38062 Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION AND SAFEGUARDS INFORMATION IN THIS PROCEEDING—Continued 

Day Event/Activity 

20 ................. Nuclear Regulatory Commission (NRC) staff informs the requester of the staff’s determination whether the request for access 

provides a reasonable basis to believe standing can be established and shows (1) Need for SUNSI or (2) need to know for 

SGI. (For SUNSI, NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be 

harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC 

staff begins document processing (preparation of redactions or review of redacted documents). If NRC staff makes the finding 

of need to know for SGI and likelihood of standing, NRC staff begins background check (including fingerprinting for a criminal 

history records check), information processing (preparation of redactions or review of redacted documents), and readiness inspections. 

25 ................. If NRC staff finds no ‘‘need,’’ no ‘‘need to know,’’ or no likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, 

the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of 

the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access. 

30 ................. Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 ................. (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and 

file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 

190 ............... (Receipt +180) If NRC staff finds standing, need to know for SGI, and trustworthiness and reliability, deadline for NRC staff to 

file motion for Protective Order and draft Non-disclosure Affidavit (or to make a determination that the proposed recipient of 

SGI is not trustworthy or reliable). Note: Before the Office of Administration makes an adverse determination regarding access 

to SGI, the proposed recipient must be provided an opportunity to correct or explain information. 

205 ............... Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the presiding officer or another 

designated officer. 

A ................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access to 

sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A + 3 ............ Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI and/or SGI consistent with decision issuing the 

protective order. 

A + 28 .......... Deadline for submission of contentions whose development depends upon access to SUNSI and/or SGI. However, if more than 

25 days remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI or SGI contentions 

by that later deadline. 

A + 53 .......... (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI and/or SGI. 

A + 60 .......... (Answer receipt +7) Petitioner/Intervenor reply to answers. 

>A + 60 ........ Decision on contention admission. 

[FR Doc. E9–18012 Filed 7–29–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–35114; License No. 12– 

16559–02; EA–08–334; (NRC–2009–0332)] 

In the Matter of MISTRAS Holding 

Group, d/b/a: Conam Inspection and 

Engineering Services, Quality Services 

Laboratories, Inc., Burr Ridge, IL; 

Order Imposing Civil Monetary Penalty 

I 

MISTRAS Holding Group, doing 

business as Conam Inspection and 

Engineering Services, Inc. and Quality 

Services Laboratories, Inc. (MISTRAS or 

Licensee) is the holder of Materials 

License No. 12–16559–02 issued by the 

U.S. Nuclear Regulatory Commission 

(NRC or Commission) pursuant to 10 

CFR part 30 on August 31, 1999. The 

license authorizes MISTRAS to conduct 

radiography operations in locations 

within the NRC’s jurisdiction. 

II 

An inspection of the Licensee’s 

activities was conducted on September 

22 and 23, 2008, at its Noblesville, 

Indiana office. The results of this 

inspection indicated that the Licensee 

had not conducted its activities in full 

compliance with NRC requirements. A 

written Notice of Violation and 

Proposed Imposition of Civil Penalty 

(Notice) was served upon the Licensee 

by letter dated March 9, 2009 (the letter 

is Not Publicly Available). The Notice 

states the nature of the violations, the 

provisions of the NRC’s requirements 

that the Licensee violated, and the 

amount of the civil penalties proposed 

for the violations. 

The Licensee responded to the Notice 

in a letter dated March 24, 2009 (also 

Not Publicly Available). In its response, 

the Licensee, although neither admitting 

nor denying the violations, requested 

mitigation for the civil penalty 

associated with one of the violations. 

III 

After consideration of the Licensee’s 

response and the statements of fact, 

explanation, and argument for 

mitigation contained therein, the NRC 

staff determined that the violation 

occurred as stated and that the penalty 

proposed for the violation should be 

imposed. The results of the NRC’s 

review of the information contained in 

the Licensee’s letter and the basis for the 

NRC taking the actions described in this 

Order are set forth in the non-Public 

Appendix to this Order. 

IV 

In view of the foregoing and pursuant 

to Section 234 of the Atomic Energy Act 

of 1954, as amended (Act), 42 U.S.C. 

2282, and 10 CFR 2.205, it is hereby 

ordered that: 

The Licensee shall pay, within 20 

days from the date this Order is 

published in the Federal Register, a 

civil penalty in the amount of $6,500, in 

accordance with NUREG/BR–0254. In 

addition, at the time payment is made, 

the Licensee shall submit a statement 

indicating when and by what method 

payment was made to the Director, 

Office of Enforcement, U.S. Nuclear 

Regulatory Commission, One White 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 145 / Thursday, July 30, 2009 / Notices 38063 

Flint North, 11555 Rockville Pike, 

Rockville, MD 20852–2738. 

V 

In accordance with 10 CFR 2.205, the 

Licensee may request a hearing on this 

Order within 20 days of its publication 

in the Federal Register. Where good 

cause is shown, consideration will be 

given to extending the time to request a 

hearing. A request for extension of time 

must be directed to the Director, Office 

of Enforcement, U.S. Nuclear Regulatory 

Commission, and include a statement of 

good cause for the extension. 

