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# Elements of an Approach to Performance-Based Regulatory Oversight (NUREG/CR-5392, SCIE-NRC-373-98)

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        - Publication Information
        - Abstract

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        - NUREG/CR-5392 (PDF - 16.7 MB)

## Publication Information

**Manuscript Completed:**December 1998**Date Published:**January 1999

**Prepared by:** R.W. Youngblood, R.N.M. Hunt, E.R. Schmidt J. Bolin, F. Dombek, D. Prochnow 

Argonne National Laboratory SCIENTECH, Inc. 11140 Rockville Pike Rockville, MD 20852

N.P. Kadambi, NRC Project Manager

**Prepared for:**Division of Regulatory Applications Office of Nuclear Regulatory Research U.S. Nuclear Regulatory Commission ****Washington, DC 20555-0001 

NRC Job Code J6040 

Availability Notice (available in paper and CD)

## Abstract

This report discusses an approach to performance-based regulatory oversight. One key issue in developing a performance-based approach is choosing a collection of performance measures that is highly results-oriented, and will support the capability to detect and act upon emerging performance problems before they lead to adverse consequences. A related issue is the role of institutional factors, and how to reflect institutional factors in a results-oriented, performance-based approach. These issues are explored through discussion of examples. Based on these discussions, an approach is recommended. The approach entails (1) careful formulation of a safety case, which shows what the challenges are to plant safety and what the plant capability is for responding to those challenges, (2) allocation of performance goals over elements of the safety case, (3) formulation of a "diamond tree," which is an integrated, hierarchical presentation of hardware, human, and institutional performance areas that indicates how institutional performance supports the safety case, and (4) application of the diamond tree to select a set of performance measures that is as results-oriented as possible, given the levels and kinds of performance needed in order to support the safety case, and the need to respond to emergent problems before adverse consequences develop.

Page Last Reviewed/Updated Wednesday, March 24, 2021
IN THE SUPREME COURT OFTHE STATE OF MONTANA No. DA 20 - 0 558 RYAN PATRICK SULLIVAN ,

Petitioner and Appellant , v. STATE OF MONTANA ,

Respondent and Appellee .

**ORDER** Upon consideration of Appellee’s late - filed motion for a 45 - day extension of time, and good cause appearing therefor, IT IS HEREBY ORDERED that Appellee is granted an extension of time to and including April 18 , 202 1 , within whic h to prepare, serve, and file its response brief.

**TKP** Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

March 24 2021

03/24/2021

Case Number: DA 20-0558
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 Defense

###### Office of the Secretary

# AGENCY:

Department of Defense, DoD.

# ACTION:

Notice of Advisory Committee Meeting. 

# SUMMARY:

The Defense Business Board (DBB) will meet in open session on Wednesday, November 17, 2004, at the Pentagon, Washington, DC from 1000 until 1145. The mission of the DBB is to advise the Senior Executive Council (SEC) and the Secretary of Defense on effective strategies for implementation of best business practices of interest to the Department of Defense. At this meeting, the Board's Acquisition, Human Resources, and Financial Management related task groups will deliberate on their preliminary findings and recommendations related to tasks assigned earlier this year.

# DATES:

Wednesday, November 17, 2004, 1000 to 1145 hrs.

# FOR FURTHER INFORMATION CONTACT:

Members of the public who wish to attend the meeting must contact the Defense Business Board no later than Wednesday, November 10th for further information about admission as seating is limited. Additionally, those who wish to make oral comments or deliver written comments should also request to be scheduled, and submit a written text of the comments by Wednesday, November 10th to allow time for distribution to the Board members prior to the meeting. Individual oral comments will be limited to five minutes, with the total oral comment period not exceeding thirty  minutes.

                        The DBB may be contacted at: Defense Business Board, 1100 Defense Pentagon, room 2E314, Washington, DC 20301-1100, via e-mail at                         *DBB@osd.pentagon.mil,*                         or via phone at (703) 614-8586.                    

