Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40855 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–5029 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML091670070. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

11555 Rockville Pike, Rockville, 

Maryland. The PDR’s mailing address is 

USNRC PDR, Washington, DC 20555– 

0001. The PDR can also be reached by 

telephone at (301) 415–4737 or (800) 

397–4205, by fax at (301) 415–3548, and 

by e-mail to pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 6th day 

of August, 2009. 

For the Nuclear Regulatory Commission. 

John N. Ridgely, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. E9–19458 Filed 8–12–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0352; Docket No. 40–9083] 

Notice of License Application Request 

of U.S. Army Installation Command for 

Schofield Barracks, Oahu, HI, and 

Pohakuloa Training Area, Island of 

Hawaii, HI; and Notice of Opportunity 

for Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of license application 

and opportunity to request a hearing. 

DATES: A request for a hearing must be 

filed by October 13, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

Hayes, Senior Project Manager, 

Materials Decommissioning Branch, 

Division of Waste Management and 

Environmental Protection, Office of 

Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555. Telephone: 

(301) 415–5928; fax number: (301) 415– 

5369; e-mail: John.Hayes@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

By letters dated November 6, 2008, 

and July 8, 2009, the U.S. Army 

Installation Command submitted a 

Source Material License application to 

the Nuclear Regulatory Commission 

(NRC), for the Schofield Barracks and 

Pohakuloa Training Area (PTA) sites in 

Oahu and the Island of Hawaii, Hawaii. 

This license application is for 

possession of depleted uranium (DU) 

due to the potential for residual DU to 

be at various Army Installations where 

testing of the M101 Spotting Round has 

occurred. 

An NRC administrative review, 

documented in a letter to the U.S. Army 

Installation Command dated August 3, 

2009, found the generic and site specific 

security and environmental radiation 

monitoring plans submitted by the 

applicant acceptable to begin a technical 

and environmental review. Before 

approving the license application, the 

NRC will need to make the findings 

required by the Atomic Energy Act of 

1954, as amended, and the NRC’s 

regulations. These findings will be 

documented in a Safety Evaluation 

Report (SER) and a site-specific 

Environmental Review consistent with 

the provisions of 10 CFR Part 51. 

II. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application 

for a source material license submitted 

by the U.S. Army Installation Command 

to possess depleted uranium at the 

Schofield Barracks and PTA sites in 

Oahu and the Island of Hawaii, Hawaii. 

Any person whose interest may be 

affected by this proceeding and who 

desires to participate as a party must file 

a request for a hearing and a 

specification of the contentions which 

the person seeks to have litigated in the 

hearing in accordance with the NRC EFiling rule, which the NRC promulgated 

on August 28, 2007 (72 FR 49139). All 

documents filed in NRC adjudicatory 

proceedings, including documents filed 

by interested governmental entities 

participating under 10 CFR 2.315(c) and 

any motion or other document filed in 

the proceeding prior to the submission 

of a request for hearing or petition to 

intervene, must be filed in accordance 

with the E-Filing rule. The E-Filing rule 

requires participants to submit and 

serve all adjudicatory documents over 

the Internet or, in some cases, to mail 

copies on electronic 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 of E-Filing, at least ten 

(10) days prior to the filing deadline, the 

petitioner/requestor should contact the 

Office of the Secretary by e-mail at 

HEARING.DOCKET@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 proceeding in which it is 

participating; and/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requestor (or its counsel or 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/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 is available on NRC’s 

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

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

Once a petitioner/requestor has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. 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 

documents through EIE. To be timely, 

an electronic filing 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 any 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 documents on those 

participants separately. Therefore, 

applicants and other participants (or 

their counsel or representative) must 

apply for and receive a digital ID 

certificate before a hearing request/ 

petition to intervene is filed so that they 

can obtain access to the document via 

the E-Filing system. 

A person filing electronically using 

the agency’s adjudicatory e-filing system 


erowe on DSK5CLS3C1PROD with NOTICES
40856 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 

may seek assistance through the 

‘‘Contact Us’’ link located on the NRC 

Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the 

NRC Meta-System Help Desk, which is 

available between 8 a.m. and 8 p.m., 

Eastern Time, Monday through Friday, 

excluding government holidays. The 

Meta-System Help Desk can be 

contacted by telephone at 1–866–672– 

7640 or by e-mail at 

MSHD.Resource@nrc.gov. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must, in 

accordance with 10 CFR 2.302(g), file an 

exemption request 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 first-class 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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(viii). 

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 

social security 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 submission. 

The formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

October 13, 2009. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, a request for a hearing filed by a 

person other than an applicant must 

state: 

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petition for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the 

application that the requester/petitioner 

disputes and the supporting reasons for 

each dispute, or, if the requester/ 

petitioner believes the application fails 

to contain information on a relevant 

matter as required by law, the 

identification of each failure and the 

supporting reasons for the requester’s/ 

petitioner’s belief. 

