Miscellaneous to launch P250,000 sponsorship

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Court Vacates FHWA 90-Percent Threshold and Miscellaneous Products Exemptions Aspects of FHWA Secretary’s …

By recent order, the United States District Court for the District of Columbia vacated the Federal Highway Administration (FHWA) 2012 Memorandum regarding exceptions to the Buy America preferences for use of domestic steel and iron on federally funded highway programs. Among other things, the Memorandum exempted manufactured items that were at least 90 percent steel or iron, and other miscellaneous steel and iron products, from the Buy America requirements.

The Buy America preference requirement is grounded in several evolutions of the Federal Surface Transportation Assistance Act. One aspect of the related acts was the preference for domestic unmanufactured and manufactured products purchased with monies funded in conjunction with those acts. Those preferences included domestic steel and iron products, both manufactured and unmanufactured.

However, the acts allowed the Secretary of the US Department of Transportation to exempt the Buy America preference when the Secretary deemed Buy America compliance would be inconsistent with the public interest. The 2012 Memorandum resulted from the Secretarys most recent exercise of that exemption authority, and was intended to clarify earlier exception determinations by the Secretary.

Using his exemption authority, in the 2012 Memorandum, the Secretary exempted from Buy America policy application two categories of products: 1) manufactured products made up of less than 90 percent steel or iron; and 2) miscellaneous or off-the-shelf steel or iron products. The case before the District Court involved challenge to those policy exemptions.

In short, the court agreed with the challenging plaintiffs and held the 2012 Memorandum violated the Administrative Procedures Act (APA) because: a) the 90 percent threshold had not been subjected to required notice and comment rulemaking processes, and was itself arbitrary and capricious; and b) the miscellaneous products exceptions likewise were not subjected to required notice and comment rulemaking processes under the APA and also for Buy America waivers.

Thus far, the FWHA has not issued any additional clarification regarding Buy America implementation, nor has it initiated any related rulemaking processes. The overall impacts remain to be seen, but pending any overturning of the decision on appeal, or such rulemaking processes, all steel and iron for new federally funded highway projects must be reviewed for compliance with the Buy America requirements, and potential exemptions .

FWHA personnel have suggested that vacating the 2012 Memorandum is likely to significantly impact utility components. However, there will be other impacts as well.

Finance (Miscellaneous Provisions) Act 2015

The Finance (Miscellaneous Provision) Act 2015 (No.37 of 2015) was recently enacted. Amongst other matters, the Central Bank states in its Solvency II Matter newsletter (see below) that the Act provides for the continued regulation of undertakings that are wholly/partly excluded from Solvency II under the European Union (Insurance and Reinsurance) Regulations 2015 (and, for those undertakings, continues in force certain Regulations applicable under the Solvency I regime which transposed EU Directives now repealed by Solvency II).

Beazley expands miscellaneous medical capabilities in California

LOS ANGELES AREA, Calif., Dec. 14, 2015 (GLOBE NEWSWIRE) — Beazley Group (BEZ.L), a leading insurer of healthcare professional liability and miscellaneous medical risks, today announced the addition of Sarah Fiorito to its growing miscellaneous medical healthcare team. She will be based in Beazleys Los Angeles office.

Ms Fiorito joins Beazley from Kinsale Insurance, where she was a life sciences underwriter. At Beazley, she will focus on nutraceutical risks. In April, Beazley launched NutraGuard, a policy customized for nutraceutical manufacturers and distributors with the flexibility to cover products liability, general liability, errors and omissions (E amp;O), product recall expenses, employee benefits liability, cyber/privacy, and hired/non-owned auto insurance.

John Livatino, miscellaneous medical underwriter and the designer of NutraGuard, said: We are seeing strong growth in our miscellaneous medical business as brokers and clients discover the benefits of carefully tailored coverage to address the varied and complex exposures they confront. NutraGuard is a great example of the flexible coverage we can offer and I am delighted that Sarah will be joining our team to expand our underwriting capabilities in this field.