Jeannette Owings-Ballard,

OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 04-23675 Filed 10-21-04; 8:45 am]

BILLING CODE 5001-06-M
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-13-00628-CR

EX PARTE Nelson Leon KING

From the 175th Judicial District Court, Bexar County, Texas

Trial Court No. 2012CR9642

Honorable Mary D. Roman, Judge Presiding

BEFORE JUSTICE BARNARD, JUSTICE MARTINEZ, AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the judgment of the trial court is 

AFFIRMED. Counsel’s motion to withdraw is GRANTED. 

SIGNED January 8, 2014.

_____________________________

Rebeca C. Martinez, Justice
IN THE SUPREME COURT OF THE STATE OF MONTANA

Supreme Court Cause No. DA 22-0659

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

MICHAEL JOE PAINTER,

 Defendant and Appellant.

ORDER FOR EXTENSION OF TIME

Upon consideration of Appellant’s first motion for extension of time to 

file his opening brief, and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension of 

time to and including March 4, 2023 within which to file his opening brief.

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

January 31 2023

01/31/2023

Case Number: DA 22-0659
#### §§ 1207.104-1207.109 [Reserved]
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION IV

 611 Ryan Plaza Drive - Suite 400

 Arlington TX 76011-8064

No. IV-02-041 September 26, 2002

CONTACT: Ken Clark E-mail: opa4@nrc.gov

Phone: 817-860-8128

NRC SENDS AUGMENTED INSPECTION TEAM TO REVIEW CIRCUMSTANCES

RELATED TO RADIATION EXPOSURES AT TEXAS FIRM’S JOB SITE IN MONTANA 

 The Nuclear Regulatory Commission’s Region IV office in Arlington, Texas, is looking into

circumstances associated with an apparent radiation over-exposure of 31 workers at a Texas

company’s temporary well drilling site near Havre, Montana, in May of this year.

 NRC officials said the radiation safety officer for Schlumberger Technology Corporation of Sugar

Land, Texas, notified the agency on May 23 of the temporary loss of control of a radioactive well

logging source containing 1.2 curies of Cesium-137. The company reported that a logging engineer

failed to properly transfer the radioactive source from the well logging tool to its shielded

transportation container following well logging operations at the Montana site on May 21. The source

apparently fell from a handling tool onto the drilling rig floor where it remained unshielded until

recovered by the company, some 48 hours later, on the evening of May 23. During that time, the

portable rig was dismantled, moved to another drill site some five miles away, and reassembled.

 Radioactive well logging sources are used by drilling companies to measure the properties of rock

and other materials where a well is being dug to help determine the presence of water, gas or oil.

 On August 30 the NRC was provided the results of tests which indicated that one of the exposed

individuals may have received a higher exposure than originally estimated. 

 The NRC Region IV office conducted a special reactive inspection on May 25 and 26 and upgraded

it to a special Augmented Inspection Team upon receipt of information on August 30 that the potential

existed for several drill rig crew members to have received exposures greater than previously

estimated. The AIT is reviewing the circumstances associated with the cause of the source being

unshielded and unsecured. 

###
## Record of Contacts

**F DMS Docket**  **No. FAA -**  **2011 -**  **0992 Contacts**  . With whom outside the FAA has this proposal been discussed ? **Organization Person Contacted**  **Date Response**  **Transport Canada Derek Ferguson**  **5/25/2011 No Objections**  **Transport Canada Derek Ferguso**  **n 5/25/2011**  **No Objections Bombardier**  **Aerospace Kety Bussolo**  **5/25/2011 No Objections**
**Exhibit 32.1**

** **

**Certification of Chief Executive Officer**

** **

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of Conceptus, Inc., aDelaware corporation (the “Company”) hereby certifies, to such officer’sknowledge, that:

 

(i)                                    theaccompanying Quarterly Report on Form 10-Q of the Company for the threemonths ended September 30, 2008 (the “Report”) fully complies withthe requirements of Section 13(a) or Section 15(d), asapplicable, of the Securities Exchange Act of 1934, as amended; and

 

(ii)                                 theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

