, after disconnecting the cylinder from the filling line, by the use of an accurate scale.
(d) Requirements for liquefied petroleum gas. (1) Filling density limits are as follows:
Minimum specific gravity of liquid material at 60 °F
Maximum the filling density in percent of the water-weight capacity of the cylinder
0.271 to 0.289 26
(2) Subject to § 173.301a(d), any filling density percentage prescribed in this section is authorized to be increased by a factor of 2 for liquefied petroleum gas in DOT 3 cylinders or in DOT 3A cylinders marked for 1800 psig, or higher, service pressure.
(3) Liquefied petroleum gas must be shipped in specification cylinders as follows:
(i) DOT 3, 3A, 3AA, 3B, 3E, 3AL, 4B, 4BA, 4B240ET, 4BW, 4E, or 39 cylinders. Shipments of flammable gases in DOT 3AL cylinders are authorized only when transported by motor vehicle, rail car, or cargo-only aircraft.
(ii) Additional containers may be used within the limits of quantity and pressure as follows:
Type of container
Maximum capacity (cubic inches)
Maximum filling pressure
(psig)
DOT-2P or DOT-2Q (see Note 1) 31.83 45 psig at 70 °F and 105 psig at 130 °F (see Note 2).
DOT-2P or DOT-2Q (see Note 1) 31.83 35 psig at 70 °F and 100 psig at 130 °F.
Note 1: Containers must be packed in strong wooden or fiber boxes of such design as to protect valves from damage or accidental functioning under conditions normally incident to transportation. Each completed container filled for shipment must have been heated until its contents reach a temperature of 54 °C (130 °F), without evidence of leakage, distortion, or other defect. Each outside shipping container must be plainly marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED SPECIFICATIONS'.
Note 2: A container must be equipped with a pressure relief device that will prevent rupture of the container and dangerous projection of a closing device when exposed to fire.
(4) Verification of content. A cylinder with a water capacity of 90.72 kg (200 lb) or more and for use with a liquefied petroleum gas with a specific gravity of 0.504 or greater at 16 °C (60 °F) may have the quantity of its contents determined by using a fixed length dip tube gauging device. The length of the dip tube must be such that when a liquefied petroleum gas, with a specific volume of 0.03051 cu. ft./lb. at a temperature of 40 °F, is filled into the container, the liquid just reaches the bottom of the tube. The weight of this liquid may not exceed 42 percent of the water capacity of the container, which must be stamped on the cylinder. The length of the dip tube, expressed in inches carried out to one decimal place and prefixed with the letters “DT”, must be stamped on the container and on the exterior of removable type dip tube. For the purpose of this requirement, the marked length must be expressed as the distance measured along the axis of a straight tube from the top of the boss through which the tube is inserted to the proper level of the liquid in the container. The length of each dip tube must be checked when installed by weighing each container after filling except when installed in groups of substantially identical containers, in which case one of each 25 containers must be weighed. The quantity of liquefied gas in each container must be checked by means of the dip tube after disconnecting from the filling line. The outlet from the dip tube may not be larger than 0.1016 centimeters (0.040 inch; No. 54 drill bit size orifice). A container representative of each day's filling at each filling plant must have its contents checked by weighing after disconnecting from the filling line.
(e) Carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid. (1) The following provisions apply to carbon dioxide, refrigerated liquid, and nitrous oxide, refrigerated liquid:
(i) DOT 4L cylinders conforming to the provisions of this paragraph are authorized.
(ii) Each cylinder must be protected with at least one pressure relief device and at least one frangible disc conforming to § 173.301(f) and paragraph (a)(2) of this section. The relieving capacity of the pressure relief device system must be equal to or greater than that calculated by the applicable formula in paragraph 5.8.3 of CGA S-1.1 (IBR, see § 171.7 of this subchapter).
(iii) The temperature and pressure of the gas at the time the shipment is offered for transportation may not exceed −18 °C (0 °F) and 290 psig for carbon dioxide and −15.6 °C (+4 °F) and 290 psig for nitrous oxide. Maximum time in transit may not exceed 120 hours.
(2) The following pressure relief device settings, design service temperatures and filling densities apply:
Pressure relief device setting maximum start - to discharge gauge pressure in psig
Maximum permitted filling density
(percent by weight)
Carbon dioxide, refrigerated liquid
Nitrous oxide, refrigerated liquid
105 psig 108 104
230 psig 104 99
450 psig 98 83
Design service temperature °C (°F) −196 °C (−320 °F) −196 °C (−320 °F)
[67 FR 51647, Aug. 8, 2002, as amended at 68 FR 24661, May 8, 2003; 68 FR 57632, Oct. 6, 2003; 68 FR 75742, Dec. 31, 2003; 70 FR 34076, June 13, 2005; 72 FR 4456, Jan. 31, 2007; 72 FR 55098, Sept. 28, 2007; 73 FR 4719, Jan. 28, 2008; 81 FR 3676, Jan. 21, 2016]
(a) General. Liquefied gases and gas mixtures must be offered for transportation in UN pressure receptacles subject to the requirements in this section and § 173.304. In addition, the general requirements applicable to UN pressure receptacles in §§ 173.301 and 173.301b must be met.
(b) UN pressure receptacle filling limits. A UN pressure receptacle is authorized for the transportation of liquefied compressed gases and gas mixtures as specified in this section. When a liquefied compressed gas or gas mixture is transported in a UN pressure receptacle, the filling ratio may not exceed the maximum filling ratio prescribed in this section and the applicable ISO standard. Compliance with the filling limits may be determined by referencing the numerical values and data in Table 2 of P200 of the UN Recommendations (IBR, see § 171.7 of this subchapter). Alternatively, the maximum allowable filling limits may be determined as follows:
(1) For high pressure liquefied gases, in no case may the filling ratio of the settled pressure at 65 °C (149 °F) exceed the test pressure of the UN pressure receptacle.
(2) For low pressure liquefied gases, the filling factor (maximum mass of contents per liter of water capacity) must be less than or equal to 95 percent of the liquid phase at 50 °C. In addition, the UN pressure receptacle may not be liquid full at 60 °C. The test pressure of the pressure receptacle must be equal to or greater than the vapor pressure of the liquid at 65 °C.
(3) For high pressure liquefied gases or gas mixtures, the maximum filling ratio may be determined using the formulas in (3)(b) of P200 of the UN Recommendations.
(4) For low pressure liquefied gases or gas mixtures, the maximum filling ratio may be determined using the formulas in (3)(c) of P200 of the UN Recommendations.
(5) For liquefied gases charged with compressed gases, both components - the liquid phase and the compressed - have to be taken into consideration in the calculation of the internal pressure in the pressure receptacle. The maximum mass of contents per liter of water capacity shall not exceed 95 percent of the density of the liquid phase at 50 °C (122 °F); in addition, the liquid phase shall not completely fill the pressure receptacle at any temperature up to 60 °C (140 °F). When filled, the internal pressure at 65 °C (149 °F) shall not exceed the test pressure of the pressure receptacles. The vapor pressures and volumetric expansions of all substances in the pressure receptacles shall be considered. The maximum filling limits may be determined using the procedure in (3)(e) of P200 of the UN Recommendations.
(c) Tetraflouroethylene, stabilized, UN1081 must be packaged in a pressure receptacle with a minimum test pressure of 200 bar and a working pressure not exceeding 5 bar.
(d) Fertilizer ammoniating solution with free ammonia, UN1043 is not authorized in UN tubes or MEGCs.
[74 FR 2265, Jan. 14, 2009, as amended at 82 FR 15891, Mar. 30, 2017]
(a) Detailed requirements. A mixture of a compressed gas and any other material must be shipped as a compressed gas if the mixture is a compressed gas as designated in § 173.115 and when not in violation of § 173.301(a).
(b) Filling limits. (See § 173.301.) For mixtures, the liquid portion of the liquefied compressed gas at 131 °F. plus any additional liquid or solid must not completely fill the container.
(c) Nonpoisonous and nonflammable mixtures. Mixtures containing compressed gas or gases including insecticides, which mixtures are nonpoisonous and nonflammable under this part must be shipped in cylinders as prescribed in § 173.304(a) or as follows:
(1) Specification 2P (§ 178.33 of this subchapter). Inside metal containers equipped with safety relief devices of a type examined by the Bureau of Explosives and approved by the Associate Administrator, and packed in strong wooden or fiber boxes of such design as to protect valves from damage or accidental functioning under conditions incident to transportation. Pressure in the container may not exceed 85 psia at 70 °F. Each completed metal container filled for shipment must be heated until content reaches a minimum temperature of 130 °F., without evidence of leakage, distortion or other defect. Each outside shipping container must be plainly marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED SPECIFICATIONS.”
(d) Poisonous mixtures. A mixture containing any poisonous material (Division 6.1 or 2.3) in such proportions that the mixture would be classed as poisonous under § 173.115 or § 173.132 must be shipped in packagings as authorized for these poisonous materials.
[29 FR 18743, Dec. 29, 1964. Redesignated at 32 FR 5606, Apr. 5, 1967, and amended by Amdt. 173-70, 38 FR 5309, Feb. 27, 1973, Amdt. 173-94, 41 FR 16079, Apr. 15, 1976; 45 FR 32697, May 19, 1980; Amdt. 173-224, 56 FR 66275, 66279, Dec. 20, 1991; 66 FR 45379, Aug. 28, 2001; 67 FR 61013, Sept. 27, 2002; 67 FR 51651, Aug. 8, 2002; 68 FR 24662, May 8, 2003]
(a) Limited quantities of compressed gases for which exceptions are permitted as noted by reference to this section in § 172.101 of this subchapter are excepted from labeling, except when offered for transportation or transported by air, and, unless required as a condition of the exception, specification packaging requirements of this subchapter when packaged in accordance with the following paragraphs. For transportation by aircraft, the package must conform to the applicable requirements of § 173.27 and only packages of hazardous materials authorized aboard passenger-carrying aircraft may be transported as a limited quantity. In addition, shipments are not subject to subpart F (Placarding) of part 172 of this subchapter, to part 174 of this subchapter except § 174.24, and to part 177 of this subchapter except § 177.817. Except as otherwise provided in this section, each package may not exceed 30 kg (66 lbs.) gross weight.
(1) When in containers of not more than 4 fluid ounces capacity (7.22 cubic inches or less) except cigarette lighters. Additional exceptions for certain compressed gases in limited quantities and the ORM-D hazard class are provided in paragraph (i) of this section.
(2) When in refillable metal containers filled with a material that is not classed as a hazardous material to not more than 90% of capacity at 21.1 °C (70 °F) and then charged with nonflammable, nonliquefied gas. Each container must be tested to three times the pressure at 21.1 °C (70 °F) and, when refilled, be retested to three times the pressure of the gas at 21.1 °C (70 °F). Also, one of the following conditions must be met:
(i) The container is not over 0.95 L (1 quart) capacity and charged to not more than 170 psig (1172.1 kPa) at 21.1 °C (70 °F), and must be packed in a strong outer packaging; or
(ii) The container is not over 114 L (30 gallons) capacity and charged to not more than 75 psig (517.1 kPa) at 21.1 °C (70 °F).
(3) When in a metal aerosol container (see § 171.8 of this subchapter for the definition of aerosol). Authorized containers include non-specification, DOT 2P (§ 178.33 of this subchapter), DOT 2Q (§ 178.33a of this subchapter), or DOT 2Q1 (§ 178.33(d) of this subchapter) design, provided the following conditions are met. Additional exceptions for aerosol containers conforming to this paragraph (a)(3) are provided in paragraph (i) of this section.
(i) Capacity. The capacity of the container must not exceed 1 L (61.0 cubic inches).
(ii) General pressure conditions. The authorized metal aerosol containers and associated pressure limitations are provided in the following table. Pressure inside the container may not exceed 180 psig at 54.4 °C (130 °F) except as may be authorized by variations of a DOT specification container type. In any event, the metal container must be capable of withstanding without bursting a pressure of at least one and one-half times the equilibrium pressure of the contents at 54.4 °C (130 °F).
Authorized Metal Aerosol Containers
If the gauge pressure (psig) at 54.4 °C (130 °F) is . . .
Authorized container
140 or less Non-DOT specification, DOT 2P, DOT 2Q, DOT 2Q1.
Greater than 140 but not exceeding 160 DOT 2P, DOT 2Q, DOT 2Q1.
Greater than 160 but not exceeding 180 DOT 2Q, DOT 2Q1.
Not to exceed 210 DOT 2Q1 (Non-flammable only).
(iii) Liquid fill. The liquid content of the material and gas must not completely fill the container at 54.4 °C (130 °F).
(iv) Outer packaging. The containers must be packed in strong outer packagings.
(v) Pressure testing. Except as otherwise provided in this paragraph, each container, after it is filled, must be subjected to a test performed in a hot water bath; the temperature of the bath and the duration of the test must be such that the internal pressure reaches that which would be reached at 55 °C (131 °F), or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F)). If the contents are sensitive to heat, the temperature of the bath must be set at between 20 °C (68 °F) and 30 °C (86 °F) but, in addition, one container in 2,000 must be tested at the higher temperature. No leakage or permanent deformation of a container may occur. However, instead of this standard water bath test, container(s) may be tested using one of the following methods subject to certain conditions -
(A) Alternative water bath test. (1) One filled container in a lot of 2,000 must be subjected to a test performed in a hot water bath; the temperature of the bath and the duration of the test must be such that the internal pressure reaches that which would be reached at 55 °C (131 °F). If the container shows evidence of leakage or permanent deformation, the lot of 2,000 containers must be rejected;
(2) A second filled container in the lot of 2,000 must be weighed and compared to the weight specification for the containers as documented in the operating procedures for the weight test. Failure of the container to meet the weight specification is evidence of leakage or overfilling and the lot of 2,000 must be rejected;
(3) The remainder of the containers in the lot of 2,000 must be visually inspected (e.g, examination of the seams). Containers showing evidence of leakage or overfilling must not be transported; and
(4) Each person employing this test must maintain a copy of the operating procedures (or an electronic file thereof) that is accessible at, or through, its principal place of business and must make the procedures available upon request, at a reasonable time and location, to an authorized official of the Department.
(B) Automated pressure test. Each person employing an automated process for pressure testing of filled containers must develop procedures for implementation of the test. Each person must maintain a copy of the procedures (or an electronic file thereof) that is accessible at, or through, its principal place of business and must make the procedures available upon request, at a reasonable time and location, to an authorized official of the Department. The procedures must, at a minimum, include instruction on the following:
(1) Pressure specifications. Each person must specify pressure standard(s) (e.g., a pressure limit or range) for a container respective of the design and/or contents. Each container, after it is filled, must be pressure checked and compared to the standards. For a pressure limit, any container exceeding the pressure limit must be rejected. For a pressure range, any container outside of the set range must be rejected. The instruments used to determine the pressure must be properly calibrated before a production run to an accuracy of ±or better; and
(2) Periodic inspection. At designated intervals, a randomly selected container must be inspected for proper closure and verification of filling pressure. If a container shows signs of improper closure or over-filling, five (5) additional randomly selected containers must be inspected. If any of the additional containers show signs of improper closure or over-filling, all containers produced since the last inspection must be rejected.
(C) Weight test. Each person employing a weight test of filled containers must develop procedures for implementation of the test. Each person must maintain a copy of the procedures (or an electronic file thereof) that is accessible at, or through, its principal place of business and must make the procedures available upon request, at a reasonable time and location, to an authorized official of the Department. The procedures must, at a minimum, include instruction on the following:
(1) Weight specifications. Each person must specify target weight specifications for a particular container. Each container, after it is filled, must be weighed and compared to the target weight specification for the container. Any container outside the target weight specification is an indication of leakage or overfilling and must be rejected. The instruments used to determine the weight must be properly calibrated before a testing run and be sufficiently sensitive to measure within 0.10 g of the true weight of the container;
(2) Heat testing and pressure limits. One container out of each lot of successfully filled containers must be heat tested by raising the internal pressure until it reaches that which would be reached at 55 °C (131 °F). The lot size should be no greater than 2,000. If the pressure in the container exceeds the maximum pressure allowed for the container type or if the container shows signs of leakage or permanent deformation, the lot must be rejected. Alternatively, five (5) additional randomly selected containers from the lot may be tested to qualify the lot but if any of the five containers fail the test, the entire lot must be rejected;
(3) Periodic inspection. At intervals of not more than 10 minutes, a randomly selected container must be inspected for proper closure and verification of filling pressure. If a container shows signs of improper closure or over-filling, five (5) additional randomly selected containers must be inspected. If any of the additional containers show signs of improper closure or over-filling, all containers produced since the last inspection must be rejected; and
(4) Visual inspection. Each container must be visually inspected prior to being packed. Any container showing signs of leakage or permanent deformation must be rejected.
(D) Leakage test. (1) Pressure and leak testing before filling. Each empty container must be subjected to a pressure equal to or in excess of the maximum expected in the filled containers at 55 °C (131 °F) or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F). This must be at least two-thirds of the design pressure of the container. If any container shows evidence of leakage at a rate equal to or greater than 3.3 × 10−2 mbar L/s at the test pressure, distortion or other defect, it must be rejected; and
(2) Testing after filling. The person filling each container must ensure that the crimping equipment is set appropriately and the specified propellant is used before filling a container. Once filled, each container must be weighed and leak tested. The leak detection equipment must be sufficiently sensitive to detect at least a leak rate of 2.0 × 10−3 mbar L/s at 20 °C (68 °F). Any filled container which shows evidence of leakage, deformation, or overfilling must be rejected.
(vi) Each outer packaging must be marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.”
(4) Gas samples must be transported under the following conditions:
(i) A gas sample may only be transported as non-pressurized gas when its pressure corresponding to ambient atmospheric pressure in the container is not more than 105 kPa absolute (15.22 psia).
(ii) Non-pressurized gases, toxic (or toxic and flammable) must be packed in hermetically sealed glass or metal inner packagings of not more than one L (0.3 gallons) overpacked in a strong outer packaging.
(iii) Non-pressurized gases, flammable must be packed in hermetically sealed glass or metal inner packagings of not more than 5 L (1.3 gallons) and overpacked in a strong outer packaging.
(5) For limited quantities of Division 2.2 gases with no subsidiary risk, when in a non-DOT specification or a specification DOT 2S (§ 178.33b of this subchapter) plastic aerosol container (see § 171.8 of this subchapter for the definition of aerosol) provided all of the following conditions are met. Additional exceptions for aerosols conforming to this paragraph (a)(5) are provided in paragraph (i) of this section.
(ii) General pressure conditions. Authorized plastic aerosol containers and associated pressure limitations are provided in the following table. The pressure in the container must not exceed 160 psig at 54.4 °C (130 °F). The container must be capable of withstanding without bursting a pressure of at least one and one-half times the equilibrium pressure of the contents at 54.4 °C (130 °F).
Authorized Plastic Aerosol Containers
If the gauge pressure (psig) at 55 °C (131 °F) is . . .
Authorized plastic container
Less than 140 Non-DOT specification, DOT 2S.
140 or greater but not exceeding 160 DOT 2S.
(iii) Liquid fill. Liquid content of the material and gas must not completely fill the container at 54.4 °C (130 °F).
(v) Pressure testing. Except as provided in paragraph (a)(5)(vi) of this section, each container must be subjected to a test performed in a hot water bath. The temperature of the bath and the duration of the test must be such that the internal pressure reaches that which would be reached at 55 °C (131 °F) or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F). If the contents are sensitive to heat, or if the container is made of plastic material which softens at this test temperature, the temperature of the bath must be set at between 20 °C (68 °F) and 30 °C (86 °F) but, in addition, one container in 2,000 must be tested at the higher temperature. No leakage or permanent deformation of a container is permitted except that a plastic container may be deformed through softening provided that it does not leak.
(vi) Leakage test. As an alternative to the hot water bath test in paragraph (a)(5)(v) of this section, testing may be performed as follows:
(A) Pressure and leak testing before filling. Each empty container must be subjected to a pressure equal to or in excess of the maximum expected in the filled containers at 55 °C (131 °F) or 50 °C (122 °F) if the liquid phase does not exceed 95% of the capacity of the container at 50 °C (122 °F). This must be at least two-thirds of the design pressure of the container. If any container shows evidence of leakage at a rate equal to or greater than 3.3 × 10−2 mbar L/s at the test pressure, distortion or other defect, it must be rejected; and
(B) Testing after filling. Prior to filling, the filler must ensure that the crimping equipment is set appropriately and the specified propellant is used before filling the container. Once filled, each container must be weighed and leak tested. The leak detection equipment must be sufficiently sensitive to detect at least a leak rate of 2.0 × 10−3 mbar L/s at 20 °C (68 °F). Any filled container that shows evidence of leakage, deformation, or excessive weight must be rejected.
(vii) Each outer packaging must be marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.”
(b) Exceptions for foodstuffs, soap, biologicals, electronic tubes, and audible fire alarm systems. Limited quantities of compressed gases (except Division 2.3 gases) for which exceptions are provided as indicated by reference to this section in § 172.101 of this subchapter, when in conformance with one of the following paragraphs, are excepted from labeling, except when offered for transportation or transported by aircraft, and the specification packaging requirements of this subchapter. For transportation by aircraft, the package must conform to the applicable requirements of § 173.27 and only packages of hazardous materials authorized aboard passenger-carrying aircraft may be transported as a limited quantity. In addition, shipments are not subject to subpart F (Placarding) of part 172 of this subchapter, to part 174 of this subchapter, except § 174.24, and to part 177 of this subchapter, except § 177.817. Additional exceptions for certain compressed gases in limited quantities and the ORM-D hazard class are provided in paragraph (i) of this section.
(1) Foodstuffs or soaps with soluble or emulsified compressed gas are authorized in non-refillable metal or plastic containers not to exceed 1 L (61.0 cubic inches) capacity provided the pressure in each container does not exceed 140 psig at 54.4 °C (130 °F) unless authorized by variation of a container type. For pressures ranging from greater than 140 psig to 160 psig, a variation DOT 2P1 or DOT 2Q2 (§§ 178.33(c) and (d) of this subchapter, respectively) container must be used. However, the pressure of the contents in the container may not be greater than 150 psig at 23.9 °C (75 °F). Plastic containers may only contain Division 2.2 non-flammable soluble or emulsified compressed gas. Metal or plastic containers must be capable of withstanding, without bursting, a pressure of at least one and one-half times the equilibrium pressure of the contents at 54.4 °C (130 °F).
Authorized Aerosol Containers for Foodstuffs and Soaps
Not exceeding 140 Non-DOT specification, DOT 2P, DOT 2P1, DOT 2Q, DOT 2Q2.
Greater than 140 but not exceeding 160 DOT 2P, DOT 2P1, DOT 2Q, DOT 2Q2.
(i) Containers must be packed in strong outer packagings.
(ii) Liquid content of the material and the gas must not completely fill the container at 55 °C (131 °F).
(iii) Each outer packaging must be marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.”
(2) Cream in refillable metal or plastic containers with soluble or emulsified compressed gas. Plastic containers must only contain Division 2.2 non-flammable soluble or emulsified compressed gas. Containers must be of such design that they will hold pressure without permanent deformation up to 375 psig and must be equipped with a device designed so as to release pressure without bursting of the container or dangerous projection of its parts at higher pressures. This exception applies to shipments offered for transportation by refrigerated motor vehicles only.
(3) Nonrefillable metal or plastic containers charged with a Division 6.1 PG III or nonflammable solution containing biological products or a medical preparation that could be deteriorated by heat, and compressed gas or gases. Plastic containers may only contain 2.2 non-flammable soluble or emulsified compressed gas. The capacity of each container may not exceed 35 cubic inches (19.3 fluid ounces). The pressure in the container may not exceed 140 psig at 54.4 °C (130 °F), and the liquid content of the product and gas must not completely fill the containers at 54.4 °C (130 °F). One completed container out of each lot of 500 or less, filled for shipment, must be heated, until the pressure in the container is equivalent to equilibrium pressure of the contents at 54.4 °C (130 °F). There must be no evidence of leakage, distortion, or other defect. The container must be packed in strong outer packagings.
(4) Electronic tubes, each having a volume of not more than 30 cubic inches and charged with gas to a pressure of not more than 35 psig and packed in strong outer packagings are authorized.
(5) Audible fire alarm systems powered by a compressed gas contained in an inside metal container when shipped are authorized under the following conditions:
(i) Each inside container must have contents that are not flammable, poisonous, or corrosive as defined under this part,
(ii) Each inside container may not have a capacity exceeding 35 cubic inches (19.3 fluid ounces),
(iii) Each inside container may not have a pressure exceeding 70 psig at 21.1 °C (70 °F) and the liquid portion of the gas may not completely fill the inside container at 54.4 °C (130 °F), and
(iv) Each nonrefillable inside container must be designed and fabricated with a burst pressure of not less than four times its charged pressure at 54.4 °C (130 °F). Each refillable inside container must be designed and fabricated with a burst pressure of not less than five times its charged pressure at 54.4 °C (130 °F).
(c)-(d) [Reserved]
(e) Refrigerating machines. (1) New (unused) refrigerating machines or components thereof are excepted from the specification packaging requirements of this part if they meet the following conditions. In addition, shipments are not subject to subpart F of part 172 of this subchapter, to part 174 of this subchapter except § 174.24 and to part 177 of this subchapter except § 177.817.
(i) Each pressure vessel may not contain more than 5,000 pounds of Group A1 refrigerant as classified in ANSI/ASHRAE Standard 15 or not more than 50 pounds of refrigerant other than Group A1.
(ii) Machines or components having two or more charged vessels may not contain an aggregate of more than 2,000 pounds of Group I refrigerant or more than 100 pounds of refrigerant other than Group I.
(iii) Each pressure vessel must be equipped with a safety device meeting the requirements of ANSI/ASHRAE 15 (IBR, see § 171.7 of this subchapter).
(iv) Each pressure vessel must be equipped with a shut-off valve at each opening except openings used for safety devices and with no other connection. These valves must be closed prior to and during transportation.
(v) Pressure vessels must be manufactured, inspected and tested in accordance with ANSI/ASHRAE 15, or when over 6 inches internal diameter, in accordance with Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter).
(vi) All parts subject to refrigerant pressure during shipment must be tested in accordance with ANSI/ASHRAE 15.
(vii) The liquid portion of the refrigerant, if any, may not completely fill any pressure vessel at 130 °F.
(viii) The amount of refrigerant, if liquefied, may not exceed the filling density prescribed in § 173.304.
(2) Used refrigerating machines - (i) Packaging. Reconditioned (used) refrigerating machines (UN 2857, Div. 2.2) may be excepted from the marking requirements of § 172.302(c) of this subchapter and transported by motor vehicle when they conform to the requirements prescribed in § 173.306(e)(1), are secured or permanently attached to the motor vehicle, and are:
(A) Permanently affixed to a steel base structure,
(B) Permanently affixed to a trailer, or
(C) Manufactured with a rigid internal structure designed for transportation and stacking conditions such that they do not leak and do not deteriorate, distort, or become damaged in a manner that could adversely affect their safety or reduce their strength in transportation, cause instability in stacks of refrigerating machines, or cause damage to these machines in a way that is likely to reduce safety in transportation.
(ii) Testing. Used refrigerating machines returned from their rental locations must be transported back to an authorized original equipment manufacturer service facility and undergo maintenance, repair and/or replacement that renders these machines operational at the same level as that of new refrigerating machines, and must undergo a leak test by a certified technician, prior to re-shipment.
(f) Accumulators (Articles, pressurized pneumatic or hydraulic containing non-flammable gas). The following applies to accumulators, which are hydraulic accumulators containing nonliquefied, nonflammable gas, and nonflammable liquids or pneumatic accumulators containing nonliquefied, nonflammable gas, fabricated from materials which will not fragment upon rupture.
(1) Accumulators installed in motor vehicles, construction equipment, and assembled machinery and designed and fabricated with a burst pressure of not less than five times their charged pressure at 70 °F, when shipped, are not subject to the requirements of this subchapter.
(2) Accumulators charged with limited quantities of compressed gas to not more than 200 psig at 70 °F are excepted from labeling (except when offered for transportation by air) and the specification packaging requirements of this subchapter when shipped under the following conditions. In addition, shipments are not subject to subpart F (placarding) of part 172 of this subchapter, to part 174 of this subchapter except § 174.24 and to part 177 of this subchapter except § 177.817.
(i) Each accumulator must be shipped as an inside packaging;
(ii) Each accumulator may not have a gas space exceeding 2,500 cubic inches under stored pressure; and
(iii) Each accumulator must be tested, without evidence of failure or damage, to at least three times its charged pressure of 70 °F, but not less than 120 psi before initial shipment and before each refilling and reshipment.
(3) Accumulators with a charging pressure exceeding 200 psig at 70 °F and in compliance with the requirements stated in paragraph (f)(2) of this section, as applicable, are excepted from labeling (except when offered for transportation by air) and the specification packaging requirements of this subchapter when shipped under the following conditions:
(i) Each accumulator must be designed and fabricated with a burst pressure of not less than five (5) times its charged pressure at 70 °F when shipped;
(ii) For an accumulator with a gas space not to exceed 100 cubic inches, it must be designed and fabricated with a burst pressure of not less than five (5) times its charged pressure at 70 °F. Out of each lot not to exceed 1,000 successively produced accumulators per day of the same type, accumulators must be tested, in lieu of the testing of paragraph (f)(2)(iii) of this section, as follows:
(A) One (1) accumulator must be tested to the minimum design burst pressure;
(B) Two (2) accumulators, one at the beginning of production and one at the end must be tested to at least two and a half times the charge pressure without evidence of leakage or distortion;
(C) If accumulators fail either test, an additional four (4) sets of accumulators from the lot may be tested. If any additional accumulators fail, the lot must be rejected;
(iii) For an accumulator with a gas space not to exceed 30 cubic inches, it must be designed and fabricated with a burst pressure of not less than four (4) times its charged pressure at 70 °F. Out of each lot not to exceed 1,000 successively produced accumulators per day of the same type, accumulators must be tested, in lieu of the testing of paragraph (f)(2)(iii) of this section, as follows:
(iv) Accumulators must be packaged in strong outer packaging.
(4) Accumulators intended to function as shock absorbers, struts, gas springs, pneumatic springs or other impact or energy-absorbing devices are not subject to the requirements of this subchapter provided each:
(i) Has a gas space capacity not exceeding 1.6 L and a charge pressure not exceeding 280 bar, where the product of the capacity expressed in liters and charge pressure expressed in bars does not exceed 80 (for example, 0.5 L gas space and 160 bar charge pressure);
(ii) Has a minimum burst pressure of 4 times the charge pressure at 20 °C for products not exceeding 0.5 L gas space capacity and 5 times the charge pressure for products greater than 0.5 L gas space capacity;
(iii) Design type has been subjected to a fire test demonstrating that the article relieves its pressure by means of a fire degradable seal or other pressure relief device, such that the article will not fragment and that the article does not rocket; and
(iv) Accumulators must be manufactured under a written quality assurance program which monitors parameters controlling burst strength, burst mode and performance in a fire situation as specified in paragraphs (f)(4)(i) through (f)(4)(iii) of this section. A copy of the quality assurance program must be maintained at each facility at which the accumulators are manufactured.
(5) Accumulators not conforming to the provisions of paragraphs (f)(1) through (f)(4) of this section may only be transported subject to the approval of the Associate Administrator.
(g) Water pump system tank. Water pump system tanks charged with compressed air or limited quantities of nitrogen to not over 40 psig for single-trip shipment to installation sites are excepted from labeling (transportation by air not authorized) and the specification packaging requirements of this subchapter when shipped under the following conditions. In addition, shipments are not subject to subpart F of this subchapter, to part 174 of this subchapter except § 174.24 and part 177 except § 177.817.
(1) The tank must be of steel, welded with heads concave to pressure, having a rated water capacity not exceeding 120 gallons and with outside diameter not exceeding 24 inches. Safety relief devices not required.
(2) The tank must be pneumatically tested to 100 psig. Test pressure must be permanently marked on the tank.
(3) The stress at prescribed pressure must not exceed 20,000 psi using formula:
S = Pd / 2t where: S = wall stress in psi: P = prescribed pressure for the tank of at least 3 times charged pressure at 70 °F or 100 psig, whichever is greater; d = inside diameter in inches; t = minimum wall thickness, in inches.
(4) The burst pressure must be at least 6 times the charge pressure at 70 °F.
(5) Each tank must be overpacked in a strong outer packaging in accordance with § 173.301(h).
(h) Lighter refills. (1) Lighter refills (see § 171.8 of this subchapter) must not contain an ignition element but must contain a release device. Lighter refills offered for transportation under this section may not exceed 4 fluid ounces capacity (7.22 cubic inches) or contain more than 65 grams of a Division 2.1 fuel. For transportation by highway or rail, lighter refills must be tightly packed and secured against movement in strong outer packagings. For transportation by aircraft or vessel, lighter refills must be tightly packed and secured against movement in any rigid specification outer packaging authorized in subpart L of part 178 of this subchapter at the Packing Group II performance level.
(2) Exceptions. (i) For other than transportation by aircraft, exceptions for certain compressed gases in limited quantities and the ORM-D hazard class are provided in paragraph (i) of this section.
(ii) For highway transportation, when no more than 1,500 lighter refills covered by this paragraph are transported in one motor vehicle, the requirements of subparts C through H of part 172, and part 177 of this subchapter do not apply. Lighter refills covered under this paragraph must be packaged in rigid, strong outer packagings meeting the general packaging requirements of subpart B of this part. Outer packagings must be plainly and durably marked on two opposing sides or ends with the words “LIGHTER REFILLS” and the number of devices contained therein in letters measuring at least 20 mm (0.79 in) in height. No person may offer for transportation or transport the lighter refills or prepare the lighter refills for shipment unless that person has been specifically informed of the requirements of this section.
(i) Limited quantities. (1) A limited quantity that conforms to the provisions of paragraph (a)(1), (a)(3), (a)(5), (b) or, except for transportation by aircraft, paragraph (h) of this section is excepted from labeling requirements, unless the material is offered for transportation or transported by aircraft, and the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. Packages must be marked in accordance with § 172.315(a) or (b), as appropriate, or as authorized in paragraph (i)(2) of this section. Unless otherwise specified in paragraph (i)(2) of this section, packages of limited quantities intended for transportation by aircraft must conform to the applicable requirements (e.g., authorized materials, inner packaging quantity limits and closure securement) of § 173.27 of this part. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. Outside packagings conforming to this paragraph are not required to be marked “INSIDE CONTAINERS COMPLY WITH PRESCRIBED REGULATIONS.” In addition, packages of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight.
(2) Consumer commodities. Until December 31, 2020, a limited quantity package containing a “consumer commodity” as defined in § 171.8 of this subchapter may be renamed “Consumer commodity” and reclassed as ORM-D or, until December 31, 2012, as ORM-D-AIR material and offered for transportation and transported in accordance with the applicable provisions of this subchapter in effect on October 1, 2010.
(j) Aerosols and receptacles small, containing gas with a capacity of less than 50 mL. Aerosols, as defined in § 171.8 of this subchapter, and receptacles, small, containing gas, with a capacity not exceeding 50 mL (1.7 fluid oz.) and with a pressure not exceeding 970 kPa (141 psig) at 55 °C (131 °F), containing no hazardous materials other than a Division 2.2 gas, are not subject to the requirements of this subchapter except that for transport by aircraft, such aerosols and receptacles must be transported as cargo and may not be carried onboard an aircraft by passengers or crewmembers in carry-on baggage, checked baggage, or on their person unless specifically excepted by § 175.10. The pressure limit may be increased to 2,000 kPa (290 psig) at 55 °C (131 °F) provided the aerosols are transported in outer packages that conform to the packaging requirements of Subpart B of this part. This paragraph (j) does not apply to a self-defense spray (e.g., pepper spray).
(k) Aerosols for recycling or disposal. Aerosols (as defined in § 171.8 of this subchapter) intended for recycling or disposal may be transported under the following conditions:
(1) Aerosols conforming to paragraph (a)(3), (a)(5), (b)(1), (b)(2), or (b)(3) of this section are excepted from the labeling requirements of subpart E of part 172 this subchapter, the specification packaging requirements of this subchapter when packaged in accordance with this paragraph, the shipping paper requirements of subpart C of part 172 of this subchapter (unless the material meets the definition of a hazardous substance or hazardous waste), and the 30 kg (66 pounds) gross weight limitation, when transported by motor vehicle for purposes of recycling or disposal under the following conditions:
(i) The aerosols must be packaged in a strong outer packaging. The strong outer packaging and its contents must not exceed a gross weight of 500 kg (1,100 pounds);
(ii) Each aerosol must be secured with a cap to protect the valve stem or the valve stem must be removed;
(iii) Each completed package must be marked in accordance with § 172.315(a); and
(iv) The packaging must be offered for transportation or transported by -
(A) Private or contract motor carrier; or
(B) Common carrier in a motor vehicle under exclusive use for such service.
(2) Aerosols intended to conform to paragraphs (a)(3) or (a)(5) of this section at the time of filling but are leaking, have been improperly filled, or otherwise no longer conform to paragraphs (a)(3) or (a)(5) of this section may be offered for transportation and transported for disposal or recycling under the conditions provided in this paragraph (k)(2). Such aerosols are not eligible for the exceptions provided in paragraphs (a) and (i) of this section except for subpart F (Placarding) of part 172 of this subchapter.
(i) Packaging. (A) The aerosols must be packaged in a metal or plastic removable head UN 1A2, 1B2, 1N2 or 1H2 drum tested and marked to the PG II performance level or higher for liquids;
(B) Each drum must be provided, when necessary, with sufficient cushioning and absorption material to prevent excessive shifting of the aerosols and to eliminate the presence of any free liquid at the time the drum is closed. All cushioning and absorbent material used in the drum must be compatible with the hazardous material; and
(C) The pressure inside each completed drum, at any time during transportation, may not exceed the design test pressure marked on the drum.
(ii) Hazard communication. (A) Notwithstanding the marking requirements for non-bulk packages in § 172.301 of this subchapter, each drum must be marked “AEROSOL SALVAGE” or “AEROSOL SALVAGE DRUM” in association with the required label(s); and
(B) The overpack marking requirements of § 173.25 of this subchapter do not apply.
(3) Modal restrictions. The completed drums must be offered for transportation and transported by private or contract carrier by highway or rail. Vessel and air transportation are not authorized.
(l) For additional exceptions, see § 173.307.
(m) Reverse logistics. Hazardous materials meeting the definition of “reverse logistics” under § 171.8 of this subchapter and in compliance with this section may be offered for transport and transported in highway transportation in accordance with § 173.157. For the purposes of this paragraph a cylinder or aerosol container may be assumed to meet the definition of a Division 2.1 or 2.2 material, respectively, even if the exact pressure is unknown.
[Amdt. 173-94, 41 FR 16079, Apr. 15, 1976] Editorial Note:For Federal Register citations affecting § 173.306, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
(a) The following materials are not subject to the requirements of this subchapter:
(1) Carbonated beverages.
(2) Tires when inflated to pressures not greater than their rated inflation pressures. For transportation by air, tires and tire assemblies must meet the conditions in § 175.8(b)(4) of this subchapter.
(3) Balls used for sports.
(4) Refrigerating machines, including dehumidifiers and air conditioners, and components thereof, such as precharged tubing containing:
(i) 12 kg (25 pounds) or less of a non-flammable, non-toxic gas;
(ii) 12 L (3 gallons) or less of ammonia solution (UN2672);
(iii) Except when offered or transported by air, 12 kg (25 pounds) or less of a flammable, non-toxic gas;
(iv) Except when offered or transported by air or vessel, 20 kg (44 pounds) or less of a Group A1 refrigerant specified in ANSI/ASHRAE Standard 15 (IBR, see § 171.7 of this subchapter); or
(v) 100 g (4 ounces) or less of a flammable, non-toxic liquefied gas.
(5) Manufactured articles or apparatuses, other than light bulbs each containing not more than 100 mg (0.0035 ounce) of inert gas and packaged so that the quantity of inert gas per package does not exceed 1 g (0.35 ounce).
(6) Light bulbs (lamps) conforming to the requirements of § 173.11.
[Amdt. 173-94, 41 FR 16081, Apr. 15, 1976, as amended by Amdt. 173-135, 45 FR 13090, Feb. 28, 1980; 65 FR 50462, Aug. 18, 2000; 68 FR 45038, July 31, 2003; 68 FR 75745, Dec. 31, 2003; 69 FR 76174, Dec. 20, 2004; 71 FR 14604, Mar. 22, 2006; 74 FR 2266, Jan. 14, 2009; 76 FR 3380, Jan. 19, 2011; 80 FR 1162, Jan. 8, 2015]
(a) General requirements. No person may offer for transportation or transport a lighter (see § 171.8 of this subchapter) containing a Division 2.1 (flammable gas) material except under the following conditions:
(1) The lighter must contain a fuel reservoir not exceeding 4 fluid ounces capacity (7.22 cubic inches), and must contain not more than 10 grams (0.35 ounce) of flammable gas.
(2) The maximum filling density may not exceed 85 percent of the volumetric capacity of each fluid reservoir at 15 °C (59 °F).
(3) Each lighter design, including closures, must be capable of withstanding, without leakage or rupture, an internal pressure of at least two times the pressure of the flammable gas at 55 °C (131 °F).
(4) Each appropriate lighter design must be examined and successfully tested by a person or agency (authorized testing agency) who is authorized by the Associate Administrator to perform such examination and testing under the provisions of subpart E of part 107 of this chapter and who -
(i) Has the equipment necessary to perform the testing required to the level of accuracy required;
(ii) Is able to demonstrate, upon request, the knowledge of the testing procedures and requirements of the HMR relative to lighters;
(iii) Does not manufacture or market lighters, is not financially dependent or owned in whole or in part, by any entity that manufactures or markets lighters;
(iv) Is a resident of the United States; and
(v) Performs all examination and testing in accordance with the requirements of paragraph (b)(3) and (4) of this section.
(5) The Associate Administrator will assign an identification code to each person who is authorized to examine and test lighters. This identification code must be incorporated into a unique test report identifier for each successfully tested lighter design.
(b) Examination and testing of lighter design types - (1) Lighter design type definition. A new lighter design is one that has never been examined and tested or one that differs from a previous design in any manner that may affect the escape (leakage) of gas. Lighter characteristics that may affect the escape of gas include changes in materials of construction, ignition mechanism, burner valve design, wall thickness, sealing materials, and type of fuel (e.g., vapor pressure differences).
(2) Lighter samples submitted for examination and testing. Samples of a new lighter design are excepted from the requirements of (a)(4) and (d) of this section and may be offered for transportation and transported under the following conditions:
(i) The samples must be transported only to an authorized testing agency;
(ii) No more than 12 lighters may be packaged in a single outer packaging;
(iii) Inner packagings must conform to the requirements of paragraph (c)(1) of this section. For transportation by aircraft, intermediate or outer packagings must meet the pressure differential requirements of § 173.27(c) of this part;
(iv) The outer packaging must conform to the requirements of subpart M of part 178 of this subchapter at the Packing Group I performance level and to the requirements of § 173.24 of this subpart;
(v) The word “sample” must appear on the shipping paper as part of the proper shipping name or in association with the basic description; and
(vi) In addition to other required markings and labels, the package must be marked “SAMPLE FOR EXAMINATION AND TESTING.”
(vii) All other applicable requirements of this subchapter must be met.
(3) Examination and testing of sample lighters by an authorized testing agency. Each sample lighter must be examined for conformance with paragraph (a) of this section by a person authorized by the Associate Administrator. In addition, lighters must be subjected to the following leakage test:
(i) A minimum of six lighters must be examined and tested at one time. Store the lighters in a desiccator for 24 hours. After drying, weigh each lighter on an analytical balance capable of accurately measuring to within 1/10 of a milligram (0.0001 grams).
(ii) After weighing, place the lighters together in an explosion-proof, controlled-temperature laboratory oven capable of maintaining 38 ±1 °C (100 ±2 °F) for 96 continuous hours (4 days). At the end of 96 hours, remove the lighters from the oven and place them in the same desiccator and allow the lighters to cool to ambient temperature.
(iii) After cooling, weigh each lighter and determine the net weight differences for each lighter tested (subtract the mass after oven exposure from the original mass before oven exposure).
(iv) Weight losses must be assessed to determine the quantity of gas that leaked from the lighters and from the weight change as a result of absorbed moisture. If the net weight has increased, the test facility must run the required test using six empty lighters in parallel with the six filled lighters. The parallel tests are conducted to determine the weight of moisture absorbed in the plastic in order to determine the weight loss of the lighters from gas leakage.
(v) If the net weight loss for any one of the six lighters exceeds 20 milligrams (0.020 grams), the design must be rejected.
(vi) Lighters manufactured to a rejected lighter design may not be offered for transportation or transported in commerce unless approved in writing by the Associate Administrator.
(4) Recordkeeping requirements. (i) Following the examination of each new lighter design, the person or agency that conducted the examination and test must prepare a test report and make that test report available to the manufacturer. At a minimum, the test report must contain the following information:
(A) Name and address of test facility;
(B) Name and address of applicant;
(C) A test report identifier, that is, the authorized person or agency identifier code immediately followed by an alpha/numeric identifier of four or more characters assigned to the specific lighter design by the authorized person or agency (e.g., “LAA****,” where, “LAA” is the identification code assigned to the authorized person or agency by the Associate Administrator and “****” is replaced with the unique test report identifier assigned to the specific lighter design by the authorized person or agency);
(D) Manufacturer of the lighter. For a foreign manufacturer, the U.S. agent or importer must be identified;
(E) Description of the lighter design type (e.g., model, dimensions, ignition mechanism, reservoir capacity, lot/batch number) in sufficient detail to ensure conformance with paragraph (b)(4)(iii) of this section; and
(F) A certification by the authorized testing agency that the lighter design conforms to paragraph (a) of this section and passes or does not pass the required leakage test in paragraph (b) of this section.
(ii) For as long as any lighter design is in production and for at least three years thereafter, a copy of each lighter's test report must be maintained by the authorized testing agency that performed the examination and testing and the manufacturer of the design. For a foreign manufacturer, each test report must be maintained in accordance with this paragraph by the foreign manufacturer's U.S. agent or importer.
(iii) Test reports must be traceable to a specific lighter design and must be made available to a representative of the Department upon request.
(5) Transitional provisions. Until January 1, 2012, approval numbers issued by the Associate Administrator prior to January 1, 2007 may continue to be marked on packages and annotated on shipping papers, where applicable. After that time, previously issued approvals (i.e., T-***) will no longer be valid and each lighter design currently in production must be re-examined and tested under the provisions of this section.
(c) Packaging requirements - (1) Inner containment. Lighters must be placed in an inner packaging that is designed to prevent movement of the lighters and inadvertent ignition or leakage. The ignition device and gas control lever of each lighter must be designed, or securely sealed, taped, or otherwise fastened or packaged to protect against accidental functioning or leakage of the contents during transport. If lighters are packed vertically in a plastic tray, a plastic, fiberboard or paperboard partition must be used to prevent friction between the ignition device and the inner packaging.
(2) Outer packaging. Lighters and their inner packagings must be tightly packed and secured against movement in any rigid specification outer packaging authorized in subpart L of part 178 of this subchapter at the Packing Group II performance level.
(d) Shipping paper and marking requirements. (1) In addition to the requirements of subpart C of part 172, shipping papers must be annotated with the lighter design test report identifier (see paragraph (b)(4)(i)(C) of this section) traceable to the test report assigned to the lighters or, if applicable, the previously issued approval number (i.e., T***), in association with the basic description.
(2) In addition to the requirements of subpart D of part 172, a lighter design test report identifier (see paragraph (b)(4)(i)(C) of this section) or, if applicable, the previously issued approval number (i.e., T***), must be marked on a package containing lighters.
(3) For transportation by vessel in a closed transport vehicle or a closed freight container, the following warning must be affixed to the access doors:
WARNING - MAY CONTAIN EXPLOSIVE MIXTURES WITH AIR - KEEP IGNITION SOURCES AWAY WHEN OPENING
The warning must be on a contrasting background and must be in letters measuring at least 12.7 mm (0.5 inch) in height.
(e) Exceptions - (1) Common or contract carriage. For highway transportation by common or contract carrier, when no more than 1,500 lighters covered by this section are transported in one motor vehicle, the requirements of subparts C through H of part 172, and part 177 of this subchapter do not apply. Lighters transported in accordance with this paragraph are also excepted from the specification packaging, shipping paper, and marking requirements specified in § 173.308(c) and (d). Inner packagings must conform to paragraph (c)(1) of this section. Lighters must be further packaged in rigid, strong outer packagings meeting the general packaging requirements of subpart B of part 173. Outer packagings must be plainly and durably marked, on two opposing sides or ends, with the word “LIGHTERS” and the number of devices contained therein in letters measuring at least 20 mm (0.79 in) in height. In addition, the package must include the test report identifier for each lighter design as specified in paragraph (b)(4)(i)(C) of this section or, if applicable, the previously issued approval number (i.e., T***). The test report identifier or approval number must be durable, legible, in English, and located in, attached to, or marked directly on the package. No person may offer for transportation or transport the lighters or prepare the lighters for shipment unless that person has been specifically informed of the requirements of this section.
(2) Private carriage. For highway transportation by a private carrier, lighters that have been examined and successfully tested in accordance with this section are not subject to any other requirements of this subchapter under the following conditions:
(i) No person may offer for transportation or transport the lighters or prepare the lighters for shipment unless that person has been specifically informed of the requirements of this section;
(ii) Lighters must be placed in an inner packaging that is designed to prevent accidental activation of the ignition device or valve, release of gas, and movement of the lighters (e.g., tray, blister pack, etc.);
(iii) Inner packagings must be placed in a securely closed rigid outer packaging that limits movement of the inner packagings and protects them from damage;
(iv) The outer package may contain not more than 300 lighters;
(v) A transport vehicle may carry not more than 1,500 lighters at any one time;
(vi) The lighters may not be placed in an outer packaging with other hazardous materials; and
(vii) Outer packagings must be plainly and durably marked with the words “LIGHTERS, excepted quantity.”
[71 FR 3427, Jan. 23, 2006, as amended at 73 FR 57006, Oct. 1, 2008]
This section applies to portable fire extinguishers for manual handling and operation, fire extinguishers for installation in aircraft, and large fire extinguishers. Large fire extinguishers include fire extinguishers mounted on wheels for manual handling; fire extinguishing equipment or machinery mounted on wheels or wheeled platforms or units transported similar to (small) trailers; and fire extinguishers composed of a non-rollable pressure drum and equipment, and handled, for example, by fork lift or crane when loaded or unloaded.
(a) Specification 3A, 3AA, 3E, 3AL, 4B, 4BA, 4B240ET or 4BW (§§ 178.36, 178.37, 178.42, 178.46, 178.50, 178.51, 178.55 and 178.61 of this subchapter) cylinders are authorized for manufacture and use as fire extinguishers under the following conditions:
(1) Extinguishing agents must be nonflammable, non-poisonous, non-corrosive, and commercially free from corroding components;
(2) Each fire extinguisher must be charged with a nonflammable, non-poisonous, dry gas that has a dew-point at or below minus 46.7 °C (minus 52 °F) at 101 kPa (1 atmosphere) and is free of corroding components, to not more than the service pressure of the cylinder;
(3) A fire extinguisher may not contain more than 30% carbon dioxide by volume or any other corrosive extinguishing agent; and
(4) Each fire extinguisher must be protected externally by suitable corrosion-resisting coating.
(5) Specification 3E and 4BA cylinders must be packed in strong non-bulk outer packagings. The outside of the combination packaging must be marked with an indication that the inner packagings conform to the prescribed specifications.
(b) Specification 2P or 2Q (§§ 178.33 and 178.33a of this subchapter) inner non-refillable metal packagings are authorized as fire extinguishers subject to the following conditions:
(1) Extinguishing agents must be nonflammable, non-poisonous, and non-corrosive as defined in this subchapter;
(2) The liquid portion of the gas plus any additional liquid or solid may not completely fill the packaging at 55 °C (130 °F);
(3) Pressure in the packaging must not exceed 1250 kPa (181 psig) at 55 °C (130 °F). If the pressure exceeds 920 kPa (141 psig) at 55 °C (130 °F), but does not exceed 1100 kPa (160 psig) at 55 °C (130 °F), a specification DOT 2P inner metal packaging must be used; if the pressure exceeds 1100 kPa (160 psig) at 55 °C (130 °F), a specification DOT 2Q inner metal packaging must be used. The metal packaging must be capable of withstanding, without bursting, a pressure of one and one-half times the equilibrium pressure of the contents at 55 °C (130 °F);
(4) Each completed inner packaging filled for shipment must have been heated until the pressure in the container is equivalent to the equilibrium pressure of the contents at 55 °C (130 °F) without evidence of leakage, distortion, or other defect; and
(5) Specification 2P and 2Q cylinders must be packed in strong non-bulk outer packagings. The outside of the combination packaging must be marked with an indication that the inner packagings conform to the prescribed specifications.
(c) Non-specification cylinders are authorized as fire extinguishers subject to the following conditions:
(2) The internal volume of each cylinder may not exceed 18 L (1,100 cubic inches). For fire extinguishers not exceeding 900 mL (55 cubic inches) capacity, the liquid portion of the gas plus any additional liquid or solid must not completely fill the container at 55 °C (130 °F). Fire extinguishers exceeding 900 mL (55 cubic inches) capacity may not contain any liquefied compressed gas;
(3) Each fire extinguisher manufactured on and after January 1, 1976, must be designed and fabricated with a burst pressure of not less than six times its charged pressure at 21 °C (70 °F) when shipped;
(4) Each fire extinguisher must be tested, without evidence of failure or damage, to at least three times its charged pressure at 21 °C (70 °F) but not less than 825 kPa (120 psig) before initial shipment, and must be marked to indicate the year of the test (within 90 days of the actual date of the original test) and with the words “MEETS DOT REQUIREMENTS.” This marking is considered a certification that the fire extinguisher is manufactured in accordance with the requirements of this section. The words “This extinguisher meets all requirements of 49 CFR 173.306” may be displayed on fire extinguishers manufactured prior to January 1, 1976;
(5) Each non-specification fire extinguisher must be packaged as an inner packaging within a combination outer packaging. Examples of acceptable outer packagings for non-specification fire extinguishers include large cartons, racks, cages or other suitable enclosures; and
(6) For any subsequent shipment, each fire extinguisher must be in compliance with the retest requirements of the Occupational Safety and Health Administration Regulations of the Department of Labor, 29 CFR 1910.157.
(d) Limited quantities: Fire extinguishers otherwise conforming to paragraph (a), (b), or (c) of this section and are charged with a limited quantity of compressed gas to not more than 1660 kPa (241 psig) at 21 °C (70 °F) are excepted from shipping papers (except when offered for transportation by aircraft or vessel), labeling (except when offered for transportation by aircraft), placarding, the specification packaging requirements of this subchapter, and are eligible for the exceptions provided in § 173.156 when offered for transportation in accordance with this paragraph (d). Limited quantity shipments conforming to this paragraph are not subject to parts 174 and 177 of this subchapter when transported by highway or rail. In addition, limited quantity packages of fire extinguishers are subject to the following conditions, as applicable:
(1) Extinguishing agents must be nonflammable, non-poisonous, and non-corrosive as defined in this subchapter; and
(2) Packages must be marked as specified for limited quantities in § 172.315 of this subchapter.
(e) Large fire extinguishers may be transported while unpackaged under the following conditions:
(1) The requirements of § 173.24(b) are met;
(2) The valves are protected in accordance with § 173.301b(c)(2)(i), (ii), (iii) or (v); and
(3) Other equipment mounted on the fire extinguisher is protected to prevent accidental activation.
[78 FR 1116, Jan. 7, 2013, as amended at 80 FR 1162, Jan. 8, 2015; 80 FR 72927, Nov. 23, 2015]
Radiation detectors, radiation sensors, electron tube devices, or ionization chambers, herein referred to as “radiation detectors,” that contain only Division 2.2 gases in non-refillable cylinders, are excepted from the specification packaging in this subchapter and, except when transported by air, from labeling and placarding requirements of this subchapter when designed, packaged, and transported as follows:
(a) Radiation detectors must be single-trip, hermetically sealed, welded metal inside containers that will not fragment upon impact.
(b) Radiation detectors must not have a design pressure exceeding 5.00 MPa (725 psig) and a capacity exceeding 405 fluid ounces (731 cubic inches). They must be designed and fabricated with a burst pressure of not less than three times the design pressure if the radiation detector is equipped with a pressure relief device, and not less than four times the design pressure if the detector is not equipped with a pressure relief device.
(c) Radiation detectors must be shipped in a strong outer packaging capable of withstanding a drop test of at least 1.2 meters (4 feet) without breakage of the radiation detector or rupture of the outer packaging. If the radiation detector is shipped as part of other equipment, the equipment must be packaged in strong outer packaging or the equipment itself must provide an equivalent level of protection.
(d) Emergency response information accompanying each shipment and available from each emergency response telephone number for radiation detectors must identify those receptacles that are not fitted with a pressure relief device and provide appropriate guidance for exposure to fire.
(e) Except as provided paragraph (f) of this section, transport in accordance with this section must be noted on the shipping paper.
(f) Radiation detectors, including detectors in radiation detection systems, are not subject to any other requirements of this subchapter, including shipping papers, if the detectors meet the requirements in paragraphs (a) through (d) of this section and the capacity of detector receptacles does not exceed 50 ml (1.7 oz.).
[82 FR 15891, Mar. 30, 2017]
The following packing instruction is applicable to transportable UN Metal hydride storage systems (UN3468) with pressure receptacles not exceeding 150 liters (40 gallons) in water capacity and having a maximum developed pressure not exceeding 25 MPa. Metal hydride storage systems must be designed, constructed, initially inspected and tested in accordance with ISO 16111 (IBR, see § 171.7 of this subchapter) as authorized under § 178.71(m) of this subchapter. Steel pressure receptacles or composite pressure receptacles with steel liners must be marked in accordance with § 173.301b(f) of this part which specifies that a steel UN pressure receptacle bearing an “H” mark must be used for hydrogen bearing gases or other gases that may cause hydrogen embrittlement. Requalification intervals must be no more than every five years as specified in § 180.207 of this subchapter in accordance with the requalification procedures prescribed in ISO 16111.
[76 FR 3381, Jan. 19, 2011, as amended at 76 FR 82178, Dec. 30, 2011]
(a) General requirements. (1) Unless otherwise specified, a MEGC is authorized for the shipment of liquefied and non-liquefied compressed gases. Each pressure receptacle contained in a MEGC must meet the requirements in §§ 173.301, 173.301b, 173.302b and 173.304b, as applicable.
(2) The MEGC must conform to the design, construction, inspection and testing requirements prescribed in § 178.75 of this subchapter.
(3) No person may offer or accept a hazardous material for transportation in a MEGC that is damaged to such an extent that the integrity of the pressure receptacles or the MEGC's structural or service equipment may be affected.
(4) No person may fill or offer for transportation a pressure receptacle in a MEGC if the pressure receptacle or the MEGC is due for periodic requalification, as prescribed in subpart C to part 180 of this subchapter. However, this restriction does not preclude transportation of pressure receptacles filled and offered for transportation prior to the requalification due date.
(5) Prior to filling and offering a MEGC for transportation, the MEGC's structural and service equipment must be visually inspected. Any unsafe condition must be corrected before the MEGC is offered for transportation. All required markings must be legible.
(6) Except for Division 2.2 permanent gases, each pressure receptacle must be equipped with an individual shutoff valve that must be tightly closed while in transit. For Division 2.1, Division 2.2 liquefied gases and 2.3 gases, the manifold must be designed so that each pressure receptacle can be filled separately and be kept isolated by a valve capable of being closed during transit. For Division 2.1 gases, the pressure receptacles must be isolated by a valve into assemblies of not more than 3,000 L.
(b) Filling. (1) A MEGC may not be filled to a pressure greater than the lowest marked working pressure of any pressure receptacle. A MEGC may not be filled above its marked maximum permissible gross mass.
(2) After each filling, the shipper must verify the leakproofness of the closures and equipment. Each fill opening must be closed by a cap or plug.
(c) Damage protection. During transportation, a MEGC must be protected against damage to the pressure receptacles and service equipment resulting from lateral and longitudinal impact and overturning as prescribed in § 178.75 of this subchapter.
The UN Portable Tank Table for Liquefied Compressed Gases and chemical under pressure is referenced in § 172.102(c)(7)(iii) of this subchapter for portable tanks that are used to transport liquefied compressed gases and chemicals under pressure. The table applies to each liquefied compressed gas and chemical under pressure that are identified with Special Provision T50 in Column (7) of the § 172.101 Hazardous Materials Table. In addition to providing the UN identification number and proper shipping name, the table provides maximum allowable working pressures, bottom opening requirements, pressure relief device requirements, and degree of filling requirements for liquefied compressed gas and chemical under pressure permitted for transportation in a T50 portable tank. In the minimum test pressure column, “small” means a portable tank with a diameter of 1.5 meters or less when measured at the widest part of the shell, “sunshield” means a portable tank with a shield covering at least the upper third of the shell, “bare” means no sunshield or insulation is provided, and “insulated” means a complete cladding of sufficient thickness of insulating material necessary to provide a minimum conductance of not more than 0.67 w/m 2/k. In the pressure relief requirements column, the word “Normal” denotes that a frangible disc as specified in § 178.276(e)(3) of this subchapter is not required.
UN Portable Tank Table for Liquefied Compressed Gases and Chemicals Under Pressure
UN No.
Non-refrigerated liquefied compressed gases
Minimum design pressure (bar) small; bare; sunshield; insulated
Openings below liquid level
Pressure relief requirements (See § 178.276(e))
Maximum filling density (kg/l)
1005 Ammonia, anhydrous 29.0 Allowed § 178.276(e)(3) 0.53
1009 Bromotrifluoromethane or Refrigerant gas R 13B1 38.0 Allowed Normal 1.13
1010 Butadienes, stabilized 7.5 Allowed Normal 0.55
1011 Butane 7.0 Allowed Normal 0.51
1012 Butylene 8.0 Allowed Normal 0.53
1017 Chlorine 19.0 Not § 178.276(e)(3) 1.25
17.0 Allowed
1018 Chlorodifluoromethane or Refrigerant gas R 22 26.0 Allowed Normal 1.03
1020 Chloropentafluoroethane or Refrigerant gas R 115 23.0 Allowed Normal 1.06
1021 1-Chloro-1,2,2,2-tetrafluoroethane or Refrigerant gas R 124 10.3 Allowed Normal 1.2
1027 Cyclopropane 18.0 Allowed Normal 0.53
1028 Dichlorodifluoromethane or Refrigerant gas R 12 16.0 Allowed Normal 1.15
1029 Dichlorofluoromethane or Refrigerant gas R 21 7.0 Allowed Normal 1.23
1030 1,1-Difluoroethane or Refrigerant gas R 152a 16.0 Allowed Normal 0.79
1032 Dimethylamine, anhydrous 7.0 Allowed Normal 0.59
1033 Dimethyl ether 15.5 Allowed Normal 0.58
1036 Ethylamine 7.0 Allowed Normal 0.61
1037 Ethyl chloride 7.0 Allowed Normal 0.8
1040 Ethylene oxide with nitrogen up to a total pressure of 1MPa (10 bar) at 50 °C Only authorized in 10 bar insulated portable tanks - Not Allowed § 178.276(e)(3) 0.78
1041 Ethylene oxide and carbon dioxide mixture with more than 9% but not more than 87% ethylene oxide See MAWP definition in § 178.276(a) Allowed Normal See § 173.32(f)
1055 Isobutylene 8.1 Allowed Normal 0.52
1060 Methyl acetylene and propadiene mixture, stabilized 28.0 Allowed Normal 0.43
1061 Methylamine, anhydrous 10.8 Allowed Normal 0.58
1062 Methyl bromide 7.0 Not Allowed § 178.276(e)(3) 1.51
1063 Methyl chloride or Refrigerant gas R 40 14.5 Allowed Normal 0.81
1064 Methyl mercaptan 7.0 Not Allowed § 178.276(e)(3) 0.78
1067 Dinitrogen tetroxide 7.0 Not Allowed § 178.276(e)(3) 1.3
1075 Petroleum gas, liquefied See MAWP definition in § 178.276(a) Allowed Normal See § 173.32(f)
1077 Propylene 28.0 Allowed Normal 0.43
1078 Refrigerant gas, n.o.s. See MAWP definition in § 178.276(a) Allowed Normal See § 173.32(f)
1079 Sulphur dioxide 11.6 Not Allowed § 178.276(e)(3) 1.23
1082 Trifluorochloroethylene, stabilized or Refrigerant gas R 1113 17.0 Not Allowed § 178.276(e)(3) 1.13
1083 Trimethylamine, anhydrous 7.0 Allowed Normal 0.56
1085 Vinyl bromide, stabilized 7.0 Allowed Normal 1.37
1086 Vinyl chloride, stabilized 10.6 Allowed Normal 0.81
1087 Vinyl methyl ether, stabilized 7.0 Allowed Normal 0.67
1581 Chloropicrin and methyl bromide mixture 7.0 Not Allowed § 178.276(e)(3) 1.51
1582 Chloropicrin and methyl chloride mixture 19.2 Not Allowed § 178.276(e)(3) 0.81
1858 Hexafluoropropylene compressed or Refrigerant gas R 1216 19.2 Allowed Normal 1.11
1912 Methyl chloride and methylene chloride mixture 15.2 Allowed Normal 0.081
NA, 1954 Insecticide gases, flammable, n.o.s. See MAWP definition in § 178.276(a) Allowed Normal § 173.32(f)
1958 1,2-Dichloro-1,1,2,2-tetrafluoroethane or Refrigerant gas R 114 7.0 Allowed Normal 1.3
1965 Hydrocarbon gas, mixture liquefied, n.o.s. See MAWP definition in 178.276(a) Allowed Normal See § 173.32(f)
1969 Isobutane 8.5 Allowed Normal 0.49
1973 Chlorodifluoromethane and chloropentafluoroethane mixture with fixed boiling point, with approximately 49% chlorodifluoromethane or Refrigerant gas R 502 28.3 Allowed Normal 1.05
1974 Chlorodifluorobromomethane or Refrigerant gas R 12B1 7.4 Allowed Normal 1.61
1976 Octafluorocyclobutane or Refrigerant gas RC 318 8.8 Allowed Normal 1.34
1978 Propane 22.5 Allowed Normal 0.42
1983 1-Chloro-2,2,2-trifluoroethane or Refrigerant gas R 133a 7.0 Allowed Normal 1.18
2035 1,1,1-Trifluoroethane compressed or Refrigerant gas R 143a 31.0 Allowed Normal 0.76
2424 Octafluoropropane or Refrigerant gas R 218 23.1 Allowed Normal 1.07
2517 1-Chloro-1,1-difluoroethane or Refrigerant gas R 142b 8.9 Allowed Normal 0.99
2602 Dichlorodifluoromethane and difluoroethane azeotropic mixture with approximately 74% dichlorodifluoromethane or Refrigerant gas R 500 20.0 Allowed Normal 1.01
3057 Trifluoroacetyl chloride 14.6 Not allowed § 178.276(e)(3) 1.17
3070 Ethylene oxide and dichlorodifluoromethane mixture with not more than 12.5% ethylene oxide 14.0 Allowed § 178.276(e)(3) 1.09
3153 Perfluoro (methyl vinyl ether) 14.3 Allowed Normal 1.14
3159 1,1,1,2-Tetrafluoroethane or Refrigerant gas R 134a 17.7 Allowed Normal 1.04
3161 Liquefied gas, flammable, n.o.s. See MAWP definition in § 178.276(a) Allowed Normal § 173.32(f)
3163 Liquefied gas, n.o.s. See MAWP definition in § 178.276(a) Allowed Normal § 173.32(f)
3220 Pentafluoroethane or Refrigerant gas R 125 34.4
24.5 Allowed Normal 0.87
3252 Difluoromethane or Refrigerant gas R 32 43.0 Allowed Normal 0.78
3296 Heptafluoropropane or Refrigerant gas R 227 16.0 Allowed Normal 1.2
3297 Ethylene oxide and chlorotetrafluoroethane mixture, with not more than 8.8% ethylene oxide 8.1 Allowed Normal 1.16
3298 Ethylene oxide and pentafluoroethane mixture, with not more than 7.9% ethylene oxide 25.9 Allowed Normal 1.02
3299 Ethylene oxide and tetrafluoroethane mixture, with not more than 5.6% ethylene oxide 16.7 Allowed Normal 1.03
3318 Ammonia solution, relative density less than 0.880 at 15 °C in water, with more than 50% ammonia See MAWP definition in § 178.276(a) Allowed § 178.276(e)(3) § 173.32(f)
3337 Refrigerant gas R 404A 31.6 Allowed Normal 0.84
3339 Refrigerant gas R 407B 33.0 Allowed Normal 0.95
3340 Refrigerant gas R 407C 29.9 Allowed Normal 0.95
3500 Chemical under pressure, n.o.s See MAWP definition in § 178.276(a) Allowed § 178.276(e)(3) See TP4 in § 172.102(c)
3501 Chemical under pressure, flammable, n.o.s See MAWP definition in § 178.276(a) Allowed § 178.276(e)(3) See TP4 in § 172.102(c)
3502 Chemical under pressure, toxic, n.o.s See MAWP definition in § 178.276(a) Allowed § 178.276(e)(3) See TP4 in § 172.102(c)
3503 Chemical under pressure, corrosive, n.o.s See MAWP definition in § 178.276(a) Allowed § 178.276(e)(3) See TP4 in § 172.102(c)
3504 Chemical under pressure, flammable, toxic, n.o.s See MAWP definition in § 178.276(a) Allowed § 178.276(e)(3) See TP4 in § 172.102(c)
3505 Chemical under pressure, flammable, corrosive, n.o.s See MAWP definition in § 178.276(a) Allowed § 178.276(e)(3) See TP4 in § 172.102(c)
[69 FR 76174, Dec. 20, 2004, as amended at 70 FR 34399, June 14, 2005; 78 FR 1091, Jan. 7, 2013]
(a) Definitions. For definitions of compressed gases, see § 173.115.
