In the Matter of Mr. Timothy Goold; Order Prohibiting Involvement in NRC-Licensed Activities, 39270-39273 [2012-16172]
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Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Notices
Federal grant-making agency and is the
primary source of Federal support for
the Nation’s 123,000 libraries and
17,500 museums. IMLS provides a
variety of grant programs to assist the
Nation’s museums and libraries in
improving their operations and
enhancing their services to the public.
IMLS is responsible for identifying
national needs for, and trends of,
museum and library services funded by
IMLS; reporting on the impact and
effectiveness of programs conducted
with funds made available by IMLS in
addressing such needs; and identifying,
and disseminating information on, the
best practices of such programs. (20
U.S.C. Chapter 72, 20 U.S.C. 9108).
Abstract: The purpose of the
information collection is to develop a
national database of museums for use by
museums, museum professionals, IMLS,
policy makers, researchers, and the
general public. Information such as
name, address, phone, email, Web site,
staff size, program details, collections
care and other institutional will be
collected. The proposed information
collection, which is the subject of this
notice, would establish a
comprehensive, reliable database about
the size, distribution and scope of the
museum sector in the U.S.
Current Actions: This notice proposes
clearance of the IMLS Museum Web
Database: MuseumsCount.gov
collection. The 60-day notice for the
IMLS Museum Web Database:
MuseumsCount.gov collection was
published in the Federal Register on
September 2, 2011, (FR vol. 76, No. 171,
pg. 54807). No comments were received.
Agency: Institute of Museum and
Library Services.
Title: IMLS Museum Web Database,
MuseumsCount.gov.
OMB Number: To be determined.
Agency Number: 3137.
Frequency: Annually.
Affected Public: General public,
museums, museum professional
associations, museum professionals, and
museum organizations associated with
Indian tribes (including any Alaska
native village, regional corporation, or
village corporation), and organizations
that primarily serve and represent
Native Hawaiians.
Number of Respondents: 39,000.
Estimated Time per Respondent: 25
minutes.
Total Burden Hours: 16,250.
Total Cost for Respondents: $330,524.
Total Annualized Capital/Startup
Costs: $350,000.
FOR FURTHER INFORMATION CONTACT:
Comments should be sent to Office of
Information and Regulatory Affairs,
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Attn.: OMB Desk Officer for Education,
Office of Management and Budget,
Room 10235, Washington, DC 20503,
202–395–7316.
Dated: June 27, 2012.
Kim A. Miller,
Management Analyst, Institute of Museum
& Library Services.
[FR Doc. 2012–16164 Filed 6–29–12; 8:45 am]
BILLING CODE 7036–01–P
NATIONAL LABOR RELATIONS
BOARD
Sunshine Act Meetings: July 2012
All meetings are held
at 2:30 p.m.
Tuesday, July 3;
Tuesday, July 10;
Wednesday, July 11;
Thursday, July 12;
Tuesday, July 17;
Wednesday, July 18;
Thursday, July 19;
Tuesday, July 24;
Wednesday, July 25;
Thursday, July 26;
Tuesday, July 31.
PLACE: Board Agenda Room, No. 11820,
1099 14th St. NW., Washington DC
20570.
STATUS: Closed.
MATTERS TO BE CONSIDERED: Pursuant to
§ 102.139(a) of the Board’s Rules and
Regulations, the Board or a panel
thereof will consider ‘‘the issuance of a
subpoena, the Board’s participation in a
civil action or proceeding or an
arbitration, or the initiation, conduct, or
disposition * * * of particular
representation or unfair labor practice
proceedings under section 8, 9, or 10 of
the [National Labor Relations] Act, or
any court proceedings collateral or
ancillary thereto.’’ See also 5 U.S.C.
552b(c)(10).
DATED: June 28, 2012.
CONTACT PERSON FOR MORE INFORMATION:
Lester A. Heltzer, Executive Secretary,
(202) 273–1067.
TIME AND DATES:
Lester A. Heltzer,
Executive Secretary.
[FR Doc. 2012–16275 Filed 6–28–12; 4:15 pm]
BILLING CODE 7545–01–P
NATIONAL SCIENCE FOUNDATION
National Science Board; Sunshine Act
Meetings; Notice
The National Science Board, pursuant
to NSF regulations (45 CFR part 614),
the National Science Foundation Act, as
amended (42 U.S.C. 1862n-5), and the
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Government in the Sunshine Act (5
U.S.C. 552b), hereby gives notice in
regard to the scheduling of a
teleconference for the transaction of
National Science Board business and
other matters specified, as follows:
DATE AND TIME: Friday, July 6, 2012, 12
p.m.–1 p.m. EDT.
SUBJECT MATTER: Discussion of future
planning for data policies.
STATUS: Closed.
This meeting will be held by
teleconference at the National Science
Board Office, National Science
Foundation, 4201Wilson Blvd.,
Arlington, VA 22230.
UPDATES & POINT OF CONTACT: Please
refer to the National Science Board Web
site www.nsf.gov/nsb for information
and schedule updates, or contact: Ann
Ferrante, National Science Board Office,
4201Wilson Blvd., Arlington, VA 22230.
