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At 2:46pm, 11 March 2011, a massive earthquake and tsunami hit north east Japan, triggering three meltdowns at the Fukushima Daiichi nuclear power plant. Since then, an unthinkable amount of radioactive contamination has been discharged to our sea, our air, our land, and onto ourselves. It has changed the lives of millions of people, destroyed local farmlands and fisheries that were carefully protected for generations.
The most contaminated areas of Fukushima nuclear disaster remain inhabitable, and will for decades. This leaves the 160,000 ordered to evacuate stuck in limbo, unable to go home, and unable to build new lives elsewhere because they lack proper compensation and support.
Meanwhile, companies deeply involved in the design, construction and running of the reactors involved in the triple meltdown are not being held accountable. Shockingly in some cases, they are making more profits out of the disaster recovery. These companies, namely GE, Hitachi, and Toshiba who designed and built reactors at Fukushima Daiichi, have special rights under the Nuclear Damage Liability Law that protect them from product liability should there be a nuclear disaster. Essentially this means they can profit without worrying about the risks of a meltdown, since the public pays the damage should an accident happen.
The estimated cost of the nuclear disaster is $250 billion US, an impossible figure for any single company - even TEPCO, one of the largest power companies in the world. It is why compensation and life support for the people affected is not what it should be, and why 3.2 trillion yen ($43.7 bn) of Japanese taxpayers money has been injected into the company.
We have been talking with GE, Hitachi and Toshiba, however, when it comes to a question of their responsibility, they simply point to their existing Corporate Social Responsibility webpage or report, where they present their charitable activities in response to the earthquake and tsunami. They have avoided explaining their responsibility in the Fukushima nuclear disaster as a supplier of critical equipment.
Unlike their other products, mentions of their nuclear products are few on the companies' websites. So Greenpeace Japan asked them to publish their official views about:
When it comes to nuclear power and the vast damage it can cause, some charitable work does not make up for the risk created in the first place.
If being accountable for your products can mean total bankruptcy for your company, there is a problem with your product. Yet nuclear suppliers are not accountable for the risk their products create, or for the moral issues that arise. Instead, if there is a problem, companies hide behind laws that give them unfair protection.
As former Babcock-Hitachi engineer Mitsuhiko Tanaka said in a Greenpeace video about a flawed reactor vessel Hitachi made for Fukushima: "when the stakes are raised to such a height, a company will not choose what is safe and legal. Even if it is dangerous they will choose to save the company from destruction."
Corporate social responsibility does not ensure timely and just compensation for the people who are suffering, and it does not protect taxpayers from footing the bill for the negligence of the nuclear industry. Laws must change.
If these companies whose products created such severe damage can walk away while the people are forced to pay the cost, the Fukushima disaster will be repeated.
Please help us hold nuclear suppliers responsible: the polluter must pay. Sign our petition today.
Hisayo Takada is an energy campaigner with Greenpeace Japan
Image: Greenpeace nuclear campaigners Hisayo Takada, right, and Aslihan Tumer, hold banners reading 'They Profit, You Pay' at an anti-nuclear rally outside the Japanese Parliament, Tokyo on February 22nd 2013.
(Unregistered) Nedrguy
Mr. Hisayo Takada must either be a liar or ignorant of international and Japanese laws. The "Nuclear Damage Liability Law" is legislation p...
Mr. Hisayo Takada must either be a liar or ignorant of international and Japanese laws. The "Nuclear Damage Liability Law" is legislation pertaining to India - only. Japanese nuclear utilities are required by law to secure JPY 120 billion in accident liability coverage per their regulations. Also, none of the companies that might have liability for Fukushima have "walked away" - they are all still involved in the cleanup effort, and they are all pursuing new safeguards to ensure the event won't be repeated. There were no immediate deaths due to direct radiation exposures from Fukushima, but at least six workers have exceeded lifetime legal limits for radiation.
6 March, 2013 at 15:22
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Greg McNevin
Hi Nedrguy,
Japanese utilities are required to secure liability coverage as you say, but this is FAR below the potential cost of nuclear ...
Hi Nedrguy,
Japanese utilities are required to secure liability coverage as you say, but this is FAR below the potential cost of nuclear disasters. Fukushima disaster cost projections have ballooned to trillions of Yen already (est. US$250 billion). Most of this cost is falling on taxpayers as no company alone can bear the costs of such a disaster, which is why ALL companies that are involved in such a dangerous operation should be accountable for their disasters.
GE, Hitachi, Toshiba etc. were closely involved in the design, construction and maintenance of the plants, and there were many well-known faults with their designs & technology that were ignored or never fixed. That they are now able to hide behind faulty laws and protect the profits they have made while the public and people of Fukushima pay the heavy price of this disaster is totally unjust and must be rectified.
More information: www.greenpeace.org/international/fukushima-fallout
Lastly, saying there were no immediate deaths is no way to judge the impact of this disaster, if that is what you are trying to do. As mentioned above, 160,000 people have been evacuated due to radiatioactive contamination, and the areas they have left will likely remain "no go" zones for decades.
At the same time, just as it is impossible to fully gauge the economic and social costs of a nuclear accident, it is also extremely difficult to calculate the true health impacts. The radiation levels to which hundreds of thousands of people outside of the evacuation zone continue to be exposed are highly elevated, exceeding by many times the natural background level. The internationally accepted maximum dose from artificial radiation, set for members of the public, is one milliSievert per year. Yet, Japanese authorities permit citizens to receive 20 millisieverts per year, and that includes children and pregnant women who are much more vulnerable to radiation. Science says that both fatal and non-fatal health impacts can be expected in future.
For more impacts, please watch: http://youtu.be/MxZlcmlVrHY
8 March, 2013 at 1:20
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Aymon Arciaga
General Electric, Toshiba & Hitachi hide from their responsibilities in Fukushima Greenpeace International (blog) These companies, namely GE, Hita...
General Electric, Toshiba & Hitachi hide from their responsibilities in Fukushima Greenpeace International (blog) These companies, namely GE, Hitachi, and Toshiba who designed and built reactors at Fukushima Daiichi, have special rights under the Nuclear Damage Liability Law that protect them from product liability should there be a nuclear disaster. Essentially ..
14 March, 2013 at 7:41
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14 March, 2013 at 7:43
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(Unregistered) Kindred Spirit
First and foremost, we must make sure this doesn't happen again and write to our Congressional Representatives immediately to have all nuclear power p...
First and foremost, we must make sure this doesn't happen again and write to our Congressional Representatives immediately to have all nuclear power plants shut down. I have it on reliable authority that they are aging with many on fault lines and others leaking radiation into the water and/or air.
We need energy and this is how it can be accomplished. The side effect will be almost complete employment and survival. The alternative will likely be an eventual earth-wide extinction event.
We need to pass a four part, viable safe energy initiative: 1. Give a federal tax credit over 5 to 10 years for 75% of the cost of solar energy installations on homes and businesses and flex fuel conversions for all gas powered vehicles. In the name of national security diversifying power input into a web of sources allowing all back metering with power companies paying up to 20% less for power than they charge. Five percent of that 20% would be required to go back into hardening and maintaining the grid with the other 15% being gross profit. 3. Provide incentives in the form of grants and no interest loans, for localities and jails, where appropriate, to convert sewage plants into bio-remediation ethanol production facilities where cattails are grown to clean the sewage and their rhizomes harvested to produce ethanol. Do not tax ethanol but instead increase petroleum fuel costs to offset ethanol usage 4. Pass a law requiring all new cars to be flex fuel enabled. Provide free online training teaching attendees how to manufacturer and maintain flex fuel conversion kits.
This would decrease our unemployment rate to below 2%. We would have to train and employ our jailed inmates to accommodate our employment needs here. They would then have jobs when they left prison decreasing recidivism, and further lowering our tax burden.
Banks that have not paid back bail out money should be required to make the necessary, low interest loans to affect the infrastructure for the above. This is the price the banks must pay for the help they received from U.S. taxpayers.
We the People must initiate a U.S. Constitutional Accountability Amendment directed at government and corporations within and outside the U.S. It needs to be developed from grass roots, petition driven, direct or indirect initiatives that garner 2/3 of the 50 state's legislative support to circumvent the federal, "do nothing" House and Senate and corporate leveraged congressional vote buyouts. These grass roots petitions need to put forth a proposition or referendum that directs the state legislatures, one by one, to support the following proposed US Constitutional Amendment. The amendment can be inacted by a Constitutional Convention again with 2/3 of the 50 states voting for it. What I have written needs to be revised by a lawyer in legalese. Some very important concepts for controlling greed and corruption; supporting people's rights; and punishing wrong doers civilly are incorporated in it. The suggestions support Revolution by a Constitutional Convention. They are way out of the box, doable, and will work if given a chance.
Proposed: U.S. Constitution Accountability Amendment
GENERAL: No law may be enacted that protects or exonerates an individual, organization, government entity, or decision making management employee or contractor from liability for negligent actions, services, or products that cause physical or mental harm directly, indirectly, or consequentially to US citizens. This amendment applies in the manner above to both US citizens and people world- wide in the case of nuclear materials and genetically modified organisms. Negligence refers to producing a product or providing a service that causes harm that should have been foreseen and/or prevented prior to its sale or dissemination or that reasonable care was not taken that resulted in harm. Contracts may be made between seller and buyer that transfers liability but one or the other must maintain the liability. This does not apply to certified organic foods and products as currently controlled, alcohol, firearms, or damage incurred as a result of a declared war. This amendment supersedes declared states of emergency. This right may be waived by individuals with informed consent. A Liability Waiver or Informed Consent pertaining to this amendment must not be required in order to obtain or maintain employment or contractual work. This Amendment applies to members of the military when engaged in all activities excluding combat with the enemy. Products and services produced outside the U.S. and sold within the U.S. are also bound by this Amendment. Litigation regarding this condition will be held in the U.S. and be governed by U.S. law. Entities outside the U.S. who fail to pay for lawsuits awarded to people or groups in the U.S. will be prohibited from doing business in the U.S. If a significant number, 50 entities, fail to pay within a given country within a one year period, that country will not be allowed to sell any products or services directly or indirectly (though another country) to the U.S. for a period not less than five years.
EDUCATION: Because this legislation will initially result in increased litigation, a new law degree will be required to deal with it. This specialized degree will be a 4 year online, college level program enabling those passing it to sit for the Accountability Amendment Specialized Lawyer license exam. Current licensed lawyers may also sit for the exam. Lawyers must retake the test every 5 years to maintain their license. The U.S. government will create and manage a free, online degree program and exam for this specialization.
NATIONAL SECURITY and EXECUTIVE BRANCH INTEREST PROTECTION LIMITED: Court processes involving national security interests will be limited to current declared war involvement and identified human terrorist (s) to include individuals, groups, and nation states. The rights and well being of U.S. citizens supersedes all other national security interests. Litigation will result in sums of money, other items of value, or service(s) of the defendant(s) being awarded to those damaged. For organizations of 100 employees or less, Whistle Blowers will be able to maintain their jobs and for companies of over 100 employees, the value of their continued work at said company until retirement will be assessed and awarded to them. Efforts to cover up wrong doing will be punished civilly with participants contributing to the pay-out(s) for damages to the plaintiff(s.) Presidential executive privilege protection will not extend to litigation covered by this amendment. However, proceedings will be postponed until after the President and/or member(s) of the Executive Branch involved are out of office with the statute of limitation beginning at that time.
Each state's lowest level, local, juried court will determine if a claim is deserving of a hearing or deemed frivolous. Members of the jury 's identity will be maintained as top secret information. Jury members participation will be protected in the same capacity as that of Whistle Blowers. If deemed frivolous, the plaintiff's will pay for the court costs. If not, said costs will be incurred by the defendant(s) and move to the appropriate court. Multiple state involvement with the frivolity decision will be held in the local court of the initial plaintiff.
LEGISLATIVE BRANCH: Tasks discussed in the U.S. Constitution are hereby considered job duties. Failure to perform job duties in a timely manner, to include producing an approved budget, will result in immediate ceasing of salary to the entire responsible entity (House of Representatives, Senate, President). After a one month grace period of failing to produce an approved budget, Congressional members will be required to repay their entire year's salary to date. Monies will not be returned but will go to the U.S. treasury and be applied to offset the U.S. debt. Additionally, congressional positions will be limited to three terms in office with salaries of not more than two and half times that of the average salary of their non government employee constituents. Congressional members are public servants. As such there will be no retirement benefits for Congressmen after January 1, 2020. Congressmen shall be provided health care by the Veteran's Administration at a level equal to that of the lowest military member and after all covered military members have been served. Congressional families will be subject to Health Affordability Act, or similar legislation, mandates. Health Insurance Plans set forth by Congress for national implementation shall also be borne by Congressional families. Congressional laws that harm people may be litigated in accordance with this Amendment after a five year grace period. Congress will have five years from the date this law is adopted to eliminate laws that harm people or face liability for damages resulting from said laws. Here to fore, congressional members' votes for all laws will be recorded so that congressional members may be held legally accountable and liable for their decisions. Failure to vote may carry liability.
STATUTE OF LIMITATIONS: There will be no statute of limitations and damages may be sought for the following. Harm arising out of nuclear disasters, failure to disclose information that affects an entire U.S. region or the country, or genetically modified organism products or services. Information that affects an entire region or the country will include extraterrestrial events to include but not be limited to asteroids, comets, or other objects that may be on a collision course or otherwise affect the country; terrestrial concerns such as potential volcano eruptions and weather events; and the health/safety status of our oceans and below ground environment. Disclosures related to the aforementioned must be made within 6 months of the adoption of this amendment. Whistle Blowers are protected for these concerns and the choice not to disclose being punishable as described above. The statue of limitations for all other damages not described in this paragraph will be ten years.
14 January, 2014 at 0:16
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Campus Happenings
NDUS Blog
NDUS Home
ConnectND Completes Successful Student System Upgrade
Posted on 6/24/2008
For Immediate Release:
For More Information Contact:
Randall Thursby, Chief Information Officer
North Dakota University System
Phone: 701.231.6326
ConnectND Completes Successful Student System Upgrade
BISMARCK, N.D. - An upgrade to the North Dakota University System's ConnectND student administration system was completed on time and within budget, according to a June 19, 2008, report presented to the State Board of Higher Education by NDUS CIO Randall Thursby. This follows a successful upgrade of the ConnectND finance system in May.
"Completion of a project of this magnitude with faculty, staff and students encountering only minor problems is a major success," Thursby said. "University System ConnectND staff members worked tirelessly to make this happen. Their dedication is absolutely remarkable, and it has been integral to our success."
"We owe a tremendous debt of gratitude to Randall Thursby; Bonnie Neas, former interim NDUS ConnectND executive director; current executive director Mick Pytlik; and the entire immensely talented ConnectND team," said John Q. Paulsen, SBHE president. "We also are deeply appreciative for the support of campus users who stuck with us through some difficult times in the early stages of this project. The board and University System never lost sight of the goal of improving IT functions for our students and our campuses."
"The governor and Legislature played an important role in this success as well," said Bill Goetz, NDUS chancellor. "They supported additional funding needed to address some outstanding challenges and to properly address the needed upgrades. We realize that maintaining and upgrading ConnectND will be a continuous process, but this is a significant milestone that is definitely worth noting."
Known as Campus Connection, the student administration system is used by all 11 NDUS institutions for several key business functions, including admissions and recruitment, student records and financial aid. It interfaces with several third-party management systems that perform housing, parking, facilities, room scheduling and online credit card payment functions.
Planning for the upgrade to Oracle/PeopleSoft Campus Solutions 9.0 began in May 2007. An expectation that the project would be completed by Fall Semester 2008 was established at a June 25, 2007, kickoff meeting. The target date of June 18, 2008, was selected, knowing that the ambitious one-year time frame would be contingent upon completion of several related projects and complicated testing cycles. Despite challenges, the project was completed on time and within budget.
At the recommendation of Vice President Richie Smith, on June 19 the SBHE made a motion to commend the NDUS ConnectND staff for the successful student system upgrade and a year of significant accomplishment.
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subset: commoncrawl