(b) General requirements. (1) Tank car tanks containing compressed gases must not be shipped unless they were loaded by or with the consent of the owner thereof.
(2) Tank car tanks must not contain gases capable of combining chemically and must not be loaded with any gas which combines chemically with the gas previously loaded therein, until all residue has been removed and interior of tank thoroughly cleaned.
(3) For tanks of the DOT-106A and 110A class, the tanks must be placed in position and attached to car structure by the shipper.
(4) Wherever the word “approved” is used in this part of the regulations, it means approval by the Association of American Railroads Committee on Tank Cars as prescribed in § 179.3 of this subchapter.
(5) Each tank car used for the transportation of anhydrous ammonia or any material that meets the criteria of Division 2.1 or 2.3 must have gaskets for manway cover plates and for mounting of fittings designed (for temperature, application, media, pressure, and size) to create a positive seal so that, under conditions normally incident to transportation, there will not be an identifiable release of the material to the environment. The use of sealants to install gaskets is prohibited.
(c) Authorized gases, filling limits for tank cars. A compressed gas in a tank car or a multi-unit tank car must be offered for transportation in accordance with § 173.31 and this section. The gases listed below must be loaded and offered for transportation in accordance with the following table:
Proper shipping name
Outage and filling limits
Authorized tank car class
(see note 11)
Authorized tank car specification
Ammonia, anhydrous, or ammonia solutions >50 percent ammonia Notes 2, 10 105, 112, 114, 120 105J500I, 112J500I
Note 3 106
Ammonia solutions with >35 percent, but ≤50 percent ammonia by mass Note 3 105, 109, 112, 114, 120
Argon, compressed Note 4 107
Boron trichloride Note 3 105, 106
Carbon dioxide, refrigerated liquid Note 5 105
Chlorine Note 6 105 105J600I
Chlorine trifluoride Note 3 106, 110
Chlorine pentafluoride Note 3 106, 110
Dimethyl ether Note 3 105, 106, 110, 112, 114, 120
Dimethylamine, anhydrous Note 3 105, 106, 112
Dinitrogen tetroxide, inhibited Note 3 105, 106, 112 105J500I
Division 2.1 materials not specifically identified in this table Notes 9, 10 105, 106, 110, 112, 114, 120
Division 2.2 materials not specifically identified in this table Note 3 105, 106, 109, 110, 112, 114, 120
Division 2.3 Zone A materials not specifically identified in this table None See § 173.245. 105J600I
Division 2.3 Zone B materials not specifically identified in this table Note 3 105, 106, 110, 112, 114, 120 105J600I
Division 2.3 Zone C materials not specifically identified in this table Note 3 105, 106, 110, 112, 114, 120 105J500I
Division 2.3 Zone D materials not specifically identified in this table Note 3 105, 106, 109, 110, 112, 114, 120 105J500I, 112J500I
Ethylamine Note 3 105, 106, 110, 112, 114, 120
Helium, compressed Note 4 107
Hydrogen Note 4 107
Hydrogen chloride, refrigerated liquid Note 7 105 105J600I, 112S600I
Hydrogen sulfide Note 3 105, 106, 110, 112, 114, 120 105J600I
Hydrogen sulfide, liquefied 68 106
Methyl bromide Note 3 105, 106 105J500I
Methyl chloride Note 3 105, 106, 112
Methyl mercaptan Note 3 105, 106 105J500I
Methylamine, anhydrous Note 3 105, 106, 112
Nitrogen, compressed Note 4 107
Nitrosyl chloride 124 105 105J500I
Nitrous oxide, refrigerated liquid Note 5 105
Oxygen, compressed Note 4 107
Phosgene Note 3 106
Sulfur dioxide, liquefied 125 105, 106, 110 105J500I
Sulfuryl fluoride 120 105
Vinyl fluoride, stabilized Note 8 105
Notes: 1. The percent filling density for liquefied gases is hereby defined as the percent ratio of the mass of gas in the tank to the mass of water that the tank will hold. For determining the water capacity of the tank in kilograms, the mass of 1 L of water at 15.5 °C in air is 1 kg. (the mass of one gallon of water at 60 °F in air is 8.32828 pounds).
2. The liquefied gas must be loaded so that the outage is at least two percent of the total capacity of the tank at the reference temperature of 46 °C (115 °F) for a noninsulated tank; 43 °C (110 °F) for a tank having a thermal protection system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential; and 41 °C (105 °F) for an insulated tank having an insulation system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 1.5333 kilojoules per hour per square meter per degree Celsius (0.075 Btu per hour/per square foot/per degree F) temperature differential.
3. The requirements of § 173.24b(a) apply.
4. The gas pressure at 54.44 °C (130 °F.) in any non-insulated tank car may not exceed 7/10 of the marked test pressure, except that a tank may be charged with helium to a pressure 10 percent in excess of the marked maximum gas pressure at 54.44 °C (130 °F.) of each tank.
5. The liquid portion of the gas at −17.77 °C (0 °F.) must not completely fill the tank.
6. The maximum permitted filling density is 125 percent. The quantity of chlorine loaded into a single unit-tank car may not be loaded in excess of the normal lading weights nor in excess of 81.65 Mg (90 tons).
7. 89 percent maximum to 80.1 percent minimum at a test pressure of 6.2 Bar (90 psig).
8. 59.6 percent maximum to 53.6 percent minimum at a test pressure of 7.2 Bar (105 psig).
9. For a liquefied petroleum gas, the liquefied gas must be loaded so that the outage is at least one percent of the total capacity of the tank at the reference temperature of 46 °C (115 °F) for a noninsulated tank; 43 °C (110 °F) for a tank having a thermal protection system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential; and 41 °C (105 °F) for an insulated tank having an insulation system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 1.5333 kilojoules per hour per square meter per degree Celsius (0.075 Btu per hour/per square foot/per degree F) temperature differential.
10. For liquefied petroleum gas and anhydrous ammonia, during the months of November through March (winter), the following reference temperatures may be used: 38 °C (100 °F) for a noninsulated tank; 32 °C (90 °F) for a tank having a thermal protection system incorporating a metal jacket that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 10.22 kilojoules per hour per square meter per degree Celsius (0.5 Btu per hour/per square foot/per degree F) temperature differential; and 29 °C (85 °F) for an insulated tank having an insulation system incorporating a metal jacket and insulation that provides an overall thermal conductance at 15.5 °C (60 °F) of no more than 1.5333 kilojoules per hour per square meter per degree Celsius (0.075 Btu per hour/per square foot/per degree F) temperature differential. The winter reference temperatures may only be used for a tank car shipped directly to a consumer for unloading and not stored in transit. The offeror of the tank must inform each customer that the tank car was filled based on winter reference temperatures. The tank must be unloaded as soon as possible after March in order to retain the specified outage and to prevent a release of hazardous material which might occur due to the tank car becoming liquid full at higher temperatures.
11. For materials poisonous by inhalation, the single unit tank car tanks authorized are only those cars approved by the Tank Car Committee for transportation of the specified material and built prior to March 16, 2009.
12. Except as provided by paragraph (d) of this section, for materials poisonous by inhalation, fusion-welded tank car tanks built on or after March 16, 2009 used for the transportation of the PIH materials noted, must meet the applicable authorized tank car specification and must be equipped with a head shield as prescribed in § 179.16(c)(1).
(d) Alternative tank car tanks for materials poisonous by inhalation. (1) As an alternative to the authorized tank car specification noted in the column 4 of the table in paragraph (c) of this section, a car of the same authorized tank car specification but of the next lower test pressure, as prescribed in column 5 of the table at § 179.101-1, may be used provided both of the following conditions are met:
(i) The difference between the alternative and the required minimum plate thicknesses, based on the calculation prescribed in § 179.100-6 of this subchapter, is added to the alternative tank car jacket and head shield. When the jacket and head shield are made from any authorized steel with a minimum tensile strength from 70,000 p.s.i. to 80,000 p.s.i., but the required minimum plate thickness calculation is based on steel with a minimum tensile strength of 81,000 p.s.i., the thickness to be added to the jacket and head shield must be increased by a factor of 1.157. Forming allowances for heads are not required to be considered when calculating thickness differences as prescribed in this paragraph.
(ii) The tank car jacket and head shield must be manufactured from carbon steel plate as prescribed in § 179.100-7(a) of this subchapter.
(e) Verification of content. (1) The amount of liquefied gas loaded into each tank may be determined either by measurement or calculation of the weight, except that DOT specification tank car tanks authorized for the transportation of anhydrous ammonia and ammonia solution may have the amount of liquefied gas loaded into the tank car measured by a metering device in conformance with paragraph (e)(2) of this section.
(2) Metering device. (i) Tank cars loaded with anhydrous ammonia or ammonia solution through the use of a metering device in conformance with this section are not required to be weighed, but must have their outage measured with a magnetic gauging device to determine that the tank car is properly loaded in conformance with this paragraph. Written procedures for loading a tank car using a metering device must be developed and made available at each location where such loading takes place. Certification in writing of the inspection and completion of these loading and/or unloading procedures must be maintained for each tank car and maintained in accordance with the recordkeeping requirements in paragraph (e)(2)(iii) of this section, and all necessary records must be completed. At a minimum, these procedures will specify:
(A) The tank car must be offered for transportation in conformance with all applicable government regulations.
(B) Any defects found when the tank car is examined before shipping must be recorded, and the tank must not be loaded until the repairs to eliminate each defect are completed.
(C) The tank car must be allowed to sit undisturbed for at least 10 minutes after loading to allow material within the tank to settle. After this has occurred a final check for leaks must be conducted prior to offering the tank car for transportation.
(ii) One out of every 10 tank cars loaded by the use of the metering device must be gauged utilizing the fixed gauging equipment on the tank car to verify by calculation the amount of anhydrous ammonia or ammonia solution contained in the tank car.
(iii) Recordkeeping. The following information must be maintained and be made available to any representative of the DOT upon request for each tank car loaded with the use of a metering device:
(A) Date loaded,
(B) Date shipped,
(C) Tank car reporting marks,
(D) DOT Specification,
(E) Tank car stenciled shell capacity (gallons/liters),
(F) Tank car stenciled tare weight (pounds/kilograms),
(G) Outage or innage table number,
(H) Water capacity of tank in pounds and/or kilograms,
(I) Maximum permitted filling density (see § 173.314),
(J) Specific gravity of anhydrous ammonia or ammonia solution at the reference temperature,
(K) Tank car outage (inches/meters, gallons/liters),
(L) Gallons/liters of liquid ammonia in tank car,
(M) Quantity of vapor ammonia in tank car (gallons/liters), and
(N) Total calculated ammonia (liquid & vapor) in tank car (pounds/kilograms).
(f) [Reserved]
(g) Special requirements for hydrogen chloride, refrigerated liquid, and vinyl fluoride,stabilized.
(1) The shipper shall notify the Federal Railroad Administration whenever a tank car is not received by the consignee within 20 days from the date of shipment. Notification to the Federal Railroad Administration may be made by e-mail to Hmassist@fra.dot.gov or telephone call to (202) 493-6229.
(2) A tank car containing hydrogen chloride, refrigerated liquid must have the auxiliary valve on the pressure relief device closed during transportation.
(3) See § 179.102-17 of this subchapter for additional requirements.
(4) Tank cars containing hydrogen chloride, refrigerated liquid, must be unloaded to such an extent that any residue remaining in the tank at a reference temperature of 32 °C (90 °F) will not actuate the reclosing pressure relief device.
(h) Special requirements for liquefied petroleum gas - (1) Odorization. All liquefied petroleum gas must be odorized as required in this paragraph to indicate positively, by a distinctive odor, the presence of gas down to a concentration in air of not over one-fifth the lower limit of combustibility; however, odorization is not required if it is harmful in the use or further processing of the liquefied petroleum gas or if it will serve no useful purpose as a warning agent in such use or further processing.
(i) The lower limits of combustibility of the more commonly used liquefied petroleum gases are: Propane, 2.15 percent; butane, 1.55 percent. These figures represent volumetric percentages of gas-air mixtures in each case.
(ii) The use of 1.0 pound of ethyl mercaptan per 10,000 gallons of liquefied petroleum gas is considered sufficient to meet the requirements of this paragraph. Use of another odorant is not prohibited so long as there is enough to meet the requirements of this paragraph (h).
(2) Odorant fade. In addition to paragraph (h)(1)(i) of this section, the offeror must ensure that enough odorant will remain in the tank car during the course of transportation. The shipper must have procedures in place to:
(i) Ensure quantitative testing methods are used to measure the amount of odorant in the liquefied petroleum gas;
(ii) Ensure that, when the odorization of liquefied petroleum gas is manually injected, the required amount of odorant is added;
(iii) Ensure that, when odorization of liquefied petroleum gas is automatically injected, equipment calibration checks are conducted to ensure the required amount of odorant is consistently added;
(iv) Ensure quality control measures are in place to make sure that persons who receive tank cars that have been subjected to any condition that could lead to corrosion of the tank car or receive new or recently cleaned tank cars are notified of this information and that a person filling these packagings implement quality control measures so that potential odorant fade is addressed;
(v) Inspect a tank car for signs of oxidation or corrosion; and
(vi) Take corrective action needed to ensure enough odorization remains in the tank car during the course of transportation, such as increasing the amount of odorant added to the liquefied petroleum gas.
(i) [Reserved]
(j) Special requirements for materials having a primary or secondary Division 2.1 (flammable gas) hazard. For single unit tank cars, interior pipes of loading and unloading valves, sampling devices, and gauging devices with an opening for the passage of the lading exceeding 1.52 mm (0.060 inch) diameter must be equipped with excess flow valves. For single unit tank cars constructed before January 1, 1972, gauging devices must conform to this paragraph by no later than July 1, 2006. The protective housing cover must be provided with an opening, with a weatherproof cover, above each pressure relief valve that is concentric with the discharge of the pressure relief valve and that has an area at least equal to the valve outlet area. Class DOT 109 tank cars and tank cars manufactured from aluminum or nickel plate are not authorized.
(k) Special requirements for chlorine. (1) Tank cars built after September 30, 1991, must have an insulation system consisting of 5.08 cm (2 inches) glass fiber placed over 5.08 cm (2 inches) of ceramic fiber. Tank cars must have excess flow valves on the interior pipes of liquid discharge valves. Tank cars constructed to a DOT 105A500W specification may be marked as a DOT 105A300W specification with the size and type of reclosing pressure relief valves required by the marked specification.
(2) DOT105J500W tank cars may be used as authorized packagings, as prescribed in this subchapter for transporting “UN 1017, Chlorine, 2.3 (8), Poison Inhalation Hazard, Zone B, RQ,” if the tank cars meet all DOT specification requirements, and the tank cars are equipped with combination safety relief valves with a start-to-discharge pressure of 360 psi, rather than the 356 psi. The start-to-discharge pressure setting must be marked on the pressure relief device in conformance with applicable provisions of the AAR Specification for Tank Cars (IBR, see § 171.7 of this subchapter).
(l) Special requirements for hydrogen sulphide. Each multi-unit tank car must be equipped with adequate pressure relief devices of the fusible plug type having a yield temperature not over 76.66 °C (170 °F.), and not less than 69.44 °C (157 °F.). Each device must be resistant to extrusion of the fusible alloy and leak tight at 55 °C (130 °F.). A threaded solid plug must seal each valve outlet. In addition, a metal cover must protect all valves.
(m) Special requirements for nitrosyl chloride. Single unit tank cars and their associated service equipment, such as venting, loading and unloading valves, and reclosing pressure relief valves, must be made of metal or clad with a material that is not subject to rapid deterioration by the lading. Multi-unit tank car tanks must be nickel-clad and have reclosing pressure relief devices incorporating a fusible plug having a yield temperature of 79.44 °C (175 °F.). Reclosing pressure relief devices must be vapor tight at 54.44 °C (130 °F.).
(n) Special requirements for hydrogen. Each tank car must be equipped with one or more pressure relief devices. The discharge outlet for each pressure relief device must be connected to a manifold having a non-obstructed discharge area of at least 1.5 times the total discharge area of the pressure relief devices connected to the manifold. All manifolds must be connected to a single common header having a non-obstructed discharge pointing upward and extending above the top of the car. The header and the header outlet must each have a non-obstructed discharge area at least equal to the total discharge area of the manifolds connected to the header. The header outlet must be equipped with an ignition device that will instantly ignite any hydrogen discharged through the pressure relief device.
(o) Special requirements for carbon dioxide, refrigerated liquid and nitrous oxide, refrigerated liquid. Each tank car must have an insulation system so that the thermal conductance is not more than 0.613 kilojoules per hour, per square meter, per degree Celsius (0.03 B.t.u. per square foot per hour, per degree Fahrenheit) temperature differential. Each tank car must be equipped with one reclosing pressure relief valve having a start-to-discharge pressure not to exceed 75 percent of the tank test pressure and one non-reclosing pressure relief valve having a rupture disc design to burst at a pressure less than the tank test pressure. The discharge capacity of each pressure relief device must be sufficient to prevent building up of pressure in the tank in excess of 82.5 percent of the test pressure of the tank. Tanks must be equipped with two regulating valves set to open at a pressure not to exceed 24.1 Bar (350 psi) on DOT 105A500W tanks and at a pressure not to exceed 27.6 Bar (400 psi) on DOT 105A600W tanks. Each regulating valve and pressure relief device must have its final discharge piped to the outside of the protective housing.
[Amdt. 173-224, 55 FR 52665, Dec. 21, 1990] Editorial Note:For Federal Register citations affecting § 173.314, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
(a) Liquefied compressed gases that are transported in UN portable tanks, DOT specification portable tanks, or cargo tanks must be prepared in accordance with this section, § 173.32, § 173.33 and subpart E or subpart G of part 180 of this subchapter, as applicable. For cryogenic liquid in cargo tanks, see § 173.318. For marking requirements for portable tanks and cargo tanks, see § 172.326 and § 172.328 of this subchapter, as applicable.
(1) UN portable tanks: UN portable tanks must be loaded and offered for transportation in accordance with portable tank provision T50 in § 172.102 of this subchapter.
(2) Cargo tanks and DOT specification portable tanks: Cargo tanks and DOT specification portable tanks must be loaded and offered for transportation in accordance with the following table:
Specification container required
Percent by weight (see Note 1)
Percent by volume (see par. (f) of this section)
Type (see Note 2)
Minimum design pressure (psig)
Ammonia, anhydrous or Ammonia solutions with greater than 50 percent ammonia (see Notes 14 and 17) 56 82, See Note 5 DOT-51, MC-330, MC-331; See Notes 12, 17 and 27 265; See Note 17.
Ammonia solutions with more than 35 percent but not more than 50 percent ammonia See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331; see Note 12 100; See par. (c) of this section.
Bromotrifluoromethane (R-13B1 or H-1301); (See Note 9) 133 See Note 7 DOT-51, MC-330, MC-331 365.
Butadiene, stabilized See par. (b) of this section See par. (b) of this section DOT-51, MC-330, MC-331 100.
Carbon dioxide, refrigerated liquid See par. (c)(1) of this section 95 ......do 200; see Note 3.
Chlorine 125 See Note 7 DOT-51, MC-330, MC-331 225; See Notes 4 and 8.
Chlorodifluoroethane (R-142b) (1-Chloro 1,1-difluoroethane); (See Note 9) 100 See Note 7 DOT-51, MC-330, MC-331 100.
Chlorodifluoromethane (R-22); (See Note 9) 105 See Note 7 DOT-51, MC-330, MC-331 250.
Chloropentafluoroethane (R-115); (See Note 9) See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331 See par. (c) of this section.
Chlorotrifluoromethane (R-13); (See Note 9) See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331 See par. (c) of this section.
Dichlorodifluoromethane (R-12); (See Note 9) 119 See Note 7 DOT-51, MC-330, MC-331 150.
Difluoroethane (R-152a); (See Note 9) 79 See Note 7 DOT-51, MC-330, MC-331 150.
Dimethyl ether (see Note 16) 59 ......do ......do 200.
Dimethylamine, anhydrous 59 See Note 7 DOT-51, MC-330, MC-331 150.
Division 2.1, materials not specifically provided for in this table See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331 See Note 18.
Division 2.2, materials not specifically provided for in this table See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331 See Notes 19 and 28.
Division 2.3, Hazard Zone A, materials not specifically provided for in this table See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331; See Note 23 See Note 20.
Division 2.3, Hazard Zone B, materials not specifically provided for in this table See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331; See Note 23 See Note 20.
Division 2.3, Hazard Zone C, materials not specifically provided for in this table See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331; See Note 24 See Note 21.
Division 2.3, Hazard Zone D, materials not specifically provided for in this table See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331; See Note 25 See Note 22.
Ethane, refrigerated liquid See par. (c) of this section MC-331, MC-338 100; see Note 11.
Ethane-propane mixture, refrigerated liquid See par. (c) of this section MC-331, MC-338 275; see Note 11.
Hexafluoropropylene 110 See Note 7 DOT-51, MC-330, MC-331 250.
Hydrogen chloride, refrigerated liquid 103.0 See Note 7 MC-331, MC-338 100; see Note 11.
91.6 ......do ......do 300; see Note 11.
Liquefied petroleum gas (see Note 15) See par. (b) of this section See par. (b) of this section DOT-51, MC-330, MC-331; See Note 26 See par. (c) of this section.
Methylacetylene-propadiene, stabilized (see Note 13) 53 90 DOT 51, MC 330, MC 331 200.
Methylamine, anhydrous 60 See Note 7 DOT-51, MC-330, MC-331.
Methyl chloride 84 88.5 ......do 150.
Methyl chloride (optional portable tank 2,000 pounds water capacity, fusible plug) ......do See Note 6 DOT-51 225.
Methyl mercaptan 80 90 DOT-51, MC-330, MC-331; See Note 23 100.
Nitrous oxide, refrigerated liquid See par. (c)(1) of this section 95 DOT-51, MC-330, MC-331 200; See Note 3.
Refrigerant gas, n.o.s. or Dispersant gas, n.o.s. (See Note 9) See par. (c) of this section See Note 7 DOT-51, MC-330, MC-331 See par. (c) of this section.
Sulfur dioxide (tanks not over 1,200 gallons water capacity) 125 87.5 DOT-51, MC-330, MC-331; See Note 24 150; See Note 4.
Sulfur dioxide (tanks over 1,200 gallons water capacity) 125 87.5 DOT-51, MC-330, MC-331; See Note 24 125; See Note 4.
Sulfur dioxide (optional portable tank 1,000-2,000 pounds water capacity, fusible plug) 125 See Note 6 DOT-51; See Note 24 225.
Trimethylamine, anhydrous 57 See Note 7 DOT-51, MC-330, MC-331 150.
Vinyl chloride 84 (see Note 13) See Note 7 MC-330, MC-331 150.
Vinyl fluoride, stabilized 66 ......do ......do 250; see Note 11.
Vinyl methyl ether 68 See Notes 7 and 13 ......do 100.
Note 1: Maximum filling density for liquefied gases is hereby defined as the percent ratio of the weight of gas in the tank to the weight of water that the tank will hold. For determining the water capacity of the tank in pounds, the weight of a gallon (231 cubic inches) of water at 60 °F. in air shall be 8.32828 pounds.
Note 2: See § 173.32 for authority to use other portable tanks and for manifolding cargo tanks, see paragraph (q) of this section. Specifications MC 330 cargo tanks may be painted as specified for MC 331 cargo tanks.
Note 3: If cargo tanks and portable tank containers for carbon dioxide, refrigerated liquid, and nitrous oxide, refrigerated liquid, are designed to conform to the requirements in Section VIII of the ASME Code for low temperature operation (IBR, see § 171.7 of this subchapter), the design pressure may be reduced to 100 psig or the controlled pressure, whichever is greater.
Note 4: Material must be steel. Packagings must have a corrosion allowance of 20 percent or 0.10 inch, whichever is less, added to the metal thickness. The minimum wall thickness for chlorine packagings is 0.300 inch for stainless steel or 0.625 inch for carbon steel, including corrosion allowance.
Note 5: Unlagged cargo tanks and portable tank containers for liquid anhydrous ammonia may be filled to 87.5 percent by volume provided the temperature of the anhydrous ammonia being loaded into such tanks is determined to be not lower than 30 °F. or provided the filling of such tanks is stopped at the first indication of frost or ice formation on the outside surface of the tank and is not resumed until such frost or ice has disappeared.
Note 6: Tanks equipped with fusible plugs must be filled by weight.
Note 7: Tanks must be filled by weight.
Note 8: Chlorine packagings may be shipped only if the contents are to be unloaded at one unloading point.
Note 9: This gas may be transported in authorized cargo tanks and portable tanks marked “dispersant gas,” or “refrigerant gas.”
Note 10: [Reserved]
Note 11: MC-330, MC-331 and MC-338 cargo tanks must be insulated. Cargo tanks must meet all the following requirements. Each tank must have a design service temperature of minus 100 °F., or no warmer than the boiling point at one atmosphere of the hazardous material to be shipped therein, whichever is colder, and must conform to the low-temperature requirements in Section VIII of the ASME Code. When the normal travel time is 24 hours or less, the tank's holding time as loaded must be at least twice the normal travel time. When the normal travel time exceeds 24 hours, the tank's holding time as loaded must be at least 24 hours greater than the normal travel time. The holding time is the elapsed time from loading until venting occurs under equilibrium conditions. The cargo tank must have an outer jacket made of steel when the cargo tank is used to transport a flammable gas.
Note 12: No aluminum, copper, silver, zinc or an alloy of any of these metals shall be used in packaging construction where it comes into contact with the lading.
Note 13: All parts of valves and safety devices in contact with contents of tank must be of a metal or other material suitably treated if necessary, which will not cause formation of any acetylides.
Note 14: Specifications MC 330 and MC 331 cargo tanks constructed of other than quenched and tempered steel “(NQT)” are authorized for all grades of anhydrous ammonia. Specifications MC 330 and MC 331 cargo tanks constructed of quenched and tempered steel “(QT)” (see marking requirements of § 172.328(c) of this subchapter) are authorized for anhydrous ammonia having a minimum water content of 0.2 percent by weight. Any tank being placed in anhydrous ammonia service or a tank which has been in other service or has been opened for inspection, test, or repair, must be cleaned of the previous product and must be purged of air before loading. See § 172.203(h) of this subchapter for special shipping paper requirements.
Note 15: Specifications MC 330 and MC 331 cargo tanks constructed of other than quenched and tempered steel (NQT) are authorized for all grades of liquefied petroleum gases. Only grades of liquefied petroleum gases determined to be “noncorrosive” are authorized in Specification MC 330 and MC 331 cargo tanks constructed of quenched and tempered steel (QT). “Noncorrosive” means the corrosiveness of the gas does not exceed the limitations for classification 1 of the ASTM Copper Strip Classifications when tested in accordance with ASTM D 1838, “Copper Strip Corrosion by Liquefied Petroleum (LP) Gases” (IBR, see § 171.7 of this subchapter). (For (QT) and (NQT) marking requirements, see § 172.328(c) of this subchapter. For special shipping paper requirements, see § 172.203(h) of this subchapter.)
Note 16: Openings, inlets, and outlets on MC 330 and MC 331 cargo tanks must conform to § 178.337-8(a) of this subchapter. MC 330 and MC 331 cargo tanks must be equipped with emergency discharge control equipment as specified in § 178.337-11(a) of this subchapter.
Note 17: A Specification MC-330 or MC-331 cargo tank or a nonspecification cargo tank meeting, and marked in conformance with, the edition of the ASME Code in effect when it was fabricated, may be used for the transportation of anhydrous ammonia if it:
(1) Has a minimum design pressure not lower than 250 psig;
(2) Was manufactured in conformance with the ASME Code prior to January 1, 1981, according to its ASME name plate and manufacturer's data report;
(3) Is painted white or aluminum;
(4) Complies with Note 12 of this paragraph;
(5) Has been inspected and tested in accordance with subpart E of part 180 of this subchapter as specified for MC 331 cargo tanks.
(6) Was used to transport anhydrous ammonia prior to January 1, 1981;
(7) Is operated exclusively in intrastate commerce (including its operation by a motor carrier otherwise engaged in interstate commerce) in a state where its operation was permitted by the laws of that State (not including the incorporation of this subchapter) prior to January 1, 1981; and
(8) Is operated in conformance with all other requirements of this subchapter.
Note 18: The minimum packaging design pressure must not be less than the vapor pressure at the reference temperature of the lading plus one percent or 173.4 kPa (25 psig), whichever is less.
Note 19: The minimum packaging design pressure must not be less than the vapor pressure at the reference temperature of the lading.
Note 20: The minimum packaging design pressure must not be less than 1.5 times the vapor pressure of the lading at 46 °C (115 °F).
Note 23: Packagings must be made of stainless steel except that steel other than stainless steel may be used in accordance with the provisions of § 173.24b(b) of this part. Thickness of stainless steel for shell and heads must be the greater of 7.62 mm (0.300 inch) or the thickness required for the packaging at its minimum design pressure.
Note 24: Packagings must be made of stainless steel except that steel other than stainless steel may be used in accordance with the provisions of § 173.24b(b) of this part. Thickness of stainless steel for shell and heads must be the greater of 6.35 mm (0.250 inch) or the thickness required for the packaging at its minimum design pressure. For sulphur dioxide, this Note does not apply until October 1, 1994.
Note 25: Packagings must be made of stainless steel except that steel other than stainless steel may be used in accordance with the provisions of § 173.24b(b) of this part. Thickness for shell and heads must be as calculated for the packaging at its minimum design pressure.
Note 26: Non-specification cargo tanks may be used for the transportation of liquefied petroleum gas, subject to the conditions prescribed in paragraph (k) of this section.
Note 27: Non-specification cargo tanks may be used for transportation of Ammonia, anhydrous and ammonia solutions with greater than 50% ammonia, subject to the conditions prescribed in paragraph (m) of this section.
Note 28: For UN1080, Sulfur hexafluoride, a non-specification cargo tank that otherwise conforms to a DOT Specification MC 331 cargo tank except for design pressure and capacity is authorized. Design pressure may not exceed 600 psig. The water capacity range for each tank is 15 to 500 gallons.
(b) Maximum permitted filling densities for cargo and portable tank containers for transportation of butadiene, stabilized, and liquefied petroleum gas are as follows:
Maximum specific gravity of the liquid material at 60 °F.
Maximum permitted filling density in percent of the water-weight capacity of the tanks (percent) See Note 1
1200 gallons or less
Over 1200 gallons
0.473 to 0.480 38 41
0.627 and over 57 60
Note 1: Filling is permitted by volume provided the same filling density is used as permitted by weight, except when using fixed length dip tube or other fixed maximum liquid level indicators (paragraph (f) of this section), in which case the maximum permitted filling density shall not exceed 97 percent of the maximum permitted filling density by weight contained in the table.
(1) Odorization. All liquefied petroleum gas must be odorized as required in this paragraph to indicate positively, by a distinctive odor, the presence of gas down to a concentration in air of not over one-fifth the lower limit of combustibility; however, odorization is not required if it is harmful in the use or further processing of the liquefied petroleum gas or if it will serve no useful purpose as a warning agent in such use or further processing.
(ii) The use of 1.0 pound of ethyl mercaptan per 10,000 gallons of liquefied petroleum gas is considered sufficient to meet the requirements of this paragraph (b). Use of any other odorant is not prohibited so long as there is enough to meet the requirements of this paragraph.
(2) Odorant fade. For cargo tanks or portable tanks being transported from a refinery, gas plant or pipeline terminal and in addition to paragraph (b)(1)(i) of this section, the offeror must ensure that enough odorant will remain in the cargo tank or portable tank during the course of transportation. The shipper must have procedures in place to:
(ii) Ensure that, when the odorization of liquefied petroleum gas is manually injected, the required amount of odorant is being added;
(iv) Ensure that quality control measures are in place to make sure that persons who receive cargo tanks or portable tanks that have been subjected to any condition that could lead to corrosion of the packaging or receive new or recently cleaned cargo tanks or portable tanks are notified of this information and that a person filling these packagings implement quality control measures to ensure that potential odorant fade is addressed;
(v) Inspect a cargo tank or portable tank for signs of oxidation or corrosion; and
(vi) Take corrective action needed to ensure enough odorant remains in the cargo tank or portable tank during the course of transportation, such as increasing the amount of odorant added to the liquefied petroleum gas.
(c) Except as otherwise provided, the loading of a liquefied gas into a cargo tank or portable tank shall be determined by weight or by a suitable liquid level gauging device. The vapor pressure (psig) at 115 °F. must not exceed the design pressure of the cargo tank or portable tank container. The outage and filling limits for liquefied gases must be as prescribed in § 173.24b of this part, except that this requirement does not apply to:
(1) A tank containing carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid. Such tank is required to be equipped with suitable pressure control valves and may not be filled to a level exceeding 95 percent of the volumetric capacity of the tank.
(2) A tank containing ethane, refrigerated liquid; ethane-propane mixture, refrigerated liquid; or hydrogen chloride, refrigerated liquid. Such tank must be filled to allow at least two percent outage below the inlet of the pressure relief valve or pressure control valve under conditions of incipient opening, with the tank in a level attitude.
(d) If the loading of cargo tanks and portable tank containers with liquefied gases is to be determined by weight, the gross weight shall be checked after the filling line is disconnected in each instance. The gross weight shall be calculated from the tank capacity and tare weight set forth on the metal plate required by the specification, and the maximum filling density permitted for the material being loaded into the tank as set forth in the table, paragraph (a) of this section.
(e) If the loading of cargo tanks and portable tank containers with liquefied gases is to be determined by adjustable liquid level device, each tank and each compartment thereof shall have a thermometer well, so that the internal liquid temperature can easily be determined, and the amount of liquid in the tank shall be corrected to a 60 °F. basis. Liquid levels shall not exceed a level corresponding to the maximum filling density permitted for the material being loaded into the tank as set forth in the table in paragraph (a) of this section.
(f) When the loading of cargo tanks and portable tank containers with liquefied gases is determined only by fixed length dip tube or other fixed maximum liquid level indicator, the device shall be arranged to function at a level not to exceed the maximum permitted volume prescribed by the table, paragraph (a) of this section. Loading shall be stopped when the device functions.
(g) Containers, the liquid level of which has been determined by means of a fixed length dip tube gauging device, shall not be acceptable for stowage as cargo on vessels in commerce subject to the jurisdiction of the United States Coast Guard. Nothing contained in this section shall be so construed as to prohibit the transportation on car floats or car ferries of motor vehicles laden with containers nor cargo tanks the liquid level of either of which has been determined by means of fixed length dip tube devices.
(h) Each cargo tank and portable tank, except a tank filled by weight, must be equipped with one or more of the gauging devices described in the following table which indicate accurately the maximum permitted liquid level. Additional gauging devices may be installed but may not be used as primary controls for filling of cargo tanks and portable tanks. Gauge glasses are not permitted on any cargo tank or portable tank. Primary gauging devices used on cargo tanks of less than 3500 gallons water capacity are exempt from the longitudinal location requirements specified in paragraphs (h)(2) and (3) of this section provided: The tank length does not exceed three times the tank diameter; and the cargo tank is unloaded within 24 hours after each filling of the tank.
Gaging device permitted for filling purposes
Anhydrous ammonia Rotary tube; adjustable slip tube; fixed length dip tube.
Anhydrous dimethylamine None.
Anhydrous monomethylamine Do.
Anhydrous trimethylamine Do.
Aqua ammonia solution containing anhydrous ammonia Rotary tube; adjustable slip tube; fixed length dip tube.
Butadiene, stabilized Do.
Carbon dioxide, refrigerated liquid Do.
Chlorine None.
Dichlorodifluoromethane Do.
Difluoroethane Do.
Difluoromonochloroethane Do.
Dimethyl ether Do.
Ethane, refrigerated liquid Rotary tube; adjustable slip tube; fixed length dip tube.
Ethane-propane mixture, refrigerated liquid Do.
Hexafluoropropylene None.
Hydrogen chloride, refrigerated liquid Do.
Liquefied petroleum gases Rotary tube; adjustable slip tube; fixed length dip tube.
Methyl chloride Fixed length dip tube.
Methyl mercaptan Rotary tube; adjustable slip tube; fixed length dip tube.
Monochlorodifluoromethane None.
Nitrous oxide, refrigerated liquid Rotary tube; adjustable slip tube; fixed length dip tube.
Methylacetylenepropadiene, stabilized Do.
Refrigerant gas, n.o.s. or Dispersant gas, n.o.s None.
Sulfur dioxide Fixed length dip tube.
Vinyl chloride None.
Vinyl fluoride, inhibited Do.
(1) The design pressure of the liquid level gauging devices shall be at least equal to the design pressure of the tank.
(2) If the primary gauging device is adjustable, it must be capable of adjustment so that the end of the tube will be in the location specified in paragraph (h)(3) of this section for at least one of the ladings to be transported, at the filling level corresponding to an average loading temperature. Exterior means must be provided to indicate this adjustment. The gauging device must be legibly and permanently marked in increments not exceeding 20 Fahrenheit degrees (or not exceeding 25 p.s.i.g. on tanks for carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid), to indicate the maximum levels to which the tank may be filled with liquid at temperatures above 20 °F. However, if it is not practicable to so mark the gauging device, this information must be legibly and permanently marked on a plate affixed to the tank adjacent to the gauging device.
(3) A dip tube gauging device consists of a pipe or tube with a valve at its outer end with its intake limited by an orifice not larger than 0.060 inch in diameter. If a fixed length dip tube is used, the intake must be located midway of the tank both longitudinally and laterally and at maximum permitted filling level. In tanks for liquefied petroleum gases, the intake must be located at the level reached by the lading when the tank is loaded to maximum filling density at 40 °F.
(4) Except on a tank used exclusively for the transportation of carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid, each opening for a pressure gauge must be restricted at or inside the tank by an orifice no larger than 0.060 inch in diameter. For carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid service, the pressure gauge need only be used during the filling operation.
(i) Each tank must be provided with one or more pressure relief devices which, unless otherwise specified in this part, must be of the spring-loaded type. Each valve must be arranged to discharge upward and unobstructed to the outside of the protective housing to prevent any impingement of escaping gas upon the tank. For each chlorine tank the protective housing must be in compliance with the requirements set forth in the applicable specification.
(1) The safety relief valves on each tank must meet the following conditions:
(i) The total relieving capacity, as determined by the flow formulas contained in Section 5 of CGA S-1.2 (IBR, see § 171.7 of this subchapter), must be sufficient to prevent a maximum pressure in the tank of more than 120 percent of the design pressure;
(ii) The flow capacity rating, testing and marking must be in accordance with Sections 5, 6 and 7 of CGA Pamphlet S-1.2.
(iii) For an insulated tank, the required relieving capacity of the relief devices must be the same as for an uninsulated tank, unless the insulation will remain in place and will be effective under fire conditions. In this case, except for UN portable tanks, each insulated tank must be covered by a sheet metal jacket of not less than 16 gauge thickness. For UN portable tanks where the relieving capacity of the valves has been reduced on the basis of the insulation system, the insulation system must remain effective at all temperatures less than 649 °C (1200.2 °F) and be jacketed with a material having a melting point of 700 °C (1292.0 °F) or greater.
(iv) An MC 330 cargo tank that has relief valves sized by Fetterly's formula dated November 27, 1928, may be continued in service.
(2) Each safety relief valve must be arranged to minimize the possibility of tampering. If the pressure setting or adjustment is external to the valve, the safety relief valve must be provided with means for sealing the adjustment and it must be sealed.
(3) Each safety relief valve on a portable tank, other than a UN portable tank, must be set to start-to-discharge at pressure no higher than 110% of the tank design pressure and no lower than the design pressure specified in paragraph (a) of this section for the gas transported. For UN portable tanks used for liquefied compressed gases and constructed in accordance with the requirements of § 178.276 of this subchapter, the pressure relief device(s) must conform to § 178.276(e) of this subchapter.
(4) Except for UN portable tanks, each safety relief valve must be plainly and permanently marked with the pressure in p.s.i.g. at which it is set to discharge, with the actual rate of discharge of the device in cubic feet per minute of the gas or of air at 60 °F (15.6 °C) and 14.7 p.s.i.a., and with the manufacturer's name or trade name and catalog number. The start-to-discharge valve marking must be visible after the valve is installed. The rated discharge capacity of the device must be determined at a pressure of 120% of the design pressure of the tank. For UN portable tanks, each pressure relief device must be clearly and permanently marked as specified in § 178.274(f)(1) of this subchapter.
(5) Each safety relief valve must have direct communication with the vapor space in the tank.
(6) Each connection to a safety relief valve must be of sufficient size to provide the required rate of discharge through the safety relief valve.
(8) Each pressure relief valve outlet must be provided with a protective device to prevent the entrance and accumulation of dirt and water. This device must not impede flow through the valve. Pressure relief devices must be designed to prevent the entry of foreign matter, the leakage of liquid and the development of any dangerous excess pressure.
(9) On tanks for carbon dioxide, refrigerated liquid or nitrous oxide, refrigerated liquid each safety relief device must be installed and located so that the cooling effect of the contents will not prevent the effective operation of the device. In addition to the required safety relief valves, these tanks may be equipped with one or more pressure controlling devices.
(10) Each tank for carbon dioxide, refrigerated liquid also may be equipped with one or more non-reclosing pressure relief devices set to function at a pressure not over two times nor less than 1.5 times the design pressure of the tank.
(11) Each portion of connected liquid piping or hose that can be closed at both ends must be provided with a safety relief valve without an intervening shut-off valve to prevent excessive hydrostatic pressure that could burst the piping or hose.
(12) Subject to conditions of paragraph (a) of this section for the methyl chloride and sulfur dioxide optional portable tanks, one or more fusible plugs examined by the Bureau of Explosives and approved by the Associate Administrator may be used on these tanks in place of safety relief valves of the spring-loaded type. The fusible plug or plugs must be in accordance with CGA Pamphlet S-1.2, to prevent a pressure rise in the tank of more than 120 percent of the design pressure. If the tank is over 30 inches long, each end must have the total specified safety discharge area.
(13) A safety relief valve on a chlorine cargo tank must conform to one of the following standards of The Chlorine Institute, Inc.: Type 1 1/2 JQ225, Dwg. H51970 (IBR, see § 171.7 of this subchapter); or Type 1 1/2 JQ225, Dwg. H50155 (IBR, see § 171.7 of this subchapter).
(j) Consumer storage containers. (1) Storage containers for liquefied petroleum gas or propane charged to five percent of their capacity or less and intended for permanent installation on consumer premises may be shipped by private motor carrier under the following conditions:
(i) Each container must be constructed in compliance with the requirements in Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter) and must be marked to indicate compliance in the manner specified by the respective Code. Containers built in compliance with earlier editions starting with 1943 are authorized.
(ii) Each container must be equipped with safety devices in compliance with the requirements for safety devices on containers as specified in NFPA 58, Liquefied Petroleum Gas Code (IBR, see § 171.7 of this subchapter).
(iii) The containers must be braced or otherwise secured on the vehicle to prevent relative motion while in transit. Valves or other fittings must be adequately protected against damage during transportation. (See § 177.834(a) of this subchapter).
(2) Storage containers with a water capacity not exceeding 500 gallons charged with liquefied petroleum gas to more than five percent of their capacity and intended for permanent installation on consumer premises may be transported by private motor carrier one-way only from the consumer's premises to the container owner's nearest facility under the following conditions:
(i) Each container must be constructed in compliance with the requirements in Section VIII of the ASME Code and must be marked to indicate compliance in the manner specified by the respective Code.
(ii) Maximum permitted filling density may not exceed that specified in paragraph (b) of this section.
(iii) Prior to loading on a motor vehicle, the container must be inspected by a trained and qualified person for leaks, corroded or abraded areas, dents, distortions, weld defects, or other condition that may render the container unsafe for transportation. A record of the inspection must be legibly signed and dated by the person performing the inspection and retained by the container owner for two years. The signature on the inspection record represents a certification that the container has been inspected and has no defects that would render it unsafe for transportation under the HMR. The record of inspection must include the date of inspection, the inspector's contact information (such as a telephone number), the container's serial number and container size (water capacity), estimated amount of hazardous material, and the origin and destination of shipment.
(iv) Only one storage container may be transported on a motor vehicle.
(v) For loading on a motor vehicle, the container must be lifted by slings, which must be completely wrapped around the container. Lifting lugs may not be used. The slings must be rated to a weight sufficient to accommodate the container and its lading and shall comply with ASME B30.9 on slings used for lifting purposes, and must be visually inspected prior to each use. A sling showing evidence of tears, fraying, or other signs of excessive wear may not be used.
(vi) The storage container must be secured on a motor vehicle so that the container is completely within the envelope of the vehicle and does not extend beyond the vehicle frame.
(vii) The storage container must be placed on the vehicle in a manner, such as in a cradle, which ensures that no weight is placed on the supporting legs during transportation.
(viii) The storage container must be secured against movement during transportation. Bracing must conform with the requirements of paragraph (j)(1)(iii) of this section and § 177.834(a) of this subchapter and with Section 6-5.2 of NFPA 58, Liquefied Petroleum Gas Code. Straps or chains used as tie-downs must be rated to exceed the maximum load to be transported and conform to the requirements in §§ 393.100 through 393.106 of this title.
(ix) Tow trailers used to transport storage containers in accordance with this paragraph (j)(2) must provide rear end protection that conforms to requirements in § 393.86 of this title.
(3) Storage containers of less than 1,042 pounds water capacity (125 gallons) may be shipped when charged with liquefied petroleum gas in compliance with DOT filling density.
(k) A nonspecification cargo tank meeting, and marked in conformance with, the edition of Section VIII of the ASME Code in effect when it was fabricated may be used for the transportation of liquefied petroleum gas provided it meets all of the following conditions:
(1) It must have a minimum design pressure no lower than 250 psig.
(2) It must have a capacity of 13,247.5 L (3,500 water gallons) or less.
(3) It must have been manufactured in conformance with Section VIII of the ASME Code prior to January 1, 1981, according to its ASME name plate and manufacturer's data report.
(4) It must conform to the applicable provisions of NFPA 58, except to the extent that provisions in NFPA 58 are inconsistent with requirements in parts 178 and 180 of this subchapter.
(5) It must be inspected, tested, and equipped in accordance with subpart E of part 180 of this subchapter as specified for MC 331 cargo tank motor vehicles.
(6) Except as provided in this paragraph (k), it must be operated exclusively in intrastate commerce, including its operation by a motor carrier otherwise engaged in interstate commerce, in a state where its operation was permitted by law (not including the incorporation of this subchapter) prior to January 1, 1981. A cargo tank motor vehicle operating under authority of this section may cross state lines to travel to and from a qualified assembly, repair, maintenance, or requalification facility. The cargo tank need not be cleaned and purged, but it may not contain liquefied petroleum gas in excess of five percent of the water capacity of the cargo tank. If the vehicle engine is supplied fuel from the cargo tank, enough fuel in excess of five percent of the cargo tank's water capacity may be carried for the trip to or from the facility.
(7) It must have been used to transport liquefied petroleum gas prior to January 1, 1981.
(8) It must be operated in conformance with all other requirements of this subchapter.
(l) Anhydrous ammonia must not be offered for transportation or transported in specification MC 330 and MC 331 cargo tanks constructed of quenched and tempered (“QT”) steel except as provided in this paragraph.
(1) The ammonia must have a minimum water content of 0.2 percent by weight. Any addition of water must be made using steam condensate, deionized, or distilled water.
(2) Except as otherwise provided in this paragraph, each person offering for transportation or transporting anhydrous ammonia shall perform a periodic analysis for prescribed water content in the ammonia. The analysis must be performed:
(i) From a sample of the ammonia in storage taken at least once every 7 days, or each time ammonia is added to the storage tanks, whichever is less frequent; or
(ii) At the time the cargo tanks are loaded, then a sample of the ammonia taken from at least one loaded cargo tank out of each 10 loads, or from one cargo tank every 24 hours, whichever is less frequent; or
(iii) At the same frequency as described in paragraph (l)(2)(ii) of this section, from a sample taken from the loading line to the cargo tank.
(3) If water is added at the time of loading:
(i) The sample for analysis must be taken from a point in the loading line between the water injection equipment and the cargo tank; and
(ii) Positive provisions must be made to assure water injection equipment is operating.
(4) If water injection equipment becomes inoperative, suitable corrective maintenance must be performed after which a sample from the first loaded cargo tank must be analyzed for prescribed water content.
(5) The analysis method for water content must be as prescribed in CGA G-2.2, “Tentative Standard Method for Determining Minimum of 0.2 percent water in Anhydrous Ammonia,” (IBR, see § 171.7 of this subchapter).
(6) Records indicating the results of the analysis taken, as required by this paragraph, must be retained for 2 years and must be open to inspection by a representative of the Department.
(7) Each person receiving anhydrous ammonia containing 0.2 per cent water by weight may offer for transportation or transport that ammonia without performing the prescribed analysis for water content provided:
(i) The ammonia received was certified as containing 0.2 percent water as prescribed in §§ 172.203(h)(l)(i) and 177.817(a) of this subchapter; and
(ii) The amount of water in the ammonia has not been reduced by any means.
(m) General. (1) A cargo tank that is commonly known as a nurse tank and considered an implement of husbandry transporting anhydrous ammonia and operated by a private motor carrier exclusively for agricultural purposes is excepted from the specification requirements of part 178 of this subchapter if it:
(i) Has a minimum design pressure of 250 psig, meets the requirements of Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter), and is marked with a valid ASME plate.
(ii) Is equipped with pressure relief valves meeting the requirements of CGA Standard S-1.2 (IBR, see § 171.7 of this subchapter);
(iii) Is painted white or aluminum;
(iv) Has a capacity of 3,000 gallons or less;
(v) Is loaded to a filling density no greater than 56 percent;
(vi) Is securely mounted on a farm wagon or meets paragraph (m)(3) of this section; and
(vii) Is in conformance with the requirements of part 172 of this subchapter except that shipping papers are not required; and it need not be marked or placarded on one end if that end contains valves, fittings, regulators or gauges when those appurtenances prevent the markings and placard from being properly placed and visible.
(2) Nurse tanks with missing or illegible ASME plates. Nurse tanks with missing or illegible ASME plates may continue to be operated provided they conform to the following requirements:
(i) Each nurse tank must undergo an external visual inspection and testing in accordance with § 180.407(d) of this subchapter.
(ii) Each nurse tank must be thickness tested in accordance with § 180.407(i) of this subchapter. A nurse tank with a capacity of less than 1,500 gallons must have a minimum head thickness of 0.203 inch and a minimum shell thickness of 0.239 inch. A nurse tank with a capacity of 1,500 gallons or more must have a minimum thickness of 0.250 inch. Any nurse tank with a thickness test reading of less than that specified in this paragraph at any point must be removed from hazardous materials service.
(iii) Each nurse tank must be pressure tested in accordance with § 180.407(g) of this subchapter. The minimum test pressure is 375 psig. Pneumatic testing is not authorized.
(iv) Each nurse tank must be inspected and tested by a person meeting the requirements of § 180.409(d) of this subchapter. Furthermore, each nurse tank must have the tests performed at least once every five years after the completion of the initial tests.
(v) After each nurse tank has successfully passed the visual, thickness, and pressure tests, welded repairs on the tank are prohibited.
(vi) After the nurse tank has successfully passed the visual, thickness, and pressure tests, it must be marked in accordance with § 180.415(b), and permanently marked near the test and inspection markings with a unique owner's identification number in letters and numbers at least 1/2 inch in height and width.
(vii) Each nurse tank owner must maintain a copy of the test inspection report prepared by the inspector. The test report must contain the results of the test and meet the requirements in § 180.417(b) and be made available to a DOT representative upon request.
(3) Field truck mounted tanks. A non-DOT specification cargo tank (nurse tank) securely mounted on a field truck is authorized under the following conditions:
(i) The tank is in conformance with all the requirements of paragraph (m)(1) of this section, except that the requirement in paragraph (m)(1)(vi) does not apply;
(ii) The tank is inspected and tested in accordance with subpart E of part 180 of this subchapter as specified for an MC 331 cargo tank;
(iii) The tank is restricted to rural roads in areas within 50 miles of the fertilizer distribution point where the nurse tank is loaded; and
(iv) For the purposes of this section, a field truck means a vehicle on which a nurse tank is mounted that is designed to withstand off-road driving on hilly terrain. Specifically, the vehicle must be outfitted with stiffer suspension (for example, additional springs or airbags) than would be necessary for a comparable on-road vehicle, a rear axle ratio that provides greater low end torque, and a braking system and tires designed to ensure stability in hilly terrain. The field truck must have low annual over-the-road mileage and be used exclusively for agricultural purposes.
(n) Emergency discharge control for cargo tank motor vehicles in liquefied compressed gas service - (1) Required emergency discharge control equipment. Each cargo tank motor vehicle in liquefied compressed gas service must have an emergency discharge control capability as specified in the following table:
§ 173.315(n)(1)(*)
Required emergency discharge control capability
(i) Division 2.2 materials with no subsidiary hazard, excluding anhydrous ammonia All None.
(ii) Division 2.3 materials All Paragraph (n)(2) of this section.
(iii) Division 2.2 materials with a subsidiary hazard, Division 2.1 materials, and anhydrous ammonia Other than metered delivery service Paragraph (n)(2) of this section.
(iv) Division 2.2 materials with a subsidiary hazard, Division 2.1 materials, and anhydrous ammonia in a cargo tank motor vehicle with a capacity of 13,247.5 L (3,500 water gallons) or less Metered delivery service Paragraph (n)(3) of this section.
(v) Division 2.2 materials with a subsidiary hazard, Division 2.1 materials, and anhydrous ammonia in a cargo tank motor vehicle with a capacity greater than 13,247.5 L (3,500 water gallons) Metered delivery service Paragraph (n)(3) of this section, and, for obstructed view deliveries where permitted by § 177.840(p) of this subchapter, paragraph (n)(2) or (n)(4) of this section.
(vi) Division 2.2 materials with a subsidiary hazard, Division 2.1 materials, and anhydrous ammonia in a cargo tank with a capacity of greater than 13,247.5 L (3,500 water gallons) Both metered delivery and other than metered delivery service Paragraph (n)(2) of this section, provided the system operates for both metered and other than metered deliveries; otherwise, paragraphs (n)(2) and (n)(3) of this section.
(2) Cargo tank motor vehicles in other than metered delivery service. A cargo tank motor vehicle in other than metered delivery service must have a means to automatically shut off the flow of product without the need for human intervention within 20 seconds of an unintentional release caused by a complete separation of a liquid delivery hose (passive shut-down capability).
(i) Designed flow of product through a bypass in the valve is acceptable when authorized by this subchapter.
(ii) The design for the means to automatically shut off product flow must be certified by a Design Certifying Engineer. The certification must consider any specifications of the original component manufacturer and must explain how the passive means to shut off the flow of product operates. It must also outline the parameters (e.g., temperature, pressure, types of product) within which the passive means to shut off the flow of product is designed to operate. All components of the discharge system that are integral to the design must be included in the certification. A copy of the design certification must be provided to the owner of the cargo tank motor vehicle on which the equipment will be installed.
(iii) Installation must be performed under the supervision of a Registered Inspector unless the equipment is installed and removed as part of regular operation (e.g., a hose). The Registered Inspector must certify that the equipment is installed and tested, if it is possible to do so without damaging the equipment, in accordance with the Design Certifying Engineer's certification. The Registered Inspector must provide the certification to the owner of the cargo tank motor vehicle.
(3) Cargo tank motor vehicles in metered delivery service. When required by the table in paragraph (n)(1) of this section, a cargo tank motor vehicle must have an off-truck remote means to close the internal self-closing stop valve and shut off all motive and auxiliary power equipment upon activation by a qualified person attending the unloading of the cargo tank motor vehicle (off-truck remote shut-off). It must function reliably at a distance of 45.72 m (150 feet). The off-truck remote shut-off activation device must not be capable of reopening the internal self-closing stop valve after emergency activation.
(i) The emergency discharge control equipment must be installed under the supervision of a Registered Inspector. Each wireless transmitter/receiver must be tested to demonstrate that it will close the internal self-closing stop valve and shut off all motive and auxiliary power equipment at a distance of 91.44 m (300 feet) under optimum conditions. Emergency discharge control equipment that does not employ a wireless transmitter/receiver must be tested to demonstrate its functioning at the maximum length of the delivery hose.
(ii) The Registered Inspector must certify that the remote control equipment is installed in accordance with the original component manufacturer's specifications and is tested in accordance with paragraph (n)(3)(i) of this section. The Registered Inspector must provide the owner of the cargo tank motor vehicle with this certification.
(4) Query systems. When a transmitter/receiver system is used to satisfy the requirements of paragraph (n)(1)(v) of this section, it must close the internal self-closing stop valve and shut off all motive and auxiliary power equipment unless the qualified person attending the unloading operation prevents it from doing so at least once every five minutes. Testing and certification must be as specified in paragraph (n)(3) of this section.
(5) Compliance dates. (i) Each specification MC 331 cargo tank motor vehicle with a certificate of construction issued two or more years after July 1, 1999, must have an appropriate emergency discharge control capability as specified in this paragraph (n).
(ii) No MC 330, MC 331, or nonspecification cargo tank motor vehicle authorized under paragraph (k) of this section may be operated unless it has an appropriate emergency discharge control capability as specified in this paragraph (n) no later than the date of its first scheduled pressure retest required after July 1, 2001. No MC 330, MC 331 or nonspecification cargo tank motor vehicle authorized under paragraph (k) of this section may be operated after July 1, 2006, unless it has been equipped with emergency discharge control equipment as specified in this paragraph (n).
(iii) No MC 330 or MC 331 cargo tank motor vehicle with a capacity over 13,247 L (3,500 gallons) used in metered delivery service may be operated unless it has an appropriate discharge control capability as specified in this paragraph (n) no later than July 1, 2003, or the date of its first scheduled pressure retest required after July 1, 2001, whichever is earlier.
(o) Chlorine cargo tank motor vehicles. Each cargo tank motor vehicle used for the transportation of chlorine must meet the requirements in the following:
(1) Any hose, piping, or tubing used for loading or unloading that is mounted or carried on the motor vehicle may not be attached to any valve and must be capped at all ends to prevent the entry of moisture, except at the time of loading or unloading. Except at the time of loading and unloading, the pipe connection of each angle valve must be closed with a screw plug which is chained or otherwise fastened to prevent misplacement.
(2) Each chlorine cargo tank motor vehicle angle valve must be tested to be leak free at not less than 225 psig using dry air or inert gas before installation and thereafter every 2 years when performing the required periodic retest in § 180.407(c) of this subchapter. Prior to each loading, the cargo tank motor vehicle must be inspected and the angle valves and gasketed joints must be examined and tested at a pressure of not less than 50 psig to determine that they are not leaking and are in proper condition for transportation. Any leaks must be corrected before the cargo tank motor vehicle is offered for transportation.
(3) Excess flow valves on the cargo tank motor vehicle must meet the requirements of paragraph (n) of this section.
(p) Fusible elements. Each MC 330, MC 331, or nonspecification cargo tank authorized under paragraph (k) of this section must have a thermal means of closure for each internal self-closing stop valve as specified in § 178.337-8(a)(4) of this subchapter.
(q) Manifolding is authorized for cargo tanks containing anhydrous ammonia provided each individual cargo tank is equipped with a pressure relief device or valves and gauging devices as required by paragraphs (h) and (i) of this section. Each valve must be tightly closed while the cargo tank is in transit. Each cargo tank must be filled separately.
(a) General requirements. (1) A cylinder may not be loaded with a cryogenic liquid colder than the design service temperature of the packaging.
(2) A cylinder may not be loaded with any material which may combine chemically with any residue in the packaging to produce an unsafe condition.
(3) The jacket covering the insulation on a cylinder used to transport any flammable cryogenic liquid must be made of steel.
(4) A valve or fitting made of aluminum with internal rubbing or abrading aluminum parts that may come in contact with oxygen in the cryogenic liquid form may not be installed on any cylinder used to transport oxygen, cryogenic liquid unless the parts are anodized in accordance with ASTM Standard B 580 (IBR, see § 171.7 of this subchapter).
(5) An aluminum valve, pipe or fitting may not be installed on any cylinder used to transport any flammable cryogenic liquid.
(6) Each cylinder must be provided with one or more pressure relief devices, which must be installed and maintained in compliance with the requirements of this subchapter.
(7) Each pressure relief device must be installed and located so that the cooling effect of the contents during venting will not prevent effective operation of the device.
(8) All pressure relief device inlets must under maximum filling conditions be situated in the vapor space of the closed cryogenic receptacle and the devices must be arranged to ensure that the escaping vapor is discharged unobstructed.
(9) The maximum weight of the contents in a cylinder with a design service temperature colder than −320 °F. may not exceed the design weight marked on the cylinder (see § 178.35 of this subchapter).
(b) Pressure control systems. Each cylinder containing a cryogenic liquid must have a pressure control system that conforms to § 173.301(f) and is designed and installed so that it will prevent the cylinder from becoming liquid full.
(c) Specification cylinder requirements and filling limits. Specification DOT-4L cylinders (§ 178.57 of this subchapter) are authorized for the transportation of cryogenic liquids when carried in the vertical position as follows:
(1) For purposes of this section, “filling density,” except for hydrogen, is defined as the percent ratio of the weight of lading in the packaging to the weight of water that the packaging will hold at 60 °F. (1 lb. of water = 27.737 cubic inches at 60 °F.).
(2) The cryogenic liquids of argon, nitrogen, oxygen, helium and neon must be loaded and shipped in accordance with the following table:
Pressure control valve setting (maximum start-to-discharge pressure psig)
Maximum permitted filling density (percent by weight)
45 82.5 133 76 108 12.5 109
105 78.4 127 72 103 12.5 100
170 76.2 122 70 100 12.5 92
230 75.1 119 69 98 12.5 85
360 70.7 113 65 93 12.5
Design service temperature (°F.) −320 −320 −320 −320 −452 −411
(3) Hydrogen (minimum 95 percent parahydrogen) must be loaded and shipped as follows:
Design service temperature Minus 423 °F. or colder.
Maximum permitted filling density, based on cylinder capacity at minus 423 °F (see Note 1) 6.7 percent.
The pressure control valve must be designed and set to limit the pressure in the cylinder to not more than 17 psig.
The filling density for hydrogen, cryogenic liquid is defined as the percent ratio of the weight of lading in a packaging to the weight of water that the packaging will hold at minus 423 °F. The volume of the packaging at minus 423 °F is determined in cubic inches. The volume is converted to pounds of water (1 lb. of water = 27.737 cubic inches).
(i) Each cylinder must be constructed, insulated and maintained so that during transportation the total rate of venting shall not exceed 30 SCF of hydrogen per hour.
(ii) In addition to the marking requirements in § 178.35 of this subchapter, the total rate of venting in SCF per hour (SCFH) shall be marked on the top head or valve protection band in letters at least one-half inch high as follows: “VENT RATE**SCFH” (with the asterisks replaced by the number representing the total rate of venting, in SCF per hour).
(iii) Carriage by highway is subject to the conditions specified in § 177.840(a) of this subchapter.
(d) Mixtures of cryogenic liquid. Where charging requirements are not specifically prescribed in paragraph (c) of this section, the cryogenic liquid must be shipped in packagings and under conditions approved by the Associate Administrator.
[Amdt. 173-166, 48 FR 27695, June 16, 1983, as amended by Amdt. 173-166, 49 FR 24314, June 12, 1984; Amdt. 173-180, 49 FR 42735, Oct. 24, 1984; Amdt. 173-201, 52 FR 13041, Apr. 20, 1987: Amdt. 173-250, 61 FR 25942, May 23, 1996; Amdt. 173-261, 62 FR 24741, May 6, 1997; 66 FR 45379, Aug. 28, 2001; 67 FR 16013, Sept. 27, 2002; 68 FR 75742, Dec. 31, 2003; 69 FR 54046, Sept. 7, 2004; 78 FR 1092, Jan. 7, 2013]
(a) General requirements. (1) A cargo tank may not be loaded with a cryogenic liquid colder than the design service temperature of the packaging.
(2) A cargo tank may not be loaded with any material that may combine chemically with any residue in the packaging to produce an unsafe condition (see § 178.338-15).
