Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices 16013 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0144] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: U.S. Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of pending NRC action to 

submit an information collection 

request to the Office of Management and 

Budget (OMB) and solicitation of public 

comment. 

SUMMARY: The NRC invites public 

comment about our intention to request 

the OMB’s approval for renewal of an 

existing information collection that is 

summarized below. We are required to 

publish this notice in the Federal 

Register under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

Information pertaining to the 

requirement to be submitted: 

1. The title of the information 

collection: ‘‘Reporting and 

Recordkeeping Requirements for Export 

and Import of Nuclear Equipment and 

Material,’’ formerly, ‘‘Export and Import 

of Nuclear Equipment and Material.’’ 

2. Current OMB approval number: 

3150–0036. 

3. How often the collection is 

required: On occasion. 

4. Who is required or asked to report: 

Any person in the U.S. who wishes to 

export or import nuclear material and 

equipment subject to the requirements 

of a general or specific license. 

5. The number of annual respondents: 

103. 

6. The number of hours needed 

annually to complete the requirement or 

request: 524. 

7. Abstract: Persons in the U.S. who 

export or import nuclear material or 

equipment under a general or specific 

authorization must comply with certain 

reporting and recordkeeping 

requirements under 10 CFR part 110. 

Submit, by June 8, 2009, comments 

that address the following questions: 

1. Is the proposed collection of 

information necessary for the NRC to 

properly perform its functions? Does the 

information have practical utility? 

2. Is the burden estimate accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques or other forms of 

information technology? 

A copy of the draft supporting 

statement may be viewed free of charge 

at the NRC Public Document Room, One 

White Flint North, 11555 Rockville 

Pike, Room O–1 F21, Rockville, MD 

20852. OMB clearance requests are 

available at the NRC worldwide Web 

site: http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html. The 

document will be available on the NRC 

home page site for 60 days after the 

signature date of this notice. Comments 

submitted in writing or in electronic 

form will be made available for public 

inspection. Because your comments will 

not be edited to remove any identifying 

or contact information, the NRC 

cautions you against including any 

information in your submission that you 

do not want to be publicly disclosed. 

Comments submitted should reference 

Docket No. NRC–2009–0144. You may 

submit your comments by any of the 

following methods. Electronic 

comments: Go to http:// 

www.regulations.gov and search for 

Docket No. NRC–2009–0144. Mail 

comments to NRC Clearance Officer, 

Gregory Trussell (T–5 F53), U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. Questions 

about the information collection 

requirements may be directed to the 

NRC Clearance Officer, Gregory Trussell 

(T–5 F53), U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, by telephone at 301–415–6874, or 

by e-mail to 

INFOCOLLECTS.Resource@NRC.GOV. 

Dated at Rockville, Maryland, this 30th day 

of March 2009. 

For the Nuclear Regulatory Commission. 

Gregory Trussell, 

NRC Clearance Officer, Office of Information 

Services. 

[FR Doc. E9–7947 Filed 4–7–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 55–61336; License No. SOP– 

11801 (Terminated); IA–09–014; NRC–2009– 

0156] 

In the Matter of Keith Davis; Order 

Prohibiting Involvement in NRC– 

Licensed Activities 

I 

Keith Davis (Mr. Davis) was 

previously employed as a Senior 

Reactor Operator (SRO) at PPL 

Corporation’s Susquehanna Steam 

Electric Station (SSES or the facility), 

located in Berwick, Pennsylvania. Mr. 

Davis was the holder of SRO License 

Number SOP–11801, issued by the 

Nuclear Regulatory Commission (NRC 

or Commission) pursuant to 10 CFR part 

55. The license authorized Mr. Davis to 

direct the licensed activities of SSES 

licensed operators, and to manipulate 

the controls of the facility. The license 

was terminated on August 1, 2006. 

II 

In a letter dated July 2, 2007, the NRC 

provided to Mr. Davis the results of an 

investigation initiated by the NRC Office 

of Investigations (OI). The letter 

informed Mr. Davis that the NRC was 

considering escalated enforcement 

action against him for an apparent 

violation of his SRO license due to his 

failure to report an arrest as required by 

SSES procedures. The NRC offered Mr. 

Davis a choice to attend a Predecisional 

Enforcement Conference or to request 

Alternate Dispute Resolution (ADR) to 

resolve any disagreement over: (1) 

whether a violation occurred; and (2) 

The appropriate enforcement action. At 

his request, an ADR mediation session 

was held between Mr. Davis and the 

NRC on September 27, 2007, and a 

settlement agreement was reached 

regarding his role in this matter. Mr. 

Davis confirmed his agreement, in 

principle, on November 16, 2007, when 

he signed the Consent and Hearing 

Waiver form, consenting to the issuance 

of a Notice of Violation and 

Confirmatory Order containing 

commitments agreed to in the 

settlement. 