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MURFREESBORO, Tenn. – Lipscomb's Stuart Tierney won three matches at the Dale Short Shootout at Middle Tennessee and was named the singles champion.
"Tierney displayed a high level of focus and commitment that led him to create a successful weekend for himself and the team," said Lipscomb coach Mario Hernandez.
The Bisons finish strong on the final day of the Dale Short Shootout against Middle Tennessee. The tournament started on Friday and closed on Sunday.
In singles play against Middle Tennessee the Bisons recorded three singles victories in five matches. They did not win a doubles match.
Last season Middle Tennessee was ranked 48th nationally.
Lipscomb's David Salazar won against Victor Cornea in a fairly one-sided match in straight sets.
"Salazar came up with some great aggressive strokes and high energy levels on the court," said Hernandez.
Lipscomb freshmen Rob Mitchell won his second match during the weekend against MTSU's Yannick Born by a score of 6-1, 6-3.
Overall, it was a successful weekend for the Bisons. Coach Hernandez is really impressed by the team's performance.
"The team performed beyond my expectations today," coach Hernandez said. "They all were extremely competitive and full of energy.
"I am really excited to see this team grow throughout this semester. Everyone on the team has great potential and we are slowly exploring it. I feel proud after of the team, especially after today's performance against MTSU. "
The team will be working on a lot of doubles play this week before leaving for the UTC tournament next weekend.
RESULTS Lipscomb v. MTSU
SALAZAR, David (Lipscomb) def. CORNEA, Victor (Middle Tennessee) 6-2, 6-3
ZITO, Ettore (Middle Tennessee) def. HERNANDEZ, Daniel (Lipscomb) 6-0, 6-3
TIERNEY, Stuart (Lipscomb) def. LANG, Christoph (Middle Tennessee) 6-1, 7-6 (7-0)
MITCHELL, Rob (Lipscomb) def. BORN, Yannick (Middle Tennessee) 6-1, 6-3
JUMONVILLE, Aaron (Middle Tennessee) def. TOUGHER, John (Lipscomb) 6-1, 6-2
BORN, Yannick/CORNEA, Victor (Middle Tennessee) def. CORTEZ, Miguel/TIERNEY, Stuart (Lipscomb) 8-3
JUMONVILLE, Aaron/ZITO, Ettore (Middle Tennessee) def. SALAZAR, David/HERNANDEZ, Daniel (Lipscomb) 8-6


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posted by Rahul on Mon 23rd Nov 2009 23:48 UTC
Phoronix has a done a set of benchmarks with the Fedora 12 Intel driver and concluded that it performs better than previous releases of Fedora. "Compared to Fedora 11 especially, Fedora 12 offers much-improved Intel Linux graphics. Besides just the frame-rates being better, when using Fedora 12 we have encountered less problems with kernel mode-setting and quirks with different hardware configurations. In fact, the Intel experience is quite pleasant atop Fedora 12. This is good news for those running Fedora 12 now and should be even better news for those that will receive these updated packages in their distributions next year."