(3) The jacket covering the insulation on a tank used to transport a cryogenic liquid must be made of steel if the cryogenic liquid:
(i) Is to be transported by vessel (see § 176.76(g) of this subchapter); or
(ii) Is oxygen or a flammable material.
(4) A valve or fitting made of aluminum with internal rubbing or abrading aluminum parts that may come in contact with oxygen in the cryogenic liquid form may not be installed on any cargo tank used to transport oxygen, cryogenic liquid unless the parts are anodized in accordance with ASTM Standard B 580 (IBR, see § 171.7 of this subchapter).
(5) An aluminum valve, pipe or fitting, external to the jacket that retains lading during transportation may not be installed on any cargo tank used to transport oxygen, cryogenic liquid or any flammable cryogenic liquid.
(6) A cargo tank used to transport oxygen, cryogenic liquid must be provided with a manhole (see § 178.338-6 of this subchapter).
(b) Pressure relief systems and pressure control valves - (1) Types of pressure relief systems - (i) Tanks in oxygen and flammable cryogenic liquid service. Except as otherwise provided in this paragraph, each tank in oxygen and flammable cryogenic liquid service must be protected by two independent pressure relief systems which are not connected in series, namely:
(A) A primary system of one or more pressure relief valves; and
(B) A secondary system of one of more frangible discs or pressure relief valves. For a tank in carbon monoxide service, the secondary system must be pressure relief valves only.
(ii) Tanks in helium and atmospheric gas (except oxygen) cryogenic liquid service. For a tank used in helium and atmospheric gas (except oxygen) cryogenic liquid service, the tank must be protected by at least one pressure relief system consisting of:
(A) One or more pressure relief valves; or
(B) A combination of one or more pressure relief valves and one or more frangible discs.
(2) Capacities of pressure relief systems - (i) Tanks in oxygen or flammable cryogenic liquid service. For tanks in oxygen or flammable cryogenic liquid service, the primary system and the secondary system of pressure relief devices must each have a flow capacity equal to or greater than that calculated by the applicable formula in paragraph 5.3.2 or paragraph 5.3.3 of CGA S-1.2 (IBR, see § 171.7 of this subchapter). In addition:
(A) The primary pressure relief system must have a total flow capacity at a pressure not exceeding 120 percent of the tank's design pressure.
(B) The secondary pressure relief system must have a total flow capacity at a pressure not exceeding 150 percent of the tank's design pressure.
(C) The flow capacity and rating must be verified and marked by the manufacturer of the device in accordance with CGA Pamphlet S-1.2.
(ii) Tanks in helium and atmospheric gas (except oxygen) cryogenic liquid service. For tanks in helium and atmospheric gas (except oxygen) cryogenic liquid service, the pressure relief system must have a flow capacity equal to or greater than that calculated by the applicable formula in paragraphs 5.3.2 or 5.3.3 of CGA Pamphlet S-1.2. If the pressure relief system consists of a combination of pressure relief valves and frangible discs, the pressure relief valves must have a total venting capacity equal to or greater than that calculated by the applicable formula in paragraph 4.1.10.1.1 of CGA Pamphlet S-1.2. The pressure relief system must have this total flow capacity at a pressure not exceeding 150 percent of the tank's design pressure. The flow capacity and rating must be verified and marked by the manufacturer of the device in accordance with CGA Pamphlet S-1.2.
(3) Type and construction of pressure relief devices. (i) Each pressure relief device must be designed and constructed for a pressure equal to or exceeding the tank's design pressure at the coldest temperature reasonably expected to be encountered.
(ii) Pressure relief devices must be either spring-loaded pressure relief valves or frangible discs. Pressure relief valves must be of a type that automatically open and close at predetermined pressures.
(4) Setting of pressure relief devices. (i) On a tank used in oxygen or flammable cryogenic liquid service, the pressure relief devices must perform as follows.
(A) Each pressure relief valve in the primary relief system must be set-to-discharge at a pressure no higher than 110 percent of the tank's design pressure.
(B) Each pressure relief device in the secondary pressure relief system must be designed to commence functioning at a pressure no lower than 130 percent and no higher than 150 percent of the tank's design pressure.
(ii) On a tank used in helium and atmospheric gas (except oxygen) cryogenic liquid service, the pressure relief devices in the pressure relief system must be designed to commence functioning at no higher than 150 percent of the tank's design pressure.
(5) Optional pressure relief devices and pressure control valves. In addition to the required pressure relief devices, a cargo tank in cryogenic liquid (except carbon monoxide) service may be equipped with one or both of the following:
(i) One or more pressure control valves set at a pressure below the tank's design pressure.
(ii) One or more frangible discs set to function at a pressure not less than one and one-half times or more than two times the tank's design pressure.
(6) Maximum filling rate. (i) For a tank used in oxygen and flammable cryogenic liquid service, the maximum rate at which the tank is filled must not exceed the liquid flow capacity of the primary pressure relief system rated at a pressure not exceeding 120 percent of the tank's design pressure.
(ii) On a tank used in helium and atmospheric gas (except oxygen) cryogenic liquid service, the maximum rate at which the tank is filled must not exceed the liquid flow capacity of the pressure relief valves rated at 150 percent of the tank's design pressure.
(7) Arrangement and location of pressure relief devices. (i) The discharge from any pressure relief system must be directed upward and be unobstructed to the outside of the protective housing in such a manner as to prevent impingement of gas upon the jacket or any structural part of the vehicle.
(ii) Each pressure relief valve must be arranged or protected to prevent the accumulation of foreign material between the relief valve and the atmospheric discharge opening in any relief piping. The arrangement must not impede flow through the device.
(iii) Each pressure relief valve must be designed and located to minimize the possibility of tampering. If the pressure setting or adjustment is external to the valve, the valve adjustment must be sealed.
(iv) Each pressure relief device must have direct communication with the vapor space of the tank at the midlength of the top centerline.
(v) Each pressure relief device must be installed and located so that the cooling effect of the contents during venting will not prevent the effective operation of the device.
(vi) All pressure relief device inlets must under maximum filling conditions be situated in the vapor space of the closed cryogenic receptacle and the devices must be arranged to ensure that the escaping vapor is discharged unobstructed.
(8) Connections. (i) Each connection to a pressure relief device must be of sufficient size to allow the required rate of discharge through the pressure relief device. The inlet connection must be not less than one-half inch nominal pipe size.
(ii) A shut-off valve may be installed in a pressure relief system only when the required relief capacity is provided at all times.
(9) Pressure relief devices for piping hose and vacuum-insulated jackets. (i) Each portion of connected liquid piping or hose that can be closed at both ends must be provided with either a hydrostatic pressure relief valve without an intervening shut-off valve, or a check valve permitting flow from the pipe or hose into the tank. If used, the relief valve must be located so as to prevent its discharge from impinging on the tank, piping, or operating personnel.
(ii) On a vacuum-insulated cargo tank the jacket must be protected by a suitable relief device to release internal pressure. The discharge area of this device must be at least 0.00024 square inch per pound of water capacity of the tank. This relief device must function at a pressure not exceeding the internal design pressure of the jacket, calculated in accordance with Section VIII of the ASME Code (IBR, see § 171.7 of this subchapter), or 25 psig, whichever is less.
(10) Tank inlet, outlet, pressure relief device and pressure control valve markings. (i) Each tank inlet and outlet, except pressure relief devices and pressure control valves, must be permanently marked to indicate whether it communicates with “vapor” or “liquid” when the tank is filled to the maximum permitted filling density.
(ii) Each pressure relief valve must be plainly and permanently marked with the pressure, in psig, at which it is set-to-discharge, the discharge rate of the device in SCF per minute (SCFM) of free air, and the manufacturer's name or trade name and catalog number. The marked set-to-discharge pressure valve must be visible with the valve in its installed position. The rated discharge capacity of the device must be determined at a pressure of 120 percent of the design pressure of the tank.
(iii) Each pressure control valve must be plainly and permanently marked with the pressure, in psig, at which it is set-to-discharge.
(c) Weight of lading requirements. The weight of a cryogenic liquid in the tank must be determined by weighing or by the use of a liquid level gauging device authorized in § 178.338-14(a) of this subchapter, and may not exceed the lesser of:
(1) The weight of lading in the tank, based on the water capacity stamped on the nameplate (§ 178.338-18(a)(4) of this subchapter) and the appropriate maximum permitted filling density specified in paragraph (f) of this section; or
(2) The maximum weight of lading for which the cargo tank was designed, as marked on the specification plate (see § 178.338-18(b) of this subchapter).
(d) Outage. Except for a cargo tank containing helium, cryogenic liquid, a cargo tank offered for transportation must have an outage of at least two percent below the inlet of the pressure relief device or pressure control valve, under conditions of incipient opening, with the tank in a level attitude.
(e) Temperature. A flammable cryogenic liquid in a cargo tank at the start of travel must be at a temperature sufficiently cold that the pressure setting of the pressure control valve or the required pressure relief valve, whichever is lower, will not be reached in less time than the marked rated holding time for the cryogenic liquid (see paragraph (g)(3) of this section and § 178.338-9(b) of this subchapter).
(f) Specification MC-338 (§ 178.338 of this subchapter) cargo tanks are authorized for the shipment of the following cryogenic liquids subject to the following additional requirements:
(1) For purposes of this section, “filling density” is defined as the percent ratio of the weight of lading in the tank to the weight of water that the tank will hold at the design service temperature (one pound of water = 27.737 cubic inches at 60 °F., or one gallon of water = 231 cubic inches at 60 °F. and weighs 8.32828 pounds).
(2) Air, argon, helium, nitrogen, and oxygen, cryogenic liquids must be loaded and shipped in accordance with the following table:
Pressure Control Valve Setting or Relief Valve Setting
Maximum set-to-discharge pressure (psig)
30 80.3 129 12.5 74 105
85 75.1 121 12.5 99
105 73.7 12.5 67
145 70.9 115 12.5 64 94
325 59.4 101 53 83
Design service temperature −320 °F −320 °F −452 °F −320 °F −320 °F
(3) Carbon monoxide, hydrogen (minimum 95 percent para-hydrogen), ethylene, and methane or natural gas, cryogenic liquids must be loaded and shipped in accordance with the following table:
Methane or natural gas
15 75.0 6.6 40.5
30 72.0 52.7 6.3 39.1
100 48.4 5.4 36.6
Design service temperature −320 °F −155 °F −423 °F −260 °F
(4) Mixtures of cryogenic liquid. Where charging requirements are not specifically prescribed in this paragraph (f), the cryogenic liquid must be shipped in packagings and under conditions approved by the Associate Administrator.
(g) One-way travel time; marking. The jacket of a cargo tank to be used to transport a flammable cryogenic liquid must be marked on its right side near the front, in letters and numbers at least two inches high, “One-Way-Travel-Time __ hrs.”, with the blank filled in with a number indicating the one-way travel time (OWTT), in hours, of the cargo tank for the flammable cryogenic liquid to be transported. A cargo tank that is partially unloaded at one or more locations must have additional marking “One-Way-Travel-Time __ hrs. __ psig to __ psig at __ percent filling density,” with the second blank filled in with the pressure existing after partial unloading and the third blank filled in with the set-to-discharge pressure of the control valve or pressure relief valve, and the fourth blank with the filling density following partial unloading. Multiple OWTT markings for different pressure levels are permitted. The abbreviation “OWTT” may be used in place of the words “One-way-travel-time” in the marking required by this paragraph.
(1) OWTT is based on the marked rated holding time (MRHT) of the cargo tank for the cryogenic liquid to be transported in the cargo tank. If the MRHT for the flammable cryogenic liquid is not displayed on or adjacent to the specification plate, this MRHT may be derived.
(2) The MRHT is converted to OWTT, in hours, as follows:
(i) For a tank with an MRHT of 72 hours or less,
OWTT = (MRHT − 24) / 2
(ii) For a tank with an MRHT greater than 72 hours,
OWTT = MRHT − 48
(3) Each cargo tank motor vehicle used to transport a flammable cryogenic liquid must be examined after each shipment to determine its actual holding time. The record required by § 177.840(h) of this subchapter may be used for this determination. If the examination indicates that the actual holding time of the cargo tank, after adjustment to reflect an average ambient temperature of 85 °F, is less than 90 percent of the marked rated holding time (MRHT) for the cryogenic liquid marked on the specification plate or adjacent thereto (see § 178.338-18(b) of this subchapter), the tank may not be refilled with any flammable cryogenic liquid until it is restored to its marked rated holding time value or it is re-marked with the actual marked rated holding time determined by this examination. If the name of the flammable cryogenic liquid that was transported and its marked rated holding time is not displayed on or adjacent to the specification plate, this requirement may be met by deriving the MRHT of the cargo tank for that flammable cryogenic liquid and comparing that derived MRHT with the actual holding time after adjustment.
[Amdt. 173-166, 48 FR 27696, June 16, 1983] Editorial Note:For Federal Register citations affecting § 173.318, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.
(a) General requirements. (1) A tank car containing a flammable cryogenic liquid may not be shipped unless it was loaded by, or with the consent of, the owner of the tank car.
(2) The amount of flammable cryogenic liquid loaded into a tank car must be determined, either by direct measurement or by calculation based on weight, to verify that the tank has not been filled to a level in excess of the limits specified in paragraph (d)(2) of this section. The weight of any flammable cryogenic liquid loaded, except hydrogen, must be checked by use of scales after disconnecting the loading line.
(3) The shipper must notify the Federal Railroad Administration whenever a tank car containing any flammable cryogenic liquid is not received by the consignee within 20 days from the date of shipment. Notification to the Federal Railroad Administration may be made by email to HMassist@dot.gov or telephone call to (202) 493-6245.
(4) A tank car may not be loaded with any flammable cryogenic liquid:
(i) That may combine chemically with any residue in the tank to produce an unsafe condition,
(ii) That is colder than the design service temperature of the tank,
(iii) If the average daily pressure rise in the tank exceeded 3 psig during the prior shipment,
(iv) Unless it is marked with the name of contents, in accordance with § 172.330 of this subchapter.
(b) When a tank car containing a flammable cryogenic liquid is offered for transportation:
(1) At least 0.5 percent outage must be provided below the inlet of the pressure relief or pressure control valve at the start-to-discharge pressure setting of the valve, with the tank car in a level attitude, and
(2) The absolute pressure in the annular space must be less than 75 microns of mercury.
(c) Temperature. A flammable cryogenic liquid must be loaded into a tank car at such a temperature that the average daily pressure rise during transportation will not exceed 3 psig (see paragraph (a)(4)(iii) of this section).
(d) A Class DOT-113 tank car is authorized for the shipment of the following cryogenic liquids subject to the following additional requirements:
(2) Ethylene, and hydrogen (minimum 95 percent parahydrogen), cryogenic liquids must be loaded and shipped in accordance with the following table:
Maximum start-to-discharge pressure
17 6.60.
Maximum pressure when offered for transportation 10 psig 20 psig 20 psig
Design service temperature Minus 260 °F Minus 260 °F Minus 155 °F Minus 423 °F.
Specification (see § 180.507(b)(3) of this subchapter) 113D60W, 113C60W 113C120W 113D120W 113A175W, 113A60W.
(e) Special requirements for class DOT 113 tank cars - (1) A class DOT-113 tank car need not be periodically pressure tested; however, each shipment must be monitored to determine the average daily pressure rise in the tank car. If the average daily pressure rise during any shipment exceeds 0.2 Bar (3 psig) per day, the tank must be tested for thermal integrity prior to any subsequent shipment.
(2) Thermal integrity test. When required by paragraph (e)(1) of this section, either of the following thermal integrity tests may be used:
(i) Pressure rise test. The pressure rise in the tank may not exceed 0.34 Bar (5 psig) in 24 hours. When the pressure rise test is performed, the absolute pressure in the annular space of the loaded tank car may not exceed 75 microns of mercury at the beginning of the test and may not increase more than 25 microns during the 24-hour period; or
(ii) Calculated heat transfer rate test. The insulation system must be performance tested as prescribed in § 179.400-4 of this subchapter. When the calculated heat transfer rate test is performed, the absolute pressure in the annular space of the loaded tank car may not exceed 75 microns of mercury at the beginning of the test and may not increase more than 25 microns during the 24-hour period. The calculated heat transfer rate in 24 hours may not exceed:
(A) 120 percent of the appropriate standard heat transfer rate specified in § 179.401-1 of this subchapter, for DOT-113A60W and DOT-113C120W tank cars;
(B) 122.808 joules (0.1164 Btu/day/lb.) of inner tank car water capacity, for DOT-113A175W tank cars;
(C) 345.215 joules (0.3272 Btu/day/lb.) of inner tank car water capacity, for DOT-113C60W and 113D60W tank cars; or
(D) 500.09 joules (0.4740 Btu/day/lb.) of inner tank car water capacity, for DOT-113D120W tank cars.
(3) A tank car that fails a test prescribed in paragraph (e)(2) of this section must be removed from hazardous materials service. A tank car removed from hazardous materials service because it failed a test prescribed in paragraph (e)(2) of this section may not be used to transport a hazardous material unless the tank car conforms to all applicable requirements of this subchapter.
(4) Each rupture disc must be replaced every 12 months, and the replacement date must be marked on the car near the pressure relief valve information.
(5) Pressure relief valves and alternate pressure relief valves must be tested every five years. The start-to-discharge pressure and vapor tight pressure requirements for the pressure relief valves must be as specified in § 179.401-1 of this subchapter. The alternate pressure relief device values specified in § 179.401-1 of this subchapter for a DOT-113C120W tank car apply to a DOT-113D120W tank car.
(49 U.S.C. 1803,1804,1808; 49 CFR 1.53, app. A to part 1) [Amdt. 173-166, 48 FR 27698, June 16, 1983, as amended by Amdt. 173-245, Sept. 21, 1995; 65 FR 58630, Sept. 29, 2000; 66 FR 45184, 45379, 45383, Aug. 28, 2001; 70 FR 34076, June 13, 2005; 81 FR 3681, Jan. 21, 2016]
(a) Atmospheric gases and helium, cryogenic liquids, in Dewar flasks, insulated cylinders, insulated portable tanks, insulated cargo tanks, and insulated tank cars, designed and constructed so that the pressure in such packagings will not exceed 25.3 psig under ambient temperature conditions during transportation are not subject to the requirements of this subchapter when transported by motor vehicle or railcar except as specified in paragraphs (a)(1), (a)(2), and (a)(3) of this section.
(1) Sections 171.15 and 171.16 of this subchapter pertaining to the reporting of incidents, not including a release that is the result of venting through a pressure control valve, or the neck of the Dewar flask.
(2) Subparts A, B, C, D, G and H of part 172, (§§ 174.24 for rail and 177.817 for highway) and in addition, part 172 in its entirety for oxygen.
(3) Subparts A and B of part 173, and §§ 174.1 and 177.800, 177.804, and 177.823 of this subchapter.
(b) The requirements of this subchapter do not apply to atmospheric gases and helium:
(1) During loading and unloading operations (pressure rises may exceed 25.3 psig); or
(2) When used in operation of a process system; such as a refrigeration system (pressure may exceed 25.3 psig).
(c) For transportation aboard aircraft, see the ICAO Technical Instructions (IBR, see § 171.7 of this subchapter), Packing Instruction 202 and the packaging specifications in part 6, chapter 5.
[Amdt. 173-201, 52 FR 13043, Apr. 20, 1987, as amended at 62 FR 51561, Oct. 1, 1997; 66 FR 33436, June 21, 2001; 67 FR 61014, Sept. 27, 2002; 68 FR 48570, Aug. 14, 2003; 68 FR 75746, Dec. 31, 2003]
Ethylamine must be packaged as follows:
(a) In 1A1 drums which meet Packing Group I performance level requirements.
(b) In specification cylinders as prescribed for any compressed gas except acetylene.
[Amdt. 173-224, 55 FR 52667, Dec. 21, 1990]
Ethyl chloride must be packaged in any of the following single or combination non-bulk packagings which meet Packing Group I performance level requirements:
(a) In 4C1, 4C2, 4D or 4F wooden boxes with glass, earthenware, or metal inner receptacles not over 500 g (17.6 ounces) capacity each;
(b) In 4G fiberboard boxes with glass, earthenware, or metal inner receptacles not over 500 g (17.6 ounces) capacity each. Outer packagings may not exceed 30 kg (66 pounds) gross weight;
(c) In 1A1 drums of not over 100 L (26 gallons) capacity each; or
(d) In specification cylinders as prescribed for any compressed gas except acetylene. Cylinders made of aluminum alloy are not authorized.
(e) In capsules under the following conditions:
(1) The mass of gas must not exceed 150 g (5.30 ounces) per capsule;
(2) The capsule must be free of faults liable to impair its strength;
(3) The leakproofness integrity of the closure must be maintained by a secondary means (e.g., cap, crown, seal, binding, etc.) capable of preventing any leakage of the closure while in transportation; and
(4) The capsules must be placed in a strong outer packaging suitable for the contents and may not exceed a gross mass of 75 kg (165 pounds).
[Amdt. 173-224, 55 FR 52667, Dec. 21, 1990, as amended at 74 FR 2266, Jan. 14, 2009; 76 FR 3381, Jan. 19, 2011]
(a) For packaging ethylene oxide in non-bulk packagings, silver mercury or any of its alloys or copper may not be used in any part of a packaging, valve, or other packaging appurtenance if that part, during normal conditions of transportation, may come in contact with ethylene oxide liquid or vapor. Copper alloys may be used only where gas mixtures do not contain free acetylene at any concentration that will form copper acetylene. All packaging and gaskets must be constructed of materials which are compatible with ethylene oxide and do not lower the auto-ignition temperature of ethylene oxide.
(b) Ethylene oxide must be packaged in one of the following:
(1) In hermetically sealed glass or metal inner packagings suitably cushioned in an outer package authorized by § 173.201(b). The maximum quantity permitted in any glass inner packaging is 100 g (3.5 ounces), and the maximum quantity permitted in any metal inner packaging is 340 g (12 ounces). After filling, each inner packaging shall be determined to be leak-tight by placing the inner packaging in a hot water bath at a temperature, and for a period of time, sufficient to ensure that an internal pressure equal to the vapor pressure of ethylene oxide at 55 °C is achieved. The total quantity in any outer packaging shall not exceed 100 g (3.5 ounces), and the total quantity in any outer packaging containing only metal inner packagings shall not exceed 2.5 kg (5.5 pounds). Each completed package must be capable of passing all Packing Group I performance tests.
(2) In specification cylinders or UN pressure receptacles, as authorized for any compressed gas except acetylene. Pressurizing valves and insulation are required for cylinders over 4 L (1 gallon) capacity. Eductor tubes must be provided for cylinders over 19 L (5 gallons) capacity. Cylinders must be seamless or welded steel (not brazed) with a nominal capacity of no more than 115 L (30 gallons) and may not be liquid full below 82 °C (180 °F). Before each refilling, each cylinder must be tested for leakage at no less than 103.4 kPa (15 psig) pressure. In addition, each cylinder must be equipped with a fusible type relief device with yield temperature of 69 °C to 77 °C (157 °F to 170 °F). The capacity of the relief device and the effectiveness of the insulation must be such that the charged cylinder will not explode when tested by the method described in CGA Pamphlet C-14 or other equivalent method.
(3) In 1A1 steel drums of no more than 231 L (61 gallons) and meeting Packing Group I performance standards. The drum must be lagged of all welded construction with the inner shell having a minimum thickness of 1.7 mm (0.068 inches) and the outer shell having a minimum thickness of 2.4 mm (0.095 inches). Drums must be capable of withstanding a hydrostatic test pressure of 690 kPa (100 psig). Lagging must be of sufficient thickness so that the drum, when filled with ethylene oxide and equipped with the required pressure relief device, will not rupture when exposed to fire. The drum may not be liquid full below 85 °C (185 °F), and must be marked “THIS END UP” on the top head. Before each refilling, each drum must be tested for leakage at no less than 103 kPa (15 psig) pressure. Each drum must be equipped with a fusible type relief device with yield temperature of 69 °C to 77 °C (157 °F to 170 °F), and the capacity of the relief device must be such that the filled drum is capable of passing, without rupture, the test method described in CGA Pamphlet C-14 or other equivalent method.
(c) When § 172.101 of this subchapter specifies that a hazardous material be packaged under this section, only the following bulk packagings are authorized, subject to the requirements of subparts A and B of this part, the special provisions specified in column 7 of the § 172.101 table, and paragraphs (d) through (j) of this section:
(1) Tank cars. Class DOT 105 tank cars:
(i) Each tank car built before March 16, 2009 must have a tank test pressure of at least 20.7 Bar (300 psig); and
(ii) Except as provided in § 173.314(d), tank cars built on or after March 16, 2009 used for the transportation of ethylene oxide must meet the applicable authorized tank car specification listed in the table in § 173.314(c).
(2) Cargo tanks. Specification MC 330 and MC 331 cargo tank motor vehicles.
(3) Portable tanks. DOT 51 portable tanks.
(d) The pressure relief devices must be set to function at 517 kPa (75 psig). Portable tanks fitted with non-reclosing devices made and in use prior to December 31, 1987, may continue to be used in ethylene oxide service.
(e) In determining outage, consideration must be given to the lading temperature and solubility of inert gas padding in ethylene oxide as well as the partial pressure exerted by the gas padding.
(f) Each tank, loaded or empty, must be padded with dry nitrogen or other suitable inert gas of sufficient quantity to render the vapor space of the tank nonflammable up to 41 °C (105 °F). The gas used for padding must be free of impurities which may cause the ethylene oxide to polymerize, decompose or undergo other violent chemical reaction.
(g) Copper, silver, mercury, magnesium or their alloys may not be used in any part of the tank or appurtenances that are normally in contact with the lading.
(h) Neoprene, natural rubber and asbestos gaskets are prohibited. All packing and gaskets must be made of materials which do not react with or lower the autoignition temperature of the lading.
(i) Each tank must be insulated with cork (at least 10 cm (4 inches) thick), or mineral wool, fiberglass or other suitable insulation material of sufficient thickness so that the thermal conductance at 16 °C (60 °F) is not more than 0.075 Btu per hour per square foot per degree F. temperature differential. Portable tanks made and in use prior to December 31, 1987 equipped with fusible plugs instead of a pressure relief valve or rupture disc, must have sufficient insulation so that the tank as filled for shipment will not rupture in a fire. The insulation on portable tanks or cargo tank motor vehicles must be protected with a steel jacket at least 2.54 mm (0.100 inch) thick, or as required by the specification.
(j) Tank car tanks built after December 30, 1971 must be equipped with a thermometer well.
[Amdt. 173-224, 55 FR 52667, Dec. 21, 1990, as amended at 56 FR 66279, Dec. 20, 1991; Amdt. 173-236, 58 FR 50237, Sept. 24, 1993; Amdt. 173-234, 58 FR 51532, Oct. 1, 1993; Amdt. 173-145, 60 FR 49076, Sept. 21, 1995; 66 FR 45380, 45383, Aug. 28, 2001; 68 FR 75746, Dec. 31, 2003; 69 FR 76178, Dec. 20, 2004; 71 FR 33884, June 12, 2006; 74 FR 1801, Jan. 13, 2009]
Hexaethyl tetraphosphate, parathion, tetraethyl dithio pyrophosphate, tetraethyl pyrophosphate, or other Division 6.1 organic phosphates (including a compound or mixture), may be mixed with a non-flammable compressed gas. This mixture may not contain more than 20 percent by weight of organic phosphate and must be packaged in DOT 3A240, 3AA240, 3B240, 4B240, 4BA240, 4BW240 or UN cylinders meeting all of the following requirements:
(a) Each cylinder may be filled with not more than 5 kg (11.0 lb) of the mixture, to a maximum filling density of not more than 80 percent of the water capacity.
(b) No cylinder may be equipped with an eduction tube or a fusible plug.
(c) No cylinder may be equipped with any valve unless the valve is a type approved by the Associate Administrator.
(d) Cylinders must be overpacked in a box, crate, or other strong outer packaging conforming to the requirements of § 173.25 and arranged to protect each valve or other closing device from damage. Except as provided in paragraph (e) of this section, no more than four cylinders may be packed in a strong outer packaging. Each strong outer packaging with its closing device protection must be sufficiently strong to protect all parts of each cylinder from deformation or leakage if the completed package is dropped 1.8 m (6 feet) onto a non-yielding surface, such as concrete or steel, impacting at the packaging's weakest point.
(e) Cylinders may be packed in strong wooden boxes with valves or other closing devices protected from damage, with not more than twelve cylinders in one outside wooden box. An outer fiberboard box may be used when not more than four such cylinders are to be shipped in one packaging. Valves must be adequately protected. Box and valve protection must be of sufficient strength to protect all parts of inner packagings and valves from deformation or breakage resulting from a drop of at least 1.8 m (6 feet) onto a non-yielding surface, such as concrete or steel, impacting at the weakest point.
[67 FR 51651, Aug. 8, 2002, as amended at 71 FR 54395, Sept. 14, 2006; 75 FR 5395, Feb. 2, 2010; 80 FR 72928, Nov. 23, 2015]
(a) General requirements. A cylinder filled with a chemical under pressure must be offered for transportation in accordance with the requirements of this section and § 172.301 of this subchapter. In addition, a DOT specification cylinder must meet the requirements in §§ 173.301a, 173.302, 173.302a, and 173.305, as applicable. UN pressure receptacles must meet the requirements in §§ 173.301b, 173.302b, and 173.304b as applicable. Where more than one section applies to a cylinder, the most restrictive requirements must be followed. These materials are not subject to the cylinder valve cap requirements in § 173.301(a)(11) and (12).
(b) Filling limits. Cylinders must be filled so that at 50 °C (122 °F) the non-gaseous phase does not exceed 95% of their water capacity and they are not completely filled at 60 °C (140 °F). When filled, the internal pressure at 65 °C (149 °F) must not exceed the test pressure of the cylinder. The vapor pressures and volumetric expansion of all substances in the cylinders must be taken into account.
(c) Minimum service pressure. The minimum service pressure must be in accordance with the design specifications of part 178 of this subchapter for the propellant. In any case the minimum test pressure must not be less than 20 bar.
(d) Periodic inspection. The maximum requalification test period for cylinders transporting chemical under pressure n.o.s. is 5 years.
[78 FR 1092, Jan. 7, 2013, as amended at 82 FR 15891, Mar. 30, 2017; 83 FR 55810, Nov. 7, 2018]
(a) Nitrogen dioxide, liquefied, or dinitrogen tetroxide, liquefied, must be packaged in specification or UN cylinders as prescribed in § 173.192, except valves are not authorized. UN tubes and MEGCs are not authorized for use. Cylinders must be equipped with a stainless steel valve and valve seat that will not deteriorate in contact with nitrogen dioxide. Each valve opening must be closed by a solid metal plug with tapered thread properly luted to prevent leakage. Transportation in DOT 3AL cylinders is authorized only by highway and rail.
(b) Each UN pressure receptacle must be cleaned in accordance with the requirements of ISO 11621 (IBR, see § 171.7 of this subchapter). Each DOT specification cylinder must be cleaned according to the requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1 and 3.3.2 (IBR, see § 171.7 of this subchapter). Cleaning agents equivalent to those specified in RR-C-901D may be used; however, any cleaning agent must not be capable of reacting with oxygen. One cylinder selected at random from a group of 200 or fewer and cleaned at the same time must be tested for oil contamination in accordance with Specification RR-C-901D, paragraph 4.3.2 (IBR, see § 171.7 of this subchapter) and meet the standard of cleanliness specified therein.
(a) Nitric oxide must be packaged in cylinders conforming to the requirements of § 173.40 and as follows:
(1) DOT specification cylinder. In a DOT 3A1800, 3AA1800, 3E1800, or 3AL1800 cylinder. A DOT specification cylinder must be charged to a pressure of not more than 5,170 kPa (750 psi) at 21 °C (70 °F). Transportation of nitric oxide in a DOT 3AL is cylinder is authorized only by highway and rail.
(2) UN cylinder. In a UN cylinder with a minimum test pressure of 200 bar. The maximum working pressure of the cylinder must not exceed 50 bar. The pressure in the cylinder at 65 °C (149 °F) may not exceed the test pressure. The use of UN tubes and MEGCs is not authorized.
(3) Valves. Cylinders must be equipped with a stainless steel valve and valve seat that will not deteriorate in contact with nitric oxide. Cylinders or valves may not be equipped with pressure relief devices of any type.
(b) Each UN cylinder must be cleaned in accordance with the requirements of ISO 11621 (IBR, see § 171.7 of this subchapter). Each DOT specification cylinder must be cleaned in compliance with the requirements of GSA Federal Specification RR-C-901D, paragraphs 3.3.1 and 3.3.2 (IBR, see § 171.7 of this subchapter). Cleaning agents equivalent to those specified in Federal Specification RR-C-901D may be used; however, any cleaning agent must not be capable of reacting with oxygen. One cylinder selected at random from a group of 200 or fewer and cleaned at the same time must be tested for oil contamination in accordance with Federal Specification RR-C-901D paragraph 4.3.2 and meet the standard of cleanliness specified therein.
(a) Tungsten hexafluoride must be packaged in specification 3A, 3AA, 3BN, or 3E (§§ 178.36, 178.37, 178.39, 178.42 of this subchapter) cylinders. Cylinders must be equipped with a valve protection cap or be packed in a strong outer packaging meeting the provisions of § 173.40. Outlets of any valves must be capped or plugged. As an alternative, the cylinder opening may be closed by the use of a metal plug. Specification 3E cylinders must be shipped in an overpack that meets the provisions of § 173.40.
(b) In place of the volumetric expansion test, DOT 3BN cylinders used in exclusive service may be given a complete external visual inspection in conformance with part 180, subpart C, of this subchapter, at the time such periodic requalification becomes due. Cylinders that undergo a complete external visual inspection, in place of the volumetric expansion test, must be condemned if removed from tungsten hexafluoride service.
[74 FR 16143, Apr. 9, 2009, as amended at 75 FR 5395, Feb. 2, 2010]
(a) Packagings for tear gas devices must be approved prior to initial transportation by the Associate Administrator.
(b) Tear gas devices may not be assembled with, or packed in the same packaging with, mechanically- or manually-operated firing, igniting, bursting, or other functioning elements unless of a type and design which has been approved by the Associate Administrator.
(c) Tear gas grenades, tear gas candles, and similar devices must be packaged in one of the following packagings conforming to the requirements of part 178 of this subchapter at the Packing Group II performance level:
(1) In UN 4A, 4B, or 4N metal boxes or UN 4C1, 4C2, 4D, or 4F metal-strapped wooden boxes. Functioning elements not assembled in grenades or devices must be in a separate compartment of these boxes, or in inner or separate outer boxes, UN 4C1, 4C2, 4D, or 4F, and must be packed and cushioned so that they may not come in contact with each other or with the walls of the box during transportation. Not more than 50 tear gas devices and 50 functioning elements must be packed in one box, and the gross weight of the outer box may not exceed 35 kg (77 pounds).
(2) In UN 1A2, 1B2, 1N2 or 1H2 drums. Functioning elements must be packed in a separate inner packaging or compartment. Not more than 24 tear gas devices and 24 functioning elements must be packed in one outer drum, and the gross weight of the drum may not exceed 35 kg (77 pounds).
(3) In a UN 4G fiberboard box with inside tear gas devices meeting Specifications 2P or 2Q. Each inside packaging must be placed in fiberboard tubes fitted with metal ends or a fiber box with suitable padding. Not more than 30 inner packagings must be packed in one outer box, and the gross weight of the outer box may not exceed 16 kg (35 pounds).
(4) In other packagings of a type or design which has been approved by the Associate Administrator.
(d) Tear gas devices may be shipped completely assembled when offered by or consigned to the U.S. Department of Defense, provided the functioning elements are packed so that they cannot accidentally function. Outer packagings must be UN 4A, 4B, or 4N metal boxes or UN 4C1, 4C2, 4D, or 4F metal-strapped wooden boxes.
[Amdt. 173-224, 55 FR 52669, Dec. 21, 1990, as amended at 66 FR 45379, Aug. 28, 2001; 78 FR 1092, Jan. 7, 2013]
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Afghanistan's Flag
Flags of Afghanistan
Government of Afghanistan
Languages of Afghanistan
Afghanistan's Information
Afghan Persian or Dari (official) 50%, Pashto (official) 35%, Turkic languages (primarily Uzbek and Turkmen) 11%, 30 minor languages (primarily Balochi and Pashai) 4%, much bilingualism, but Dari functions as the lingua franca
Pashtun, Tajik, Hazara, Uzbek, other (includes smaller numbers of Baloch, Turkmen, Nuristani, Pamiri, Arab, Gujar, Brahui, Qizilbash, Aimaq, Pashai, and Kyrghyz)
Muslim 99.7% (Sunni 84.7 - 89.7%, Shia 10 - 15%), other 0.3% (2009 est.)
Presidential Islamic republic
19 August 1919 (from UK control over Afghan foreign affairs)
Populations tend to cluster in the foothills and periphery of the rugged Hindu Kush range; smaller groups are found in many of the country's interior valleys; in general, the east is more densely settled while the south is sparsely populated
Southern Asia, north and west of Pakistan, east of Iran
China 91 km, Iran 921 km, Pakistan 2,670 km, Tajikistan 1,357 km, Turkmenistan 804 km, Uzbekistan 144 km
$64,080,000,000.00 (USD)
$2,000.00 (USD)
Its major export partners are India, Pakistan, and Tajikistan.
Its main exports are opium, fruits and nuts, and handwoven carpets.
Its major import partners are Pakistan, India, and the United States.
Its major imports include machinery and other capital foods, and food.
Arid to semiarid; cold winters and hot summers
Mostly rugged mountains; plains in north and southwest
Where is Afghanistan?
Located in southern Asia, north and west of Pakistan and east of Iran, Afghanistan has a 5,987.00 km border with China (91 km), Iran (921 km), Pakistan (2,670 km), Tajikistan (1,357 km), Turkmenistan (804 km) and Uzbekistan (144 km).
Kabul is an old city dating back over 3,000 years. Timur Shah Durrani made it the capital during his 1772 to 1793 reign. This city’s eight neighborhoods lie highly elevated between River Kabul and the Hindu Kush mountains. Despite the years of wars and insecurity, Kabul is one of the fastest growing cities with over 3 million residents as of 2015 statistics. This city has seen the number of foreign tourists increase in the recent past, most of whom enjoy the historical buildings, ruins, and museums among other attractions. Unlike most parts of its surrounding, Kabul experiences a cold semi-arid climate with a comfortable temperature all year round apart from the winter months that receive high precipitation, including snow.
Read more on Afghanistan's Capital
Afghanistan is an Asian country covering 652,230.00 km2. This makes it the 40th largest country in the world and almost six times the size of Virginia; slightly smaller than Texas. Its geographic coordinates are 33 00 N, 65 00 E and Kabul is the capital city.
The name "Afghan" comes from the word originally used to describe the Pashtun people; "stan" is a term meaning "place of" or "country of".
Its ISO code is AF.
Afghanistan has a mean elevation of 1,884 m above sea level.
It experiences a climate that is arid to semiarid, with cold winters and hot summers. It has a mostly rugged and mountaineous terrain, with plants in the north and southwest.
Afghanistan has a population of 33,332,025 making it the 40th largest in the world. In general, the eastern region of the country is more densely population than the other regions, with the south being the most sparsely populated.
Dari and Pashto are both official languages. Major ethinc groups are Pashtuns, Tajiks, Hazarsa, and Uzbeks. The population is predominantly Muslim.
The Afghanistan constitution recognizes Pashto and Dari as the official languages. Both of these are Iranian sub-family languages of Persian origin. Dari alphabet has 26 letters while Pashto has 45. Dari makes up the most speakers, especially in urban areas while Pashto is second with slightly lower speakers than Dari. Almost 80% and 68% of the population speak Dari and Pashto respectively.
Read more on Afghanistan's Languages
The dialing code for the country is 93.
Afghanistan is an independent country. It gained independence from the United Kingdom in 1919. Its constitution was last ratified in 2004.
Since independence, Afghanistan has been either a democratic state or an Islamic state. Today, it is both. Currently, the elections are democratic in nature. The country has an executive president who is the head of state and commander-in-chief of the armed forces. The prime minister is the head of government. There are two vice presidents. Afghanistan has a bicameral system with the House of Elders being the upper house and the House of the People being the lower one. The president appoints the provincial governors and the judiciary. Currently, the president and member of the national assembly are all elected on a popular vote by registered voters who must be over eighteen years.
Read more on Afghanistan's Government
Factoring in Purchasing Power Parity, Afghanistan's GDP is $64,080,000,000.00 (USD) with $2,000.00 (USD) per capita. This makes it the 103rd largest economy and its citizens the 196th richest in the world. The currency of Afghanistan is the Afghani (AFN).
Its major export partners are India, Pakistan, and Tajikistan. Its main exports are opium, fruits and nuts, and handwoven carpets. Its major import partners are Pakistan, India, and the United States. Its major imports include machinery and other capital foods, and food.
The Afghan flag has vertical bands of black, red, and green with an emblem that reflects the Islamic nature of the country. The colors represent the country's dark past, the fight for independence when people lost their lives and the hope for a better and prosperous future. Afghanistan holds the record for changing its flags’ colors, emblems, and sizes the most number of times. These changes occurred under different rules from the early ages to the Taliban rule and finally to the modern state.
Read more on Afghanistan's Flag
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Greeley Center for Independence announces closure of warm water pool, drawing criticism
News | February 7, 2019
Sara Knuth
It wasn’t long after Paula Powell had a double knee replacement in November that she headed to the Hope Warm Water Pool at the Greeley Center for Independence to recover.
Now, she’s concerned she won’t be able to access a warm water pool in northern Colorado as easily.
The Greeley Center for Independence decided at the end of 2018 to close its warm water pool, drawing criticism from people who said the pool has helped them recover from surgeries and significant injuries.
In its place, the center, which serves people with disabilities, will build a fitness center complete with adaptive equipment and a smaller warm water pool that will be open to people who are seeking therapy.
The pool is scheduled to close in the spring, pending final plans for the new fitness facilities.
Other northern Colorado warm water pool
With the pending closure of the Hope Warm Water Pool at the Greeley Center for Independence, this is the warm water pool option that will remain:
UCHealth Medical Fitness in Windsor, 1870 Marina Drive, Suite 103
To see a schedule, click here. For more information, call (970) 674-6500.
Sarita Reddy, the executive director of the Greeley Center for Independence, said the decision came down to the costs of operating the pool. Last year, she said, the center lost $54,000 on the pool. When she started five years ago, it lost $106,000.
“When I came on board, one of the things we really tried hard to do was tighten things up, eliminate inefficiencies,” she said. “We raised prices by a little bit because they hadn’t been raised for so many years. We tried all kinds of ways to make the whole operation break even. That’s all we were looking for — a breakeven proposition.”
When the board learned last year that the center needed to spend upwards of $100,000 in renovations to keep the pool operational, they decided the best solution was to close the pool completely, Reddy said.
“The board was faced with decision of ‘Do we sink another $100,000 into the pool knowing that it’s not going to break even?’” she said. “I want to emphasize that they were not looking for us to make a profit with the pool, just break even.”
The center’s board of directors has been weighing options, including selling the building to another operator and raising prices, for years. But financially, the only option that made sense was to close the pool in favor of opening other services available to people with disability and those who are seeking rehabilitation therapy, she said.
For patients like Powell, the closure of the pool signals a big loss for northern Colorado. She said many patients are still trying to get board members to change their minds, though the decision is final.
She also said she’s concerned that the center did not do much to advertise the pending change to clients.
Craig Cleveland, who has gone through four hip surgeries and uses the pool regularly, said he wouldn’t mind a rate increase, and he thinks many other seniors who use the pool would be willing to pay extra for the service. He was also concerned that the change felt sudden, saying there wasn’t much communication about the change prior to the final decision.
Reddy said the center has communicated the change on its website, at the center and through a letter to pool patrons.
She also acknowledged the inconvenience for people who have used the pool — she said the board didn’t come to the decision easily. Since the board made the decision, she has been fielding calls from concerned patrons.
Still, she said, putting money toward the pool would have meant that that other programs at the center lost out on a chance for expansion.
“The need is huge, so the board would like us to expand the program and serve more people,” Reddy said. “However, as long as we’re putting money into the pool, we’re not able to take that money and fund an expansion of some of the things we can do for people with long-term disabilities.”
Reddy said customers who are concerned about the change can reach her at (970) 339-2444 to discuss the board’s decision.
— Sara Knuth covers government for The Tribune. You can reach her at (970) 392-4412, sknuth@greeleytribune.com or on Twitter @SaraKnuth.
Obituary for Jack E. Newton
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War hero and presidential candidate John McCain has died
Then-Republican presidential candidate Sen. John McCain, R-Ariz., stands with his wife, Cindy, speaks during a 2008 campaign rally in Bensalem, Pa. McCain’s family says the Arizona senator has chosen to discontinue medical treatment for brain cancer. (Associated Press file photo)
WASHINGTON — Sen. John McCain, who faced down his captors in a Vietnam prisoner of war camp with jut-jawed defiance and later turned his rebellious streak into a 35-year political career that took him to Congress and the Republican presidential nomination, died Saturday after battling brain cancer for more than a year. He was 81.
McCain, with his irascible grin and fighter-pilot moxie, was a fearless and outspoken voice on policy and politics to the end, unswerving in his defense of democratic values and unflinching in his criticism of his fellow Republican, President Donald Trump. He was elected to the Senate from Arizona six times but twice thwarted in seeking the presidency.
An upstart presidential bid in 2000 didn’t last long. Eight years later, he fought back from the brink of defeat to win the GOP nomination, only to be overpowered by Democrat Barack Obama. McCain chose a little-known Alaska governor as his running mate in that race, and turned Sarah Palin into a national political figure.
After losing to Obama in an electoral landslide, McCain returned to the Senate determined not to be defined by a failed presidential campaign in which his reputation as a maverick had faded. In the politics of the moment and in national political debate over the decades, McCain energetically advanced his ideas and punched back hard at critics — Trump not least among them.
The scion of a decorated military family, McCain embraced his role as chairman of the Armed Services Committee, pushing for aggressive U.S. military intervention overseas and eager to contribute to “defeating the forces of radical Islam that want to destroy America.”
Asked how he wanted to be remembered, McCain said simply: “That I made a major contribution to the defense of the nation.”
One dramatic vote he cast in the twilight of his career in 2017 will not soon be forgotten, either: As the decisive “no” on Senate GOP legislation to repeal the Affordable Care Act, McCain became the unlikely savior of Obama’s trademark legislative achievement.
By the time McCain cast his vote against the GOP health bill, six months into Trump’s presidency, the two men were openly at odds. Trump railed against McCain publicly over the vote, and McCain remarked he no longer listened to what Trump had to say because “there’s no point in it.”
By then, McCain had disclosed his brain cancer diagnosis and returned to Arizona to seek treatment. His vote to kill the GOP’s years-long Obamacare repeal drive — an issue McCain himself had campaigned on — came not long after the diagnosis, a surprising capstone to his legislative career.
In his final months, McCain did not go quietly, frequently jabbing at Trump and his policies from the remove of his Hidden Valley family retreat in Arizona. He opposed the president’s nominee for CIA director because of her past role in overseeing torture, scolded Trump for alienating U.S. allies at an international summit, labeled the administration’s zero-tolerance immigration policy “an affront to the decency of the American people” and denounced the Trump-Putin summit in Helsinki as a “tragic mistake” in which the president put on “one of the most disgraceful performances by an American president in memory.”
John Sidney McCain III was born in 1936 in the Panama Canal zone, where his father was stationed in the military.
He followed his father and grandfather, the Navy’s first father-and-son set of four-star admirals, to the Naval Academy, where he enrolled in what he described a “four-year course of insubordination and rebellion.” His family yawned at the performance. A predilection for what McCain described as “quick tempers, adventurous spirits, and love for the country’s uniform” was encoded in his family DNA.
In October 1967, McCain was on his 23rd bombing round over North Vietnam when he was shot out of the sky and taken prisoner.
Year upon year of solitary confinement, deprivation, beatings and other acts of torture left McCain so despairing that at one point he weakly attempted suicide. But he also later wrote that his captors spared him the worst of the abuse inflicted on POWs because his father was a famous admiral. “I knew that my father’s identity was directly related to my survival,” he wrote in one of his books.
When McCain’s Vietnamese captors offered him early release as a propaganda ploy, McCain refused to play along, insisting those captured first should be the first set free.
In his darkest hour in Vietnam, McCain’s will had been broken and he signed a confession that said, “I am a black criminal and I have performed deeds of an air pirate.”
Even then, though, McCain refused to make an audio recording of his confession and used stilted written language to signal he had signed it under duress. And, to the end of his captivity, he continued to exasperate his captors with his defiance.
McCain returned home from his years as a POW on crutches and never regained full mobility in his arms and leg.
He once said he’d “never known a prisoner of war who felt he could fully explain the experience to anyone who had not shared it.” Still he described the time as formative and “a bit of a turning point in me appreciating the value of serving a cause greater than your self-interest.”
But it did not tame his wild side, and his first marriage, to Carol Shepp, was a casualty of what he called “my greatest moral failing.” The marriage to Shepp, who had been in a crippling car accident while McCain was imprisoned, ended amiably. McCain admitted the breakup was caused by “my own selfishness and immaturity.”
One month after his divorce, McCain in 1981 married Cindy Hensley, the daughter of a wealthy beer distributor in Arizona.
In one day, McCain signed his Navy discharge papers and flew west with his new wife to a new life. By 1982, he’d been elected to the House and four years later to an open Senate seat. He and Cindy had four children, to add to three from his first marriage. Their youngest was adopted from Bangladesh.
McCain cultivated a conservative voting record and a reputation as a tightwad with taxpayer dollars. But just months into his Senate career, he made what he called “the worst mistake” of his life. He participated in two meetings with bank regulators on behalf of Charles Keating, a friend, campaign contributor and savings and loan financier later convicted of securities fraud.
As the industry collapsed, McCain was tagged as one of the Keating Five — senators who, to varying degrees, were accused of trying to get regulators to ease up on Keating. McCain was cited by the Senate Ethics Committee for “poor judgment.”
To have his honor questioned, he said, was in some ways worse than the torture he endured in Vietnam.
In the 1990s, McCain shouldered another wrenching issue, the long effort to account for American soldiers still missing from the war and to normalize relations with Vietnam.
“People don’t remember how ugly the POW-MIA issue was,” former Democratic Sen. Bob Kerrey, a fellow Vietnam veteran, later recalled in crediting McCain for standing up to significant opposition. “I heard people scream in his face, holding him responsible for the deaths of POWs.”
Over three decades in the Senate, McCain became a standard-bearer for reforming campaign donations. He denounced pork-barrel spending for legislators’ pet projects and cultivated a reputation as a deficit hawk and an independent voice. His experience as a POW made him a leading voice against the use of torture. He achieved his biggest legislative successes when making alliances with Democrats.
But faced with a tough GOP challenge for his Senate seat in 2010, McCain disowned chapters in his past and turned to the right on a number of hot-button issues, including gays in the military and climate change. And when the Supreme Court in 2010 overturned the campaign finance restrictions that he’d work so hard to enact, McCain seemed resigned.
“It is what it is,” he said.
After surviving that election, though, McCain took on conservatives in his party over the federal debt and Democrats over foreign policy. McCain never softened on his opposition to the U.S. use of torture, even in the recalibrations of the post-9/11 world. When the Senate in 2014 released a report on the CIA’s harsh interrogation techniques at secret overseas facilities after the 9/11 attacks, McCain said the issue wasn’t “about our enemies. It’s about us. It’s about who we were, who we are and who we aspire to be. It’s about how we represent ourselves to the world.”
During his final years in the Senate, McCain was perhaps the loudest advocate for U.S. military involvement overseas — in Iraq, Syria, Libya and more. That often made him a critic of first Obama and then Trump, and placed him further out of step with the growing isolationism within the GOP.
In October 2017, McCain unleashed some his most blistering criticism of Trump’s “America first” foreign policy approach — without mentioning the president by name — in describing a “half-baked, spurious nationalism cooked up by people who would rather find scapegoats than solve problems.”
Few politicians matched McCain’s success as an author. His 1999 release “Faith Of My Fathers” was a million seller that was highly praised and helped launch his run for president in 2000. His most recent bestseller and planned farewell, “The Restless Wave,” came out in May 2018.
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Kia named Company of the last 30 years at Auto Express New Car Awards 2018
Kia Motors (UK) Ltd. has been awarded ‘Company of the Last 30 Years’ at the annual Auto Express New Car Awards. This is a special accolade, part of a group of awards celebrating not only the best in the industry, but also Auto Express’ 30thanniversary.
Since arriving in the UK in 1991, with one model in the line-up, Kia has evolved to become one of the biggest-selling automotive brands in the UK, offering a line-up of 21 models available across its 192-strong dealer network, including John Grose in Lowestoft. With the recent launch of the ground-breaking all-new Stinger, the fastest-accelerating model in Kia’s history as well as an upcoming update to the UK and global best-seller, the Sportage, people’s perceptions of Kia have been changed.
Collecting the award, Paul Philpott, President and CEO of Kia Motors (UK) Ltd, said: “It is an honour to be presented with this award - it is a real testament to how far the brand has come since arriving in the UK. We are very proud of our product line-up and are looking forward to the brand’s continued growth and even more exciting things to come in the future.”
Karl Roger, Sales Manager at John Grose Kia said: “This is a really exciting award win for Kia and here at John Grose we are proud to be a part of a brand which is showing such amazing growth and progress. There’s something for everyone across the Kia range and we look forward to showing the award-winning models off to customers in Lowestoft.”
Steve Fowler, Editor-in-Chief at Auto Express, commented: “In less than 30 years, Kia’s product range has grown from the cheap and cheerful Pride supermini, sold through an importer, to encompass fabulous SUVs, and a sports saloon that has rattled the premium establishment. Owners love their Kias: two featured in the top ten models in this year’s Driver Power survey, and the Niro was rated best small SUV to own.”
Kia was also recognised in three additional categories, with Picanto being commended in the City Car of the Year category. Making it onto the shortlist nominations was the Sorento for Large SUV of the Year and the all-new Stinger, Kia’s first gran turismo, for Compact Executive Car of the Year.
John Grose stocks a wide range of new and used Kia cars including the new Sportage and Sorento.
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Macy Medford's CD Release Party a Huge Success
Houston’s Own Macy Medford Hosted Successful
CD Release Party and Red Carpet Event at Stereo Live
HOUSTON, TX (February 8, 2012) –JG Entertainment and Stereo Live hosted the CD release party and red carpet event for Macy Medford’s debut album, Crazy ‘Bout You, on Saturday, January 28th. Guests walked the red carpet and enjoyed a live performance of songs from her album. JG Entertainment’s president Jonathan George, stated “The night was a huge success! We had over 500 screaming fans and they waited for nearly 2 hours in line to take photos with Macy and to get her autograph.”
Macy was recently nominated for Pop Artist of the Year at the 21st Annual LA Music Awards held at the Avalon Theatre in Hollywood, CA. She caught the attention of Al Bowman, president of LAMA at the famed Whiskey a Go Go where star artists such as Jim Morrison & The Doors got their big break. President Al Bowman stated, “Her music is so fresh and new....and she is such a dynamic girl!” He went on to say, “We are so proud to have her as a nominee this year!”
Macy’s first single, “Just Me and You” hit international radio it’s first week of being released and also went straight to number one on the Tween Pop Radio charts. It was the first song to ever debut and hit number one the same week. She also released a music video to the hit song, which was shot at Marilyn Monroe’s house in Studio City, CA.
In the past week Macy performed at the Avalon in Hollywood, CA for the launching of www.LoveIsRespect.org with Ashley Greene of Twilight and Joe Biden. She also appeared on FOX’s special FOX Rocks with Ruben Dominguez.
Macy was born and raised in Katy, TX and is a 14 year old advanced honor freshman student at Seven Lakes High School. She spends a lot of time going back and forth from LA to record and work on her music career. Macy says, “I’m really excited for people to hear what I have been working on for the past 2 years.”
To listen to Macy Medford’s music:
Visit www.MacyMedford.com or look for her debut album, Crazy ‘Bout You, on iTunes.
Radio Disney Fan Club was there! Check out there video.
Tagged: Crazy 'Bout You, Houston Texas, Jamison Strain Band, Jonathan George Entertainment, Katy Magazine, Katy Rocks Inc, Katy Texas, Macy Medford, Seven Lakes High School, Stereo Live, break the cycle, loveisrespect.org
LoveIsRespect.org Launch Party - Avalon Hollywood
Rylie Brown Finalist for Find Your Voice
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Report: Iran general gives nuclear info
Ali-Reza Asghari, missing since Feb., tells CIA about new enrichment technology.
jp.services2. (photo credit: )
Ali-Reza Asghari, the Iranian general who went missing in Turkey nearly half a year ago, is currently being held in a secure US intelligence facility, it was reported on Sunday. During his interrogation, Asghari gave over information on the running of the Iranian government and on the country's nuclear program, Yediot Aharonot reported. Since Asghari's disappearance while on vacation in Istanbul in February, reports have circulated that the missing general had defected to a Western country, most likely the US. However, there has as yet been no confirmation of these reports. According to Sunday's report, CIA agents contacted Asghari, who met them in Istanbul. Asghari even managed to get some of his family out of Iran and bring them with him to the US. Asghari has since revealed new and relevant information about Iran's nuclear progress, saying that in addition to reactors and uranium enrichment facility centrifuges being built in the country, Iran has also developed the technology to enrich uranium with lasers. Laser enrichment is a relatively old technique, but Iran has evidently added chemical enhancements that make the technology more advanced, the report said. Asghari apparently acquired his knowledge during his time as a senior officer in the Iranian Revolutionary Guards, who were often responsible for guarding the country's nuclear facilities. He was also a member of the Iranian security council. If true, Asghari's information would lend credence to Western concerns regarding the increasing danger of Iran's nuclear program.
Iran and the bomb: The future of negotiations
Iranians push for Palestinian resistance at Jerusalem Day rally in Tehran
IAEA asks for 1 million euros to oversee Iran nuclear deal extension
US reviewing extension of Iran diplomacy after ‘tangible progress’
By MICHAEL WILNER
Deadline looming, US engages Iran in unprecedented direct talks
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Suicide car bomber kills 3 Iraqi policemen; wounds 20 people in Basra
A suicide car bomber killed three Iraqi policemen when he blew up his vehicle outside the police headquarters in the southern city of Basra, a police officer said. Twenty people - six policemen and 14 civilians - were also wounded in the blast, which occurred at 8 a.m. (03:00 GMT) in the central Al-Ashar district, according to police Brig. Gen. Mohammed Ali. Witnesses at the scene said the driver wore Arab traditional clothes and headdress.
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4 found dead in a submerged car at Kagoshima Pref port
Breaking News News
By [email protected] May 13, 2019 May 13, 2019
Three males and a female were confirmed dead Monday after their bodies were discovered in a submerged car at a port in Kagoshima Prefecture, southwestern Japan, police said.
Two of the victims, a man, and a woman are adults while the other two are believed to be minors, according to police. The police are working to confirm the victims’ identities, they said.
The car was found by a fisherman at around 5:35 a.m. at a port in the city of Akune, on Kagoshima’s southwestern coast, according to the local fisheries cooperative association.
The water at the site where the bodies were found is around 5 meters deep.
There are a number of fishing-related business operators and restaurants near the site.
Japan Atomic Energy Agency studying the use of AI for nuclear forensics
‘Pikachu’ tries to unmake ‘Avengers,’ but just misses
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Justin Erik Halldór Smith
Nunc enim sermo de toto est
Essays & Journalism
Main-Belt Asteroid
« A Five-Year Report | Main | Palaeontology and the Photographic Trace »
What I'm Working On for the Rest of 2018
Midsummer is a time of year I often find myself taking stock of what I'm doing, listing it out, attempting somehow to unify it by summarising it. So:
I'll be incorporating the final copy edits on my book, Irrationality: A History of the Dark Side of Reason (Princeton) in August, and then submitting the final proofs at the beginning of November, for a publication date of January, 2019.
Rodolfo Garau and I will be completing a full translation of Pierre Gassendi's 'Logic', Part Two of the Syntagma Philosophicum (1658) by the end of July. We will be circulating it to Gassendists, Latinists, and other interested parties at the beginning of August, with an eye to submission for publication at Oxford University Press by the end of the year.
Stephen Menn and I will be completing a full translation of Anton Wilhelm Amo's two treatises, On the Impassivity of the Human Mind (1734) and the so-called 'Meiner Dissertation' (1734), by late October, in time for the Halle Amo conference (see below), as well as a draft of our introduction tracing out his biography, his intellectual context, and his legacy. We hope to submit this work for publication in 2019.
I have a feature piece on Palaeolithic cave art appearing in the September issue of Art in America. I am working on final revisions right now. This follows some months of research and of visits to the (accessible) caves in the Dordogne region.
I have an essay on the history of the beaver --both the European and American species-- as a moral and political exemplum from Pliny the Elder to Walt Disney, appearing in Cabinet Magazine.
I am working, with Graham Burnett, Jeff Dolven, and Catherine Hansen, on an article outlining the theoretical dimensions and the historical development of what we are calling 'documentary parafiction', some of whose precedents include Borges's Ficciones, Nabokov's Pale Fire, Milorad Pavić's Dictionary of the Khazars, Han Shaogong's A Dictionary of Maqiao, Jean D'Ormesson's La gloire de l'empire, etc., etc.
Perhaps relatedly, our work also proceeds apace on In Search of the Third Bird, written under the collective name of ESTAR(SER) (Esthetical Society for Transcendental and Applied Realization (now incorporating the Society of Esthetic Realizers)).
I am writing a novel, Moses and Wilhelmina, and will have a complete draft by sometime next year.
On 2 October I will be giving two very different talks at Princeton University. The first will be for the doctoral students in the IHUM program, and is entitled, "Experiments in Artificial Human Intelligence." The second will be in the Philosophy Department, and it will be on Leibniz on species and teleology.
5 and 6 October I will be back in France, hosting a conference I've co-organised with Noga Arikha, taking place at Columbia University's Reid Hall in Paris, on "The Tripartite Soul in the History of Philosophy and Medicine." We've put together an eclectic mix of scientists, physicians, historians of philosophy, and littérateurs, including a number of people whose work I admire very much, not least Siri Hustvedt and Katie Tabb.
At the end of October I will be participating in a conference at the University of Halle on the philosophy of Anton Wilhelm Amo. This event is largely the result of the incredible organisational work of Dwight Lewis, a doctoral student at the University of South Florida and at Emory.
In November I will be back in Germany for a workshop at the Humboldt University of Berlin, bringing together the collaborators for the Oxford Philosophical Concepts volume on The World Soul, edited by James Wilberding. I'll be commenting on Alison Peterman's contribution.
From 15 to 19 November I'll be in Brazil, where I'm invited to give a talk at the 33rd São Paulo Biennial. I'll be speaking on perception and attention as natural phenomena.
I am aware that the world is in severe crisis, and some would say that this is no time to be dithering with such trifles as I have outlined. I disagree with this view, and insist that it is precisely the time to be dithering with such trifles.
That said, I am hoping to do what I can to work for the good of the United States and the world in the 2018 midterm elections. I no longer believe that voicing one's opinion in the media, and a fortiori in the social media, as I did so much from 2015 to early 2017, can even in principle do any good. In fact I think it can only help to feed the great algorithmic beast, which is about 80% responsible for how we got into this fucking mess in the first place, and which has as its natural and inescapable condition a perfect homeostatic stalemate. I would rather like to volunteer for some sort of task that can be completed from a distance, for the campaign of a Democratic candidate for the Senate or House whose victory is by no means certain. Beto O'Rourke in Texas, perhaps? I am open to suggestions, and to strategies. I should add, finally, that I am skeptical of the usefulness of doing what many Americans living abroad do, and helping to organise other voters outside the country. Over the years I've found many good reasons to think that absentee ballots in US elections cannot make a crucial difference. I want to volunteer within the United States, even if I am not physically there.
in Timely | Permalink
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Irrationality: A History of the Dark Side of Reason
(Princeton University Press, 2019)
Justin E. H. Smith
The Philosopher: A History in Six Types
The Leibniz-Stahl Controversy
(Yale University Press, 2016)
Translated, Edited, and with an Introduction by François Duchesneau and
Nature, Human Nature, and Human Difference:
Race in Early Modern Philosophy
The Life Sciences in Early Modern Philosophy
(Oxford University Press, 2014)
Edited by Ohad Nachtomy and Justin E. H. Smith
Philosophy and Its History:
Aims and Methods in the Study of Early Modern Philosophy
Edited by Mogens Laerke, Justin E. H. Smith
and Eric Schliesser
Divine Machines: Leibniz and the Sciences of Life
Machines of Nature and Corporeal Substances in Leibniz
(Springer, The New Synthese Historical Library)
Edited by Justin E. H. Smith and Ohad Nachtomy
The Rationalists: Between Tradition and Innovation (The New Synthese Historical Library)
Edited by Carlos Fraenkel, Dario Perinetti
and Justin E. H. Smith
The Problem of Animal Generation
in Early Modern Philosophy
(Cambridge Studies in Philosophy and Biology)
Edited by Justin E. H. Smith
In Castoria
Why I (Usually) Hate Writing for the Media
Notes on Saχa Poetics
Brief Reply to a Bad Review
The G.O.E.
Beginning at the Beginning: Leibniz and the Texts of Deep History
It's All Over: Some Replies to Critics
It's All Over
Notes on Neanderthal Aesthetics
Out on Their Ears
Cargo Cults
Early Modern Primitives
Etymology from Memory
Imaginary Tribes
Language and Animals
Melancholica
News in Review
Quaeries
Romance Philology
The Everyday
The Graveyard of Words that Went Beyond the Editor's Word Limit
The Mythical
The Sacred
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South Bend, IN McCourtney Hall
“It is always an honor to have the opportunity to build a research facility because you know something extraordianry could emanate from within”
-James J. White IV, President
As the world becomes more and more interconnected, scientific research requires more collaborative work than ever. In response, the University of Notre Dame drew up plans for a 220,000 square foot, cross-disciplinary research facility to be known as McCourtney Hall. JJ White was later awarded the interior and electrical package for the project.
The University of Notre Dame’s campus is open year-round and construction could not disrupt the everyday flow of the school. The new research hall also had to be completed in time for the start of the fall 2016 semester.
JJ White maintained an aggressive schedule in order to finish this three story project with a full basement. The adherence to the schedule allowed us to outfit all levels with metal stud framing, drywall, and acoustical ceilings while simultaneously performing the building’s full electrical work. This included LED lighting and occupancy sensors that dramatically reduce energy use. JJ White also performed Building Information Modeling services in order to reduce uncertainty, improve safety, work out problems, and simulate and analyze potential impacts.
McCourtney Hall was completed and received its final occupancy permit ahead of the Fall 2016 Academic Semester. The building also achieved LEED Gold certification in the spring of 2018. Multi-disciplinary students and faculty now have a dedicated, state-of-the-art facility designed to encourage interdisciplinary discovery. McCourtney Hall allows the the University of Notre Dame to continue forging ahead in the modern world of scientific research.