On November 26, 2007, the NRC 

issued a Notice of Violation (Notice) to 

Mr. Davis for his failure to report the 

arrest. The Notice characterized the 

violation at Severity Level III. The NRC 

also issued the Confirmatory Order 

confirming the commitments made as 

part of the settlement agreement. The 

Confirmatory Order required Mr. Davis 

to complete the commitment actions 

within three months of the date of the 

Confirmatory Order, and then inform 

the NRC within one month of 

completion. 

The actions included: 

a. Writing an operating experience 

report addressing lessons learned from 

the violation; 

b. Providing the report to the NRC for 

review and then submitting it to a 

minimum of three national 

organizations for possible publication; 

c. Providing a written response to the 

NRC explaining why the NRC can have 

confidence that Mr. Davis will follow 

licensee procedures and meet NRC 

regulations, should he work in the 

nuclear industry in the future; and 

d. Preparing a licensed and nonlicensed operator training plan 

regarding procedure compliance and the 

lessons learned from this issue, and 


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16014 Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices 

providing the plan to SSES for its 

potential use. 

In accordance with the Confirmatory 

Order, Mr. Davis was required to notify 

the NRC, in writing, of completion of 

these activities by March 27, 2008. 

The requirement to respond to an 

NRC Order is outlined in 10 CFR 

2.202(b), which states, in part: A 

licensee or other person, to whom the 

Commission has issued an order under 

this section, must respond to the order 

by filing a written answer under oath or 

affirmation. Mr. Davis failed to respond 

to the Confirmatory Order. 

After the NRC made several 

unsuccessful attempts to contact Mr. 

Davis, the NRC OI located and spoke 

with him on October 17, 2008. At that 

time, Mr. Davis informed OI that he did 

not agree with the ADR settlement to 

which he had consented, and that it was 

for this reason that he did not accept 

and/or ignored the NRC’s 

correspondence attempts. On October 

17, 2008, Mr. Davis also contacted the 

RI senior enforcement specialist by 

telephone, and explained that he was 

not in agreement with the conclusions 

of the ADR, and that he chose to not 

complete the Confirmatory Order 

actions or notify the NRC of his 

disagreement. The senior enforcement 

specialist instructed Mr. Davis to send 

a letter to the RI Regional Administrator 

explaining his position and reasons for 

not complying with the Confirmatory 

Order. As of the date of this Order, Mr. 

Davis has neither provided this letter 

nor otherwise responded to the 

November 26, 2007 Confirmatory Order. 

III 

Based on the above, the NRC has 

concluded that Keith Davis violated 10 

CFR 2.202(b), by failing to respond to an 

NRC Confirmatory Order. This 

conclusion is based on: (1) Mr. Davis’s 

statements to the RI OI that he no longer 

agreed with the ADR settlement and that 

he knowingly did not accept and/or 

ignored NRC correspondence requesting 

his response to the Confirmatory Order; 

(2) Mr. Davis’s failure to contact the 

NRC regarding his disagreement with 

the ADR settlement; and (3) Mr. Davis’s 

continued failure to respond to the 

Confirmatory Order. 

As a result, I no longer have the 

necessary assurance that Mr. Davis, 

should he engage in NRC-licensed 

activities under any other NRC license, 

would perform NRC-licensed activities 

safely and in accordance with NRC 

requirements, and that the health and 

safety of the public will be protected if 

Mr. Davis were permitted at this time to 

be involved in NRC-licensed activities. 

Therefore, the public health, safety, 

and interest require that Mr. Davis be 

prohibited from any involvement in 

NRC-licensed activities for a period of 

three years from the date of this Order, 

and that Mr. Davis notify the NRC of his 

first employment in NRC-licensed 

activities for a period of three years 

following the prohibition period. 

IV 

Accordingly, pursuant to sections 

103, 161b, 161i, 182 and 186 of the 

Atomic Energy Act of 1954, as amended, 

and the Commission’s regulations in 10 

CFR 2.202, 10 CFR 30.10, and 10 CFR 

150.20, it is hereby ordered that: 

1. Keith Davis is prohibited for three 

years from the date of this Order from 

engaging in NRC-licensed activities. 

NRC-licensed activities are those 

activities that are conducted pursuant to 

a specific or general license issued by 

the NRC, including, but not limited to, 

those activities of Agreement State 

licensees conducted pursuant to the 

authority granted by 10 CFR 150.20. 

2. If Keith Davis is currently involved 

with another licensee in NRC-licensed 

activities, he must immediately cease 

those activities, and inform the NRC of 

the name, address and telephone 

number of the employer, and provide a 

copy of this order to the employer. 

