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 The entrance to the Pebble Creek Campground.The Pebble Creek Campground offers 27 sites near the namesake creek. NPS / Jacob W. Frank

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#### Louis B. Dailey, Respondent, v. Ralco Construction Corp., Appellant.

Motion for leave to appeal to the Court of Appeals denied. Present — Lewis, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See *ante,*p. 775.]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [FEMA-1560-DR]

# AGENCY:

Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Georgia (FEMA-1560-DR), dated September 24, 2004, and related determinations.

# DATES:

Effective Date: October 8, 2004.

# FOR FURTHER INFORMATION CONTACT:

Magda Ruiz, Recovery Division, Federal Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Georgia is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of September 24, 2004:

The county of Pierce for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis Counseling; 97.033, Disaster Legal Services Program; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance; 97.048, Individuals and Households Housing; 97.049, Individuals and Households Disaster Housing Operations; 97.050, Individuals and Households Program—Other Needs; 97.036, Public Assistance Grants; 97.039, Hazard Mitigation Grant Program)

Michael D. Brown,

Under Secretary, Emergency Preparedness and Response, Department of Homeland Security.

[FR Doc. 04-23328 Filed 10-18-04; 8:45 am]

BILLING CODE 9110-10-P
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D18-350

_____________________________

GREGORY BRADHAM,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

James C. Hankinson, Judge.

March 1, 2019

PER CURIAM.

AFFIRMED.

ROWE, BILBREY, and WINSOR, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and M. J. Lord, Assistant Public 

Defender, Tallahassee, for Appellant.

Ashley B. Moody, Attorney General, and Quentin Humphrey, 

Assistant Attorney General, Tallahassee, for Appellee.
Exhibit 32.1 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. §1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report of Diametrics Medical, Inc. (the “Company”) on Form 10-QSB for thequarter ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Heng Chuk, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that: 

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

2. The information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of the Company. 

 

A signed original of the written statement required by Section 906 has been provided to the Company andwill be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
#### Anthony Duffy v. George W. Linch, as Receiver, etc.

Motion denied, with ten dollars costs. Present—Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
#### The Sacred Heart Roman Catholic Church, Appellant, v. Frederick Vedder and Others, Respondents.

Motion granted.
U.S. NUCLEAR REGULATORY COMMISSION

Region III Office of Public Affairs

801 Warrenville Road, Lisle, IL 60532-4351

NEWS ANNOUNCEMENT: RIII-99-40 July 13, 1999

CONTACT: Jan Strasma 630/829-9663

Angela Greenman 630/829-9662

E-mail: opa3@nrc.gov

NRC STAFF PROPOSES $5,500 FINE AGAINST TESTING ENGINEERS

& CONSULTANTS, INC. FOR VIOLATIONS OF NRC SAFETY REQUIREMENTS

The Nuclear Regulatory Commission staff has proposed a $5,500 fine against Testing

Engineers & Consultants, Inc., Troy, Michigan, for failing to keep a nuclear gauge under

constant surveillance and for providing NRC inspectors with inaccurate information.

In July of last year, an NRC inspector observed one of the company’s moisture density

gauges unattended and unlocked for approximately ten minutes at a construction site in

Saginaw, Michigan. The gauge operator had left the area to retrieve other equipment. The

NRC requires that nuclear gauges that are in an unrestricted area be under constant

surveillance by the operator or placed in a secured location.

Testing Engineers & Consultants is licensed by the NRC to use portable gauges

containing encapsulated radioactive material for measuring moisture and density in soil and

construction material at temporary job sites.

When questioned by NRC inspectors, the company’s gauge operator failed to provide

accurate information regarding where the gauge was stored during off-duty hours. The

operator informed NRC inspectors that the gauge was returned to the company’s office at the

end of each work day. However, during a subsequent NRC investigation, it was revealed that

the gauge was actually stored at the operator’s residence each evening.