CLICK HERE for the University of Notre Dame’s feature on the incredible new research facility.
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Corporate Finance & Accounting Financial Statements
Gross Profit Definition
Reviewed by Adam Hayes
What Is Gross Profit?
Gross profit is the profit a company makes after deducting the costs associated with making and selling its products, or the costs associated with providing its services. Gross profit will appear on a company's income statement and can be calculated by subtracting the cost of goods sold (COGS) from revenue (sales). These figures can be found on a company's income statement.
Gross profit may also go by sales profit or gross income.
The Formula for Gross Profit Is
Gross profit=Revenue−Cost of goods sold\text{Gross profit} = \text{Revenue} - \text{Cost of goods sold}Gross profit=Revenue−Cost of goods sold
What Does Gross Profit Tell You?
Gross profit assesses a company's efficiency at using its labor and supplies in producing goods or services. The metric only considers variable costs – that is, costs that fluctuate with the level of output, such as:
direct labor, assuming it is hourly or otherwise dependent on output levels
commissions for sales staff
credit card fees on customer purchases
equipment, perhaps including usage-based depreciation
utilities for the production site
As generally defined, gross profit does not include fixed costs, or costs that must be paid regardless of the level of output. Fixed costs include rent, advertising, insurance, salaries for employees not directly involved in the production and office supplies.
However, it should be noted that a portion of the fixed cost is assigned to each unit of production under absorption costing, which is required for external reporting under the generally accepted accounting principles (GAAP). For example, if a factory produces 10,000 widgets in a given period, and the company pays $30,000 in rent for the building, a cost of $3 would be attributed to each widget under absorption costing.
Gross profit shouldn't be confused with operating profit, also known as earnings before interest and tax (EBIT), which is a company's profit before interest and taxes are factored in. Operating profit is calculated by subtracting operating expenses from gross profit.
Also called gross income, gross profit is calculated by subtracting the cost of goods sold from revenue.
Gross profit only includes variable costs and does not account for fixed costs.
Gross profit assesses a company's efficiency at using its labor and supplies in producing goods or services.
The Difference Between Gross Profit and Gross Profit Margin
Gross profit can be used to calculate the gross profit margin. Expressed as a percentage of revenue, this metric is useful for comparing a company's production efficiency over time. Simply comparing gross profits from year to year or quarter to quarter can be misleading, since gross profits can rise while gross margins fall, a worrying trend that could land a company in hot water.
The terminology here can cause some confusion: "gross margin" can be used to mean either gross profit and gross profit margin. Gross profit is expressed as a currency value, gross profit margin as a percentage. The formula for gross profit margin is as follows:
Gross margin=(Revenue−Cost of goods sold)Revenue\text{Gross margin} = \frac{\left(\text{Revenue} - \text{Cost of goods sold}\right)}{\text{Revenue}}Gross margin=Revenue(Revenue−Cost of goods sold)
Gross profit margins vary greatly by industry. Food and beverage stores and construction firms have razor-thin gross profit margins, for example, while the healthcare and banking industries enjoy much larger ones.
Example of How to Use Gross Profit
Here is an example of how to calculate gross profit and the gross profit margin, using Ford Motor Co.'s 2016 annual income statement:
Revenues (in USD millions)
Automotive 141,546
Financial services 10,253
Total revenues 151,800
Costs and expenses
Automotive cost of sales 126,584
Selling, administrative, and other expenses 12,196
Financial Services interest, operating, and other expenses 8,904
Total costs and expenses 147,684
To calculate the gross profit, we first add up the cost of goods sold, which sums up to $126,584. We do not include selling, administrative and other expenses since these are mostly fixed costs. We then subtract the cost of goods sold from revenues to obtain a gross profit of $151,800 - $126,584 = $25,216 million.
To obtain the gross profit margin, we divide the gross profit by total revenues for a margin of $25,216 / $151,800 = 16.61%. This compares favorably to an automotive industry average of around 14%, suggesting that Ford operates more efficiently than its peers.
Limitations of Using Gross Profit
Standardized income statements prepared by financial data services may give slightly different gross profits. These statements conveniently display gross profits as a separate line item, but they are only available for public companies.
Investors reviewing private companies' income should familiarize themselves with the cost and expense items on a non-standardized balance sheet that do and don't factor into gross profit calculations.
Learn More about Gross Profit
For more on gross profit, read more about profit metrics and gross, operating, and net profits.
Why Gross Profit Margin Matters
The gross profit margin is a metric used to assess a firm's financial health and is equal to revenue less cost of goods sold as a percent of total revenue.
Gross Margin Defined
The gross margin represents the amount of total sales revenue that the company retains after incurring the direct costs associated with producing the goods and services sold by the company.
Earnings Before Interest and Taxes – EBIT Definition
Earnings before interest and taxes is an indicator of a company's profitability and is calculated as revenue minus expenses, excluding taxes and interest.
How to Calculate Net Profit Margin Using Apple's Revenue and Profit
The net profit margin is the ratio of net profits to revenues for a company or business segment. Expressed as a percentage, the net profit margin shows how much of each dollar collected by a company as revenue translates into profit.
Common Size Income Statement
A common size income statement is an income statement in which each account is expressed as a percentage of the value of sales, to make analysis easier.
Gross Income Defined
Gross income represents the total income from all sources, including returns, discounts and allowances, before deducting any expenses or taxes.
Tools for Fundamental Analysis
How do gross profit and gross margin differ?
The Difference Between Revenue and Cost in Gross Margin
The Difference Between Gross Profit Margin and Net Profit Margin
How Do Gross Profit and EBITDA Differ?
Learn How Fixed Costs and Variable Costs Affect Gross Profit
What costs are not counted in gross profit margin?
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Home/Featured/Impressive lineup locked in for Ipswich Civic Centre
FeaturedShowtime
Impressive lineup locked in for Ipswich Civic Centre
Brenton Waters July 11, 2019
If you thought the first six months of the year were jam-packed at Ipswich Civic Centre, think again, because the lineup from July to December is even bigger
The impressive lineup of shows continues at Ipswich Civic Centre from July to December.
On the music front, highlights include Troy Cassar-Daley’s greatest hits tour, school performances of Matilda the musical and Grease, a tribute to Dolly Parton and The Killer Queen Experience.
If comedy is your thing, you will want to check out Waste Watchers the Musical, The Umbilical Brothers, My Brilliant Divorce by Geraldine Anon and Faulty Towers the Dining Experience.
The young ones will love Spot live on stage while sports buffs will go mad for The Longest Minute which tells the story of the 2015 NRL Grand Final. The Imperial Russian Ballet will be in town to present Swan Lake, and world-renowned medium Charmaine Wilson is sure to wow audiences when she stops by.
Check out the full program for all the details.
In the meantime, here’s a taste of what you can expect from some of the acts headed our way.
Check out the full program: click
Troy Cassar-Daley: Greatest Hits Tour (21 July)
Troy Cassar-Daley has come a long way from the 12-year-old boy from Grafton busking on Peel St at the Tamworth Country Music Festival. Throughout his 30 years of making music, he has been awarded numerous accolades including four ARIAs, 36 Golden Guitars, two APRA Country Song of the Year awards, nine Deadlys (Australian Indigenous Artist Awards), four CMAA Entertainer of the Year awards plus two NIMAs (National Indigenous Music Awards).
The 42 songs contained within Greatest Hits have been the soundtrack to the everyday triumphs, struggles and good times of Australians from the city to the outback.
The Songs of Dolly Parton (3 August)
From rags to riches, Dolly’s life story has remained humble and honest in her performance. After 60 years she continues to be America’s sweetheart of country music. This new and uplifting show celebrates the decades-long success of Dolly Parton, the most honoured female country performer of all time.
Starring Brooke McMullen, at just 23 she is a superstar in the making. After huge success as June Carter in the hit show Leaving Jackson, Brooke is thrilled to now pay tribute to one of the biggest names in music.
My Brilliant Divorce by Geraldine Anon (11 August)
My Brilliant Divorce sees star Mandi Lodge, award winning director Denny Lawrence (AFI and ACCTA Awards) and HIT Productions (25 years touring Australia) again combining their talents. This time to present a funny heartfelt story about Angela who is trying to ‘take charge’ after a divorce from her lying, cheating husband. A divorce that shocked her…but everybody else she knows, knew she was hurtling towards. A funny, contemporary story with heart.
The Umbilical Brothers Speedmouse (17 August)
It’s legendary and it’s live. After smashing countless countries and slaying endless audiences, the Umbies’ most beloved show is back.
Full of the stuff you love best, Speedmouse is a live action, fast paced, rewind, slow motion, frame-by-frame adventure where two men create the impossible out of a microphone and a unique physical ability that has no equal. Speedmouse has earned a bevy of five star reviews and numerous awards including best stage production and best international show, along with a multi-platinum DVD that is sold in every corner of the world.
The Killer Queen Experience (31 August)
After sold out shows across the world, The Killer Queen Experience are coming back to Ipswich Civic Centre.
Get ready to re-live the memories, and experience the greatest hits of the world’s most loved and iconic rock band. Starring the most recognised Freddy Mercury performer on the planet, John Blunt, who returns from the UK after starring in the Queen biopic Who Wants To Live Forever, making him the first and only person to portray Freddy Mercury on film.
Mamma Mia! (13 September – 22 September)
Ipswich Musical Theatre Company presents a brand new production of the world’s favourite feel-good musical Mamma Mia!
With the stage transformed into a Greek island paradise and featuring the incredible songs of ABBA including Dancing Queen, Voulez Vous, S.O.S, Take a Chance on Me, and The Winner Takes All, Mamma Mia! tells the hilarious story of a young woman’s search for her birth father.
Spot – live on stage (23 September)
Spot is one of the most loved dogs in the world, and he’s coming to Australia. Spot and his friends are off on a new adventure to visit Spot’s dad on the farm and meet the farm animals. But when they arrive, all the animals are lost.
Can Spot and his friends find them all? They might need a little help from their new friends in the audience. Eric Hill’s beloved puppy comes to life on stage with puppetry, songs, and puzzles for children aged 18 months to 7 and their adults.
Swan Lake by The Imperial Russian Ballet Company (11 October)
The Imperial Russian Ballet Company return to Australia with Swan Lake, the most loved classical ballet of them all. This masterpiece ballet is presented in two acts and follows the original storyline. Subtle revisions and variations have been introduced by Gediminas Taranda, Artistic Director of the Imperial Russian Ballet Company.
Swan Lake crosses the world of magic and mystical creatures with that of the real world. It is a story where the virtues of love and forgiveness in the end conquer evil and betrayal. The Imperial Russian Ballet Company was formed in 1994, headed by the Bolshoi Theatre soloist Gediminas Taranda. The Imperial Russian Ballet Company comprises 40 dancers from the major ballet schools of Russia.
The Longest Minute (22 October)
One football club, one family, and one unforgettable NRL grand final. Where were you the night of the 2015 NRL Grand Final? The night when long-time underdogs the North Queensland Cowboys won in an all-Queensland nail-biter that changed the game, and the state, forever.
The Longest Minute is the story of how this game, and the teams that played, affect the lives of one family. It tells the story of a girl who wants to make her dad proud and succeed in the male-dominated sport of rugby league.
Faulty Towers The Dining Experience (14 December)
Officially the world’s longest running and most successful tribute to the BBC’s famous sitcom, this Australian original has made its international mark as an ‘unforgettable night out’.
Basil, Manuel and Sybil are in town – and they’re bringing a healthy dose of mayhem to your door. Fully immersive, highly interactive and completely original, this is the top-flight show where anything can happen and usually does – and with 70 per cent of the show improvised, it’s never the same twice.
BE ENTERTAINED THREE TIMES A WEEK WITH IPSWICH FIRST
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The Eighth Amendment
Mon, Feb 19, 2018, 00:08
Sir, – As a host for the Abortion Support Network, along with other volunteers, I provide accommodation, transport and food for Irish women forced to travel to England for abortions.
Just after Christmas, a woman needed a last-minute place to stay. I picked her up from the station, tried to get her to eat some dinner, provided her with a warm room for the night, and then took her to the clinic in the morning.
This experience brought home to me the barbarity of outsourcing abortions to another country. If I were in her position, I would have made an appointment with a clinic at most a few miles from my home. My husband or best friend would have accompanied me. They would have assisted me in working out the route, and helped me find my way from the station. They would have sat with me, all day, in the clinic, cheering me up or just providing comfort. They could have spoken to doctors and nurses for me, allaying any fears and finding out any information I wanted. They would have come home with me afterwards. They would have been alert for any problems, and able to call for help in the unlikely event that I needed it. We would have talked, and I could have shared my thoughts with a person that I loved.
I felt so moved that this woman had to go through this experience on her own in a strange place.
Outsourcing the care of these women, relying on the help of English strangers, is a heart-breaking thing. Repeal the Eighth. – Yours, etc,
POLLY BARKLEM,
Sir, – Many of those, including many of our senior politicians, who are campaigning for the repeal of the Eighth Amendment to the Constitution, are endeavouring to frame the debate as a battle between church and state, between outmoded religious convictions and modernity.
On even a brief examination, this proposition does not stand up. Regarding the reality of abortion in the world today, it is science, not religious faith, that has revealed the inconvenient truths that so many who call themselves pro-choice choose either to deny (eg the “clump of cells” assertion that equates the human embryo to a cancer) or to ignore. What, then, are those inconvenient truths that science presents us with?
First, the science of genetics has put it beyond argument that from the moment of conception, as soon as the sperm cell and the ovum merge and their DNA unites, before a single cell division, the blueprint for a unique human individual, not the father, not the mother, has come into being.
Second, the science of embryology has elucidated the development of that single fertilised cell into a fully formed human person. It has identified when the heart begins to beat, when the brain begins to function, and when the unborn individual begins to react to stimuli and becomes sensitive to pain.
Third, medical science has pushed back the potential viability of the baby in utero in one case as far as 21 weeks and five days. What was born was certainly not “a clump of cells”: it was (and is today) a human person.
So let’s not pretend that opposition to abortion is somehow backward and unenlightened, outdated and irrelevant to modernity. On the contrary, it is soundly based on the solid (if inconvenient) science that those seeking repeal would like us to deny or ignore. Just who is being Luddite here? – Yours, etc,
PETER CARVILL,
Sandymount,
Dublin 4.
Sir, – Taoiseach Leo Varadkar and Fianna Fáil leader Micheál Martin both tell us that their thinking on abortion has “evolved” over recent times from a pro-life position to a position of advocating repeal of the Eighth Amendment and introducing legislation to facilitate unrestricted access to abortion in Ireland during the first 12 weeks of pregnancy.
As a biologist I understand evolution. One defining characteristic of evolution is that all changes happen slowly and gradually. This contrasts starkly with the “evolution” of Mr Varadkar’s and Mr Martin’s opinions on abortion from a pro-life position that affords protection to the unborn baby to the polar opposite position that affords no protection whatsoever to the unborn baby.
The concept of evolution is invoked by the Taoiseach and Mr Martin presumably to suggest that the change in their position on abortion is nuanced and moderate. But the truth is that they have suddenly and completely reversed their positions. They are entitled to have such a radical change of mind of course but not to pretend that it is not a complete volte-face. – Yours, etc,
WILLIAM REVILLE,
of Biochemistry,
Waterfall, Co Cork.
Foraging for seafood
Rental market lessons from abroad
Sláintecare – a solid foundation
Time to ban electric-shock collars for dogs
A Brexit conundrum
Language and politics in Northern Ireland
Consultants and badges
School enrolment restrictions
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A Day in Washington DC - Tour from New York
Adults (0+)
from US$ 169.0 US$ 152.10 per person
See the very best of Washington DC with this comprehensive tour
Photo stops at Capitol Hill, the White House and the Lincoln Memorial are included
Round trip transport is included by luxury motorcoach and the tour is led by an expert guide
Approx. 13 hours
Tour departs from Grayline Visitor’s Center 777 8th Avenue between 47th & 48th street
Please arrive at the meeting point 15 minutes before the start time.
Same as meeting point.
Overview Enjoy the best of Washington DC on this comprehensive sightseeing tour from New York City.
A great introductory sightseeing tour takes you to Arlington National Cemetery, Capitol Hill, the White House and the Air and Space Museum. You will also have a chance to pay your respects to America’s fallen heroes at the Vietnam and Korea Memorials.
You’ll also see the Washington Monument, the Lincoln Memorial, the Supreme Court and much, much more on this great day in Washington DC.
You will board a deluxe air conditioned motorcoach or van and depart New York, accompanied by a professional bilingual tour guide. Travel south passing through the states of New Jersey, Delaware and Maryland before arriving at Washington DC, the capital city of the United States of America.
Your Washington DC tour begins with a visit to the Arlington National Cemetery, the grave site of the Kennedy family.
Undertake a sightseeing tour around the city and visit the following attractions:
Capitol Hill: One of America’s most historic and famous neighbourhoods. The Capitol is located on top of a hill, now known as the Capitol Hill, on the east side of the National Mall.
Senate and White House.: The White House is possibly the most photographed building in the world and the greatest symbol of power. Every president but George Washington has lived in this Executive Mansion.
Air and Space Museum: The Smithsonian Institution's National Air and Space Museum maintains the largest collection of historic air and spacecraft in the world. The collection includes more than 30,000 aviation-related and more than 9,000 space-related artifacts.
Lincoln Memorial: An enduring symbol of American freedom, the Lincoln memorial is a monument honoring the 16th President of the United States, Abraham Lincoln. The pristine white building is modeled on a Greek temple. Inside is a large sculpture of Abraham Lincoln seated in a chair.
Vietnam Memorial: The Vietnam Veterans Memorial honors the men and women who served in the Vietnam War. Its main monument, known as 'The Wall' is the most visited memorial in Washington.
Washington Monument: This obelisk is dedicated to the founder of America, George Washington and is the centrepiece of the National Mall. It is the tallest free standing masonry structure in the world. The 178 foot Doric column has a museum on the ground floor where you can find information about Washington as well as construction of the monument.
Korean Memorial: In the form of a triangle intersecting a circle, this memorial honors those Americans who fought in the Korean wars.
Late afternoon embark on a panoramic city tour that takes you past all the major government buildings such as the Supreme Court, Congress Library, Foggy Bottom, Watergate Hotel and much more.
Head back towards New York, arriving early in the evening.
The tour ends at the starting point.
Transportation in an air-conditioned van or bus
Languages available English, Italian, Spanish, French and German (guide will speak maximum 2 languages)
Entrance to Arlington Cemetery
Please call the activity operator at least 24 hours prior to start of the tour for reconfirming departure details.
Seat rotation occurs at least once during the day
We regret that if any site featured in the description cannot be covered due to a reason beyond control we are unable to offer a refund for those services.
Smoking is not permitted on the coach.
a day in washington
D Patel, United Kingdom, 07/Sep/2016
Very interesting tour
This tour was almost perfect. It was a very Long drive but there was a lot to see of the Country. All was very good organised and the tour guides were fantastic. But I would suggest tha...
Davies Sandra, Germany, 29/Dec/2014
Wonderful Trip to Washington DC
We had a really wonderful trip to Washington DC from New York City. The trip was very well organised and was comfortable and accommodating. Our guide and the drivers were exceptional. T...
Daniella Doherty, Australia, 03/Jun/2013
Error in template component: Top attraction not found in PriorityWiseCategories
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The newsletter of the ISBA’s Standing Committee on Government Lawyers
January 2014, vol. 15, no. 2
Who can waive a FOIA exemption from disclosure—A mayor or police superintendent?
By Patrick T. Driscoll Jr.
Plaintiff, Michael Dumke, a Chicago journalist, submitted a FOIA request in August 2010 to the superintendent of the Chicago Police Department seeking all records from a 2009 pro bono assessment of police operations by A.T. Kearney and the Civil Consulting Alliance.
The FOIA request followed a press conference by then Mayor Richard M. Daley, who discussed reassignment of police officers from administrative duties to patrol duty in the attempt to fight street crimes. Mayor Daley discussed the study and identified the consultants.
After the objection from the Police Superintendent who claimed the request was “unduly burdensome,” plaintiff narrowed the request to the final report of the consultants. The Police Superintendent again denied the request under section 7(1)(f) of FOIA (5 ILCS 140/7(1)(f)). Section 7(1)(f) exempts from public disclosure preliminary drafts, notes and recommendations or policies or actions formulated by a public body except where the record is cited or identified by the head of the public body.
Plaintiff filed suit in the Circuit Court of Cook County to contest denial of his FOIA request. The Circuit Court granted the City’s motion for summary judgment and denied plaintiff’s cross motion for summary judgment. On appeal, the Appellate Court was required to determine whether the Mayor waived the exemption from disclosure under section 7(1)(f) by discussing the study in detail at his press conference.
The City abandoned the argument on appeal that only the Police Superintendent and not the Mayor could waive the exemption under FOIA. The Appellate Court found that issue to be worth addressing because the issue may arise in the future.
The Appellate Court determined that the “head of the public body” in City of Chicago government is the Mayor as Chief Executive of City government. The Police Superintendent is appointed by the Mayor. The Appellate Court also concluded that the Circuit Court erred in granting summary judgment when it found that only the Police Superintendent could waive a FOIA exemption when the FOIA request was made for a document involving police operations.
The Appellate Court focused its opinion on whether the consultant’s report was exempt under section 7(1)(f) where it was publicly cited and identified by the “head of the public body.” The Court found the report, once publicly cited and identified, was not exempt even if the report was never adopted by the public body.
The Appellate Court went into detail to determine what constitutes public citation and identification. There was no legislative history or authority to determine what amounts to public citation and identification. The Court quoted at length portions of the Mayor’s press conference and subsequent press release in finding that the public statements were sufficient to constitute a waiver of exemption under section 7(1)(f). The Court even noted that the video of the press conference was put on the Mayor’s You Tube site.
Lastly, the City argued even if the section 7(1)(f) exemption was waived the case should be remanded to the Circuit Court for an in camera inspection of what should be produced. The Appellate Court rejected the argument because the City argued against in camera inspection in the Circuit Court. Judicial estoppel bars taking a position on appeal that is contrary to a party’s position in the trial court. The Court reversed the trial court’s grant of summary judgment in favor of the City and, instead, granted summary judgment in favor of the plaintiff. Michael Dumke v. City of Chicago 2013 IL App (1st) 121668. ■
Back to the January 2014 Newsletter
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As an earthquake rattled the Los Angeles-area, the Dodgers and Padres just played through it
Updated: 7:03 AM CDT Jul 6, 2019
Nicole Chavez
The crowd at Dodger Stadium went wild at bottom of the fourth inning. It wasn't the game, the ground started shaking.San Diego Padres pitcher Eric Lauer threw several pitches to the Los Angeles Dodgers' Enríque Hernández while a 7.1-magnitude earthquake rocked Southern California on Friday night.The players just stayed focused, like it was nothing, even as broadcast cameras and the foul poles shook for a few seconds.The shaking was felt more than 250 miles away in Las Vegas, where an NBA Summer League game ended up being postponed.The New Orleans Pelicans and the New York Knicks were playing inside the Thomas & Mack Center in Las Vegas when scoreboards and speakers near the ceiling of the arena shook.
LOS ANGELES —
The crowd at Dodger Stadium went wild at bottom of the fourth inning. It wasn't the game, the ground started shaking.
San Diego Padres pitcher Eric Lauer threw several pitches to the Los Angeles Dodgers' Enríque Hernández while a 7.1-magnitude earthquake rocked Southern California on Friday night.
The players just stayed focused, like it was nothing, even as broadcast cameras and the foul poles shook for a few seconds.
7.1 magnitude #EarthquakeLA? Just roll with it. pic.twitter.com/biXRVo0CTs
— San Diego Padres (@Padres) July 6, 2019
The shaking was felt more than 250 miles away in Las Vegas, where an NBA Summer League game ended up being postponed.
The New Orleans Pelicans and the New York Knicks were playing inside the Thomas & Mack Center in Las Vegas when scoreboards and speakers near the ceiling of the arena shook.
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Our school values are Caring, Acceptance, Responsibility, Excellence and Support and teamwork (CARES).
Killara Primary School opened in 1993, in what was a rapidly expanding area of housing estates on the northwest fringe of Sunbury within the City of Hume.
The school has a period of rapid growth from 1993 to 2000 where the student population went from 103 to a peak of 641. The current population of the school is currently just above 500 students.
The school is situated on extensive grounds and the core building comprises of ten general-purpose classrooms, each with a shared teacher preparation area and a small group withdrawal room.
Specialist teaching areas are also present, including a Music Room, Art Room, Library and a large gymnasium. Curriculum is provided in Music, Art and Physical Education with a specialist teacher. Killara Primary has a full-size indoor basketball court as well as a theatre that incorporates a stage, tiered seating as well as lighting and a sound system. In addition to this, the school has a freestanding block of 6 general-purpose classrooms and 10 relocatable classrooms.
Our buildings are in excellent condition and all programs are well resourced.
Please click here for the Killara Primary School Disclaimer
© Copyright 2019 Killara Primary School
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Reports of child neglect on the rise
There has been an increase on child neglect reports to the NSPCC. PHIL WILKINSON / TSPL
Reports of child neglect to the NSPCC helpline in Scotland has reached record numbers.
According to the children’s charity, it refers an average of two reports of child neglect every day to Scottish police and social services.
In 2016/17 the NSPCC Helpline dealt with 905 reports in this way following calls or emails from concerned adults – up from 369 reports from five years ago.
There were a further 78 contacts where advice was provided about a child possibly facing neglect in Scotland during 2016/17.
UK-wide, the NSPCC Helpline made 16,882 referrals to children’s services or the police in 2016/17, the equivalent to 46 a day.
Child neglect was mentioned in more than a quarter of all UK calls to the NSPCC Helpline in the last year. This rise shows that more people are willing to speak up about the issue.
Neglect happens when a child’s needs aren’t met and is down to several reasons; they range from parents not having the skills, support or funds, to having mental health issues.
A growing number of people contacting the NSPCC Helpline also described parents as having a problem with alcohol and drugs, with some of them regularly leaving their children unsupervised so they could go drinking with friends.
These latest figures on neglect cases have been revealed in the NSPCC’s state of the nation report, How Safe are our Children? , and comes as more young people in Scotland are being taken into care, and more families are needing support.
The NSPCC is urging the Government to commission a nationwide study that measures the extent of child neglect and abuse in the UK.
Peter Wanless, chief executive of the NSPCC said: “Neglect can have severe and long-lasting consequences for children, and can also be an indicator of other forms of abuse.
“This is why it is so important for anyone suspecting a child of being neglected to contact the NSPCC Helpline, so we can alert the authorities to quickly step in and help those in need.”
Adults can contact the NSPCC Helpline 24 hours a day, 365 days a year on 0808 800 5000, or help@nspcc.org.uk
Folk music festival draws large crowds
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Paternal rights may be first step to child custody
Every year throughout the state of Utah and beyond family law disputes play out over the rights of biological fathers. And while every case is unique, those involving sperm donors can be particularly complex and emotional for everyone involved. Even though the dispute is a long way from being settled, one Hollywood actor may choose to seek child custody of his biological son now that an appeals court has granted him the right to pursue paternity rights to the boy.
One California State family law guideline specifies that the biological link between a man and a child does not automatically determine paternity rights in a case. The law was designed to combat the issue of sperm donors being pursued for child support payments, as well as safeguard women that conceive through alternative methods from being confronted by donors seeking paternity rights. And while the statute has played a significant role in several major court judgments through the years, a state appellate court judge has found that the mandate is not applicable in all instances.
While the appeals court judge did agree that a biological link alone is not enough to argue paternity, he found that sperm donors should have the opportunity to prove a familial bond with the child that they are seeking paternity rights to. After all, he claimed that the policy is not appropriate in cases where the man donates sperm in hopes of having a child with a partner outside of wedlock.
By deciding that paternity rights can be granted by establishing that there is a relationship between the biological father and child, the appeals court judge overturned the ruling of a Superior Court judge who decided that actor Jason Patric had no claim to a child conceived through in vitro fertilization using his sperm.
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Home Opinion Enough: Religious Groups Stand Against Islamophobia
Enough: Religious Groups Stand Against Islamophobia
A Message of Tolerance and Love Unite Abrahamic Faiths
(IP) – Over the last decade or so, the term ‘Islamophobia’ has spread across the Western world; polluting the minds of many.
The rate of anti Muslim groups in the US has tripled from 10 in 2010 to 30 in 2011 and there have been over 800 incidents of violence, vandalism and arson against people believed to be Muslim, Arab or South Asian since September 11, 2001.
Approximately 43 percent pf Muslim Americans [56 percent – under the age of 30] reported experiencing a form of physical, verbal or institutional Islamophobia (2010-2011), as reported by The Muslim News.
This year’s Blessed month of Ramadan saw one of the largest spikes in Islamophobic incidents in the US in a decade. Many of which were committed by those whom identify themselves as Christians. However, many Christians have spoken up against these unlike Christian acts – saying they are fed up with Islamophobia despite the growth of hate mongers. The New Republic reports that within the past month, four separate campaigns have started to push back against extreme Christian voices and to preach a message of tolerance and love.
According to The New Republican, Sojourners, a community founded organization led by evangelical author and speaker Jim Wallis—responded to subway ads calling Muslims “savages” by purchasing space to post its own posters in the same subway stations. The message is simple: “Love Your Muslim Neighbors.” After the mosque attacks in Joplin and Toledo, Sojourners bought billboards in both communities to broadcast the same message. “It’s only an extremist fringe that would ever attack another religion’s place of worship in this country,” explained Sojourners spokesman Tim King to the Christian Post. “But unless we offer up an alternative voice, it will be the message and acts of extremists that most across the country and the world hear.”
Despite the latter endeavors of mischief, Allah has shown that verily He is in control by bringing people of the Abrahamic faiths together.
The Council on American-Islamic Relations (CAIR) reports that a broad-based coalition of 127 organizations — led by the American-Arab Anti-Discrimination Committee (ADC), Council on American-Islamic Relations (CAIR), Jewish Voices for Peace – DC Metro (JVP), and the Washington Interfaith Alliance for Middle East Peace (WIAMEP) — sent a letter in early October to the Washington Area Metro Transit Authority (WMATA) expressing concern over advertisements now on display in DC-area metro stations sponsored by the American Freedom Defense Initiative, a designated hate-group led by Pamela Geller.
Pamela Geller is recognized as being at the core of a group promoting intolerance of Muslims and Arabs in America. The Southern Poverty Law Center, a group that monitors the hate movement in the United States, calls her “the anti-Islam movement’s most visible and flamboyant figurehead.”
Geller’s subway ads also prompted a response from an interfaith coalition called Shoulder-to-Shoulder. The group worked closely with the United Methodist Women to produce a letter signed by 168 Washington-area clergy and religious organizations calling on the Washington Metropolitan Area Transit Authority to donate any proceeds from Geller’s ads to charity. It also countered with its own Metro advertisement: “Hate speech is not civilized. Support peace in word and deed.”
Two other religious campaigns are focused on educating Americans—and particularly Christian communities—about Muslims and Islam. On October 11, the Interfaith Alliance led by Baptist minister Welton Gaddy, along with the Religious Freedom Education Project of the First Amendment Center, released a guide called “What is the Truth about American Muslims? Questions and Answers.” The online document addresses topics such as the role of mosques in Muslim life, whether U.S. courts can ever substitute religious law for civil law, and the meaning of Muslim words like “jihad” and “Taqiyya.”
In mid-October, the University of Wisconsin-Madison hosted a series of lectures, performances, and discussions called Understanding Islamophobia in America. Sponsored by the Muslim Students Association, in conjunction with the Lubar Institute for the Study of the Abrahamic Religions and the Muslim-Jewish Volunteer Initiative. The aim of ‘Understanding Islamophobia in America’ was to counter negative stereotypes of Islam and Muslims, and to celebrate the accomplishments and contributions of the Muslim community in the United States,” says Siddique Akram, president of the Muslim Students Association.
Efforts such as these that promote acts of interfaith and unity, that build bridges and close the gaps between the religions are often ignored by the media. The evil antics of Geller and Jones will make the front pages, while the efforts of Christians to push back against them will remain mostly exiled to the religion pages.
Main Image Credit:
Unity through Faith erodes Islamophobia and strengthens America.
Anti-Islam
author and speaker
Council on American-Islamic Relations
Interfaith dialog
Islam in the United States
Islamophobic incidents
The Muslim News
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Next articleCivil Rights
Voter Suppression and the Republican Party
The Truth About Muslim Women
The Paradox of Hate
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Work / Photography
Photographer Dana Lixenberg’s 22-year-long series in one of LA’s oldest housing projects
Words by Bryony Stone, Thursday 16 March 2017
Photographer Dana Lixenberg is the woman behind a whole stack of iconic images of your favourite rappers of yesteryear. A slightly worse-for-wear Puff Daddy laying cocooned on a bed in a fluffy towelling robe surrounded by archaic communication devices, Biggie Smalls counting 50 dollar bills in an acid-tripping jumper, a doe-eyed Tupac gazing soulfully into the camera lens: looking through Dana’s archive brings a needle and thread to all the uncredited images you’ve seen floating around the internet but never had a clue as to their origins.
Rappers aside, its the Dutch photographer’s long-term work with individuals and communities on the outside fringes of society that this year have gained Dana recognition in the form of the Deutsche Börse Photography Prize. The £30,000 prize, set up by The Photographer’s Gallery to acknowledge leading figures of contemporary photography, is one of the biggest photography awards of its kind, with Richard Mosse and Rineke Dijkstra among the former winners.
Dana’s series, Imperial Courts, 1993-2015, which as the title suggests was captured in Imperial Courts, a social housing project in LA: one of the city’s oldest. It all started when, in the aftermath of race riots in 1992, Dana was commissioned by Dutch publication Vrij Nederland to photograph the city’s reconstruction. From there, a 22-year long project grew to span a book, exhibition and web documentary, Imperial Courts which tells the story of a place which became the epicentre of rioting against racial discrimination by the project’s African American residents in 1965 and 1992.
By including contributions by Imperial Courts residents along with portraits and stories in the form of audio, videos and texts, the project is an intensely multi-layered insight into the constantly shifting history of a community from the inside out. Dana’s strikingly paired back black and white portraits of the residents of Imperial Courts exist as a stark counterpoint to the instant thrill of her celebrity portraits.
www.imperialcourtsproject.com
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Regulars / Bookshelf
Founder of design studio Spin, Tony Brook shares his bookshelf of first editions
Words by Rebecca Fulleylove, Thursday 20 April 2017
Designer and publisher Tony Brook founded multi-disciplinary design studio Spin in 1992. The studio primarily focuses on the creation of contemporary identity design and over the years has built up an impressive client list including BBC, Google, Ministry of Sound, Crafts Council and Samsung among others.
Spin published its first monograph Spin: 360º in 2015 and earlier this year released an experimental follow-up, called Spin: Adventures in Typography. The books were published through Unit Editions, an independent publishing venture set up by Tony and Adrian Shaughnessy, which produces books for designers, design students and visual culture enthusiasts. The imprint has also published books on Ben Bos, Wim Crowel, Lance Wyman and Herb Lubalin, and most recently major monographs on Studio Uebele and Paula Scher.
With such a passion for printed matter and an envious collection of books with original cover designs, we asked Tony to share his top five books he’s accumulated over the years. From an elegantly designed collection of Philip Larkin poems to a manifesto of graphic design, there’s some real treasures in Tony’s bookshelf.
John Osborne: The Entertainer
John Osborne: The Entertainer, first edition, published by Faber, 1958.
I like reading the texts of plays, so let’s get that out of the way up front. This particular play was a follow up to the Kitchen Sink drama, Look Back in Anger. The Entertainer sees the legendary Laurence Olivier playing the iconic role of Archie Rice. It’s a strangely touching and funny piece, still effective today.
I love the post-war austerity feel of the whole thing. Sadly the designer isn’t credited but the photographer is, some bloke called Tony Armstrong Jones, wonder what happened to him.
Philip Larkin: The Whitsun Weddings
Philip Larkin: The Whitsun Weddings, first edition, published by Faber, 1964.
“What are days for?” asks Larkin and so I am hooked. Still no credit for the designer but a beautiful, elegant thing it is. And a great collection of honest, true poems.
Günter Grass: Cat and Mouse
Günter Grass: Cat and Mouse, first UK edition, Secker and Warburg, 1963.
Part of the so-called “Danzig Trilogy” of The Tin Drum, Cat and Mouse and Dog Years, this series of books and their covers are a constant challenge and inspiration to me. I couldn’t call them light or easy but persevere with them, they are well worth the effort. Start with The Tin Drum and thank me later (when the nightmares have stopped). Covers designed by Günter Grass.
Dieter Rot: Books and Graphics (part 1)
Dieter Rot: Books and Graphics (part 1), first edition, published by Hansjorg Mayer, 1973.
As far as I can tell this book was published to support an exhibition at the Hayward Gallery and is part of the seminal series also published by Hansjorg Mayer on The Collected Works of Dieter Roth (he seems to spell his name two ways), this publisher to my mind created some of the most wonderful and covetable books in existence.
Edited by Stuart Bailey: In Alphabetical Order File under: Graphic Design, Schools or Werkplaats Typografie
Edited by Stuart Bailey: In Alphabetical Order File under: Graphic Design, Schools or Werkplaats Typografie, first UK Edition, published by NAi, 2002.
A fascinating publication that’s a book on graphic design, an experimental school and a manifesto. Thought provoking, challenging and demanding. Well worth a look and a read. Cover photograph by John Morgan.
www.spin.co.uk
www.uniteditions.com
Regulars / Bookshelf Radical education and political activism design history: Studio Hyte presents its Bookshelf
The South London-based studio shares influential titles from its bookshelf. From a Radical Education Workbook to a documentation of politically active design history; this studio’s bookshelf with a social conscience does not disappoint.
Regulars / Bookshelf The team at Letterform Archive reveal their favourite type-filled books
Letterform Archive is a museum and non-profit library based in San Fransisco, California. Founded by Rob Saunders, an avid gatherer of the letter arts for over 40 years, the archive was formed primarily as a place for him to share his private collection with the world. Now, after opening its doors in 2015, it boasts hands-on access to a curated selection of over 50,000 items relating to lettering, typography, calligraphy and graphic design. It’s a mammoth acquisition that spans thousands of years of history – quite impressive, some might say.
Ayla Angelos — 26 June 2019
Regulars / Bookshelf Mother Design's team pick out the books that keep them inspired
Mother Design is an agency that needs little introduction. But, in case you need a little catching up, Mother Design is a branding and design studio founded in 2006 and has since grown to include an office in New York. Its team is known for completing some of the most recognisable work in the world of design for clients including BBC, New York Fashion Week and Nike.
Ruby Boddington — 12 June 2019
Regulars / Bookshelf Seb Agresti picks the books that taught him more than art school ever did
“Books have been an important part of my life since I was young and I have been collecting art books in particular since I was a teenager,” says Dutch illustrator Seb Agresti. Based in Rotterdam, he’s a creative whose work we’ve admired for its succinct, distinctive style for years now. It’s a style which has caught the attention of clients including Google, Apple, The New Yorker, Penguin Random House and The New York Times, to name but a few.
Ruby Boddington — 29 May 2019
Regulars / Bookshelf Martina Paukova's Bookshelf features childrens' illustrations of Japan's most-wanted criminals and more
Today, our regular Bookshelf segment plays host to illustrator Martina Paukova. Featured on the site many a time, we’ve followed Martina’s career from her MA graduation in 2015, to her first solo show at the Book Club last June. Racking up clients including The Guardian, Converse and illustrating a great many number of editorials since we first wrote about her back in 2015, Martina’s satisfyingly ordered illustrations continue to go down a treat.
Jyni Ong — 15 May 2019
Regulars / Bookshelf Team Thursday's Bookshelf is full of souvenirs, zines and exhibition catalogues
Every other Wednesday we bring you a selection of books owned and curated by a different creative. Limited to just five – a near impossible task for many – we ask them to choose a line-up of titles which have been influential or important to their practice in some way. This week, the responsibility lies with Loes van Esch and Simone Trum, founders of design studio Team Thursday. Based in Rotterdam, the studio has spent a significant amount of time in Seoul and is well known for its bright, colourful, Risographed aesthetic.
Ruby Boddington — 24 April 2019
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Toronto CSA Map
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A Broken MMA Scene
Canada was once touted as the “Mecca of MMA,” but the GTA has become a bust when it comes to producing mixed martial arts fighters.
You could hear the sound from the hype train long before it pulled into the station. Before legalization occurred in August 2010, Canada was considered the “Mecca” of mixed martial arts (MMA), with Toronto touted as “one of the MMA cities in the world”—and for a few glorious years, it truly was.
Toronto hosted some of the most dynamic, exciting fight cards globally, like the April 30, 2011 record-breaking Toronto debut of the Ultimate Fighting Championship. The event, headlined by then UFC welterweight champion Georges St-Pierre, notched the largest live audience in North American MMA history with over 55,000 raucous fans packing the Rogers Centre.
Then there was the crop of local stars from the GTA—Mark Bocek, Claude Patrick and Sean Pierson to name but a few—who contended with the best in the sport. Almost everywhere you looked within the city, you could find gyms and fitness clubs that boasted MMA training.
Fighters spar in Xtreme Couture.
Slowly, however, the tide began to recede, leaving us with the current situation: a missing generation of fighters, a lack of qualified coaching, nonexistent local promotions and a fickle public that has turned its attention elsewhere.
So how did MMA end up almost completely fizzling out in Toronto?
Although MMA has been around since the first UFC was held in 1993, it wasn’t until 2005 when interest in MMA began to surge due to The Ultimate Fighter, a reality show that aired on Spike TV (now the Paramount Network). While there have always been dedicated martial artists throughout the GTA looking for ways to test their skills; this greater mainstream interest created opportunities.
The people who experienced this period have the authority to explain this watershed moment. To this end, I went in search of my old MMA coach, former welterweight contender Claude Patrick. Claude now operates his own gym, Elite Training Centre, in Mississauga.
LEFT: Once a local MMA star, Claude Patrick now coaches Toronto fighters. RIGHT: Claude Patrick coaching.
“I wanted to see what I could do,” said Claude of his motivation to compete in MMA as we sat outside his gym on a hot summer evening. “I’ve always been teaching martial arts and I didn’t want to be one of those guys selling something he’d never done.”
Claude racked up a 16-2 record, having his last professional fight in December 2011. Around that time, attendance for major UFC events in Toronto began to drop, something co-related to lower-quality headliners, as well as the thrill of witnessing a once-banned spectacle now being gone.
He was always wise to the reality that many of the gyms advertising MMA training were simply capitalizing on a trend.
“MMA was the biggest three letters in marketing for a good five-to-ten years. You throw ‘MMA’ on anything, and it was selling,” says Claude. “The proof’s in the pudding. Now you look at it—where are all these prospects for MMA? The proof is gone. Where’s the next generation of guys? It doesn’t exist.”
To be fair, there are Toronto-based fighters such as light-heavyweight Misha Cirkunov (13-4) and middleweight Elias Theodorou (15-2) currently in the UFC. But a closer examination of martial arts academies across the GTA demonstrates why the sport’s development has stalled.
"MMA was the biggest three letters in marketing for a good five-to-ten years. You throw ‘MMA’ on anything, and it was selling"
For starters, many MMA fighters originally emerged from the culture of Brazilian Jiu-Jitsu (BJJ), a form of submission wrestling. Jiu-jitsu gradually evolved into a sport that utilizes specialized techniques and tactics aimed at winning competitions rather than preparing athletes for MMA.
“Today’s jiu-jitsu is completely different than anything that is going to be useful for a fight,” says Claude, “Guys aren’t even trying to pretend to be doing anything fight-based at this point. That automatic connect where because you do jiu-jitsu, you can fight, is not there anymore.”
More rarely practiced are takedowns essential in getting an MMA fight to the ground. Emphasis on BJJ tactical wizardry like the berimbolo or various new guards have limited application when your opponent is punching you in the face. The financial incentives for top BJJ players outstrips the compensation afforded to most MMA fighters. This does not even factor in the fact that neither instructing nor competing in BJJ involves nearly the same risks of CTE or concussion that are par for the course in MMA.
So realistically, unless a jiu-jitsu player could bank on becoming the next Ronda Rousey, Conor McGregor or Jon Jones, they are most likely better off where they are.
Above: Etobicoke's Xtreme Couture is the city's largest MMA facility.
Above: Women spar in Xtreme Couture
A trip to Xtreme Couture Toronto, an Etobicoke gym that opened ten years ago, demonstrates just how shallow the current talent pool really is. This massive facility—billed as the largest in the city—is bustling with gym-goers, but most are novices doing boxing and kickboxing training for fitness. Although Tuesday evening’s “Pro MMA Sparring” session, led by Muay Thai fighter Matt Embree, looked promising with over a dozen men—and two women—sparring, just one of them is a professional MMA fighter, Xavier Nash.
As Matt supervises the rounds, Xavier works impressively against the limited opposition on the matted floor of the gym. He lands clean, effective shots and looks good doing it. But with a 3-3 pro record, he’s a long ways from any major promoter’s radar.
Above: Matt Embree (right)
The other instrumental factor necessary in the development of new fighters is knowledge. MMA involves three phases of combat: striking, wrestling and submission wrestling; prospective fighters need intensive instruction in all three of those areas. No matter how much desire or dedication any local fighters have, they need qualified MMA coaches to work with them in order to fill in the holes of their game.
“A good percentage of the people with knowledge are not in the area anymore,” says Claude Patrick. “And if they are, they’re not trying to build any new athletes because it’s a pretty taxing venture.”
Therein lies the rub: for the city’s MMA gyms that are still open, it makes more financial sense to prioritize classes and private lessons that cater to moneyed clients more interested in martial arts for fitness or as a hobby.
On the sidelines of Xtreme Couture’s mats, sweaty from a no-gi BJJ class sits a chubby-faced man. It’s none other than Michael Imperato, a 7-3 bantamweight. Michael was signed to the big-leagues of the UFC in 2014, in what must have seemed like a life-affirming moment of his career. It all came crashing down when racist and homophobic slurs he’d uttered on a reality show surfaced and led to him being cut from the organization just one day after he had been announced as competing on UFC Fight Night 55.
Above: Michael Imperato (center), flanked by the Simms brothers.
Four years later, he’s moved on professionally and no longer views MMA as something necessitating all of his dedication. He knows that his time as a fighter is close to ending, but he remains hopeful.
Says Michael, “[I’d like to get] two or three wins, and either the UFC calls me back or I just retire on a win streak.”
Michael believes that there is good talent in Toronto—but that the best guys simply don’t train together, either because they prefer the safety of their own cliques or find themselves too isolated by the GTA’s geography. This contrasts sharply with other cities like Las Vegas, where pro MMA fighters are highly concentrated within gyms in close proximity and have few qualms about training together.
Another factor in the decline of MMA in the GTA has been the reluctance by promoters to invest locally. When the ban was freshly lifted, promoters rushed to put on shows. But lacklustre financial returns caused in part by overregulation from the Ontario Athletic Commission has crippled the scene, with the number of MMA shows put on in the province dropping to a small handful.
Grant Brothers MMA gym co-owner Neil Forrester, took things into his own hands in promoting his own shows in order to keep local pros active. But Forrester quit after just two shows in 2013 and 2014 respectively.
Although quiet, the local MMA scene is not completely dead. A promotion known as BTC had its third show in Burlington in late June. The arena appeared packed, and the evening’s fighters were well-received.
Gabe Sagman hitting pads pre-fight.
But for myself, the night ended on a sour note when Gabe Sagman, a former teammate of mine from Toronto BJJ who was once coached by Claude Patrick, ended up being stopped in the second round. Being bruised and needing stitches seemed painful to Gabe all by itself. With the loss, and his record falling to 4-3, Gabe’s hopes of going to the UFC were significantly derailed.
In truth, combat sports is more analogous to the music business than it is to team sports like hockey where there is consistent support for the Toronto Maple Leafs—regardless of results. The MMA scene erupted like grunge music in the 90s, but whereas Green Day and the Foo Fighters are still active, the dangerous nature of the fight game means that pro careers are short, usually consisting of five to ten years of activity.
The men and women attracted to MMA are seduced by a dream of achieving excellence under bright lights. More often than not, they eventually wake up to the harsh reality where there is always someone younger, hungrier and more talented waiting for their own moment. Contenders are coming from unpleasant climates, such as UFC lightweight champion Khabib Nurmagomedov who hails from Dagestan. Can the GTA, a city chocked full of comfort and ease, produce equivalent talent as Russia and Eastern Bloc countries?
Looking at Claude Patrick, he’s somewhat lucky to have endured the trials of the fight game, notched his achievements and walked away relatively unscathed. This is owed to his own self-awareness in avoiding damaging wars within the cage and refusing to be manipulated outside of it. The same cannot be said for others who took their chances and emerged with little more than severe brain trauma, bad debts and limited job prospects when their pro careers ended.
Above: Claude Patrick
It is both a blessing and a curse that MMA has died down in the city. Other sports like soccer, baseball or hockey, although highly competitive, provide better financial and working conditions for their elite athletes.
“MMA is not an easy life. There’s no hiding behind anything when you step into a cage or a competition or anything because your fallacy will be exposed,” says Claude, “That’s why very few people will choose to go down this road.”
No matter. We will always be able to look back at those brilliant, exciting days from the past when it seemed like anything was possible in this city. Right now, however, we’re like Ray Liotta’s character at the end of Goodfellas: pining for an era that no longer exists, nor is likely to be repeated ever again.
Story and Photos by Brian J. D’Souza · Published August 1 2018
© Village
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DSLR Lenses »
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Adalah vs. the State of Israel
By Miri Shalem July 17, 2016 January 12th, 2019 Fighting Anti-Israel Activity
Written by Lilach Danzig. Edited by Adi Arbel
Since its inception in July 2005, the BDS movement has sought to promote boycotts, divestment and sanctions against the State of Israel with the objective of delegitimizing its existence as a Jewish state. A significant part of the BDS movement’s strategy is the transformation of Israel into an international pariah nation by means of its portrayal as an apartheid state deliberately and institutionally discriminating against its Arab citizens.
Perversely, one of the bodies contributing to this propaganda is actually an Israeli organization, ‘Adalah – the Legal Center for Arab Minority Rights in Israel’. Adalah is persistent in claiming that the State of Israel promotes a discriminatory policy against its Arab citizens.
This report surveys in detail the list of laws published on the Adalah website as discriminatory, and examines the validity of the organization’s claims regarding the existence of discrimination against Israeli Arab citizens. The report’s findings reveal that Adalah elects to adopt a strategy of distorting reality with deliberately biased presentations in order to defame Israel as guilty of enforcing dozens of discriminatory laws.
The findings of this report, presented in detail in the summary chapter, clearly demonstrate that for a variety of reasons, the claims promoted by Adalah are, in essence, fundamentally groundless:
1. The overwhelming majority of the laws featured in the list (53 out of 57) do not even relate to the citizens’ ethnic origins and those that do, are designed to prevent and avoid discrimination. For example, the Law and Administration Ordinance (1948) that defines the country’s official rest days, and the Law for Using the Hebrew Date, both explicitly exclude institutions and authorities that serve non-Jewish populations for whom the law provides for definitions and procedures appropriate for their specific needs.
2. In 21 cases, Adalah’s claims of discrimination stem from the organization’s extremist stance that rejects the nature of Israel as a nation state in general and as the nation state of of the Jewish people in particular. For example, the Yad BenZvi Law is defined as a discriminatory law because of the institution’s objective of promoting Zionist ideals.
3. 18 of the laws reflect customs in other Western democracies whose democratic character no one would disparage. For example, according to Adalah, the flag constitutes a discriminatory law. Needless to say, this unfounded reasoning would mean that any country, the flag of which bears a cross or crescent discriminates against its non-Christian or non-Muslim minorities. A more in-depth comparison between the laws frequently found that Israeli legislation is actually characterized by a higher degree of tolerance for its national minorities.
4. In at least 13 cases, a large disparity exists between the explicit content of the laws and the biased (and sometimes warped) interpretation accorded to them by Adalah. In some instances the claimed discrimination is difficult to identify. For example, the Golan Heights Law is considered discriminatory due to its objective of “according a legal basis for the implementation of Israeli law on the territory of the Golan Heights conquered by Israel”. It would seem that only Adalah is capable of explaining a law intended to grant equal rights to all residents of the Golan Heights as being discriminatory.
5. 8 laws are intended to protect the security of all Israeli citizens regardless of religion, race or gender. Included in these laws are a number of legislative amendments to the Criminal Procedure Law and the Prisons Ordinance aimed at assisting the security forces in preventing terror attacks. These laws adversely affect only those clearly suspected of engaging in terror activity without distinguishing between Jews and Arabs. In effect, this very claim is woefully discriminatory because it presumes that Arab citizens of Israel are generally hostile and prone to terror activities.
6. 7 of the laws do not even relate to Israel’s Arab citizens but rather to those noncitizen individuals towards whom the State is not obligated to act with equality. The absurdity in Adalah’s approach can be demonstrated by the example of the Trading with the Enemy Act (a law evolving from British Mandatory law) being included in the list of discriminatory laws because “the countries declared as such (Iran, Syria and Lebanon) are Arab and/or Muslim states”. Presumably the law could be remedied by adding other, non-Muslim and non-Arab enemy states.
7. In the case of some of the laws mentioned in the list, the supposed discrimination in question actually affected the Jewish majority and not the Arab minority. For example, Clause 7a of the Basic Law: the Knesset, the objective of which is to prevent the candidacy of political parties acting against the existence of the State of Israel as a Jewish and democratic state, has been implemented only against Jewish parties on grounds of anti-democratic objectives. Similarly, amendments to the Absorption of Discharged Soldiers Law are indicted by Adalah for discriminating in favor of Jewish citizens, but these citizens are the ones specifically obligated to serve three years of military service for sub-minimum compensation and living conditions, thus postponing their university education and professional advancement. It is the Arab citizen who enjoys the option of exemption from military service altogether or alternatively, of volunteering for national civil service which does not place them in harms way but which nevertheless affords them the same benefits awarded to discharged soldiers.
8. In a number of cases, Adalah misuses objective crime statistics to claim discrimination. According to this logic, if members of the Arab sector of the population are the main criminal violators of a certain law, then that particular law perforce is deemed racist. This could apply to laws against theft of property, against sex crimes or against driving through red lights. The constructive and proper solution, to disproportionate violations is not annulment of necessary laws, of course, but rather, educating and encouraging observance of the law among all sectors of the population-without distinction or favoritism.
Fundamentally, an in-depth examination of the so-called “discriminatory” laws listed by Adalah demonstrates that the laws promoting Israel as the nation state of the Jewish people do not discriminate against its Arab citizens or diminish their civil rights. Rather, they assist in promoting Israel as a more Jewish and a more democratic state striving for the welfare of all its citizens. Any reasonable and fair comparison of Israel’s laws with those of the overwhelming number of other democratic states constituting nation states of majority ethnic groups would conclude that Israel is a model for promoting the democratic rights of all of its citizens.
Absract and Summary
To the full report
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Two injured in overnight stabbing at fast food restaurant
by: Andra Litton
Posted: May 19, 2019 / 10:54 AM MDT / Updated: May 20, 2019 / 02:04 AM MDT
El Paso Police are investigating a stabbing that happened early Sunday morning at an Upper Valley fast food restaurant.
According to investigators, they were called to the area of the Burger King in the 7900 block of N. Mesa at Crossroads at 2:58 a.m. in reference to a stabbing.
Once they arrived, they located two victims who were both taken to area hospitals for treatment of serious injuries.
EPPD confirms one person is in custody in reference to the stabbing. The full extent of the victims injuries was not immediately available.
by KTSM Staff / Jul 16, 2019
EL PASO, Texas (KTSM) - A former El Paso priest will spend the next 18 in prison and 30 years of probation for sexually assaulting a young girl in the 1990s.
Miguel Luna was found guilty on Monday and was sentenced by the same jury on Tuesday.
by Aaron Bracamontes / Jul 16, 2019
EL PASO, Texas (KTSM) - An El Paso man's death is being treated as a homicide after he was found fatally injured on the side of a New Mexico road Sunday.
William Moore, 32, was discovered at about 10:51 a.m. on July 14 on State Road 91 near Santa Rosa. He was taken to Guadalupe County Hospital where he died from his injuries.
EPCSO: Teen suspect still on the run after Horizon assault
by Andra Litton / Jul 16, 2019
EL PASO, Texas (KTSM) -- El Paso County Sheriff's investigators are still on the lookout for a teen suspected in an aggravated assault involving three others back in May.
According to El Paso Sheriff's Office, their investigation began on May 11, when they responded to the 500 block of Emerald Dunes Plane in reference to an aggravated assault with a deadly weapon.
Crime / 19 hours ago
Three motorcyclists shot to death in Juarez
Juarez / 20 hours ago
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Analysis: She did it again: Kentucky clerk refuses marriage license to gay couple
Robbie Blankenship, left, stands next to his partner of 20 years, Jesse Cruz, as they try to get a marriage license from Rowan County Clerk Kim Davis. For a second day, Davis, an apostolic Christian, refused to issue marriage licenses to same-sex couples.
(Ty Wright / Getty Images)
By Michael Muskal
Kim Davis, the devout Christian who is fighting against issuing Kentucky marriage licenses to same-sex couples, is hardly the first to be caught in the battle between religious beliefs and civil laws. Modern social issues, including abortion rights and capital punishment, have hinged on the same fulcrum.
The issue is centuries old. The Bible notes that Jesus, attempting to avoid being trapped in a treasonous statement, tried to separate church and state and explained: “Render therefore unto Caesar the things which are Caesar’s; and unto God the things that are God’s.”
On Wednesday, Davis was again confronted with a request by a same-sex couple for a license to marry, and for the second day, she refused to grant the needed papers. The Rowan County clerk has maintained that her religious beliefs and God’s authority are superior to U.S. courts that have held there is a constitutional right for members of the same sex to marry.
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Davis and six of her deputies have been ordered to appear before a federal judge Thursday to explain why they should not be held in contempt for failing to issue the licenses.
After the Supreme Court in June ruled that same-sex marriage is a constitutional right, clerks in several Southern states refused to issue marriage licenses, citing a personal religious objection. In an attempt to avoid discrimination, the clerks, like Davis, refused to give a marriage license to any couple — homosexual or heterosexual.
Two cases are technically still pending in Texas, though the clerks’ offices have been issuing licenses, according to the American Civil Liberties Union, which has brought such litigation. There also are a handful of Alabama counties where clerks have refused to issue licenses, and those cases are pending in the lower courts there.
But the Kentucky case has drawn the most attention because it is the first to make it to the Supreme Court, said Carl Tobias, a law professor at the University of Richmond School of Law.
“None have gone so far along to the Supreme Court,” he said Wednesday of the Davis case. “None of the clerks have been so visible, and none have had such a high profile. It is has brought all the attention to this situation.”
After a life that included personal problems and several marriages, Davis said she became a devout Christian four years ago after the death of her mother-in-law.
“I went to church to fulfill her dying wish,” Davis said in a statement, released through her lawyers, Liberty Counsel, which defends Christians in cases where religion clashes with civil society. In church, “I heard a message of grace and forgiveness and surrendered my life to Jesus Christ. I am not perfect. No one is. But I am forgiven.”
Davis, in her court papers, argued that her religious beliefs mean that she cannot in good conscience sign or allow her name to be on a license that is given to same-sex couples. She cited the Constitution’s 1st Amendment and the state Religious Freedom Restoration Act, designed to protect religious expression. The state law is modeled on a federal law of the same name.
Those arguments didn’t sway the lower courts, nor the U.S. Supreme Court, Tobias said.
“The clash between the 1st and 14th amendments is the nub of the issue,” he said. “The courts have said that religious arguments have to give way to the due process requirements under the 14th amendment.”
The Supreme Court rejected Davis’ claims, and though there were no opinions or dissents, the top court seemed clear, Tobias said. “It probably felt that it had already dealt with the merits of the issue of same-sex marriage, and now clerks have to do their duty under the constitution.”
According to Douglas Laycock, a law professor at the University of Virginia who specializes in religious freedom cases, the Kentucky case seems clear given federal laws on when a person can claim a religious exemption.
“Her office cannot claim a religious exemption,” Laycock said. “The county has no religion so it is not allowed to claim an exemption. She doesn’t have to do it personally, but someone in her office has to issue the license.”
In an email, Mathew Staver, chairman and founder of Liberty Counsel, defended Davis, whom he said “is merely requesting her right of conscience be accommodated. There are a number of alternative ways to do this, including removing her name and title from the marriage license.”
Staver also argued that there are other places to get a marriage license nearby so “Kim Davis’ request for accommodation is reasonable and an easy fix.”
What comes next will depend on the contempt hearing Thursday and whether a penalty — a fine or imprisonment — is imposed. Davis is an elected official and has refused to resign despite calls from activists who have sought a state impeachment proceeding.
Meanwhile, Davis tried to spend Wednesday morning out of the limelight in her private office. She did emerge to deny a marriage license sought by Robbie Blankenship and Jesse Cruz, a couple from Ohio. Their confrontation was caught on video broadcast by local and national outlets.
“What authority do you have under the United States Supreme Court?” Blankenship called out as Davis leaves after rejecting the license request. “None,” he said.
“You are a disgrace,” he continued. “You are a disgrace.”
Davis continued to walk away.
Follow @latimesmuskal for national news.
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LOCKE v. DAVEY
GARY LOCKE, GOVERNOR OF WASHINGTON, et al.,
PETITIONERS v. JOSHUA DAVEY
on writ of certiorari to the united states court of appeals for the ninth circuit
[February 25, 2004]
Chief Justice Rehnquist delivered the opinion of the Court.
The State of Washington established the Promise Scholarship Program to assist academically gifted students with postsecondary education expenses. In accordance with the State Constitution, students may not use the scholarship at an institution where they are pursuing a degree in devotional theology. We hold that such an exclusion from an otherwise inclusive aid program does not violate the Free Exercise Clause of the First Amendment.
The Washington State Legislature found that [s]tudents who work hard … and successfully complete high school with high academic marks may not have the financial ability to attend college because they cannot obtain financial aid or the financial aid is insufficient. Wash. Rev. Code §28B.119.005 (Supp. 2004). In 1999, to assist these high-achieving students, the legislature created the Promise Scholarship Program, which provides a scholarship, renewable for one year, to eligible students for postsecondary education expenses. Students may spend their funds on any education-related expense, including room and board. The scholarships are funded through the States general fund, and their amount varies each year depending on the annual appropriation, which is evenly prorated among the eligible students. Wash. Admin. Code §25080050(2) (2003). The scholarship was worth $1,125 for academic year 19992000 and $1,542 for 20002001.
To be eligible for the scholarship, a student must meet academic, income, and enrollment requirements. A student must graduate from a Washington public or private high school and either graduate in the top 15% of his graduating class, or attain on the first attempt a cumulative score of 1,200 or better on the Scholastic Assessment Test I or a score of 27 or better on the American College Test. §§25080020(12)(a)(d). The students family income must be less than 135% of the States median. §25080020(12)(e). Finally, the student must enroll at least half time in an eligible postsecondary institution in the state of Washington, and may not pursue a degree in theology at that institution while receiving the scholarship. §§25080020(12)(f)(g); see also Wash. Rev. Code §28B.10.814 (1997) (No aid shall be awarded to any student who is pursuing a degree in theology). Private institutions, including those religiously affiliated, qualify as eligible postsecondary institution[s] if they are accredited by a nationally recognized accrediting body. See Wash. Admin. Code §25080020(13). A degree in theology is not defined in the statute, but, as both parties concede, the statute simply codifies the States constitutional prohibition on providing funds to students to pursue degrees that are devotional in nature or designed to induce religious faith. Brief for Petitioners 6; Brief for Respondent 8; see also Wash. Const., Art. I, §11.
A student who applies for the scholarship and meets the academic and income requirements is notified that he is eligible for the scholarship if he meets the enrollment requirements. E.g. , App. 95. Once the student enrolls at an eligible institution, the institution must certify that the student is enrolled at least half time and that the student is not pursuing a degree in devotional theology. The institution, rather than the State, determines whether the students major is devotional. Id ., at 126, 131. If the student meets the enrollment requirements, the scholarship funds are sent to the institution for distribution to the student to pay for tuition or other educational expenses. See Wash. Admin. Code §25080060.
Respondent, Joshua Davey, was awarded a Promise Scholarship, and chose to attend Northwest College. Northwest is a private, Christian college affiliated with the Assemblies of God denomination, and is an eligible institution under the Promise Scholarship Program. Davey had planned for many years to attend a Bible college and to prepare [himself] through that college training for a lifetime of ministry, specifically as a church pastor. App. 40. To that end, when he enrolled in Northwest College, he decided to pursue a double major in pastoral ministries and business management/administration. Id. , at 43. There is no dispute that the pastoral ministries degree is devotional and therefore excluded under the Promise Scholarship Program.
At the beginning of the 19992000 academic year, Davey met with Northwests director of financial aid. He learned for the first time at this meeting that he could not use his scholarship to pursue a devotional theology degree. He was informed that to receive the funds appropriated for his use, he must certify in writing that he was not pursuing such a degree at Northwest. 1 He refused to sign the form and did not receive any scholarship funds.
Davey then brought an action under 42 U. S. C. §1983 against various state officials (hereinafter State) in the District Court for the Western District of Washington to enjoin the State from refusing to award the scholarship solely because a student is pursuing a devotional theology degree, and for damages. He argued the denial of his scholarship based on his decision to pursue a theology degree violated, inter alia , the Free Exercise, Establishment, and Free Speech Clauses of the First Amendment, as incorporated by the Fourteenth Amendment, and the Equal Protection Clause of the Fourteenth Amendment. After the District Court denied Daveys request for a preliminary injunction, the parties filed cross-motions for summary judgment. The District Court rejected Daveys constitutional claims and granted summary judgment in favor of the State.
A divided panel of the United States Court of Appeals for the Ninth Circuit reversed. 299 F. 3d 748 (2002). The court concluded that the State had singled out religion for unfavorable treatment and thus under our decision in Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520 (1993) , the States exclusion of theology majors must be narrowly tailored to achieve a compelling state interest. 299 F. 3d, at 757758. Finding that the States own antiestablishment concerns were not compelling, the court declared Washingtons Promise Scholarship Program unconstitutional. Id. , at 760. We granted certiorari, 538 U. S. 1031 (2003) , and now reverse.
The Religion Clauses of the First Amendment provide: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. These two Clauses, the Establishment Clause and the Free Exercise Clause, are frequently in tension. See Norwood v. Harrison, 413 U. S. 455, 469 (1973) (citing Tilton v. Richardson, 403 U. S. 672, 677 (1971) ). Yet we have long said that there is room for play in the joints between them. Walz v. Tax Commn of City of New York, 397 U. S. 664, 669 (1970) . In other words, there are some state actions permitted by the Establishment Clause but not required by the Free Exercise Clause.
