Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 25287 

Whereas, The Commission found on [date] 

that the program of the State for the 

regulation of the materials covered by this 

Agreement is compatible with the 

Commission’s program for the regulation of 

such materials and is adequate to protect 

public health and safety; and, 

Whereas, The State and the Commission 

recognize the desirability and importance of 

cooperation between the Commission and the 

State in the formulation of standards for 

protection against hazards of radiation and in 

assuring that State and Commission programs 

for protection against hazards of radiation 

will be coordinated and compatible; and, 

Whereas, The Commission and the State 

recognize the desirability of the reciprocal 

recognition of licenses, and of the granting of 

limited exemptions from licensing of those 

materials subject to this Agreement; and, 

Whereas, This Agreement is entered into 

pursuant to the provisions of the Act; 

Now, therefore, It is hereby agreed between 

the Commission and the Governor of the 

State acting on behalf of the State as follows: 

Article I 

Subject to the exceptions provided in 

Articles II, IV, and V, the Commission shall 

discontinue, as of the effective date of this 

Agreement, the regulatory authority of the 

Commission in the State under Chapters 6, 7, 

and 8, and Section 161 of the Act with 

respect to the following materials: 

1. Byproduct materials as defined in 

Section 11e.(1) of the Act; 

2. Byproduct materials as defined in 

Section 11e.(3) of the Act; 

3. Byproduct materials as defined in 

Section 11e.(4) of the Act; 

4. Source materials; 

5. Special nuclear materials in quantities 

not sufficient to form a critical mass; 

6. The regulation of the land disposal of 

byproduct, source, or special nuclear waste 

materials received from other persons. 

Article II 

This Agreement does not provide for 

discontinuance of any authority and the 

Commission shall retain authority and 

responsibility with respect to: 

1. The regulation of the construction and 

operation of any production or utilization 

facility or any uranium enrichment facility; 

2. The regulation of the export from or 

import into the United States of byproduct, 

source, or special nuclear material, or of any 

production or utilization facility; 

3. The regulation of the disposal into the 

ocean or sea of byproduct, source, or special 

nuclear materials waste as defined in the 

regulations or orders of the Commission; 

4. The regulation of the disposal of such 

other byproduct, source, or special nuclear 

materials waste as the Commission from time 

to time determines by regulation or order 

should, because of the hazards or potential 

hazards thereof, not be disposed without a 

license from the Commission; 

5. The evaluation of radiation safety 

information on sealed sources or devices 

containing byproduct, source, or special 

nuclear materials and the registration of the 

sealed sources or devices for distribution, as 

provided for in regulations or orders of the 

Commission; 

6. The regulation of byproduct material as 

defined in Section 11e.(2) of the Act. 

Article III 

With the exception of those activities 

identified in Article II, paragraphs 1 through 

4, this Agreement may be amended, upon 

application by the State and approval by the 

Commission, to include one or more of the 

additional activities specified in Article II, 

whereby the State may then exert regulatory 

authority and responsibility with respect to 

those activities. 

Article IV 

Notwithstanding this Agreement, the 

Commission may from time to time by rule, 

regulation, or order, require that the 

manufacturer, processor, or producer of any 

equipment, device, commodity, or other 

product containing source, byproduct, or 

special nuclear material shall not transfer 

possession or control of such product except 

pursuant to a license or an exemption from 

licensing issued by the Commission. 

Article V 

This Agreement shall not affect the 

authority of the Commission under 

Subsection 161b or 161i of the Act to issue 

rules, regulations, or orders to protect the 

common defense and security, to protect 

restricted data, or to guard against the loss or 

diversion of special nuclear material. 

Article VI 

The Commission will cooperate with the 

State and other Agreement States in the 

formulation of standards and regulatory 

programs of the State and the Commission for 

protection against hazards of radiation and to 

assure that Commission and State programs 

for protection against hazards of radiation 

will be coordinated and compatible. 

The State agrees to cooperate with the 

Commission and other Agreement States in 

the formulation of standards and regulatory 

programs of the State and the Commission for 

protection against hazards of radiation and to 

assure that the State’s program will continue 

to be compatible with the program of the 

Commission for the regulation of materials 

covered by this Agreement. 

The State and the Commission agree to 

keep each other informed of proposed 

changes in their respective rules and 

regulations, and to provide each other the 

opportunity for early and substantive 

contribution to the proposed changes. 

The State and the Commission agree to 

keep each other informed of events, 

accidents, and licensee performance that may 

have generic implication or otherwise be of 

regulatory interest. 