3. Keith Davis shall, within 20 days 

following acceptance of his first 

employment offer involving NRClicensed activities or his becoming 

involved in NRC-licensed activities, as 

defined in Paragraph IV.1 above, 

provide notice to the Director, Office of 

Enforcement, U. S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, of the name, address, and 

telephone number of the employer or 

the entity where he is, or will be, 

involved in the NRC-licensed activities. 

The Director, OE, may, in writing, 

relax or rescind any of the above 

conditions upon demonstration by Mr. 

Davis of good cause. 

V 

In accordance with 10 CFR 2.202, Mr. 

Davis must, and any other person 

adversely affected by this Order may, 

submit an answer to this Order within 

20 days of its issuance. In addition, Mr. 

Davis and any other person adversely 

affected by this Order may request a 

hearing on this Order within 20 days of 

its issuance. Where good cause is 

shown, consideration will be given to 

extending the time to answer or 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. 

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 (Aug. 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 five (5) 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 

Viewer TM to access the Electronic 

Information Exchange (EIE), a 

component of the E–Filing system. The 

Workplace Forms Viewer TM 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 any others who 

have advised the Office of the Secretary 

that they wish to participate in the 


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Federal Register / Vol. 74, No. 66 / Wednesday, April 8, 2009 / Notices 16015 

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

2 17 CFR 240.19b–4. 

proceeding, so that the filer need not 

serve the document on those 

participants separately. Therefore, any 

others who wish to participate in the 

proceeding (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 E– 

Filing 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 help line number is (800) 397–4209 

or locally, (301) 415–4737. 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. 

If a person other than Mr. Davis 

requests a hearing, that person shall set 

forth with particularity the manner in 

which his interest is adversely affected 

by this Order and shall address the 

criteria set forth in 10 CFR 2.309(d). 

If a hearing is requested by Mr. Davis 

or a person whose interest is adversely 

affected, the Commission will issue an 

Order designating the time and place of 

any hearings. If a hearing is held, the 

issue to be considered at such hearing 

shall be whether this Order should be 

sustained. In the absence of any request 

for hearing, or written approval of an 

extension of time in which to request a 

hearing, the provisions specified in 

Section IV above shall be final 20 days 

from the date of this Order without 

further order or proceedings. If an 

extension of time for requesting a 

hearing has been approved, the 

provisions specified in Section IV shall 

be final when the extension expires if a 

hearing request has not been received. 

Dated this 1st day of April 2009. 

For the Nuclear Regulatory Commission. 

Cynthia A. Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E9–7946 Filed 4–7–09; 8:45 am] 

BILLING CODE 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Public Law 94–409, that 

the Securities and Exchange 

Commission will hold a closed meeting 

on Thursday, April 9, 2009 at 2 p.m. 

Commissioners, Counsel to the 

Commissioners, the Secretary to the 

Commission, and recording secretaries 

will attend the closed meeting. Certain 

staff members who have an interest in 

the matters also may be present. 

The General Counsel of the 

Commission, or his designee, has 

certified that, in his opinion, one or 

more of the exemptions set forth in 5 

U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) 

and 17 CFR 200.402(a)(3), (5), (7), 9(ii) 

and (10), permit consideration of the 

scheduled matters at the closed meeting. 

Commissioner Walter, as duty officer, 

voted to consider the items listed for the 

closed meeting in closed session and 

determined that no earlier notice thereof 

was possible. 

The subject matter of the closed 

meeting scheduled for Thursday, April 

9, 2009 will be: 

Institution and settlement of an 

injunctive action 

Institution and settlement of 

administrative proceedings of an 

enforcement nature; and 

Other matters relating to enforcement 

proceedings. 

At times, changes in Commission 

priorities require alterations in the 

scheduling of meeting items. 

For further information and to 

ascertain what, if any, matters have been 

added, deleted or postponed, please 

contact: 

The Office of the Secretary at (202) 

551–5400. 

Dated: April 3, 2009. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–7929 Filed 4–7–09; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59682; File No. SR–BX– 

2009–018] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

of Proposed Rule Change To Modify 

Fees for Members Using the NASDAQ 

OMX BX Equities System 

April 1, 2009. 

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

Securities Exchange Act of 1934 

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

notice is hereby given that on March 25, 

2009, NASDAQ OMX BX, Inc. (‘‘BX’’) 

filed with the Securities and Exchange 

Commission (‘‘Commission’’) the 

proposed rule change as described in 

Items I, II, and III below, which Items 

have been prepared by the Exchange. 

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 

BX proposes to modify pricing for BX 

members using the NASDAQ OMX BX 

Equities System. BX will implement this 

rule change on April 1, 2009. The text 

of the proposed rule change is available 

at http://nasdaqomx.cchwallstreet.com/, 

at BX’s principal office, 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, BX 

included statements concerning the 

purpose of, and basis for, the proposed 

rule change and discussed any 

comments it received on the proposed 


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