In addition, in accordance with 10 

CFR 2.309(f)(2), contentions must be 

based on documents or other 

information available at the time the 

petition is to be filed, such as the 

application or other supporting 

document filed by an applicant or 

licensee, or otherwise available to the 

petitioner. The requester/petitioner may 

amend those contentions or file new 

contentions if there are data or 

conclusions in the NRC documents that 

differ significantly from the data or 

conclusions in the applicant’s 

documents. Otherwise, contentions may 

be amended or new contentions filed 

after the initial filing only with leave of 

the presiding officer. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E–Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. Further Information 

Documents related to this action, 

including the November 6, 2008, and 

July 8, 2009 application and the 

supporting documentation (i.e., 

Environmental Radiation Plan and 

Security Plan), are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this site, 

you can access the NRC’s Agencywide 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are: ML090070095, ‘‘US 

Department of Army Installations 

Application for Materials License;’’ 

ML091950280, ‘‘Memorandum on 

Security and Environmental Radiation 

Monitoring Plans;’’ and ML092150316, 

‘‘Acknowledgement of Receipt of 

Generic and Site Specific Security and 

Environmental Radiation Monitoring 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices 40857 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4See Securities Exchange Act Release No. 45260 

(January 9, 2002), 67 FR 2255 (January 16, 2002) 

(SR–AMEX–2001–19) (approval order regarding 

AMEX Rules 26 and 27). See also Securities 

Exchange Act Release No. 44972 (October 23, 2001), 

66 FR 55031 (October 31, 2001)(SR–AMEX–2001– 

19) (notice of filing regarding, among other things, 

Commentary .05 to AMEX Rule 27). The American 

Stock Exchange LLC was purchased in 2008 by 

NYSE Euronext and is now known as NYSE Amex 

LLC (AMEX). 

Plans.’’ If you do not have access to 

ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the NRC Public 

Document Room (PDR) Reference staff 

at 1–800–397–4209, 301–415–4737 or 

by e-mail to pdr.resource@nrc.gov 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at Rockville, Maryland, this 5th day 

of August, 2009. 

For the Nuclear Regulatory Commission. 

Keith McConnell, 

Deputy Director, 

Decommissioning and Uranium Recovery, 

Licensing Directorate, Division of Waste 

Management and Environmental Protection, 

Office of Federal and State Materials and 

Environmental Management Programs. 

[FR Doc. E9–19449 Filed 8–12–09; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[File No. 500–1] 

In the Matter of V–Twin Holdings, Inc. 

(n/k/a Tobacco One, Inc.), Valley Media, 

Inc., Venturequest Group, Inc. (n/k/a 

Dex-Ray Resources, Inc.), Verex 

Laboratories, Inc., Vibro-Tech 

Industries, Inc., Video City, Inc., and 

Vidikron Technologies Group, Inc.; 

Order of Suspension of Trading 

August 11, 2009. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of V–Twin 

Holdings, Inc. (n/k/a Tobacco One, Inc.) 

because it has not filed any periodic 

reports since the period ended March 

31, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Valley 

Media, Inc. because it has not filed any 

periodic reports since the period ended 

September 29, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of 

Venturequest Group, Inc. (n/k/a DexRay Resources, Inc.), because it has not 

filed any periodic reports since the 

period ended September 30, 2001. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Verex 

Laboratories, Inc. because it has not 

filed any periodic reports since the 

period ended March 31, 2002. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Vibro-Tech 

Industries, Inc. because it has not filed 

any periodic reports since it filed a 

Form 10–SB on January 5, 2000. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Video City, 

Inc. because it has not filed any periodic 

reports since the period ended July 31, 

2003. 

It appears to the Securities and 

Exchange Commission that there is a 

lack of current and accurate information 

concerning the securities of Vidikron 

Technologies Group, Inc. because it has 

not filed any periodic reports since the 

period ended March 31, 1999. 

The Commission is of the opinion that 

the public interest and the protection of 

investors require a suspension of trading 

in the securities of the above-listed 

companies. 

Therefore, it is ordered, pursuant to 

Section 12(k) of the Securities Exchange 

Act of 1934, that trading in the 

securities of the above-listed companies 

is suspended for the period from 9:30 

a.m. EDT on August 11, 2009, through 

11:59 p.m. EDT on August 24, 2009. 

By the Commission. 

Jill M. Peterson, 

Assistant Secretary. 

[FR Doc. E9–19486 Filed 8–11–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–60455; File No. SR–Phlx– 

2009–62] 

Self-Regulatory Organizations; 

NASDAQ OMX PHLX, Inc.; Notice of 

Filing and Immediate Effectiveness of 

a Proposed Rule Change Relating to 

Automatic Allocations of Options on 

Related Securities 

August 6, 2009. 

Pursuant to Section 19(b)(1) of the 

Securities Exchange Act of 1934 

(‘‘Act’’) 1 and Rule 19b–4 2 thereunder, 

notice is hereby given that on July 31, 

2009, NASDAQ OMX PHLX, Inc. 

(‘‘Phlx’’ or ‘‘Exchange’’) filed with the 

Securities and Exchange Commission 

(‘‘SEC’’ or ‘‘Commission’’) the proposed 

rule change as described in Items I and 

II below, which Items have been 

prepared by the Exchange. Phlx has 

designated the proposed rule change as 

constituting a non-controversial rule 

change under Rule 19b–4(f)(6) under the 

Act,3 which renders the proposal 

effective upon filing with the 

Commission. The Commission is 

publishing this notice to solicit 

comments on the proposed rule change 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend 

Phlx Rule 506 (Allocation Application) 

regarding automatic allocation of 

options on related securities. 

The text of the proposed rule change 

is available on the Exchange’s Web site 

at http:// 

nasdaqomxphlx.cchwallstreet.com/ 

NASDAQOMXPHLX/Filings/, at the 

principal office of the Exchange, and at 

the Commission’s Public Reference 

Room. 

II. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

In its filing with the Commission, the 

Exchange included statements 

concerning the purpose of and basis for 

the proposed rule change and discussed 

any comments it received on the 

proposed rule change. The text of these 

statements may be examined at the 

places specified in Item IV below. The 

Exchange has prepared summaries, set 

forth in sections A, B, and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The amendments proposed to Phlx 

Rule 506 are based on and similar to 

Commentary .05 to AMEX Rule 27.4

The purpose of the proposed rule 

change is to amend Rule 506 to indicate 


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