If a hearing is requested by the 

Licensee, the Commission will issue an 

Order designating the time and place of 

hearing. If a hearing is held, an Order 

will be issued after the hearing by the 

Commission dismissing the proceeding 

or imposing, mitigating, or remitting the 

civil penalty. If the Licensee fails to 

request a hearing within 20 days from 

the date this Order is published in the 

Federal Register, or if written approval 

of an extension of time in which to 

request a hearing has not been granted, 

the provisions of this Order shall be 

effective without further proceedings. If 

payment has not been made by that 

time, the matter may be referred to the 

Attorney General for collection. 

In the event the Licensee requests a 

hearing as provided above, the issues to 

be considered at such hearing shall be: 

(a) whether the Licensee was in 

violation of the Commission’s 

requirements as set forth in the Notice 

referenced in Section II above, and 

(b) whether, on the basis of such 

violation, this Order should be 

sustained. 

A request for a hearing must be filed 

in accordance with the NRC E-Filing 

rule, which the NRC promulgated in 

August, 2007, 72 FR 49,139 (August 28, 

2007). The E-Filing process requires 

participants to submit and serve 

documents over the internet or, in some 

cases, to mail copies on electronic 

optical storage media. Participants may 

not submit paper copies of their filings 

unless they seek a waiver in accordance 

with the procedures described below. 

To comply with the procedural 

requirements associated with E-Filing, 

at least ten (10) days prior to the filing 

deadline the requestor must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (301) 415–1677, to request: (1) A 

digital ID certificate, which allows the 

participant (or its counsel or 

representative) to digitally sign 

documents and access the E-Submittal 

server for any NRC proceeding in which 

it is participating; and/or (2) creation of 

an electronic docket for the proceeding 

(even in instances when the requestor 

(or its counsel or representative) already 

holds an NRC-issued digital ID 

certificate). Each requestor will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate also is available on NRC’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals/applycertificates.html. 

Once a requestor has obtained a 

digital ID certificate, had a docket 

created, and downloaded the EIE 

viewer, it can then submit a request for 

a hearing through EIE. Submissions 

should be in Portable Document Format 

(PDF) in accordance with NRC guidance 

available on the NRC public Web site at 

http://www.nrc.gov/site-help/esubmittals.html. A filing is considered 

complete at the time the filer submits its 

document through EIE. To be timely, 

electronic filings must be submitted to 

the EIE system no later than 11:59 p.m. 

Eastern Time on the due date. Upon 

receipt of a transmission, the E-Filing 

system time-stamps the document and 

sends the submitter an e-mail notice 

confirming receipt of the document. The 

EIE system also distributes an e-mail 

notice that provides access to the 

document to the NRC Office of the 

General Counsel and others who have 

advised the Office of the Secretary that 

they wish to participate in the 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, if the 

licensee chooses to request a hearing, 

the licensee (or their counsel or 

representative) must apply for and 

receive a digital ID certificate before a 

hearing request is filed so that they may 

obtain access to the document via the EFiling system. 

A person filing electronically may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The electronic filing Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MHSD.Resource@nrc.gov. 

Participants who believe that they 

have good cause for not submitting 

documents electronically must file a 

motion, in accordance with 10 CFR 

2.302(g), with their initial paper filing 

requesting authorization to continue to 

submit documents in paper format. 

Such filings must be submitted by: (1) 

first class mail addressed to the Office 

of the Secretary of the Commission, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Rulemaking and Adjudications Staff; or 

(2) courier, express mail, or expedited 

delivery service to the Office of the 

Secretary, Sixteenth Floor, One White 

Flint North, 11555 Rockville Pike, 

Rockville, Maryland, 20852, Attention: 

Rulemaking and Adjudications Staff. 

Participants filing a document in this 

manner are responsible for serving the 

document on all other participants. 

Filing is considered complete by firstclass mail as of the time of deposit in 

the mail, or by courier, express mail, or 

expedited delivery service upon 

depositing the document with the 

provider of the service. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

personal privacy information, such as 

social security numbers, home 

addresses, or home phone numbers in 

their filings. With respect to copyrighted 

works, except for limited excerpts that 

serve the purpose of the adjudicatory 

filings and would constitute a Fair Use 

application, participants are requested 

not to include copyrighted materials in 

their works. 

For the Nuclear Regulatory Commission. 

Dated this 23rd day of July, 2009. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E9–18212 Filed 7–29–09; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #11818 and #11819] 

Pennsylvania Disaster #PA–00024 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the Commonwealth of 

PENNSYLVANIA dated 07/21/2009. 

Incident: Apartment Building Fire. 

Incident Period: 07/08/2009. 

DATES: Effective Date: 07/21/2009. 

Physical Loan Application Deadline 

Date: 09/21/2009. 


erowe on DSK5CLS3C1PROD with NOTICES