Date: November 7, 2008

 
| /s/ Mark M. Sieczkarek  |   |
|-------------------------|--------|
| Mark M. Sieczkarek      |
| Chief Executive Officer |

 

----
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.
 Small Business Administration [Declaration of Disaster #3640]
 Cocke and Rhea Counties and the contiguous counties of Bledsoe, Cumberland, Greene, Hamblin, Hamilton, Jefferson, Meigs, Roane, and Sevier in the State of Tennessee; and Haywood, Madison, and Swain Counties, North Carolina constitute a disaster area as a result of heavy rains associated with Hurricane Ivan on September 16-20, 2004. Applications for loans for physical damage as a result of this disaster may be filed until the close of business on December 14, 2004 and for economic injury until the close of business on July 15, 2005 at the address listed below or other locally announced locations: U.S. Small Business Administration, Disaster Area 2 Office, One Baltimore Place, Suite 300, Atlanta, GA 30308. The interest rates are: PercentFor Physical Damage:Homeowners With Credit Available Elsewhere
6.375Homeowners Without Credit Available Elsewhere
3.187Businesses With Credit Available Elsewhere
5.800Businesses and Non-Profit Organizations Without Credit Available Elsewhere
2.900Others (Including Non-Profit Organizations) With Credit Available Elsewhere
4.875For Economic Injury:Businesses and Small Agricultural Cooperatives Without Credit Available Elsewhere
2.900
 The number assigned to this disaster for physical damage is 364008 for Tennessee and 364108 for North Carolina. The number assigned to this disaster for economic injury damage is 9AF200 for Tennessee and 9AF300 for North Carolina. (Catalog of Federal Domestic Assistance Program Nos. 59002 and 59008.) Dated: October 15, 2004. Hector V. Barreto, Administrator.


[FR Doc. 04-23630 Filed 10-21-04; 8:45 am] BILLING CODE 8025-01-P
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

IN RE INVENTOR HOLDINGS, LLC,

______________________ 

2014-1363

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in Reexamination 

No. 90/009,918.

______________________ 

JUDGMENT

______________________ 

TAREK N. FAHMI, Ascenda Law Group, PC, of San Jose, California, argued for appellant. 

COKE MORGAN STEWART, Associate Solicitor, United 

States Patent and Trademark Office, of Alexandria, 

Virginia, argued for appellee. With her on the brief were 

NATHAN K. KELLEY, Solicitor, and JEREMIAH S. HELM,

Associate Solicitor.

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 
 

 PER CURIAM (O’MALLEY, CLEVENGER, and BRYSON,

Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

 December 4, 2014 /s/ Daniel E. O’Toole 

 Date Daniel E. O’Toole 

 Clerk of Court
J. Parker Erkmann

T: +1 202 776 2036

perkmann@cooley.com

VIA REGULATIONS.GOV & EMAIL

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

April 22, 2015

Mr. Paul L. Gretch

Director, Office of International Aviation

Department of Transportation

1200 New Jersey Ave., SE

Room W86-3163

Washington, DC 20591

Re: DOT-OST-2013-0103 – Notice of Additional Codeshare for JetBlue and Emirates

Dear Mr. Gretch:

JetBlue Airways Corporation (“JetBlue”) and Emirates hereby give 30 days’ notice of 

their intent to display JetBlue’s B6* designator code on Emirates-operated flights to and from an 

additional city pair, as required under the Notice of Action Taken approving the blanket 

statement of authorization granted on July 24, 2013 in the above-referenced docket. The new 

city pair is listed below:

MCO-DXB

The carriers plan to implement this new service on or about September 1, 2015. Please 

feel free to contact me should you have any questions.