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FDIC Law, Regulations, Related Acts
[Table of Contents] [Previous Page] [Next Page] [Search]
2000 - Rules and Regulations
Appendix B to Part 325Statement of Policy on Capital Adequacy
Part 325 of the Federal Deposit Insurance Corporation rules and regulations (12 CFR Part 325) sets forth minimum leverage capital requirements for fundamentally sound, well-managed banks having no material or significant financial weaknesses. It also defines capital and sets forth sanctions which will be used against banks which are in violation of the Part 325 regulation. This statement of policy on capital adequacy provides some interpretational and definitional guidance as to how this Part 325 regulation will be administered and enforced by the FDIC. This statement of policy also addresses certain aspects of the FDIC's minimum risk-based capital guidelines that are set forth in appendix A to Part 325. This statement of policy does not address the prompt corrective action provisions mandated by the Federal Deposit Insurance Corporation Improvement Act of 1991. However, section 38 of the Federal Deposit Insurance Act and subpart B of Part 325 provide guidance on the prompt corrective action provisions, which generally apply to institutions with inadequate levels of capital.
I. Enforcement of Minimum Capital Requirements
Section 325.3(b)(1) specifies that FDIC-supervised, state-chartered nonmember commercial and savings banks (or other insured depository institutions making applications to the FDIC that require the FDIC to consider the adequacy of the institutions' capital structure) must maintain a minimum leverage ratio of Tier 1 (or core) capital to total assets of at least 3 percent; however, this minimum only applies to the most highly-rated banks (i.e., those with a composite CAMELS rating of 1 under the Uniform Financial Institutions Rating System established by the Federal Financial Institutions Examination Council) that are not anticipating or experiencing any significant growth. All other state nonmember banks would need to meet a minimum leverage ratio that is at least 100 to 200 basis points above this minimum. That is, in accordance with § 325.3(b)(2), an absolute minimum leverage ratio of not less than 4 percent must be maintained by those banks that are not highly-rated or that are anticipating or experiencing significant growth.
In addition to the minimum leverage capital standards, section III of appendix A to Part 325 indicates that state nonmember banks generally are expected to maintain a minimum risk-based capital ratio of qualifying total capital to risk-weighted assets of 8 percent, with at least one-half of that total capital amount consisting of Tier 1 capital.
State nonmember banks (hereinafter referred to as "banks") operating with leverage capital ratios below the minimums set forth in Part 325 will be deemed to have inadequate capital and will be in violation of the Part 325 regulation. Furthermore, banks operating with risk-based capital ratios below the minimums set forth in appendix A to Part 325 generally will be deemed to have inadequate capital. Banks failing to meet the minimum leverage and/or risk-based capital ratios normally can expect to have any application submitted to the FDIC denied (if such application requires the FDIC to evaluate the adequacy of the institution's capital structure) and also can expect to be subject to the use of capital directives or other formal enforcement action by the FDIC to increase capital.
Capital adequacy in banks which have capital ratios at or above the minimums will be assessed and enforced based on the following factors (these same criteria will apply to any insured depository institutions making applications to the FDIC and to any other circumstances in which the FDIC is requested or required to evaluate the adequacy of a depository institution's capital structure):
A. Banks Which Are Fundamentally Sound and Well-Managed
The minimum leverage capital ratios set forth in § 325.3(b)(2) and the minimum risk-based capital ratios set forth in section III of appendix A to Part 325 generally will be viewed as the minimum acceptable capital standards for banks whose overall financial condition is fundamentally sound, which are well-managed and which have no material or significant financial weaknesses. While the FDIC will make this determination in each bank based upon its own condition and specific circumstances, this definition will generally apply to those banks evidencing a level of risk which is no greater than that normally associated with a Composite rating of 1 or 2 under the Uniform Financial Institutions Rating System. Banks meeting this definition which are in compliance with the minimum leverage and risk-based capital ratio standards will not generally be required by the FDIC to raise new capital from external sources.
The FDIC does, however, encourage such banks to maintain capital well above the minimums, particularly those institutions that are anticipating or experiencing significant growth, and will carefully evaluate their earnings and growth trends, dividend policies, capital planning procedures and other factors important to the continuous maintenance of adequate capital. Adverse trends or deficiencies in these areas will be subject to criticism at regular examinations and may be an important factor in the FDIC's action on applications submitted by such banks. In addition, the FDIC's consideration of capital adequacy in banks making applications to the FDIC will also fully examine the expected impact of those applications on the bank's ability to maintain its capital adequacy. In all cases, banks should maintain capital commensurate with the level and nature of risks, including the volume and severity of adversely classified assets, to which they are exposed.
B. All Other Banks
Banks not meeting the definition set forth in I.A. of this appendix, that is, banks evidencing a level of risk which is at least as great as that normally associated with a Composite rating of 3, 4, or 5 under the Uniform Financial Institutions Rating System, will be required to maintain capital higher than the minimum regulatory requirement and at a level deemed appropriate in relation to the degree of risk within the institution. These higher capital levels will normally be addressed through memorandums of understanding between the FDIC and the bank or, in cases of more pronounced risk, through the use of formal enforcement actions under section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818).
C. Capital Requirements of Primary Regulator
Notwithstanding I.A. and B. of this appendix, all banks (or other depository institutions making applications to the FDIC that require the FDIC to consider the adequacy of the institutions' capital structure) will be expected to meet any capital requirements established by their primary state or federal regulator which exceed the minimum capital requirement set forth in the FDIC's Part 325 regulation. In addition, the FDIC will, when establishing capital requirements higher than the minimum set forth in the regulation, consult with an institution's primary state or federal regulator.
II. Capital Plans
Section 325.4(b) specifies that any bank which has less than its minimum leverage capital requirement is deemed to be engaging in an unsafe or unsound banking practice unless it has submitted, and is in compliance with, a plan approved by the FDIC to increase its Tier 1 leverage capital ratio to such level as the FDIC deems appropriate.
As required under § 325.104(a)(1) of this part, a bank must file a written capital restoration plan with the appropriate FDIC regional director within 45 days of the date that the bank receives notice or is deemed to have notice that the bank is undercapitalized, significantly undercapitalized or critically undercapitalized, unless the FDIC notifies the bank in writing that the plan is to be filed within a different period. The amount of time allowed to achieve the minimum leverage capital requirement will be evaluated by the FDIC on a case-by-case basis and will depend on a number of factors, including the viability of the bank and whether it is fundamentally sound and well-managed.
Banks evidencing more than normal levels of risk will normally have their minimum capital requirements established in a formal or informal enforcement proceeding. The time frames for meeting these requirements will be set forth in such actions and will generally require some immediate action on the bank's part to meet its minimum capital requirement. The reasonableness of capital plans submitted by depository institutions in connection with applications as provided for in § 325.3(d)(2) will be determined in conjunction with the FDIC's consideration of the application.
III. Written Agreements
Section 325.4(c) provides that any insured depository institution with a Tier 1 capital to total assets (leverage) ratio of less than 2 percent must enter into and be in compliance with a written agreement with the FDIC (or with its primary federal regulator with FDIC as a party to the agreement) to increase its Tier 1 leverage capital ratio to such level as the FDIC deems appropriate or may be subject to a section 8(a) termination of insurance action by the FDIC. Except in the very rarest of circumstances, the FDIC will require that such agreements contemplate immediate efforts by the depository institution to acquire the required capital.
The guidance in this section III is not intended to preclude the FDIC from taking section 8(a) or other enforcement action against any institution, regardless of its capital level, if the specific circumstances deem such action to be appropriate.
IV. Capital Components
Section 325.2 sets forth the definition of Tier 1 capital for the leverage standard as well as the definitions for the various instruments and accounts which are included therein. Although nonvoting common stock, noncumulative perpetual preferred stock, and minority interests in consolidated subsidiaries are normally included in Tier 1 capital, voting common stockholders' equity generally will be expected to be the dominant form of Tier 1 capital. Thus, banks should avoid undue reliance on nonvoting equity, preferred stock and minority interests. The following provides some additional guidance with respect to some of the items that affect the calculation of Tier 1 capital.
A. Intangible Assets
The FDIC permits state nonmember banks to record intangible assets on their books and to report the value of such assets in the Consolidated Reports of Condition and Income ("Call Report"). As noted in the instructions for preparation of the Consolidated Reports of Condition and Income (published by the Federal Financial Institutions Examination Council), intangible assets may arise from business combinations accounted for under the purchase method and acquisitions of portions or segments of another institution's business, such as branch offices, mortgage servicing portfolios, and credit card portfolios.
Notwithstanding the authority to report all intangible assets in the Consolidated Reports of Condition and Income, § 325.2(v) of the regulation specifies that mortgage servicing assets, nonmortgage servicing assets and purchased credit card relationships are the only
intangible assets which will be allowed as Tier 1 capital.1 The portion of equity capital represented by other types of intangible assets will be deducted from equity capital and assets in the computation of a bank's Tier 1 capital. Certain of these intangible assets may, however, be recognized for regulatory capital purposes if explicitly approved by the Director of the Division of Supervision and Consumer Protection (DSC) as part of the bank's regulatory capital on a specific case basis. These intangibles will be included in regulatory capital under the terms and conditions that are specifically approved by the FDIC.2
In certain instances banks may have investments in unconsolidated subsidiaries or joint ventures that have large volumes of intangible assets. In such instances the bank's consolidated statements will reflect an investment in a tangible asset even though such investment will, in fact, be represented by a large volume of intangible assets. In any such situation where this is material, the bank's investment in the unconsolidated subsidiary will be divided into a tangible and an intangible portion based on the percentage of intangible assets to total assets in the subsidiary. The intangible portion of the investment will be treated as if it were an intangible asset on the bank's books in the calculation of Tier 1 capital. However, intangible assets in the form of mortgage servicing assets, nonmortgage servicing assets and purchased credit card relationships, including servicing intangibles held by mortgage banking subsidiaries, are subject to the specific criteria set forth in § 325.5(f).
B. Perpetual Preferred Stock
Perpetual preferred stock is defined as preferred stock that does not have a maturity date, that cannot be redeemed at the option of the holder, and that has no other provisions that will require future redemption of the issue. Also, pursuant to section 18(i)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1828(i)(1)), a state nonmember bank cannot, without the prior consent of the FDIC, reduce the amount or retire any part of its preferred stock. (This prior consent is also required for the reduction or retirement of any part of a state nonmember bank's common stock or capital notes and debentures.)
Noncumulative perpetual preferred stock is generally included in Tier 1 capital. Nonetheless, it is possible for banks to issue preferred stock with a dividend rate which escalates to such a high rate that the terms become so onerous as to effectively force the bank to call the issue (for example, an issue with a low initial rate that is scheduled to escalate to much higher rates in subsequent periods). Preferred stock issues with such onerous terms have much the same characteristics as limited life preferred stock in that the bank would be effectively forced to redeem the issue to avoid performance of the onerous terms. Such instruments may be disallowed as Tier 1 capital and, for risk-based capital purposes, would be included in Tier 2 capital only to the extent that the instruments fall within the limitations applicable to intermediate-term preferred stock. Banks which are contemplating issues bearing terms which may be so characterized are encouraged to submit them to the appropriate FDIC regional office for review prior to issuance. Nothing herein shall prohibit banks from issuing floating rate preferred stock issues where the rate is constant in relation to some outside market or index rate. However, noncumulative floating rate instruments where the rate paid is based in some part on the current credit standing of the bank, and all cumulative preferred stock instruments, are excluded from Tier 1 capital. These instruments are included in Tier 2 capital for risk-based capital purposes in accordance with the limitations set forth in appendix A to Part 325.
The FDIC will also require that issues of perpetual preferred stock be consistent with safe and sound banking practices. Issues which would unduly enrich insiders or which contain dividend rates or other terms which are inconsistent with safe and sound banking practices will likely be the subject of appropriate supervisory response from the FDIC. Banks contemplating preferred stock issues which may pose safety and soundness concerns are encouraged to submit such issues to the appropriate FDIC regional office for review prior to sale. Pursuant to § 325.5(e), capital instruments that contain or that are subject to any conditions, covenants, terms, restrictions or provisions that are inconsistent with safe and sound banking practices will not qualify as capital under Part 325.
C. Other Instruments or Transactions Which Fail to Provide Capital Support
Section 325.5(b) specifies that any capital component or balance sheet entry or account which has characteristics or terms that diminish its contribution to an insured depository institution's ability to absorb losses shall be deducted from capital. An example involves certain types of minority interests in consolidated subsidiaries. Minority interests in consolidated subsidiaries have been included in capital based on the fact that they provide capital support to the risk in the consolidated subsidiaries. Certain transactions have been structured where a bank forms a subsidiary by transferring essentially risk-free or low-risk assets to the subsidiary in exchange for common stock of the subsidiary. The subsidiary then sells preferred stock to third parties.
The preferred stock becomes a minority interest in a consolidated subsidiary but, in effect, represents an essentially risk-free or low-risk investment for the preferred stockholders. This type of minority interest fails to provide any meaningful capital support to the consolidated entity inasmuch as it has a preferred claim on the essentially risk-free or low-risk assets of the subsidiary. In addition, certain minority interests are not substantially equivalent to permanent equity in that the interests must be paid off on specified future dates, or at the option of the holders of the minority interests, or contain other provisions or features that limit the ability of the minority interests to effectively absorb losses. Capital instruments or transactions of this nature which fail to absorb losses or provide meaningful capital support will be deducted from Tier 1 capital.
D. Mandatory Convertible Debt
Mandatory convertible debt securities are subordinated debt instruments that require the issuer to convert such instruments into common or perpetual preferred stock by a date at or before the maturity of the debt instruments. The maturity of these instruments must be 12 years or less and the instruments must also meet the other criteria set forth in appendix A to Part 325. Mandatory convertible debt is excluded from Tier 1 capital but, for risk-based capital purposes, is included in Tier 2 capital as a "hybrid capital instrument."
So-called "equity commitment notes," which merely require a bank to sell common or perpetual preferred stock during the life of the subordinated debt obligation, are specifically excluded from the definition of mandatory convertible debt securities and are only included in Tier 2 capital under the risk-based capital framework to the extent that they satisfy the requirements and limitations for "term subordinated debt" set forth in appendix A to Part 325.
V. Analysis of Consolidated Companies
In determining a bank's compliance with its minimum capital requirements the FDIC will, with two exceptions, generally utilize the bank's consolidated statements as defined in the instructions for the preparation of Consolidated Reports of Condition and Income.
The first exception relates to securities subsidiaries of state nonmember banks which are subject to § 337.4 of the FDIC's rules and regulations (12 CFR 337.4). Any subsidiary subject to this section must be a bona fide subsidiary which is adequately capitalized. In addition, § 337.4(b)(3) requires that any insured state nonmember bank's investment in such a subsidiary shall not be counted towards the bank's capital. In those instances where the securities subsidiary is consolidated in the bank's Consolidated Report of Condition it will be necessary, for the purpose of calculating the bank's Tier 1 capital, to adjust the Consolidated Report of Condition in such a manner as to reflect the bank's investment in the securities subsidiary on the equity method. In this case, and in those cases where the securities subsidiary has not been consolidated, the investment in the subsidiary will then be deducted from the bank's capital and assets prior to calculation of the bank's Tier 1 capital ratio. (Where deemed appropriate, the FDIC may also consider deducting investments in other subsidiaries, either on a case-by-case basis or, as with securities subsidiaries based on the general characteristics or functional nature of the subsidiaries.)
The second exception relates to the treatment of subsidiaries of insured banks that are domestic depository institutions such as commercial banks, savings banks, or savings associations. These subsidiaries are not consolidated on a line-by-line basis with the insured bank parent in the bank parent's Consolidated Reports of Condition and Income. Rather, the instructions for these reports provide that bank investments in such depository institution subsidiaries are to be reported on an unconsolidated basis in accordance with the equity method. Since the FDIC believes that the minimum capital requirements should apply to a bank's depository activities in their entirety, regardless of the form that the organization's corporate structure takes, it will be necessary, for the purpose of calculating the bank's Tier 1 leverage and total risk-based capital ratios, to adjust a bank parent's Consolidated Report of Condition to consolidate its domestic depository institution subsidiaries on a line-by-line basis. The financial statements of the subsidiary that are used for this consolidation must be prepared in the same manner as the Consolidated Report of Condition.
The FDIC will, in determining the capital adequacy of a bank which is a member of a bank holding company or chain banking group, consider the degree of leverage and risks undertaken by the parent company or other affiliates. Where the level of risk in a holding company system is no more than normal and the consolidated company is adequately capitalized at all appropriate levels, the FDIC generally will not require additional capital in subsidiary banks under its supervision over and above that which would be required for the subsidiary bank on its own merit. In cases where a holding company or other affiliated banks (or other companies) evidence more than a normal degree of risk (either by virtue of the quality of their assets, the nature of the activities conducted, or other factors) or where the affiliated organizations are inadequately capitalized, the FDIC will consider the potential impact of the additional risk or excess leverage upon an individual bank to determine if such factors will likely result in excessive requirements for dividends, management fees, or other support to the holding company or affiliated organizations which would be detrimental to the bank. Where the excessive risk or leverage in such organizations is determined to be potentially detrimental to the bank's condition or its ability to maintain adequate capital, the FDIC may initiate appropriate supervisory action to limit the bank's ability to support its weaker affiliates and/or require higher than minimum capital ratios in the bank.
VI. Applicability of Part 325 to Savings Associations
Section 325.3(c) indicates that, where the FDIC is required to evaluate the adequacy of any depository institution's (including any savings association's) capital structure in conjunction with an application filed by the institution, the FDIC will not approve the application if the depository institution does not meet the minimum leverage capital requirement set forth in § 325.3(b).
Also, § 325.4(b) states that, under certain conditions specified in section 8(t) of the Federal Deposit Insurance Act, the FDIC may take section 8(b)(1) and/or 8(c) enforcement
action against a savings association that is deemed to be engaged in an unsafe or unsound practice on account of its inadequate capital structure. Section 325.4(c) further specifies that any insured depository institution with a Tier 1 leverage ratio (as defined in Part 325) of less than 2 percent is deemed to be operating in an unsafe or unsound condition pursuant to section 8(a) of the Federal Deposit Insurance Act.
In addition, the Office of Thrift Supervision (OTS), as the primary federal regulator of savings associations, has established minimum core capital leverage, tangible capital and risk-based capital requirements for savings associations (12 CFR Part 567). In this regard, certain differences exist between the methods used by the OTS to calculate a savings association's capital and the methods set forth by the FDIC in Part 325. These differences include, among others, the core capital treatment for investments in subsidiaries and for certain intangible assets.
In determining whether a savings association's application should be approved pursuant to § 325.3(c), or whether an unsafe or unsound practice or condition exists pursuant to §§ 325.4(b) and 325.4(c), the FDIC will consider the extent of the savings association's capital as determined in accordance with Part 325. However, the FDIC will also consider the extent to which a savings association is in compliance with (a) the minimum capital requirements set forth by the OTS, (b) any related capital plans for meeting the minimum capital requirements approved by the OTS, and/or (c) any other criteria deemed by the FDIC as appropriate based on the association's specific circumstances.
[Codified to 12 C.F.R. Part 325, Appendix B]
[Source: 50 Fed. Reg. 11139, March 19, 1985, effective April 18, 1985; 56 Fed. Reg. 10166, March 11, 1991, effective April 10, 1991; 58 Fed. Reg. 6369, January 28, 1993, effective March 1, 1993; 58 Fed. Reg. 8219, February 12, 1993, effective March 15, 1993; 58 Fed. Reg. 60103, November 15, 1993; 60 Fed. Reg 39232, August 1, 1995; 63 Fed. Reg. 42678, August 10, 1998, effective October 1, 1998; 66 Fed. Reg. 59661, November 29, 2001, effective January 1, 2002]
1Although intangible assets in the form of mortgage servicing assets, nonmortgage servicing assets and purchased credit card relationships are generally recognized for regulatory capital purposes, the deduction of part or all of the mortgage servicing assets, nonmortgage servicing assets and purchased credit card relationships may be required if the carrying amounts of these rights are excessive in relation to their market value or the level of the bank's capital accounts. In this regard, mortgage servicing assets, nonmortgage servicing assets and purchased credit card relationships will be recognized for regulatory capital purposes only to the extent the rights meet the conditions, limitations and restrictions described in § 325.5(f). Go back to Text
2This specific approval must be received in accordance with § 325.5(b). In evaluating whether other types of intangibles should be recognized for regulatory capital purposes, the FDIC will accord special attention to the general characteristics of the intangibles, including: (1) The separability of the intangible asset and the ability to sell it separate and apart from the bank or the bulk of the bank'sassets; (2) the certainty that a readily identifiable stream of cash flows associated with the intangible asset can hold its value notwithstanding the future prospects of the bank, and (3) the existence of a market of sufficient depth to provide liquidity for the intangible asset. However, pursuant to section 18(n) of the Federal Deposit Insurance Act (12 U.S.C. 1828(n)), specific approval cannot be given for an unidentifiable intangible asset, such as goodwill, if acquired after April 12, 1989. Go back to Text