Beazleys miscellaneous medical team offers various combinations of medical professional liability, general liability, products liability and errors amp; omissions coverages, on both a primary and excess basis. Clients include healthcare staffing agencies, home health services, behavioral health services, clinical trial sponsors, tissue/blood banks, nutraceutical companies, organ procurement organizations, contract research organizations, correctional healthcare providers, medi-spas, occupational health services, dialysis clinics, and ground/air ambulances.

The miscellaneous medical team underwrites six of the top ten clinical research organizations and four of the largest healthcare staffing organizations in the US.

Sean Carroll
1-770-390-1563

Miscellaneous Footnotes to Earlier Posts: Feminism, Racism, Prayer

Miscellaneous Footnotes to Earlier Posts: Feminism, Racism, and Prayer

I don’t care to devote entire posts to these topics because they are basically footnotes to earlier posts on these subjects.

First, a couple months ago I decried the “exoneration” of the Cleveland, Ohio policeman who shot twelve year old Tamir Rice. The video is there for everyone to see. I have seen it several times myself. I don’t see how anyone can view it and not be sickened. A child is standing in a public park and a police car swoops up next to him and a policeman jumps out and shoots him dead.

The “exoneration” was offered by some “experts” hired by the district attorney’s office. They said the policeman had reason to fear for his life. I did not believe that–based on the video I saw.

Now the Associated Press is reporting that three experts who examined the video frame-by-frame say that Tamir had his hands in his pockets when he was shot and that the time between the police car’s arrival beside him and the shot that killed him was one second. California-based shooting expert Jesse Wobrock is quoted as saying “The scientific analysis [of the video] and timing involved do not support any claim that there was a meaningful exchange between [the policeman] and Tamir Rice before he was shot.” (AP December 6, 2015)

A grand jury is still investigating. I will say, for myself, in my opinion, if the policeman involved is officially exonerated by the jury or the charges are officially dropped, this will be one of the worst travesties of justice in modern American history and will vindicate those who claim that deadly racism is still a problem in our American justice system.

Second, according to this week’s news reports women will now be admitted to all combat roles in all the branches of the US military. This is, of course, a cause of great celebration for those who want full equality of women and men in every area of life. But there is still an obvious inconsistency that signals lack of equality. Young women still do not have to register with the Selective Service as do young men. Where are the voices of the feminists, the National Organization of Women and others, insisting that women match men in responsibility as well as ability? All the reasons traditionally used to exempt women from registering with the Selective Service are now overcome. It is simply sexism, this time in favor of women, that keeps them from having to do that. (I am personally opposed to military conscription, but so long as men must register, so ought women to have to register. Those who have good reasons for being exempted from a draft, if that should ever happen, would receive them–as do men.

Third, According to a report posted at the web site of the American Cancer Society on October 21, 2015, a scientific study has concluded that “Cancer patients with strong religious or spiritual beliefs report better health.” And that “reporting” is not merely subjective; it is shown that cancer patients who pray or meditate do better overall than those who do not. At the same time, another book is published by a noted atheist arguing that religion itself is dangerous to life and well-being. (David Silverman, Fighting God [Thomas Dunne Books, 2015])

Open Houses in Rusk

Customer AppreciationOpen HouseCitizens 1st Bank of RuskFri., Dec. 11th601 N. Main, Rusk11am- 2pmProsperity Bank in RuskFri., Dec. 11th147 E. 4th Street, Rusk9am – 3pmTexas National Bank of RuskFri., Dec. 18th484 N. Main, Rusk11am- 2pm

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From the miscellaneous drawer – The results are in

