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Docket No. AB 6 (Sub-No. 482X)
Digest:[1] This decision allows the BNSF Railway Company (BNSF) to end its common carrier obligation to provide rail service over a 2.14-mile rail line in Cook County, Ill., subject to standard employee protection conditions. It also imposes environmental conditions requiring BNSF to consult with certain state and Federal agencies prior to removing railroad tracks and ties on the line. Finally, the decision requires BNSF to keep certain structures in place and sets a time period for BNSF to negotiate with parties interested in turning the line into a recreational trail.
Decided: April 8, 2013
By petition filed on December 21, 2012, BNSF Railway Company (BNSF) seeks an exemption under 49 U.S.C. § 10502 from the prior approval requirements of 49 U.S.C. § 10903 to abandon an approximately 2.14-mile rail line between Station 36 + 70, north of the Chicago Sanitary and Ship Canal Bridge, and Station 149 + 87, at the end of the track near Western Avenue, in Cook County, Ill. (the Line). Notice of the petition was served and published in the Federal Register on January 10, 2013 (77 Fed. Reg. 2,316).
On January 29, 2013, a request for issuance of a notice of interim trail use (NITU) and public use condition for the Line was filed on behalf of the City of Chicago by the Chicago Department of Transportation (Trail Sponsor). BNSF responded by a letter filed on January 30, 2013, indicating that it does not object to the issuance of the NITU. On February 6, 2013, a request for the issuance of a Public Use Condition was filed by Brian Lynch, Laurence Rohter, James Novak, and Gabrielle Souder (collectively, Public Use Proponents). The exemption will be granted subject to public use, trail use, environmental, and standard employee protective conditions.
BNSF first attempted to abandon the Line in 1999, but the Board denied its petition. See The Burlington N. & Santa Fe Ry.—Aban. of Chicago Area Trackage in Cook Cnty., Ill., AB 6 (Sub-No. 382X) (STB served Sept. 21, 1999). At the time, the Line had four potential shippers; two then-current shippers submitted filings with the Board opposing the abandonment and disputing BNSF's representations and two prior shippers opposed the abandonment. The Board determined that BNSF had submitted insufficient information to allow the Board to "make a determination of the profitability of the line" and denied BNSF's petition. Id., slip op. at 6.
In 2000, the Central Illinois Railroad Company (CIRR) filed a notice of exemption to lease a line from BNSF that included the Line at issue here. See Cent. Ill. R.R.—Lease & Operation Exemption—Lines of Burlington N. & Santa Fe Ry. Co. at Chicago, Cook Cnty., Ill., FD 33960 (STB served Dec. 5, 2000). In 2010, the Board permitted CIRR to cease service over that line, after which BNSF resumed providing rail service. See Cent. Ill. R.R.—Discontinuance of Serv. Exemption—In Cook Cnty, Ill., AB 1066 (Sub-No. 2X) (STB served Nov. 16, 2010). According to BNSF, the Line was embargoed on October 28, 2011, due to poor track conditions.[2]
BNSF states that only one shipper, Pure Asphalt Company (Pure Asphalt), has received service over the Line in the past five years. Pure Asphalt received six carloads in 2009, no carloads in 2010, and four carloads in 2011 prior to the embargo. According to BNSF, Pure Asphalt apparently has used other modes of transportation for the vast majority of its traffic.[3] BNSF states that it is seeking an exemption to abandon the Line because it has experienced operating losses since it resumed operations over the Line in 2010.
According to BNSF, the segment of the Line that serves Pure Asphalt requires significant rehabilitation. That portion of track requires tie replacement on various segments, installation of track panels, surfacing, replacement of a turnout, the renewal of a street crossing, and installation of new signal cables. BNSF estimates the cost of rehabilitating that segment to be $650,000. BNSF states that the net liquidation value of the Line is $3,330,000 based on the value of the real estate.
BNSF claims that continued operation of the Line would be a substantial financial burden. Revenue for the Forecast Year[4] would only be $780, according to BNSF. Continued operation of the Line in the Forecast Year, according to BNSF, would result in an operating loss of $3,594 and an annual opportunity cost of $595,187, for a total economic loss of $598,781 in the Forecast Year.
BNSF contends that granting the exemption will foster sound economic conditions and encourage efficient management. Moreover, BNSF states that Pure Asphalt has been utilizing other modes of shipping and, accordingly, that competition and the continuation of a sound rail system will not be affected if the petition is granted.
Under 49 U.S.C. § 10903, a rail line may not be abandoned without prior approval from the Board. Under 49 U.S.C. § 10502, however, we must exempt a transaction or service from regulation when we find that: (1) continued regulation is not necessary to carry out the rail transportation policy of 49 U.S.C. § 10101; and (2) either (a) the transaction or service is of limited scope, or (b) regulation is not necessary to protect shippers from the abuse of market power.
As detailed below, BNSF has demonstrated that the Line proposed for abandonment would incur an operating loss during the Forecast Year. BNSF has also shown that the Line requires substantial rehabilitation expenditures and that it would incur significant opportunity costs if it continues to operate the Line. Accordingly, we find below that this transaction meets the exemption criteria under 49 U.S.C. § 10502, and we will grant BNSF's petition for an exemption to abandon the Line.
Forecast Year Revenue. BNSF estimates that, during its Forecast Year, revenues generated by the Line would total $780. In calculating its revenue, BNSF bases its estimates upon Pure Asphalt's past usage of the Line. According to BNSF, Pure Asphalt received six carloads in 2009, no carloads in 2010, and four carloads in 2011 prior to the embargo. The Line is stub-ended and not capable of handling overhead traffic. No party has challenged this figure, and we will accept it as the best evidence of record.
Rehabilitation Costs. BNSF claims that in order to rehabilitate the line to FRA Class I standards, it would need to make repairs and improvements totaling $650,000, including $180,000 for the installation of track panels, $135,000 in tie replacement costs, $20,000 for surfacing, $140,000 to replace a turnout, $155,000 to renew the 31st Street crossing, and $20,000 for new signal cables. In addition, in order to safely serve Pure Asphalt, BNSF claims that it would also need to replace the ties on the bridge crossing the Chicago Sanitary and Ship Canal at a cost of $260,000. Again, no party has contested these estimates, so we will accept them as the best evidence of record.
Forecast Year Loss. The record indicates that BNSF would incur a total economic loss of $598,781 in the Forecast Year. This number is derived from BNSF's projected revenue of $780 less the estimated avoidable cost of $4,374 (representing $2,783 for transportation costs, $33 for locomotive costs, $26 for return on value-locomotives, and $1,532 in off-branch costs) less the total return on value of $595,187. This estimated amount is based upon reasonable facts and assumptions and is the only evidence of record. No party has come forward to dispute BNSF's claim of significant operating losses or to oppose the abandonment.
Opportunity costs. Opportunity costs (or total return on value of railroad property) reflect the economic loss experienced by a carrier from forgoing a more profitable alternative use of its assets. Here, BNSF has asserted opportunity costs of $595,187 during the Forecast Year, calculated by multiplying the valuation of property of $3,328,785 by 17.88%, the nominal rate of return[5] less the holding gain. No party has challenged BNSF's opportunity cost figure, so we will accept it as the best evidence of record.
Because of BNSF's estimated Forecast Year operating loss, and the substantial rehabilitation costs and opportunity costs it would incur, all of which are uncontested, we find that the rail transportation policy objectives of 49 U.S.C. § 10101 are met without subjecting this transaction to the more detailed scrutiny required under 49 U.S.C. § 10903. By minimizing the administrative expense of the application process, an exemption in this case would expedite regulatory action and reduce regulatory barriers to exit, in accordance with 49 U.S.C. §§ 10101(2) and (7). An exemption would also foster sound economic conditions and encourage efficient management by allowing BNSF to save the expenses of maintaining and operating a Line that is unprofitable. See 49 U.S.C. §§ 10101(5) and (9). Other aspects of the rail transportation policy would not be adversely affected by use of the exemption process.
More detailed scrutiny of the proposed abandonment of the Line is not necessary to protect shippers from an abuse of market power here.[6] As BNSF asserts, total usage of the Line has varied by only a small percentage annually over the four-year period from 2009 to 2012, and has dropped to zero since the Line was embargoed. Moreover, Pure Asphalt, the only shipper on the Line, has not objected to the abandonment exemption. Further, according to BNSF, Pure Asphalt has other transportation alternatives. Nevertheless, to ensure that this shipper has been informed of the Board's action, BNSF will be required to serve a copy of this decision on Pure Asphalt so that it is received within five days of the service date of this decision and notice, and to certify contemporaneously to the Board that it has done so.
Employee Protection. Under 49 U.S.C. § 10502(g), the Board may not use its exemption authority to relieve a carrier of its statutory obligation to protect the interests of its employees. Accordingly, as a condition to granting this exemption, the Board will impose the employee protective conditions set forth in Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979) (Oregon Short Line).
Environmental Review. BNSF has submitted a combined environmental and historic report and has notified the appropriate Federal, state, and local agencies of the opportunity to submit information concerning the environmental impacts of the proposed abandonment. See 49 C.F.R. § 1105.11. The Board's Office of Environmental Analysis (OEA) has examined the environmental and historical report, verified BNSF's data, and analyzed the probable effects of the proposed action on the quality of the human environment.