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Support Mercy Corps and test my software (updated 10/24)
A handful of times a year I abuse my privileges as site administrator and make a post about my favorite charity-- which also happens to be my employer. I hope community members do not mind too much. -F
A project I've been working on for months and dreaming of for even longer is launching on MercyCorps.org today (well, soft launching... a wider public launch will happen next week). Today we are introducing a feature we're calling "personalized fundraising pages" that will let anyone with a website or blog or event set up their own customized page on Mercycorps.org.
Here is my fundraising page.
Our hope is that this tool will empower donors and communities like The Fresh Loaf to quickly and easily raise money for causes they believe in.
If you have ten minutes please check it out and consider making a small gift to Mercy Corps. I've set a goal of $1000 on my page, thinking that if one hundred members of The Fresh Loaf community each gave ten dollars it would be a powerful demonstration of the strength of our community.
If you are unfamiliar with Mercy Corps, please take a look around the Mercy Corps website to learn more about us. As I've mentioned previously, I was a Mercy Corps supporter and fan for many years before I found a job there. Working there has only deepened my belief that they are committed to improving the lives of people in some of the world's toughest places-- including many that don't typically make the news headlines like CAR, Tajikistan, and Niger-- and to being efficient stewards of their donors' money. Your show of support would mean a great deal to me.
Update 10/23/2009: In less than 48 hours we've raised over 600 dollars. Most impressive to me is that this isn't because of one or two large individual donations bumping up the total. Rather it has been sheer number of community members who have stepped forward and made a contribution.
As I mentioned in my comments below, as soon as I posted this I thought perhaps I was being presumptuous setting a $1,000 goal. But seeing that we've gotten nearly 2/3rds of the way there in less than 48 hours, I think we can do it... if not today, then by the end of this weekend. So if you haven't made a donati0n through this page and can afford to, please do! Even a 10 dollar donation is enough to provide a pile of a blankets to a family whose home was destroyed in the recent earthquake near Padang, Indonesia, or $15 provides an emergency supplies kit to a displaced family in Pakistan. Little gifts make a difference too.
Update 10/24/2009: Only $65 to go! Who will step forward and push us over the top?!?
Update 10/24/2009 8 PM Pacific Time: We made it! Thank you, everyone.