Sincerely,

J. Parker Erkmann

Counsel for JetBlue Airways Corporation

cc: Charles Donley, Counsel for Emirates

Service List
April 22, 2015

Page Two

1299 PENNSYLVANIA AVENUE, NW, SUITE 700, WASHINGTON, DC 20004-2400 T: (202) 842-7800 F: (202) 842-7899 WWW.COOLEY.COM

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing 30-Day Notice Regarding Additional 

Codesharing Point was served this 22nd day of April, 2015 via email transmission on the 

following:

david.heffernan@cozen.com

Jeremy.Ross@alaskaair.com

abigail.donovan@aa.com

howard.kass@aa.com

robert.wirick@aa.com

sascha.vanderbellen@delta.com

chris.walker@delta.com

dan.weiss@united.com

Thomas.bolling@united.com

steve.morrissey@united.com

gmurphy@crowell.com

nssparks@fedex.com

anbird@fedex.com

matwood@cozen.com

slachter@cozen.com

jcanny@amerijet.com

jrichardson@johnlrichardson.com

kevin.montgomery@polaraircargo.com

anita.mosner@hklaw.com

rpommer@atlasair.com

mlbenge@zsrlaw.com

ben.taylor@dot.gov

brett.kruger@dot.gov

brian.hedberg@dot.gov

robert.finamore@dot.gov

john.s.duncan@faa.gov

englets@state.gov

cristinasa@state.gov

William.stallings@usdoj.gov

info@airlineinfo.com

Erin Combs
§ 1600.23 Catch-up contributions. ( a ) A participant may make traditional catch-up contributions or Roth catch-up contributions from basic pay at any time during the calendar year if he or she: ( 1 ) Is at least age 50 by the end of the calendar year;
( 2 ) Is making employee contributions at a rate that will result in the participant making the maximum employee contributions permitted under § 1600.22; and
( 3 ) Does not exceed the annual limit on catch-up contributions contained in section 414(v) the Internal Revenue Code.
( b ) [Reserved]
( c ) A participant may make traditional catch-up contributions and Roth catch-up contributions during the same year, but the combined total amount of catch-up contributions of both types cannot exceed the applicable Internal Revenue Code catch-up contribution limit for the year.
( d ) A participant who has both a civilian account and a uniformed services account may make catch-up contributions to both accounts, but the combined total amount of catch-up contributions to both accounts cannot exceed the Internal Revenue Code catch-up contribution limit for the year.
( e ) A participant cannot make catch-up contributions to his or her traditional balance from pay which is exempt from taxation under 26 U.S.C. 112.
( f ) A participant may make catch-up contributions to his or her Roth balance from pay which is exempt from taxation under 26 U.S.C. 112.
( g ) A participant cannot make catch-up contributions from special or incentive pay (including bonus pay).
( h ) [Reserved]
[77 FR 26423, May 4, 2012, as amended at 85 FR 72964, Nov. 16, 2020 ]
§ 1601.33 Acknowledgment of risk. ( a ) Uniformed services participants who first entered service prior to January 1, 2018, and who have not elected to be covered by BRS and civilian participants who enrolled prior to September 5, 2015, must execute an acknowledgement of risk in order to invest in a TSP core fund other than the G Fund. If a required acknowledgment of risk has not been executed, no transactions involving the fund(s) for which the acknowledgment is required will be accepted.
( b ) The acknowledgment of risk may be executed in association with an investment election, a fund reallocation, or a fund transfer in the form and manner prescribed by the TSP record keeper.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 OFFICE OF PUBLIC AFFAIRS, REGION IV

 611 Ryan Plaza Drive - Suite 400

 Arlington TX 76011-8064

No. IV-01-050 November 21, 2001

CONTACT: Breck Henderson 

Phone: 817-860-8128

Cellular: 817-917-1227

e-mail: bwh@nrc.gov

NRC TO HOLD REGULATORY CONFERENCE 

WITH ENERGY NORTHWEST

The U.S. Nuclear Regulatory Commission staff will hold a regulatory conference with officials

of Energy Northwest, operator of the Columbia Generating Station nuclear power plant near Richland,

Wash., on Monday, November 26. Conferees will discuss a ìyellowî inspection finding involving

Energy Northwestís emergency preparedness plan.

The meeting, which is open to public observation, will begin at 8:30 a.m. in NRC Region IV

offices in Arlington, Texas. NRC officials will be available after the meeting to answer questions.

