Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54437 

and participation in ACRS meetings 

were published in the Federal Register 

on September 26, 2007 (72 FR 54695). 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Officer between 

7:30 a.m. and 4 p.m. (ET). Persons 

planning to attend this meeting are 

urged to contact the above named 

individual at least two working days 

prior to the meeting to be advised of any 

potential changes in the agenda. 

Dated: September 11, 2006. 

Antonio Dias, 

Branch Chief, ACRS. 

[FR Doc. E8–21915 Filed 9–18–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–143] 

Notice of Receipt of an Application To 

Transfer the Control of Special Nuclear 

Materials License No. SNM–124; 

Opportunity To Request a Hearing and 

Provide Written Comments 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of receipt of license 

transfer application and opportunity to 

request a hearing. 

DATES: A request for a hearing must be 

filed by October 9, 2008, in accordance 

with 10 CFR 2.309(b)(1). 

FOR FURTHER INFORMATION CONTACT: 

Mary T. Adams, Senior Project Manager, 

Fuel Manufacturing Branch, Division of 

Fuel Cycle Safety and Safeguards, Office 

of Nuclear Material Safety and 

Safeguards, U.S. Nuclear Regulatory 

Commission, Mail Stop EBB–2–C40M, 

Washington, DC 20555–0001, 

Telephone: (301) 492–3113; fax number: 

(301) 492–5539; e-mail: 

Mary.Adams@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

By letter dated August 8, 2008, (the 

Application), Nuclear Fuel Services, 

Inc., (NFS or the licensee) requested the 

consent of the U.S. Nuclear Regulatory 

Commission (NRC or the Commission), 

to the indirect transfer of Special 

Nuclear Materials License No. SNM–124 

(SNM–124) to NOG-Erwin Holdings, 

Inc., and approval of a conforming 

amendment to SNM–124. The need for 

the requested consent arises from the 

sale by NFS Services, LLC, (‘‘NFS 

Services’’) to NOG-Erwin Holdings, Inc., 

(‘‘NOG’’) of NFS Services’ entire interest 

in Nuclear Fuel Services, Inc. (the 

‘‘Transaction’’). Included in the 

Transaction, as more fully described in 

the application, is the transfer by NFS 

Services of 100% of the stock of NFS 

Holdings, Inc., a Delaware corporation 

and its wholly-owned subsidiary, 

Nuclear Fuel Services, Inc. a Delaware 

corporation which is the holder of the 

License, to NOG-Erwin Holdings, Inc. 

(‘‘NOG’’), a newly-formed subsidiary of 

Babcock & Wilcox Nuclear Operations 

Group, Inc., a Delaware corporation, 

which is a wholly-owned subsidiary of 

BWX Technologies, Inc., a Delaware 

corporation, which in turn is a whollyowned subsidiary of The Babcock & 

Wilcox Company, a Delaware 

corporation. The Transaction, if 

approved, will result in the indirect 

change of control of NFS, the holder of 

the License, from NFS Services to NOG. 

NFS is the holder of SNM–124, which 

authorizes NFS to receive, possess, and 

use special nuclear material for the 

research, fabrication and assembly of 

nuclear fuel and related components at 

its facilities located in Erwin, 

Tennessee. The license provides, among 

other things, that the facilities are 

subject to all rules, regulations, and 

orders of the NRC, now or hereafter in 

effect. SNM–124 applies to product 

processing operations, laboratory 

operations, general services operations, 

research and development operations, 

and waste treatment and disposal 

operations located in Unicoi County, 

Tennessee. 