Determination paid off for me last week as I finally figured out how to reduce the pdf size of the Ely Echo which is sent to email subscribers. Previously it would require breaking the pages in to 4-6 separate files.
At $30 for a year, it’s a bargain, complete throughout in full color!
Here are some of the email subscriber comments:
Love the new format..and getting the news in a timely matter…great service! – BB
Like it! Good change!! Easy to read. – SD
One email. Nice! – MM
We miss the Ely area but love living in Arkansas with kids and grandkids. Much success to you all and a Merry Christmas. Still love all of Nick’s writings. – KA
We like this new format much better. – MC
I like the all in one!! 🙂 – CV
Your efforts to make the Echo into a one file document are greatly appreciated by me and probably hundreds of others. – TC
We do like it–a lot. – SK
The new format is great. It’s much more convenient to get the paper in one email. – CJ
Got it! No problems. – LV
I love having the Echo all in one email! Thank you. – MA
This is quite an improvement! – VK
I love it–only have to enter once. Nice going! – MR
Opened and scrolled through. All appears to be there. A welcomed improvement in delivery. Thank you. Now on to reading it. – DL
Thanks, it worked just fine for me. Please email me a subscription reminder as I will forward it to my Santa. – DB
Love the new look. – CL
Thanks for getting the entire newspaper in one email. – DB
Bravo Anne. Thanks a million… – NW
* * *
In the Ely Echo of December 9, 1985, thirty years ago, the headlines were:
o Council to issue uninsured one-night liquor license to Ely Ski Club (against advice of city attorney Bill Defenbaugh)
o Bois Forte Indians break new ground ($5.7 million for high stakes bingo and gambling facility on Lake Vermilion)
o Citizen of the Northland – Bill Anderson, then 92, was sketched by Bob Cary. Bill noted, “There are a lot of interesting people in nursing homes who are lonely and could sure use a visitor now and then.”

INSURANCE CORNER: Miscellaneous vehicle insurance issues that could be relevant

I am going to devote the next several articles to coverages on the various insurance policies, starting with personal auto, homeowners and then commercial business policies. Before that, however, I thought I would address some miscellaneous issues that come up from time to time.

The first deals with an issue in an adjacent state, Florida. Whether you are aware of it or not, Florida has a mandatory insurance law, like Georgia, but bodily injury liability coverage is not a mandatory coverage there like it is in Georgia.

The mandatory coverages are personal injury protection and property damage. That means if you are in Florida or get hit by a Florida insured who only has the required coverage, you have no recourse to collect from that insured for your injuries if they are at fault in an accident.

If you frequently drive in Florida, or have a son or daughter who is in school in Florida, you need to make sure you carry uninsured/underinsured motorist liability coverage. If you carry medical payments coverage, that will cover some minor injuries but will not compensate you for significant bodily injury. If this situation applies to you, call your agent or company to make sure you are protected.

Another issue that deals with uninsured motorist property damage coverage could save you a little bit of money on your insurance bill. Uninsured motorist property damage protects your property, usually your vehicle, if it is hit by someone who is uninsured or whose property damage liability limit is below what it would cost to replace or repair your vehicle. Many people who carry bodily injury liability and property damage liability limits of $100,000/$300,000/$100,000, match that limit in their uninsured/underinsured motorist limit. That last $100,000 is protection for your vehicle. But if it is worth far less than $100,000 why bother to carry that high a limit? If your car is worth less, carry a lower limit and save a little money. Also consider increasing the deductible on this coverage to $500 if you are currently carrying $250. These are not big premium adjustments but every little bit helps.

The last issue deals with older drivers. If you are in your 60s, please get auto insurance with a company you can count on as you get older. Many companies restrict coverage for drivers over 70. Also your rate with a company you have been with for several years is typically much more affordable than shopping for a new company. If you are a good driver, your current company has the history on your loss experience, and a new company is looking at its statistics of diminishing experience as a driver over 70 ages. Just some thoughts.

Dave Pushman is the former regional vice president of Geico in Macon and is now an independent insurance agent with Tidwell and Hilburn Insurance. He can be reached at davep@th-ins.com.