Article VII 

The Commission and the State agree that 

it is desirable to provide reciprocal 

recognition of licenses for the materials listed 

in Article I licensed by the other party or by 

any other Agreement State. 

Accordingly, the Commission and the State 

agree to develop appropriate rules, 

regulations, and procedures by which such 

reciprocity will be accorded. 

Article VIII 

The Commission, upon its own initiative 

after reasonable notice and opportunity for 

hearing to the State, or upon request of the 

Governor of the State, may terminate or 

suspend all or part of this Agreement and 

reassert the licensing and regulatory 

authority vested in it under the Act if the 

Commission finds that (1) such termination 

or suspension is required to protect public 

health and safety, or (2) the State has not 

complied with one or more of the 

requirements of Section 274 of the Act. 

The Commission may also, pursuant to 

Section 274j of the Act, temporarily suspend 

all or part of this Agreement if, in the 

judgment of the Commission, an emergency 

situation exists requiring immediate action to 

protect public health and safety and the State 

has failed to take necessary steps. The 

Commission shall periodically review actions 

taken by the State under this Agreement to 

ensure compliance with Section 274 of the 

Act which requires a State program to be 

adequate to protect public health and safety 

with respect to the materials covered by this 

Agreement and to be compatible with the 

Commission’s program. 

Article IX 

This Agreement shall become effective on 

[date], and shall remain in effect unless and 

until such time as it is terminated pursuant 

to Article VIII. 

For the United States Nuclear Regulatory 

Commission. 

Gregory B. Jaczko, 

Chairman. 

For the State of New Jersey. 

Jon S. Corzine, 

Governor. 

[FR Doc. E9–12260 Filed 5–26–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 03035282; License No. 37– 

30546–01; EA–08–018, 08–019, 08–020; 

NRC–2009–0216] 

In the Matter of Precision Calibration & 

Testing Corporation, York, PA; Order 

Imposing Civil Monetary Penalty 

I 

In 2007, Precision Calibration & 

Testing Corporation (PCT), was the 

holder of a radiography License No. 37– 

30545–01, issued by the Nuclear 

Regulatory Commission (NRC) on 

September 7, 2006. The License 

authorized possession and storage of 

radioactive material only in accordance 

with the conditions specified therein. 

II 

During two NRC inspections 

conducted from March 23 to August 24, 

2007, and two investigations initiated 

on June 13 and August 23, 2007, both 


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25288 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 

of which were completed on November 

29, 2007, violations of NRC 

requirements were identified. A written 

Notice of Violation and Proposed 

Imposition of Civil Penalty (Notice) was 

served upon the Licensee by letter dated 

July 9, 2008. 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 penalty proposed for the 

violations. 

The Licensee responded to the Notice 

in a letter dated August 18, 2008. In its 

response, the Licensee disputed the 

willful aspects of the violations and 

requested mitigation of the associated 

civil penalty. The results of the NRC 

review of the Licensee’s letter is 

described in the Appendix to this Order. 

Further, the basis of this Order is set 

forth in the Appendix to this Order. 

III 

After consideration of the Licensee’s 

response and the statements of fact, 

explanation, and argument for 

mitigation contained therein, as well as 

information gathered by the Office of 

Investigations in assistance to the staff 

(completed on February 20, 2009), the 

NRC staff determined, as set forth in the 

Appendix to this Order, the following: 

(1) The violations occurred as stated, 

with the exception that an example of 

the failure to meet the requirements of 

10 CFR 30.9 was not willful; and, (2) the 

amount of the proposed penalty is 

reduced to result in a civil penalty in 

the amount of $3,250 that is imposed by 

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, within 30 days of the 

date of this Order shall either (1) pay a 

civil penalty in the amount of $3,250, in 

accordance with NUREG/BR–0254; or 

(2) contact the NRC Office of the Chief 

Financial Officer to arrange payment in 

installments over an established time 

period. 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 Flint North, 11555 Rockville 

Pike, Rockville, MD 20852–2738. 

V 

In accordance with 10 CFR 2.202, the 

Licensee must, and any other person 

adversely affected by this Order may, 

submit an answer to this Order within 

30 days of its issuance. In addition, the 

Licensee and any other person adversely 

affected by this Order may request a 

hearing on this Order within 30 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. 