The NRC will discuss with Energy Northwest an inspection finding with a preliminary

determination of ìyellow,î meaning it may have substantial safety significance. The finding was

identified in an inspection from July 23 to September 24 and involves the apparent failure to include

several private businesses operating on the property at Columbia Generating Station in site emergency

plans. This oversight could have prevented people working at these businesses from being notified

promptly, included in protective actions or provided with radiological monitoring in the event of a

plant accident releasing radioactive material. The inspection finding also may be a violation of NRC

safety requirements.

The NRC evaluates regulatory performance at commercial nuclear power plants with a color

coded significance determination process which classifies regulatory findings as being in one of four

color categories: green, white, yellow, or red in increasing order of regulatory safety significance.

###
SunTrust Mortgage, Inc.
Post Office Box 105621
Atlanta, GA 30348
Tel 1-800-634-7928

SUNTRUST

Norwest Bank Minnesota, N.A.
11000 Broken Land Parkway
Columbia, MD 21044-3562
Attention: Master Servicing

RE: Officer's Certificate

Dear Master Servicer:

The undersigned Officer certifies the following for the 1997 fiscal year:

(A)  I have reviewed the activities and performance  of the Servicer  during the
     preceding  fiscal year under the terms  of the Servicing  Agreement,  Trust
     Agreement,  Pooling and Servicing Agreement and/or   Seller/Servicer  Guide
     and to the best of these  Officers'  knowledge,  the Servicer has fulfilled
     all of its duties,  responsibilities  or obligations under these Agreements
     throughout  such  year,  or if there has been a default  or  failure of the
     servicer to perform any of such duties,  responsibilities or obligations, a
     description  of each  default or failure and the nature and status  thereof
     has been reported to Norwest Bank Minnesota, N.A.;

(B)  I have confirmed  that the Servicer is currently an approved  FNMA or FHLMC
     servicer in good standing;

(C)  I have confirmed that the Fidelity Bond, the Errors and Omissions Insurance
     Policy  and any other  bonds  required  under  the  terms of the  Servicing
     Agreement,   Trust  Agreement,   Pooling  and  Servicing  Agreement  and/or
     Seller/Servicer Guide are in full force and effect;

(D)  All premiums for each Hazard Insurance  Policy,  Flood Insurance Policy (if
     applicable) and Primary  Mortgage  Insurance Policy (if  applicable),  with
     respect  to each  Mortgaged  Property,  have  been  paid  and that all such
     insurance policies are in full force and effect;

(E)  All real estate  taxes,  governmental  assessments  and any other  expenses
     accrued and due, that if not paid could result in a lien or  encumbrance on
     any  Mortgaged  Property,  have been paid, or if any such costs or expenses
     have not been paid with respect to any Mortgaged Property, the reason for
     the non-payment has been reported to Norwest Bank Minnesota, N.A.

(F)  All Custodial Accounts have been reconciled and are properly funded; and

(G)  All annual reports of  Foreclosure  and  Abandonment  of Mortgage  Property
     required per section 6050H,  605OJ and 6050P of the Internal  Revenue Code,
     respectively, have been prepared and filed.


Certified By:
/s/Roy Briggs, III
Officer Roy Briggs, III

Vice President
Title

April 3, 1998
Date
**Exhibit 32.2**

 

**Certification of Chief FinancialOfficer**

 

Pursuantto 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-OxleyAct of 2002, the undersigned officer of Conceptus, Inc.,a Delaware corporation (the “Company”) hereby certifies, to such officer’sknowledge, that:

 

(i)                                     theaccompanying Quarterly Report on Form 10-Q of the Company for the threemonths ended September 30, 2005 (the “Report”) fully complies withthe requirements of Section 13(a) or Section 15(d), asapplicable, of the Securities Exchange Act of 1934, as amended; and

 

(ii)                                  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| Date:  November 9, 2005 | /s/ Gregory E.  Lichtwardt                                        |   |
|------------------------------|-------------------------------------------------------------------|--------|
|                         | Gregory E.  Lichtwardt                                            |
|                         | Executive Vice  President, Treasurer and Chief Financial  Officer |

 

----