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Roanell Stepp Bishop, 88, of Hendersonville, died Saturday, November 10, 2012 at Pardee Hospital.
Mrs. Bishop was born September 29, 1924 in Henderson County to the late Grayson Bly Stepp and Lula Mae McCraw Stepp of Edneyville. She graduated from Edneyville High School and married the late Ben Henry Bishop of Mills River on Thanksgiving Day 1948. They were married for 62 years.
In addition to her parents and husband, Mrs. Bishop was preceded in death by three brothers, Herbert K., James H., and Redford Stepp, as well as a sister, Mattie Stepp.
A lifelong resident of Henderson County, she was employed for more than 20 years with Ecusta Paper Corp., later the Olin Corp. A longtime member of Ebenezer Baptist Church, she was a former Sunday School Teacher and Vacation Bible School Worker. She also was a longtime member of the Disabled American Veterans Ladies Auxiliary. An avid reader, she loved to read the Bible.
She was a wonderful cook and enjoyed flower and vegetable gardening when she was younger.
A loving mother, Roanell is survived by her daughter RoAnn Bishop of Raleigh, sister-in-law Ercelle Stepp of Flat Rock and brother-in-law LD Bishop of Hendersonville. She is also survived by several nieces and nephews.
Funeral Services will be held at 2:00 PM Tuesday Nov.13, 2012 at Thos. Shepherd's Church Street Chapel, conducted by Rev. Harold McKinnish, burial to follow at Shepherd Memorial Park. The family will receive friends the evening before, Monday, from 6:00 to 8:00 PM.
In Lieu of flowers, donations may be made to the American Cancer Society,120 Executive Park #1, Asheville, NC 28704, The Alzheimer's Association,31 College Place, Suite D320, Asheville, NC 28704 or the DAV Ladies Auxiliary, 917 New Bern Ave., Raleigh, NC 27601.
An online register book is available for family and friends by visiting www.thosshepherd.com. Thos. Shepherd & Son Funeral Directors is in charge of arrangements.
Roanell Stepp Bishop
Roanell Stepp Bishop, 88, of Hendersonville, died Saturday, November 10, 2012 at Pardee Hospital.