In notifying the company of the proposed fine, James E. Dyer, NRC Regional

Administrator, said: “Although there were no actual safety consequences as a result of these

violations, willful failures to comply with NRC requirements are of a significant concern to NRC.”

He continued, “It is essential that the NRC be able to maintain the highest trust and

confidence that licensees and their employees will act with integrity and abide by requirements

designed to protect public health and safety.”

Testing Engineers and Consultants has until August 7 to respond to the proposed fine,

either paying it or protesting it. If the fine is subsequently imposed by the NRC staff, the

company may request a hearing.

The NRC staff also issued a Notice of Violation to the company’s gauge operator

Bradley Sherwin. No fine is proposed. He also has until August 7 to respond.
###
### §§64a to 64o. Repealed. Aug. 27, 1935, ch. 740, title II, §202(a), 49 Stat. 877

Section 64a, act Mar. 22, 1933, ch. 4, §3, 48 Stat. 17, related to manufacture, sale, and transfer of beer, ale, porter, etc., of not more than 3.2 per centum of alcohol.

Section 64b, act Mar. 22, 1933, ch. 4, §3(c), 48 Stat. 17, related to use of mails for advertisements of beer, ale, porter, etc., of not more than 3.2 per centum of alcohol.

Section 64c, act Mar. 22, 1933, ch. 4, §4, 48 Stat. 17, related to permits to manufacture for sale beer, ale, porter, etc., of not more than 3.2 per centum of alcohol.

Section 64d, act Mar. 22, 1933, ch. 4, §4(b), 48 Stat. 18, related to development of beer, ale, porter, etc., of an alcoholic content in excess of that specified in permit with a proviso that such content will subsequently be reduced to prescribed limit.

Section 64e, act Mar. 22, 1933, ch. 4, §4(b)(2), 48 Stat. 18, related to exemption from taxation of fortified wines when used for production of nonbeverage alcohol.

Section 64f, act Mar. 22, 1933, ch. 4, §4(b)(4), 48 Stat. 18, related to burden of proof as to alcoholic content of beer, ale, porter, etc.

Section 64g, act Mar. 22, 1933, ch. 4, §4(c), 48 Stat. 18, related to penalties for unlawful manufacture or sale of beer, ale, porter, etc., under this chapter.

Section 64h, act Mar. 22, 1933, ch. 4, §4(d), 48 Stat. 19, related to geographical applications of sections 64c to 64g of this title.

Section 64i, act Mar. 22, 1933, ch. 4, §5, 48 Stat. 19, related to requirement that at time of sale any beer, ale, porter, etc., manufactured under this chapter must contain no more than 3.2 per centum of alcohol.

Section 64j, act Mar. 22, 1933, ch. 4, §6, 48 Stat. 19, related to prohibition of shipment of beer, ale, porter, etc., of an alcoholic content of 3.2 per centum into dry States.

Section 64k, act Mar. 22, 1933, ch. 4, §7, 48 Stat. 19, related to penalties for violation of prohibition of shipment of beer, ale, porter, etc., into dry States.

Section 64l, act Mar. 22, 1933, ch. 4, §8, 48 Stat. 19, related to penalties and forfeitures incurred prior to effective date of chapter.

Section 64m, act Mar. 22, 1933, ch. 4, §1(c), 48 Stat. 16, related to effect of chapter on existing legislation with respect to internal revenue laws.

Section 64n, act Mar. 22, 1933, ch. 4, §9, 48 Stat. 19, related to effective date of chapter.

Section 64o, act Mar. 22, 1933, ch. 4, §10, 48 Stat. 20, provided for a savings clause for provisions of chapter.
This opinion is subject to administrative correction before final disposition.

Before 

GASTON, STARITA, and MYERS

Appellate Military Judges

_________________________

UNITED STATES

Appellee

v.