OEA issued an Environmental Assessment (EA) in this proceeding on February 19, 2013, recommending that three conditions be imposed on any decision granting abandonment authority.
In the EA, OEA states that the Illinois Environmental Protection Agency (IEPA) commented that the proposed abandonment may require a General National Pollution Discharge Elimination System (NPDES) permit because it may result in a land disturbance greater than or equal to one acre. Thus, OEA recommends a condition that BNSF consult with IEPA prior to the commencement of any salvage activities and comply with any reasonable NPDES requirements.
OEA further states in the EA that there are seven protected biological species in Cook County, Ill. Although OEA believes that adverse impacts to these species are unlikely, OEA recommends a condition that, prior to commencement of any salvage activities, BNSF consult with the U.S. Fish and Wildlife Service (USFWS) regarding the potential impacts from salvaging activities to federally listed threatened and endangered species that may occur in the vicinity of the Line. OEA recommends that BNSF report the results of these consultations in writing to OEA prior to the onset of salvage operations.
Also in the EA, OEA notes that the National Geodetic Survey (NGS) has not submitted comments regarding the impact of the proposed abandonment on any geodetic survey markers that may be present in the project area. Accordingly, OEA recommends requiring BNSF to consult with NGS prior to commencing salvage activities.
Comments to the EA were due by March 21, 2013. No comments were received. Based on OEA's recommendations, the Board concludes that the proposed abandonment, if implemented as conditioned, would not significantly affect either the quality of the human environment or the conservation of energy resources.
Interim Trail Use.
As indicated above, the Trail Sponsor has filed a request for the issuance of a NITU for the Line under the National Trails System Act (Trails Act), 16 U.S.C. § 1247(d), and 49 C.F.R. § 1152.29 to provide time to negotiate with BNSF for acquisition of the right-of-way for use as a recreational trail and for rail banking. The Trail Sponsor has submitted a statement of willingness to assume full responsibility for the management of the right-of-way, for any legal liability arising out of the transfer or use of the right-of-way, and for the payment of any and all taxes that may be levied or assessed against the right-of-way, as required by 49 C.F.R. § 1152.29. The Trail Sponsor has also acknowledged that the use of the right-of-way for trail purposes is subject to the sponsor's continuing to meet its responsibilities described above and subject to possible future reconstruction and reactivation of the right-of-way for rail service. In a response filed on January 30, 2013, BNSF stated that it did not object to the issuance of the requested NITU.
Because The Trail Sponsor's request complies with the requirements of 49 C.F.R. § 1152.29 and BNSF is willing to enter into interim trail use negotiations, we will issue a NITU for the Line. The parties may negotiate an agreement during the 180-day period prescribed below. If an interim trail use agreement is reached (and thus interim trail use is established), the parties shall jointly notify the Board within 10 days that an agreement has been reached. 49 C.F.R. § 1152.29(d)(2) and (h); Nat'l Trails Sys. Act & R.R. Rights-of-Way, EP 702 (STB served Apr. 30, 2012) (effective May 30, 2012). If no agreement is reached within 180 days, BNSF may fully abandon the Line, subject to the conditions imposed below. See 49 C.F.R § 1152.29(d)(1). Use of the right-of-way for trail purposes is subject to possible future reconstruction and reactivation of the right-of-way for rail service.
Public use.
Concurrent with its request for a NITU, the Trail Sponsor has also requested the imposition of a public use condition. As noted, Public Use Proponents have also sought the imposition of such a condition.
The Board has determined that persons who request a NITU under the Trails Act may also seek a public use condition under 49 U.S.C. § 10905. See Rail Abans.—Use of Rights-of-Way as Trails, 2 I.C.C.2d 591, 609 (1986) (Rail Abans.). When the requirements for both conditions are met, it is the Board's policy to impose them concurrently, subject to the execution of a trail use agreement. The Trail Sponsor and the Public Use Proponents have met the public use criteria prescribed at 49 C.F.R. § 1152.28(a)(2) by specifying: (1) the condition sought; (2) the public importance of the condition; (3) the period of time for which the condition would be effective; and (4) the justification for the period of time requested. Accordingly, a 180-day public use condition will be imposed on the Line, commencing from the effective date of this decision and notice, to enable any state or local government agency or other interested person to negotiate the acquisition of the Line for public use. If a trail use agreement is reached on a portion of the right-of-way, BNSF must keep the remaining right-of-way intact for the remainder of the 180-day period to permit public use negotiations. Also, a public use condition is not imposed for the benefit of any one potential purchaser. Rather, it provides an opportunity for any interested person to negotiate to acquire a right-of-way that has been found suitable for public purposes, including trail use. Therefore, with respect to the public use condition, BNSF is not required to deal exclusively with the Trail Sponsor or the Public Use Proponents, but may engage in negotiations with other interested persons.
The parties should note that operation of the trail use and public use procedures could be delayed, or even foreclosed, by the financial assistance process under 49 U.S.C. § 10904. As stated in Rail Abans., 2 I.C.C.2d at 608, an offer of financial assistance (OFA) to acquire rail lines for continued rail service or to subsidize rail operations takes priority over interim trail use/rail banking and public use. Accordingly, if an OFA is timely filed under 49 C.F.R. § 1152.27(c)(1), the effective date of this decision and notice will be postponed beyond the effective date indicated here. See 49 C.F.R. § 1152.27(e)(2). In addition, the effective date may be further postponed at later stages in the OFA process. See 49 C.F.R. § 1152.27(f). Finally, if the Line is sold under the OFA procedures, the petition for abandonment exemption will be dismissed and trail use and public use precluded. Alternatively, if a sale under the OFA procedures does not occur, the trail use and public use processes may proceed.
It is ordered:
1. Under 49 U.S.C. § 10502, we exempt from the prior approval requirements of 49 U.S.C. § 10903 the abandonment by BNSF of the above-described line, subject to the employee protective conditions set forth in Oregon Short Line and the conditions that BNSF shall:
(1) be prohibited from disposing of the corridor (other than tracks, ties, and signal equipment) and from removing or destroying potential trail-related structures (such as bridges, trestles, culverts, and tunnels) for a 180-day period from the effective date of this decision and notice to enable any state or local government agencies, or other interested person, to negotiate the acquisition of the Line for public use;
(2) comply with the interim trail use/rail banking procedures set forth below;
(3) consult with IEPA prior to the commencement of any salvage activities and comply with any reasonable NPDES requirements;
(4) consult with USFWS regarding the potential impacts from salvaging activities to federally listed threatened and endangered species that may occur in the vicinity of the Line and report the results of these consultations in writing to OEA prior to the onset of salvage operations; and
(5) consult with NGS prior to commencing salvage activities on the Line and if NGS identifies geodetic station markers that may be affected by the proposed abandonment, BNSF shall notify NGS at least 90 days prior to beginning salvage activities that will disturb or destroy any geodetic station markers in order to plan for the possible relocation of the geodetic station markers by NGS.
2. BNSF is directed to serve a copy of this decision on Pure Asphalt so that it is received within five days of the service date of this decision and notice, and to certify contemporaneously to the Board that it has done so.
3. If an interim trail use/rail banking agreement is reached, it must require the Trail Sponsor to assume, for the term of the agreement, full responsibility for: (i) managing the right-of-way; (ii) any legal liability arising out of the transfer or use of the right-of-way (unless the sponsor is immune from liability, in which case it need only indemnify the railroad against any potential liability); and (iii) the payment of any and all taxes that may be levied or assessed against the right-of-way.
4. Interim trail use/rail banking is subject to possible future reconstruction and reactivation of the right-of-way for rail service and to the Trail Sponsor's continuing to meet its responsibilities described in ordering paragraph 3 above.
5. If an agreement for interim trail use/rail banking is reached by October 6, 2013, the parties shall jointly notify the Board within ten days that an agreement has been reached, 49 C.F.R. § 1152.29(d)(2) and (h), and interim trail use may be implemented. If no agreement is reached by that time, BNSF may fully abandon the Line, provided the conditions imposed above are met. See 49 C.F.R. § 1152.29(d)(1). If an interim trail use/rail banking agreement is executed before October 6, 2013, the public use condition will expire to the extent the trail use/rail banking agreement covers the same portion of the Line.
6. If interim trail use is implemented, and subsequently the Trail Sponsor intends to terminate trail use on all or any portion of the rail line covered by the interim trail use agreement, it must send the Board a copy of this decision and notice and request that it be vacated on a specified date.
7. An OFA under 49 C.F.R. § 1152.27(c)(1) to allow rail service to continue must be received by the railroad and the Board by April 19, 2013, subject to time extensions authorized under 49 C.F.R. § 1152.27(c)(1)(i)(C). The offeror must comply with 49 U.S.C. § 10904 and 49 C.F.R. § 1152.27(c)(1). Each OFA must be accompanied by the filing fee of $1,600. See 49 C.F.R. § 1002.2 (f)(25).
8. OFAs and related correspondence to the Board must refer to this proceeding. The following notation must be typed in bold face on the lower left-hand corner of the envelope: "Office of Proceedings, AB-OFA."
9. Provided no OFA has been received, this exemption will be effective on May 9, 2013. Petitions to stay must be filed by April 24, 2013. Petitions to reopen must be filed by May 6, 2013.