This case involves that play in the joints described above. Under our Establishment Clause precedent, the link between government funds and religious training is broken by the independent and private choice of recipients. See Zelman v. Simmons-Harris, 536 U. S. 639, 652 (2002) ; Zobrest v. Catalina Foothills School Dist., 509 U. S. 1, 1314 (1993) ; Witters v. Washington Dept. of Servs. for Blind, 474 U. S. 481, 487 (1986) ; Mueller v. Allen, 463 U. S. 388, 399400 (1983) . As such, there is no doubt that the State could, consistent with the Federal Constitution, permit Promise Scholars to pursue a degree in devotional theology, see Witters , supra , at 489, and the State does not contend otherwise. The question before us, however, is whether Washington, pursuant to its own constitution, 2 which has been authoritatively interpreted as prohibiting even indirectly funding religious instruction that will prepare students for the ministry, see Witters v. State Commn for the Blind , 112 Wash. 2d 363, 369370, 771 P. 2d 1119, 1122 (1989); cf. Witters v. State Commn for the Blind , 102 Wash. 2d 624, 629, 689 P. 2d 53, 56 (1984) (It is not the role of the State to pay for the religious education of future ministers), revd, 474 U. S. 481, supra , can deny them such funding without violating the Free Exercise Clause.
Davey urges us to answer that question in the negative. He contends that under the rule we enunciated in Church of Lukumi Babalu Aye, Inc. v. Hialeah, supra, the program is presumptively unconstitutional because it is not facially neutral with respect to religion. 3 We reject his claim of presumptive unconstitutionality, however; to do otherwise would extend the Lukumi line of cases well beyond not only their facts but their reasoning. In Lukumi , the city of Hialeah made it a crime to engage in certain kinds of animal slaughter. We found that the law sought to suppress ritualistic animal sacrifices of the Santeria religion. 508 U. S., at 535. In the present case, the States disfavor of religion (if it can be called that) is of a far milder kind. It imposes neither criminal nor civil sanctions on any type of religious service or rite. It does not deny to ministers the right to participate in the political affairs of the community. See McDaniel v. Paty , 435 U. S. 618 (1978) . And it does not require students to choose between their religious beliefs and receiving a government benefit. 4 See ibid.; Hobbie v. Unemployment Appeals Commn of Fla., 480 U. S. 136 (1987) ; Thomas v. Review Bd. of Indiana Employment Security Div., 450 U. S. 707 (1981) ; Sherbert v. Verner , 374 U. S. 398 (1963) . The State has merely chosen not to fund a distinct category of instruction.
Justice Scalia argues, however, that generally available benefits are part of the baseline against which burdens on religion are measured. Post , at 2 (dissenting opinion). Because the Promise Scholarship Program funds training for all secular professions, Justice Scalia contends the State must also fund training for religious professions. See ibid . But training for religious professions and training for secular professions are not fungible. Training someone to lead a congregation is an essentially religious endeavor. Indeed, majoring in devotional theology is akin to a religious calling as well as an academic pursuit. See Calvary Bible Presbyterian Church v. Board of Regents , 72 Wash. 2d 912, 919, 436 P. 2d 189, 193 (1967) (holding public funds may not be expended for that category of instruction that resembles worship and manifests a devotion to religion and religious principles in thought, feeling, belief, and conduct); App. 40 (Davey stating his religious beliefs [were] the only reason for [him] to seek a college degree). And the subject of religion is one in which both the United States and state constitutions embody distinct viewsin favor of free exercise, but opposed to establishmentthat find no counterpart with respect to other callings or professions. That a State would deal differently with religious education for the ministry than with education for other callings is a product of these views, not evidence of hostility toward religion.
Even though the differently worded Washington Constitution draws a more stringent line than that drawn by the United States Constitution, the interest it seeks to further is scarcely novel. In fact, we can think of few areas in which a States antiestablishment interests come more into play. 5 Since the founding of our country, there have been popular uprisings against procuring taxpayer funds to support church leaders, which was one of the hallmarks of an established religion. 6 See R. Butts, The American Tradition in Religion and Education 1517, 1920, 2637 (1950); F. Lambert, The Founding Fathers and the Place of Religion in America 188 (2003) (In defending their religious liberty against overreaching clergy, Americans in all regions found that Radical Whig ideas best framed their argument that state-supported clergy undermined liberty of conscience and should be opposed); see also J. Madison, Memorial and Remonstrance Against Religious Assessments, reprinted in Everson v. Board of Ed. of Ewing, 330 U. S. 1, 65, 68 (1947) (appendix to dissent of Rutledge, J.) (noting the dangers to civil liberties from supporting clergy with public funds).
Most States that sought to avoid an establishment of religion around the time of the founding placed in their constitutions formal prohibitions against using tax funds to support the ministry. E.g. , Ga. Const., Art. IV, §5 (1789), reprinted in 2 Federal and State Constitutions, Colonial Charters and Other Organic Laws 789 (F. Thorpe ed. 1909) (reprinted 1993) (All persons shall have the free exercise of religion, without being obliged to contribute to the support of any religious profession but their own); Pa. Const., Art. II (1776) in 5 id., at 3082 ([N]o man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent); N. J. Const., Art. XVIII (1776), in id., at 2597 (similar); Del. Const., Art. I, §1 (1792), in 1 id., at 568 (similar); Ky. Const., Art. XII, §3 (1792), in 3 id., at 1274 (similar); Vt. Const., Ch. I, Art. 3 (1793), in 6 id., at 3762 (similar); Tenn. Const., Art. XI, §3 (1796), in id., at 3422 (similar); Ohio Const., Art. VIII, §3 (1802), in 5 id., at 2910 (similar). The plain text of these constitutional provisions prohibited any tax dollars from supporting the clergy. We have found nothing to indicate, as Justice Scalia contends, post , at 3, that these provisions would not have applied so long as the State equally supported other professions or if the amount at stake was de minimis . That early state constitutions saw no problem in explicitly excluding only the ministry from receiving state dollars reinforces our conclusion that religious instruction is of a different ilk. 7
Far from evincing the hostility toward religion which was manifest in Lukumi , we believe that the entirety of the Promise Scholarship Program goes a long way toward including religion in its benefits. 8 The program permits students to attend pervasively religious schools, so long as they are accredited. As Northwest advertises, its concept of education is distinctly Christian in the evangelical sense. App. 168. It prepares all of its students, through instruction, through modeling, [and] through [its] classes, to use … the Bible as their guide, as the truth, no matter their chosen profession. Id. , at 169. And under the Promise Scholarship Programs current guidelines, students are still eligible to take devotional theology courses. 9 Davey notes all students at Northwest are required to take at least four devotional courses, Exploring the Bible, Principles of Spiritual Development, Evangelism in the Christian Life, and Christian Doctrine, Brief for Respondent 11, n. 5; see also App. 151, and some students may have additional religious requirements as part of their majors. Brief for Respondent 11, n. 5; see also App. 150151.
In short, we find neither in the history or text of Article I, §11 of the Washington Constitution, nor in the operation of the Promise Scholarship Program, anything that suggests animus towards religion. 10 Given the historic and substantial state interest at issue, we therefore cannot conclude that the denial of funding for vocational religious instruction alone is inherently constitutionally suspect.
Without a presumption of unconstitutionality, Daveys claim must fail. The States interest in not funding the pursuit of devotional degrees is substantial and the exclusion of such funding places a relatively minor burden on Promise Scholars. If any room exists between the two Religion Clauses, it must be here. We need not venture further into this difficult area in order to uphold the Promise Scholarship Program as currently operated by the State of Washington.
The judgment of the Court of Appeals is therefore
1 The State does not require students to certify anything or sign any forms. App. 86, 89.
2 The relevant provision of the Washington Constitution, Art. I, §11, states: Religious Freedom. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment.
3 Davey, relying on Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819 (1995) , contends that the Promise Scholarship Program is an unconstitutional viewpoint restriction on speech. But the Promise Scholarship Program is not a forum for speech. The purpose of the Promise Scholarship Program is to assist students from low- and middle-income families with the cost of postsecondary education, not to encourage a diversity of views from private speakers. United States v. American Library Assn., Inc., 539 U. S. 194, 206 (2003) (plurality opinion) (quoting Rosenberger, supra, at 834). Our cases dealing with speech forums are simply inapplicable. See American Library Assn., supra; Cornelius v. NAACP Legal Defense & Ed. Fund, Inc., 473 U. S. 788, 805 (1985) . Davey also argues that the Equal Protection Clause protects against discrimination on the basis of religion. Because we hold, infra, at ___, that the program is not a violation of the Free Exercise Clause, however, we apply rational-basis scrutiny to his equal protection claims. Johnson v. Robison, 415 U. S. 361, n. 14 (1974); see also McDaniel v. Paty, 435 U. S. 618 (1978) (reviewing religious discrimination claim under the Free Exercise Clause). For the reasons stated herein, the program passes such review.
4 Promise Scholars may still use their scholarship to pursue a secular degree at a different institution from where they are studying devotional theology.
5 Justice Scalia notes that the States philosophical preference to protect individual conscience is potentially without limit, see post, at 5; however, the only interest at issue here is the States interest in not funding the religious training of clergy. Nothing in our opinion suggests that the State may justify any interest that its philosophical preference commands.
6 Perhaps the most famous example of public backlash is the defeat of A Bill Establishing A Provision for Teachers of the Christian Religion in the Virginia Legislature. The bill sought to assess a tax for Christian teachers, reprinted in Everson v. Board of Ed. of Ewing, 330 U. S. 1, 74 (1947) (supplemental appendix to dissent of Rutledge, J.); see also Rosenberger, supra, at 853 (Thomas, J., concurring) (purpose of the bill was to support clergy in the performance of their function of teaching religion), and was rejected after a public outcry. In its stead, the Virginia Bill for Religious Liberty, which was originally written by Thomas Jefferson, was enacted. This bill guaranteed that no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever. A Bill for Establishing Religious Freedom, reprinted in 2 Papers of Thomas Jefferson 546 (J. Boyd ed. 1950).
7 The amici contend that Washingtons Constitution was born of religious bigotry because it contains a so-called Blaine Amendment, which has been linked with anti-Catholicism. See Brief for United States as Amicus Curiae 23, n. 5; Brief for Becket Fund for Religious Liberty et al. as Amici Curiae; see also Mitchell v. Helms, 530 U. S. 793, 828 (2000) (plurality opinion). As the State notes and Davey does not dispute, however, the provision in question is not a Blaine Amendment. Tr. of Oral Arg. 5; see Reply Brief for Petitioners 67. The enabling Act of 1889, which authorized the drafting of the Washington Constitution, required the state constitution to include a provision for the establishment and maintenance of systems of public schools, which shall be … free from sectarian control. Act of Feb. 22, 1889, ch. 180, §4, ¶Fourth, 25Stat. 676. This provision was included in Article IX, §4, of the Washington Constitution (All schools maintained and supported wholly or in part by the public funds shall be forever free from sectarian control or influence), and is not at issue in this case. Neither Davey nor amici have established a credible connection between the Blaine Amendment and Article I, §11, the relevant constitutional provision. Accordingly, the Blaine Amendments history is simply not before us.
8 Washington has also been solicitous in ensuring that its constitution is not hostile towards religion, see State ex rel. Gallwey v. Grimm, 146 Wash. 2d 445, 470, 48 P. 3d 274, 286 (2002) ([I]t was never the intention that our constitution should be construed in any manner indicating any hostility toward religion. (citation omitted)), and at least in some respects, its constitution provides greater protection of religious liberties than the Free Exercise Clause, see First Covenant Church of Seattle v. Seattle, 120 Wash. 2d 203, 223229, 840 P. 2d 174, 186188 (1992) (rejecting standard in Employment Div., Dept. of Human Resources of Ore. v Smith, 494 U. S. 872 (1990) , in favor of more protective rule); Munns v. Martin, 131 Wash. 2d 192, 201, 930 P. 2d 318, 322 (1997) (holding a city ordinance that imposed controls on demolition of historic structures inapplicable to the Catholic Churchs plan to demolish an old school building and build a new pastoral center because the facilities are intimately associated with the churchs religious mission). We have found nothing in Washingtons overall approach that indicates it single[s] out anyone for special burdens on the basis of … religious callings as Justice Scalia contends, post, at 6.
9 The State notes that it is an open question as to whether the Washington Constitution prohibits nontheology majors from taking devotional theology courses. At this point, however, the Program guidelines only exclude students who are pursuing a theology degree. Wash. Admin. Code §25080020(12)(g) (2003).
10 Although we have sometimes characterized the Establishment Clause as prohibiting the State from disproving of a particular religion or religion in general, Church of Lukumi Babalu Aye, Inc. v. Hialeah, 508 U. S. 520, 532 (1993) (citing cases), for the reasons noted supra, the State has not impermissibly done so here.
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Edward J. WETZEL v. OHIO.
371 U.S. 62 (83 S.Ct. 111, 9 L.Ed.2d 26)
Decided: Nov. 5, 1962
per_curiam, per_curiam [HTML]
concurrence, DOUGLAS [HTML]
This is an appeal from a judgment of the Supreme Court of Ohio affirming a judgment of conviction of a criminal offense entered in the Court of Common Pleas, Wyandot County, Ohio.
The motion to substitute Margie Wetzel, Administratrix of the Estate of Edward J. Wetzel, who died April 26, 1962, as appellant in place of Edward J. Wetzel is granted. The motion of appellee to dismiss the appeal for want of a substantial federal question is granted.
Appellant was convicted of possessing obscene matter with intent to sell it under Ohio Statutes § 2905.34. On May 25, 1960, he was 'sentenced to an indeterminate period of not less than one year nor more than seven years and to pay costs of this prosecution.' The sentence was suspended pending appeal in the Ohio courts. On January 17, 1962, the Supreme Court of Ohio reversed the Court of Appeals, which had reversed appellant's conviction, and on February 2, 1962, ordered the trial court's judgment executed. On the same day a warrant was issued by the trial court authorizing the sheriff to sell enough of appellant's property to satisfy cost of $469.20. This was in accordance with Revised Code § 2949.15. On February 27, 1962, the Supreme Court of Ohio suspended sentence 'until further order' of that court.
Appellant died pending appeal to this Court. His wife, as administratrix, has moved to be substituted as a party.
When a convicted and fined federal criminal defendant has died pending review of his case here it has been the practice of this Court to dismiss his case and leave the disposition of his fine to the lower federal courts. See American Tobacco Co. v. United States, 328 U.S. 781, 815, 66 S.Ct. 1125, 1141, 90 L.Ed. 1575; United States v. Johnson, 319 U.S. 503, 520, 63 S.Ct. 1233, 1241, 87 L.Ed. 1546. But this practice is premised on the ground 'that in the federal domain prosecutions abate * * * on the death of (a) * * * defendant.' Melrose Distillers Inc. v. United States, 359 U.S. 271, 272, 79 S.Ct. 763, 765, 3 L.Ed.2d 800. See Daniel v. United States, 5 Cir., 268 F.2d 849. But such is not the case in Ohio. There the appeal will be dismissed as moot (Makley v. State, 128 Ohio St. 571, 192 N.E. 738) but 'the dismissal of an appeal, because of the death of the defendant during the pendency thereof, leaves the judgment as it was before the appeal proceeding was instituted.' State v. Sholiton, Ohio App., 128 N.E.2d 666, 667.
In the Sholiton case the court expressly refused to pass on whether decedent's estate would be liable for costs, because the issue was not presented. It is apparently the rule in Ohio, however, that costs can be collected from a deceased convicted criminal's estate. State for Use of Clark County v. Keifer, 16 Ohio N.P.N.S. 41. See Ohio Jur.2d, Costs, § 89. Under the present sentence costs seem to be a penalty which is part of the sentence. See Hayes v. Pontius, Ohio Com.Pl., 1 Ohio Supp. 289.
Thus, under existing Ohio law it appears that Wetzel's estate will have to pay a $469.20 penalty to the State of Ohio unless this Court reverses his conviction. His administratrix, and probable heir, is rightly concerned about this and is the proper party to substitute.
It is often stated that 'Where no controversy remains, except as to costs, this court will not pass upon the merits.' Heitmuller v. Stokes, 256 U.S. 359, 41 S.Ct. 522, 65 L.Ed. 990; see Paper-Bag Cases, 105 U.S. 766, 26 L.Ed. 959; Glendale Elastic Fabrics Co. v. Smith, 100 U.S. 110, 25 L.Ed. 547. The genesis of these cases was Canter v. American Ins. Co., 3 Pet. 307, 7 L.Ed. 688, wherein the Court stated:
'As to the costs and expenses, we perceive no error in the allowance of them in the circuit court. They are not matters positively limited by law, but are allowed in the exercise of a sound discretion of the court. And, besides, it may be added, that no appeal lies from a mere decree respecting costs and expenses.' Id., 3 Pet. at 319.
As stated by Chief Justice Taft, writing for the Court in Newton v. Consolidated Gas Co., 265 U.S. 78, 8283, 44 S.Ct. 481, 482483, 68 L.Ed. 909:
'There is no doubt that, as a general rule, an appeal does not lie from a decree solely for costs * * * (This rule) is easily deducible from the discretion vested in the trial court * * *. But the rule is not absolute, and should not be enforced when the trial court assumes the power to assess * * * costs * * * not legally assessable as such.' (Italics added.)
Those were all civil cases and this is a criminal one. Yet the rule of the civil cases should obtain here.
In this case the trial court had no discretion concerning the matter of costs. Under Ohio law costs are automatically assessed against a convicted felon. See Ohio Revised Code, §§ 2949.14, 2949.15. The costs were not 'legally assessable' if the conviction was invalid.
In Pollard v. United States, 352 U.S. 354, 77 S.Ct. 481, 1 L.Ed.2d 393, the question was raised as to whether or not the case was moot because the petitioner had been released from prison after his petition for certiorari had been granted. Id., p. 358, 77 S.Ct., p. 484. The issue presented was not that of guilt, but instead one that related only to the propriety or legality of the sentence imposed. We said 'The possibility of consequences collateral to the imposition of sentence is sufficiently substantial to justify our dealing with the merits.' Ibid. Though we divided on the merits, we were unanimous on that point.
In the present case there is a strong probability of collateral consequences or 'penalties or disabilities.' St. Pierre v. United States, 319 U.S. 41, 43, 63 S.Ct. 910, 911, 87 L.Ed. 1199. If the conviction stands, those collateral consequences or penalties will be the likely reduction of appellant's estate through the collection of costs from it.
To support her substitution Mrs. Wetzel asserts that the deceased and his family have a substantial interest in clearing his name, that she should be allowed to protect the estate from the penalty that may be collected from it, and that the importance of the issues presented by this appeal justifies review. It is unnecessary to decide in this case whether the decedent's or his family's interest in his good name satisfies the case-or-controversy requirement. Cf. St. Pierre v. United States, 319 U.S. 41, 43, 63 S.Ct. 910, 911, 87 L.Ed. 1199. For I am convinced that under existing precedent decedent's wife and administratrix has a sufficient interest in protecting his estate from unlawful penalties to be substituted as a party and maintain this appeal.
For these reasons I believe the motion to substitute is properly granted. But on the facts of this record I have concluded that a substantial federal question is not presented.
Mr. Justice BLACK, while joining this opiniion insofar as it deals with the motion to substitute, believes that a substantial federal question is presented and that probable jurisdiction should be noted.
Mr. Justice CLARK, with whom Mr. Justice HARLAN and Mr. Justice STEWART join, dissents, believing that the appeal abated upon the death of the appellant, Edward J. Wetzel. Menken v. Atlanta, 131 U.S. 405, 9 S.Ct. 794, 33 L.Ed. 221 (1889). This Court has held numerous times that the existence of a judgment taxing costs in such cases cannot alone prevent dismissal here. Heitmuller v. Stokes, 256 U.S. 359, 362, 41 S.Ct. 522, 523, 65 L.Ed. 990 (1921); Wingert v. First National Bank, 223 U.S. 670, 32 S.Ct. 391, 56 L.Ed. 605 (1912); Paper-Bag Machine Co. v. Nixon, 105 U.S. 766, 772, 26 L.Ed.2d 959 (1881); Glendale Elastic Fabrics Co. v. Smith, 100 U.S. 110, 25 L.Ed. 547 (1879). Although such judgments may confer appellate jurisdiction to inquire into the lower court's power to tax costs, Newton v. Consolidated Gas Co., 265 U.S. 78, 8283, 44 S.Ct. 481, 482, 68 L.Ed. 909 (1924); Citizens' Bank of Louisiana v. Cannon, 164 U.S. 319, 323324, 17 S.Ct. 89, 90, 41 L.Ed. 451 (1896); cf. Intertype Corp. v. Clark-Congress Corp., 7 Cir., 249 F.2d 626, 628 (1957), the existence of such a judgment has been held not to confer jurisdiction to inquire into the merits of the original controversy, Smith v. Indiana, 191 U.S. 138, 149, 24 S.Ct. 51, 52, 48 L.Ed. 125 (1903); Davis v. Preston, 280 U.S. 406, 408, 50 S.Ct. 171, 172, 74 L.Ed. 514 (1930). Accordingly, the motion to substitute the administratrix as a party should be denied, the appeal dismissed and the case remanded to the Supreme Court of Ohio for such proceedings as may be appropriate under state law.
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ICE Raids Set Country on Edge
Jessica Rae
Donald Trump has recently tweeted ICE’s plans to carry out raids across the country. Aiming for the seizure of 2,000 immigrants who have court orders to be removed, ICE officers will flood 10 cities.
No matter who you are or what your status is, this is the United States of America – where ALL people have rights. Know yours.
Prepare. Visit https://t.co/vneVYPCAY8 to learn how to handle this & other ICE encounters in multiple languages. pic.twitter.com/yDcKTzn8fq
— Alexandria Ocasio-Cortez (@AOC) July 11, 2019
The US Immigration and Customs Enforcement officers plan includes the detainment of “immigrants who happened to be on the scene,” whether they are targets of the raid or not. Set to take place Sunday, the massive deportation effort has spurred politicians against the raid to encourage potential targets to educate themselves. Alexandria Ocasio-Cortez is reminding those at risk that without a judicial warrant, it is illegal for an officer to enter their home. As citizens watch from the sidelines, it is the surest sign that some Americans have forgotten our history.
Recalling the 10 Stages of Genocide, Americans against the forced removal of immigrants recognize we are at stage seven, preparation. For several years, the polarization of Muslims, Hispanic, and Latinx peoples between North Americans has mirrored the slow, but devastating vilification Jews faced in Germany. Mainstream news media outlets flood those susceptible to propaganda with lies regarding the theft of employment opportunities and skew crime rates statistics. Even now, as the mistreatment of detained immigrants is downplayed by government officials, it parallels the increase in violence against subject populations between 1933 and 1941.
“Those six years are a very particular phase of development of the Nazi project where a lot of steps were taken inside Germany to isolate German Jews from the rest of the population, to start measures sterilizing, isolating, and eventually even to start killing, to rearm Germany to prepare for the war of conquest, but also to cover up that rearmament by talking peaceful intentions publicly so that people elsewhere in the world wouldn’t be too alarmed.”
Doris Bergen
As explained by Professor Doris Bergen, the attempt of Jewish extermination did not begin with gas chambers. So, Wednesday Trump delayed the action to see if Congress could work out a legislative solution. However, ICE director Ken Cuccinelli says the raids are “absolutely going to happen.” He continued, “There’s approximately a million people in this country with removal orders. And of course that isn’t what ICE will go after in this, but that’s the pool of people who have been all the way through the due process chain.”
If you are at risk of detainment, visit https://www.wehaverights.us/ to learn how to handle potential encounters in multiple languages.
Related Topics:ICE raids
Critically acclaimed FX series, Pose, drew attention last night to the vicious and dishearteningly overlooked murders of Black trans women and other women of color. While it’s important to highlight the stories, both real and fictional, of trans people that move through society with little protection, fans are calling out the show for missing the opportunity to discuss colorism as well.
***WARNING: SPOILERS AHEAD***
It is with a heavy heart that we tell this very real story. People ask, "Why Candy?" Well it's because it's happening to so many trans women of color like her, and these women are the center of our show. I hope your mourning pushes you to show up for other Candy girls. #PoseFX pic.twitter.com/YiKmlf5cXR
— Janet Mock (@janetmock) July 10, 2019
Watchers of the FX series, Pose, are mourning the loss of the beloved character, Candy Johnson-Ferocity. But for Black viewers, Candy’s departure left them feeling slighted. As one of the only two dark skinned characters on the show, Candy’s experience was harsh. She was depicted as catty, a product of her mistreatment by those around her, and seemed to exist without a storyline. Candy was given every trope they refused to assign to Angel, another trans woman of color. However, Angel possesses lighter skin.
This was not easy for us to do, but we had to address the ongoing issue of violence against trans women, especially trans women of color. #PoseFX pic.twitter.com/z4qRKiXGNU
— Our Lady J (@ourladyj) July 10, 2019
In the past, writers and showrunners have been careful to avoid depicting acts of violence against trans women of color in a predictable fashion. So, the choice to show Angel in a seemingly stable situationship with Stan was well received. But why couldn’t Candy have a moment in the sun? The experiences of trans women are not separated by skin color, making it entirely possible for her to be loved out loud by others and herself. Presenting her as a damaged trans woman who lived dangerously as a sex worker without the knowledge of what threats she faced makes her death incomplete. And to use a dark skin trans woman to convey the message in a world that does not value dark skin lives felt excessive.
Candy left us without definition, shapeless as a character whose story would never take form. Her moments of glory went uncelebrated as she was frequently the butt of the joke, spoken of highly only in her passing. And for many, her death felt like a forced but necessary reminder to protect Black trans women. Yet, as some have pointed out on Twitter, LuLu’s passing would have hit just as hard and the message would still have been received. But here we stand, with only one dark skin character left in a series promising representation for all. Let’s hope Elektra is used for more than tragedy.
How did you feel about the most recent episode of Pose? Will you continue to watch?
Do We Really Need Making The Band 5?
Feeling nostalgic, Wale requested Diddy resumes the MTV series Making the Band. But knowing Diddy’s problematic history regarding artist treatment and alleged lack of compensation, do we really need the show to return?
We seriously need @diddy to bring back Making the Band!! 🔥👏 #IWantMyMTB pic.twitter.com/YIAnSg7GAP
— MTV (@MTV) July 8, 2019
Harlem native Sean “Diddy” Combs got his start in the music industry in the early 90s as an intern at Uptown Records. Although he was fired from the company, Diddy went on to lay the foundation for Bad Boy Records in 1993. The label built itself on the shoulders of Biggie, securing other notable acts like 112, Mase, Total, and Faith Evans along the way. However, the untimely passing of Notorious B.I.G., following the East-West rap beef, came at an immeasurable cost. Along with losing a close friend, Diddy’s label struggled to maintain relevance. Then, came Making the Band.
Hardly remembered, the first three seasons of the series were not actually about Diddy’s unique requests and consistent studio shutdowns. It initially focused on the time-tested formula of boy bands. Looking to recreate the magical hold the Backstreet Boys or NSYNC had over our teenage years, Lou Pearlman spearheaded the first iteration of the show. Conducting a nationwide talent search, he selected 25 singers before dwindling down to the final five that would later become O-Town. The three-season run focused on the grooming of the boy band, initially signed to Transcontinental Records, their transfer to Clive Davis’ label J Records, and their subsequent split. All rising to and falling from stardom in the span of just three years, the series that birthed a boy band was pressured to continue. But how? In came Diddy.
“Bring Me Some Cheesecake”
Attempting to season the show, Making the Band 2 began airing October 2002 and suffered the same fate as it’s marshmallow version. The series focused on Diddy’s search for talented rappers and singers to form a hip-hop super group. But it all came crashing down in April 2004 by Diddy’s own hand. The first season of the new series centered on the selection process, but season 2 was where the content was. As we then laughed at the hilarious and over the top demands of his new artists, to see a man worth $820 million degrade lower class Black people for amusement now would be sick. Diddy subjected his artists to strange and arbitrary tasks, all to appease himself. As they dredged through the stop-start mud of production, Too Hot For TV, the debut album of Da Band would sell fewer than 1 million copies. Now, Da Band exists only in obscurity and memes, but that wouldn’t stop Diddy from continuing the show.
Successful Artists?
It would be fair to say Making the Band 3 was influenced by the popularity of Destiny’s Child, given the shift to creating a girl group in 2005. Diddy joined forces with Laurie Ann “Boom Kack” Gibson to form a successful group that would assume the name Danity Kane. However, problems plagued the members and were chronicled in a special titled “The Rise and Fall of Danity Kane”, which aired in 2009. As Diddy was working to form the girl group, his relationship with Cassie, who was also signed to Bad Boy, became public knowledge. He also had other artists whose careers he’d simply abandoned.
Diddy signed a rapper named Aasim in 2004, whose debut through Bad Boy was never released. He’d also picked up Yung Joc, who along with Cassie helped Bad Boy Records chart with top five singles. However, Joc only released two albums with Bad Boy before being relegated to self-released mixtapes for most of his career. In fact, Diddy has lost 47 artists over the 26 years of Bad Boy’s existence. At this moment, out of the nine acts currently signed to Bad Boy, only five of them have no familial relation. Several of the artists once signed to Bad Boy alleged that Diddy crafted contracts that made them glorified work horses, making him millions and leaving them destitute. Although he vehemently denies any wrongdoing, do we really need to risk another instance of Making the Band when Diddy has no recent history of successfully leading an artist to stardom?
At any rate, Diddy and MTV are testing the waters to see if you want your MTB. Do you want Making the Band 5?
Matthew Knowles Talks Beyoncé, Kelly Rowland, and Colorism
Alexandria Onuoha
Photo from Eonline
Colorism in Music
A few days ago, Matthew Knowles participated in an interview with SiriusXM in New York City. This interview garnered a lot of attention from social media. Specifically, he discussed studies that have shown that women who are at the top of the charts are all lighter skinned women. I mean this is no surprise to anyone but it is still an important conversation. There are so many talented women like Normani, Justine Skye, and Ryan Destiny who deserve acknowledgment and accolades.
Furthermore, Knowles said, “if you look back even at Whitney Houston if you look at those photos, how they lightened her to make her a lighter complexion. Because there’s a perception — the lighter that you are, the smarter — there’s a perception all over the world.” This is an issue and we should talk about it more so that the music industry tries to deconstruct the stigmas towards dark skinned women. Now, when asked if he thinks Beyoncé’s career would have been successful as it is now if she was dark skinned, he was very honest with his opinion. He said, ” I think it would have affected her success.”
I will say that Beyoncé having lighter skin compared to the members of her former group Destiny’s Child did contribute tremendously to her being the main focus which later furthered her career. However, Beyoncé being light skin is not the sole reason for her awards and accomplishments. It definitely plays an integral role, but to undermine her work ethic and the quality of her art is not what we should do on social media.
Lastly, Matthew Knowles was responsible for the group’s development over the years. As a record executive, he was aware of these problematic narratives in the industry. Many people on social media have suggested that he actually could’ve helped Kelly Rowland specifically by putting her more in the center, giving her more verses to sing, or placing her in the middle of photos. I mean this still would not eradicate colorism but it would’ve helped. When someone is aware, they have the power to fix things that are unjust. I hope he acknowledges that, as he continues giving insight into the music business. Colorism is alive and we all need to call it out.
Like New York said, “If you’re black… stand in it in all shades.”
Please comment your opinions.
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Impact on Public Education
Our vision at KIPP is that all children will receive a world-class education that prepares them for a life full of choice and opportunity. We’re committed to helping prove what’s possible for public school students across the country.
K-12 and Higher Ed Collaboration
KIPP has partnered with more than 95 colleges to identify strategies that can be implemented by K-12 schools and higher education institutions to increase the college graduation rates of first-generation students and students of color. Our partnerships include efforts to encourage a wider range of high school applicants, support for tuition financing, and a commitment to not let students slip through cracks during college to ensure that they persist to graduation.
Read the key themes that emerged from our 2016 College Presidents Convening.
View KIPP College Partnerships
Advocating for a Quality Education for Everyone
KIPP believes that one way to ensure more students have access to a great education is by advocating for policies that support excellent schools. We see policy as one way to ensure a great K-12 education for students, as well as to increase both access to and persistence through higher education.
We believe one of the most important ways for alumni, teachers, staff, and families to be heard on the issues that matter most in our communities is through voting. At the KIPP School Summit, in July 2016, we kicked off a KIPP-wide voter registration drive. Since then, KIPP regions have hosted local voter registration drives for their families and staff.
Example from KIPP New Orleans
Alumni Shaping our Future
Equipped with a great education, our alumni are becoming leaders in the quest for equity, equality, and social justice in this country. Thousands of KIPP alumni are thriving in college and the workforce, ready to show the world what they’re capable of accomplishing in order to build a better tomorrow.
Alumni Leadership Accelerator
The KIPP Alumni Leadership Accelerator is a career development fellowship for KIPP alumni who have demonstrated extraordinary achievement, drive, ambition, and leadership in their workplaces and communities. The aim is to support KIPP alumni in attaining positions at the highest levels of leadership, decision-making, and influence so they can have an impact on making the world a better place. Selected participants receive a year of professional coaching, mentorship, and a peer-network so they can support each other.
Meet Our Leadership Fellows
Federal Policy Internship Program
Internships remain one of the most powerful opportunities to apply knowledge gained in the classroom to real-world experiences. KIPP does outreach to help KIPPsters earn internships in Washington, DC in both houses of the United States Congress, the White House and DC-based policy organizations. Through these experiences, KIPP students gain invaluable first-hand knowledge of the inner-workings of our nation’s government and gain contacts that will help them throughout their careers.
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If you want to make change happen, you need to have a voice. You need to have a seat at the table. Donnell Bailey, KIPP New Orleans Alumnus and Former Federal Policy Intern
If you want to make change happen, you need to have a voice. You need to have a seat at the table.
Donnell Bailey, KIPP New Orleans Alumnus and Former Federal Policy Intern
K-12 Collaboration
There are key elements to our model, including curricula, methods, and tools we’ve developed that can be adapted in other schools for the benefit of more students. As we grow, KIPP continues to seek opportunities to facilitate the exchange of ideas with other public school educators, so that we can all help students achieve at the highest levels.
Literacy Curriculum
Through a pilot made possible by the Charter School Growth Fund, we are partnering with six charter management organizations to implement our college-prep literacy curriculum, KIPP Wheatley. Through this collaboration over the next year, the following schools will share insights and knowledge to learn from each other:
• Achievement Prep (DC)
• Aspire Public Schools (Memphis)
• Freedom Preparatory Academy (Memphis)
• LEARN Charter Schools (Chicago)
• The Preparatory Schools (Cleveland)
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Spring Branch Independent School District, YES Prep, and KIPP Houston partner to provide more high-quality school choices for students in the Spring Branch area, and to accelerate and support the culture of post-secondary success within Spring Branch. Helena-West Helena School District, Lee County School District, and KIPP Delta have partnered to offer KIPP Through College services to the families of hundreds of juniors and seniors at Central High School and Lee High School. Many examples of charter-district collaboration exist across the KIPP network.
Principal Selection and Development
KIPP offers development and hands-on training to administrators interested in learning about our principal development model. The KIPP Leadership Design Fellowship (KLDF) creates a unique space for participants to collaborate and share ideas before, during, and after the 8-month program. Leaders from 80+ organizations educating over 11 million children have participated in the program to-date.
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It's about working hard, being strategic, and being passionate about what we do: getting our kids to and through college and being focused about that. Sehba Ali, Superintendent, KIPP Houston Public Schools
It's about working hard, being strategic, and being passionate about what we do: getting our kids to and through college and being focused about that.
Sehba Ali, Superintendent, KIPP Houston Public Schools
Support the KIPP Foundation
By supporting the KIPP Foundation, individuals and organizations are making a difference in the lives of more than 100,000 children across the country, and creating a national impact on public education.
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DTR 7
DTR 7.2.1R 27/07/2018 RP
An issuer to which this section applies must include a corporate governance statement in its directors’ report. That statement must be included as a specific section of the directors’ report and must contain at least the information set out in DTR 7.2.2 R to DTR 7.2.7 R and, where applicable, DTR 7.2.8AR and6 DTR 7.2.10 R.
The corporate governance statement must contain a reference to the following, where applicable4:
the corporate governance code to which the issuer is subject; 4
the corporate governance code which the issuer may have voluntarily decided to apply; and4
all relevant information about the corporate governance practices applied over and above 4the requirements of 4national law.
[Note: article 20(1)(a) first paragraph of the Accounting Directive4]
An issuer which is complying with DTR 7.2.2 R (1) or DTR 7.2.2 R (2) must:
state in its directors’ report where the relevant corporate governance code is publicly available; and
where 4it departs from that corporate governance code, explain which parts of the corporate governance code it departs from and the reasons for doing so.
Where DTR 7.2.2 R (3) applies, the issuer must make details of 4its corporate governance practices publicly available and state in its directors’ report where they can be found.
If an issuer has decided not to refer to 4any provisions of a corporate governance code referred to under DTR 7.2.2 R (1) and DTR 7.2.2 R (2), it must explain its reasons for that decision.
[Note: article 20(1)(a) second paragraph and article 20(1)(b) of the Accounting Directive4]
DTR 7.2.4G 06/08/2010 RP
A listed company which complies with LR 9.8.6R (6) (the comply or explain rule in relation to theUK Corporate Governance Code1) will satisfy the requirements of DTR 7.2.2 R and DTR 7.2.3 R.
The corporate governance statement must contain a description of the main features of the issuer's internal control and risk management systems in relation to the financial reporting process.
[Note: article 20(1)(c) of the Accounting Directive4]
The corporate governance statement must contain the information required by paragraph 13(2)(c), (d), (f), (h) and (i) of Schedule 7 to the Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 (SI 2008/410) (information about share capital required under Directive 2004/25/EC (the Takeover Directive)) where the issuer is subject to the requirements of that paragraph.
[Note: article 20(1)(d) of the Accounting Directive4]
The corporate governance statement must contain a description of the composition and operation of the issuer's administrative, management and supervisory bodies and their committees.
[Note: article 20(1)(f) of the Accounting Directive4]
In the FCA's view, the information specified in provisions A.1.1, A.1.2, B.2.4,1C.3.3, C.3.8 and D.2.13 of the2 UK Corporate Governance Code1 will satisfy the requirements of DTR 7.2.7 R.
DTR 7.2.8AR 04/11/2016 RP
5The corporate governance statement must contain a description of:
the diversity policy applied to the issuer’s administrative, management and supervisory bodies with regard to aspects such as, for instance, age, gender, or educational and professional backgrounds;
the objectives of the diversity policy in (a);
how the diversity policy in (a) has been implemented; and
the results in the reporting period.
If no diversity policy is applied by the issuer, the corporate governance statement must contain an explanation as to why this is the case.
[Note: article 20(1)(g) of the Accounting Directive]
DTR 7.2.8BG 04/11/2016 RP
5DTR 7.2.8AR does not apply to an issuer which qualifies as a small or medium company under DTR 1B.1.7R.
An issuer may elect that, instead of including its corporate governance statement in its directors’ report, the information required by DTR 7.2.1 R to DTR 7.2.8AR6 may be set out in4:
4a separate report published together with and in the same manner as its annual report4; or
a4 document publicly available on the issuer's website to which reference is made in the directors’ report4.
4Under (1) or (2), the corporate governance statement must contain the information required by DTR 7.2.6R or a reference to the directors’ report where that information is made available.
[Note: article 20(2) of the Accounting Directive4]
DTR 7.2.10R 29/01/2016 RP
Subject to DTR 7.2.11 R, an issuer which is required to prepare a group directors’ report within the meaning of section 415(2) of the Companies Act 2006 must include in that report a description of the main features of the group’s internal control and risk management systems in relation to the financial reporting process for the undertakings included in the consolidation, taken as a whole4. In the event that the issuer presents its own annual report and its consolidated annual report as a single report, this information must be included in the corporate governance statement required by DTR 7.2.1 R.
[Note: article 29(2)(b) of the Accounting Directive4]
4An issuer that elects to include its corporate governance statement in a separate report as permitted by DTR 7.2.9R(1) must provide the information required by DTR 7.2.10R in that report.
4An issuer that elects to include its corporate governance statement in a document publicly available on the issuer's website to which reference is made in the directors’ report as permitted by DTR 7.2.9R(2) must provide the information required by DTR 7.2.10R in that document.
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David D. Burns M.D.
Share This Author:
David D. Burns, M.D., a clinical psychiatrist, conveys his ideas with warmth, compassion, understanding, and humor unmatched by any other writer in the self-help field. His bestselling Feeling Good: The New Mood Therapy has sold more than three million copies to date. In a recent national survey of mental health professionals, Feeling Good was rated number one—from a list of more than one thousand—as the most frequently recommended self-help book on depression. His Feeling Good Handbook was rated number two in the same survey.
Dr. Burns's entertaining teaching style has made him a popular lecturer for general audiences and mental health professionals throughout the country as well as a frequent guest on national radio and television programs. He has received numerous awards including the Distinguished Contribution to Psychology Through the Media Award from the Association of Applied and Preventive Psychology. A magna cum laude and Phi Beta Kappa graduate of Amherst College, Dr. Burns received his medical degree from the Stanford University School of Medicine. He is currently clinical associate professor of psychiatry at the Stanford University School of Medicine and is certified by the National Board of Psychiatry and Neurology.
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Works by David D. Burns M.D.
by David D. Burns M.D.
Ten Days to Self-Esteem
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University of North Carolina at Chapel Hill -- History
ECOS, Inc. Raleigh Chapter
Duke University -- History
North Carolina State University -- Students -- History
North Carolina State University -- Societies, etc.
North Carolina State University -- History
North Carolina State University -- Faculty -- History
1 collection related to Raleigh (N.C.)
Filters: University of North Carolina at Chapel Hill -- History1970-1979
North Carolina State University, Student and Other Organizations, ECOS, Inc. Raleigh Chapter Records, 1970-1976
Size: 0.25 linear feet (1 archival half box) Collection ID: UA 021.449
The records of the Raleigh Chapter of ECOS, Inc. contain clippings, pamphlets, correspondence, meeting information, and other general information about the organization. ECOS, Inc. was established in or before 1970 by student groups at North Carolina State University, Duke University, and the University of North Carolina at Chapel ... More
The records of the Raleigh Chapter of ECOS, Inc. contain clippings, pamphlets, correspondence, meeting information, and other general information about the organization. ECOS, Inc. was established in or before 1970 by student groups at North Carolina State University, Duke University, and the University of North Carolina at Chapel Hill as an organization to encourage the preservation of the environment and the introduction of beneficial alternatives to everyday pollutants. NC State's chapter disbanded in or after 1976; ECOS eventually disbanded as well, though that date is also unknown. Less
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Bookbinding styles and techniques are explored in a new exhibit in the Marovitz Gallery
May 4th Task Force Commemoration Poster
Early May 4th Task Force Flyer
Kent State Shootings Digital Archive
Explore University History Collections
The Department of Special Collections and Archives acquires, preserves, and provides access to primary sources and rare materials that support the teaching and research programs of Kent State University.
The non-circulating collections of the Department cover a broad spectrum of topics in a variety of formats including books, manuscripts, and archival materials. Strengths are 19th- and 20th-century British and American literature and poetry; true crime literature; theater and the performing arts; and children's literature. There also are significant holdings in the history of books and printing, detective fiction, science fiction and fantasy, cryptology, and labor history. Archival holdings include the historical records of Kent State University; a large collection documenting the May 4, 1970 Kent State shootings; and regional history materials.
Spotlight on Special Collections
Explore major collections held in the department through this online exhibit.
Explore Digital Collections
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Chicago Harris DIC 2013 London; Churchill War Rooms; Whitehall, London; 17th October 2013. © Pete Jones pete@pjproductions.co.uk
FORT WORTH COUNTRY DAY HOSTING WINSTON CHURCHILL EXPERT ON NOVEMBER 6
Posted By: LNO News Reporton: October 30, 2018 In: Events in Area, Featured, Government, News Releases
Fort Worth Country Day is hosting a community lecture on Winston Churchill, given by Churchill expert Phil Reed. Reed is the former director of the Cabinet War Rooms and creator of the Churchill Museum, and now travels internationally to give symposiums on Churchill’s life and accomplishments.
Fort Worth Country Day students and faculty, World War II and Winston Churchill aficionados, Fort Worth community and media.
Phil Reed began working as curator at the Imperial War Museum in London, England, in 1975. Reed was the driving force behind the campaign to create the Churchill Museum at the Cabinet War Rooms, which opened in 2005. In 2008, Phil was awarded the Order of the British Empire (OBE) in the New Year’s Honours List for services to museums. After more than four decades of service, Reed retired in 2016, but continues as executive director for the Churchill Centre, a U.S.-based global body promoting the heritage of Churchill. Most recently, Reed worked as the historical consultant on the Oscar Award-winning film, “Darkest Hour.”
The event is Tuesday, November 6, 2018 6:30-7:30 p.m. at the Fort Worth Country Day Lou and Nick Martin Campus Center 4200 Country Day Lane Fort Worth, TX
Colleyville collector wins 1st Place in Luxury & Supercar Showcase
Gov. Abbott to Feature Get out the Vote in Ft. Worth Tomorrow.
LNO News Report
Multiple contributors including Lone Star Voice; Teresa Breckmeyer, Linda Baker,Ross Kecseg, Elizabeth North, Nelson Thibodeaux, Lonny Watson, Chris Waguespack, Columns and Editorials have also been contributed by Chris Putnam, Linda Newton, Jane McCain, Dr. Kevin Wacasy by Bandit Thibodeaux, previously featured in magazines and television as the "Heart Stealer," in his guard dog role and greeting visitors.
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THE MAKING OF AN AVANT-GARDE
The Institute for Architecture and Urban Studies, 1967–84
THE MAKING OF AN AVANT-GARDE: THE INSTITUTE FOR ARCHITECTURE AND URBAN STUDIES 1967-1984
A DOCUMENTARY WRITTEN, PRODUCED AND DIRECTED BY DIANA AGREST
The Making of an Avant-Garde: The Institute for Architecture and Urban Studies 1967-1984 presents the creation and existence of the IAUS in the architectural, cultural, and political climate of the time, from the anti-War riots, the Women's Movement to the Paris May '68 revolution and the crime ridden and the bankrupt New York City of the 70's, through rich and abundant footage portraying the period. The Institute, founded in 1967 with close ties to The Museum of Modern Art, made New York the global center for architectural debate and redefined architectural discourse in the United States. A place of immense energy and effervescence, its founders and participants were young and hardly known at the time but would ultimately become some of the most influential figures in the field shaping architectural practice and theory for decades. The Institute became the most significant and energetic crossroad in the path of rethinking architecture and the city and it's influence is still felt today. This story is told through the director's own archival footage, extensive archival photographic images and twenty-five new interviews with participants as well as the younger generations, telling compelling stories about the place and about their own personal experiences that were never made public before. Agrest's film documents and explores the Institute's fertile beginnings and enduring significance as a locus for the architectural avant-garde.
The film features Peter Eisenman (founder and director), Diana Agrest, Kenneth Frampton, Mario Gandelsonas, Emilio Ambasz, Anthony Vidler, Richard Meier, Charles Gwathmey, Rem Koolhaas, Frank Gehry, Mark Wigley, Robert Stern, Barbara Jakobson, Deborah Berke, Bernard Tschumi, Joan Ockman, Julia Bloomfield, Peter Wolf, Frederiecke Taylor, Stan Allen, Suzanne Stephens, Paul Lewis, Lucia Allais, among others.
This film has been made possible by funds from New York State Council On The Arts, The Graham Foundation For The Fine Arts,
AIA Brunner Grant, Elisse Jaffe+Jeffrey Brown, Anonymous Contribution
© 2013 Diana Agrest Films, All rights reserved
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Lois Lambert Gallery represents emerging and mid-career artists both local and international in the Contemporary Art market. In 2012, the Project Room was added offering a more intimate space for exhibitions and in 2017 the Upstairs Gallery was created featuring artwork of exhibitions hosted throughout the year.
Gallery of Functional Art
Navigation Home EXHIBITIONS Currently Showing Upcoming Events Past Exhibitions Artists About Contact Visit SERVICES Gallery of Functional Art About Artists Blog SEARCH
PHILIP VAUGHAN
Artist Statement CV Press Release
Philip was brought up in Le Havre, France and went to English boarding school at the age of 9. He met Gordon Taylor his first mentor at Brighton College who started him on a lifelong love of architecture and painting and sculpture . He went to Cambridge University to study architecture and quickly transferred to art school graduating from Chelsea School of Art. In 1979 he sailed that boat across the Atlantic with his new wife Alice. Shortly after landing in Florida he started working for Walt Disney Imagineering designing dinosaurs, rides and sets for theme parks. In 1988 he set up his own design company to work on museums, cultural projects and theme parks and he has been running that company since that time to the present. The firm designs works principally for the Asia and the Far and Middle East markets and is a specialist in technical design solutions including ambitious public art projects.
Lois Lambert Gallery represents emerging and mid-career contemporary artists both local and international. In 2012, the Project Room was added offering a more intimate space for exhibitions and in 2017 the Upstairs Gallery was created featuring artwork from exhibitions hosted throughout the year.
At Bergamot
2525 Michigan Ave E3 Santa Monica, CA 90404
E: info@loislambertgallery.com
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Leave means Leave
Drivel means drivel
Leave means Leave took out a full page advertisement in the Evening Standard. London4Europe Committee member and former HM Treasury senior civil servant Michael Romberg provides some counter-arguments to their claims.
The advertisement in two columns on 18 September 2018, compared trading under WTO rules with the Chequers Plan. There is no point in analysing their criticisms of Chequers. But let’s run through their claims about WTO Brexit, where they offer the same sort of rhetorical flourishes as Global Britain Brexiters like Liam Fox. WTO would eventually be similar to a Canada Free Trade Agreement because we should assume that if the UK left amicably without an FTA then the UK and the EU would work towards one. (No-deal would be an angry tossing of a brick through the window as we left.) Even if the particular advertisement is some time back, we can be sure the arguments will be made again.
The text from their advertisement is in italics below:
17.4 million people voted for the UK to leave all of the European Union. They did so knowing that Britain can stand on its own two feet in the world – and create new deals and new opportunities with the growing economies of the World Trade Organisation.
44% of our exports go to the EU. Why would new trade make up for the loss of EU trade from new trade barriers that would be created even if we had an FTA?
About 10% of our trade is with third countries where the EU already has a trade deal; there are more EU deals on the way. Why would the UK be able to sign a better trade deal than the EU has already? We have not negotiated a trade deal for 40 years.
Why would the UK be able to sign trade deals when the EU can’t? For example, India is not keen on trade deals anyway. What they wanted in return was more visas. The UK blocked the EU from agreeing to that. Is that going to change post Brexit? Which bit of “America First” do Leave means Leave not understand?
The reality is that trade deals are an exercise in power – the bigger your economy the more power you have in negotiations. The EU is about 22% of global GDP, the UK about 3% (2018 – market prices – IMF forecasts)
Freeing the UK from EU law would give us the freedom to trade around the world and determine our own destiny.
We are free to trade around the world now.
Several EU member states export more than we do. Germany exports 4½ times as much to China as we do (2016). Germany exports just under 4 times as much to India as we do (2016). So it’s not being in the EU that holds us back. Sure, an undervalued Euro helps, but no-one buys a Mercedes because “it’s so cheap”. An example of a German company working in China can be read here.
No country determines its own destiny. All countries have to co-operate. Pooling sovereignty through the EU gives us more of what we want (environmental and worker protection) because we know we will not be undercut by other EU countries.
We would be able to determine who comes into the UK in a fair and managed way, adding value to the economy and boosting productivity and wages.
Non-EU migration is wholly under the UK’s control now. Non-EU net migration has always been bigger than EU net migration.
The values of our fellow EU citizens are similar to British values. All European countries have a long heritage of shared values. They are people like us.
There are more controls available on EU freedom of movement than the UK uses. For example EU citizens may be removed after three months if not self-sufficient, studying, employed or with a reasonable prospect of finding work.
EU citizens contribute more to the Exchequer than they take out, and more than UK citizens. (Migration Advisory Committee Report – 2018 – Page 71)
The effect of immigration on wages is concentrated at the bottom end of the income distribution, is small (about eight pence an hour) and dwarfed by other effects such as the £1.34 rise in the minimum wage in the same period.
By removing the expensive taxes that the EU puts on goods coming into Britain, we could significantly reduce the cost of living for us all.
Most EU tariffs are small (below 5%) – you can see a chart here and make little difference to trade or prices.
Some tariffs are high, eg 37% on dairy products. Such a tariff markedly reduces imports. Were that tariff to be removed there would be immediate effects on UK dairy farmers.
Economists for Brexit argued for the immediate and unilateral abolition of UK tariffs; they noted that would mean the end of UK manufacturing.
It is not clear who bears the cost of tariffs: that will be shared between consumers and suppliers. So abolishing tariffs will only partly reduce prices, it will also increase exporters’ profits.
There are over 160 countries in the World Trade Organisation and only 28 countries in the European Union. It’s obvious where the greater opportunities lie.
Being in the EU does not stop us trading with the rest of the world – just as it does not stop those EU countries with better export performances than we have.
A key determinant of trade is how close countries are to each other – economists call this gravity. Another is how rich, a third is how similar the economies are. All these point naturally to higher trade with European economies than with the rest of the world.
Many countries are fast-growing because they are poor. It’s like a baby: it grows faster than a teenager because it is so small.
It’s time to deliver what we voted for.
No-one knows what people voted for. Leave had no plan. We need a People’s Vote on the terms of Brexit with the option to Remain once we finally know what Brexit means.
Articles on this page reflect the views of the author and not necessarily of London4Europe
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Category Linkin Park
The Halloween Dare by Penelope_Ink
Rock Stars Indeed
Hi everyone. Here's something a little different. A little funny and a little spooky. Hope you all enjoy it. I won't have it finished by Halloween, but tis the season, so I figured, why not?
Happy Reading :)
“It’s been said that we’ve gone soft as a band,” Mike Shinoda stated as he sat in the red leather tub chair. Beside him - his bandmate Chester Bennington, and in front of him a bird-like woman with questioning eyes and strained lips, like she was worn out from prying into people’s lives for the popular magazine she worked for.
“But it’s not true,” Mike continued, giving a quick glance to his bandmate before he added, “and we’re going to prove it.” And that was that. He scooped his bottle of water from the floor and threw back a chug.
“We’re going to do an old-fashioned dare,” Chester elaborated, as he sat forward. His cut off black shorts and white t-shirt made him look younger than his forty-one years as his eyes sparkled every time he spoke. “And what’s more rock and roll than that?” he asked with a wide grin that showed all of his teeth.
Before the interviewer could even ask, Mike was back up to bat as he mimicked Chester’s excited pose. “We’re going to be spending the night in a haunted house up in Northern California. A really gruesome murder took place there back in the 1920s, and ever since this place has had a history of unexplained paranormal occurrences; it’s completely insane. There’s been a whole string of eerie - just bizarre - events that have surrounded this house and the property it’s on. They’ve even had experts come in and take readings and things like that. It’s really intense to hear the stories.”
The interviewer nodded as she sat on a small stool, a camera set up beside her to record the interview she knew would soon go viral. “That’s something you don’t come across every day,” she said. “When will all this be happening?”
“We’re going to be heading up there next week,” Mike answered. “We’ll be spending two days in the house, starting with the night before Halloween.”
“Devil’s Night,” Chester clarified. “They’re locking us in and we can’t come out until the morning after Halloween.”
“Are all six of you going?” the interviewer questioned. “Or will it just be the two of you?”
“We’re all going,” Chester said as he held his microphone in one hand and moved the other around as he explained. “We’re going in as a band and we’ll come out as a band, ghosts or no ghosts. We’re going to own this. Sometimes you have to test yourself. You have to find out where you stand. Where your heart is. You have to figure out if you have the guts to tough stuff out or not. You have to put yourself on the line and see what happens.”
Mike nodded as he watched his bandmate talk. Chester was always so charismatic. So alive. So drawing. So natural. I wish I could be more like that.
“We’ve all matured over the years,” Mike added, thoughtfully. “We all have responsibilities, families and kids and we know that some of the fans are missing the angst and anger that used to fuse our music together.” He shrugged then, his eyes wandering to the hideous brown carpet under their feet. “We can’t go back to that, and I don’t think any of us would want to. We’ve moved passed that as people, and in life. But we’re hoping that our Halloween Dare will show just how soft we are not. Not that we need to prove anything to anyone,” he made sure to add. “But it’s something we collectively decided would be good and awesome at the same time.”
“Fuck yeah!” Chester threw in with a fist pump. “You want badass? Try raising six kids. Or spending the night in a haunted house,” he stated with a goofy shrug. “Both are scary as hell. But no, seriously,” he said as Mike started to laugh beside him, “we’re doing this for our fans more than anything. We know they’ll get a kick out of it and for us, we get to show that we’re not lame old men who have no guts. We’re not sellouts and we’re definitely not soft. We’re still Linkin Park. We’ll always be Linkin Park,” he emphasized as he looked to Mike to finish his thought in that uniquely Mike-like-way.
“You don’t have to yell and scream and be in a horrible place in your life to make your music or your message meaningful. We love the music that we’ve made together this time around, and the songs on the new album are incredibly personal to us, despite the lack of anger and angst in them. Spending the night in a haunted house might seem kind of silly,” he admitted with a slight pause, “but to us it’s a challenge that we’ll tackle together as a band - as friends - and we’ll come out on the other side of it together.”
“Unless one of us gets poltergeist-ed,” Chester added with a chuckle. “Then we’ll be holding auditions.”
“And then you, too, could be a part of Linkin Park,” Mike chimed in with a smile as he pointed to the camera just a few feet in front of them.
Thanks for reading everyone! Rate and review if you'd like. There's lots more to come...hopefully they'll all make it out alive!
Go to chapter: 1: Rock Stars Indeed 2: Arriving 3: The Back Story 4: Living Art 5: Dinner and a Cigarette 6: The Disappearance of Brad 7: The Organ Loft 8: The Argument Over Cum 9: The Morning After 10: Winona Ryder 11: The First Kiss 12: The End Is Where We Begin
Reviews Add review
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Press|
The Order of Malta
Water and hygiene
Hunger crisis in Africa
Forgotten crises
Help and Donate
What happens to your donation
What your donation does
Advice on donations in kind
Make Lent Count 2019
Your Gift: A Future
Controlling sleeping sickness
Sleeping sickness (otherwise known as Human African trypanosomiasis or HAT), spread by the bit of the tsetse fly, is present across wide swathes of Africa. It causes severe physical and neurological symptoms that are almost invariably fatal if left untreated. South Sudan, an extremely fragile state with a history of violent internal conflict, is amongst the countries most heavily affected by the disease. However, local health infrastructure faces an immense struggle to keep sleeping sickness under control.
Malteser International is working in cooperation with the Foundation for Innovative New Diagnostics (FIND), and the South Sudan Ministry of Health to improve testing, diagnosis, and treatment for sleeping sickness in the South Sudanese states of Eastern, Western, and Central Equatoria, where the disease is endemic. This involves upgrading and equipping health facilities, and offering training for health workers, and campaigns to raise awareness within local communities.
There were 117 cases of sleeping sickness reported in South Sudan in 2013, and 63 in 2014 – the fourth highest number in the world behind the Chad, the DRC, and the Central African Republic (WHO, 2014). The disease is particularly prevalent in the south and southwest of the country, near to its border with Uganda, the CAR and the DR Congo. In 2010 alone the disease was thought to be responsible for around 9,000 deaths around the world.
South Sudan, which gained independence from Sudan in 2011, is a territory with a long history of violent conflict. Hopes that independence would bring about a lasting peace were dashed with the outbreak of civil war in the country in 2013. Despite a ceasefire in August 2015, tension remains high, and violent clashes are not infrequent.
To sustainably intensify surveillance and control of sleeping sickness in South Sudan by introducing new screening and diagnostic tools and strategies. This includes:
Awareness campaign on the diagnosis and treatment of sleeping sickness
Initiating and improving services for diagnosis and Treatment
Mapping and characterization of health facilities
Upgrading and equipping health facilities, and training health personnel
Screening of patients with suspected sleeping sickness
Capital: Juba
Area: 644.329 km²
Population: c. 12 Millionen
Project duration: June 2014 until Decembre 2017
Donors: FIND
Partners: Ministry of Health South Sudan, FIND
Support our work in South Sudan!
As a registered non-profit organization, Malteser International is tax-exempt (tax card number 218/5761/1472).
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public policy (1114 Results)
You are looking at 1 - 10 of 1,114 items for :
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The role of the women’s movement in institutionalizing a gender focus in public policy
The Ecuadorian experience
Perspectives on Democratic Practice
Silvia Vega Ugalde
5 The role of the women’s movement in institutionalizing a gender focus in public policy: the Ecuadorian experience silvia vega ugalde 1 Introduction The institutionalization of a gender focus in state policy is a long, complex process. It presupposes intervention in a variety of areas and further presupposes the active presence in society of actors who campaign, promote and lobby in order that the gender dimension becomes visible in political and social relations. In this chapter I present the experience of the Coordinadora Politica de Mujeres Ecuatorianas
In Mainstreaming gender, democratizing the state?
Edited by: Shirin M. Rai
Bodies count: the politics and practices of war and violent death data
Keith Krause
In discussions of conflict, war and political violence, dead bodies count. Although the politics and practices associated with the collection of violent-death data are seldom subject to critical examination, they are crucial to how scholars and practitioners think about how and why conflict and violence erupt. Knowledge about conflict deaths – the who, what, where, when, why and how – is a form of expertise, created, disseminated and used by different agents. This article highlights the ways in which body counts are deployed as social facts and forms of knowledge that are used to shape and influence policies and practices associated with armed conflict. It traces the way in which conflict-death data emerged, and then examines critically some of the practices and assumptions of data collection to shed light on how claims to expertise are enacted and on how the public arena connects (or not) with scholarly conflict expertise.
In Human Remains and Violence: An Interdisciplinary Journal
Archaeology and Heritage
Murderous returns: armed violence, suicide and exhumation in the Emberá Katío economy of death (Chocó and Antioquia, Colombia)
Anne Marie Losonczy
Since the early 1990s, armed actors have invaded territories in the Chocó and Antioquia departments of Colombia, inhabited by Afro-Colombians and Indians whose collective rights in these territories had recently been legally recognised. Based on long-term fieldwork among the Emberá Katío, this article examines social, cosmological and ritual alterations and re-organisation around violent death. Following a national policy of post-conflict reparations, public exhumations and identifications of human remains reveal new local modes of understanding and administration. In particular, suicide, hitherto completely unknown to the Emberá, broke out in a multitude of cases, mostly among the youth. Local discourse attributes this phenomenon to the number of stray corpses resulting from the violence, who are transformed into murderous spirits which shamans can no longer control. The analysis focusses on the unprecedented articulation of a renewed eschatology, the intricate effects of an internal political reorganisation and the simultaneous inroad into their space of new forms of armed insurrectional violence. Thus the article will shed light on the emergence of a new transitional moral economy of death among the Emberá.
Restoring the dignity of the wars disappeared? Exhumations of mass graves, restorative justice and compassion policies in Peru
Valérie Robin Azevedo
In recent years, exhumation campaigns of mass graves resulting from the armed conflict (1980–2000) between the Maoist guerrillas of PCP-Shining Path (Sendero Luminoso) and the States armed forces have increased in Peru. People in rural Andes, the most marginalised sectors of national society, which were also particularly affected by the war, are the main group concerned with exhumations. This article examines the handling, flow and re-appropriation of exhumed human remains in public space to inform sociopolitical issues underlying the reparation policies implemented by the State, sometimes with the support of human rights NGOs. How do the families of victims become involved in this unusual return of their dead? Have the exhumations become a new repertoire of collective action for Andean people seeking to access their fundamental rights and for recognition of their status as citizens? Finally, what do these devices that dignify the dead reveal about the internal workings of Peruvian society – its structural inequities and racism – which permeate the social fabric?
Humanitarianism and the End of Liberal Order
Juliano Fiori
even those inspired by anti-communism were cautious about structural integration into Western security strategies. At the beginning of the 1990s, NGOs shrugged off their scepticism for the morality of state power, working more closely with Western military forces. Private and government funding for humanitarian operations increased. With the help of news media, humanitarian agencies boosted their political capital, presenting themselves as providers of public moral conscience for the West. A new political economy of humanitarian aid developed
In Journal of Humanitarian Affairs
Humanitarianism in a Post-Liberal World Order
Stephen Hopgood
, 1986 : 75). 1 In the realm of world politics, we know that these principles are mainly honoured in the breach. Most vulnerable is the idea that liberal space is somehow apolitical. To take an obvious example, no self-respecting liberal state could pass a law that required its citizens to practise the same religion or to curb their freedom to dissent against the government. Private freedoms are beyond the reach of public policy (with obvious complexities, e.g. around hate speech and blasphemy). The problem here is simply put. In the words
Post-Humanitarianism
Governing Precarity through Adaptive Design
Mark Duffield
solidarity with its victims. For a couple of decades it was successful in publicly challenging Western foreign policy in Africa, Latin America and Southeast Asia ( Duffield, 2007 : 51–4). Having once exercised a moral leadership, however, after a long struggle against donor absorption and UN control, an international direct humanitarian engagement finally yielded amid the horrors of Iraq and Syria. The War on Terror imposed limitations. Compared to the 1970s and 1980s, humanitarian agencies found their political room for manoeuvre significantly
The Changing Faces of UNRWA
From the Global to the Local
Elena Fiddian-Qasmiyeh
that the current processes must be analysed in relation to UNRWA’s long-standing financial insecurity and the extent to which the Agency has repeatedly ‘shrunk’ the group of Palestinian refugees considered to be a priority in addition to the nature of services it has been willing or able to deliver to these selected recipients. In the second section, I trace the contours of the #DignityIsPriceless campaign launched by UNRWA in January 2018. I focus on this campaign given its hypervisibility in the international public sphere as UNRWA
Vaccinating Britain
Mass vaccination and the public since the Second World War
Social Histories of Medicine
Gareth Millward
Vaccinating Britain investigates the relationship between the British public and vaccination policy since 1945. It is the first book to examine British vaccination policy across the post-war period and covers a range of vaccines, providing valuable context and insight for those interested in historical or present-day public health policy debates. Drawing on government documents, newspapers, internet archives and medical texts it shows how the modern vaccination system became established and how the public played a key role in its formation. British parents came to accept vaccination as a safe, effective and cost-efficient preventative measure. But occasional crises showed that faith in the system was tied to contemporary concerns about the medical profession, the power of the state and attitudes to individual vaccines. Thus, at times the British public demanded more comprehensive vaccination coverage from the welfare state; at others they eschewed specific vaccines that they thought were dangerous or unnecessary. Moreover, they did not always act uniformly, with “the public” capable of expressing contradictory demands that were often at odds with official policy. This case study of Britain’s vaccination system provides insight into the relationship between the British public and the welfare state, as well as contributing to the historiography of public health and medicine.