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Pictured: Audrey Mangan in action this weekend at Saint Michael's (Chris City).
COLCHESTER, Vt. – In the second EISA ski weekend of the season Harvard finished ninth out of 12 participating schools at the Saint Michael's Carnival. The Crimson's women Nordic team again led the charge with an impressive fifth place finish in the classic sprint relay on Saturday with Audrey Mangan, Esther Kennedy and Cara Sprague teaming up.
Dartmouth and Vermont finished first and second while New Hampshire, Middlebury and Williams rounded out the top five overall.
The women's Nordic sprint was an unusual format with each team having three racers who went 1 km before tagging off for the next leg – much like a track & field event, except each racer was tagged in three different times. Most teams entered an A and a B relay team. The first time for the first leg was longer than the other two, requiring strategy as to who led off each race.
Harvard stood in 11th place after the first leg of the 3X3 but
consistently fast splits bolstered the Crimson as other teams
started to fade on their second and third laps.
Not to be outdone, another Harvard entry of Clare Miller, Anika Petach and Alena Tofte finished ahead of two "A" teams
In a similar men's event, the Crimson started fast but faded down the stretch in being edged out by the host Saint Michael's team.
"The skate courses at Sleepy Hollow were very difficult with two long steep climbs, including one that was over 2km long," said head Nordic coach Chris City. "They had had a melt last week and so the thin snow cover quickly sheared off the downhill turns, leaving them as glare ice. These conditions applied to everyone, though, and I'm generally pleased with how we attacked the course."
Harvard's women placed ninth in the women's freestyle which at 10 km while the men placed 11th in thr 15km free event.
On the slopes, Harvard's women placed ninth in the giant slalom and slalom while the men placed 10th in the GS and slalom.
In the women's GS, Catherine Sheils turned in an impressive outing at 21st overall after qualifying in 51st position. Megan Luck also finished above her bib number with a 27th place finish from a 35th place start. Sheils was even better in the slalom event, finishing in 17th place from a 27th place start while Margie Thorpe halved her start time, finishing in 31st overall.
Chris Kinner led the men in the GS with a 35th place finish, moving up five spots while Alex Boardmen stormed back from a 70th place start in the slalom to finish 35th.


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MovieTickets.com Tracking Early Demand for Spider-man™ 3 Advance Ticketing
Moviegoers are Climbing the Walls to Secure Some of the First Tickets to See the Highly-Anticipated Spider-Man™ 3
(Los Angeles, CA – April 18, 2007) – MovieTickets.com (www.movietickets.com), the world's most powerful movie ticketing service, is offering advance tickets to Sony Pictures' Spider-Man™ 3, and moviegoers are buying tickets weeks before the film's May 4 theatrical release. MovieTickets.com exclusively tickets online for nearly 90 theater chains, and is now selling tickets from many of these movie theater partners.
"This early demand for Spider-Man™ 3 at this stage in the sales cycle reinforces the value of advance movie ticketing for consumers and exhibitors, and indicates the film is tracking to open as big as expected," said Joel Cohen, executive vice president and general manager, MovieTickets.com.
MovieTickets.com began selling Spider-Man™ 3 tickets on April 4, and is offering advance tickets via multiple channels including wireless and online through its own website and via an extensive network of web-based distribution partners.
Consumers who want to buy tickets for Spidey will find it easy when they log onto MovieTickets.com, either online or through a wireless device. Users simply enter their zip code for a listing of nearby theaters and show times. Once tickets are purchased, they can be picked up at the theater or conveniently printed at home for ultimate movie-going ease.
MovieTickets.com exhibitors currently include:
Academy 8 Theaters, Access Digital Theatres, All Star Entertainment, AMC Theatres, Amherst Cinema Art Center, Arena Grand Theatre, Ashbrie Cinemas, Atlantic Theaters, Atlas Cinemas, Brooklyn Academy of Music, Bryn Mawr Movie Theatre Co., Camera Cinemas, Celebrity Theatres, Channelside Cinemas, Cinema Centers, Cinema Four-Quad, Cinemagic Movies, Cinemall, Classic Cinemas, Clearview Cinemas, Cleveland Cinemas, Consolidated Theatres, Cornelius Cinemas, Crown Theatres, Dickinson Theatres, Drexel Theatres, Eastern Shores, Emagine Entertainment, Entertainment Retail (Hollywood Hits), Famous Players, Film Forum, Fine Arts Theatre - Beverly Hills, Fox Bay Cinema Grill, Foxmoor Movies, Greater Huntington Theatres, Greenville Cinemas, Hallett Cinemas, Harkins Theatres, HLB Entertainment, Hollywood Cinema 9, Hollywood Premier Cinemas, IFC Center, Kew Gardens (Cobble Hill), Krikorian Premiere Theatres, Landmark Theatres, M Park 4, Main Street Cinemas, Malco Theatres, Mann Theatres, Marcus Theatres, Marquee Cinemas, Metropolitan Theatres, MJR Theatres, MnM Theatres, MovieMax Theatres, Narberth Theatre, National Amusements, Nelsonville Movies 10, Oasis Cinema, Omniplex Theatre Group, O'Neil Theatres, Pacific Theatres, Paris Theater, Penn Cinema, Phoenix Theatres (MI), Phoenix Theatres (TN), Pickwick Theatres, Premiere Cinemas, Rave Motion Pictures, Reading Cinemas USA (City Cinemas), Rio Entertainment, Ritz Theatres, Riviera Cinemas, Roxy Theatres, Santikos Theaters, Sayville Theatre, Sea Turtle Cinemas, Silver Screen Cinemas, Spotlight Theatres, Studio Movie Grill, Sunrise Cinemas, Tango Theaters, Trans-Lux Cinemas, UltraStar Cinemas, Watson Theatre, Wellfleet Cinemas, and Westates Theatres.
About MovieTickets.com
MovieTickets.com, the most powerful Internet movie ticketing service, provides consumers with the ease of a virtual box office from the convenience of their home or office. Formed in the spring of 2000, MovieTickets.com is a joint venture between AMC Entertainment, Hollywood Media Corp (Nasdaq: HOLL), National Amusements, Famous Players, Marcus Theatres (NYSE: MCS), Viacom (NYSE: VIA), and AOL, thus allowing the company to effectively leverage the collective exhibitor expertise to deliver consumers a premium movie ticketing experience. MovieTickets.com enables consumers to buy tickets online for movie screens across the United States and Canada, and in the U.K. Its elite collection of partner theaters consistently represents over 50% of the top 50 and over 50% of the top 100 grossing theaters in North America on any given weekend. The MovieTickets.com Exhibitor group, which includes nearly 90 theater chains, is almost four times the amount of its nearest competitor.
# # #


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text:
Publications Tagged: Pillar
- Added July 01, 2005
- Law vs. War: Competing Approaches to Fighting Terrorism. Authored by Ms. Shawn Boyne, Mr. Michael German, Dr. Paul R Pillar, Dr. Dallas D. Owens.
- The readings in this volume address one of the fundamental assumptions underlying the conduct of the War on Terrorism - the nature of our enemy, whether perpetrators of terrorist activities are criminals or soldiers (combatants).


text:
Sean's new New York piece
He was spotted out for a romantic dinner with her last week in London now Sean Penn is in New York and …she came too.
Here they are last night after dinner, walking separately to avoid being photographed together but undoubtedly together. Hot new piece, non?
She's a model, of course.
Her name is Jessica White.
The first time he and Robin Wright separated he was also with a model. Petra Nemcova. Then it was back to his wife.
At least he's consistent. Only this time Robin says she's done.
Photos from Turgeon/Rocke/Splashnewsonline.com


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Emergency Kit
From MeritBadgeDotOrg
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The Emergency Preparedness merit badge and the Emergency Preparedness Award both include requirements about emergency kits. The following information is provided as an illustration of good content for emergency kits. You may wish to put other things in your kits.
Household Emegency Kit
What you have on hand when a disaster happens could make a big difference. Plan to store enough supplies for everyone in your household for at least three days.
- ____ Water. Have at least one gallon per person per day.
- ____ Food. Pack non-perishable, high-protein items, including energy bars, ready-to-eat soup, peanut butter, etc. Select foods that require no refrigeration, preparation or cooking, and little or no water.
- ____ Flashlight. Include extra batteries.
- ____ First Aid Kit Include a reference guide.
- ____ Medications. Don't forget both prescription and non-prescription items.
- ____ Battery-operated Weather radio. Include extra batteries.
- ____ Tools. Gather a wrench to turn off gas if necessary, a manual can opener, screwdriver, hammer, pliers, knife, duct tape, plastic sheeting, and garbage bags and ties.
- ____ Clothing. Provide a change of clothes for everyone, including sturdy shoes and gloves.
- ____ Personal Items. Remember eyeglasses or contact lenses and solution; copies of important papers, including identification cards, insurance policies, birth certificates, passports, etc.; and comfort items such as toys and books.
- ____ Hygiene & Sanitary Items. Small bag with toothbrush, toothpaste, soap, comb, facial tissues, towelettes, needle, thread, shoelaces, toilet paper, bleach
- ____ Money. Have cash. (ATMs and credit cards won't work if the power is out.)
- ____ Contact information. Includey a current list of family phone numbers and e-mail addresses, including someone out of the area who may be easier to reach by e-mail if local phone lines are overloaded.
- ____ Pet supplies. Include food, water, leash, litter box or plastic bags, tags, medications, and vaccination information.
- ____ Map and Compass. Consider marking an evacuation route on it from your local area.
- Other items from the Emergency Preparedness Pamphlet (Book}
- ____ Sleeping bag. (or bedroll of two wool blankets) and waterproof ground cloth
- ____ Poncho or raincoat. (with hood, hat, or sou'wester)
- ____ Matches. or other fire starting tools
- ____ Work gloves
- ____ '50 feet cord. No. 5 sash cord or similar-sized nylon cord
- ____ Hard hat.
- ____ Other equipment. as determined by weather (winter jacket, rubber boots, gloves, etc)
- ____ Pencil and small notebook.
- ____ Watch. (unless you usually wear one)
Related Awards
- Emergency Preparedness Awards
|Emergency Preparedness-related awards