10. Pursuant to the provisions of 49 C.F.R. § 1152.29(e)(2), BNSF shall file a notice of consummation with the Board to signify that it has exercised the authority granted and fully abandoned the Line. If consummation has not been effected by BNSF's filing of a notice of consummation by April 9, 2014, and there are no legal or regulatory barriers to consummation, the authority to abandon will automatically expire. If a legal or regulatory barrier to consummation exists at the end of the one-year period, the notice of consummation must be filed no later than 60 days after satisfaction, expiration, or removal of the legal or regulatory barrier.
By the Board, Chairman Elliott, Vice Chairman Begeman, and Commissioner Mulvey.
[1] The digest constitutes no part of the decision of the Board but has been prepared for the convenience of the reader. It may not be cited to or relied upon as precedent. Policy Statement on Plain Language Digests in Decisions, EP 696 (STB served Sept. 2, 2010).
[2] BNSF Pet. 5, n.2
[3] BNSF's petition shows that BNSF served a copy on Pure Asphalt, but neither Pure Asphalt nor any other shipper has filed in opposition to the abandonment proposal.
[4] "Forecast Year means the 12-month period, beginning with the first day of the month in which the application is filed with the Board, for which future revenues and costs are estimated." 49 C.F.R. § 1152.2(h).
[5] Under 49 C.F.R. § 1152.34(d), the rate of return used to calculate return on value represents the individual railroad's current pre-tax nominal cost of capital. Our most recent after-tax cost of capital finding for the railroad industry is used as a basis for developing the appropriate nominal rate of return.
[6] Given the market power finding here, the Board need not determine whether the proposed transaction is limited in scope.


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Fallout 3 - Retrospective @ Will Ooi
Will Ooi has a new retrospective on his blog about Fallout 3 were he writes that the game broke the fanbase in two.
The production of Fallout 3 had suffered through a long and sordid affair, with the rights to the franchise undergoing a protracted saga after the closing down of the series' original development house, Black Isle Studios, and the cancellation of their vision of the third installment, codenamed Van Buren, before eventually leaving the grasp of a post-Brian Fargo Interplay (a memorable figure behind many revered 90′s RPGs who's now back on the scene after Wasteland 2′s Kickstarter success) and landing in the hands of the Elder Scrolls developer, Bethesda Game Studios.
When this reimagined Fallout game did arrive in late 2008, a full decade after Fallout 2 (and not counting the best-forgotten console-market-focused Brotherhood of Steel, which incidentally existed at the expense of Black Isle's version of Fallout 3 under disastrous new stewardship at Interplay) and with Morrowind and Oblivion lead Todd Howard at the helm, it did so with a Megaton bang. Despite the almost-unanimous critical acclaim and Game of the Year awards that left other big-hitting titles like GTA IV, Mass Effect, Bioshock and Metal Gear Solid 4 in the dust, another apocalypse was taking place over at the Fallout forums – chief among them No Mutants Allowed and the Fallout Wiki – with the existence of the latter an indication of both the richness of the series' lore and commitment of its fanbase.
The ripple of complaints tore through quickly and in great intensity, with old school fans making known their feelings that Fallout 3 resembled and respected little of what had come before, more FPS than RPG and essentially a standalone title that sought to appeal to newcomers who had never played, or even heard of, the originals. Gone too was that West Coast of America setting, with Washington DC's Capital Wasteland being undoubtably vast and detailed, but also severely lacking in internal consistency and logic – in 200 years since the war, how could these communities still live in squalor without any viable trade or agriculture? What, exactly, do they eat?
Information aboutFallout 3
SP/MP: Single-player
Setting: Post-Apoc
Genre: Shooter-RPG
Platform: PC, Xbox 360, PS3
Release: Released

subset: commoncrawl


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After 12 years of fundraising, the goal of creating the Lubbock Regional Public Safety Memorial has almost been reached.
The memorial, which will be built at Leroy Elmore Park in south Lubbock, will honor first responders from Lubbock and 15 surrounding counties who have fallen in the line of duty since the 1940s.
Initially, the memorial will feature the names of 45 firefighters, Emergency Medical Service workers and police officers.
This year's fundraisers include a dinner at the Overton Hotel on Saturday and a golf tournament played on Nov. 17. The golf tournament and dinner will serve as the memorial's annual fundraisers.
In recent weeks the city of Lubbock contributed $150,000 and Lubbock County donated $40,000. The memorial's expected construction cost is $200,000. Future donations will be necessary to cover maintenance and future expansions of the memorial.
Members of the public can contact John Gonzalez, an officer with the and a Department of Public Safety and co-chair of the Lubbock Regional Public Safety Memorial Board.
City Council member Floyd Price introduced the city's resolution to fund the memorial, and noted that first responders need to be recognized.
"Without a memorial, their deaths are just a statistic on a piece of paper," Price said.
The councilman was a police officer for 33 years and a deputy sheriff for 14 years. He knows all too well how it feels to lose a comrade.
"It is the worst feeling in the world," Price said, "when you are on duty and you hear one of your comrades has fallen."
Lubbock City Manager LeeAnn Dumbauld believes first responders need to recognized for their heroism.
"We've lost many men taking care of the city," Dumbauld said.
Dumbauld puts police and fire services into perspective in terms of the city's duties.
"It is the most important thing the city does for its citizens," Dumbauld said.
First responders need to be treated with dignity and respect, Dumbauld added.
Years ago, Randy Nichols was a paramedic. Now he is the CEO of Grace Medical System.
One of the people who trained him as a paramedic, Mark Beck, died in the line of duty.
"Mark was one of those guys you look up to," Nichols said. "We were just stunned. He was there one day, then he was gone, but he shouldn't be gone."
Nichols praised Beck for being full of life.
"He was born to do what he did," Nichols said. "He was a great mentor and a good human."
He called EMS, fire and police the first line of safety. He pointed out we encounter many people in our lives, but said these are the people who will be there when crises occur.
"They are the cavalry," Nichols said.
Bobby McDowell, a musician in the band, Hat Trick, provided Friday night's entertainment. He shares the feeling of gratitude for first responders.
"These are the real heroes," McDowell said. "Sometimes I think the word 'hero' is tossed around too easily.
"Where would we be without them? We would never really know until they weren't there."
District 4 Councilman Jim Gerlt believes it is important to remember what first responders do for the public.
"The memorial will help us to remember we are blessed people," Gerlt said. "Other people have paid a price for the safety and security we enjoy."
Like McDowell, Gerlt pointed the debt owed to first responders.
"There is no way to know how many people are alive today because of the work our first responders have done," Gerlt said.
Criticism of police officers and firefighters is something Gerlt said can be easy to do sometimes. He pointed out the men and women who serve the public have families they want to go home to at the end of the day. But they still put their lives on the line.
Lubbock Fire Battalion Chief Shaun Fogerson noted that not all first responders' are work-related. He told the story of a firefighter who died from brain cancer caused by exposure to toxins in smoke from fires.
"We need to look back at those who paid the ultimate price to keep us safe," Fogerson said.
The 20-year Lubbock resident said the public should know they are well protected, and they are the focus of the entire department's work.
"We think about them in everything we do," Fogerson said. "Everything we do is to protect them and their property."
The dinner and memorial are for those who have fallen, but Fogerson said he feels like his service is also honored, and he feels comfort in seeing the sacrifice of their lives being honored.
"Hopefully I will never have to make that sacrifice," Fogerson said. "But it is nice to know if I do, I will be remembered."
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Black tie event/graduation
Dress code: tux
Temp: 75-80 sunny out doors
70deg f indoors
Gucci PH2
L'Instant De Guerlain
Escada Magnetism
Midnight in Paris
i want to gel this scent along with this day therefore i will not be using this fragrance afterwards. :'(
which would you like to smell on a guy?
im retiring a scent in a sense.
Last edited by Troyvi; 23rd May 2012 at 04:09 AM.
Know that that has already happened months ago, but I would have went with Gucci Pour Homme II. But you won't retire it once you try it!


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LONDON, Dec 22 (Reuters) - European shares rose on Tuesday to recover from a pullback in the previous session caused by worries over Spain, as firmer energy stocks and takeover activity lifted the region's equity markets.
The pan-European FTSEurofirst 300 index, which fell 1.2 percent on Monday, recovered to stand 0.8 percent higher, while the euro zone's blue-chip Euro STOXX 50 index also advanced by 0.9 percent.
Oil stocks such as BP and Royal Dutch Shell recovered as oil prices edged away from multi-year lows on Tuesday.
Shares in USG People also surged 28 percent after Japanese employment agency Recruit agreed to buy the Dutch staffing company for 1.4 billion euros ($1.53 billion), a premium of 31 percent to its closing price on Monday. (Reporting by Sudip Kar-Gupta; Editing by Atul Prakash)


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VANCOUVER, B.C. — Who's No. 1? For the Vancouver Whitecaps, coach Martin Rennie isn't ready to give that label to David Ousted just yet.
The Danish goalkeeper, signed by the club in late June from Randers FC, made his first start in place of regular netminder Brad Knighton in last weekend's 1-1 draw with the Portland Timbers at JELD-WEN Field.
"I mean, he's the No. 1 on the last game," Rennie responded after a training session at the University of British Columbia on Tuesday when asked if Ousted would now be the main man between the sticks going forward. "But you always just go week to week and then decide.