The new politics of Russia
Interpreting change
This book focuses on the Western difficulties in interpreting Russia. It begins with by reflecting on some of the problems that are set in the foundations of Russia's post-Cold War relationship with the West. The book points to problems that emerge from linguistic and historical 'interpretation'. It looks at the impact of Russia's decline as a political priority for the West since the end of the Cold War and the practical impact this has had. It then reflects on the rising influence, especially, but not only, in public policy and media circles, of 'transitionology' as the main lens through which developments in Russia were interpreted. The book then examines the evolution of the West's relationship with Russia since the end of the Cold War, focusing particularly on the NATO-Russia relationship. It focuses on the chronological development of relations and the emergence of strategic dissonance from 2003. The book also looks at Russian domestic politics, particularly the Western belief in and search for a particular kind of change in Russia, a transition to democracy. It continues the exploration of domestic politics, but turns to address the theme of 'Putinology', the focus on Putin as the central figure in Russian politics.
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This Day in Manson History
On this day in 1933, Roman Polanski, the director of such films as Rosemary's Baby, Chinatown and The Pianist, is born Rajmund Roman Liebling in Paris, France. As a movie director, Polanski has received numerous honors, including an Academy Award; his personal life, however, has been marked by tragedy and controversy.
Polanski grew up in Poland during World War II, when both his Jewish parents were sent to concentration camps. His mother died at Auschwitz. As a young man, Polanski studied film in Poland; he made his feature-film directorial debut in 1962 with Knife in the Water, a psychological thriller that received an Oscar nomination for Best Foreign Language Film. Polanski then made a series of films in England, including The Fearless Vampire Killers (1967), which featured Sharon Tate, an American actress who became his wife in January 1968. Polanski's first Hollywood film, Rosemary's Baby, was released that same year. The horror film, which starred Mia Farrow as a woman impregnated by the devil, was a box-office hit and earned Polanski an Oscar nomination for Best Adapted Screenplay.
On August 9, 1969, while Polanski was out of the country, Tate (then eight months pregnant with the couple's first child) was found murdered at the couple's Los Angeles home, along with four other people. Members of an infamous cult led by Charles Manson were later convicted of the brutal crime. Reportedly devastated by the tragedy, Polanski continued to work steadily in Europe and Hollywood during the 1970s, directing such films as Macbeth (1971), What? (1972) and Chinatown (1974), starring Jack Nicholson and Faye Dunaway. Chinatown, a dark story about land and water rights in Southern California in the early 20th century, was nominated for 11 Oscars and won for Best Original Screenplay.
In 1977, Polanski became embroiled in controversy when he pled guilty to having unlawful sex with a 13-year-old girl. In February 1978, Polanski fled the United States before he could be sentenced. Thereafter, he continued to make films in France and Poland, where he couldn't be extradited to America. His 2002 movie The Pianist, starring Adrien Brody as a Polish-Jewish musician during World War II, earned Polanski an Oscar for Best Director. Fearing he'd be arrested if he returned to the United States, Polanski did not attend the awards ceremony.
Couyon Nunyaz said...
has everyone seen the posters at 711s and mini markets advertising for Zig Zag cigarillos?
Id bet a $100 that is Charlies face
Happy Birthday Roman. Happy Birthday.....
Saladin Nader's Apartment
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Manny Trevino
Manny Trevino is a singer songwriter based out of North Texas. Born and raised in Amarillo, Texas, Manny began playing bass guitar at the tender age of six and picked up the 6-string at 10 years. He began playing in local venues alongside his brother and sister under the band name “Little Texas” while still in elementary school.
Manny’s first album was self-produced and recorded under the band name, Aschere. His sophomore release was entitled, “broken”, and was co-produced and recorded with the direction of Pearl Snap Records and Dark Horse Management.
His current material is considered to be an Americana-Folk-Texas Country vibe. He is currently recording his third album with a band he assembled called, Manny & the Gringoderos. You can catch Manny at your local hole-in-the-wall pub playing solo acoustic on any given night of the week, at singer songwriter showcases around North Texas or with the full band opening for the likes of Stoney LaRue, Casey Donahew as well as many other prominent Texas Country acts.
Ray Johnston Band
The Dolan Band
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Isis close to defeat as imperialists prepare for war
Niklas Albin Svensson
Imperialism Islamic Fundamentalism Middle East tag
The defeat of Isis is imminent – their last pocket in Mosul is about to be wiped out, Raqqa is being encircled and even Deir ez-Zor is under pressure. The end of Isis in Iraq and Syria has begun a struggle for the aftermath.
Isis has been the main fundamentalist jihadi force in the Middle East since 2013. Originally the Iraqi Al Qaeda affiliate, its (forced) merger with its sister Al-Qaeda group in Syria resulted in the most well-funded and well-organised jihadi group in the Middle East. It was able to gain control over a large section of the arms, jihadi volunteers and money that was flowing into Syria from Saudi Arabia, Qatar, Turkey and the US in the wake of the mass protests against Assad in 2011. Its capital was based in Raqqa but its most significant victory was the capture of Mosul in 2014. Now, it is besieged on all fronts.
Mosul has largely been reconquered by a coalition of the Iraqi army, aided by Shia militias and the Kurdish Peshmerga. Raqqa is being encircled by the PKK led SDF, backed by the US. The US and its proxies are also attempting to reach the oil rich Deir ez-Zor from the South-West and South-East. The Syrian government, for their part, are scrambling to catch up with US-backed groups and is pushing towards Deir ez-Zor from Palmyra and towards Raqqa from Aleppo, with the backing of Russia. To all parties this appears to be the beginning of the end for Isis.
The de-escalation deal
As a result, the imperialist powers are scrambling to dominate the important cities and oil rich desert that was formerly under Isis’ control. It is in that context that a de-escalation zone deal was recently struck between Turkey, Russia and Iran.
Russia, together with the Assad regime, has effectively squashed the most important pockets of opposition in the West of Syria. The metropolitan and industrial areas are now by-and-large under Assad’s control, as well as the access to the sea. The deal allows the presently rebel-controlled areas to remain so, with the exception of groups directly linked to Al Qaeda (The Nusra Front, for example) and Isis. A number of groups will also be resettled in the Idlib province.
It also effectively delivers bits of Syria into Turkish control. As a “guarantor”, Turkey will now police the Idlib province and a large area in Northern Aleppo province, separating off the two Kurdish parts from each other. The Turkish have thus given themselves a forward position from which to keep the Kurds of Syria weak, but also to keep the Assad regime weak, by keeping the various Islamist groups alive under Turkish protection in Idlib. In return, Turkey will reign in anti-Assad forces, which will deal a major blow to any groups that want to continue to fight Assad. President Donald Trump and King Salman - May 20, 2017
The main loser in the deal is Saudi Arabia, which sees its influence minimised as all the bulk of the Islamist forces will now be under Turkish control. In effect, Saudi Arabia has been pushed out of Syria with this deal. The other loser is the US, which was not given a seat at the negotiating table – the plan was only presented to them for approval after it was drawn-up. The Russians, in particular, would like to push the US and the UN security council to give its stamp of approval to this division of Syria, and the parties have given themselves a month to negotiate and work out the finer details. In the mean time, Assad and the Russians are attempting to establish de facto control of Daraa.
The rise of Iran
The Iranian regime has become one of the beneficiaries of the war in Iraq. Having destroyed the regime of Saddam Hussein, the US army effectively removed the greatest barrier to Iranian expansion into Iraq. Now, the Iran-backed Shia militias have become the most important fighting force of the Iraqi regime, and are effectively the main forces of the Iraqi government. With a loyal regime in Baghdad and, friendly relations with Damascus and significant influence in Lebanon, Iran is attempting to establish a corridor under its control from the Mediterranean all the way to the Persian Gulf and Iran.
For this purpose, Iran has deployed both Hezbollah and Iraqi militias in support of Assad in Syria. At the moment, Hezbollah forces are making a push towards the Iraqi border, through territory held by US backed rebels near Al Tanf, which is one of three roads between Iraq and Syria (the one through Deir ez-Zor is controlled by Isis and northern one by Kurdish forces). The US and their rebel allies are key to keep the road under their control, and the US even has a base in Al Tanf, which has been used to train rebel fighters. This has led to clashes, including US airstrikes against regime forces a few days ago.
The US is attempting to contain Iran. It has been forced to hand over control over the bulk of Iraq to Iran, but it is desperately scrambling to stop Iran from dominating the region. Control over Deir ez-Zor and Al Tanf are decisive, as US control of those points would stop Iran being able to move troops and resources between itself and Lebanon. At the very least, it would force Iran and Assad into negotiations.
The Russians are also not willing to hand control completely over to Iran and Assad. It has effectively agreed (at least for the time being) to US control over Al Tanf. Hezbollah, Assad and Iran are clearly intent on capturing Al Tanf, with or without Russian assistance.
The race for the Euphrates
The de-escalation deal between Assad, Russia, Turkey and Iran became a necessity as US-backed forces were advancing on Isis. The Kurdish SDF was encroaching on Raqqa and the Shia militias and the Iraqi army were finishing up in Mosul. Assad needed to free his forces to move against Isis, which he has largely left to their own devices since the beginning of the civil war. In fact, Isis provided a convenient distraction from Assad’s point of view, forcing the US to collaborate with him and his allies, in particular Iran. Now, however, the Euphrates threatens to be over-run by a combination of Kurds in the north and US-backed rebels in the south. The oil rich Deir ez-Zor province is being surrounded by these forces in Syria, although Iranian backed Shia militias are advancing towards the area inside Iraq.
Other than oil, Deir ez-Zor also contains one of the three border crossings between Iraq and Syria, making it of strategic and economic importance to both Iran and Assad. The US, Jordan, Saudi Arabia and Israel all have an interest in stopping Assad getting control of the province and its border crossing. From a Turkish point of view, the most important question is the weakening of the Kurds; thus, for them the decisive question is that the Kurds don’t get control of the area. Freeing Assad to capture Isis territory is therefore in their interest.
The defeat of Isis under these circumstances only prepares the way for bloodier conflicts in the future, with no resolution in sight.
A new front
At the same time, Saudi Arabia is planning to open up another front in the battle against Iran. The Sunni tribes of western Iraq (across the border from Al Tanf and Deir ez-Zor) played a significant role in Isis’ early success against the Maliki regime, but later abandoned the organisation. Saudi Arabia are now arming Sunni tribesmen to the teeth, and another uprising is expected as soon as Isis is defeated (at least in Iraq).
Trump has just announced his backing for Saudi Arabia’s anti-Iran measures with a state visit and a $110bn arms deal (much of which was approved under Obama). The British Prime Minister has made similar moves over the past 9 months. The weapon deals include a lot of weaponry that could be used to target Iranian ships and aircraft. The Saudis, but also other Gulf States like the UAE are stockpiling arms in order to counter Iran.
Before Trump’s state visit, the Saudis openly threatened war on Iranian soil and have been supporting reactionary opposition groups inside Iran for some time. In this context, Trump’s speech this weekend was an open declaration of support for Saudi action against Iran, practically a blank cheque. Whether or not the Saudis will make good their threat of taking the war into Iran, it certainly means an intensification of the war in Yemen and the opening of another front in Iraq.
This will likely be the end of the centralised Iraqi state. It will plunge Iraq into another stage in this bloody proxy war between the US, Saudi Arabia and Iran. The country is already divided in two, with the Kurdish authority in the north only paying lip service to the Bagdad regime. The remaining part is now to be divided on Sunni-Shia lines, deepening a sectarian conflict that has plagued the country since the US invasion of 2003.
The end of Isis?
Although Isis might come to an end, a host of Islamist groups are sprouting to take their place.
In Syria, they are busy changing their names. The Syrian al-Qaeda affiliate has, for example, recently managed to get itself off terror lists in the US and Canada by rebranding for the nth time. Without a doubt this has been done with the tacit approval of the authorities of both countries. Turkey has effectively taken a number of these Islamist groups under its protection in Northern Syria, ready to use them against the Kurds, Assad and Iran when it suits them.
Saudi Arabia is cultivating another insurrection in Sunni Iraq, undoubtedly with similar sectarian colours to Isis. They are also keeping Al Qaeda groups alive in Yemen. When Trump some years ago accused Saudi Arabia of being behind 9/11 he was in part correct. The Wahabi Sunnis of Isis and Al Qaeda all have links to Saudi Arabia, receiving the direct support of the whole regime or at least parts of it, and there is no sign of that ending, for all their talk of fighting “extremism” and “terrorism”.
Africa is emerging as an increasingly important battleground between the West and the bastard children of the Saudi regime. French and US forces are fighting Boko Haram and other Islamist forces in Mali, Niger and Chad. The struggle in Somalia is also intensifying and Trump has given the US military increasing scope for intervention in the country in its fight against Al Qaeda linked Al Shabaab. Tunisia is also struggling to contain Islamists, and is likely to have its troubles magnified as Tunisian Isis fighters in Syria and Iraq filter back (estimated to number 5,000).
Many of the fighters that make up Isis are veterans of previous conflicts, shifting between conflict zones in West Africa, Libya, Somalia, Afghanistan, Pakistan, Syria and Iraq. They are like a roving band of zealous guns for hire. Likely they will reappear in other conflict zones, or commit terrorist deeds in the West.
The cost of imperialism
The conditions that prepared the way for the Isis are only getting worse. The mess created by Bush’s interventions in Iraq and Afghanistan was compounded by Obama’s reluctant intervention in Libya, and more enthusiastic intervention in Syria. The destruction of the Iraqi state has had disastrous consequences for the whole region. Imperialist interventions in the failed revolutions in Libya and Syria have only added to the mix of instability.
Most of the world is divided up between the major imperialist powers, with the US and its allies taking the lion’s share. The relative power of US imperialism is declining because of political blunders as well as a comparative lack of competitiveness of its industries. Into the breach step minor powers, like Iran and Turkey as well as more traditional powers like Russia. The inability of the US to impose its will on the region has left a vacuum that different powers are scrambling to fill, with devastating consequences for the masses.
The death toll in Syria has reached 400,000 and is likely more than 270,000 in Iraq. Aside from the loss of life, 5 million people in Syria have been forced flee their homes (25% of population) and 3 million in Iraq (10% of population). The economic devastation is immense. The financial cost of the civil war in Syria was estimated at $237bn by the end of 2015, and economic output has halved. This is partly due to sanctions. The wars in Iraq and the collapse of oil prices have meant that GDP per capita is almost down to the level of 1989, with much of the nation’s infrastructure in a mess. The recent collapse in GDP spells further disaster for the masses in Iraq and will fuel future conflicts.
As the imperialist powers compete for influence over the war-torn region, the suffering of the masses will increase apace. The working class in these countries is being destroyed and atomised. In its place barbarism is asserting itself more and more. Old tribal structures and religious ideas that ought to be confined to the European Dark Ages are experiencing a revival. For the majority of the population, the situation is desperate.
The capitalist system in its period of senile decay is bringing in its wake catastrophe after catastrophe. More and more countries are swept into an increasing maelstrom of conflict between the imperial powers. Only decisive action by the working class can bring an end to this horror.
Istanbul elections and the brewing crisis in Turkey 3 Jul 2019
US warmongering as Trump plays with fire in the Middle East 21 Jun 2019
Egypt: Morsi dead – the end of one class enemy at the hands of another 20 Jun 2019
Anti-Semitism and Anti-Zionism – setting the record straight 24 Apr 2019
The Arab Revolution: Manifesto of the International Marxist Tendency 14 Mar 2011
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What you should know about the district
Our mission is to enable our students, staff and community members to grow as responsible, productive and involved citizens who possess self-motivation, a love for learning and respect for others through participation in a comprehensive educational program.
We take our mission very seriously. We try to "enable growth through education" - among all of our stakeholders: the students, the staff and the community at large.
We endeavor to provide a sound education through a wise use of resources - human and financial - so that we can prepare our students to live in the 21st Century as responsible, productive adults and so that we can offer our community a sharing in that process. As we often say at Maryvale, "It starts with the community".
District - Vision, Mission and Beliefs
A diverse community, Maryvale Union Free School District is committed to creating a positive environment that provides a multitude of opportunities to enrich the lives and emotional and physical well-being of all.
Members of the Maryvale community are partners in the educational process to ensure that all students meet the New York State Learning Standards thereby acquiring the academic, technological and social skills necessary for life-long learning, cultural appreciation and productive citizenship.
A school district’s success is reflected by the success of its students.
It takes a whole community to educate children.
The best decisions are made by those closest to the point of implementation.
To effectively implement decisions, organizational support is required.
The school must make a connection, a bond with each child.
Maryvale has the primary responsibility for educating its students.
Parents need to share in the responsibility of educating their children.
Students need to accept responsibility for their own learning and actions.
The school environment needs to be welcoming, safe and respectful.
The district has a responsibility for continual staff development.
Reading is the foundation for all other learning.
Students need to have access to relevant technology.
All members of the school community should continually strive for excellence.
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Starting from*
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Maserati Squadre Clienti debut at the GT4 Championship
The Squadre Clienti Maserati prepare for the challenges in North America and Europe
The picture of the teams who will appear in the 2016 Maserati GranTurismo MC is taking shape. For the past six seasons, the cars have turned out in the Maserati Trofeo, a series that ended at Abu Dhabi (UAE) last December.
The vehicles have now been purchased by private drivers and teams before being modified to bring them in line with GT4 regulations. The main stages on which the cars will appear next season include the Pirelli World Challenge (PWC), in North America, the Competition102 GT4 European Series, the Euroseries by Nova Race as well as national GT championships.
The first date on the calendar is 28/29 February at the Paul Ricard – Le Castellet circuit, France. The two-day session is organised by SRO, the official promoter, and will see the Balance of Performance (BoP) take place to define the GT4 cars' technical spec for the upcoming season.
The Squadre Clienti Maserati that will definitely appear in Europe, mainly in the Competition102 GT4 European Series, are Villorba Corse and Swiss Team. Scuderia Giudici is still deciding which series to enter while English outfit Ebor GT will compete in the British GT. Alongside these teams will be other, private, drivers who purchased a car and will line up for the occasional GT4 event, in one or more series.
Maserati will ensure technical support and trackside spares, both in Europe and the USA. This will give the teams the chance to compete on a level playing field.
The GranTurismo MC GT4 itself is pretty much unchanged compared to the Trofeo version: a 4.700cc V8 engine, an electro-actuated transmission featuring paddle-shift commands, and a dry weight of 1410 kg. The main modifications have been the addition of an air duct to reduce the engine's power by 35 hp, a newly-designed spoiler and a rear diffuser that has been tweaked to compromise its aerodynamic efficiency so that it conforms to GT4 rules.
The Competition102 GT4 European Series
The opening round in the Competition102 GT4 European Series is tabled for Monza, Italy, on 24 April. It is then onto Pau, France, on 15 May. Silverstone (Great Britain) is up next, on 12 June, for a three-hour endurance event and then comes Spa, on 10 July, for another long, two-hour event; both in combination with the British GT Championship. Once the summer break is out of the way, it will be into the home straight at the Hungaroring (Hungary), on 25 September, and Zandvoort (Netherlands) on 9 October.
Before Pau, another Maserati GranTurismo MC GT4 is on track at Rockingham, England, in the British GT Championship. The number 60 car will be driven for Ebor GT Motorsport by Marcus Hoggarth and Abbie Eaton. In Round 1, at Brands Hatch, the British duo came home eighth in the GT4 category. The drivers and car showed their potential but a pit stop glitch and early finish (a red flag was brought out) influenced the outcome.
The Pirelli World Challenge (PWC)
The American PWC series is an intense one. Things get underway on 6 March at Austin (Texas) with the second round held just seven days later at St Petersburg (Florida). It is then onto Barber Motorsport Park (Alabama) on 24 April. On 22 May it will be the turn of the Canadian Tire Motorsports Park (Ontario, Canada) to stage an event. The circus will then move on to Lime Rock Park (Connecticut), on 29 May, Road America (Wisconsin), on 26 June, and the Mid-Ohio Sports Car Course (Ohio), on 30 July. 12 August will see the cars turn out at Utah Motorsports Campus (Utah), before the 18 September meet at Sonoma (California) and the grand finale at Laguna Seca’s Mazda Raceway (California) on 9 October. The Maserati GranTurismo MCs that will race in the GTS class will be fielded by different teams: JCR Motorsports, KPR Racing, RT Motorsports and Three Points Racing. XSpeed will announce his programs.
First podium of the season for Ebor GT
The Ebor GT team stepped onto the podium for the first time this season in the British GT Championship with their Maserati GranTurismo MC GT4. The crew, Marcus Hoggarth and Abbie Eaton, achieved second place in the GT4 class race 2 (fourteenth overall) in the third round of the championship held on the Oulton Park circuit over the weekend of May 28th.
This result is proof of the progress the team has made and bodes well for forthcoming events such as the next round at Silverstone scheduled for June 11th.
"Honestly, at one point I even started to toy with the idea of actually winning”, said Hoggarth, “but, unfortunately, the red flag which marked an early end to the race stopped us from doing more. In any case we are working well and on the right tracks. The Oulton Park circuit is twisty with short straights but we managed to find the right set up. We’ve learned something new and look forward to even better results in the next round."
Ebor GT makes the grade
The Maserati GranTurismo MC GT4 was up with the best in the second round of the British GT Championship. The Ebor GT team drivers Marcus Hoggarth and Abbie Eaton secured an awesome fourth place in the GT4 category, finishing fifteenth overall in the second round of the British championship season which took place at the Rockingham Motor Speedway on Sunday May 1st.
“Finishing up there with the champions in the second round is surely a good result,” proudly commented Ebor GT team manager Adrian Snook. “We are still working on the best settings for the car and every time we go out on the track we learn something new and improve our performance.
It's definitely a great experience to compete with teams, cars and drivers who have much greater experience than we have.” The British GT continues on 28th May at Oulton Park.
An incredible beginning
The Squadre Clienti Maserati had a fantastic showing at Monza on 23-24 April. The GranTurismo MC GT4s picked up two wins in the 2016 Competition102 GT4 European Series.
In Round 1, the scuderia Villorba Corse secured its debut win courtesy of the Anselmi/Sernagiotto crew before 2015 Maserati Trofeo World Series champion Romain Monti, from France, took race 2. In taking the title Monti also earned the chance to compete in a European championship race with Maserati staff providing back up.
The second 2016 event in the European calendar is Pau, France, on 14-15 May. The stage see Villorba Corse and Swiss Team cars competing, along with the drivers who have opted to link up with Maserati.
Maserati racing at Competition102 GT4 European Series 2016 - Monza
A Maserati one-two at Monza in the Competition102 GT4 European Series
Maserati claimed both races at Monza in Round 1 of the Competition102 GT4 European Series. It was a fine achievement for the Maserati GranTurismo MC GT4s as they made their debut in this European Series in the best way possible. Race 1, held on Saturday afternoon, saw the Luca Anselmi-Giorgio Sernagiotto crew from Villorba Corse take the win. On Sunday, victory went to Romain Monti.
It turned out to be a fantastic weekend for the team from Veneto: they also celebrated Patrick Zamparini-Alessandro Fogliani's win in the AM category (fifth overall), the third spot claimed by Piotr Chodzen and the twelfth place secured by his son, Antoni, in Saturday's event.
Romain Monti, was able to count on the backing of the staff that oversaw the Maserati Trofeo in years gone by and, thanks to his 2015 title in the single-make series, he earned the right to drive a round in a European GT4 series. The Frenchman pocketed top spot in Race 2 as he left the pit lane following his compulsory stop; he was fourth in the early stint. Monti claimed victory even though he was overtaken by two Chevrolet Camaros because the red flag was flown two minutes from the end, freezing the positions as they were on the previous lap when the safety car was on. Race officials decided to call time on the race as one of the cars had leaked oil all over the track, making racing too risky.
In Race 2 came another encouraging result for Villorba Corse as Anselmi/Sernagiotto took eighth and the pairing of Fogliani-Zamparini again finished on the podium with third in the AM category (tenth overall).
Completing the “Squadre Clienti Maserati” line up was Swiss Team, with its crew of Giuseppe Fascicolo-Mauro Calamia, winner of the 2014 Maserati Trofeo World Series. The Italo-Swiss pair were hampered by a suspension problem, one that made qualifying tough and race results a struggle.
Another name from Maserati Trofeo history, Alessandro Iazzetti, appeared behind the wheel of a GranTurismo MC GT4. He finished in eighteenth and twelfth, respectively.
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It depends on your definition of seniors. King’s comment could mislead readers to believe that seniors on Medicare face 800 percent premium hikes under the terms of the House bill, and that isn’t the case. The CBO report addresses the impact of the American Health Care Act on individuals up to age 64 who buy on the individual marketplace and not Medicare.
However, King does have a point that low-income, older Americans would be hit harder than any other group under the bill that passed the House and earned President Donald Trump’s applause.
Report says low-income seniors would face premium hikes
CBO researchers considered the effect of the bill on a few different age brackets, including consumers who are 64 years old and not yet on Medicare.
The May 24 report compares the average amount consumers who are 64 years old would spend in premiums under the current Affordable Care Act with what they would pay under the House legislation in 2026.
As written, the House bill would create two choose-your-own-adventure scenarios for states that decide to obtain waivers to certain "essential health benefits" under current law. Either scenario, CBO found, means steep increases for older, poorer Americans than under current law.
Here’s what the estimates say about average insurance costs for a person 64 years old who earns $26,500 a year in 2026:
• Under the Affordable Care Act, that person would pay a net of $1,700 in premium costs for an individual market plan after subsidies. (A 21-year-old and 40-year-old would pay the same amount.)
• That net premium rises to $16,100 for states not requesting waivers to certain "essential health benefits" under current law. That’s an increase of about 847 percent.
• For states that obtain those waivers, the premium rises to $13,600, or a 700 percent increase.
Due to those rising costs for low-income older Americans, the CBO predicted that many will lose insurance.
"Although the agencies expect that the legislation would increase the number of uninsured broadly, the increase would be disproportionately larger among older people with lower income — particularly people between 50 and 64 years old with income of less than 200 percent of the federal poverty level," the report states.
How the House bill drives up costs for older Americans
The reason that low-income consumers who are 64 would face such a massive hike in premiums is due to what happens to age rating and tax credit subsidies in the House legislation.
"The changes to the subsidies and age bands all explicitly increase net premiums for seniors. That piece of the CBO score isn’t really up for debate," said Chris Sloan at Avalere Health consulting.
Under current law, insurance companies can charge older adults up to three times as much as younger people based on their age. The House bill increases the ratio to five times as much starting in 2018.
Also under the current Affordable Care Act, tax credits are tied to income, so low-income older Americans receive large tax credits.
Subsidies under the House bill, however, are based on age rather than income. The credits also don’t vary based on the cost of insurance in a person’s area.
Tax credits for older adults under the House bill are only two times the size of that for younger adults, even though they face premiums that are five times as high, said Linda Blumberg, a health expert at the Urban Institute.
The CBO report shows that wealthier older Americans — 64 year olds earning $68,500 — would fare far better: They would pay a 5 percent increase in non-waiver states and an 11 percent decrease in waiver states.
Overall, the legislation would mean cheaper premiums for some consumers and higher costs for others, said Cynthia Cox, an expert at the Kaiser Family Foundation.
"If you looking for an extreme scenario — someone the most hurt by AHCA — it would be a low- income senior living in a rural area," she said. "The person benefiting the most is a young affluent urbanite."
The CBO figures are based on a national average; insurance premiums can vary from county to county with costs rising in rural areas, according to other estimates. TheKaiser Family Foundation’s map shows that under AHCA a 60-year-old earning $20,000 a year would face a 772 percent increase for a premium in Miami-Dade. The same senior would pay a 1,594 percent increase in the Big Bend’s Gadsden County.
The Senate has not released its version of the health care bill, which could result in a drastically different situation for older Americans. Trump officials have talked about making other legislative and regulatory changes that they say would drive down the cost of health insurance.
Our ruling
King said a Congressional Budget Office report shows that low-income seniors in Florida will face "800 percent premium increases" under the American Health Care Act.
King was referring to a report that analyzed premium costs for seniors who are 64 and therefore not yet on Medicare. The report showed that average premiums for a 64-year-old earning $26,500 will rise dramatically if the bill becomes law — between 700 and 847 percent depending on a state’s choices. That puts low-income, older Americans in a disproportionately affected position compared to other age and income groups.
But the King said seniors, which certainly would include people 65 and older. Most of those people are covered by Medicare. The CBO report does not apply to them.
King’s statement is partially accurate but missing needed context, we rate this claim Half True.
PolitiFact Florida
The statement: Says a Congressional Budget Office report found low-income seniors in Florida will face "800 percent premium increases" under the American Health Care Act.
The ruling: King was referring to a report that analyzed premium costs for seniors who are 64 and therefore not yet on Medicare. The report showed that average premiums for a 64-year-old earning $26,500 will rise dramatically if the bill becomes law — between 700 and 847 percent depending on a state’s choices. That puts low-income, older Americans in a disproportionately affected position compared to other age and income groups. But the King said seniors, which certainly would include people 65 and older. Most of those people are covered by Medicare. The CBO report does not apply to them.
We rate this claim: Half True.
Politifact Florida is a partnership between The Tampa Bay Times and the Miami Herald to check out truth in politics.
Doral opens new Emergency Operations Center
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Police name man wanted in the shooting death of 16-year-old outside 94th Aero Squadron
By Carli Teproff and
Charles Rabin
Police named the man wanted in the shooting death of Coral Gables High student Ana Alvarez-Hernandez, 16, outside the 94th Aero Squadron. Osniel Perez De La Osa is believed to have left the country, cops say.
MORE MIAMI-DADE COUNTY
Diaz-Balart votes against House resolution condemning ‘racist’ Trump tweets
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Israel army covered up settlers’ killing of wounded Palestinian father
April 16, 2019 at 1:59 pm | Published in: B'Tselem, International Organisations, Israel, Middle East, News, Palestine
Masked Israeli settlers watch after Palestinian fields were set on fire in the village of Asira al-Qiblyia in the northern West Bank on June 2, 2010. According to Palestinian villagers, Jewish settlers from the nearby Yitzhar settlement set ablaze their olive and wheat field. Photo by Wagdi Eshtayah
The Israeli army covered up the killing of a Palestinian father by illegal Israeli settlers, Israeli NGO B’Tselem has claimed.
Twenty-three-year-old Mohammed Abd Al-Fatah was killed near Huwara, a village located off route 60 south of Nablus in the occupied West Bank, on 3 April. Though media reports at the time stated that a “would-be Palestinian attacker was shot dead […] during an attempted stabbing near Huwara,” a B’Tselem investigation has revealed that in fact Abd Al-Fatah was killed at close range by armed Israeli settlers.
B’Tselem’s investigation provides a minute-by-minute account of the incident, saying that at 08:30 local time [06:30 GMT] Abd Al-Fatah crossed the road, stopping “by a dumpster across from the village square in the nearby village of Beita and started throwing stones at cars bearing Israeli license plates”. One stone hit an Israeli settler’s car, prompting the driver to pull over. “Then two gunshots were heard, apparently fired from inside the vehicle. The driver then got out of the car.”
The report continues: “At that point, ‘Abd al-Fatah was crouching among the dumpsters. [The Israeli settler] approached him and fired several more shots at him. A truck driving along the road also stopped, and the driver got out. He came over to stand next to [the settler], and the two men fired several more shots at ‘Abd al-Fatah, who was lying wounded on the ground.”
Despite being transferred to hospital, Abd Al-Fatah later succumbed to his wounds, leaving behind his wife and young daughter.
Euro-Med to EU: Stop funds for project serving Israeli settlements
B’Tselem also provides evidence that this series of events was subsequently covered up by the Israeli army. B’Tselem explains:
Minutes after the two settlers opened fire, Israeli military jeeps arrived on the scene. […] Eight soldiers [then] went into two nearby shops to check their security cameras. They dismantled a DVR [recording equipment] in one of the shops and left. About twenty minutes later, the soldiers returned to the shop, reinstalled the DVR and watched the footage. Two soldiers filmed the screen with their mobile phones. They then erased the footage from the DVR and left.
B’Tselem concludes: “Contrary to media reports, [the] shooting of ‘Abd al-Fatah was unjustified […] The Israeli security forces that arrived on the scene ignored these facts. They did nothing to arrest the two settlers, promptly drove the Palestinians away from the scene, and then addressed the urgent task of eliminating any footage of the incident, to ensure that the truth never comes to light and the shooters would not face any charges or be held accountable in any way.”
READ: New Israel government will impose sovereignty over West Bank
According to i24 News, the illegal settler who carried out the extrajudicial killing, Yehoshua Sherman, was an activist for the United Right Wing Parties (URWP). He had been on his way to a campaign event at the time of the killing, just days before the Israeli election on 9 April.
The URWP – a religious-Zionist alliance comprised of the Jewish Home, National Union and Jewish Power (Otzma Yehudit) parties – sought to capitalise on Sherman’s version of events for its election campaign, with the URWP’s second-in-command, MK-elect Bezalel Smotrich, saying his party was “committed to eliminating terrorists and restoring deterrence”. “Congratulations to the director of our field staff for his resourcefulness, determination and quick and professional action that saved lives,” Smotrich added.
Otzma Yehudit also used Abd Al-Fatah’s murder for its campaign, posting a photo of his bleeding body on its social media page with the party’s election symbol and the words “we don’t just talk the talk, we walk the walk”.
Smotrich and his allies in the URWP have developed close links with Israel’s illegal settlers, particularly in those settlements located near route 60. The highway has been the site of numerous attacks on Palestinians in recent months, including the killing of Palestinian mother Aisha Al-Rabi by a teenage settler, attacks on Palestinian vehicles, as well as an incident in which Israeli soldiers beat a Palestinian father and son in custody.
READ: Teen suspect in Dawabsheh case offered plea deal, right-wing activists urge not to sign
B'TselemInternational OrganisationsIsraelMiddle EastNewsPalestine
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MIKE SOUTHON bsc
MIKE SOUTHON bsc.
HIGHLIGHTS (edited versions of movies)
SHOWREELS - TRAILERS
MIKE SOUTHON BSC. ACO(hon).
Welcome to my website/archive. I hope you get some idea about my work as well as a sense of the aesthetic and practical thought processes that motivated what you see. To see notes click on the info button (i) below each video.
MIKE SOUTHON bsc aco(hon)
Mike joined BBC TV’s film unit at Ealing Studios and travelled the world on news, music and arts, documentaries and drama productions.
Recognition of his work first came with seven documentaries shot in Bolton England about the inner workings of a large hospital. The series won many prizes including the prestigious Prix Italia. He was principal cinematographer on BBC2’s ARENA which won five BAFTA’s in a row. He also worked on Omnibus photographing documentaries with The Royal Ballet and Ballet Rambert. He gained a reputation for working on “difficult” subjects including films about Sex Change and Remand.
Mike left the BBC to freelance. He quickly made his mark in music videos for artists such as U2, Prince , GEORGE MICHAEL, TORI AMOS, SEAL, MICHAEL BOLTON, DEPECHE MODE, winning two best photography awards for his MTV work for FREEDOM (George Michael) and NOVEMBER RAIN (Guns & Roses).
He has shot and occasionally directed award winning TV commercials for clients and companies around the globe.
Mike has photographed many features including, NUTCRACKER 3D for director, Andrei Konchalovsky, ST. GEORGE'S DAY for director Frank Harper, GOTHIC and PRISONER’S OF HONOR for Ken Russell. PAPERHOUSE for Bernard Rose, Universal’s KISS BEFORE DYING for James Dearden, Orion’s LITTLE MAN TATE for Jodie Foster, Castle Rock’s RUN OF THE COUNTRY and Interscope’s ROOMMATES for Peter Yates, Paramount’s EMILY BRONTE’S WUTHERING HEIGHTS, Interscope’s SNOW WHITE - A TALE OF TERROR for which he received 19th Annual CABLEACE Nomination for Best Cinematography and an ASC Nomination for Best Cinematography for a Mini Series made for Television Movies. Su Armstrong and Tony and Ridley Scott produced RKO 281 which was directed by Ben Ross and received a Golden Globe for Best Motion Picture made for Television. He works regularly with director Jamie Payne on one-off TV dramas , Lifeline, Little House, U B Dead and most recently Dr who.
In addition to his cinematographer duties Mike has directed the feature film Air Bud Strikes AIR BUD STRIKES BACK for Disney and BUBBLES a short film for producer Peter La Terriere
He has completed two screenplays, “Improperly Dressed” adapted from the novel The Antique Collector” by Glynn Hughes.
and “The Third Land” a ghost story set against the fall of Saigon.
As well as smaller arts documentary projects Mike directed and produced a 1 hour film entitled “PALMER & ME that follows the processes and forms contemporary artists use to create their reaction to living with one of Samuel Palmer’s 17 etchings.
Mike has recently produced & directed "The Millinery Lesson", a one hour documentary film about the career and extrordinary life of 93 year old Royal Milliner, Marie O’Regan and “Concord” a 30 minute film about painter Barrington Tobin.
He has just begun directing and shooting The Press (working title) a 55 minute documentary film about printmakers relationship with their presses.
He also directs & shoots fashion films for fashion labels, his latest being “To Live Without Hope” for the Ethologie label.
Mike is a Past President of the British Society of Cinematographers.
He has run lighting, lens and composition workshops at Camerimage, Poland and at The London International Film School in London where he also a mentor to past graduate Reem Morsi.
He is jury chairman for the BSC/ACO/GBCT Camera operator awards.
contact +44 (0)7525940268
email : mikesouthon@mac.com
© MIKE SOUTHON bsc 2019
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Perspective > CDC Expert Commentary
CDC Expert Commentary
New Sickle Cell Public Health Initiative
Althea Grant, PhD
This feature requires the newest version of Flash. You can download it here.
Hello, my name is Dr. Althea Grant. I'm an epidemiologist with the Centers for Disease Control and Prevention (CDC). As part of the CDC Expert Video Commentary Series on Medscape, I'm here to speak with you about a new initiative designed to reduce mortality, morbidity, and disability due to sickle cell disease.
In the United States, sickle cell disease affects an estimated 90,000-100,000 Americans. The disease occurs in approximately 1 of every 500 black American births and in 1 of every 36,000 Hispanic American births.
In sickle cell disease, the red blood cells become hard and sticky and look like a C-shaped farm tool called a "sickle." The sickle cells die early, which causes a constant shortage of red blood cells. When the sickle-shaped cells travel through small blood vessels, they get stuck and clog the blood flow. This can cause chronic pain, acute chest syndrome, stroke, and infection among other serious complications. Although symptoms and complications of sickle cell disease can differ for each person and can range from mild to severe, the health problems associated with the disease can be life-threatening. However, fewer than 10% of Americans with sickle cell disease have access to treatment centers that specialize in the management of this disorder and there is a lack of uniform information available about those living with the disease. Thus, there is still much that needs to be done to improve the overall health of persons who have sickle cell disease.
In response the CDC, National Institutes of Health (NIH), and 7 pilot states -- California, Florida, Georgia, New York, North Carolina, Michigan, and Pennsylvania -- are coordinating the Registry and Surveillance System for Hemoglobinopathies (called RuSH). RuSH is a surveillance system designed to collect information on sickle cell disease as well as another red blood cell disorder called thalassemia and their complications. Establishing a surveillance system for hemoglobinopathies is the first step to having a better understanding of how many people are affected by this disorder and their specific healthcare needs.
You can help make this project a success by supporting your state health departments in their data collection efforts when requested and by informing your patients about the surveillance program. The data collected from the RuSH program will be used to:
Evaluate sickle cell disease and thalassemia treatment services;
Develop new interventions and approaches to prevent health complications related to sickle cell disease and thalassemia;
Allocate resources for sickle cell disease and thalassemia research and treatment programs; and
Calculate a national prevalence estimate for sickle cell disease and thalassemia.
I appreciate how busy you are as a healthcare provider, and fully realize that asking for your participation in this endeavor adds to an already hectic schedule. However, supporting data collection efforts and informing patients with sickle cell disease and thalassemia about the RuSH program will not only help us to better understand these conditions, it will also help us in our prevention efforts in the future. For more information about CDC's hemoglobinopathies surveillance initiative, RuSH, please see the link on this page. Thank you for your time and consideration. We are grateful for your collaboration in this effort.
CDC Sickle Cell Disease
CDC National Center on Birth Defects and Developmental Disabilities, Division of Blood Disorders:
Information about sickle cell disease
Information about the RuSH project
Sickle Cell Disease Association of America
Althea Grant, PhD, is Chief, Epidemiology and Surveillance Branch, Division of Blood Disorders, National Center on Birth Defects and Developmental Disabilities (NCBDDD), Centers for Disease Control and Prevention (CDC). She received her PhD in Biochemistry and Molecular Biology from Emory University. Dr. Grant joined CDC in 2002 as an Epidemic Intelligence Service Officer in the Women's Health and Fertility Branch in the Division of Reproductive Health. From 2004 through 2007, she served as Epidemiologist in the Maternal and Infant Branch, Division of Reproductive Health. In 2007, she became the team leader of the Epidemiology and Surveillance team in the Division of Blood Disorders. In 2010, she assumed the position of Branch Chief of Epidemiology and Surveillance in the same division.
She serves as CDC's Project Director for the RuSH program and develops and oversees programs in several areas of blood disorders including hemophilia, deep vein thrombosis, sickle cell disease, thalassemia, hemochromatosis, and Diamond Blackfan anemia. Her interests include improving our understanding of genetic and environmental risk factors associated with health outcomes for blood disorders. She is the author of several research and reviewed papers.
Public Information from the CDC and Medscape
Cite this: New Sickle Cell Public Health Initiative - Medscape - Jan 31, 2011.
Chief, Epidemiology and Surveillance Branch, Division of Blood Disorders, National Center on Birth Defects and Developmental Disabilities, US Centers for Disease Control and Prevention, Atlanta, Georgia
Disclosure: Althea Grant, PhD, has disclosed no relevant financial relationships.
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Silicon Valley VC sues anonymous blogger over…
Silicon Valley VC sues anonymous blogger over sexually charged allegations
By Marisa Kendall | mkendall@bayareanewsgroup.com | Bay Area News Group
PUBLISHED: June 12, 2017 at 11:05 am | UPDATED: June 13, 2017 at 3:31 am
SAN JOSE — A prominent Silicon Valley venture capitalist is suing an anonymous blogger who he says falsely accused him of “sexually taking advantage” of her.
Anis Uzzaman, CEO of San Jose-based Fenox Venture Capital, says a post the woman published on a Japanese blogging site in March is hurting his professional reputation, and that of his firm. The unusual lawsuit comes as women in tech increasingly are taking to the blogosphere and social media to complain of sexual harassment and discrimination.
Some of those posts have gone viral and sparked change. Uber, for example, on Tuesday fired 20 employees for infractions ranging from harassment to bullying — fallout from a companywide investigation launched after a former Uber engineer claimed in a February blog post that human resources turned a blind eye when she complained of sexual harassment.
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Uzzaman and Fenox sued for defamation and libel in San Mateo County Superior Court last week, seeking an order that would remove the post from the web.
“Defendants intentionally posted the false statement online to cause damage to Plaintiffs’ reputation,” lawyers for Uzzaman and Fenox wrote in their complaint, “and aimed to maximize the damage to Plaintiffs by posting the false statement approximately two weeks before a large event hosted by Plaintiff Fenox.”
The blog post at the heart of the lawsuit, published two weeks before Fenox hosted its Startup World Cup events, describe alleged encounters between the post’s author and an anonymous Silicon Valley VC. The post, originally written in Japanese, was translated into English and included in the lawsuit. Uzzaman, who is fluent in Japanese, specializes in investments in Japan and South East Asia.
“I got sexually taken advantage of by a very famous Silicon Valley VC,” the blog’s author wrote. “It was not that I was in a relationship with him, I was just pushed around and taken advantage of.”
While she does not identify the VC in the post, she describes him and his firm in a way that makes it clear she is talking about Uzzaman and Fenox, according to the lawsuit. “A large number of people” saw the post online and some recognized its subjects and identified them in the comments, the Fenox lawyers wrote.
Lawyers for Uzzaman and Fenox told the court they don’t know the identity of the blogger, who was using a San Mateo County IP address, but they have been granted permission to subpoena Comcast as they try to find her. Meanwhile, they’ve sued 20 unnamed defendants, confident at least one wrote the post.
The blog’s author says she met the man in her post at a startup event and he invited her to dinner, according to the suit. During the meal he “came after” her, according to the blog post quoted in the lawsuit. He asked her to accompany him on a business trip and stay in a five-star hotel with him, and when she refused, he said she would miss out on a big opportunity, according to the blog post. The author claims he told her, “If I approve of you, I will invest in your startup,” which the author says was “almost like a dream” to her.
The entrepreneur claims the man ended up “pushing” her to go back to his hotel with him that night, although it’s unclear in the post whether she did so. After that evening, the blogger claims, he rebuffed her when she tried to contact him.
Uzzaman’s lawyers deny those allegations. They say in the suit Uzzaman did not meet a woman, ask her to go on a business trip and stay in a five-star hotel with him, and tell her refusing would be a missed opportunity. And he “did not push any woman to go to his hotel and afterwards tell her not to contact him,” according to his lawsuit.
The blog post also claims the man “takes advantage of” women working in his firm, including his personal assistant, according to the lawsuit — another allegation Uzzaman and Fenox deny.
Katrina Saleen, the Palo Alto-based attorney representing Uzzaman and Fenox, declined to comment on the litigation. Uzzaman did not respond to messages seeking comment, and a voicemail left in the general Fenox mailbox was not returned.
It’s unusual for people accused of sexual harassment or other unprofessional conduct to go after their accuser in court, as suing often draws more attention to the embarrassing claims, said San Francisco-based attorney David Lowe. But Lowe expects to see more of these cases in the future. When accusers call out their alleged harassers online, they open themselves up to the risk of a defamation lawsuit, he said. Sexual harassment claims filed in court, however, generally cannot be considered defamatory.
“In an era where people are increasingly tempted to blog about their experiences,” Lowe said, “or post things on social media or other platforms where the content is widely disseminated, it becomes more likely that you’re going to see these types of reactions and claims being brought.”
Marisa Kendall
Marisa Kendall covers housing for the Bay Area News Group, focusing on the impact local companies have on housing availability in the region. She's also written about technology startups and venture capital for BANG, and covered courts for The Recorder in San Francisco. She started her career as a crime reporter for The News-Press in Southwest Florida.
Follow Marisa Kendall @MarisaKendall
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Every Monday we will be bringing you an unsigned singer or band as part of our Independent Music Monday feature. This week, we caught up with Bisola find out more about her…
Where are you from and how did you first get into music?
I was originally born in London and have lived in London for many years but I also spent a lot of my childhood in Nigeria where my parents are originally from. I started writing songs regularly from when I was about 13 as the relationship with my parents got rocky around about then so I’d lock myself up in my room for hours and writing in my journal and coming up with song ideas which I guess was a form of therapy for me! Most of those songs were completely rubbish to be honest – either they sounded too much like a song on the radio or the lyrics and song structure just didn’t flow. Also a lot of the songs I wrote back then were quite depressing – even I wouldn’t want to listen to them now lol. But as with most things in life, the more you do it, the better you get at it. When I came back to London years later I joined a choir, ‘found my voice’ and started recording demos of some of my songs. I started getting positive feedback from total strangers on my songs and my singing it gave me the confidence to take the plunge to do it more seriously.
Ultimately I'm a singer first then songwriter second and so for me when I was growing up vocal powerhouses like Whitney Houston, Celine Dion and Mariah Carey were people I desperately tried to emulate. From a songwriting point of view people liked Babyface back then as it was quite impressive how he managed to write for such a wide cross section of artists and in a great range of styles when he was in his prime. In recent times singer songwriters like Adele and Ed Sheeran have certainly made an impact on me. I think ultimately I'm always listening out for people who try to bring a fresh and original approach to what they do. Also the lyrics to a song are so important it's got to make sense or use interesting lyrics or tell a compelling story.
I call it Soul Pop, I think of people like Adele and Emeli when I'm trying to explain my sound to people. Whilst it's not too RnB or Deep Soul you can certainly hear touches in there but the Pop feel to a lot of my music arrangement and style I think makes my music more accessible to a diverse range of people. Of course it also means I don't fit squarely into one box - and who wants to be in box anyway?
My latest single is called 'Be Yourself' which is one of those songs that does exactly what it says on the tin. It's encouraging you, me and everyone to be the best and most authentic expression of who they were created to be and live it out with freedom instead of worrying about what people say or trying live up to someone else's standards. Life's too short to waste time doing that as one thing I've learned in life is you can't please everyone anyway. There's always going to be someone who doesn't like this or that about you plus if you keep thinking by doing x or y for someone they'll do the same in return you might just get a bit of a shock when they don't come through for you... I'm sure some of those reading this will know exactly what I'm talking about!
I live just outside London but I still go into London for pretty much all my gigs as I'm more used to the vibe and know what to expect which can be a wide spectrum from those who really appreciate music and want to take in every moment of your performance and go with you on the ride to those who just want to hear you in the background as they're out enjoying their drinks or dinner. Clearly the former experience is way better for any artist. Overall London as everyone knows is so diverse and vibrant, you're spoilt for choice with the range of talent and styles of music out there. It's really a melting pot.
I'm hoping to release at least 2 more new tracks this year and currently trying to see which festivals I can play at over the summer so stay tuned for more details.
Great question I'm going to go a little on a limb and say Major Lazer. I'm really up for doing something with a DJ that could bring some interesting arrangements to the table and make it into something people want to dance to. That'd be interesting.
Yeah I turned up with my band for a performance once when I was still a bit green around the ears when it came to live performances. I hadn't thought to check with the venue if they had a keyboard available. I recall the night before the event at rehearsals the guy playing keys asked if there would be one at the venue and I naively said yes as I assumed that as it was a live performance venue they'd have all that stuff on hand. Of course we turned up and shock, horror there was none available... at that point panic set in 'cos they keyboard player lived hours away and it was too late in the day to hire one we could use. I was literally staring disaster in the face! Thankfully the keyboard player managed to track down a friend who lived not too far away from the venue that was willing to lend us a keyboard for the event. This story could have definitely ended badly. Phew!
What is the one thing that you want readers to know about you?
Everyone of my songs has a message, be it of hope, joy, motivation to do better or be better and so on. So it's worth listening closely to the lyrics to figure it out what that message is and when you do hopefully you'll enjoy listening to it even more next time round.
You can find out more about Bisola via Facebook, Instagram, Soundcloud, Spotify, Twitter or YouTube.
Independent Music MondayJenny Pugh 23 April 2018
Louise Golbey
Andrea Di Giovanni
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Josiah Scott ready to burn redshirt for ‘great challenge’ against Oregon in Redbox Bowl
Updated Dec 26, 2018 ; Posted Dec 25, 2018
Mike Mulholland | MLive.com
Michigan State cornerback Josiah Scott (22) runs a drill before their Big Ten football game against Purdue at Spartan Stadium in East Lansing on Saturday, October 27, 2018. (Mike Mulholland | MLive.com)
By Matt Wenzel | mwenzel2@mlive.com
EAST LANSING – One game for a whole season of eligibility.
That is the tradeoff Josiah Scott had to weigh.
The Michigan State sophomore cornerback could sit out the Dec. 31 Redbox Bowl and take a redshirt for the season or play and burn it. He is opting for the latter and will play when the Spartans (7-5, 5-4 Big Ten) face Oregon (8-4, 5-4 Pac-12) in Santa Clara, Calif.
“Josiah will play in the bowl game,” Michigan State coach Mark Dantonio said last week. “That’s his wish and we’ve talked about it at length and he sees it as a great opportunity to perform at a high level in a national game against a great quarterback (Justin Herbert) and great wide receivers.”
Scott declined to get into specifics about of why he reached the decision but is committed to finishing the season and giving up a potential fifth year of eligibility down the line by playing in his fifth game of 2018.
“The decision probably came a couple weeks after the (regular season finale against Rutgers), really sitting down talking to Coach D a couple times, talked to my family a couple times,” Scott said after practice Thursday. “We made the decision last week, somewhere around there, to play.”
All-American, Big Ten accolades validate Kenny Willekes’ ascent from walk-on to star
Willekes is a redshirt junior defensive end who earned second team All-American honors this season.
Scott, an early enrollee in the 2017 class, made an immediate impact for the Spartans. He started all 12 games in which he appeared, which set a record for a true freshman position player during Dantonio’s tenure. Scott had 30 tackles, two interceptions, a team-high 10 pass break-ups and a forced fumble.
Early in fall camp this year, Scott tore the meniscus in his left knee and underwent surgery to repair it, rather than having it removed. That meant a longer recovery period but was better for his long-term health.
After sitting out the first eight games of the year, Scott returned for a 24-3 win at Maryland on Nov. 3. He played all but one defensive snap and didn’t show any signs of rust. Following the game, Scott said unless Michigan State was going to contend for a Big Ten title, he would probably sit out one more game down the stretch to preserve a redshirt. That would have positioned him to take advantage of a new NCAA rule that allows players who appear in four games or fewer in a season to maintain a year of eligibility.
Given Michigan State’s schedule, the most-likely game Scott would have missed was against Rutgers, which brought a 10-game losing streak to East Lansing. However, Scott played an was a huge factor in the Spartans winning 14-10 on Nov. 24 to avoid an upset. He had a pair of interceptions, including one late in the fourth quarter to seal the victory.
“I felt like this game was way too important for us for me to sit,” Scott said after the game. “So, I felt like I made the right decision.”
Michigan State players support Justin Layne’s decision to skip Redbox Bowl before NFL draft
Layne, a junior cornerback, won't play against Oregon in the bowl game.
Once again, Scott is opting to play instead of sitting out. However, there is no guarantee he would even need a fifth year of eligibility.
“Three more years is a long time for him,” Dantonio said after the win against Rutgers. “Would he go (to the NFL) after two more years? I don't know. So, you've got to look at all those things.”
Scott’s decision to play against Oregon is even more significant because junior starting cornerback Justin Layne is leaving for the NFL draft and won’t be with the team for the Redbox Bowl. Although Dantonio said he was “disappointed” by the decision, Scott and his fellow teammates voiced support for Layne.
“I’m all in for it,” Scott said. “He became the man this year, he balled out, he did his thing, he did his time and he really did more than enough for us this year to be in this position to go ahead and forgo his senior year and everything like that. I couldn’t be more proud of him and I’m all in for it.”
With Layne out, the spotlight will be even brighter for Scott against a talented Oregon offense. Herbert has yet to announce if he will leave for the NFL draft but is widely viewed as a first-round selection. His top target is receiver Dillon Mitchell, who has 69 receptions for 1,114 yards and nine touchdowns this season.
“It will be a great challenge going against (Herbert) and then Dillon Mitchell also,” Scott said. “Just being able to go up against those guys that have a real good connection, it will be fun to go against them.”
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Merge cards
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MoboReader> Romance > My Mr. Soldier
Chapter 66 Go Home For Dinner
My Mr. Soldier By Xing Chen Characters: 10215
Read on Kindle
ASIN: B07K1FNZS8
Time passed, and Emily's funeral was held. As soon as they walked out of the cemetery, Cherry suddenly fell to Jackson's chest and fainted. Jackson didn't say a word, and instead held Cherry in his arms, heartbroken.
When they got back home, Jackson gently put Cherry on the bed, and quietly sat next to her.
He didn't leave his wife's side until she woke up, and as he looked at her emaciated face, he felt even more distressed than he was before.
One week passed, and Cherry changed greatly. She became silent and hardly spoke, and every time Jackson talked to her, she only replied to him by using her eyes, or by simply nodding or shaking her head. When she spoke, she uttered only a word, or maybe two.
Cherry ate less and less, and sometimes she would only have one small meal for the whole day. Jackson knew that this was also because of Emily's death, and he was worried about her very much. He had tried his best to comfort her, but all of his efforts had been in vain.
One evening, the couple was sitting on a deck chair on their balcony, under a starry sky. Cherry was lying obediently in Jackson's arms, and was looking up at the star-lit heavens, mute, and lost in thought.
Suddenly, Jackson whispered, "Honey."
Cherry didn't reply, and instead still looked up at the sky.
Jackson knew that Cherry had surely heard him, and continued, regardless of Cherry's silence. "Would you please talk to me? I want to listen to you."
At that moment, as he held Cherry's slender waist as tight as he could, Jackson's voice couldn't have been more tender than it was.
After some time, Cherry began to speak, "Jackson."
He was happy when he heard his wife finally speak to him. He quickly said, "Yes, I'm here."
"I miss Emily so much..."
Jackson didn't know how to comfort her.
He paused for several seconds, looked for the words, and said, "Honey, I'm sorry about Emily; it was all my fault. All of this wouldn't have happened if I hadn't misunderstood you in the first place..."
Jackson continued, "But Cherr, could you please just stop torturing yourself like this? Seeing you like this breaks my heart; I don't want you to be like this."
Jackson was almost in tears, but Cherry shed them first before he had the chance.
She burst into tears, and said, "Do you know something? In the whole world, the only two people that have ever treated me well are Emily and Wilson. They have never hurt me. When Wilson had to go abroad, I was left with only Emily, and she was very important for me, but now she...She's…"
Cherry then sobbed, and couldn't say anything more. She had never expected that Emily would die because of her, and if she had not come to her house, and not asked her for her help, then she would have still been alive.
Jackson once again tightly held her in his arms and comforted her, and said, "Honey, it's alright. Please, don't be afraid; don't be afraid; everything's going to be alright."
As she thought of the horrific scene, Cherry closed her eyes, and could not help but shudder. No
"You're my wife in name only, on paper only. My heart and love will never be yours."
Edward made it clear to Daisy that she was nothing to him. They were both victims of family greed -- the marriage was arranged for them.
Six years passed. She remained quiet, gaining a reputation in the army as a tough-as-nails colonel. When she walked into his life again, Edward fell in love with this woman...
Contents Hidden. To unlock please download MoboReader.
Free to Download MoboReader
ated his capability.
"Jackson, I believe in you that you can handle you relationship with Cherry. As for John, Lucia and Edwin have already told me what happened. John divorced Jean, and coming from my side, that's okay. The Shen family will never dare to do anything to the Ye family, but, if they ever want to do anything..." Andrew paused for a few moments, and continued, "Please tell Cherry beforehand that I won't let the Shen family off just because of her. I also have to protect the Chu clan, the Ye clan and also your elder sister. Even though she's my elder brother's granddaughter, she grew up together with you, and I can't see her suffering."
Jackson thought for a while and immediately understood what his grandpa meant. He said, "Grandpa, there's no need to worry about us, I'll talk with Cherry, rest assured. Cherry doesn't even get on too well with the Shen clan; Jade Qiao is her step mother, and Harrison didn't treat her well too. Do whatever you want to them; it's okay."
After he heard Jackson's words, Andrew was very happy, and said, "That's good, that's very good."
"Yes, Grandpa, " he said. Jackson was always very polite whenever he spoke with Andrew, or whenever he was in his presence.
Andrew suddenly smiled, and said, "Cherry must have been unhappy recently. You two come to the residential compound; I'll ask the housemaid to cook some delicious food for you. We'll have dinner together; I also miss Cherry."
Andrew's words enlightened Jackson. He wanted to make Cherry happy, but couldn't find the right way. Maybe if they had dinner in the residential compound, Cherry would be happy in his grandpa's presence.
"Okay, Grandpa. She's still asleep now, I'll tell her when she wakes up, " said Jackson.
"Okay, okay, " cheerfully said Andrew. "I'll ask the butler to go shopping and the housemaid to make the proper preparations right now."
After he said this, Andrew hung up the phone.
Jackson looked at the phone in his hand, and felt a little less gloomy than he was before.
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Web Exclusive! Alex Rüdinger of Good Tiger on the Group’s Sophomore Album, We Will All Be Gone
by Ben Meyer
MD checks in with the former drummer with the Faceless, Threat Signal, and the HAARP Machine on the occasion of his current band’s highly anticipated sophomore album, which is due out on February 9.
MD: We Will All Be Gone feels more developed, mature, and song-oriented than Good Tiger’s debut album, A Head Full of Moonlight.
Alex: That was the point! We definitely wanted the focal point to be the songs as a whole and Elliot Coleman’s vocals, largely.
MD: The vocals are well supported throughout the record.
Alex: He’s definitely the focal point. That’s what we wanted. And as you probably noticed, there’s no screaming on the album, and I think that’s more suited to his voice.
MD: That seems to be a trend lately, what with the new Contortionist and A Lot Like Birds records.
Alex: There’s no denying that as soon as you add screaming of any kind, the overall accessibility of it goes down considerably. Also, for me, I listen to so much stuff that’s not metal that’s it’s not a big deal to me. When we started the band, we wanted to go in a different direction, though we didn’t know exactly what that meant [at first]. I think everyone expected us to do heavy, screaming music because we’ve all been in bands like that, but that was really never the intention when we started. As on the first album, I wanted to write parts that worked for the songs—but then if you’re a drummer, there’s still something there for you. There’s some tough stuff on this album! [laughs]
MD: Have you made any significant gear changes recently?
Alex: On the first record I only used one rack tom and fewer cymbals. This time I added a 12″ tom back in. It’s the same setup that I use a lot in my videos—10″, 12″, 14″, and 16″. I came to find that whenever I’d be doing session work in between Good Tiger tours, I’d always want to have that other tom. It kind of got old changing my setup all the time, so I decided to move to a setup that would make more sense for everything. I also added another splash. I just like to have more sound sources sometimes.
MD: That’s two up and two floor toms?
Alex: Two up and two down, and one of the floor toms is to my left. I feel like the setup I’m using right now is probably going to stick for a while. Though I never make that stuff definite. I feel it’s just part of being an artist. You go through phases.
MD: Did Nolly [Adam “Nolly” Getgood] both engineer and produce We Will All Be Gone?
Alex: He co-produced it, engineered it, and mixed it. We also worked with Forrester Savell, who’s produced all the Karnivool and Dead Letter Circus albums. We’re all really fond of those two particular bands, and he had expressed interest in working with us and Nolly. We flew him in from Australia to England and we tracked the album in South Devon, U.K., at Middle Farm Studios, the same place as our first album. Forrester was really the main producer on the album. We worked with him on song structures and the general idea of what we were going for. We wanted a slightly different sound from A Head Full of Moonlight. We didn’t want it to be quite as aggressive sounding. I think that played a role in the guitar tones and the drum mix to an extent.
MD: The drums aren’t as in your face as some records in this genre. That seems to be a trend among some recent releases as well.
Alex: I think Nolly did a really good job of accomplishing that goal, but still bringing a lot of the finer details to the forefront.
MD: That could be part of why this album feels more song-oriented. The grooves are more open-sounding compared to A Head Full of Moonlight—on “Float On,” for instance.
Alex: It’s funny that you mention “Float On,” because it’s one of the simplest songs on the album in terms of the drums, but it’s by far my favorite song to play. It hits hard and there are some cool fills and grooves, but I just feel like I can really lock in on that song because it’s so straightforward.
MD: On “Float On” and “Salt of the Earth,” you use the snare drum melodically as part of the pattern. Is that intentional, or does that just kind of happen from your left hand comping getting louder?
Alex: I think it’s a combination of things. I used to play ghost notes very unnaturally because I used to write stuff in Guitar Pro before I really gave a hoot about feel, so I’d end up coming up with these ghost-note patterns that were very unnatural compared to how you would normally play them, just filling in the space where it’s convenient. A lot of it came from that in my background, and also developing more of my own feel as I’ve gotten older. It’s kind of a combination of writing parts that are unnatural and then also having developed and playing things that feel more natural. Particularly on “Salt of the Earth,” there are some ghost notes that are played in places that are a little unnatural. That song is probably my other favorite to play live, because of that. When I’m playing more organic ghost-note patterns, I’m leading with my right hand on the cymbal and my left hand is on the snare because I’m right-handed. Some of the more unnatural patterns, particularly when the snare is on the up beats, my left hand is on the cymbal and my right hand is on the snare. That song is a lot of fun to play.
MD: Those snare drum patterns are a big part of your voice as a player. Those more intentionally placed patterns are apparent on the first Good Tiger record as well. They don’t seem nearly as automatic as normal ghost notes.
Alex: They’re definitely more abrasive and present. It’s trying to find a balance between doing something original and something that I feel expresses my voice, but that isn’t so out there that it distracts people. I think as I’ve gotten older and I’ve grown less concerned with being “tech” for the sake of being tech, I think I’ve been able to find more of a balance there.
MD: Was this album crowd-funded at all?
Alex: No. The first one was, but we used how well that crowd-funding campaign went as leverage to get a good record deal. This album was done through our contract with Metal Blade on an imprint called Blacklight Media. They brought us on because they wanted some bands that were a little bit different from what they have on the rest of their roster, which is mostly more extreme. They wanted to branch out a bit. This is our first record under Metal Blade.
MD: Talk about the pattern, sounds, and approach on “Cherry Lemon.”
Alex: That was a kind of a last-minute idea. We basically wanted to create a really weird loop, and that’s what that song is. I did all of the drum editing on this album, which I did on the first album too. We want to keep it as natural as possible, and there’s some minor slip editing, but for the most part it’s very organic and real. For that song, I basically cut up a variety of the same basic loop played with some minor changes, and copy/pasted it together.
That song is probably the most unnatural feel on the album because it’s a loop. It’s not a full-on performance. We went for a completely different drum sound on the album. We used my main Tama setup for the majority of the album. A few parts, specifically the middle section of “Such a Kind Stranger” and the entirety of “I’ll Finish This Book Later,” were done on a different kit. It was one of Nolly’s kits with a 24″ kick and 13″ and 16″ toms. On “Cherry Lemon,” it’s my kit but we detuned the snare and toms, put tape all over them, and used different cymbals that were also covered in gaff tape. We were going for the super lo-fi, weird thing and trying to capture a cool sixteen-bar loop with some variations. I really like that song. We had so much more time in the studio that we were able to do some textural things that we didn’t have time to do on the first album.
MD: You can definitely hear that attention to detail.
Alex: In my opinion, that’s what really separates a band that takes the time to record real instruments as opposed to just programming it. Drum programming has a place in production, but for doing a real album, if you have a musician that’s good enough to track and you have the time to dial everything in and do something really unique, I think that brings new life to an album.
MD: Talk about the drum festival appearances you’ve done recently.
Alex: I did the Meinl Drum Fest in Germany and the Switzerland Drum Festival in Zurich. Both were phenomenal, though the Meinl fest was definitely higher stress. It wasn’t because of what I was performing, but mostly because I knew so many people there. A lot of my friends were there from all over the world, plus a bunch of people that I’d talked to online but never met in person, like Sebastian Lanser [Obscura, Panzerballett]. There were also a bunch of phenomenal drummers that I’ve looked up to and listened to for years that I was playing alongside. It was also being recorded, and it was in front of 3,000 people. My reps from Tama were there too. I enjoyed it, and I’m really happy with how it all came out.
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Home 〉 News & Blog 〉 Contaminated blood; where are we?
Contaminated blood; where are we?
Just recently contaminated blood victims won the right to sue the Government over the handling of the affair. This blog, by Simon Bransby, a specialist clinical negligence lawyer at Morgan Jones Pett, explains where we are now.
The cases go back to blood clotting products used in the UK in the 1970’s and 1980’s, made from plasma which came through donations from high risk sources, paid donors in the United States and prisoners.
The products caused haemophiliacs to be infected with illnesses such as Hepatitis C and HIV with several thousand people having died.
The Government had attempted to block the latest legal proceedings whilst a public enquiry deals with matters but, thankfully for victims, a Judge in the High Court has ruled that the cases can proceed. The Prime Minister Theresa May, announced in July this year that there would be an investigation and it is hoped that a public enquiry will be set up, however to date no chair has appointed nor terms of reference agreed.