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After falling short in his application for the state's lone slots parlor license, Raynham Park owner George Carney has sued the state Gaming Commission in an effort to block Penn National Gaming from opening its planned gambling facility in Plainville.
RAYNHAM — After falling short in his application for the state's lone slots parlor license, Raynham Park owner George Carney has sued the state Gaming Commission in an effort to block Penn National Gaming from opening its planned gambling facility in Plainville.
The lawsuit, which was filed late Friday, calls for the state's Supreme Judicial Court to revoke the slots license the commission issued in February to Penn National. Carney claims that Ourway Realty, the disqualified former owner of Plainridge Racecourse, will continue to profit once the slots parlor opens in 2015.
Penn National said the lawsuit's claims lack merit.
The Gaming Commission banned Ourway from seeking a license last summer after state investigators accused Plainridge president Gary Piontkowski of pocketing more than $1 million from the track's cash room over a 10-year period.
Plainridge got back in the running after Springfield Gaming, a subsidiary of Penn National, struck a deal to buy the harness track from Ourway, then filed a new application. The commission awarded the slots license to Penn National in March on a 3-2 vote, with Raynham Park getting no votes.
Carney's lawsuit, however, claims the license was issued "in violation" of state law and that the purchase agreement between Ourway and Springfield Gaming calls for the disqualified former track owner to receive a percentage of the gambling operation's earning "in perpetuity."
"Springfield Gaming's failure to disclose Ourway's interests, the nature of such interests and the names and addresses of all members of Ourway on its application rendered its application false and misleading…" the lawsuit states.
A Gaming Commission spokeswoman said Monday that the panel had not yet been served with the lawsuit and was unable to comment.
Springfield Gaming and Ourway are also listed as defendants.
"Their claims are legally and factually deficient," Eric Schippers, Penn National's senior vice president of public affairs, said in a statement. "The Gaming Commission did a thorough and transparent job evaluating the applications and acted appropriately. Given that the Carney proposal did not garner even a single vote, I'm not sure what they're ultimately trying to accomplish."
Carney and his attorney, Matthew Kozol, did not return calls for comment.
Penn National, which operates casinos and slots parlors in several states, plans to open the $225 million Plainridge Park Casino by spring 2015. The facility is expected to feature 1,250 slot machines, restaurants and entertainment space integrated with the existing harness racing track.
When the Gaming Commission reviewed the applications and evaluation criteria during hearings in February, Raynham's odds of landing the license grew longer as commissioners lauded the Penn National and Cordish Cos. proposals.
"I believe we have two candidates who rose above the third in nearly every category," commissioner Gayle Cameron said when Raynham Park was eliminated from the running.
Penn National on Monday announced Lance George, currently the general manager of Argosy Casino in Sioux City, Iowa, as the new general manager at Plainridge Park Casino, effective May 26.
— Gerry Tuoti is the Regional Newsbank Editor for GateHouse Media New England. Email him at email@example.com or call him at 508-967-3137.


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Nestle Discovers The Streisand Effect... But Only After Making Things Worse And Worse... And Worse
from the how-not-to-do-things dept
Okay, bad enough, right? I was going to post that story, but before I had the chance, Nestle decided to make things worse.
Because of all this new attention, a bunch of anti-Nestle people went to Nestle's Facebook group, and started posting messages that were certainly anti-Nestle. Now, there are lots of ways to respond to such things. The one thing you don't want to do is respond the way Nestle's "moderator" did. First, they threatened to delete comments from anyone using a modified Nestle's logo, claiming that this infringed on trademarks (which is an interesting claim, but unlikely to hold up in court, where countless times the use of a logo in protest has been upheld). This resulted in some pointed responses from group members, such as "It's not OK for people to use altered versions of your logos, but it's OK for you to alter the face of Indonesian rainforests? Wow!"
Nestle then didn't do itself any favors by having its moderator respond sarcastically ("Oh please...it's like we're censoring everything to allow only positive comments") and then go with the foot stomping response as well ("it's our page, we set the rules, it was ever thus.")
Eventually, Nestle admitted that it was wrong and apologized, promising that the moderator would be a lot friendlier. However, by then the damage had been done. An issue that very, very few people would have noticed turned into a huge ordeal thanks to repeated mistakes in handling them. The company attempted to stifle speech with both bogus copyright and trademark claims, and then when called on it failed to realize that it was only making things worse.


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- Inside Athletics
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JOHNSON CITY, Tenn. (Oct. 29, 2009) - The ETSU men's soccer is set to host Lipscomb on Friday at 3 p.m. in a key conference match at Summers-Taylor Stadium.
The Bucs (3-8-3, 2-4-1 A-Sun) come into the match one point back of the Bisons for the sixth spot in the Atlantic Sun tournament. ETSU fell to Jacksonville 3-0 last Sunday after defeating North Florida 1-0. Sophomore Sean Hoek (Newburgh, Ind.) leads the team with three goals, seven points and one game-winner.
ETSU dropped a close 2-1 match to the Bisons last year in the only meeting between the two schools.
Lipscomb (5-8-3, 2-3-2 A-Sun) has won its last two matches against Jacksonville and Belmont after losing seven-straight. The Bisons are led by Miguel DaSilva and Garrett Pettis as they both have four goals on the season.
Live stats are available by clicking the link above. For more information on Buccaneer men's soccer or any other athletic news, please visit www.ETSUBucs.com.


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The Language of the Flowers, El Lenguaje de las Flores, delux
delux edition
by Kevin Woodson, Juan Pablo Gutierrez
This is the price your customers see. Edit list price
About the Book
a book of flower paintings by Kevin Woodson and flower poems in English and Spanish by Juan Pablo Gutierrez The Language of the Flowers is a luscious full-color 74-page floral tribute of images and verse. Together, the paintings and the poems tell the story of the immediate personal and ephemeral beauty of flowers, while subtly narrating an ancient tale of love, magic, and the inseparable bond we all have to the Language of the Flowers. This book faithfully reproduces over 50 of Kevin's watercolor flowers, all painted en plein air, in the Gardens at Lake Merritt, between January and May 2011. The poetry and art speak to the magic of each flower, and explore the promises and secrets of Spring. 100% profits support El Colectivo del Rescate Cultural, which produces the annual Day of the Dead ritual procession in San Francisco
See More


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LaRoche homer beats Diamondbacks
WASHINGTON (AP) — Adam LaRoche hit a three-run homer and Gio Gonzalez won for the first time since May 5 as the Washington Nationals defeated the Arizona Diamondbacks 7-5 Tuesday night.
Jayson Werth added a double, RBI-single and two walks for Washington, which led 6-0 after five innings and snapped a twogame skid.
Gonzalez (4-3) went 6 1-3 innings, giving up two runs and nine hits. He struck out four and walked one. Rafael Soriano allowed an RBI single to Miguel Montero in the ninth, but earned his 20th save.
Martin Prado homered and Paul Goldschmidt had three hits for Arizona. Diamondbacks second baseman Aaron Hill, playing his first game since going on the disabled list April 14 with a broken left hand, went 2 for 4 with a double, single and walk.
Washington matched its season high for runs in an inning with the five-run third off starter Trevor Cahill (3-9).
Brewers 9, Cubs 3
MILWAUKEE (AP) — Rickie Weeks homered twice and drove in four runs as Milwaukee beat the Chicago Cubs.
Jonathan Lucroy added a two-run double, and Juan Francisco also homered for Milwaukee, which has defeated Chicago 19 of the last 21 times at home, including nine in a row.
Kyle Lohse (3-6) gave up eight hits and three earned runs in seven innings. He struck out three and didn't walk a batter.
Chicago's Edwin Jackson (3-10) allowed six earned runs and six hits in 4 2-3 innings to fall to 0-3 against Milwaukee this season.
Cubs shortstop Starlin Castro, mired in a 13-for-98 (.133) slump, had his streak of 269 consecutive games played end. It was the longest active run in the National League.
Marlins 4, Twins 2
MIAMI (AP) — Marcell Ozuna drove in two runs and Derek Dietrich homered to help Miami top Minnesota.
A.J. Ramos (2-2) pitched two scoreless innings in relief, and Steve Cishek worked the ninth for his 13th save for the Marlins, who have won four of five.
Miami starter Jose Fernandez allowed one run and four hits in five innings. The 20-year old Fernandez struck out three and walked three. He is 2-1 with a 1.67 ERA in five June starts.
Kevin Correia (6-5) held the Marlins scoreless through five innings before running into trouble in the sixth.
Phillies 6, Padres 2
SAN DIEGO (AP) — Domonic Brown hit his 20th home run and tied a career high with four RBIs as Philadelphia beat San Diego.
Kyle Kendrick (7-4) went eight innings, allowing two runs on seven hits with six strikeouts and no walks to earn the victory.
Jason Marquis (9-3), who had won eight straight decisions over 11 starts, went 4 1-3 innings, giving up six runs on six hits, walking five and striking out four to take the loss.
He allowed back-to-back walks on eight pitches to Ryan Howard and Brown in the fifth inning, which led to Marquis' exit from the game and contributed to three more runs by the Phillies, who took their 6-2 lead.
Dodgers 6, Giants 5
LOS ANGELES (AP) — Matt Kemp made a marvelous catch for the final out in his first game back from the disabled list to preserve the Los Angeles Dodgers' victory over slumping San Francisco.
Mark Ellis and Hanley Ramirez each hit a two-run homer for the Dodgers, and rookie Stephen Fife pitched effectively into the seventh inning. Los Angeles handed the defending World Series champions their third loss in a row and eighth in 11 games, dropping them under .500 for the first time since losing to the Dodgers on opening day.
It is the latest the Giants had a losing record since 2008, when they finished 72-90 in Bruce Bochy's second year as manager.
Fife (2-2) allowed three runs and four hits, including solo homers by Brandon Belt and Buster Posey. He struck out three and walked two in his 11th major league start. It was only the second time he gave up more than two runs.
Mike Kickham (0-2) yielded six runs — five earned — and eight hits over 5 1-3 innings in his second big league start.