"I don't think it's fair to say that this guy is always going to be the player because then maybe they train less or someone else is doing really well and they deserve a chance – you just have to have an open mind I think."
While Rennie isn't ready to give the undisputed starting title to Ousted just yet, it's difficult to imagine the club's big midseason signing isn't going to get a run of games now – and likely hold the job for the final stretch run into the playoffs – barring a string of major gaffes or an injury.
Brought from halfway around the world and carrying a salary commensurate with his playing experience in Europe, Ousted is here to play.
As for his debut, apart from Ryan Johnson's opening goal for the Timbers, Ousted didn't have much in the way of challenging stops to make. But Rennie was pleased with the 28-year-old's general performance in dealing with the routine plays goalkeepers are expected to make.
- Get more Vancouver Whitecaps news at WhitecapsFC.com
"I thought he played well," Rennie said. "He didn't have a lot to do but part of that was his organization and communication – helped to reduce the chances against us.
"And I thought he showed great presence. Looked very calm, and did well."
Martin MacMahon covers the Vancouver Whitecaps for MLSsoccer.com.


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Entity Framework Videos
Not too long ago, I gave two presentations on Entity Framework 4.0 covering new features like complex type, functions, stored procedures, POCO, Self Tracking Entity and some other features. Shawn was kind enough to record the videos for INETA.
These videos are 4 hour long each going in depth on Entity Framework core concepts. I hardly use power point so the presentation is mostly code. Here are two blog entries Shawn made for the two presentations.
The content is really good as what i have been told by several people who attended the presentation. However i do put a disclaimer that this was my first real presentation in the community ever so i am really learning to become a good speaker.
Since my MBA classes are finally over(what a rough semester!), i will have little more time to blog and participate more in the community.
Hope everyone find the videos useful


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According to SuperheroHype, last night's Walking Dead season finale drew 15.7 million viewers, 10.2 million of which were in the coveted adults 18-49 demographic, a series high. This capped off a season that averaged 13.3 million viewers per episode, also a new record for the show. The increase presented showrunners with an opportunity to piss off more viewers than ever before by refusing to wrap up plotlines and ending on an insufferable cliffhanger that fans will need to wait until next fall to even begin to see any resolution too.
"What the fuck?!" said the roughly sixteen million viewers who stared in disbelief at their television screens as Rick and company ended the season trapped in a dark railroad car in the creepy city of Terminus, which may or may not be populated by cannibals - we don't know, since the finale didn't bother to explain it.
"That's it?!" the millions of frustrated and disappointed viewers asked in unison as they all simultaneously realized that there would be no further information on what happened to Beth, where Carol, Tyrese, and the baby are, or how Rick, Carl, Michonne, Glen, Maggie, and a bunch of other characters will escape their imprisonment.
Though viewers acknowledged that it was nice to see most of the group reunited, it might have been better if the show hadn't spent the first half of the season revisiting the Governor storyline that should have ended with the Season 3 finale and instead focused on developing the new storylines so that the plot could reach some kind of natural endpoint by the end of the season, rather than hastily locking the survivors in a train car and ending on a cliffhanger. Even worse, the viewers were positive that the train car storyline would probably not even wrap up until the Season 5 mid-season finale, leading to another batch of unresolved plotlines for the end of that season.
"Thank god they made time for all those flashbacks to the prison though," the 16 million viewers sarcastically added. "We really wanted to know how Rick became a farmer back in the beginning of the season in a plotline that has been rendered irrelevant now that the prison is gone.
"That was the most lackluster and unfulfilling season finale I've ever seen," concluded the viewers, adding that the Talking Dead episode that aired after the show, drawing 7.3 million viewers, was also confusing for Rick actor Andrew Lincoln's soft-spoken British accent and the lack of an unfunny comedian or pro-wrestler to round off the guest list. The viewers all expressed plans to bitch endlessly about the finale online, though they all acknowledged that they'd be tuning back in for the Season 5 premiere later this year, having learned absolutely nothing from the entire ordeal.


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Sometimes you just can't find the right thing for the right person, and as the Christmas shopping days continue to dwindle, you wring your hands in despair. Or maybe you've been lazy. Whatever the case, you'd better look sharp: Santa lands in a mere five days, and you don't want to get caught empty-handed. But aren't the shelves at the malls and just about every other store in town starting to look a wee bit shopworn and empty? It's time to turn in a brave new direction: Why not visit some galleries and other artsy nooks and crannies, where you're likely to find something completely different...and conveniently last-minute?
Tucked into RiNo's urban live-work paradise, Taxi, you'll find the Taxi Art Store, 3457 Ringsby Court, where resident artist Susan Wick has been featuring works by different guests weekly on Thursdays throughout December. Today's the last open house; visit during lunch or after work, any time from noon to 7 p.m. For details, call 303-382-1820 or go to www.taxibyzeppelin.com/taxi_Zwick.htm.
Creep east on Colfax, and you'll find unexpected treasures at the new fine crafts emporium CO/RK Gallery, 2220 East Colfax Avenue, where delicate, hand-blown ornaments by glass artist Brad Chadez are in the spotlight through January 3; call 303-399-2675 or visit www.corkgallery.com. And farther down the drag in Aurora, the invitational group show My Favorite Things continues through December 29 at East End Applied Arts, 1556 Florence Street, featuring an abundance of original works by artists from Colorado and beyond in a myriad of mediums, with a focus on the functional. For details, call 303-506-8727 or go to www.eastendarts.com. Nearby, at Downtown Aurora Visual Arts, 1405 Florence Street, Wonders/Maravillas, the annual holiday show by DAVA's young artists, also continues; call 303-367-5886 or go to www.davarts.org.
Or save yourself for the monthly Santa Fe Art District Collectors Night, on December 21 from 5 to 8 p.m., where several galleries, including the Russian Ark Gallery, 931 Santa Fe Drive (303-534-1677); Abecedarian Gallery, 900 Santa Fe Drive, Suite A (303-340-2110); the Chicano Humanities and Arts Council, 772 Santa Fe Drive (303-571-0440); and Artists on Santa Fe, 747 Santa Fe Drive (303-573-5903) are all hosting holiday-oriented shows with gift-giving in mind. Visit www.artdistrictonsantafe.com for information.
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And finally, for the conservative art lover in your little book, consider dropping by the Great Western Art Gallery, 1455 Curtis Street, where the Artisan and Miniature Holiday Show, which includes everything from raku pottery to tiny paintings, is on display through Christmas Eve. Call 303-396-0279 or log on to www.greatwesternartgalleryllc.com. In the same representational vein, Abend Gallery continues its annual tradition by hosting a Holiday Miniatures Show through December 29; call 303-355-0950 or visit www.abendgallery.com.
Dec. 7-Jan. 3, 2007


text: I have a new 2012 A3 2.0TDI-170 s-tronic that has the start/stop system. My wife has an A1 which also has the start/stop system but hers is a manual gearbox. The system works fine on her A1 but with the s-tonic on my A3, once the engine has stopped I have to keep my foot on the brake. If I take my foot off the brake the engine restarts. When I was taught to drive many years ago I was told it was bad manners to sit in a traffic queue with my foot on the brake as my brake lights would be bright in the face on the driver behind me. Hence in the past I have also put my car into neutral and applied the handbrake. I know I can stop the start/stop system from working by using the switch on the dash but this is reset whenever the ignition is turned off. Does anyone know it it is possible to permanently switch the system off using VCDS>


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Ringling Bros. Following Accident: The Show Must Go On
The Ringling Bros. Barnum & Bailey Circus' Legends show will go on following an accident during their May 4 show at the Dunkin' Donuts Center in Providence, R.I., that left nine performers injured.
Performances over the weekend and on Monday were cancelled, but the show will continue beginning with its next performance in Hartford, CT, Tuesday, the show's parent company Feld Entertainment said in a public statement.
Rhode Island public safety officials said Monday the accident, which occurred during the show's hair hang act, was due to a metal carabiner that broke causing the apparatus and the women attached to it to fall.
"It has been determined that a carabiner in the rigging failed, however we do not know at this point why,'' according to a written statement made Monday by Feld Entertainment. "We will continue to inspect all of our equipment on our touring shows, and we are replacing every carabiner on this unit before the next performance.''
The hair hanging act will not be performed at the upcoming shows, the company said. All aerial shows during the act will receive a full saftey inspection.
Feld Entertainment is a family-owned live entertainment production company based in Palmetto, Florida.
The performers, eight women and one man, were conscious when they were transported to a nearby hospital. The man has since been released. The eight women remain hospitalized.
Fox 25 reporter John Monahan tweeted a photo of the show's official train that is used to transport cast members for their show tour. According to Monahan, the circus train is about 60 cars long, and crews are now preparing the train for its Connecticut departure.
Circus train that later today will carry performers not in the hospital to their next show in Hartford. #fox25 pic.twitter.com/RHIqQSbI6q— John Monahan Fox 25 (@MonahanFOX25) May 5, 2014
Read more here.


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My husband and I want to go to Hawaii during Thanksgiving time. We only have 8 days including flying to and from Philadelphia. Haven't booked the tickets yet because we don't know where we want to go. hence this post to get your feedback.