Julio C. RODRIGUEZ-VAZQUEZ

Fireman (E-3), U.S. Navy

Appellant

No. 202100243

_________________________

Decided: 26 January 2022

Appeal from the United States Navy-Marine Corps Trial Judiciary 

Military Judge: 

Jonathan T. Stevens

Sentence adjudged 27 May 2021 by a special court-martial convened at 

Naval Submarine Base New London, Connecticut, consisting of a military judge sitting alone. Sentence in the Entry of Judgment: reduction 

to E-1, confinement for 8 months, and a bad-conduct discharge.

For Appellant: 

Lieutenant Commander W. Scott Stoebner, JAGC, USN

_________________________

This opinion does not serve as binding precedent under 

NMCCA Rule of Appellate Procedure 30.2(a).

_________________________
United States v. Rodriguez-Vazquez, NMCCA No. 202100243

Opinion of the Court

2

PER CURIAM:

After careful consideration of the record, submitted without assignment of 

error, we have determined that the findings and sentence are correct in law 

and fact and that no error materially prejudicial to Appellant’s substantial 

rights occurred.1

The findings and sentence are AFFIRMED.

FOR THE COURT:

RODGER A. DREW, JR.

Clerk of Court

 

1 Articles 59 & 66, Uniform Code of Military Justice, 10 U.S.C. §§ 859, 866.
Exhibit 32.1





CERTIFICATION PURSUANT TO 18. U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the quarterly report of E Med Future, Inc. (the Company) on Form 10-QSB for the period ending June 30, 2003
(the Report) filed with the Securities and Exchange Commission on the date hereof, the undersigned, being the Chief Executive Officer and the Executive Vice President (principal financial officer), respectively, of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) |  | The Report fully complies with the requirements of § 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                     
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------
|    | 
|(2) |  | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.







|Date: August 13, 2003 |  | /S/    ROBERT J. OCHSENDORF          
|--------------------- |  | -------------------------------------
|                      |  | Robert J. Ochsendorf                 
|                      |  | PRESIDENT AND CHIEF EXECUTIVE OFFICER
|                      | 
|Date: August 13, 2003 |  | /S/    D. DANE DONOHUE               
|                      |  | D. Dane Donohue                      
|                      |  | EXECUTIVE VICE PRESIDENT             
|                      |  | (principal financial officer)
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Interpretation - RG 1.33, Meaning of "Procedure Implementation ...," STS Section 6.8.1

## HPPOS-128 PDR-9111210336

See the Interpretive Guide in the IE Manual on Regulatory Guide 1.33 dated April 1, 1977.

Technical Specifications Section 6.8.1 states that written procedures shall be established, implemented, and maintained for activities listed in Appendix A of RG 1.33. "Implementation" means the actions prescribed by the procedures must be accomplished.

Region V had reviewed the TS requirements for the Radiation Protection Program at Humboldt Bay. While the Region recognized that the requirements were unartfully drafted and that other TS and STS requirements use the words "prepared, maintained, and adhered to", Region V thought that the appropriate interpretation of the word "maintained", in the context of the TS requirements, was that procedures not only be kept up-to-date but that they be followed. Given the age of Humboldt Bay, these procedures were probably among the first written; well before the more precise language of the STS were developed.

In summary, Region V thought a broader interpretation of the word "maintain" included "adherence to" and that this interpretation is consistent with the intent of the TS requirements that licensees have a radiation protection program to meet 10 CFR Part 20. The Administration Control Section of STS Section 6.8.1 states that written procedures shall be established, implemented, and maintained for activities that include applicable procedures recommended in Appendix A of RG 1.33. NRR and IE interpret the term "implemented," as used in Section 6.8.1, to mean "adhered to." It is interesting to note that ANSI N19.7-1976, Section 5.2.2, "Procedure Adherence," states that procedures shall be followed and that the requirements for use of procedures shall be prescribed in writing. Hence, the term "adhered to" means that the actions prescribed by the procedure must be accomplished, it does not mean that the operator, technician, or engineer must have a copy of the procedure in hand and sign off each step as the function is performed.