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Former CIU administrator/professor Peter Letchford with the Lord
The Rev. Peter Letchford, who helped establish the Graduate School of Missions at Columbia Bible College (now Columbia International University Seminary & School of Ministry), passed away on Dec. 17, 2013 in Augusta, Ga. following a fruitful life of ministry. He was 96 years old.
Letchford had a long resume that included missionary to Africa, church pastor, and dean of the Graduate School of Missions. He was involved in ministry to the very end. Nearly a year ago, he was still teaching a Bible class for seniors at First Presbyterian Church of Augusta, when his life caught the attention of The Augusta Chronicle.
CIU Chancellor George Murray, who sat under Letchford's teaching when he was a CIU student, remembers him as a great Bible teacher and preacher who could explain Scripture and apply it in relevant ways.
"He helped me fall in love with the book of Hebrews," Murray recalls. "He was also a rigorous and demanding Greek teacher. When he spoke publicly, he was a bit of a contrarian, often taking issue with commonly accepted thought, even Christian thought, making you think carefully about what you believed and why."
Murray says Letchford was also "a fabulous organist," who would accompany the worship singing in the CIU chapel services.
"Often, he would ask us to all sing unison on the last verse of a hymn, during which he would deliberately and skillfully change the harmony and intensity of the music in such a way that set us all singing so heartily that we figuratively 'raised the roof' of Shortess Chapel," Murray said.
Read more about the life of The Rev. Peter Letchford.


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Education Background and Job Qualifications Required to Work Here
The information will be avaliable soon.
Job Openings at the Processed Foods Research Unit
No job openings are avaliable at present.
Career Opportunities
The links below are to current ARS job openings listed at the official job site of the US Federal Government, USAJOBS.
ARS openings in Albany, CA
ARS openings in California
ARS openings nationwide
* Note: the links above are to "Only Jobs Open to ALL U.S. Citizens" so if you are a current or former federal employee, be sure to select "ALL Jobs" to refine your search at the USAJOBS site.


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Eileen Thornton was born in Wexford, Ireland in 1909 and grew up in St. Paul, Minnesota. She graduated cum laude from the University of Minnesota in 1931, earning a bachelors degree in English and Library Science. In her early career she worked in public, school, and academic library positions in Minnesota and Iowa. In 1942 she enrolled in the University of Chicago Library School, which was then the leading school of library science in the nation, earning the Masters Degree in 1945. During that same period she was College Librarian and later Administrative Assistant to the Library Director at the University of Chicago. In 1945 Eileen was appointed College Librarian at Vassar College, a post she held for eleven years.
Blazing a trail that would later be followed by another well-known woman administrator, Eileen left Vassar in 1956 to become College Librarian at Oberlin. She was the first (and she remains so far the only) woman to hold our library director's position. Her sixteen-year tenure at Oberlin coincided with substantial expansion and growth of the college library system. She played a central role in planning the new main library, which is now housed in Mudd Center. At the time of her retirement in 1971 she saw the culmination of years of effort when the Trustees approved the letting of bids for the construction of the new building. Eileen also facilitated the construction of the Conservatory of Music Library and the Kettering Science Library. She developed herself the essential design for the Kettering Library under a tight deadline of less than twenty-four hours prior to a Trustee meeting. Under Eileen's direction Oberlin began the computerization of library functions, becoming in 1967 a founding member of the Ohio College Library Center. Eileen also played a central role in the establishment of the East Asian Studies collection and the creation of the Oberlin College Archives.
Known among library staff as ET -- since she often signed her memos with her initials -- Eileen was a persistent advocate for the goals she believed in. Confident and self-assured, she knew what she wanted and pressed hard for it. She fought, for example, to have the new main library located at the center of the campus and worked consistently to make the library as responsive as possible to student needs. She was widely regarded as a no-nonsense person, who excelled at communicating exactly what she meant. Some students perceived her as fierce while others, who were more closely associated with her, appreciated her firm principles. She was witty, quick-minded, facile with words, and very effective in written communication. She was also very sociable and engaging, having a fine ability to tell entertaining anecdotes and hold a group's attention. One of her co-workers relates that Eileen was a superb mimic, able to imitate others almost at will; she remembers in particular an impersonation of Edith Sitwell by Eileen that brought raucous laughter to the librarians who heard it. A staff member summarizes her character well in saying that Eileen was "very classy, in sort of an East Coast style, literary and sophisticated, and tough as a boot."
With the exception of the Dean of Women (who by definition was female), Eileen was for most of her career at Oberlin the sole female senior administrator in a male-dominated administrative structure. As such she was very attuned to issues related to women. In a 1964 memo to the business office, for example, she asks in passing, "Can we avoid using that bastard term 'coed' in official publications? It is just as easy to say 'women students' or 'women college students' and in better taste, I think. 'Coeducation' means the education of men and women together; 'Coed' is an American colloquial for female student, for some odd reason. I happen to loathe it, just as I loathe [the words] 'frat' and 'varsity' and a few other dated vulgarisms." Despite her obvious affinity with women's issues, Eileen was not perceived as a strong feminist; she seemed to prefer proving herself regardless of gender and demonstrating in various ways her personal independence.
Eileen was an important figure in the profession of librarianship. Before coming to Oberlin she had served as President of the Minnesota Library Association and as Vice President of the New York Library Association. As Oberlin's librarian she held the rare distinction of being elected president of two divisions of the American Library Association -- the Association of College and Research Libraries (1957-58) and the Library Administration Division (1967-68). She was elected to the ALA Council, served on the Executive Board of the Ohio College Library Center, was an active library consultant, and taught as a visiting lecturer at the library schools of Columbia University and Western Reserve University. She received a distinguished-service award from the Association of College and Research Libraries in 1989.
Eileen lived in Oberlin following her retirement from the College. An avid traveler, she became well-known for her frequent ocean voyages to distant points around the world, trips which she took not on cruise ships or ocean liners, but on common freighters. It was especially fitting that her distinguished service to Oberlin was recognized in 1989 when the library's primary conference room was dedicated in her honor. Eileen died at the Kendal Retirement Community on Friday, January 10, 1997.


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|Episode Description
|Wednesday, Nov 14, 2012 - 9:00 PM
"What Will The Future Be Like?"
Host David Pogue makes some predictions about which technologies will transform daily life within the next several years, based on advancements already taking shape in laboratories around the world. Gadgets that once were purely science fiction are on the verge of becoming as common as the smart phones Pogue reviews today. G
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text: I do everything what was in this tutorial http://www.howtoforge.com/perfect-server-ubuntu-12.04-lts-apache2-bind-dovecot-ispconfig-3 ,not with squirrelmail but roundcube http://www.howtoforge.com/how-to-install-roundcube-0.7-for-ispconfig-3-on-debian-squeeze 14.1 Xcache done, 14.2 PHP-FPM done. http://example.com/webmail works https://example.com/webmail works http://example.com/phpmyadmin works https://example.com/phpmyadmin works https://example.com:8080 (ISPConfig) works mailman works pure-ftpd works I replace from /var/www/ index.html ,then put joomla installation package. I have problem with the main site, after http://example.com or https://example.com or http://example.com/INSTALL.php I have blanc site, after http://example.com/installation/ site starts but show: Restricted access (Joomla massage). What I should to do?? I want that my main site starts in /var/www/ after putting http://example.com and http://192.168.1.1.


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