We both love outdoor things to do, see things, and maybe 1 day at a beach.
Any suggestions where in Hawaii should we go. One places or two places, and which one would be which will make us say WOW! Please remember we have been to NZ, and has said WOW many times there, and would love to have the same feeling in Hawaii.
Please advise.
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Need help where to go in Hawaii - we only have 8 days
My husband and I want to go to Hawaii during Thanksgiving time. We only have 8 days including flying to and from Philadelphia. Haven't booked the tickets yet because we don't know where we want to go. hence this post to get your feedback.
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With only 8 days including travel, you should stick to one island only.
Oahu is the easiest to get to, and the most developed, with Waikiki in the south (not where you want to go for outdoor activities -- very dense, hotel after hotel, but great weather and a good beach), the laid-back north shore (town of Haleiwa and the fabulous north shore beaches (the ones with the huge waves like the Banzai Pipeline), and the beautiful east shore (Kailua and Lanikai).
Maui is the most "tourist" developed of the other islands -- it has developed resort areas, less developed resort areas, the volcano (Haleakala), the road to Hana, little towns to poke around (Lahaina, not so little - an old whaling village that is now home to shops and restaurants and crowds, Paia, and others). If you want secluded, it would probably not be your best choice.
Kauai is much less developed, and lush and tropical. There are stretches of development (Poipu Beach in the south, the "cities" of Kapaa and Lihue in the east, Princeville in the north). It's got fabulous hiking and the amazing Waimea Canyon and Napili Coast (both are definite "wows"). The north is much lusher (because it's also wetter) than the south, but unlike the south, most of the accommodations are not ON the beach (although it doesn't sound like that's a priority for you). There are some, though -- someone just posted a report the other day about some beach cottages near Haena Beach, and songdoc has reported on sealodge condos at Princeville.
Sorry, I don't know anything about the island of Hawaii.
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How important is the beach or water activities? From your "1 day at a beach", I get the impression that snorkeling/diving/surfing aren't that important.
For the WOW factor, it's hard to beat a helicopter ride over the Kilauea volcano at Hawaiian Volcanoes National Park on The Big Island of Hawaii, or over the Napali coast of Kauai, or even the Haleakala Volcano on Maui.
Please give us a bit more information- what you don't want to do, your general accomodation budget. I hope you realize Thanksgiving week is going to be a peak travel time in Hawaii and accomodations and flights may be higher than in early December.
Personally, for 8 days, I'd look at Maui and Kauai.
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Your trip is really 8 days, 7 nights. That is best as a one-island trip.
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I would suggest the Pride of America, NCL. We did that last February and loved the cruise...seven days.See more of Hawaii with four islands Kauai, Maui, Hawaii, and Oahu. Spent a day on each island. And they cruised past the Kilauea volcano at night, Napali Coast by day. It was super!! But...the ship was just okay, the food was average cafeteria food. I don't remember the entertainment (that says it all). It was the best way to tour the islands. We did three weeks one cruising and two in Honolulu.
If I had to pick one Island I would choose Oahu. Great beaches, body surfing and snorkeling. The food was super and relatively cheap. Although, one huge omelet cost us $18 at an international chain (watch what you order). We saw a pineapple farm (cool!). The Polynesian Cultural center (an incredible series of South Sea villages peopled by the real thing. Best Luau!! It was super, (run by the Mormons by the way. Surprised me.)! Snorkeling at Haunama Bay was incredible, like swimming in an aquarium. The North Shore lived up to it's reputation and we were able to watch the Pipeline Pro surfing championship. Waikiki was as jam packed with hotels as you'd imagine but the sun-bathing was great and there is something to be said about being on a beach rimmed by hotels with restaurants and shops. There is a park there that is a good place for a walk.
If I had never been to Hawaii I would take the cruise then spend a few days on Oahu. Do not miss the masaladas from Leonard's Bakery. They are like raised donuts. I love 'em. Also stop at a Shrimp truck if you like shrimp (seen on Hawaii 50). Finally try a plate lunch. A huge serving with a meat/fish, 2 scoops of white rice, and a scoop of macaroni salad. Roughly equivalent to the southern U.S. meat-and-threes.
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I also suggest one island, one hotel for the amount of time you have. I recently flew to Maui from Buffalo for 7 days and stayed at the Hyatt on Maui. Never been to New Zealand but I found Maui had a lot of "wow" moments.
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Defintely stick to one island. I'd recommend Maui—we went for a week last fall on a Destination photo shoot and so got to check out many parts of the island. The great thing here is you can visit some excellent beaches, snorkel at Black Rock, go to a great luau, and also see some of the rougher country in the Hawaiian islands. We camped up in the Haleakala Crater to check out the cabins and the sunrise, and it was a nice complement to staying in the Kaanapali Beach area, which is also recommended.
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We are planning to leave either on Nov 19th or 20th and come back on Nov 27th. We like hiking, but not serious hiker, just easy/moderate trails to explore the natural beauty. We want to explore the island (s) --- volcanos, forest, mountains, etc..
WOW! Thanks friends for such great responses. We do understand that we don't have much time to explore all the beauties Hawaii has to offer.
Based on your comments it seems like Maui and Kauai are our best option.
1.) Can we do both islands in 7-8 days? How many days should we spend at each island?
2.) Is it easy to fly/ferry between islands?
3.) Does either of these island have an active volcano? We want to experience that...
4.) Any suggestions for budget places to stay --- condos, hotels etc.?
5.) How is the Hilton in Maui?
Any response would help us...
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I can answer some of your questions.
1. Of course, you can do both islands but I agree with others--I would choose only one.
2. No ferries--but flying interisland is easy.
3, 4. Neither Maui or Kauai has an active volcano. You have to go to the Big Island (Hawaii) for that. The Big Island has lots to do and also would be good for your 8 day trip. Here are websites for a few places we have stayed on our many trips there. You could split your time between Kona-side (west)sunnier and Hilo-side--wetter, greener, the volcano.
Kona side
http://www.vrbo.com/293127 have stayed there many times--pictures don't do it justice
http://www.vrbo.com/141871 looks like it is available for the first days of your trip--private estate--great view of coast
Hilo side
this site has rentals in the Kapoho area about 45 minutes from Volcano--lovely tide pools and it tends to be sunnier than Hilo-town http://book.bigislandvacationrentals.com
5. Never stayed at the Maui Hilton
Here are websites for some of the many sites and activities on the Big Island if you're interested in going there
Waipio Valley http://www.hawaiiweb.com/hawaii/html/sites/waipio_valley.html
Hawaiian Tropical Botanic Gardens http://htbg.com/
High Tea at Onomea Tea http://onomeatea.com/
Hilo Farmers Market http://www.hilofarmersmarket.com/
Volcano National Park http://www.nps.gov/havo/index.htm
Kilauea Iki Hike in Volcano National Park-- http://www.nps.gov/havo/planyourvisit/hike_day_kilaueaiki.htm
Ahalanui Park http://www.hawaiiweb.com/hawaii/html/beaches/ahalanui_park.html
Painted Church http://www.thepaintedchurch.org/
Puuhonua O Honaunau http://www.hawaiiweb.com/hawaii/html/beaches/ahalanui_park.html
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Kohala Coast Big Island least rain in fall
4 hours LAX Kona direct usually
for me princeresortshwaii.com packages on priceline.com
for me last 1K per person Hapuna Prince hotel air car
stayhawaii.com konaweb.com BI has it all including
terraforming awesome night lava views...
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wparmer - I really recommend one island given your amount of time. Coming from Philadelphia, it will take a couple of days to really adjust timewise. If you go on the 19th, you won't get there until mid-afternoon at the earliest. So that day you really can't do much. If you leave on the 27th and expect to arrive back in Philadelphia that same day, you will have to leave on an early flight, so that day is gone too. That leaves you with seven full days. While this is arguably enough time for two islands, you will waste a good part of one of those days going from one island to another. The flight is fast but when you factor in packing up, checking out of your hotel, driving to the airport, returning your rental car, waiting for your flight, taking the flight, retrieving luggage, renting a car, driving to your hotel and checking in/gettling settled, much of that day will be gone.
I think any one of the islands you choose will have more than enough to keep you busy for the amount of time you have.
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I hate to disagree, but if you don't plan on visiting the Islands again soon, you could get two islands easily...
If you wish to see Pearl Harbor, Waikiki, Honolulu, plan a three nighter in Oahu... followed by
If you love the Nature and tropical wild... Kauai
Volcanoes and black lava... Big Island
Beaches, luaus, snorkeling and water activities... Maui
The flights are easy between islands making two mini trips easy... especially if you pick just one and don't like it...
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Yes you can get two islands in pretty easily but with her amount of time she'll get about 3 days in each. I guess it depends on what is more important. I'd rather settle down on one island and have enough time to relax as well as explore. I am the same way on city trips. I'd rather spend more time in one city than get in as many cities as possible.
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1.) Yes. I'd do an even split.
2.) Easy to fly. No ferries.
3.) Nope. Active volcano is only on the Big Island.
4.) What price range do you mean by "budget"?
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Where is there a Hilton on Maui?
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We just got back from an trip to Kauai and Maui, respectively, leaving from the east coast. Long flights, but worth it. Can't disagree with those who say to stick to one island, especially if you've never been to Hawaii before.