Payments were made out to families in the 1990’s but Claimant’s argue that they are invalid as key facts were withheld at the time from surviving patients and bereaved relatives. Freedom of Information request results have strongly suggested the risks were known from at least 1983 but not passed on to patients until 1986/1987.
The claims being made will be part of a group litigation claim. It is likely the Court will make an Order that all the cases are dealt with together.
The group litigation order will mean that parties wanting to add themselves to the main action will have until a particular time to do it. If you feel you have possible clinical negligence issues related to this scandal then call Simon Bransby on (01603) 877000.
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As milk prices decline, worries about dairy farmer suicides rise
As the nation's dairy farmers struggle through their fourth year of depressed milk prices, concerns are rising that many are becoming depressed themselves. The outlook for the next year is so bleak, it's heightening worries -- especially in the Northeast -- about farmer suicides.
Agri-Mark Inc., a dairy cooperative with about 1,000 members, saw three farmers take their own lives in the past three years. The most recent was last month. It's a very small sample, but very sharp and disturbing increase.
"It's tough to keep your head up with all of what's going on," says 55-year-old Will Rogers, a ruddy-faced white-haired farmer who has 75 cows on his farm in Warren, Mass. Out in his barn milking cows at the crack of dawn, as he does every single day, Rogers says farming is his calling, just as it was for his father. It's hard to reconcile such a wholesome way of life, he says, with farmers taking their own lives.
"What [we] do here, this is nature's way, God's way," he says. "This is life, this sustains life."
But it's increasingly hard to make a living. Rogers says the price he's getting for milk these days is what he made several decades ago. It's about 75 percent of what he needs just to break even. And the stress is only mounting as milk prices continue to fall, due to a global oversupply of milk, and lower prices overseas.
"I don't see any relief in sight," Rogers says with a sigh.
Minnesota:Farmers struggling with low milk prices find little help from safety net
2016:Low prices force some farms to their knees financially
Knowing farmers' despair, Agri-Mark wanted to help. The Co-op pays its member farmers for their milk, which goes into its own brands of Cabot and McCadam cheeses, as well as others. When it came time to mail farmers their milk check this month, Agri-Mark also included a chart showing the dismal 2018 milk prices forecast, and a list of suicide prevention hotlines.
"I personally just felt my heart sank," Rogers says. "It created a lot of distress."
Especially since his own father committed suicide 30 years ago, during another down-cycle for farmers.
"It released a lot of emotion that took me years to deal with," he adds. "When I opened that letter, everything came flooding back to me."
While he believes the letter was well-intentioned, Rogers says it was so brusque and so grim - without even a shred of hope to hang on -- he fears it could hurt more than it helps.
"It's almost like a self-fulfilling prophesy," he says. "It could throw [some farmers] over the edge. It was so 'doom and gloom,' [farmers] might think 'I might as well just check out, there's no point going on.'"
Rogers says the letter could have struck a more hopeful note, for example, by updating farmers on legislative efforts to get a more favorable 2018 Farm Bill passed by Congress. Or he says, it could have noted prospects of improving the "safety-net" insurance program for farmers, which as it turns out, was signed into law days later as part of the most recent federal budget deal. And Rogers says, instead of sending a cold letter, Agri-Mark could have sent a field rep in person, or could have checked in by phone.
Agri-Mark acknowledges its letter was blunt, but Blake Gendebien, a farmer and member of the Board of Directors, says, it was meant to get farmers' attention, as quickly as possible.
"We knew there was no great way to do it," Gendebien says. But "we decided a letter with the check would be best, because everyone opens a letter with their milk check." He calls it "courageous" that Agri-Mark addressed the issue head on, and "ran away from the stigma that mental health is something that we should all hide in our closets."
Daniel J. Reidenberg, managing director of the National Council for Suicide Prevention, agrees. As disturbing as it may be, he says, talking about suicide does help more than it hurts. And Riedenberg says Agri-Mark was right to reach out.
"I'm not saying that their approach was the best approach or was worded in exactly the right way," Reidenberg says. "But the idea that they wanted to do the right thing and try to save people and literally save their lives was a remarkable effort. We need to do everything that we can before it's too late."
According to the Centers for Disease Control and Prevention, farmers, as a group, have a higher suicide rate than any other occupation, even twice as high as vets.
Experts say farmers face a kind of "perfect storm" of financial pressure and a sense of powerlessness in an industry where prices are set by the government, combined with social isolation, and a self-reliant spirit that may make them loathe to seek help.
Farmers are taught to "cowboy up, tough it out, be a man," says Robert Fetsch, who's studied farmers and ranchers at Colorado State University. "Many are scripted to be afraid to reach out for help, and afraid to say 'I'm hurting.'"
Gendebien says farmers also bear the weight of their family legacy.
"They're feeling 'my grandfather was able to be successful, my father was able to be successful, and look at me, I can't do it,"" Gendebien says. "It's too much to bear."
On top of all that is what clinical psychologist and Iowa farmer Michael R. Rosmann calls the "agrarian imperative."
Many farmers do what they do because of a "deep urge ... a calling to produce the essentials for life that the human species need," he says. While others might have considered career changes, he says farmers persevere in the face of overwhelming obstacles, and end up feeling hopeless.
But Rosmann says, in this unusually protracted down-cycle, he sees signs that farmers are more willing to reach out for help, as he's been getting several calls a week from farmers seeking assistance. "There was a time when people wouldn't reach out nearly as much as they do now," he says. "It's changing."
Next month, Agri-Mark says it'll start offering free counseling to farmers, and will continue their suicide awareness and prevention efforts.
It's not just individual farmers lives at stake, but also New England's landscape and character.
The 850 farms that dotted the state of Massachusetts 30 years ago, have now dwindled down to under a hundred, says Agri-Mark spokesman Douglas DiMento.
"I used to work for the biggest dairy farmer in the state in Georgetown, Massachusetts," DiMento says. "That's now the Georgetown Country Club. And you see that taking place throughout southern New England, where land values [and labor and energy costs] are high. Why milk cows if you can sell your land and make millions?"
For his part, farmer Will Rogers says he's not sure how much longer he'll be able to keep his farm going.
In order to stay afloat, he's started to diversify, selling hay, firewood, cornstalks, pumpkins, sweetcorn, raw milk, and a little bit of beef, along with his milk.
"It takes all the berries to fill the basket," he says. "But I'm still short a few berries. How much can one man do?"
But Rogers can't fathom doing anything else.
"This isn't a job. It's a way of life, and what I was put on this planet to do," he says. "Not many of us are doing this to be driving Cadillacs. This is our heart and soul."
Rogers says his heart will continue to ache over the recent suicides, and he's still rattled by the harsh letter he got. But, he concedes, the controversy did get farmers talking, and if it saves one farmer's life, he says, it will have been worth it.
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Home News Videos Shop Shows Gig History Musicians Contact
Zashiki Warashi is a Taiko (Japanese drums) and Flute Duo based in London, UK named after a mythical being, from the ancient Japanese folklore, that likes to cause mischief in a household while it brings a good fortune and wealth to the family.
Akinori Fujimoto and Mikey Kirkpatrick began the Zashiki Warashi Drum and Flute Duo in 2004 whilst studying at Goldsmiths College, University of London, as a way to connect their interest in acoustic and electronic music from around the world with their spiritual and philosophical discussions in a playful way.
In September 2018, the pair have focused their attention on the simplicity of combining Japanese Taiko with the Western Flute, finding common themes in our cultures, often centred around the imagination, nature, daily life and death.
Just like 'Zashikiwarashi' likes to cause mischief, elements of playfulness is a part of their compositions.
By signing up you agree to receive news and offers from Zashiki Warashi. You can unsubscribe at any time. For more details see the privacy policy.
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Other Game Reserves
Nestled at the base of the central Usambara Mountains, the Amani Nature Reserve is well off the beaten path of the usual safari circuit, but makes a perfect stopover on longer trips and while driving to the Swahili Coast. It’s quiet, tranquil setting offers the perfect opportunity to relax from the rigorous schedule of vehicle-based safaris. Although the area has been the focus of conservation efforts and botanical research for over a century, the Amani Nature Reserve has only been a protected area since 1997. International efforts to preserve the beauty of the Usambara forests within its boundaries have met with much local success.
Guided nature walks, prohibited in Tanzania’s national parks, are a unique feature of the nature reserve and offer an exciting opportunity to view the flora and fauna of the area up close. For the aspiring African botanist, Amani Nature Reserve’s incredible diversity of plant life -- between 600 to 1,000 different species -- is sure to attract. The East Usambara Conservation Area Management Programme created and maintains the nature trails, as well as training guides in an effort to encourage village collaboration and conservation efforts. Short or long walks can be arranged, and the guides are very knowledgeable about local species, bird and insect life, and traditional plant uses.
Kigosi
Kigosi Game Reserve is an important breeding area for rare water birds including the Wattled crane and Shoebill stork. The area consists of woodland in the north and grassy swamps in the south.
Lukwika-Lumesule
Closed to visitors during the hunting season (from July to December) to accommodate private hunting safaris, Lukwika-Lumesule Game Reserve welcomes visitors only six months of the year, but heavy rains restrict access to only a few weeks in June. The reserve adjoins the Niassa Reserve in northern Mozambique and although wildlife ranges freely through the Ruvuma River that separates the two, there are no bridges or border crossings for visitors.
Maswa
Maswa borders the south west part of Serengeti National Park and is an extension of the Serengeti ecosystem. The reserve consists of river valley thickets, acacia parkland and open plains, making it an ideal walking area.
Monduli Mountains
Monduli Mountain lies north of Arusha and overlooks the floor of the Great Rift Valley. Both leopard and buffalo can be found in the forest areas while the plains are alive with other species.
Msangesi
A small game reserve near Tanzania’s southern border with Mozambique, Msangesi, like the Lukwika-Lumesule Game Reserve to the south, is open only to private hunting safaris during the July to December season. Concentrations of game are lower than in other national parks and game reserves, and heavy rains from March to May limit visitors’ access to only a few weeks of the year.
Ugalla
Ugalla can be found in the centre to west of the country and is a large reserve situated on the Ugalla and Wala rivers. The flood plain alongside the rivers provides year round water for elephant and other game.
UPDATED: Sep 9th 2016
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https://www.mysanantonio.com/news/environment/article/Rare-spider-again-bites-construction-4307810.php
Rare spider again bites construction
Water pipeline forced to stop.
By Colin McDonald and Vianna Davila
Updated 11:58 pm CST, Monday, February 25, 2013
Braken Bat Cave Meshweaver.
Photo: Courtesy Photo / Jean Krejca, Zara Environmental LLC
The rare, federally protected spider that gained fame for stopping a highway project has also blocked a water pipeline.
With less than 1,500 feet to go, construction of a six-mile, $11 million pipeline was halted after the discovery of the endangered Braken Bat Cave meshweaver at Loop 1604 and Texas 151, the board of the San Antonio Water System was told Monday.
SAWS contractors were boring below 1604 for the pipeline in August when a different company working for the Texas Department of Transportation exposed a cave nearby that was home to the spider.
Because of that discovery and the threat to the spider, which has been seen in only one other cave anywhere, the U.S. Fish and Wildlife Service, which enforces the federal Endangered Species Act, stopped all construction at the intersection.
According to SAWS, the pipeline contractor was paid $250,000 to remove all equipment from the site in early October. Since then, SAWS has been trying to figure out how to complete the pipeline.
“All of this is still up in the air,” SAWS spokeswoman Anne Hayden said.
TxDOT is still redesigning the 151 underpass at 1604, said Josh Donat, spokesman for the agency's San Antonio office.
“We are working on trying to get this going again as quickly as possible,” he said.
SAWS could wait for TxDOT to figure how it is going to protect the spider's cave or proceed with its own alternative route.
Only one spider was found, and it's unknown if there are more spiders in that cave or others nearby.
The 48-inch pipeline would bring water from the Micron Pump Station to the Anderson Pump Station, which serves the far West Side from the University of Texas at San Antonio's campus off 1604 to SeaWorld.
Hayden said the area will not face water shortages while there's a delay but that the pipeline would add reliability to the system and help accommodate future growth.
Either option for completing the pipeline will set the project back years.
Just getting a permit from the Fish and Wildlife Service to build in an area that is known to have endangered species can take two years, said SAWS legal counsel John Reynolds.
He also pointed out to the board that the issue of protecting endangered species is not going away.
SAWS has already invested $16 million in designing a pipeline that would bring water from South Bexar County to the North Side. Plans for the last segment of this 45-mile pipeline have it cutting through areas that the Fish and Wildlife Service has identified as having a high probability of hosting endangered species.
Because it does not use federal money, SAWS does not need a federal permit to build in such an area. But if SAWS discovered an inhabited cave while digging, it would have to stop all work and deal with the Fish and Wildlife Service, just as TxDOT is.
The SAWS board will be discussing its options next month.
cmcdonald@express-news.net
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Retrospective: April-June 2018 Outlook
New Zealand’s regional climate over April – June 2018 was expected to be driven by persistence of more northeasterly airflow than normal. The northern Tasman Sea was expected to remain unsettled, with lower pressures than normal, bringing the likelihood of significant rainfall events to the North Island and the upper South Island. Actual pressures were much lower than normal across the country with more westerlies than usual for the North Island and more South westerlies for the South Island.
Predicted air temperature: April – June 2018 temperatures were forecast to be above average for all regions of New Zealand with high confidence.
Outcome: Actual temperatures were above average for most of the North Island and the Tasman district, while the South Island saw mostly near average temperatures.
Predicted rainfall: For April – June 2018, rainfall totals were forecast to be above normal in the north and east of the North Island, near normal in the west of the South Island, and near normal or above normal in all other regions.
Outcome: Actual rainfall was above normal for the majority of the North Island with the exception of the Far North, Taranaki and parts of Gisborne where rainfall was near normal. In the South Island, rainfall was largely near normal with the exception of Canterbury and parts of Marlborough, where above normal rainfall
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3 Bed Semi-detached house
Price from £144,950
Image 1 Image 2 Image 3 Image 4 Image 5 Image 6 Image 7 Image 8 Image 9 Image 10
Cobblers Ave, Tamnamore Road, Killyman, Dungannon
Select a brochure - Select a brochure - Site Layout (PDF 85.8KB) Floor Plans (PDF 397.6KB)
Exclusive new development of 8 Semi detached houses finished to a high specification
3 Bedrooms, 1 ensuite
Full turnkey package
Situated on the edge of Killyman village
Prices from £144,950
Variety of House Types available
For further details please contact our office & to register your interest
Small exclusive development of 8 No. 3 bedroom semi detached houses Situated on the edge of Killyman village Finished to a high specification with full turnkey package Variety of House Types available Prices from £144,950
COBBLER'S AVENUE!
Exclusive Development of 8 New Build Semi - Detached houses
Full turnkey finish as follows:
Fully fitted kitchen (choice of finishes) with integrated fridge/freezer, dishwasher, oven and hob with extractor fan
Utilty units fitted (choice of finishes), space for washing machine/tumble drier
Bathroom, W.C. and ensuite fullly fitted with tiling to floors, splashback tiling to baths and W.H.B. and fully tiled shower cubicle
Choice of floor tiles for kitchen. hallway, utility and downstairs W.C.
Fitted black solid fuel stove, hearth and mantle
Carpeted living room, stairs, landing and 3 bedrooms
Painted white ceilings and 1 colour throughout
Painted skirting, architrave and spindles on staircase
Quality pre finished oak internal doors
uPVC double glazed windows and doors
Oil fired central heating (condensing boiler)
High insulation specification dwelling to give Energy Efficiency rating Grade B
Tarmac driveway with paving flags to pedestrian paths
External walls part brick and part dash
Gardens levelled, top soiled and sown out for grass
House type 3 - 1150 sq ft
Ground floor: Hallway with W.C., living room, understairs cloak room, kitchen, utility room with walk-in store.
First Floor: Landing, 3 bedrooms (1 with ensuite), bathroom and hot press.
Ground Floor - Approximate Dimensions
W.C.
Living Room............................3.5x4.4m
Kitchen/Dining.........................4.0x4.3m
Utilty........................................1.8x3.0m
Store.......................................1.8x1.1m
Master bedroom......................3.2x3.9m
Ensuite....................................1.5x1.9m
Bedroom 2..............................3.5x3.2m
Bathroom................................2.4x2.9m
Some images are computer generated and for illustration only.
House Type 2 Site 3 & 4 ... site 3 1150 sq ft, site 4 1195 sq ft
House Type 1 Site 5,6,7,& 8 ... 1180 sq ft
If you require Mortgage Advice, please contact our office and you can speak with our Independent Financial Adviser
I am interested in Cobblers Ave, Tamnamore Road, Killyman, Dungannon. Please contact me about this property.
House Type 1, Cobblers Avenue, Killyman, Tamnamore Road, Killyman, Dungannon
3 Bed Semi-detached house For Sale (2 homes)
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Home / Attorneys / Jeffrey W. Courter
Jeffrey W. Courter
jwc@nyemaster.com
Jeff Courter is a shareholder in our Business, Finance, and Real Estate and Litigation Departments. His practice is concentrated in the areas of creditor rights and bankruptcy. Jeff routinely represents clients across the state of Iowa in all types of creditor rights matters, including foreclosures of mortgages and security interests, replevins, breaches of contract/lease, and suits on notes. He also represents clients in bankruptcy matters throughout the state of Iowa and across the country, including defending preference actions and prosecuting complaints objecting to discharge/dischargeability of debt, reclamation claims, objecting to confirmation of Chapter 11, 12, and 13 plans, and other creditor matters in bankruptcy cases.
Jeff has served on the Section Council of the Iowa State Bar Association's Commercial and Bankruptcy Law Section and is a past Chair. He is a member of the American Bankruptcy Institute. Additionally, Jeff served as a law clerk to a Federal Bankruptcy Judge as well as law clerk to the Chief Justice of the Iowa Supreme Court.
Jeff is also heavily involved in community activities and has served in leadership positions for a number of groups including, among others, the Des Moines Area Community College Foundation, University of Iowa Alumni Association, Greater Des Moines Leadership Institute, Iowa State Civil Rights Commission, Rotary Club of Des Moines A.M., Iowa Alliance for Choice in Education, Dowling Catholic High School Foundation, and Wakonda Club. He has been recognized by both the Des Moines Business Record and the Des Moines Register for his community leadership accomplishments. Jeff has also been active in local, state, and national political campaigns for the past 30 years, and is hopelessly addicted to golf.
Bankruptcy and Creditor Debtor Rights/Insolvency Reorganization Law
Litigation - Bankruptcy
Great Plains Super Lawyers, Bankruptcy & Creditor/Debtor Rights, 2013-2017
Commercial and Bankruptcy Law Section, Council Member, 1999-2002; Chair, 2002; Chair, CLE Committee, 2000-2001
Business Law Section
Litigation Section
Federal Bar Association
Secretary, 1999-2004
University of Iowa Alumni Association, Board of Directors, 2010-present; Chair-Elect, 2013-2014; Chair, 2014-2015; Past Chair, 2015-2016
Member, University of Iowa Presidential Committee on Athletics, 2016-2021
Wakonda Club, Board of Directors, 2007-2009, 2011-2014; Secretary, 2011; Vice President, 2012; President, 2013; Past President, 2014
Member, Rotary Club of Des Moines A.M., 1993-present; Vice Chair for Program, 1995-1996; President-Elect, 1999-2000; President, 2000-2001; Past-President, 2001-2002
President, Rotary Club of Des Moines A.M. Foundation, 2005-2006
Iowa Legal Aid Society, Dean's Cup Planning Committee, 2005-present
Greater Des Moines Leadership Institute, 1991-1992; Board of Governors, 1992-1997; Chair of Fundraising Committee, 1992-1993; Chair of Alumni Committee, 1993-1994; Chair-Elect, 1994-1995; Chair, 1995-1996; Past-Chair, 1996-1997; Community Match Volunteer of the Year Award, 1997
Board of Directors, Des Moines Area Community College Foundation, 1995-2005; President, 1996-2002
President, Iowa Alliance for Choice in Education, 2006-2008; Parent Advisory Board, 2006-2010
Commissioner, Iowa State Civil Rights Commission, 1992-1997; Vice Chair, 1994; Chair, 1995-1996
Board of Directors, Friends of Iowa Civil Rights, Inc., 1996-1998
Board of Directors, Dowling High School Foundation, 2015-present
Member, Des Moines Register Advisory Council, 1992-1994; Chair, 1993
Des Moines Business Record “Forty Under 40" - Community Leadership Award, 2001
Iowa "Up and Comer" by The Des Moines Register, 1993
Banking and Secured Transactions
Creditor Rights and Bankruptcy
Banks and Financial Institution Litigation
Iowa State University (B.S., with honors and distinction, 1984)
University of Iowa (J.D., 1987)
Admitted to practice in all state and federal courts in Iowa and the Eighth Circuit Court of Appeals.
A Primer on Creditor Collection Rights in Bankruptcy, Iowa State Bar Association Corporate Counsel Section Webinar (2017).
Assignment and Assumption of Executory Contracts and Unexpired Leases, 32nd Annual Iowa Bankruptcy Law Conference (2013) (Speaker with K. Stanger).
Case Law Update, 22nd Annual Iowa Bankruptcy Law Conference (2003) (Speaker).
Bankruptcy Nuts & Bolts, Iowa Independent Banks Hot Topics Seminar (2000) (Speaker)
Advanced Nuts & Bolts, 17th Annual Iowa Bankruptcy Law Conference (1998) (Speaker).
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SundayReview|Terrorist Plots, Hatched by the F.B.I.
SundayReview | Opinion
Terrorist Plots, Hatched by the F.B.I.
DAVID K. SHIPLER APRIL 28, 2012
THE United States has been narrowly saved from lethal terrorist plots in recent years — or so it has seemed. A would-be suicide bomber was intercepted on his way to the Capitol; a scheme to bomb synagogues and shoot Stinger missiles at military aircraft was developed by men in Newburgh, N.Y.; and a fanciful idea to fly explosive-laden model planes into the Pentagon and the Capitol was hatched in Massachusetts.
But all these dramas were facilitated by the F.B.I., whose undercover agents and informers posed as terrorists offering a dummy missile, fake C-4 explosives, a disarmed suicide vest and rudimentary training. Suspects naïvely played their parts until they were arrested.
When an Oregon college student, Mohamed Osman Mohamud, thought of using a car bomb to attack a festive Christmas-tree lighting ceremony in Portland, the F.B.I. provided a van loaded with six 55-gallon drums of “inert material,” harmless blasting caps, a detonator cord and a gallon of diesel fuel to make the van smell flammable. An undercover F.B.I. agent even did the driving, with Mr. Mohamud in the passenger seat. To trigger the bomb the student punched a number into a cellphone and got no boom, only a bust.
This is legal, but is it legitimate? Without the F.B.I., would the culprits commit violence on their own? Is cultivating potential terrorists the best use of the manpower designed to find the real ones? Judging by their official answers, the F.B.I. and the Justice Department are sure of themselves — too sure, perhaps.
Carefully orchestrated sting operations usually hold up in court. Defendants invariably claim entrapment and almost always lose, because the law requires that they show no predisposition to commit the crime, even when induced by government agents. To underscore their predisposition, many suspects are “warned about the seriousness of their plots and given opportunities to back out,” said Dean Boyd, a Justice Department spokesman. But not always, recorded conversations show. Sometimes they are coaxed to continue.
Undercover operations, long practiced by the F.B.I., have become a mainstay of counterterrorism, and they have changed in response to the post-9/11 focus on prevention. “Prior to 9/11 it would be very unusual for the F.B.I. to present a crime opportunity that wasn’t in the scope of the activities that a person was already involved in,” said Mike German of the American Civil Liberties Union, a lawyer and former F.B.I. agent who infiltrated white supremacist groups. An alleged drug dealer would be set up to sell drugs to an undercover agent, an arms trafficker to sell weapons. That still happens routinely, but less so in counterterrorism, and for good reason.
“There isn’t a business of terrorism in the United States, thank God,” a former federal prosecutor, David Raskin, explained.
“You’re not going to be able to go to a street corner and find somebody who’s already blown something up,” he said. Therefore, the usual goal is not “to find somebody who’s already engaged in terrorism but find somebody who would jump at the opportunity if a real terrorist showed up in town.”
And that’s the gray area. Who is susceptible? Anyone who plays along with the agents, apparently. Once the snare is set, law enforcement sees no choice. “Ignoring such threats is not an option,” Mr. Boyd argued, “given the possibility that the suspect could act alone at any time or find someone else willing to help him.”
Credit Clay Rodery
Typically, the stings initially target suspects for pure speech — comments to an informer outside a mosque, angry postings on Web sites, e-mails with radicals overseas — then woo them into relationships with informers, who are often convicted felons working in exchange for leniency, or with F.B.I. agents posing as members of Al Qaeda or other groups.
Some targets have previous involvement in more than idle talk: for example, Waad Ramadan Alwan, an Iraqi in Kentucky, whose fingerprints were found on an unexploded roadside bomb near Bayji, Iraq, and Raja Khan of Chicago, who had sent funds to an Al Qaeda leader in Pakistan.
But others seem ambivalent, incompetent and adrift, like hapless wannabes looking for a cause that the informer or undercover agent skillfully helps them find. Take the Stinger missile defendant James Cromitie, a low-level drug dealer with a criminal record that included no violence or hate crime, despite his rants against Jews. “He was searching for answers within his Islamic faith,” said his lawyer, Clinton W. Calhoun III, who has appealed his conviction. “And this informant, I think, twisted that search in a really pretty awful way, sort of misdirected Cromitie in his search and turned him towards violence.”
THE informer, Shahed Hussain, had been charged with fraud, but avoided prison and deportation by working undercover in another investigation. He was being paid by the F.B.I. to pose as a wealthy Pakistani with ties to Jaish-e-Mohammed, a terrorist group that Mr. Cromitie apparently had never heard of before they met by chance in the parking lot of a mosque.
“Brother, did you ever try to do anything for the cause of Islam?” Mr. Hussain asked at one point.
“O.K., brother,” Mr. Cromitie replied warily, “where you going with this, brother?”
Two days later, the informer told him, “Allah has more work for you to do,” and added, “Revelation is going to come in your dreams that you have to do this thing, O.K.?” About 15 minutes later, Mr. Hussain proposed the idea of using missiles, saying he could get them in a container from China. Mr. Cromitie laughed.
Reading hundreds of pages of transcripts of the recorded conversations is like looking at the inkblots of a Rorschach test. Patterns of willingness and hesitation overlap and merge. “I don’t want anyone to get hurt,” Mr. Cromitie said, and then explained that he meant women and children. “I don’t care if it’s a whole synagogue of men.” It took 11 months of meandering discussion and a promise of $250,000 to lead him, with three co-conspirators he recruited, to plant fake bombs at two Riverdale synagogues.
“Only the government could have made a ‘terrorist’ out of Mr. Cromitie, whose buffoonery is positively Shakespearean in its scope,” said Judge Colleen McMahon, sentencing him to 25 years. She branded it a “fantasy terror operation” but called his attempt “beyond despicable” and rejected his claim of entrapment.
The judge’s statement was unusual, but Mr. Cromitie’s characteristics were not. His incompetence and ambivalence could be found among other aspiring terrorists whose grandiose plans were nurtured by law enforcement. They included men who wanted to attack fuel lines at Kennedy International Airport; destroy the Sears Tower (now Willis Tower) in Chicago; carry out a suicide bombing near Tampa Bay, Fla., and bomb subways in New York and Washington. Of the 22 most frightening plans for attacks since 9/11 on American soil, 14 were developed in sting operations.
Another New York City subway plot, which recently went to trial, needed no help from government. Nor did a bombing attempt in Times Square, the abortive underwear bombing in a jetliner over Detroit, a planned attack on Fort Dix, N.J., and several smaller efforts. Some threats are real, others less so. In terrorism, it’s not easy to tell the difference.
David K. Shipler is the author of “Rights at Risk: The Limits of Liberty in Modern America.”
A version of this op-ed appears in print on April 29, 2012, on Page SR4 of the New York edition with the headline: Terrorist Plots, Hatched by the F.B.I. Today's Paper|Subscribe
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U.S.|A Psychologist as Warden? Jail and Mental Illness Intersect in Chicago
A Psychologist as Warden? Jail and Mental Illness Intersect in Chicago
A new warden at Cook County Jail in Chicago is looking for ways to treat an influx of mentally ill inmates. Her hiring comes at a time when many public mental health facilities have closed.CreditCreditJoshua Lott for The New York Times
By Timothy Williams
CHICAGO — Nneka Jones Tapia, who runs the sprawling Cook County Jail here, has an indelible childhood memory of police officers pounding on the aluminum walls of the family’s double-wide trailer home in North Carolina, riffling through cupboards and drawers, and arresting her father on charges of selling marijuana.
Dr. Jones Tapia, then 8, had to call her mother home from work.
Over the next several years, other relatives, including two brothers, and a number of friends also spent time in jail. She says she might have ended up there, too.
Instead, she became fascinated by psychology and earned a doctorate. She began working at Cook County Jail in 2006, and this spring became its unlikely warden when she was promoted to executive director — one of the first clinical psychologists to run a jail, underscoring how much the country’s prisons have become holding centers for the mentally ill.
“It’s a national disgrace how we deal with this,” said Sheriff Thomas Dart, who appointed Dr. Jones Tapia to the post and who refers to the jail, a place notorious for its history of violence and overcrowding, as the largest mental institution in the country. He said that as many as one-third of the jail’s 8,600 inmates were mentally ill.
As she sat in a cellblock one day recently, Dr. Jones Tapia, 37, reflected: “I know all too well what it’s like to hope that your loved ones make better decisions. And I think about my own life and how I was probably one bad decision away from being in a correctional institution myself.”
As Congress embarks on a rethinking of the criminal justice system — including giving judges greater discretion in sentencing — jails and prisons are also confronting myriad problems in dealing with the mentally ill. There are now 10 times as many mentally ill people in the nation’s 5,000 jails and prisons as there are in state mental institutions, according to a study last year by the National Sheriffs’ Association and the Treatment Advocacy Center, a nonprofit group that supports expanded access to treatment. Such inmates are far more likely to be kept in solitary confinement and to be beaten by guards and other inmates, corrections officials say.
Some wardens complain that their jails have become little more than makeshift mental asylums, and that they lack the money and expertise needed to deal with the problem.
Dr. Nneka Jones Tapia, warden of the Cook County Jail. She is one of the first clinical psychologists to run a jail.CreditJoshua Lott for The New York Times
Three of the nation’s largest jails — Rikers Island in New York, the county jail in Los Angeles and Cook County Jail here in Chicago — have been under federal scrutiny, in part because of mistreatment of the mentally ill. In Los Angeles and Cook County, the jails are already operating under federal oversight, and Cook County has become a model of sorts for other troubled institutions in how to deal with the mentally ill.
Before becoming warden, Dr. Jones Tapia oversaw mental health care at the jail, and under her guidance, Cook County began offering services that would have been unthinkable a few years ago. All inmates upon arrival now see a clinician who collects a mental health history to ensure that anyone who is mentally ill gets a proper diagnosis and receives medication. The jail then forwards that information to judges in time for arraignments in the hope of convincing them that in certain cases, mental health care may be more appropriate than jail.
The jail also enrolls arriving inmates in health insurance plans, then helps arrange basic case management upon their release.
“We’ve started to focus on the entirety of the system, from the point of arrest through discharge, and really forcing the whole system to take a look at the people that we’re incarcerating,” Dr. Jones Tapia said.
Officials have also discussed using a Sheriff’s Department van staffed with a therapist to perform house checks on former inmates, and if necessary, drive them to medical appointments to ensure that prescriptions are refilled on time, in an attempt to prevent them from turning to illegal drug use or other crimes that would send them back to jail.
Sheriff Dart, who has led the push for change here, says the jail has become a dumping ground for people who should not be locked up.
“The person isn’t choosing to be schizophrenic,” he said. “The vast majority of mentally ill people are here for nonviolent crimes, like stealing food to survive or breaking into places, usually looking for somewhere to sleep, or getting caught with drugs because they are self-medicating. How is it different than us locking up diabetics? Jails were never meant to be mental health hospitals.”
To press ahead with the jail’s overhaul, Sheriff Dart promoted Dr. Jones Tapia in May.
“We were looking for someone who could do the baseline things,” he said, “but who also had this other vision.”
Inmates at the Cook County Jail leave the mental health transition center.CreditJoshua Lott for The New York Times
Still, she is an unusual choice. Sheriff Jim McDonnell of Los Angeles County said a warden’s job was typically focused on security, although he acknowledged that having psychological expertise might prove useful.
“I certainly think the more tools you bring to the table, the better,” Sheriff McDonnell said. “But you are running a giant operation, and you need to keep things moving, to focus on security, to keep the staff motivated.”
Dr. Jones Tapia said that the whole time she worked at the jail as a psychologist, she had made a point of hanging out with corrections officers, and that had eased the transition to her new post.
“I think they welcomed the opportunity to share their world, and many of them, when they see me today, say, ‘I know you’re going to be all right because we taught you well,’ ” she said.
She also ended up marrying a corrections officer, Angel Tapia, a 12-year veteran of the jail.
Cook County Jail, though determined to improve conditions, remains a difficult place for inmates. Like nearly every large jail or prison in the country, it is riven by the same gang rivalries that plague the streets. The most violent and dangerous inmates are separated from others as they await trials or transfers to prison.
While the jail is far less crowded today than a few years ago, inmates — those who are mentally ill and others who are not — complain that they have too little personal space and too little time to exercise, and that courts take too long to resolve their cases, many of which are for minor drug, traffic or theft charges. The vast majority of inmates are African-American or Latino.
Some portions of the jail date to the 1920s and are falling apart in places. Leaking ceilings are dealt with by placing clumps of rags on the floor to absorb water. Walls and floors are cracking, and paint is peeling. In bathrooms, long rows of toilets a few feet apart lack partitions for privacy. Inmates have little to do all day, so they stand in front of television sets watching game shows and the news, or lie in their bunks and sleep.
For Dr. Jones Tapia, the path to becoming warden was not direct. After earning an undergraduate degree in psychology from the University of North Carolina, she said, she had no clear idea what to do next. She worked as a receptionist and in community mental health care before beginning to take more specialized psychology courses and going on to earn a doctorate from the Virginia Consortium Program in Clinical Psychology.
Inmates attend a session run by the jail's mental health transition center, which was started by Dr. Jones Tapia before she became warden.CreditJoshua Lott for The New York Times
The program she is most proud of — and the centerpiece of efforts to overhaul the jail — is the mental health transition center, which started last August and was run by Dr. Jones Tapia before she became warden.
Five days a week, a group of about 15 inmates with mental illnesses like depression, bipolar disorder and schizophrenia, receive cognitive behavioral therapy, job readiness skills and extra recreation.
The warden said such inmates who were released without such services were often back within weeks as they amassed dozens, even hundreds, of arrests for petty crimes like shoplifting and drug possession because they were unable to obtain the prescription drugs needed to treat their condition. Many are rearrested just to receive treatment, so upon their release, inmates are now given a two weeks’ supply of medication.
“If somebody doesn’t have access to the basic tools to survive, they’re more likely to recommit a crime and come back,” Dr. Jones Tapia said. “So we know it’s not just a mental health problem. It’s more of a well-being problem.”
None of the 43 former inmates who attended the program before being released have been rearrested, said Ben Breit, a jail spokesman.
One of those former inmates, Demetrius Members, 23, who has been arrested 18 times, mostly for selling drugs, said he had recently been told that he had a severe case of depression in which he had nearly constant thoughts of suicide.
Mr. Members said that he had frequently used PCP and alcohol, which helped chase away negative thoughts, but that now, with the help of medication and counseling, he had enough confidence to envision a day when he would be able to open his own business, marry and become a homeowner.
“I hate I had to come to jail to learn this,” he said, “but who would have thought a program like this would be in a jail?”
Correction: July 30, 2015
An earlier version of this article misstated the level of federal oversight of jails in New York. While the jail at Rikers Island has agreed to operate under federal oversight, it is not yet doing so.
A version of this article appears in print on , Section A, Page 1 of the New York edition with the headline: Troubled Inmates, and a Psychologist as Warden . Order Reprints | Today’s Paper | Subscribe
Obama, in Oklahoma, Takes Reform Message to the Prison Cell Block
OpinionThe Editorial Board
President Obama Takes On the Prison Crisis
Obama Calls for Effort to Fix a ‘Broken System’ of Criminal Justice
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Rewarding Provider Performance: Aligning Incentives in Medicare (2007)
Chapter: Front Matter
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Suggested Citation:"Front Matter." Institute of Medicine. 2007. Rewarding Provider Performance: Aligning Incentives in Medicare. Washington, DC: The National Academies Press. doi: 10.17226/11723.
Pathways to Quality Health Care
REWARDING PROVIDER PERFORMANCE
Aligning Incentives in Medicare
Committee on Redesigning Health Insurance Performance Measures, Payment, and Performance Improvement Programs
INSTITUTE OF MEDICINE OF THE NATIONAL ACADEMIES
THE NATIONAL ACADEMIES PRESS
www.nap.edu
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500 Fifth Street, N.W. Washington, DC 20001
NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance.
This study was supported by Contract No. HHSM-500-2004-00005C between the National Academy of Sciences and U.S. Department of Health and Human Services through the Centers for Medicare and Medicaid Services. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the view of the organizations or agencies that provided support for this project.
Library of Congress Cataloging-in-Publication Data
Rewarding provider performance : aligning incentives in Medicare / Committee on Redesigning Health Insurance Performance Measures, Payment, and Performance Improvement Programs, Board on Health Care Services.
p. ; cm. — (Pathways to quality health care)
ISBN-13: 978-0-309-10216-2 (hardback)
ISBN-10: 0-309-10216-2 (hardback)
1. Medicare—Finance. 2. Medicare—Quality control. 3. Medicare—Administration. 4. Incentive awards—United States. 5. Performance awards—United States. 6. Medical care—United States—Quality control. I. Institute of Medicine (U.S.). Committee on Redesigning Health Insurance Performance Measures, Payment, and Performance Improvement Programs. II. Series.
[DNLM: 1. Reimbursement, Incentive—organization & administration—United States. 2. Medicare—organization & administration. 3. Quality Assurance, Health Care—economics—United States. 4. Quality Assurance, Health Care—methods—United States. WT 31 R454 2007]
RA412.3.R49 2007
368.4′2600973—dc22
Additional copies of this report are available from the
National Academies Press,
500 Fifth Street, N.W., Lockbox 285, Washington, DC 20055; (800) 624-6242 or (202) 334-3313 (in the Washington metropolitan area); Internet, http://www.nap.edu.
For more information about the Institute of Medicine, visit the IOM home page at: www.iom.edu.
Copyright 2007 by the National Academy of Sciences. All rights reserved.
Printed in the United States of America.
The serpent has been a symbol of long life, healing, and knowledge among almost all cultures and religions since the beginning of recorded history. The serpent adopted as a logotype by the Institute of Medicine is a relief carving from ancient Greece, now held by the Staatliche Museen in Berlin.
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Willing is not enough; we must do.”
Advising the Nation. Improving Health.
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Advisers to the Nation on Science, Engineering, and Medicine
The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Ralph J. Cicerone is president of the National Academy of Sciences.
The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. Wm. A. Wulf is president of the National Academy of Engineering.
The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Harvey V. Fineberg is president of the Institute of Medicine.
The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy’s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Ralph J. Cicerone and Dr. Wm. A. Wulf are chair and vice chair, respectively, of the National Research Council.
www.national-academies.org
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STEVEN A. SCHROEDER (Chair), Distinguished Professor of Health and Health Care,
BOBBIE BERKOWITZ, Alumni Endowed Professor of Nursing,
Psychosocial and Community Health, University of Washington, Seattle
DONALD M. BERWICK, President and Chief Executive Officer,
Institute for Healthcare Improvement, Cambridge, MA
BRUCE E. BRADLEY, Director,
Health Care Plan Strategy and Public Policy, Health Care Initiatives, General Motors Corporation, Pontiac, MI
JANET M. CORRIGAN,1 President and Chief Executive Officer,
National Quality Forum, Washington, DC
KAREN DAVIS, President,
The Commonwealth Fund, New York
NANCY-ANN MIN DEPARLE, Senior Advisor,
JPMorgan Partners, LLC, Washington, DC
ELLIOTT S. FISHER, Professor of Medicine and Community Family Medicine,
Dartmouth Medical School, Hanover, NH
RICHARD G. FRANK, Margaret T. Morris Professor of Health Economics,
Harvard Medical School, Boston, MA
ROBERT S. GALVIN, Director,
Global Health Care, General Electric Company, Fairfield, CT
DAVID H. GUSTAFSON, Research Professor of Industrial Engineering,
MARY ANNE KODA-KIMBLE, Professor and Dean,
School of Pharmacy, University of California, San Francisco
ALAN R. NELSON, Special Advisor to the Executive Vice President,
American College of Physicians, Fairfax, VA
NORMAN C. PAYSON, President,
NCP, Inc., Concord, NH
WILLIAM A. PECK, Director,
Center for Health Policy, Washington University School of Medicine, St. Louis, MO
NEIL R. POWE, Professor of Medicine,
Epidemiology and Health Policy and Management, Johns Hopkins University School of Medicine and Johns Hopkins Bloomberg School of Public Health, Baltimore, MD
CHRISTOPHER QUERAM, President and Chief Executive Officer,
Wisconsin Collaborative for Healthcare Quality, Madison
ROBERT D. REISCHAUER, President,
The Urban Institute, Washington, DC
Appointed to the committee beginning June 1, 2005.
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WILLIAM C. RICHARDSON, President Emeritus,
Johns Hopkins University and W.K. Kellogg Foundation, Hickory Corners, MI
CHERYL M. SCOTT, Chief Operating Officer,
Bill and Melinda Gates Foundation, Seattle, WA
STEPHEN M. SHORTELL, Blue Cross of California Distinguished Professor of Health Policy and Management and Dean,
School of Public Health, University of California, Berkeley
SAMUEL O. THIER, Professor of Medicine and Professor of Health Care Policy,
Harvard Medical School, Massachusetts General Hospital, Boston
GAIL R. WILENSKY, Senior Fellow,
Project HOPE, Bethesda, MD
Study Staff
ROSEMARY A. CHALK,2 Project Director
KAREN ADAMS,3 Senior Program Officer, Lead Staff for the Subcommittee on Performance Measurement Evaluation
DIANNE MILLER WOLMAN, Senior Program Officer, Lead Staff on Quality Improvement Organization Program Evaluation
TRACY HARRIS, Program Officer
SAMANTHA CHAO, Senior Health Policy Associate
DANITZA VALDIVIA, Program Associate
MICHELLE BAZEMORE, Senior Program Assistant
Editorial Consultants
RONA BRIERE,
Briere Associates, Inc.
ALISA DECATUR,
Served through July 2006.
Served through February 2006.
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This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures approved by the National Research Council’s Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the institution in making its published report as sound as possible and to ensure that the report meets institutional standards for objectivity, evidence, and responsiveness to the study charge. The review comments and draft manuscript remain confidential to protect the integrity of the deliberative process. We wish to thank the following individuals for their review of this report:
BRUCE BAGLEY, Medical Director for Quality Improvement, American Academy of Family Physicians, Leawood, KS
BRUCE A. BOISSONAULT, President and Chief Executive Officer, Niagara Health Quality Coalition, Williamsville, NY
TROYEN A. BRENNAN, Chief Medical Officer, Aetna, Inc., Hartford, CT
KATHLEEN BUTO, Vice President of Health Policy, Johnson and Johnson, Washington, DC
PAUL B. GINSBURG, President, Center for Studying Health System Change, Washington, DC
EMMETT KEELER, RAND Corporation, Santa Monica, CA
PETER V. LEE, President and Chief Executive Officer, Pacific Business Group on Health, San Francisco, CA
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RICARDO MARTINEZ, Executive Vice President of Medical Affairs and Regional Medical Officer, The Schumacher Group, Decatur, GA
ARNOLD MILSTEIN, Mercer Health & Benefits, San Francisco, CA
SAM NUSSBAUM, Executive Vice President and Chief Medical Officer, Anthem Blue Cross Blue Shield, Indianapolis, IN
L. GREGORY PAWLSON, Executive Vice President, National Committee for Quality Assurance, Washington, DC
MICHAEL ROBBINS-ROTHMAN, Senior Consultant, Clinical Systems Improvement, University of Mississippi Medical Center, Jackson
VINOD K. SAHNEY, Senior Vice President and Chief Strategy Officer, Blue Cross Blue Shield of Massachusetts, Boston
CARY SENNETT, Senior Vice President for Research and Development, American Board of Internal Medicine, Philadelphia, PA
KENNETH E. THORPE, Robert W. Woodfruff Professor and Chair of the Department of Health Policy and Management, Emory University, Rollins School of Public Health, Atlanta, GA
Although the reviewers listed above have provided many constructive comments and suggestions, they were not asked to endorse the conclusions or recommendations nor did they see the final draft of the report before its release. The review of this report was overseen by coordinator DONALD M. STEINWACHS, Professor and Chair, Johns Hopkins Bloomberg School of Public Health, Baltimore, MD, and monitor HAROLD C. SOX, Editor, Annals of Internal Medicine, Philadelphia, PA. Appointed by the Institute of Medicine and the National Research Council, they were responsible for making certain that an independent examination of this report was carried out in accordance with institutional procedures and that all review comments were carefully considered. Responsibility for the final content of this report rests entirely with the authoring committee and the institution.
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Advisory Subcommittees
The authoring committee was assisted by three advisory subcommittees of individuals who brought additional expertise and complementary perspectives to the effort. While the groups were advisory and did not author or sign off on the reports, they did provide advice and in-depth expertise in support of their respective topics. The committee and the Institute of Medicine are grateful to them.
ROBERT D. REISCHAUER (Co-Chair)*
Premier, Inc., Charlotte, NC
CHARLIE D. BAKER
Harvard Pilgrim Health Care, Wellesley, MA
JANET M. CORRIGAN*
KAREN DAVIS*
The Commonwealth Fund, New York, NY
GAIL R. WILENSKY (Co-Chair)*
Project HOPE, Washington, DC
L. GORGON MOORE
University of Rochester, Faculty Practice Plan, Rochester, NY
DEBRA L. NESS
National Partnership for Women and Families, Washington, DC
NEIL R. POWE*
School of Medicine and Johns Hopkins Bloomberg School of Public Health, Baltimore, MD
Member of authorizing committee.
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ARNOLD M. EPSTEIN
Harvard School of Public Health, Boston, MA
ELLIOTT S. FISHER*
ROBERT S. GALVIN*
General Electric Company, Fairfield, CT
SAM HO
PacifiCare Health Plans, Cypress, CA
BARBARA B. MANARD
American Association of Homes and Services for the Aging, Washington, DC
CHRISTOPHER QUERAM*
Wisconsin Collaborative for Healthcare Quality, Madison, WI
W. ALLEN SCHAFFER
CHERYL M. SCOTT*
JOHN TOUSSAINT
ThedaCare, Appleton, WI
DONALD M. BERWICK (Co-Chair) *
PATRICIA A. GABOW
Denver Health and Hospital Authority, Denver, CO
LILLEE GELINAS
VHA, Inc., Irving, TX
MARGARITA P. HURTADO
American Institutes for Research, Silver Spring, MD
GEORGE J. ISHAM
HealthPartners, Inc., Minneapolis, MN
BRENT C. JAMES
Intermountain Health Care, Salt Lake City, UT
ELLIOTT S. FISHER (Co-Chair) *
ELIZABETH A. MCGLYNN
RAND Corporation, Santa Monica, CA
ARNOLD S. MILSTEIN
Mercer Health & Benefits, San Francisco, CA
SHARON-LISE NORMAND
BARBARA R. PAUL
Beverly Enterprises, Inc., Fort Smith, AR
SAMUEL O. THIER*
Harvard Medical School, Massachusetts General Hospital, Boston, MA
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ARTHUR LEVIN
Center for Medical Consumers, New York, NY
GLEN P. MAYS
University of Arkansas for Medical Sciences, Little Rock, AR
PAUL J. WALLACE
Kaiser Permanente Care Management Institute, Oakland, CA
QUALITY IMPROVEMENT ORGANIZATION PROGRAM EVALUATION
STEPHEN M. SHORTELL (Chair)*
ANNE-MARIE AUDET
JACK L. COX
DAVID H. GUSTAFSON*
JEFF KANG
CIGNA Health Care, Hartford, CT
ALAN R. NELSON*
GREGG PANE
District of Columbia Department of Health, Washington, DC
WILLIAM A. PECK*
Washington University School of Medicine, St. Louis, MO
ERIC D. PETERSON
Duke University School of Medicine, Durham, NC
SHOSHANNA SOFAER
Baruch College, New York, NY
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This report is the third in a series called Pathways to Quality Health Care. Led by the Committee on Redesigning Health Insurance Performance Measures, Payment, and Performance Improvement Programs, these reports promote a health system that meets patients’ needs and is based on sound scientific evidence. The Pathways series extends the work inaugurated by the Institute of Medicine (IOM) in its 2001 report Crossing the Quality Chasm. That earlier report laid out a blueprint for reforming health care through systems improvement. The new series of reports provides strategies for creating and implementing change that will help bridge the quality chasm.
The Committee on Redesigning Health Insurance Performance Measures, Payment, and Performance Improvement Programs was composed of 23 individuals who are among the top experts and leaders on health care in the country. They and IOM staff carefully reviewed the literature and gathered data on measurement, quality improvement, and pay for performance to provide an evidence base for the Pathways reports. Although the committee members come from different backgrounds, disciplines, and perspectives, they reached a common understanding of the problems to be addressed, shared a sense of urgency, and converged on three major sets of recommendations. The committee saw the need to reform health care payment methods that promote inappropriate or inefficient behaviors and that impede progress toward better quality care. Their central ideas about payment that rewards higher quality, establishment of a National Quality Coordination Board to guide performance measurement, and restructuring
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Quality Improvement Organizations to offer technical assistance in the best methods to increase quality all point to a better-performing health system.
Requests for this report, as well as the preceding two in the Pathways series, were embedded in the Medicare Modernization Act, and therefore focus on Medicare programs. The committee’s recommendations, like the Medicare program itself, ramify beyond Medicare’s direct beneficiaries. Implementation of these recommendations by the Medicare program could influence adoption by other purchasers and payers of care. Medicare’s use of particular performance standards can eventually raise the quality of care all Americans receive.
Chairman Steven A. Schroeder has skillfully guided this committee through three important studies. He and all of the committee members deserve our thanks for so generously contributing their time and expertise. They served as volunteers for more than 2 years, and their individual and collective commitment to improving the quality of health care is laudable. By implementing their recommendations, we can convert their service into results that benefit all Americans.
Harvey V. Fineberg, M.D., Ph.D.
President, Institute of Medicine
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Rewarding Provider Performance: Aligning Incentives in Medicare is the third and final report of the Committee on Redesigning Health Insurance Performance Measures, Payment, and Performance Improvement Programs. This committee’s efforts have been in response to two separate congressional mandates embodied in the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (Public Law 108-173, Sections 109 and 238). These mandates provided the Institute of Medicine with the opportunity to build on an earlier series of reports, called the Quality Chasm series, which created a goal for the American health system of health care that is safe, effective, patient-centered, timely, efficient, and equitable. This committee’s three reports form a new series, called Pathways to Quality Health Care, which offers strategies for achieving that goal.
The first report in the Pathways series, Performance Measurement: Accelerating Improvement, focused on measuring the quality of health care services. Many individuals and organizations, as well as health care providers, are working on creating, implementing, and reporting measures to determine how well health care is delivered. The committee perceived a national need to standardize measures in order to minimize the burden on providers of collecting and reporting data and to facilitate the use of this information by consumers and purchasers of services. Thus, it recommended a starter set of performance measures and areas in which measures need to be developed. To coordinate the implementation of a standard set of performance measures, further the research and development needed to create and implement new measures, and facilitate public reporting, the committee recommended a National Quality Coordination Board.
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In its second report, Medicare’s Quality Improvement Organization Program: Maximizing Potential, the committee examined the Quality Improvement Organization (QIO) program in Medicare. It concluded that the QIO program could form a critical infrastructure to help improve providers’ performance and their reporting of measures. Given the growing emphasis on performance measurement and public reporting of those measures for a broad range of health care providers, as well as payment incentives, the committee expects providers to increasingly seek assistance from their local QIO. The committee recommended that the program be restructured to focus on technical assistance to health care providers and to strengthen the governance of QIOs and program management.
For this third report, the committee examined the evidence concerning various public- and private-sector programs designed to align payment incentives to promote better-quality care by rewarding providers who perform well. Because the current basic payment systems reward overuse of services and use of high-cost complex procedures and do not acknowledge the wide variations in quality across providers, the committee concluded that payment reforms are needed now to recognize care that is of high clinical quality, patient-centered, and efficient. To help implement payment incentives within Medicare, the committee proposes a phased approach and offers guidance on creating pools of funds to reward performance and submission of performance data, and mechanisms for monitoring of implementation to avoid unintended consequences. The committee believes that implementation of the recommendations in all three reports would provide a strong start toward improving the quality of care for all Americans.
It has been an honor to serve as chair of the Committee on Redesigning Health Insurance Performance Measures, Payment, and Performance Improvement Programs, and I am grateful to all the committee members and staff for their hard work, willingness to reach consensus, and ability to produce such an ambitious series of reports. I especially want to recognize the members of the Subcommittee on Pay for Performance and its co-chairs, Robert Reischauer and Gail Wilensky, for their contributions to this report. Also, Rosemary Chalk deserves particular thanks for taking over as project director. Our collective efforts have produced these three reports; it is now up to you, our readers, and your various communities, along with Congress and the Centers for Medicare and Medicaid Services, to make the vision contained in these reports a reality.
Steven A. Schroeder, M.D.
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Rewarding Provider Performance: Aligning Incentives in Medicare benefited from the contributions of many individuals. The committee takes this opportunity to recognize those who so generously gave their time and expertise to inform its deliberations. The committee wishes to acknowledge the members of the Subcommittee on Pay for Performance and the outstanding leadership of co-chairs Robert Reischauer (Urban Institute) and Gail Wilensky (Project HOPE). John Ring and Clyde Behney also contributed as directors of the Board on Health Care Services of the Institute of Medicine.
The committee benefited from presentations made by a number of experts. The following individuals shared their experiences and perspectives: Trent Haywood and Lisa Magno from the Centers for Medicare and Medicaid Services (CMS) on CMS’s pay-for-performance initiatives; Francois deBrantes from Bridges to Excellence (BTE) on incentivizing patients/consumers and lessons learned from the development of the BTE program; Bruce Landon and Meredith Rosenthal through their commissioned paper “Paying for Physician Quality in Traditional Medicare”; Mark Miller and Karen Milgate of the Medicare Payment Advisory Commission (MedPAC), on MedPAC’s recommendations on pay for performance and also Medicare data runs; and Shari Erickson of the National Quality Forum on health information technology. We would also like to thank those representatives of the various medical associations who generously provided presentations addressing their organizations’ positions on pay for performance, including Nancy Nielson of the American Medical Association, John Tooker of the American College of Physicians, Rosemarie Sweeney of the American Acad-
Page xviii Share Cite
emy of Family Physicians, Carole Johnson of the Alliance of Community Health Plans, Frederick L. Grover and Jeffrey Rich of the Society of Thoracic Surgeons, Joseph S. Bailes of the American Society of Clinical Oncology, William L. Rich III of the American Academy of Ophthalmology, and Arl Van Moore Jr. of the American College of Radiology.
The committee would like to acknowledge organizations that provided us with feedback on their pay-for-performance position statements: Alliance of Community Health Plans, Alliance of Specialty Medicine, American Academy of Family Physicians, American College of Cardiology, American College of Physicians, American Medical Association, National Business Group on Health, National Patient Advocacy Foundation, and Society of Thoracic Surgeons.
We also wish to acknowledge Marie-Adele Sorel, a Truman Scholar during the summer of 2005, who provided significant contributions to this report. Thanks to Meredith Rosenthal for consulting on this report.
Finally, the committee gratefully acknowledges CMS, whose funding supported this congressionally mandated study.
Page xix Share Cite
Study Charge and Scope,
Pay for Performance: An Immediate Opportunity,
Medicare and Payment Incentives,
Initial Implementation: A Phased Approach,
Funding of Pay for Performance,
Structure of Rewards,
Implementation,
Monitoring, Evaluation, and Research,
The Desire to Improve Performance,
Clinical Quality, Patient-Centeredness, and Efficiency,
Current State of Pay-for-Performance Efforts,
Overview of the Medicare Program,
Initial Steps to Improve the U.S. Health Care System,
Conclusions,
Scope and Organization of the Report,
References,
THE PROMISE OF PAY FOR PERFORMANCE
Current Payment Systems,
Pay for Performance as a Pathway to Reform,
The Research Base on Pay for Performance,
Page xx Share Cite
Monitoring for Unintended Consequences,
A First Step Toward Payment System Reform,
Summary,
ALTERNATIVE FUNDING SOURCES
Basic Funding Models,
Guiding Principles for Selection of a Funding Source,
Short-Term Models,
Long-Term Funding,
Conclusion,
DISTRIBUTION OF REWARDS
What to Reward,
What Measures Should Be Used for Reward-Based Payments,
How to Distribute Rewards,
How Large Rewards Must Be,
Steps Involved in Implementing Pay for Performance and Their Timing,
Overall Timing of Pay-for-Performance Implementation,
Participation in Pay for Performance,
Unit of Analysis and Reporting,
The Role of Health Information Technologies,
Statistical Issues,
MONITORING, EVALUATION, AND RESEARCH: FUTURE DIRECTIONS
Fundamentals of Evaluation and Research,
An Active Learning System,
Research Agenda,
Page xxi Share Cite
A SELECTED MEDICARE PROSPECTIVE PAYMENT SYSTEMS
B REVIEW OF THE EVIDENCE
C COMPARISON OF VARIOUS PROFESSIONAL GROUPS’ PAY-FOR-PERFORMANCE POSITION STATEMENTS
D MEDPAC DATA RUNS
E PAY FOR PERFORMANCE IN VARIOUS CARE SETTINGS
F ACRONYMS
G BIOGRAPHIES
Page xxii Share Cite
Page xxiii Share Cite
Page xxiv Share Cite
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The third installment in the Pathways to Quality Health Care series, Rewarding Provider Performance: Aligning Incentives in Medicare, continues to address the timely topic of the quality of health care in America. Each volume in the series effectively evaluates specific policy approaches within the context of improving the current operational framework of the health care system. The theme of this particular book is the staged introduction of pay for performance into Medicare. Pay for performance is a strategy that financially rewards health care providers for delivering high-quality care. Building on the findings and recommendations described in the two companion editions, Performance Measurement and Medicare's Quality Improvement Organization Program, this book offers options for implementing payment incentives to provide better value for America’s health care investments.
This book features conclusions and recommendations that will be useful to all stakeholders concerned with improving the quality and performance of the nation’s health care system in both the public and private sectors.
Front Matter i–xxiv
Summary 1–14
1 Introduction 15–31
2 The Promise of Pay for Performance 32–59
3 Alternative Funding Sources 60–79
4 Distribution of Rewards 80–101
5 Implementation 102–132
6 Monitoring, Evaluation, and Research: Future Directions 133–142
Appendix A: Selected Medicare Prospective Payment Systems 143–152
Appendix B: Review of the Evidence 153–168
Appendix C: Comparison of Various Professional Groups' Pay-for-Performance Position Statements 169–179
Appendix D: MEDPAC Data Runs 180–207
Appendix E: Pay for Performance in Various Care Settings 208–219
Appendix F: Acronyms 220–221
Appendix G: Biographies 222–240
Index 241–248
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An ordinance to amend the Geographic Information Systems Street and Alley Centerline Layer for the Metropolitan Government of Nashville and Davidson County by abandoning a portion of Magazine Street right-of-way (Proposal No. 2018M-017AB-001).
WHEREAS, it is the desire of all the abutting property owners that said abandonment of right-of-way be accomplished; and,
WHEREAS, the abandonment has been requested by Civil Site Design Group, PLLC, applicant; and,
WHEREAS, there is no future need for said right-of-way for Metropolitan Government of Nashville and Davidson County purposes.
Section 1. That the Geographic Information Systems (GIS) Street and Alley Centerline Layer for The Metropolitan Government of Nashville and Davidson County, as enacted by Ordinance No. 2018-1060, be and hereby is amended, as follows:
Magazine Street from Mansion Street northeastward approximately 168 feet to its terminus, all of which is more particularly described by lines, words and figures on the sketch which is attached to and made a part of this ordinance as though copied herein, is hereby abandoned.
Section 2. That easements are herein retained by The Metropolitan Government of Nashville and Davidson County, its agents, servants, and/or contractors and utility companies operating under franchise(s) from the Metropolitan Government for the right to enter, construct, operate, maintain, repair, rebuild, enlarge, and patrol its now existing or future utilities, including drainage facilities, together with their appurtenances, and to do any and all things necessary and incidental thereto.
Section 3. In the event there is proposed any construction over, above, or under said existing utilities, that said construction shall have the approval of the Director of Public Works and/or the Director of Water and Sewerage Services, together with the approval of any other pertinent departments of the Metropolitan Government or other governmental agency, including the Nashville Electric Service.
Section 4. That the Director of the Department of Public Works be and hereby is authorized and directed, upon the enactment and approval of this ordinance, to cause said change to be made on said GIS Centerline Record as set out in Section 1 of this ordinance, and to make notation thereon of reference to the date of passage and approval of this amendatory ordinance.
Section 5. Amendments to this legislation may be approved by resolution.
Section 6. This ordinance shall take effect from and after its passage, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.
Freddie O'Connell, Fabian Bedne, Jeremy Elrod
Download Bill BL2018-1304
Download Attachment for BL2018-1304
Legal Analysis for BL2018-1304
IntroducedAugust 7, 2018
Passed First ReadingAugust 7, 2018
Referred toPlanning Commission - Approved
Traffic and Parking Commission - Approved
Traffic, Parking, and Transportation Committee
Passed Second ReadingAugust 21, 2018
Passed Third ReadingSeptember 4, 2018
ApprovedSeptember 5, 2018
Last Modified: 01/11/2019 11:58 AM
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After years of suppression, scientists finally admit copper destroys norovirus (and so does silver)
Tuesday, October 15, 2013 by: Rebecca Winters
Tags: copper, norovirus, silver
https://www.naturalnews.com/042507_copper_norovirus_silver.html
(NaturalNews) The highly infectious norovirus, or stomach flu bug, causes a very common illness, affecting hundreds of millions of people who come into contact with it through contaminated food, water, surfaces or other people every year. Now, scientists have discovered that copper and its more than 300 different alloys don't just fight norovirus - copper destroys it.
Simulating contamination via touch, researchers found that norovirus could not survive on any dry surface containing more than 60% copper. The findings do not apply solely to norovirus either but to a range of various fungi and bacteria. Armed with this knowledge, lead study author Sarah Warnes noted that copper-rich antimicrobial surfacing in high-traffic public areas, especially care facilities, could reduce norovirus exposure and significantly cut down how many people get sick.
This research reaffirms a previous study out of the University of Nebraska that was the first to demonstrate that when microbes were exposed to dry, copper-infused surfaces, hundreds of millions of bacterial cells died within minutes.
Copper's antimicrobial properties have been known for thousands of years, dating back to an ancient Egyptian text that discussed using the mineral as a sterilization agent for wounds and drinking water. The Father of Modern Medicine, Hippocrates, even mentioned copper as a treatment for leg ulcers circa 400 B.C. Further ancient copper cures span the gamut of treatments, including for infected ears, purging the stomach of intestinal parasites and lung diseases.
Likewise, silver has been used for centuries to fight germs as well. Silver was used in the creation of cups, plates and eating utensils (that's why they call it 'silverware') to keep pathogens at bay. In more recent times, American pioneers would place silver or copper coins in their drinking water casks to keep it germ-free.
Conventional medicine has not respected ancient health traditions.
Although various forms of colloidal silver solutions have been used for hundreds of years as a natural antibiotic, the U.S. Food and Drug Administration (FDA) ran a scaremongering campaign against it, claiming it would turn people silver. No, really. In reality, the amount of silver in these solutions is in the hundred parts per million range, way below the amount it would take to actually turn anyone's skin silver. With humans ingesting silver for thousands of years, if it were really so dangerous, we'd see a lot more silver people walking around by now.
We have witnessed an overuse of antibiotic pharmaceutical drugs in modern times that has led to the rise of antibiotic-resistant superbugs such as MRSA - or methicillin-resistant Staphylococcus aureus - an infectious, flesh-eating bacteria found primarily in hospitals (where, consequently, it has been shown to spread the fastest and can do the most damage to people who are the most vulnerable).
While mainstream medical science has thus far been clueless as to how to curb this growing epidemic, the norovirus researchers found that dry copper surfaces also kill MRSA within minutes of contact. Interestingly, most hospitals use stainless steel surfaces. These researchers were able to demonstrate in a side-by-side microscopic comparison how copper beats out stainless steel in wiping out MRSA (see video here). Stainless steel had little to no effect on the superbug.
Perhaps most important, unlike antibiotics, microbes do not build up a resistance to copper or silver.
Currently, data shows that one in every 20 hospital patients contracts an infection while hospitalized; this results in 1.7 million sick people and approximately 100,000 U.S. deaths each year at a cost of $10 billion annually. With the staggering amount of research showing copper and silver's potential to reduce the adverse health effects from out-of-control bacteria, specifically in a hospital setting, it's astonishing that these solutions are being ignored or even suppressed.
http://www.sciencedaily.com
http://www.purestcolloids.com
http://www.antimicrobialtouchsurface.com
Copper at FETCH.news
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Home | Tag Archives: NBA Live 95
Tag Archives: NBA Live 95
Wayback Wednesday: Shaquille O’Neal & NBA Live
Andrew June 19, 2019 Features, NBA Live, Wayback Wednesday Leave a comment
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I’m taking a look back at Shaquille O’Neal’s history with NBA Live.
Before the 2019 NBA Finals tipped off, it was noted that the series marked the 35th year in a row that the league’s championship round featured a player who was at one time a teammate of Shaquille O’Neal. It’s not the first time that Shaq’s connections to a Finals participant has come up, but with LeBron James’ offseason move to the Los Angeles Lakers after eight consecutive Finals appearances with the Miami Heat and Cleveland Cavaliers, there was speculation that the streak may finally come to an end. Thanks to Danny Green and the champion Toronto Raptors, it remains intact.
With a nineteen year career that began in 1992 and ended in 2011, and saw six stops along the way, the streak is arguably less surprising than it seems. Given the number of journeyman he played with, and his own nomadic nature later on in his career, it’s no surprise that there are connections stretching out in both directions. On the virtual hardwood, Shaquille O’Neal has a similar streak of longevity, particularly when it comes to the NBA Live series. Let’s take a look back…way back…
Wayback Wednesday: NBA Live Picture Editor
Andrew May 8, 2019 Features, NBA Live, Wayback Wednesday Leave a comment
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I’m taking a look back at the NBA Live Picture Editor, a tool for modding portraits in NBA Live 95, 96, and 97.