If a person other than the Licensee 

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 a Licensee 

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. Pursuant to 10 CFR 

2.202(c)(2)(i), the Licensee, or any other 

person adversely affected by this Order, 

may, in addition to demanding a 

hearing, at the time the answer is filed 

or sooner, move the presiding officer to 

set aside the immediate effectiveness of 

the Order on the ground that the Order, 

including the need for immediate 

effectiveness, is not based on adequate 

evidence but on mere suspicion, 

unfounded allegations, or error. 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 30 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. An answer or a request for 

hearing shall not stay the immediate 

effectiveness of this Order. 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 issue to 

be considered at such hearing shall be: 

(a) Whether the Licensee is in 

violation of the Commission’s 

requirements as set forth in the Notice 

of Violation referenced in Section II 

above, and as set forth in the Appendix 

to this Order; and, 

(b) Whether, on the basis of such 

violations and the additional violations 

set forth in the Notice of Violation that 

the Licensee admitted, 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 (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 (866) 672–7640, 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 

proceeding, so that the filer need not 

serve the document on those 


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Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 25289 

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 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. 

Dated this 19th day of May 2009. 

For the Nuclear Regulatory Commission. 

Cynthia Carpenter, 

Director, Office of Enforcement. 

[FR Doc. E9–12254 Filed 5–26–09; 8:45 am] 

BILLING CODE 7590–01–P 

SMALL BUSINESS ADMINISTRATION 

Data Collection Available for Public 

Comments and Recommendations 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Small Business 

Administration’s intentions to request 

approval on a new and/or currently 

approved information collection. 

DATES: Submit comments on or before 

July 27, 2009. 

ADDRESSES: Send all comments 

regarding whether these information 

collections are necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collection, to 

Cynthia Pitts, Administrative Officer, 

Office of Disaster Assistance, Small 

Business Administration, 409 3rd Street, 

6th Floor, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Pitts, Administrative Officer, 

Office of Disaster Assistance, 202–205– 

7570, cynthia.pitts@sba.gov, Curtis B. 

Rich, Management Analyst, 202–205– 

7030, curtis.rich@sba.gov. 

SUPPLEMENTARY INFORMATION: This form 

is used to determine application for 

benefits (loan) used to determine 

eligibility and creditworthiness of 

victims who seek Federal assistance to 

implement pre-disaster mitigation 

efforts. 

Title: ‘‘Pre-Disaster Mitigation Loan 

Application.’’ 

Description of Respondents: Small 

Business Lending Companies. 

Form Number: 5M. 

Annual Responses: 5,000. 

Annual Burden: 32. 

Supplementary Information 

SBA Form 700 provides a record of 

interviews for disaster assistance from 

SBA or administratively declared 

disasters, and for some victims in 

Presidential declared disasters. 

Title: ‘‘Disaster Home/Business Loan 

Iniquity Record.’’ 

Description of Respondents: Disaster 

Victims. 

Form Number: 700. 

Annual Responses: 3,261. 

Annual Burden: 815. 

Addresses: Send all comments 

regarding whether this information 

collection is necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collection, to 

Bryan Hooper, Director, Office of Lender 

Oversight, Small Business 

Administration, 409 3rd Street, 8th 

Floor, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Hooper, Director, Office of Lender 

Oversight, 202–205–3049, 

bryan.hooper@sba.gov, Curtis B. Rich, 

Management Analyst, 202–205–7030, 

curtis.rich@sba.gov. 

Supplementary Information 

The information collected through 

these forms from the small business 

applications and participating lenders 

will be used to determine eligibility and 

to properly evaluate the merits of each 

loan request based on each criteria as 

character, capacity, credit collateral, etc. 

for the purpose of extending credit 

under the 7(a) loan program. 

Title: ‘‘Lender Advantage.’’ 

Description of Respondents: 7(a) 

Lenders. 

Form Number’s: 2301, A, B, C. 

Annual Responses: 4,000. 

Annual Burden: 20,000. 

Addresses: Send all comments 

regarding whether this information 

collection is necessary for the proper 

performance of the function of the 

agency, whether the burden estimates 

are accurate, and if there are ways to 

minimize the estimated burden and 

enhance the quality of the collection, to 

Linda Roberts, Director, Office of 

Security Operations, Small Business 

Administration, 409 3rd Street, 5th 

Floor, Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Linda Roberts, Director, Office of 

Security Operations, 202–205–6223, 

linda.roberts@sba.gov, Curtis B. Rich, 

Management Analyst, 202–205–7030, 

curtis.rich@sba.gov. 

Supplementary Information 

The form is used to collect 

information needed to make character 

determinations with respect to applicant 

for monetary loan assistance or 

applicants for participation in SBA 

programs. The information collected is 

used to conduct name checks looking 

for criminal records at the national (FBI) 

and local levels. 

Title: ‘‘Statement of Personal 

History.’’ 


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