I would also recommend Maui and Kauai for first-timers. Maui has Lahaina for a nightlife destination and arguably has more "stuff" and sights for first-timers. But it is definitely more developed.
Kauai, meanwhile, is a bit more laid-back and tropical. Plenty of hiking and spectacular scenery.
For our first Hawaii trip, we took 11 days on Oahu, Maui and Big Island. It was a great trip but we realized we tried to do too much, and were "forced" to return to see what we missed.
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There is no Hilton on Maui. Think it must have been a typo.
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As a family of four, we spent 2 weeks in Hawaii last year, one week on The Big Island and one week on Kauai. We chose these two islands because they were less "touristy" than Oahu and Maui and we were thrilled with our choice. Although none of us could pick which island was our favorite, I would recommend the Big Island as a first visit because of its diverse landscape and ecosystems, plenty of things to do, plus you have the ability to drive around the entire island in a week and make some great stops. Some highlights of our trip were hiking in Volcano National Park (insider recommendation from our B&B that we appreciated - hike the crater lake in the reverse direction of what the park recommends). Also, make sure you go back into the Park at night to see the glowing lava from the volcano. And bring flashlights with you to go into the lava tube (will need in the daytime). Leave several days to explore the park, plenty of places to stay. Also one of the best Thai place I have ever eaten at in the town of Volcano.
We also stayed at the Outrigger http://www.outrigger.com/hotels-resorts/hawaiian-islands/hawaii-big-island/keauhou-beach-resort in Kona and were so glad we did as our rooms were over the water and we could watch the sea turtles from our balcony. This is a smaller, low key resort hotel with a very friendly staff. The beach next door is not much to look at but happens to have some of the best snorkling on the island, literally like being in a tropical aquarium. Our teenagers took surfing lessons from Surfer Bear, who also uses the beach next door to the Outrigger. These guys were great, really laid back, and had the kids up in no time.
We also stayed at the Disney-like resort Hilton Waikoloa. After the initial shock of having such a low key trip and ending it in this huge resort our last few days, I adjusted and appreciated the nice views it offered. But see the island first because you will not leave this resort, too much to do within its confines.
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I forgot to add - definitely stop at teh great black sand beach on your way to Volcano National park if you choose to go to teh Big Island, tons of sea turtles baskign on the beach and the beach itself is very nice with a "Monet" pond behind it.
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In 8 days you could get to see most of the the Big Island. It's the warmest and on the Kona side the driest of the islands.
It is also the most diverse island with a lush green rainforest and an active volcano, an observatory for star gazing, gardens and waterfalls and more.
In winter I've heard it's possible to spend half the day on the beach or snorkeling and then ski!
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bookmarking, thanks.
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I "liked" the Big Island and Oahu--but I LOVE Kauai. But I go for nature and long walks in gorgeous surroundings. For me, Kauai is light years beyond the other islands for that.
I've copied in my most recent trip report (below). You'll find descriptions of incredible hikes/walks -- that don't require you to be a "serious" hiker -- or to risk your life.
Since falling under Kauai's spell four or five years ago, I've spent a total of at least 7 months there. I typically spend most of my time there on a lanai, overlooking the ocean, writing—but this time, I had more time to explore the Garden Isle, and I found even more beauty than ever before.
I spent two blissful weeks alone. DP (who is insane and doesn't love Kauai) stayed behind and my sister met me for the last two weeks. OK, to be honest, we're leaving in two weeks for a month in Scandinavia, and he felt that was too much travel in too short a span. But I still think he's certifiable.
My trip concluded with my teaching at the Kauai Music Festival, which was wonderful as always. The final nights (Fri. & Sat.) feature fantastic concerts that are open to the public. The Hawaiian artists are such a treat. I especially loved the elderly "Auntie" who strummed a Stevie Wonder song (!!!) between her traditional Hawaiian language melees! Makana's slack key guitar; Aldrine Guerrero's blazing ukelele solos; John Cruz, Kohala, Kenneth Makuakane, and more made it a highlight of the trip for me. Mainland artist BC Jean (she wrote Beyonce's "If I Were A Boy") was also exceptional.
As always, Sealodge condo in Princeville. It's an amazing value with unbeatable views. I rented a 2-bedroom unit this time because of my sister visiting for part of the time. Rented from Ahh-Kauai (www.kauai-vacations-ahh.com) for $125/night and was pleased with unit D-4. It included EVERYTHING I could possibly need in my home-away-from-home.
The views and breezes from the lanai are so mesmerizing that I'd be perfectly happy spending the next 100 years sitting outside and staring at the Anini reef with the Kilauea Lighthouse in the distance, with chickens, Nene geese, Java sparrows, and red-crested cardinals to keep me company. The sunrises and sunsets were spectacular, and it was lovely to join the others on the lawn, photographing and enjoying the beauty.
The final week of the trip was spent at the Kauai Beach Resort where I was on staff for the Kauai Music Festival. The hotel was very nice—not on par with the St. Regis or Grand Hyatt – but perfectly fine. The pool is beautiful, and the beach has fantastic views – but is not a swimmable beach. The breakfast buffet was excellent ($15 for the cold selections plus oatmeal; or $20 including the omelet station and hot choices) and was a very nice setting overlooking the pools. I didn't have any other meals there.
The negative to the KBR location is that it is isolated, mid-way between Lihue and Kapa'a. Anywhere you'd want to go is at least a 10-15 minute drive. But the positive side is that it's approximately halfway between the North and South shores—providing easy access to all locations on the island.
On the notoriously rainy North Shore it did indeed rain every day, but most of that rain fell during the night. Daytime showers lasted anywhere from a five minute drizzle to a twenty minute downpour, and never disrupted a day. There was never what I'd call a "rainy day," despite the online weater forecasts giving he impression that every day would be "rain." There were a couple of days on the East coast with not a drop of rain.
The condo was not air-conditioned. The only time I would have wanted it was during a couple of afternoons when it was quite warm when I wanted an after-lunch nap. Most of the time, the highs in the lo- to mid-80s felt more like upper 70s due to the cooling breezes. Mornings and evenings were delightfully cool.
Walks and Hikes:
I'm a nature lover, so for me, Kauai is paradise. I can't imagine a place with more beauty—and with so much variety in such a relatively small area. You don't need to risk your life or be an experienced hiker in order to be rewarded with breathtaking views in Kauai. I've previously done four miles on the Kalalau Trail (to the beach—and then on to the waterfall), and I preferred the views that I saw on this trip's less-strenuous hikes—that required less effort than climbing over jagged boulders and tree roots, and having to navigate dangerous, slippery trails.
Most days, I walked the length of Hanalei Bay with my feet in the water—either early morning, or at sunset. Gorgeous!
Several mornings, I walked the beautiful path beside the Princeville golf course to the St. Regis Hotel. Gorgeous views of the mist-draped mountains—and at the end, I was rewarded with great beach, and Bali Hai views. That beach is one of my "magic" places
My favorite walking path is the one that runs 4.1 miles from Kapa'a past Kealia Beach. The concrete path is shared by bikes, joggers, and walkers, and is a non-stop photo opp. It has a restroom and drinking fountain. There were almost always surfers to watch, and in the winter I've spotted lots of whales from the path. The views are so beautiful I walked that path more times than I can count. It was a good way to walk off my Kountry Kitchen pancakes, although looking back on those massive macadamia/banana treats, I probably would have had to walk to Tahiti to burn off those calories
Another fantastic walk was along the surf from the Kauai Beach Resort toward Lydgate Park. The rugged surf, the views of Sleeping Giant, and the ocean splashing my feet made it perfect.
My first big hike was the Kuilau Ridge Trail. This East side trail was accessed from Kuamoo Rd. past Opeakaa Falls, just before the stream and arboretum. It was a little bit slippery in spots due to the previous night's rain—drier on the way down, after the sun had baked it—but not nearly as demanding or treacherous as some of Kauai's better-known trails. I loved it. It's 2.1 miles each way and is categorized as "moderate."
Hike #2 was the Okolehao Trail—accessed (heading North) by turning left immediately after the first one-lane bridge (just before Hanalei). It starts with beautiful views of taro fields. This 2.3 mile trail, also categorized as "moderate," is quite demanding because it's very steep—but was well worth the effort. In addition to the "wow" vistas there were beautiful wild orchids along the trail. At the top, there were phenomenal views looking down on Hanalei Bay.
The highlight of my hiking was the Canyon Trail at Waimea Canyon/Koke'e State Park. I've done this trail several times before, and once again, I could barely believe anything could be so beautiful. It's even harder to believe that this scenery is in Kauai—and not somewhere like Arizona or Australia's Blue Mountains. After a few stops to look at the views of the canyon, we headed to the Kalalau Lookout. What a wonderful surprise to find that the road has been repaired. In the past the potholes were horrid.
At the end of the road was what must surely be the most beautiful view on earth—the Kalalau Lookout. I stood in awe of the beauty and photographed it from every angle. I had to tear myself away to hike the Canyon Trail. 3.6 miles, the trail is classified as "moderate," and has some challenging spots. I'd done this trail several times before but was still overwhelmed by the beauty. (Don't take my word for it. Look at the pictures. The link is at the end of this report.)