For a veteran modder, there’s something really fun and satisfying in breaking out the tools to edit an old game. The nostalgia in doing so is comparable to dusting off an old favourite to play it, as memories of all those hours tinkering come flooding back. I indulged in that nostalgia a month ago when I revamped a couple of my mods for one of my all-time favourite basketball games, NBA Live 96. Although I was satisfied to finally complete some unfinished business, particularly with the Complete Update for the 2001 season, I didn’t have time to do any work on the portraits.
Editing portraits in NBA Live 95, NBA Live 96, and NBA Live 97 is done using a tool called the NBA Live Picture Editor. Co-developed by two of our founders, Tim and Brien, it’s a nifty tool that wasn’t put to use all that often for public releases. As such, it’s somewhat overlooked in the history of our modding community. It’s worth remembering though, so let’s take a look back…way back…
Wayback Wednesday: Old School Introduction Videos
Andrew January 9, 2019 Basketball Video Games, Features, Wayback Wednesday 2 Comments
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I’m taking a look back at the introduction videos that were featured in old school basketball video games.
I’ve been producing Wayback Wednesday as a weekly feature since November 2015, and yet somehow, I’ve never discussed the introduction videos that were featured in old basketball games. I’ve talked about music, and I even posted a breakdown of NBA 2K12’s introduction video with comparisons to the real highlight clips, but I’ve yet to profile the intros that greeted us upon firing up some of our old favourites, despite the fact it’s a very obvious choice of topic for a Wayback Wednesday feature. Well, better late than never, right?
Lengthy introduction videos are seemingly being phased out, but you certainly don’t have to be a grizzled basketball gamer in your 30s to remember them. However, there was something special about the intros in old school basketball games. If you watch them today, you might just feel pumped up to play those old titles again, just as you were all those years ago. Let’s take a look back…way back…
The Friday Five: 5 Most Significant Years in Basketball Gaming
Andrew January 4, 2019 Basketball Video Games, Features, The Friday Five 2 Comments
Welcome to this week’s edition of The Friday Five! The Friday Five is a feature that I post every Friday in which I give my thoughts on a topic that’s related to NBA Live, NBA 2K, and other basketball video games, as well as the real NBA, and other areas of interest to our community. The feature is presented as either a list of five items, or in the form of a Top 5 countdown. This week’s Five lists what I feel are the five most significant years in the history of basketball gaming.
2019 is upon us, and as always, I’m hoping that it’ll end up being a fantastic year for basketball gaming! Hopefully, we’ll be able to get a lot of enjoyment out of the 2018 releases for the next eight or nine months, and then get our hands on even better titles to close out the year. While the success of basketball games ultimately rests with their respective developers, we shouldn’t underestimate the impact that we can have as a community. As such, it’s important that we speak up with constructive feedback, so that we can do our part in making 2019 a big year on the virtual hardwood.
There have been quite a few milestone years for basketball video games over the past three decades. They’ve marked significant improvements within the genre, through the release of many memorable games that have gone down as classics. Of course, there are also years that have been significant in terms of basketball gaming for far less positive reasons. As we tip off a new year and hope for the best when it comes to the future of basketball gaming, I feel there’s value in looking back at the road that hoops games have travelled. After all, it’s essential that forthcoming games not only build upon the success of their predecessors, but also avoid some of their pitfalls.
Wayback Wednesday: Slow Motion Dunks in NBA Live
Andrew September 19, 2018 Features, NBA Live, Wayback Wednesday Leave a comment
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I’m taking a look back at the slow motion dunks in older versions of NBA Live.
It’s interesting to look back at the features and mechanics that were featured in old basketball video games. There’s a reason that many of them ended up being dropped over the years – especially as the sim titles aimed to be more and more realistic – but there’s still a lot of nostalgia in them. When I think back to games like NBA Live 95 and NBA Live 96, one of my fondest memories is of throwing down big dunks and having my player point at his opponent, or pumping his arm in triumph, as he runs back on defense.
In fact, I’d say that a lot of older basketball gamers remember that aspect of dunking in the early NBA Live games. A feature that made those dunks even more exciting – much as they could be with the animations of the time – was the option for slow motion dunks. It’s an outdated concept now, particularly in the era of online play, but in its day it was pretty cool. Let’s take a look back…way back…
Wayback Wednesday: The Isometric Camera Angle in NBA Live
Andrew August 29, 2018 Features, NBA Live, Wayback Wednesday Leave a comment
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I’m taking a look back at the iconic isometric camera angle in NBA Live.
Camera angles have a significant impact on the quality of the gameplay experience across a wide variety of genres. As many titles in the early days of 3D would end up demonstrating, poorly designed camera angles and movement resulted in artificial difficulty, either by obscuring the player’s view at inopportune moments, or simply by not providing a suitable view of the action at any time. In sports video games, a bad camera angle made it a lot easier to step out of bounds, and it was harder to determine where players were in relation to each other and the field of play.
Most early basketball video games used a similar sideline camera angle, which was fine for the time, but did have a few drawbacks. EA Sports would change things up with the release of NBA Live 95, when they switched to an isometric camera angle. Not only does it remain a distinctive look that gamers found appealing, it also made the gameplay experience far more enjoyable. Let’s take a look back…way back…
Wayback Wednesday: Swapping Files in NBA Live 95 & NBA Live 96 PC
Andrew August 1, 2018 Features, NBA Live 95, NBA Live 96, Wayback Wednesday 4 Comments
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I’m dusting off NBA Live 95 and NBA Live 96 PC, and swapping some files around.
Let’s do something a little different for this week’s Wayback Wednesday; let’s tinker with the PC versions of NBA Live 95 and NBA Live 96! Specifically, we’re going to swap some art files between the games, just to see what works. The idea of swapping compatible files between games didn’t take off until much later, mostly because we generally didn’t create much in the way of custom art mods for the early games in the series. My complete update for NBA Live 96 featured updated logos and jerseys that another member contributed, but generally speaking, rosters didn’t include art updates.
With dial-up Internet connections, comprehensive updates simply weren’t the done thing. It’s a shame we didn’t look into it though, because there are assets that can be swapped between NBA Live 95 and NBA Live 96. There’s not a wide variety of mods that can benefit from this technique, but if nothing else, it could’ve enhanced roster updates with some season-specific artwork. Let’s take a look back…way back…
Monday Tip-Off: Nostalgia in Basketball Gaming
Andrew June 25, 2018 Features, Monday Tip-Off, NBA 2K, NBA Live 2 Comments
We’re at midcourt, and the ball is about to go up…it’s Monday Tip-Off! Start your week here at the NLSC with a feature that’s dedicated to opinions, commentary, and other fun stuff related to NBA Live, NBA 2K, and other basketball video games. This week, I’m tipping things off with a few thoughts on nostalgia in basketball gaming.
Nostalgia is a powerful thing. Deconstructing it as a concept is a little beyond a site dedicated to covering basketball video games but suffice to say, experts who know a lot more about psychology and sociology than I do have identified both positive and negative aspects of nostalgia. Nevertheless, I’d say that for most of us, it’s a healthy indulgence of our old favourites, whether it’s video games, television shows, films, music, sporting moments, or whatever. It’s often fun to reminisce, not to mention good fodder for discussion and debate.
Basketball games appeal to our nostalgia with retro content such as historical teams, but old hoops games themselves also hold a certain appeal. It’s fair to say that many of us are nostalgic for the titles we grew up playing; I know I am, which is why I enjoy producing my weekly Wayback Wednesday feature. We also hold up the best releases from yesteryear as a benchmark for new games, which isn’t necessarily a bad thing. After all, we do want to see basketball games continue to improve, especially when it comes to the annual releases. However, it is possible to get caught up in nostalgia, judging new games unfairly and exaggerating the quality of older titles.
The Friday Five: 5 Least Favourite Basketball Games to Mod
Andrew September 29, 2017 Features, Modding, NBA Live, The Friday Five Leave a comment
Welcome to this week’s edition of The Friday Five! The Friday Five is a feature that I post every Friday in which I give my thoughts on a topic that’s related to NBA Live, NBA 2K, and other basketball video games, as well as the real NBA, and other areas of interest to our community. The feature is presented as either a list of five items, or in the form of a Top 5 countdown. This week’s Five is a list of the games that have been my least favourite to mod over the years.
Since I reflected on my favourite games to mod last week, it only makes sense that I now take a look back at some of the hoops titles that are among my least favourite to tinker with. As I mentioned in last week’s feature, some games are relatively easy to mod, while others are very cumbersome to work with. Even when you know what you’re doing and have mastered the techniques, the general difficulty or lack of flexibility with the files often makes modding more of a chore. Also, just as your favourite games are more fun to mod, the games that you don’t enjoy as much can be very unappealing to create content for.
With that being said, although these games are not among my absolute favourites to mod, I can’t say that I’ve never had any fun modding them. When it comes to a few of these games, I did spend quite a lot of time working on updates for them, and even returned to create new mods for them years later. It’s not that I absolutely hated every moment of modding them; if that were the case, I simply would’ve stopped sooner than I did. It’s just that of all the games I’ve messed around with over the years, they’re not among my favourites. Without any further ado, here are my five least favourite basketball games to mod, in chronological order.
Wayback Wednesday: NBA Live 95 in NBA Live 06
Andrew June 28, 2017 Features, NBA Live 06, NBA Live 95, Wayback Wednesday Leave a comment
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I’m taking a look back at the presence of NBA Live 95 in the PlayStation 2 version of NBA Live 06.
Generally speaking, sim-oriented sports titles aren’t what most people think of, or indeed reach for, when it comes to retro gaming. They don’t always age well, mostly because they appeal to a demographic that wants to see more and more realism, as well as play with current season rosters. As such, they’re not as popular among retro gamers, to play or collect. That being said, there is a contingent of basketball gamers who do enjoy playing and modding older titles, so it’s certainly not unheard of. Finding a way to keep playing old favourites, or at least fire them up every once in a while, is something that people in our community do have an interest in.
When it came to the PlayStation 2 version of NBA Live 06, EA Sports made that a little easier by including an emulated version of NBA Live 95. It was a rather unusual example of bonus content, so let’s take a look back…way back…
Wayback Wednesday: NBA Live’s Classic Custom Teams
Andrew April 12, 2017 Features, NBA Live, Wayback Wednesday Leave a comment
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in some nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content. This week, I’m taking a look back at the classic custom teams in old NBA Live games.
If you asked me to name a popular Wishlist item regarding roster management in the past decade or so, custom teams would have to be at the top of the list. When it comes to NBA Live, we haven’t had an in-built Create-a-Team function since NBA Live 2000. The option has also been absent from NBA 2K on the current generation, making it a more recent addition to the Wishlists sent in to Visual Concepts. Although you could argue that there are more pressing issues with both NBA Live and NBA 2K, it’s something that still bugs basketball gamers as it’s a feature that’s fallen by the wayside, and one that could be found in very old titles.
Of course, the custom teams that could be found in the first few iterations of NBA Live were a little different to the functionality that we want to see return. They do have their own nostalgic charm of course, so let’s take a look back…way back…
The Friday Five: 5 Roster Oddities in Basketball Games
Andrew March 17, 2017 Features, NBA Live, The Friday Five 2 Comments
Welcome to this week’s edition of The Friday Five! The Friday Five is a feature that I post every Friday in which I give my thoughts on a topic that’s related to NBA Live, NBA 2K, and other basketball video games, as well as the real NBA, and other areas of interest to our community. The feature is presented as either a list of five items, or in the form of a Top 5 countdown. This week’s Five is a list of five oddities found in the rosters of various basketball games.
Whether you’re updating a basketball video game or simply playing it, the accuracy of the roster is probably going to be of great importance to you. Sometimes, that authenticity is limited or compromised by factors such as the roster cut-off date, lockouts, and a lack of licensing rights for specific players. Official roster updates have ultimately counteracted those first two issues, and unofficial updates can provide workarounds for the third. Furthermore, through consistent official updates and user customisation, questionable ratings don’t have to remain a problem for long, either.
Of course, even if certain issues can be easily resolved by official or unofficial means, basketball games have presented some unusual oddities in their default rosters over the years. Sometimes, unusual real life circumstances lead to inaccuracies, or create other interesting situations. In other cases, the game’s roster management functionality itself is cumbersome, or otherwise strange. Whatever the case may be, there have been a number of roster oddities in basketball video games over the years, and today I’m talking about what I feel are five of the most interesting and noteworthy examples.
The Friday Five: Best Sim Basketball Game of Each Generation
Andrew December 9, 2016 Basketball Video Games, Features, NBA 2K, NBA Live, The Friday Five 4 Comments
Welcome to this week’s edition of The Friday Five! The Friday Five is a feature that I post every Friday in which I give my thoughts on a topic that’s related to NBA Live, NBA 2K, and other basketball video games, as well as the real NBA, and other areas of interest to our community. The feature is presented as either a list of five items, or in the form of a Top 5 countdown.
When we look back to rank and rate basketball video games throughout the years, it’s important that we keep a few things in perspective, such as the technology of the time, and a game’s improvement over its immediate predecessors. With the way that basketball titles and other sports video games have improved, it’s not always a fair comparison once a few years have passed, to say nothing of a generation or two. Even though they’ve been surpassed, certain basketball games definitely deserve to be recognised as the best sim title of their day. As such, today I’m picking the best sim basketball games in five distinct generations, or eras if you prefer.
I must emphasise that these are my personal picks, and that I’m not presenting this list as infallible, definitive, or above question. There are several worthy candidates that you might prefer, and I obviously reserve the right to change my opinion in the future as well. However, as it stands today, these are my selections for the best sim-oriented basketball video games in each generation, starting from the early days of basketball gaming and going right through until today. Without any further ado, let’s tip things off with basketball games from the 16-Bit era and earlier.
Wayback Wednesday: NBA Live 95 Nintendo Power Articles
Andrew August 24, 2016 Features, NBA Live 95, Wayback Wednesday 6 Comments
This is Wayback Wednesday, your midweek blast from the past! In this feature, we dig into the archives, look back at the history of basketball gaming, and indulge in nostalgia. Check in every Wednesday for retrospectives and other features on older versions of NBA Live, NBA 2K, and old school basketball video games in general. You’ll also find old NLSC editorials re-published with added commentary, and other flashback content.
Beyond retrospective articles and videos – and of course, actually dusting off retro video games to play them – there’s another way for us gamers to get a nostalgia hit: old magazines and articles. To this day, I regret throwing out my entire collection of Nintendo Magazine System mags, as there are times when I’d love to look back on them and reminisce. With basketball video games coming as far as they have, it’s interesting to look back on old reviews and previews to see the things that once excited us, as they often seem mundane many years later.
Recently, Arcane stumbled across a couple of Nintendo Power articles on NBA Live 95, the first game in the NBA Live series and a title that’s widely considered to be a classic. For this week’s Wayback Wednesday, I thought I’d share them with everyone, and offer up a few thoughts on their contents. So, let’s take a look back…way back…
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View Title Details
The Secret Letter
by Debbie Rix
Pub Date: 22 Jul 2019 | Archive Date: 22 Jul 2019
jeanie m, Reviewer
Thanks to netgalley for an early copy in return for an honest review
First time reading this Author and thoroughly enjoyed this book
Set in war time 2 very strong women characters seeing the story from 2 very different perspectives intriguing read that held my attention can highly recommend.
Leslie M, Reviewer
I enjoy WWII-era stories, so I was looking forward to this book, and it didn’t disappoint. Characters and storylines are well-developed and realistic. The two lead heroines (Imogen and Magda) are strong and determined, and they want to make a difference during the war. The prose is beautiful, but heartbreaking at times. The story allows the reader to see things from two perspectives: the British (Imogen) and the Germans (Magda). The plot unfolds over a period of years (1939-1950s), and the author holds the reader’s attention throughout. This historical novel is based on actual events. It’s apparent that Rix did a lot of research for this story.
Julie H, Reviewer
A fascinating and interesting read. This book is beautifully written and had me in tears in places. Magda and Imogen’s stories are thought provoking and moving. I learnt more about World War 2 and different peoples attitudes. This book will stay with me for a long time.
Thank you to Netgalley for my copy.
Tricia W, Librarian
I received an advanced e-copy of The Secret Letter by Debbie Rix from NetGalley. This story was beautifully written and hooked me immediately. The story features two girls - one in England and another in Germany during World War II. Their two stories are interwoven even though they have never met each other. They each experience hardships and unjust treatment of others during the war. I was enthralled with the story all the way to the end and stayed up too late reading, but it was worth it!
Paige P, Reviewer
The Secret Letter poses these questions- Are morals innately defined by organic character or predominately influenced by the setting of anthropology? Does everyone retain some secrecy behind their own veil of security? Do familial ties remain constitutional if bartering with infringement?
The experiences and journey of Magda and Imogen are refreshing and genuine, rather than romanticized. The story is not always ideal for the character, and likewise the character is not always faultless. This story range focuses on identifying the connection between the two main characters, Magda and Imogen, following the modern historical fiction trend. Yet, the association between the two girls is intriguing from the beginning and stays constantly alluring throughout the entirety of the novel; and, once discovered, their particular connection is one that is different from other novels. Although this story does alternate chapters between two characters like most historical fiction, the pattern and exploration for determining the girls relationship was admirably unconventional and enjoyable.
I found the dialogue between the girls and their mothers especially palpable. The mother-daughter relationships were carefully crafted and conscientiously instrumental throughout the story.
The inclusion of the radio broadcasts, leaflet prints, speeches, and newspapers clippings added to the authenticity of the story. Some works of historical fiction do not include the excerpt from these texts, but this novel actually incorporated the dictation from primary sources. Furthermore, it was exceptional how the story depended on these authentic texts to establish the chapters.
I appreciated how the prose of Imogen during her time as a Wren did not transform into an entire address on women's suffrage. The reader did experience the injustice of equality during the time period through Imogen, but it was uplifting that she was not paralyzed by this notion in order to foster her success.
This story incorporates the resistance of The White Rose group. I have read about The White Rose in other works of fiction regarding the same topics, so I wasn't as enthusiastic for this portion of the novel. I found the age of the surviving characters questionable at the end. However, this was not prevalent enough to take off a star.
Permitted these being available, I thought it would have been neat to include a photo of her mother in her Wren uniform and a photo of her father in his RAF uniform. And even more interesting, possibly, a photocopy of one or two of the notes/diary her father kept in boots.
Many thanks to NetGalley, Debbie Rix, and Bookouture for the opportunity to read and review this advanced copy.
Kristine C, Reviewer
An absolutely beautiful historical fiction on WW2.
You go through the war from the perspective of Imogen - a British school girl quickly becoming a young woman, and Magda - a German school girl quickly finding her role in the war as well. Both of these women are brave beyond their years and I loved their dedication to a moral duty. This really stayed true to the emotions of the war. We see Imogen and Magda fall in love and make some heart-wrenching decisions for love. It was a really beautiful tribute to the women of the war and to the men in their lives.
I don't know how else to review this without spoilers other than to say that it was so beautifully written, and it really moved me. I felt so invested in ensuring these 2 women got the best life after all they had been through even though I had no control over it. WW2 is a shocking part of human history but I love WW2 historical fictions - especially those based on true events like this one - that remind us of the stories of the normal, real people caught in the crossfire of such a terrible event. I'm so glad they were so good at recording their life stories and for authors who bring them to life. A marvelous, marvelous read!
Merry B, Reviewer
Fans of historical fiction, featuring strong female characters will fall madly in love with the intertwining stories of Magda and Imogen. It's rare to think of the struggles and work performed by women during a war, but women were just as much a part of the war as the men were; from holding down the homes, secret operations, and even actual work, like being a part of the Wrens, as Imogen was.
This story was one that allowed us to see the girls through their teen years and beyond. We got to know each girl before and during the war, seeing how their lives were shaped and changed by those things surrounding them and how they both fought, in their own way, for freedom from Hitler's power.
While Imogen was a character that I strongly disliked through a good portion of the book, she did pull me in at times. I found myself enjoying her and then loathing her. She seemed mean spirited at times towards those around her, although I'm sure many will read her words and not see it that way at all. I hated how things would seem to be going to so well for her, boy wise, especially, and then she would just drop them! Ugh. But, I found myself rooting for her once again towards the end.
However, the real gems in this story were that of Magda and Michael. I could have had an entire book written on just those two. I loved Magda's chapters and found myself wanting more of her. She's the character that stuck out the most to me and will be the one I won't possibly be able to forget, even if Imogen's story did teach me things about the time period that I didn't know. Like, for example, that women still needed their parent's permission to do things like go to France for their jobs if they weren't yet 18! Yet, it was the heartfelt love story between Magda and Michael that truly got me, as well as Magda's struggles with Otto. They were so real and relatable, even though they truly aren't relatable. You couldn't help but feel for Magda throughout it all. No matter what life tossed her way, more always seemed to come. Yet, she never gave up hope and made the best of it.
While reading this, it reminded me of The Beantown Girls and their time in the castles while abroad, much like how Imogen had to spend time beside a chateau in France. Both books mentioned burning furniture to stay warm and showed how difficult it was for these ladies to be away from home and so close to the front lines.
Stories like these need to be told so that they're never forgotten. War is a terrible thing, yet people tend to forget about just how harsh it truly can be as time moves on. But, they also need to be told so that all of the heroes within the war can be remembered, not just those who fought in the typical way that comes to mind when we think of war. Every person plays a vital role in the war, no matter how small and insignificant it may seem at the time.
Andrea E, Reviewer
This historical fiction novel portrays a refreshing perspective on the lives of two girls from vastly different backgrounds - and opposing sides of the war - who transform into women during the backdrop of World War II. Imogen grows up in a middle class English family and chooses to "do her part' for the war, leaving her university studies to become a Wren for the Allies. Magda is a farm girl raised in the German countryside where joining the Hitler Youth is expected of the teens in her community. Fierce bravery and independence are qualities shared by Imogen and Magda whose lives intersect throughout the war but who don't ultimately meet and realize their shared ties until decades later. Many historical details are presented that I found especially enlightening and touching, including the White Rose German Resistance as well the bravery showed by the women who served the Allies in groups like the Wrens. I thoroughly enjoyed The Secret Letter and highly recommend it for those who enjoy a blend of women's fiction and WW II historical fiction - this novel has it all!
Thanks to NetGalley and Bookouture for an ARC in exchange for my honest review.
Elizabeth D, Educator
Two girls, one thirteen, the other fifteen, in Germany and one in England make up the core of this historical novel about WWII. Magda lives on a farm in Germany, and she has a happy life with her parents and her brother Karl. In 1939, things began to change, and her brother decides to go to continue his studies at Oxford. Magda is expected to join the German Girls League, and she hates every aspect of it starting with the ugly uniforms on up to the nasty leader.
Imogen is from Leeds and also has a loving family, but they insist that she go to the Lakes District for the duration of the war. At first, she boards with a family, along with her two best friends from Leeds, Joy, and Helen. They like the family she and Helen are assigned to live with for the first year. Imogen leaves behind the guy she thinks she loves, Freddie.
As this novel moves forward and each girl faces hardship, loneliness, and fear, the war becomes more ferocious. This well-written novel gave me an insightful look at life for young women who did not fight but took on the dangers, each in her way. We know the ending of the war, but this novel gave me so much more detail. I cannot recommend his more highly. Do find time to read this book!
Thank you, Debbie Rix, Bookouture, and NetGalley for allowing me to read this ARC (July 22).
Michele R, Reviewer
What a beautiful book. This is a moving story which tells of two smart and brave girls whose lives are drastically impacted by WWII. Magda, living on a farm in Germany, discovers at an early age that the propaganda of the Nazis is not to be believed and Imogen is evacuated from her home in England to protect her while those she loves are left in harms way. As the war progresses, each young woman does her part to further the causes they believe in. The book begins with a letter explaining how the lives of the two women are connected and we are then treated to their incredible journeys. This book was hard to put down. I’ve read countless WWII historical fiction and this one has its own interesting perspective which adds to its appeal. Many thanks to NetGalley, Bookouture, and Debbie Rix for the ARC.
Anne D, Reviewer
The Secret Letter is an exceptionally well written story of two girls who become young women during WWII, and the author significantly threads the historical context at the time into each of their lives. Particularly impressive are the relationships each girl has with her parents. Both girls' mothers are strong influences in their lives; both families are strong units; the fathers are supportive and understanding. The dialogue among the family members is believable, as though it had been witnessed or recorded.
Imogen is English, upper middle class, and motivated to attend University, rare for most women at the time. Magda is German, the daughter of farmers who run their own farm and make an independent living. She, too, aspires for an education not typically available for women.
Imogen's experience is that she has to leave her home to live with foster families in the countryside, along with other British children, as a precaution against German bombs in the cities. Imogen loves Freddie, a boy she has known all her life but has to wait for through the duration of the war. War temporarily disrupts her plans but offers her the opportunity of a lifetime, to work with British intelligence as a plotter of strategic military maneuvers.
Magda's experience is that she has to belong to Hitler's Youth groups and participate in the required training for service in a movement that repulses her. She is pursued by Otto, a firm believer in the Third Reich, a frightening character who becomes an SS officer. Magda's experience is more difficult, more complicated, and yet every bit as interesting and involved as Imogen's.
The historical events as they occurred at the time in England and in Germany are informative and relevant to the stories of Imogen and Magda. There are really three stories here: Imogen's, Magda's, and the history being made at the time. The characters are believable, the stories well told, the history well researched and incorporated into the plot. I thoroughly enjoyed the book.
Actually, the rating is 4.5. Thanks to Netgalley and Bookouture for the advanced copy.
Emy P, Reviewer
Thank you to the publisher and author for providing me with a digital ARC of this title via Netgalley in exchange for my honest review.
When I saw this advertised for those who loved the Orphan Train and the Book Thief, I was immediately interested. I loved both books and am usually a fan of historical fiction set during World War II. While it doesn't match the two books its compared with, I must say it isn't far behind, especially as it is based on a true story. I liked the dual narratives telling the story of two young women during the war, one in Germany and one in England. You really get a feel of what life was like for citizens during the war, the fear and horrors of war. For one, the fear of leaving your family along with other children and youth to live in the country with strangers. For the other, the fear of staying on your family farm to help support the family while quietly doling all you can to stand up against your own country when you disagree with what is being done. Both fearful of losing friends and family from the war. The Secret Letter is well written and quickly drew me in. I like how the two narratives begin to intertwine as the book progresses. A horrific time, but inspiring to see the courage, faith, and hope shown by so many. I would love to read more by this author and would recommend this to anyone who shares an interest in World War II historical fiction.
Carla D, Bookseller
The Secret Letter is a book about two young girls who grow up during WWII, which if you know anything about me, you know I'm gonna obsess over it. A lot. And then jump on the opportunity to read it.
This book basically follows Magda, a young German girl on a little farm in a tiny village near Augsburg, and Imogen (or Ginny), a young English girl who is first moved to school in the middle of nowhere to keep the children safe and then pursues a career as a Wren for the British Army. Their paths intertwine in the most unexpected ways. The story is apparently based on Rix's own grandparents which might be why these characters feel so real.
This is not my first WWII book. It's not even my first WWII book this year. But the fact that it's written from the POV of two young girls drew me in. I then fell in love with the fact that these characters provide very different insights into the war than most WWII books as none of these girls are Jewish or persecuted.
Personally, I quite enjoyed Imogen's stubbornness and particularly the letters to her parents, which go from a description of how everyone around her is handling war to asking for new shoes in the next line. She is a bit ditzy sometimes, especially when around her friends or some particularly striking boys/young men. But she is still strong and clever and dedicated. Then, there's Magda, who could keep her head down and just ignore what's happening around her so she can remain safe. It's definitely what her parents would like. But her friend Lotte was forcefully removed from her home for being Jewish and her brother Karl keeps telling her, the government is not right and then she doesn't feel like German girls should only be considered as possible 'broodmares' for perfect Aryan children. So, why shouldn't she help where she can, be it with The White Rose or Michael or even Freddy?
I truly appreciated this more than I expected simply for being so different from the other books I'd read on this subject. No, I don't care how much of it is actually based on the truth and how much is embellished because the result is a beautiful tale of children who should have been okay, but were forced to grow up considerably faster than usual because some people decided they needed to act on their horrible xenophobic tendencies.
I found it to be somewhat syrupy sweet at points, but it's a nostalgic kind of classic read. The kind of book a young reader would enjoy, as well as an older person with connections to the time period.
Doris V, Reviewer
Imogen and Magda don't know each other. They are as different as they can be from each other. One comes from wealth with a desire to go to university to become an architect. One lives and works on her parents farm.
As with any war. Lives will become entwined. People will meet and know each other without really knowing each other. Some fight on the part of Germany others for the allies.
Their paths do cross, many, many years later. Ar the end of the day. No matter what side your allegiance was to, all people want is peace. To live together without animosity. These women will meet, both with different views to the same story.
Wonderful, strong, interesting characters. Incredible story.
Mercedes P, Reviewer
A different insight about WWII and how it affected the people.
A good interesting , intriguing story about the women during the war.
voluntarily reviewed,
Kathryn g, Reviewer
An interesting and engrossing story set in world war two. A look at the circumstances from both sides,with a woman's role taking the main focus.
Deborah G, Bookseller
The story started well, with interesting characters especially the portion of the story that took place in Germany but towards the end became sort of unbelievable and trite. Nevertheless a good summer read.
A fabulous true story of WWII. Two women who are in different countries helping those who arena uttering in the war. They have family members and military member contacts, u knowingly. Their lives are parallel min many ways. I learned a lot as one was living in Germany and the other in Lomdon and Paris. They had to be secretive so it kept you reading to see what would happen next. A different WWII story style. Worth the read. The two main characters were Imogen and Magda and they had different types of lives vutmsrill served their causes in equally important ways.
Gladys M, Reviewer
I received a free ARC of The Secret Letter from NetGalley in exchange for an unbiased review.
Rix's The Secret Letter represents the time period of historical fiction I normally love - World War II. Even though I am a baby boomer, fiction about this time period depict people I could have known, experiences that could have rippled through my life, and ramifications that definitely impacted my childhood. This novel, however, is a little too similar to others I have read.
Magda Maier, a young German girl, is passionate and compassionate. She and her family, especially her brother, are alarmed at the rise of Nazism and its impact on their neighbors and way of life. She knows it is wrong and during the war will risk her life to uphold her beliefs. The family's day-to-day existence is not as severely impacted as one might expect since their farm is self-sufficient and there is always food. When Magda finds a downed British airman, she and her family hide him as her heals.
In England, Ginny is also ready to leave her protected life behind. First as a young girl, she is forced to evacuate along with her schoolmates to the north of England. Her independent and daring streak begins to appear. She wants to study engineering but because of her gender is unable to do so.. Instead she turns to architecture and studies for a year before she national service in the Wrens. There she serves as a plotter and comes into fleeting contact with the political and military powers of the time. Her new independence is something she is unwilling to give up.
Both young women experience first loves, new emotions, and disappointment. It is nice to read a novel where women demonstrate bravery, hard work, and ethical behavior in the midst of chaos and uncertainty. #NetGalley #TheSecretLetter
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Netflix blockbuster The Crown filmed in Newmarket
By Tina Murray
tina.murray@newmarketjournal.co.uk
Published: 12:37, 05 November 2018
| Updated: 12:39, 05 November 2018
Olivia Colman in The Crown (5108499)
Filming has taken place in Newmarket for the third series of the Netflix blockbuster The Crown.
Camera crews and cast members were at work in a number of locations in the town for the new series which is expected to be screened at the end of next year.
After the first two series, which dramatised the lives of the of the Queen and the Royal family from her marriage in 1947 to 1963, the new episodes will cover the years from 1964 to 1976 and, although the production company is remaining tight-lipped about what to expect, it is predicted that Her Majesty’s close working relationship with prime minister Harold Wilson will feature as well as Princess Margaret’s long affair with Roddy Llewellyn, which culminated in her divorce from Lord Snowden.
It is understood that footage filmed at racing stables in Newmarket will be used for scenes connected with the Queen’s abiding passion for horseracing and her longstanding links with the town but that they could also be used to represent other racing locations including Kentucky.
Leading actress Olivia Colman has taken over from the award-winning Claire Foy in the star role with Tobias Menzies as Prince Philip, Helena Bonham-Carter as Princess Margaret, Josh O’Connor as Prince Charles, Marion Bailey as the Queen Mother and, featuring for the first time, Camilla Parker Bowles, played by Call The Midwife actress Emerald Fennell.
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Seal of Biliteracy Checklist
Culminating Project Requirements
196 Main Street, New Paltz, New York 12566• Tel. (845)256-4020 •Fax (845)256-4025
Barbara P. Clinton Owen Kelso
Principal Assistant Principal
Seal of Biliteracy Information
What is the New York State Seal of Biliteracy?
The Seal of Biliteracy is a formal recognition of students who have studied and attained a high proficiency in two or more languages by high school graduation. It is a seal that will be placed on the diploma.
What is the goal of the Seal of Biliteracy?
highlight the achievement of multilingual students
prepare students with twenty-first century skills
recognize the value of world and home language instruction in our schools
identify high school graduates with language and biliteracy skills for employers or universities
For the 2017-2018 school year, the program will be available to New Paltz High School seniors only. The NYSSB is intended for all students who demonstrate a high intermediate proficiency in English and any other language, including American Sign Language. (A language does not have to be part of the New Paltz High School World Language program to be eligible.)
How does an interested student earn the seal?
Submit an application to guidance. Forms can be found on the New Paltz High School website by going to the For Students drop down and clicking on the Seal of Biliteracy Application.
Students will then be placed with an advisor to review the criteria and set up a pathway to achieving the seal.
What are the pathways to achieving the seal?
There are different ways a student can attain the seal. New York State determines the outlines of the pathways. The New Paltz High School Seal of Biliteracy Committee (SBC) has the task of implementing and approving a student’s achievement of the seal of biliteracy. See website for New Paltz High School Seal of Biliteracy Checklist.
Who decides if a student earns the Seal of Biliteracy?
The New Paltz High School Seal of Biliteracy Committee (SBC) is made up of World Language teachers, English Language Arts teachers, English as a New Language teachers, guidance counselors and administrators. After a student has completed the requirements, a minimum of two committee members will evaluate their work, following the criteria set by NYSED. If a student has chosen to do a portfolio as part of their pathway, the student will be interviewed in the chosen language by a panel of judges selected by the SBC to measure interpersonal and presentation skills.
New Paltz High School is proud to announce that twelve NPHS students were awarded the prestigious New York State Seal of Bi-Literacy in 2016-2017. The students were recognized for their efforts and abilities in this achievement at graduation and on their diploma. Congratulations! We encourage students to apply for the 2017-2018 Seal of Bi-Literacy.
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Barry Ensminger
ensmingb@newschool.edu
Barry Ensminger has long been engaged at the intersection of health law, policy, program, and management. Barry became a health lawyer to advocate for low income people, particularly women and children. He is especially interested in prevention as well as issues where access, quality and cost concerns can be advanced at the same time.
Barry has worked in a range of governmental and non-profit settings at the national, state and local levels: Public Citizen Health Research Group and the Center for Law and Social Policy in Washington, DC; Director of Policy and Counsel for New York City Council President Carol Bellamy; Executive Director of Planned Parenthood of New York City; General Counsel of the March of Dimes Birth Defects Foundation and New York City’s Human Resources Administration; Vice President for External Affairs at Maimonides Medical Center in Brooklyn; and consultant to Planned Parenthood Federation of America, a number of health philanthropies and community-based organizations.
Barry enjoys sharing his experience and continuing to learn with teachers and students. He has been a Lecturer at Rutgers University School of Law, an Associate Clinical Professor at the Mailman School of Public Health at Columbia, a Visiting Scholar at the Kennedy School of Government and Institute for Health Policy Studies at UC San Francisco, and is currently taking a course on immigrant history at the CUNY Graduate Center. He has studied health care in India, South Africa and Haiti.
Barry is a graduate of Stanford University and the University of Pennsylvania School of Law.
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Hatoyama Looks Weak Like Hosokawa: Paul J. Scalise
By Paul J. Scalise On 1/14/10 at 7:00 PM EST
Swept into office by an unpopular liberal Democratic Party (LDP), aided by the self-serving calculations of party defector Ichiro Ozawa, an inexperienced idealist at the helm hoists the reform banner onto Japan. Almost immediately the new prime minister's ragtag coalition is greeted by enthusiastic media attention abroad and unprecedented cabinet approval at home. Over and over again, one word is heard: "Revolution!"
Yet what starts as irrational exuberance degenerates into hopeless despair. The premier finds himself entangled in yet another campaign-financing scandal. Cabinet approval plummets. Interparty bickering ensues as the cabinet's agenda is bogged down by protracted ministerial discussions, regulatory uncertainties, and budget constraints. A demoralized premier, now beleaguered by an unsympathetic Japanese media, an impatient public, and a stalled legislative agenda, resigns in humiliation. So begins the long road to LDP rehabilitation.
No, we are not talking about the current coalition government led by Yukio Hatoyama's Democratic Party of Japan (DPJ)—though, let's face it, the parallels are striking. We are talking about Hosokawa Syndrome, so named after the former prime minister whose impractical love of abstract ideas both made and broke a government.
The rapid rise and fall of Morihiro Hosokawa's coalition government in 1993—the first non-LDP government since 1955—marked a missed opportunity in Japan's postwar history. Barely lasting a year, the Hosokawa cabinet was heralded as historic, but left behind an anticlimactic legacy.
Will history repeat itself in 2010? The evidence increasingly suggests an encore performance. Hatoyama's DPJ began its rule in September 2009 with 75 percent of Japanese strongly approving of the cabinet's performance (Hosokawa's earlier coalition enjoyed 72 percent) and ended the year with 47 percent feeling that way (Hosokawa had 50 percent). As was the case in 1993–94, Hatoyama's cabinet presides over a strengthening yen, stagnating export growth, falling asset prices, and the world's largest debt-to-GDP ratio. Deflation is back, and the Bank of Japan is no more willing to halt it today than it was 17 years ago. If these obstacles weren't enough, economists now forecast extended economic-growth lapses in January–March 2010. A protracted downturn will mean rising unemployment and personal bankruptcies among critical DPJ rural constituencies at precisely the moment when the ruling party will seek to shore up a majority in the crucial upper-house elections in July.
In moments like this, the standard rebuttal from ruling parties is a plea for gaman, or endurance. A government has no more control over the short-term business cycle than a ship's captain has over the changing tides in the ocean. But voters rarely see it that way. Either a scapegoat in government must be blamed or the government itself must project a faux strength. Neither is happening. Instead of showing leadership, Hatoyama remains the indecisive intellectual. And here is where contracting Hosokawa Syndrome can be a real problem. Few voters care to wait years for the spillover effects of "the vision thing" without concrete blueprints. Most want to be assured exactly how, when, and where they stand to benefit from promised consumer-welfare gains, job creation, and income growth.
For Hosokawa, this dilemma was wrapped in the rhetoric of kisei kanwa, or deregulation. "We may not know yet how, when, and where the benefits of deregulation will occur," he assured the electorate, "but we will deregulate. Your lives will improve someday." Someday. Hatoyama's DPJ also claims to care about "ordinary people." And while it may not harbor much love for deregulation, it feeds the electorate a steady diet of anti-Keynesian, anti-LDP, and anti-bureaucracy rhetoric. Tax revenues fall and expenditures rise, but Hatoyama refuses to go back to the LDP model of "wasteful spending." Consequently, fewer public works translate into fewer jobs in 2010.
The ability of the LDP to prop itself up in power was always a bit of a mystery. Former prime ministers were able to pump-prime the economy with minimal success while allowing the representative elites in the decision-making process to deliberate on policy for sometimes indefinite periods. If Junichiro Koizumi, a three-term prime minister, could do that for the LDP, can't, say, Hatoyama do it for the DPJ? It might well be too little too late, but without swift action the Hatoyama cabinet will likely go the way of Hosokawa's rather than Koizumi's. The clock is ticking.
Scalise is research fellow at the Institute of Contemporary Asian Studies, Temple University, Japan Campus
Hatoyama Looks Weak Like Hosokawa: Paul J. Scalise | World
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How to Watch NASA Create Colorful Clouds Over New York and the East Coast
By Hannah Osborne On 6/12/17 at 6:23 AM EDT
Artist impression of the clouds, which should be visible from New York down to North Carolina, and as far west as Charlottesville, Virginia. NASA
Tech & Science NASA New york North Carolina
NASA is set to launch a rocket that will create colorful artificial clouds over the U.S. East Coast to study part of the Earth's atmosphere. The clouds should be visible from New York down to North Carolina, and as far west as Charlottesville, Virginia.
Live coverage of the mission will start at 8.30 p.m. ET. Viewers can watch the broadcast online below, or via the NASA Wallops Ustream site.
The Sounding Rocket will create luminescent blue-green and red clouds in the sky via vapor canisters that will be released around five minutes after launch—currently scheduled to take place from the Wallops Flight Facility, Virginia, between 9:04 and 9:19 p.m. ET.
Read more: NASA discovers humans have created an artificial barrier around Earth, and it could protect us from space weather
NASA had initially scheduled the launch for Sunday night, but had to postpone it because of boats being in the launch range hazard area. This is the fifth failed launch attempt for the mission, with previous attempts scrapped due to high winds and clouds as well as boats in the hazard zone.
The mission aims to study the ionosphere and aurora—by creating these colorful fake clouds, scientists will be able to visually track the motions of particles in space.
NASA will deploy 10 canisters—each about the size of a soft drink can—at altitudes of between 96 and 124 miles to create the clouds. These canisters will eject "vapor tracers" that form as a result of the interaction of barium, strontium and cupric-oxide.
The clouds pose no risk to people living along the mid-Atlantic coast.
Once the clouds form, scientists will be able work out particle motion over an area far larger than has ever been possible before.
Earth's upper atmosphere extends over 620 miles into space and scientists would extend understanding of this region by studying particle motions. "The movement of neutral and ionized gases are important to understand as they reveal how mass and energy are transported from one region to another. These movements also respond to changes in the sun's activity," the space agency said.
Map showing the projected visibility of the vapor tracers. NASA
The artificial clouds allow NASA to track these changes: "Vapor tracer payloads are used to measure atmospheric winds and/or ion drifts in the upper atmosphere and ionosphere. They carry small amounts of gas into space in a canister that are then released along a portion of the rocket trajectory.
"The small amount of gas is then visible from the ground. By tracking their motions directly with cameras on the ground (or in an airplane), these tracers make it possible to observe the movements of the upper atmosphere or the ionosphere directly."
How to Watch NASA Create Colorful Clouds Over New York and the East Coast | Tech & Science
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Organ Donation Northern Ireland
"In July 2010 a nurse told me that a heart had become available. It was very surreal, I wasn't afraid; in fact I was overjoyed as I knew this was the only way I was going to survive."
"A couple of weeks after Denise’s passing, I received a letter from the organ donation team informing me that five different lives had been saved from Denise’s organ donation."
"If you could see Ben and the difference his transplant has made to both his life and ours you would really see what a truly amazing gift this is."
Talk about your wishes
Register to be a donor
Show your support with friends and followers
Ballycarry
Alan's story
Ben's story
Lucia's story
Sean's story
When Erin Bonar from Ballycarry sadly passed away at the age of five in March last year, her mum Susan and dad Karl agreed to donate their beautiful, little girl’s organs. Erin helped save and transform the lives of three young children and an adult.
Talking about her family’s experience, Susan explains why she is encouraging others to speak up and discuss their wishes early with their loved ones.
“Erin was 5 years, 4 months and 17 days old when she died. She has a twin brother Rhys and an older brother Jack (9). Erin was full of life, a very healthy and happy child who was enjoying her first year of primary school and was in the same class as Rhys. She loved to draw, paint and make things out of junk, she was very imaginative. Everything she drew or wrote, even her homework was coloured in so carefully in rainbow colours and she was always making little cards and gifts for people. She was friendly, chatty and smart and had a wicked sense of humour, always playing little jokes and tricks to make us laugh.
“She was also more than a little adventurous, always climbing higher than everyone else and riding her bike as fast she could go.”
“She was not your typical little girl who liked dolls but instead had a serious obsession with Spiderman; we went on more than one shopping trip dressed like that. But she was also the kindest most determined little girl, she loved her brothers so much and looked after Rhys when I was not around, zipping up his coat and making sure he was ok.”
Erin fell ill very suddenly at home and despite being rushed to hospital and being cared for in paediatric intensive care the doctors were unable to save her. It was so sudden, in less than 24 hours she was gone, and her family was left in a state of shock and disbelief.
Susan says her family’s decision to donate, at a time of extreme grief, was made easier as Erin was a very generous and sweet young girl and already talked about her organ donation wishes, Susan is hoping others will do the same to help ensure loved ones aren’t left to make the final decision themselves during an intensely emotional time.
“Erin always wanted to help others as much as she could and one evening when the Public Health Agency’s TV advert ‘Speak up and save a life’ came on talking about organ donation she asked what it was about and we explained. She listened then said: ‘If something ever happens to me I would give my whole body to help other children’ – she was sure of what she wanted but we never thought any more about it until we were faced with a decision to make only months later.
“In the midst of our grief and dread of how to tell her brothers and the rest of the family, we were asked the question at the hospital if we would consider donating her organs. It was a very easy question to answer; there was no doubt because we had already had the conversation – at only five years old we knew it was Erin's wish and the answer was yes. The answer would still probably have been yes had we not had that conversation, but it took away any uncertainty that we were doing the right thing by her at the most harrowing time in our lives.”
Erin was able to donate her heart, lungs, kidneys, liver and pancreas to save the lives of four other people, three very young boys and a gentleman in his forties.
“It brings us enormous comfort that her little life was not in vain. We now know that her heart still beats in a small boy somewhere and that makes us smile a little as having two brothers herself Erin always wanted to be a boy anyway!”
“One of the Specialist Nurses of organ donation who was involved in her care was in contact with us to assure us that Erin was treated with dignity and care at every stage and I know the emotional toll it has taken on the people involved. Organ donation is the most wonderful and selfless gift and that is most definitely recognised by the medical staff involved – we were kept informed and treated with respect at every stage.
“Our hearts are utterly broken, we will not see our beautiful daughter grow up and we miss her every single minute of every day, but because of her kindness, other families will not suffer the same heartache, she is a real life superhero! Erin brought us so much joy and love and now she has given that to four different families as well, we could not be more proud of her.
“We never thought it would happen to us but it did, everyone in my family is a registered donor and I would not hesitate to do it again. It has given us a lot of peace and a huge amount of pride in our daughter which helps on the really bad days. Organ donors are amazing, so are their families – be amazing, please talk to your loved ones about organ donation and let them know what your wish is, so they don't have to make that decision under the most difficult of circumstances.”
© Copyright 2013. Designed and produced by the Public Health Agency
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PBLTC
Who and Why Mailing List Become A Member!
PBLTC About Who and Why Mailing List Become A Member! Events Upcoming Events Learn
"Understanding the Role of Fasting" with World Renowed Cardiologist Dr. Joel Kahn via Skype
First Congregational Church 6105 Center Road, Traverse City Michigan (map)
April 30th: PBLTC's 'monthly collaborative learning, tasting, & networking event'.
Register here & also receive food, recipes, and educational resources.
April 30th: Dr. Joel Kahn, MD, FACC presents via Skype, “Understanding the Role of Fasting, in Overall Health and Wellness within a Whole Foods, Plant-based Nutrition Lifestyle”.
Over 20 years of research, basic science models and now human volunteer studies have revealed that fasting, particularly if extended for 5 days or so, can activate pathways that heal, regenerate and rejuvenate the body. However, a 5 day water fast is not safe for all and is not easily practical. Therefore, other approaches have been developed. Fasting restricted diets (12-18 hours a day), every other day fasting, and the fasting mimicking diets (FMD) are popular. The FMD is backed by solid science, is plant based, and can support healthy metabolism.
Events 6:30-8pm, First Congregational Church, 6105 Center Road, TC, MI 49686. 6:30-7 social/food tasting, 7-8 pm presentation
Register to attend @ www.evenbrite.com or RSVP via kenndy@pbltc.org or PBLTC Facebook & bring $5 to attend
Dr. Joel Kahn is a cardiologist focused on teaching millions of people the method of identifying silent heart disease, preventing it, and reversing it before it strikes down more people. Dr. Kahn combines the best of Western and complimentary therapies for total healing. He is known as “America’s Healthy Heart Doc”, a title given to him by Reader’s Digest Magazine. Dr. Kahn graduated Summa cum Laude (#1) from the University of Michigan Medical School in Ann Arbor. He has been practicing invasive, interventional and preventive cardiology in Detroit since 1990. He is a Clinical Professor of Medicine (Cardiology) at Wayne State University School of Medicine and an Associate Professor of Medicine at Oakland University Beaumont School of Medicine. In 2013, Dr. Kahn received a certification from the University of South Florida in Metabolic Cardiology; and became the first physician to complete the program in the world. The American Academy of Anti-Aging Medicine has certified Dr. Kahn in Metabolic Cardiology, which he teaches to other medical professionals, focusing on how to prevent heart attack deaths and cardiac events.
Over the past 25 years, Dr. Kahn has improved the lives and vitality of thousands of his patients. Taking many of them from chronic health to vibrant living. His passion for education and prevention is recognized by his patients and peer doctors alike. Reader’s Digest magazine selected Dr. Kahn for their Heart Doc column and their publishing arm published his first book, The Whole Heart Solution, an Amazon #1 Top Selling book. His second book, Dead Execs Don’t Get Bonuses, was published in 2015 and is on the Bestseller List as well. His most recent book, The Plant Based Solution, again hit #1 spots on healthy book lists. Dr. Kahn’s medical views are published regularly on health sites, he is frequently interviewed on podcasts, and he is a frequent radio and TV including the Dr. Phil show and The Doctors Show. He also appears regularly on Fox TV 2 in Detroit as a health commentator. To learn more about Dr Kahn, your can also visit www.drjoelkahn.com.
Choosing Food over Medicine for Improved Health
“Cows Don’t Poop Steak Dad?”: The Question that Launched a Families Plant-Based Journey.
Please email Kennedy@pbltc.org for more information!
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The Flower of Life: Junction Between Mind and Matter
September 15, 2017 Jon Canas, President
[The Flower of Life] is the source of all language. It’s the primal language of the universe, pure shape and proportion. –Drunvalo Melchisedek, The Ancient Secret of the Flower of Life
The Flower of Life (also known as the Genesis Pattern, the Language of Silence and the Language of Light) is a geometrical shape composed of an overlapping circles grid. This grid is a geometric pattern of evenly spaced repeating, overlapping circles of equal radii in two-dimensional space.
The spheres in the Flower of Life are arranged in place to form a flower-like pattern with a sixfold symmetry, similar to a hexagon. The center of each circle is on the circumference of six surrounding circles of the same diameter.
For many, the geometric pattern of the Flower of Life represents the essential concept of quantum physics. It is believed by many metaphysical traditions to be the first completed energetic life form God created. It is widely considered to be the sacred geometry pictograph forming the foundational tenets of ancient religious and philosophical sages.
It is widely conjectured that this pattern depicts the fundamental forms of space and time and many scientifically-rooted philosophical groups conclude it to be the veritable foundation of the universe.
There are a number of present day physicists who have resolved quantum theory mathematics to the same geometry as the Flower of Life.
Other sacred geometry forms can be identified within the Flower of Life. The image of the Tree of Life is nested inside it and so is the vesica piscis (formed when the centers of two equal radius circles are placed on each other’s circumferences). Every line in the Tree of Life measures out to either the length or the width of a vesica piscis in the Flower of Life.
Leonardo DaVinci was very interested in the Flower of Life and studied its form and mathematical properties. He was intrigued by the ways in which the Flower of Life connected to physical reality as well as to consciousness. Da Vinci was known for using the Golden Ratio of Phi in his artwork, also known as the Fibonacci Spiral which is itself derived from the Flower of Life pattern.
At first glance, the Flower of Life appears to be rather simple, but students of sacred geometry find there is a much deeper meaning behind its design. The 'Fruit of Life’ symbol composed of 13 circles is also nested inside the Flower of Life and it is said to be the blueprint of the universe, containing the starting point for the design of every atom, molecular structure, and life form in existence.
Many postulate that understanding the Flower of Life can help us to understand how the universe works. Sacred geometry ascribes symbolic and sacred meanings to certain geometric shapes and proportions and the Flower of Life certainly provides a basis for such contemplation.
Perhaps it can be said that the Flower of Life is regarded as a source of knowledge to everything that exists where each of the circles contained within it explains another aspect of reality.
Many scientists drill down even more specifically believing that all linguistic languages can be mapped from the sacred geometry of the Flower of Life form. It is their perception that the Flower of Life visually shows that language is vibration.
Today, the Flower of Life is used as a focus both for study and meditation. It is a symbol connecting all individual souls into the web of life. A product of higher intelligence, consciousness and vibration, all objects and creatures in our tangible world are believed to have emerged from it.
PHYTO5 energetic skincare has adopted the symbol of the Flower of Life to visually depict the quantum nature of its new generation skincare launched Fall of 2017.
Melchizedek, Drunvalo. The Ancient Secret of the Flower of Life. Light Technology Pub, 2000.
In Conscious Lifestyle Tips Tags Sacred Geometry, Quantum, Flower of Life
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Will Lorexys Succeed Where Addyi ...
Sip Tips: 5 Ways to ...
Will Lorexys Succeed Where Addyi Flopped?
byAndrew MatthiusJanuary 25, 2016
When Addyi, the first prescription treatment to enhance sexual desire in women, was approved back in August it was dubbed “the female Viagra.” Valeant Pharmaceuticals quickly scooped up the drug’s manufacturer, Sprout Pharmaceuticals, for the tidy sum of about $1 billion, and the hype about how well Addyi would sell began to flow. But the results have not lived up to the hype.
In December, healthcare industry analyst Symphony Health Solutions reported that 1,841 prescriptions for Addyi were filled in its first 10 weeks on the U.S. market. Back in 1998, Viagra filled more than 500,000 prescriptions in its first month alone. Of course, the comparison between the two drugs is actually quite minimal.
Addyi is approved to treat premenopausal women with hypoactive sexual desire disorder, or HSDD, a libido-diminishing condition that affects up to 10% of U.S. women. Addyi is also a daily pill that has to be taken every night, compared to Viagra, an erectile dysfunction treatment, which can be taken as needed. Another barrier to getting an Addyi prescription is just finding a doctor who is able to prescribe it. Doctors must first take a 15-minute online training course from the FDA to be certified to counsel patients not to drink alcohol before they can write a prescription for Addyi. In late December, Valeant announced that about 7,000 prescriptions have been held back due to lack of FDA required certifications.
Still, that is a far cry from the lofty expectations some predicted for Addyi. PM360 recently spoke to Nick Sitchon, CEO of S1 Biopharma, a company currently developing its own treatment for HSDD called Lorexys. Sitchon offers his thoughts on Addyi’s slow start and why he believes Lorexys is better positioned for success.
PM360: Why do you think Addyi sales have been so slow out of the gate?
Nick Sitchon: There are a number of reasons for the slow start of Addyi (flibanserin), starting with the fact that some severe restrictions were put on the prescribers by the FDA as a condition of the drug’s approval. In addition to doctors requiring certification, pharmacists also do. Having both available to one patient adds exponential complication. Addyi sales will probably get better with time, since few of either had time to get certified yet.
Also, based on clinical data and the literature—both the New England Journal of Medicine and JAMA—it’s really not that much of a surprise. Studies have shown flibanserin had a maximum efficacy rate of between 10% and 15% over their control, and had questions about its benefit to risk ratio.
However there is a huge unmet medical need. It’s a $5 billion market due to its prevalence: 1 in 10 women in the Western world. It is a market that will be served by the first drug that has very good efficacy and tolerability and acts as a restorative treatment, rather than just as a mild aid.
What makes Lorexys different from Addyi and do you to believe it will have greater success in the market?
Lorexys is the brainchild of the inventor of flibanserin, Dr. Robert Pyke, who was also the head of the clinical program that developed flibanserin at Boehringer Ingelheim before the asset was divested to Sprout.
Dr. Pyke is now our Chief Medical Officer and Co-founder of S1 Biopharma, and the co-inventor of Lorexys—which is a very different drug from flibanserin. Ours is a dual control mechanism of action, so it’s comprised of two different drugs, bupropion and trazodone. Bupropion has a stimulating effect. Trazodone has a sedative effect. And we have created a proprietary fixed dose combination so that the unwanted stimulant effects of the bupropion and the unwanted sedative effects of trazodone are offset to a perceived cancellation of side effects to the patient.
Sort of like hot water/cold water—when you have the right amount of each, it’s very comfortable. But what we found in early pilot study data is the pro-sexual benefit is not cancelled or balanced out. It’s augmented in a synergy. So whereas trazodone has very little to no pro-sexual benefit, and bupropion has some very modest pro-sexual benefit, when combined together in this fixed dose combination, we see a 76% responder rate and a 58% remission rate.
What that means is the patients who enter the trial, within four weeks, 58% of them left the trial with no more HSDD. And these were the most severe patients by the entry criteria with some patients having HSDD for five to 10 years.
You mentioned some of the restrictions on Addyi. One thing you did not point out were some of the reported side effects such as low blood pressure, fainting and the fact that you can’t drink alcohol with it. Will Lorexys have any of the same restrictions or any side effects not seen with Addyi?
The one major thing that I would highlight is that we do not anticipate any big counter-indication or a restriction against alcohol. Of course, the FDA can determine whatever they wish, so it may ultimately have some restriction but we don’t know what the outcome will be at this time. But so far, our drug has very good tolerability.
Is it still a daily pill?
Yes, it’s a pill taken once daily, just before bed.
I think that is an important distinction when comparing the sales of Viagra and Addyi, because with Addyi you have to build up the effectiveness of the drug over time. It’s not something you can just take right before you want to have sex. I was wondering if you think that could also be an impediment for Lorexys?
That’s a really interesting question. HSDD is very different from erectile dysfunction—HSDD is essentially defined as a distressing lack of desire. It occurs in both men and women, and we are actually developing a male HSDD drug as well called Orexa.
But for women, the prototypical HSDD patient is somebody who had a very healthy libido and then it’s gone suddenly. There is this sense to patients with HSDD that they’ve lost something very personal to them. So it’s not so much about having sex on the spot or having intimate relations in the moment, as much as it is just feeling restored to what they formerly considered normal.
Those who have studied HSDD over the years have learned that women want their desire restored all the time. Those who are seeking relief from having HSDD aren’t seeking to have sex in the moment. It’s almost a psychiatric and personal feeling rather than a sexual disorder.
Adherence also becomes an issue when pills are taken daily. Do you have any adherence programs planned for the time of launch to help patients stick to treatment?
It’s a little early for us to be promoting our plan, but in conjunction with our scientific advisory board, and under the guidance of Dr. Robert Pyke, we plan on having a hand-in-hand treatment regimen and educational structure as we work closely with potential prescribers. Because the most successful HSDD treatment will be one that is coupled with talk therapy and close supervision with your prescriber.
I know you said it is a little early to talk launch plans, but when Sprout originally launched Addyi, they said that they would hold back on DTC advertising for 18 months. Do you plan to take a similar approach, or do you want to get the message out to patients?
The DTC restriction was put on flibanserin for various reasons, including its tolerability effects. It is our hope that because our tolerability so far in Phase II has been what we would consider excellent—we had zero dropouts at all due to sedative effects or any of the effects that are typically associated with the drug—so we hope and expect that we will not be subject to the same restrictions.
What about the restriction the FDA put on Addyi prescribers and the need for the online certification? Do you anticipate any restrictions in that regard?
If I were to guess, I would guess “no” based on my understanding of the restrictions being put in place due to the tolerability profile of flibanserin. But you never know. Certainly I don’t think our drug would warrant or deserve something that extreme because our tolerability is so far very good, and we hope to further demonstrate that in Phase IIb and Phase III.
Did you learn anything else from Addyi’s launch that may change how you would approach yours differently once you get there?
One of the big questions that has been looming over the past decade about HSDD is what are the criteria for FDA approval? And now that Addyi has successfully been approved by the FDA, we know the benchmark for future approvals. Typically in CNS, in order to be competitive for FDA approval, generally, it’s about a 20% efficacy over placebo. Addyi achieved FDA approval for almost half that, simply because the need for a treatment for HSDD is just that significant.
Valeant bought Sprout quickly after Addyi was approved. Would you be interested in either a merger or just a partnership with a Big Pharma company as you get closer to launch?
Most certainly, we have a small handful of ongoing, long-term relationships with Big Pharma. Our intention is to license the drug. We do have an on-the-shelf option to sell it ourselves, but we received a lot of interest already. We’ve had overtures to license Orexa already, the male drug. So yes, that is the most likely outcome, wherein we would license or partner with large pharma, with a field force that was able to maximize the potential of Lorexys. Drugs like Lorexys don’t grow on trees, and we really want to make sure that the partner is capable of maximizing its reach to the patients who need it.
Is there as big of an unmet need for the male HSDD drug?
That is something that may surprise your readers. The answer, no doubt about it, is yes. In the KOL community, the belief and understanding is that erectile dysfunction only has less than a 50% re-prescribe rate. And it’s believed that it’s because those who think they have ED may actually have a lack of desire. So you may have some desire, but not enough desire to get you over the threshold for being normal for HSDD. So we believe that the market for HSDD is equivalent of the market of erectile dysfunction—maybe even greater.
But do you think you would have marketing challenges with a male HSDD drug? Some patients don’t even like to admit they suffer from ED. Do you anticipate any issues with the ability to reach male HSDD sufferers?
There’s a great deal of interest in male HSDD. Before ’98, nobody wanted to admit that they had an issue achieving an erection. But, $5 billion per year later it was proven differently. And I don’t think this is any different from that.
So you’re planning on taking a minimal marketing approach then?
Yes, absolutely. We’re here to serve a need, and if patients need it, they’ll seek us out.
Andrew Matthius
Andrew Matthius is PM360's Senior Editor.
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Steven A. Fishman
Steven A. Fishman, a senior counsel in the Corporate Department, concentrates his practice in real estate securities, real estate private equity investments and finance matters. Steve has extensive experience in connection with acquisitions and dispositions of public and private limited partnerships and limited liability companies, the formation of real estate joint ventures and private equity funds, the sale of hotel companies, and debt and equity financings.
Steve also has broad experience representing public and private corporations in all aspects of their securities filings and commercial transactions.
Real Estate Capital Markets
New York University School of Law, J.D., 1976
Staff Member, New York University Law Review
State University of New York at Stony Brook, B.A., 1973
The Legal 500 United States: Real Estate: East Coast 2009
The Legal 500 United States: Finance: Capital Markets: Debt Offerings: Advice to Managers 2012
Sophisticated and complex real estate securities transactions include:
Accor’s sale of Red Roof Inc., which included the brand and over 200 hotels for $1.32 billion
The sale by Longwing (a fund with Dubai Investment Group as principal investor) and its joint venture partners of interests in six nursing home facilities to GE Healthcare for a purchase price of $1.4 billion
The formation of a joint venture to acquire a REIT that owned the Extended Stay hotel chain in an $8 billion transaction
The sale of Related Capital Company, the external advisor to CharterMac (a public company) to CharterMac for $300 million
The formation of private equity funds to invest in commercial real estate debt, subprime mortgage loans and urban retail real estate
Press Release Proskauer Advises on Formation of New $1.2 Billion REIT in a Singapore IPO
Client Alert The Emergence of Third Party Preferred Equity as a Financing Device
News AR Global Non-Traded REITs to Merge in $1.4B Deal
News Proskauer Aids New York REIT's Sale of Stake in $1.7 Billion Tower
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Brain's Ability to Clear Key Alzheimer's Protein Drops Sharply With Age
The time needed to eliminate plaque ingredient more than doubles
The greatest risk factor for Alzheimer's disease is advancing age. After 65 years, the risk doubles every five years, and 40% or more of people 85 and older are estimated to be living with the devastating condition.
Researchers at the Washington University School of Medicine in St. Louis, Missouri, have identified some key changes in the aging brain that lead to the increased risk. The changes center on amyloid beta 42, a main ingredient of Alzheimer's brain plaques. The protein, a natural byproduct of brain activity, normally is cleared from the brain before it can clump together into plaques. Scientists long have suspected it is a primary driver of the disease.
"We found that people in their 30s typically take about four hours to clear half the amyloid beta 42 from the brain," says senior author Randall J. Bateman, MD, the Charles F. and Joanne Knight Distinguished Professor of Neurology. "In this new study, we show that at over 80 years old, it takes more than 10 hours." The slowdown in clearance results in rising levels of amyloid beta 42 in the brain. Higher levels of the protein increase the chances that it will clump together to form Alzheimer's plaques.
The results appear online in the Annals of Neurology.
For the study, the researchers tested 100 volunteers ages 60 to 87. Half had clinical signs of Alzheimer's disease, such as memory problems. Plaques had begun to form in the brains of 62 participants.
The subjects were given detailed mental and physical evaluations, including brain scans to check for the presence of plaques. The researchers also studied participants' cerebrospinal fluids using a technology developed by Bateman and co-author David Holtzman, MD, the Andrew B. and Gretchen P. Jones Professor and head of the Department of Neurology at Washington University. The technology — known as stable isotope-linked kinetics (SILK) — allowed the researchers to monitor the body's production and clearance of amyloid beta 42 and other proteins.
In patients with evidence of plaques, the researchers observed that amyloid beta 42 appears to be more likely to drop out of the fluid that bathes the brain and clump together into plaques. Reduced clearance rates of amyloid beta 42, such as those seen in older participants, were associated with clinical symptoms of Alzheimer's disease, such as memory loss, dementia, and personality changes.
Scientists believe the brain disposes of amyloid beta in four ways: by moving it into the spine, pushing it across the blood–brain barrier, breaking it down or absorbing it with other proteins, or depositing it into plaques.
"Through additional studies like this, we're hoping to identify which of the first three channels for amyloid beta disposal are slowing down as the brain ages," Bateman says. "That may help us in our efforts to develop new treatments."
Source: Washington University School of Medicine; August 6, 2015.
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Jamie Dornan and Cillian Murphy to star in WWII thriller Anthropoid
The actors will play Czech soldiers charged with the task of killing SS general Reinhard Heydrich
By Ellie Walker-Arnott
Tuesday, 3rd March 2015 at 11:48 am
Jamie Dornan has been cast in World War Two thriller Anthropoid opposite Peaky Blinders’ Cillian Murphy.
The pair have will play two soldiers from Czechoslovakia’s army, who are trained by British forces and parachuted into their homeland with an assignment – code-named Anthropoid – to kill SS general Reinhard Heydrich.
Heydrich, who was sometimes known as the Butcher of Prague, was responsible for leading Nazi forces into Czechoslovakian territory.
Director Sean Ellis has penned the screenplay alongside Anthony Frewin.
Jamie Dornan has most recently been seen on the big screen as the lead in the box office hit Fifty Shades of Grey, and on television as serial killer Paul Spector in BBC2’s critically acclaimed series The Fall.
Production on Anthropoid is set to begin in Prague this July.
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Is Fifty Shades of Grey too much for Valentine’s Day?
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