Pursuant to Title 10 of the Code of 

Federal Regulations (10 CFR), Section 

2.1301, the Commission is noticing in 

the Federal Register the receipt of the 

Application for approval of the transfer 

of SNM–124 because it involves a major 

fuel cycle facility licensed under 10 CFR 

Part 70. The NRC is considering the 

issuance of an order pursuant to 10 CFR 

70.36, authorizing the transfer of control 

of SNM–124 from NFS to NOG-Erwin 

Holdings, Inc. An amendment to the 

existing license would follow the 

issuance of the order. According to the 

Application, NOG-Erwin Holdings, Inc., 

would acquire ownership of the NFS 

facilities and upon approval of the 

license transfer would be the licensee 

responsible for operating and 

maintaining them. The Application does 

not propose any physical changes to the 

facilities or other changes. 

The amendment would replace 

references to NFS, Inc., in Section 1.1 

and Appendix D to Chapter 1 of the 

license with references to NFS 

Holdings, Inc.; NOG-Erwin Holdings, 

Inc.; and Babcock & Wilcox Nuclear 

Operations Group, Inc., to reflect the 

transfer, if approved by the 

Commission. 

Pursuant to 10 CFR 70.36, no license, 

or any right there under, shall be 

transferred, assigned or in any manner 

disposed of, either voluntarily or 

involuntarily, directly or indirectly, 

through the transfer of control of any 

license to any person unless the 

Commission shall after securing full 

information, find that the transfer is in 

accordance with the provisions of the 

Atomic Energy Act of 1954, as amended, 

and shall give its consent in writing. 

The Commission will approve an 

application for the transfer of a license 

and authorize the transfer of the license 

through the issuance of an order, if it is 

determined that the proposed transferee 

is qualified to hold the license and that 

the transfer is otherwise consistent with 

applicable provisions of law, 

regulations, and orders issued by the 

Commission pursuant thereto. 

An NRC administrative review found 

the application acceptable to begin a 

technical review. If the NRC issues an 

order, as described above, the approval 

of the above requested actions will be 

documented in a conforming 

amendment to SNM–124. However, 

before issuing an order and approving 

the amendment, the NRC will need to 

make the findings required by the 

Atomic Energy Act of 1954, as amended, 

and NRC regulations. These findings 

will be documented in a safety 

evaluation report. The license transfer 

request falls within the 10 CFR 

51.22(c)(21), categorical exclusion 

criteria, so no environmental review of 

the proposed action is required. 

II. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding regarding the 

consideration of the issuance of an order 

authorizing the transfer of control of 

Special Nuclear Materials License No. 

SNM–124. In accordance with the 

general requirements in Subpart C of 10 

CFR Part 2, as amended on January 14, 

2004 (69 FR 2182), any person whose 

interest may be affected by this 

proceeding and who desires to 

participate as a party must file a written 

request for a hearing and a specification 

of the contentions that the person seeks 

to have litigated in the hearing. 

A request for hearing or a petition for 

leave to intervene must be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated on August 

28, 2007 (72 FR 49139). The E-Filing 

rule requires participants to submit and 

serve 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. 


jlentini on PROD1PC65 with NOTICES
54438 Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 

To comply with the procedural 

requirements of the E-Filing rule, at 

least ten (10) days prior to the filing 

deadline, the petitioner/requestor must 

contact the Office of the Secretary by email at HEARINGDOCKET@NRC.GOV, 

or by calling (301) 415–1677, to request: 

(1) A digital identification (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) the 

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. 

Instruction for applying for a digital ID 

certificate is available on the 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, has 

created a docket, and downloads the EIE 

viewer, he or she 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 that is 

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 to each participant 

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 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 a 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, Rockville, Pike, Rockville, 

MD 20852, Attention: Rulemaking and 

Adjudications Staff. Participants filing a 

document in this manner are 

responsible for serving the document to 

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). To be timely, 

filings must be submitted no later than 

11:59 p.m. eastern time on the due date. 

Documents submitted in adjudicatory 

proceedings will appear in the 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 by 

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 addition to meeting other 

applicable requirements of 10 CFR 

2.309, the general requirements 

involving 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 Atomic Energy Act of 1954, 

as amended, 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 in the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with10 CFR 2.309(b). 