Hindu Monastery (Da Love-Ananda Mahal):
In a word: "WOW!" The setting is absolutely stunning; the views are spectacular; and the gardens include pools, exotic flowers, bonsai, and sculpture. The temple is still under construction so you can't go inside, but it looks finished from the outside. It's being built precisely as it would have been constructed 1,000 years – hand-chisled with tiny picks that have to be sharpened after three minutes of use! Amazing. FYI, we were permitted to enter the older temple where worship was taking place. It's incredibly beautiful and houses a massive crystal that will eventually be moved to the new temple.
FYI, you have to reserve in advance—and tours are offered only approximately once a week. There is no fee for the tour, but a well deserved "love offering" is appreciated. One can view parts of the grounds on weekedays from 9 AM till noon, but the only way to see the new temple is with a guided tour. Highly recommended.
The tour was very interesting, in addition to the exceptional sights. FYI, there's no proselytising, but basic info about Hinduism is offered. I'd place this on my "must-see" list for both the beauty and the educational/interest factor.
Allerton Gardens:
I didn't realize the gardens had been developed to spotlight foliage—not flowers—but they are still very peaceful and beautiful. I admit to being a wee bit bored by some of the initial sights and info, but it really picked up around mid-way through. There were some lovely sculptures and water features, and the massive fig trees were phenomenal. The tram ride from the visitor center to the gardens was a highlight of the tour with exquisite views of the South Shore beaches below. Admission was $45 per person; a bit steep, but it helps them keep up their conservation and scientific work. Not exactly on my "must-see" list if you have limited time, but we did enjoy it.
The garden's entrance is across from Spouting Horn, so after the gardens, we enjoyed the vistas and the blow hole. Also enjoyed the chickens in the parking area. Of course there are chickens everywhere—but there were even more here than usual – and the babies were soooo cute My sister especially liked the souvenir shopping in the booths beside Spouting Horn.
Polynesian canoes:
This was a one-time experience. Seven "canoes" from each of the major Polynesian islands arrived at Hanalei Bay and moored there for five days. The boats (which were more like catamarans than canoes) were beautifully painted with indigenous art, but the amazing thing is that they had carried approximately 120 people who re-enacted the 2,500 mile journey across the sea that their ancient ancestors would have embarked on to reach Hawaii: no compasses or modern navigational equipment. They'd sailed from New Zealand and had been at sea for two months! It was fascinating to hear their stories. Coincidentally, a friend of mine in NZ had seen them in the harbor there before they left for Hawaii.
When the boats sailed at sunset for their next destination (San Francisco) a large crowd gathered, including conch players, to send them off. One at a time, the boats approached the shore, and the sailors serenaded us with traditional chants and songs of thanks for Kauai's hospitality. It was a very special experience.
Hula Show:
There's a free hula show every other Sunday at 4PM at the Princeville shopping center. It was lovely. The live music feels like the real deal – not the slick "touristy" variety heard in some of the hotels. It's simple entertainment; not as elaborate as the show one sees at a luau, but we really enjoyed the thirty minute show—and the price was right ☺
Lumahai Beach is my new favorite beach. It's where Mitzi Gaynor washed that man right out of her hair in the movie "South Pacific." Mitzi picked quite a spot! Absolutely exquisite. The water was calm, and the most stunning shades of aqua and turquoise that I've ever seen in Hawaii. The views of the jagged peak at Makua (Tunnels) in the distance; the pale, sugary sand; and the rock outcroppings added up to comprise my picture perfect fantasy of Hawaii. There were plenty of shady spots and it was never crowded—not even on the 4th of July. The only negative: no restrooms ☹. But there are facilities less than a mile away at the 6 mile marker.
Anini Beach:
Beautiful, as always. More shells and chunks of coral than at most other beaches, but great lighthouse views and a lovely place to walk – with flip-flops or water shoes. Enjoyed watching the windsurfers and the large family gatherings.
Hanalei Bay:
What can I say? "Perfection."
Sealodge Beach:
Accessible only from the Sealodge condo complex, down a semi-challenging path (that gets very slippery when it's rained) this beach is relatively small, but exceptionally pretty. At high tide, I'm told the snorkeling was good, and those who went quite far out got to swim with turtles. I enjoyed strolling the beach and gazing in the tidepools. Some beautiful photo ops here.
Ke'e Beach:
With its views of the misty Napali cliffs. Ke'e will always be near the top my list. Parking is usually tough, but arriving around 3 PM, I found a perfect space. It's not a great place to swim at that time of day because it was shallow, and there's lots of coral (which you shouldn't step on) and rocks. Late in the day, it was almost impossible to find a shady spot because of the direction of the sun. But I'm not complaining. This is a beautiful place to sit and stroll. On a previous visit I walked along the surf to Tunnels. Beautiful—and not to be missed!
St. Regis Hotel Beach:
Like all beaches in Hawaii, this is open to the public. Exquisite views of Bali Hai and beautiful sunsets. Small swimmable area. As I said previously, this beach is one of my "magic" places. I spent one perfect sunset, and many early mornings there soaking in the views, and in awe of the beauty.
FYI, for a mere $1,000-plus, you can be served a candlelit, champagne dinner in a private cabana watching the sun set beside Bali Hai. When we were there, we watched a couple indulging in that experience. I fear I would choke on my food at that price, but as my grandmother would have said, "Rich or poor—it's nice to have money."
Kealia Beach:
A great place to watch surfers. I attempted boogie boarding here, but the surf was too rough for a beginner. Still, a beautiful beach to walk, and at the furthest section (near the rocks) generally gentler for swimming.
Most of my meals were enjoyed on the condo's lanai overlooking that unbeatable view. Roast chickens and meatloaf from Foodland's deli were reheated and tasted as good to me as any gourmet meal. I guess the setting helped ☺
But no visit to the Garden Isle could be complete for me without multiple visits to my two favorite restaurants: Kountry Kitchen (in Kapa'a – for breakfast) and Hamura's Saimin for amazing saimin and BBQ teriyaki chicken sticks. My sister is very fussy about trying new and unusual foods, but she was quickly addicted.
Loved Neide's Brazilian panquecas stuffed with vegetables, chicken and cheese. For a couple of extra dollars you can get them to do a combo of all the ingredients. Well worth it. The deck is a beautiful setting and the prices are quite reasonable. Also had an excellent dinner at Kauai Pasta (in Lihue, but there's also one in Kapa'a), and a delicious burrito ar Federico's in the Princeville shopping center. And I always enjoy the Beef w/broccoli at Waipouli Family Restaurant.
Kauai feels like home to me. I've seen many beautiful places but no place in the world casts the spell on me that this magical island does. At times I feel a spiritual connection and a sense of peace I have never experienced elsewhere. I don't understand it, but I know it's addictive.
The "aloha" spirit; the astounding variety of the splendor – from the majestic Grand Canyon-esque Waimea Canyon and Koke'e State Park, to the lushly covered peaks and turquoise surf of the North Shore; the rugged beauty of the East shore beaches with Sleeping Giant looming in the distance; the waterfalls and hiking trails; the vivid, exotic flowers and foliage; the sunsets … add up to sensory overload—and paradise.
Here's a link to a video show of my photos. (This is the first time I've ever done anything like this – and I thought I was a techno-moron!) Enjoy!
I hope this report will help those planning a trip – and those in need of a Kauai fix .
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songdoc, I enjoyed your report and your video was breathtaking!! This really makes me want to go. Thanks for sharing.
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2132 Pre-AIA 35 U.S.C. 102(a) [R-11.2013]
[Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2150 et seq. for examination of applications subject to those provisions. See MPEP § 2152 et seq. for a detailed discussion of AIA 35 U.S.C. 102(a) and (b).]
Pre-AIA 35 U.S.C. 102 Conditions for patentability; novelty and loss of right to patent.
A person shall be entitled to a patent unless -
- (a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
"The statutory language 'known or used by others in this country' [pre-AIA 35 U.S.C. 102(a)], means knowledge or use which is accessible to the public." Carellav. Starlight Archery, 804 F.2d 135, 231 USPQ 644 (Fed. Cir. 1986). The knowledge or use is accessible to the public if there has been no deliberate attempt to keep it secret. W. L. Gore & Assoc. v.Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983).
See MPEP § 2128 - § 2128.02 for case law concerning public accessibility of publications.B.Another's Sale of a Product Made by a Secret Process Can Be a Pre-AIA 35 U.S.C. 102(a) Public Use if the Process Can Be Determined by Examining the Product
"The nonsecret use of a claimed process in the usual course of producing articles for commercial purposes is a public use." But a secret use of the process coupled with the sale of the product does not result in a public use of the process unless the public could learn the claimed process by examining the product. Therefore, secret use of a process by another, even if the product is commercially sold, cannot result in a rejection under pre-AIA 35 U.S.C. 102(a) if an examination of the product would not reveal the process. Id.II."IN THIS COUNTRY"Only Knowledge or Use in the U.S. Can Be Used in a Pre-AIA 35 U.S.C. 102(a) Rejection
The knowledge or use relied on in a pre-AIA 35 U.S.C. 102(a) rejection must be knowledge or use "in this country." Prior knowledge or use which is not present in the United States, even if widespread in a foreign country, cannot be the basis of a rejection under pre-AIA 35 U.S.C. 102(a). In reEkenstam, 256 F.2d 321, 118 USPQ 349 (CCPA 1958). Note that the changes made to pre-AIA 35 U.S.C. 104 by NAFTA (Public Law 103-182) and Uruguay Round Agreements Act (Public Law 103-465) do not modify the meaning of "in this country" as used in pre-AIA 35 U.S.C. 102(a) and thus "in this country" still means in the United States for purposes of pre-AIA 35 U.S.C. 102(a) rejections.III."BY OTHERS""Others" Means Any Combination of Authors or Inventors Different Than the Inventive Entity
The term "others" in pre-AIA 35 U.S.C. 102(a) refers to any entity which is different from the inventive entity. The entity need only differ by one person to be "by others." This holds true for all types of references eligible as prior art under pre-AIA 35 U.S.C. 102(a) including publications as well as public knowledge and use. Any other interpretation of pre-AIA 35 U.S.C. 102(a) "would negate the one year [grace] period afforded under § 102(b)." In re Katz, 687 F.2d 450, 215 USPQ 14 (CCPA 1982).IV."PATENTED IN THIS OR A FOREIGN COUNTRY"
See MPEP § 2126 for information on the use of secret patents as prior art.