**Regulatory references**: Regulatory Guide 1.33, Technical Specifications

**Subject codes:** 1.7

**Applicability:** Reactors

Page Last Reviewed/Updated Monday, October 16, 2017
United States Nuclear Regulatory Commission

Office of Public Affairs

Washington, DC 20555

Phone 301-415-8200 Fax 301-415-2234

Internet:opa@nrc.gov

No. 99-148 FOR IMMEDIATE RELEASE

(Friday, July 16, 1999)

NRC TO REQUIRE NUCLEAR POWER PLANTS TO ASSESS AND MANAGE

INCREASES IN PLANT RISK BEFORE PERFORMING MAINTENANCE

The Nuclear Regulatory Commission is revising its Maintenance Rule to require that

nuclear power plant licensees assess and manage the potential increase in risk that could

result from proposed maintenance activities. At present, the rule says that licensees “should”

perform such an assessment, but does not require it.

NRC took public comments on the proposed rule change last year and incorporated

them in the final rule to be published in an upcoming edition of the Federal Register. The rule is

scheduled to become effective 120 days following issuance of Revision 3 to Regulatory Guide

1.160, “Monitoring the Effectiveness of Maintenance at Nuclear Power Plants.” Revision 3 to

the Regulatory Guide is scheduled to be issued early next year.

NRC has long been concerned about a trend in the nuclear power industry to take key

equipment out of service for maintenance while a plant is operating, without a thorough risk

evaluation. Published NRC reports on 68 inspections conducted since the Maintenance Rule

was first adopted in 1991 show that all nuclear power plant licensees have programs in place

requiring a review of the risk impact on the plant before equipment is taken out of service for

maintenance. But at seven sites, licensees had not performed such assessments, and at 35

others, assessment weaknesses were found.

The present rulemaking results from a directive given the NRC staff by the Commission

after it was informed in 1997 that the Maintenance Rule language on safety assessments is

permissive, rather than mandatory. Also at the Commission’s direction, the amendment

specifies that the Maintenance Rule applies during all conditions of plant operations, including

shutdowns, and that assessments are to be performed for all maintenance activities.

###
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#### In the Matter of the Application of Joseph Soriano.

Motion to dismiss appeal denied, on condition that appellant perfect his appeal, place the case on the calendar for the third Monday in June, 1914, and be ready for argument when reached; otherwise, motion granted. Present—Jenks, P. J., Burr, Carr, Stapleton and Putnam, JJ.
**Joint Committee on 	Taxation							May 14, 1998	JCX-37-98**

**ERRATA**
**"DESCRIPTION OF PRESENT LAW AND PROPOSALSRELATING TO TOBACCO TAX AND TRUST FUNDAND OTHER PROVISIONS"**

	1.  On page 15, the word "generally" should be inserted into the last sentence of theparagraph that begins at the bottom of page 14 and ends at the top of page 15 before the words"would be available".

	2.  On page 15, the first full paragraph should read as follows:

Amounts in the Tobacco Trust Fund generally would be available forexpenditure for the programmatic purposes established in S. 1415, as reported bythe Commerce Committee.  A separate account, the State Share Account, wouldbe established in the Tobacco Trust Fund to administer distribution of Trust Fundmonies to States.  The State Share Account would receive revenues equal to 30percent of the total net revenues produced by the tobacco tax increases during thefive calendar years, 1999 through 2003.  In calendar year 2004 and thereafter, thispercentage would increase to 45 percent.  These revenues would not be availableto finance any other Trust Fund expenditures.  States would be eligible forpayments from the State Share Account and the Tobacco Trust Fund generallyonly if they waived their rights to any State settlements with tobaccomanufacturers or importers.

	3.  On page 15, footnote 9 should read as follows:

	As reported by the Commerce Committee, S.1415 provides that spendingfor certain programs is to be direct spending.  This provision in the FinanceCommittee amendment supersedes those direct spending provisions (except  withrespect to the provisions for payments to tobacco farmers).