From the miscellaneous drawer – We get letters

We get letters and notes…
A friend in the Seattle area wrote to say thank you for sending the Echo and noted: “It is read and enjoyed every week and just seems to get better and better.” She congratulated all the Ely high school athletes who went on to State!
Bonnie Curnow wrote from Pennsylvania: “Just a note to let you know how much I look forward to receiving the Ely Echo – Ely will always be ‘My Home.'”
A 91-year old gentleman in North Carolina “keeps perking along” and “enjoys looking at the Echo’s pictures” although he no longer reads much. His wife says, “He isn’t sure where he lives, but he knows it isn’t Ely. Miss everyone there.”
A fellow from Indiana writes, “Thanks for all you do. Ely is my favorite place on earth.”
A note from a subscriber in downstate Minnesota said that she used to get the Echo on Saturday (the day after it was placed in the Ely Post Office), but now is getting it “later and later.”
With the closing of so many regional centers and small post offices across the country, some subscribers are finding it easier (and less expensive) to switch to our email service which send pdfs, generally on Fridays.
If that interests you and you’d like to give it a try, contact me at: thepub@elyecho.com.
A letter also came that noted “Without your publication it would be difficult to get the word out…”
Another subscriber wrote, “I enjoy the Echo. Your newspaper takes on tough issues and I feel that makes the Echo special. Keep up the good work.”
The Echo appreciates the kind words from all.
And, to be honest, we appreciate the advertising support we also receive. That is a big part of being able to pay the bills!
* * *
In the Ely Echo of Nov. 27, 1995, twenty years ago, the headlines were:
o Bylaw changes, board election set for Dec. 4 hospital shareholders’ meeting
o Klun to bill zoning appeals as “extraordinary”
o Board of 30 among possible changes for Ely economic development group
o Bakery hearing proceeds without Berg; council affirms permit denial
o Alison Schiefelbein 15th at state diving meet
o Herberg, Merfeld form Wolves nucleus
oo Echo headline thirty years ago: Dorothy Stirens hired as new Ely Recreation Director

From the miscellaneous drawer – Cook books

DIDJAEVER?
Did you ever start to look for a recipe that you told someone about and were amazed by the number of cookbooks you own?
Just a few of the titles, and the years published, I found on my kitchen bookshelf included: 1999 – Gundel’s Hungarian Cookbook, 1986 – Minnesota Ethnic Cookbook, 1978 – Betty Crocker’s Cookbook for Boys and Girls, 1953 – The Joy Book of Cooking and 1884 – Mrs Owen’s Cookbook.
1884? Yep and my great-great grandmother made a note inside that she paid $2.25 for it in 1888. It is complete with home remedies, one of which says that boracic acid is good for bruises and cuts and “the best remedy for horses and men.” (or roaches.)
Among the advice given is “Quantities for Church Lunches” for 150 persons (includes: 2 hams and 150 doughnuts).
The cure for inflammatory rheumatism noted: “A gentleman was completely cured by handling doves. He would stroke and play with them daily. The result was a cure for him but death to the doves. This distressing malady is so obstinate that one afflicted with it will resort to almost anything suggested.”
But those “receipts” as recipes were called back then, wasn’t what I started looking for.
It was delicious Swedish Rye Bread which I finally located, complete with my note: takes eight hours from start to finish plus cooling time. Here it is:
Swedish Rye Bread
2 cups water, 1/4 cup brown sugar, 1/4 cup molasses (or honey or Karo syrup), 1/4 cup white sugar, 1-1/2 tsp Caraway seeds, 1 tsp anise seeds, 1 tblsp melted shortening (or oil), 1 pkg dry yeast, 4 cups white flour, 1 tsp salt, 2 cups sifted rye flour.
Heat together: water, sugars, spices and shortening. Cool to lukewarm. Add yeast and mix well. Add part of white flour, then rye flour, salt and more white flour.
Knead on floured board. Let rise until double in size. Punch down and let rise again.
Shape into two large or three small loaves. Let rise again. Bake at 400° for 20 minutes, then 350° for 40 minutes if baked in disposable pans or 50 minutes in regular bread pans.
* * *
In the Ely Echo of Nov. 13, 1995, twenty years ago, the headlines were:
o Fast Eddie (Steklasa) delivers mayoral victory
o Przybylski high vote-getter in council election, Skraba elected, Pucel defeated
o Girl rescues family dog from frigid waters
o Council OKs business park land swap
o Marolt re-elected in a landslide; Kellerman also wins seat on school board
o Fall Lake supervisors hopeful that joint powers fire pact can be signed