2132.01 Publications as Pre-AIA 35 U.S.C. 102(a) Prior Art [R-11.2013]
[Editor Note: This MPEP section is not applicable to applications subject to examination under the first inventor to file (FITF) provisions of the AIA as set forth in 35 U.S.C. 100 (note). See MPEP § 2159 et seq. to determine whether an application is subject to examination under the FITF provisions, and MPEP § 2150 et seq. for examination of applications subject to those provisions. See MPEP § 2152 et seq. for a detailed discussion of AIA 35 U.S.C. 102(a) and (b).]I.Pre-AIA 35 U.S.C. 102(a) PRIMA FACIE CASE IS ESTABLISHED IF REFERENCE PUBLICATION IS "BY OTHERS"
A prima facie case is made out under pre-AIA 35 U.S.C. 102(a) if, within 1 year of the filing date, the invention, or an obvious variant thereof, is described in a "printed publication" whose authorship differs in any way from the inventive entity unless it is stated within the publication itself that the publication is describing the applicant's work. In re Katz, 687 F.2d 450, 215 USPQ 14 (CCPA 1982). See MPEP § 2128 for case law on what constitutes a "printed publication." Note that when the reference is a U.S. patent published within the year prior to the application filing date, a pre-AIA 35 U.S.C. 102(e) rejection should be made. See MPEP § 2136 - § 2136.05 for case law dealing with pre-AIA 35 U.S.C. 102(e).II.APPLICANT CAN REBUT PRIMA FACIE CASE BY SHOWING REFERENCE'S DISCLOSURE WAS DERIVED FROM APPLICANT'S OWN WORK
Applicant's disclosure of his or her own work within the year before the application filing date cannot be used against him or her under pre-AIA 35 U.S.C. 102(a). In re Katz, 687 F.2d 450, 215 USPQ 14 (CCPA 1982) (discussed below). Therefore, where the applicant is one of the co-authors of a publication cited against his or her application, the publication may be removed as a reference by the filing of affidavits made out by the other authors establishing that the relevant portions of the publication originated with, or were obtained from, applicant. Such affidavits are called disclaiming affidavits. Ex parte Hirschler, 110 USPQ 384 (Bd. App. 1952). The rejection can also be overcome by submission of a specific declaration by the applicant establishing that the article is describing applicant's own work. In re Katz, 687 F.2d 450, 215 USPQ 14 (CCPA 1982). However, if there is evidence that the co-author has refused to disclaim inventorship and believes himself or herself to be an inventor, applicant's affidavit will not be enough to establish that applicant is the sole inventor and the rejection will stand. Ex parte Kroger, 219 USPQ 370 (Bd. Pat. App. & Int. 1982) (discussed below). It is also possible to overcome the rejection by adding the coauthors as inventors to the application if the requirements of 35 U.S.C. 116, third paragraph are met. In reSearles, 422 F.2d 431, 164 USPQ 623 (CCPA 1970).
In In re Katz, 687 F.2d 450, 215 USPQ 14 (CCPA 1982), Katz stated in a declaration that the coauthors of the publication, Chiorazzi and Eshhar, "were students working under the direction and supervision of the inventor, Dr. David H. Katz." The court held that this declaration, in combination with the fact that the publication was a research paper, was enough to establish Katz as the sole inventor and that the work described in the publication was his own. In research papers, students involved only with assay and testing are normally listed as coauthors but are not considered co-inventors.
In Ex parte Kroger, 219 USPQ 370 (Bd. Pat. App. & Inter. 1982), Kroger, Knaster and others were listed as authors on an article on photovoltaic power generation. The article was used to reject the claims of an application listing Kroger and Rod as inventors. Kroger and Rod submitted affidavits declaring themselves to be the inventors. The affidavits also stated that Knaster merely carried out assignments and worked under the supervision and direction of Kroger. The Board stated that if this were the only evidence in the case, it would be established, under In re Katz, that Kroger and Rod were the only inventors. However, in this case, there was evidence that Knaster had refused to sign an affidavit disclaiming inventorship and Knaster had introduced evidence into the case in the form of a letter to the PTO in which he alleged that he was a co-inventor. The Board held that the evidence had not been fully developed enough to overcome the rejection. Note that the rejection had been made under pre-AIA 35 U.S.C. 102(f) but the Board treated the issue the same as if it had arisen under pre-AIA 35 U.S.C. 102(a). See also case law dealing with overcoming pre-AIA 35 U.S.C. 102(e) rejections as presented in MPEP § 2136.05. Many of the issues are the same.III.A 37 CFR 1.131 AFFIDAVIT CAN BE USED TO OVERCOME A Pre-AIA 35 U.S.C. 102(a) REJECTION
When the reference is not a statutory bar under pre-AIA 35 U.S.C. 102(b), (c), or (d), applicant can overcome the rejection by swearing back of the reference through the submission of an affidavit under 37 CFR 1.131. In re Foster, 343 F.2d 980, 145 USPQ 166 (CCPA 1965). If the reference is disclosing applicant's own work as derived from him or her, applicant may submit either a 37 CFR 1.131 affidavit to antedate the reference or a 37 CFR 1.132 affidavit to show derivation of the reference subject matter from applicant and invention by applicant. In re Facius, 408 F.2d 1396, 161 USPQ 294 (CCPA 1969). See MPEP § 715 for more information on when an affidavit under 37 CFR 1.131 can be used to overcome a reference and what evidence is required.


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This week, right-wing Dutch lawmaker Geert Wilders asked the Dutch government to apologize for the WWII era government's behavior towards Jews and their deportation to Nazi death camps in Germany and Poland.
Wilders' request comes on the heels of book written by Manfred Gerstenfeld, a Jew who hid from the Nazis in Amsterdam. Gerstenfeld's book, entitled "Judging the Netherlands", was published in October 2010 and largely condemns the Dutch government for not protecting the nearly 140,000 Jews who lived in the Netherlands and were murdered in Nazi death camps. The written request to Prime Minister Mark Rutte said that "The least appropriate thing to do is an apology offered by the government.
In an interview aired this week, Wilders said his request for a formal apology came in the wake of reading Gerstenfeld's book. In the book, several ministers admitted to the fact that Jews were mistreated and should be compensated. In addition, former Health Minister Els Borst said the government would have done more if the Nazis were deporting Christians. Former Finance Minister Gerrit Zalm said he would publicly support a national apology if a Jewish umbrella organization were to raise the issue.
Previous requests for apologies for the treatment of Jews largely went unheeded until the 1990s as most people assumed that the Dutch populace protected the Jews similar to how the Danish behaved when occupied by Nazi Germany. That assumption was due to the Anne Frank diary.
However, in the 1990s, reports emerged that the Dutch populace together with banks and the government had in fact profited from selling the property of Jews who were deported and murdered. Consequently, Borst negotiated a deal with the Jewish community to repay $180 million dollars to Dutch Jews and their descendants. At the time, the government declared regret over post-war treatment, but not treatment during the war itself.
Wilders is known for his strong pro-Israel and anti-Islam views and as such his stance on the Holocaust is unsurprising.The Dutch government has not discussed the issue although the government spokesperson, Chris Breedveld, said the government would consider the request. The Dutch Jewish Community has stated that it has not officially called for an apology but would welcome one.


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Just heard that the forecasters are talking possibility of Fay stalling on or just off the coast of Florida for possibly even 2-3 days?
Any thoughts on this Swellinfo?
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possible stall by fay?
Aug 20, 2008, 02:39 PM #2
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Check out the forecast model predictions:
To view the forecast models on any tropical system, click on the drop down menu on the top right and choose forecast models.
Also, I always take a look at the NHC forecaster discussion, which is under the top left (text) drop down menu.


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Genre: Outdoors
Premise: Host and outdoor enthusiast Taylor Wright is a Southeastern Ontario native and an active participant in one of Canada's oldest traditions: hunting. His love of the outdoors began at a very early age, and now he is traveling across Canada with his crew in ``The Canadian Tradition,'' searching for a variety of game animals. Their hunting methods and weaponry vary with the terrain and game, be it duck, antelope, deer or bear, and oftentimes guests or family members join the excursions. With his experience and youthful exuberance, Wright is able to provide viewers with new insight into the sport.