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

a request for hearing or petitions 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 that 

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 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 183 / Friday, September 19, 2008 / Notices 54439 

Application, or other supporting 

documents filed by the licensee or 

otherwise available to the petitioner. 

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 (10) days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 

III. Written Comments 

In accordance with 10 CFR 2.1305(a), 

as an alternative to requests for hearings 

and petitions to intervene, persons may 

submit written comments regarding the 

license transfer application. These 

comments must be submitted by 

October 20, 2008, in accordance with 10 

CFR 2.1305(b). The Commission will 

address the comments received in 

accordance with 10 CFR 2.1305(c). 

Comments should be submitted to the 

Secretary, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Attention: Rulemakings and 

Adjudications Staff, and should cite the 

publication date and page number of 

this Federal Register notice. Comments 

received after 30 days will be 

considered if practicable to do so, but 

only the comments received on or 

before the due date can be assured 

consideration. 

IV. Further Information 

Documents related to this action 

including the Application for the 

proposed license transfer and 

supporting documentation, are available 

electronically through 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 Documents Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. The ADAMS 

accession number for the publiclyavailable documents related to this 

notice is ML082390922. 

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@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s 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 10th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Peter Habighorst, 

Chief, Fuel Manufacturing Branch, Fuel 

Facilities Licensing Directorate, Division of 

Fuel Cycle Safety and Safeguards, Office of 

Nuclear Materials Safety and Safeguards. 

[FR Doc. E8–21916 Filed 9–18–08; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: U.S. Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213 

Extension: 

Rule 17a–19; OMB Control No. 3235–0133; 

SEC File No. 270–148. 

Form X–17A–19 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for approval of extension of the 

existing collection of information 

provided for in the following rule: Rule 

17a–19 (17 CFR 240.17a–19) and Form 

X–17A–19 (17 CFR 249.635) under the 

Securities Exchange Act of 1934 (15 

U.S.C. 78a et seq.) (‘‘Exchange Act’’). 

Rule 17a–19 requires every national 

securities exchange and registered 

national securities association to file a 

Form X–17A–19 with the Commission 

within 5 business days of the initiation, 

suspension, or termination of any 

member, and when terminating the 

membership interest of any member, to 

notify that member of its obligation to 

file financial reports as required by 

Exchange Act Rule 17a–5(b) (17 CFR 

240.17a–5). 

The Commission uses the information 

contained in Form X–17A–19 to assign 

the appropriate self-regulatory 

organization to be the designated 

examining authority for the member 

firm. This information is also used by 

the Securities Investor Protection 

Corporation (‘‘SIPC’’) in determining 

which self-regulatory body is the 

collection agent for the SIPC fund. 

The information requested by Form 

X–17A–19 is obtained from the 

respondent’s membership files. The 

Commission staff estimates that, in its 

experience, Form X–17A–19 can be 

completed and signed within 15 

minutes. The number of responses per 

year per respondent varies, depending 

on the number of membership changes 

reported. The number of filings is 

approximately 600 per year. The 

aggregate time spent by all respondents 

per year in complying with the rule is 

therefore approximately 150 hours (600 

responses times 1/4 hour equals 150 

hours). 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Comments should be directed to: (i) 

Desk Officer for the Securities and 

Exchange Commission, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Room 10102, New Executive Office 

Building, Washington, DC 20503 or by 

sending an e-mail to: 

Kimberly_P._Nelson@omb.eop.gov; and 

(ii) Lewis W. Walker, Acting Director/ 

Chief Information Officer, Securities 

and Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312 or send an e-mail 

to PRA_Mailbox@sec.gov. Comments 

must be submitted within 30 days of 

this notice. 

September 10, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–21765 Filed 9–18–08; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Extension: Rule 12d2–2, SEC File No. 270– 

86, OMB Control No. 3235–0080 Form 25] 

Proposed Collection; Comment 

Request 

Upon written request, copies available 

from: U.S. Securities and Exchange 

Commission, office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213 

Notice is hereby given that pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 


jlentini on PROD1PC65 with NOTICES