Telephone: (703) 292–7000.
Ann Bushmiller,
Senior Counsel to the National Science Board.
[FR Doc. 2012–16273 Filed 6–28–12; 4:15 pm]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0156; IA–12–014]
In the Matter of Mr. Timothy Goold;
Order Prohibiting Involvement in NRCLicensed Activities
I
Mr. Timothy Goold was employed as
a radiographer at JANX Integrity Group,
Inc. (JANX), at a temporary jobsite on
Spy Island, Alaska during July 2011.
JANX is the holder of the U.S. Nuclear
Regulatory Commission (NRC or
Commission’s) Materials License No.
21–16560–01 which authorized, at the
time, specific activities involving
byproduct, source, and/or special
nuclear material.
II
On July 27, 2011, the NRC conducted
an unannounced inspection of JANX’s
radiographic activities on Spy Island.
The inspector observed Mr. Goold
performing radiography without a
second qualified radiographer present.
When the inspector approached Mr.
Goold to inquire about the location of
the second qualified radiographer, Mr.
Goold disconnected the camera from the
crank and guide tube, placed the camera
on a snowmobile used to transport it to
the radiography truck and departed,
telling the inspector he would return
shortly. When the inspector walked to
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the radiography truck, Mr. Goold again
left, and avoided the inspector. Because
the second qualified radiographer also
left in order to find Mr. Goold, and did
not return for approximately 2 hours,
the NRC’s ability to inspect all aspects
of JANX’s radiographic operations was
severely impacted. The NRC Office of
Investigations (OI) began an
investigation on October 31, 2011, to
determine, in part, whether Mr. Goold:
(1) Willfully performed radiography
without a second person present, and
(2) willfully impeded the NRC’s
inspection by avoiding the NRC
inspector. In the non-public letter dated
March 15, 2012, the NRC informed Mr.
Goold that the NRC was considering
escalated enforcement action for two
apparent violations of Title 10 of the
Code of Federal Regulations (10 CFR)
30.10, the NRC’s deliberate misconduct
rule. The NRC offered Mr. Goold the
opportunity to respond in writing,
request a predecisional enforcement
conference or request alternative
dispute resolution (ADR) with the NRC
in an attempt to resolve issues
associated with this matter. Mr. Goold
provided a written response on April 9,
2012.
Based on the NRC review of the
information obtained during the
inspection, the investigation, and
contained in Mr. Goold’s letter of April
9, 2012, the NRC identified two
violations of the NRC’s rule prohibiting
deliberate misconduct, 10 CFR 30.10.
First, Mr. Goold engaged in deliberate
misconduct in violation of 10 CFR
30.10(a)(1) by performing radiography
without a second person present
causing JANX to be in violation of 10
CFR 34.41(a). During the investigation,
Mr. Goold acknowledged performing
radiography without a second qualified
radiographer present and that he
understood the requirement. A licensee
official testified during the investigation
that the licensee had previously
identified an occasion where Mr. Goold
had performed radiography alone and
the licensee had informed him of the
consequences, should it happen again.
The NRC inspector observed the second
qualified radiographer collect the
radiography films and leave the area
after which Mr. Goold proceeded with
radiographic operations.
Second, Mr. Goold again engaged in
deliberate misconduct in violation of 10
CFR 30.10(a)(1) when he deliberately
avoided the inspector by leaving when
the inspector questioned him regarding
the whereabouts of the second qualified
radiographer. In addition, when the
inspector walked over to the
radiography truck, Mr. Goold again
avoided the inspector by leaving the
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area. This caused JANX to be in
violation of 10 CFR 30.52(a). During the
investigation, Mr. Goold admitted to
being scared and sitting in the smoke
shack during the inspection to avoid the
inspector.
III
Based on the above, the NRC has
concluded that Mr. Timothy Goold, a
former employee of JANX engaged in
deliberate misconduct that caused JANX
to be in violation of 10 CFR 34.41(a) and
10 CFR 30.52(a) and constitutes a
violation of 10 CFR 30.10(a)(1).
The NRC must be able to rely on the
licensees and their employees to comply
with NRC requirements in order to
ensure public health and safety. Mr.
Goold’s actions caused JANX to violate
10 CFR 34.41(a) and 10 CFR 30.52(a)
and have raised serious doubt as to
whether he can be relied upon to
comply with NRC requirements and
now and in the future.
Consequently, I lack the requisite
reasonable assurance that licensed
activities can be conducted in
compliance with the Commission’s
requirements and that the health and
safety of the public will be protected if
Mr. Goold were permitted at this time
to be involved in NRC-licensed
activities. Therefore, the public health,
safety, and interest require that Mr.
Goold be prohibited from any
involvement in NRC-licensed activities
for a period of one year from the
effective date of this Order, as defined
in Section V.
Additionally Mr. Goold is required to
notify the NRC of his first employment
in NRC-licensed activities for a period
of one year following the prohibition
period.
IV
Accordingly, pursuant to Sections 81,
161b, 161i, 161o, 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, 10 CFR Parts
20, 34, and 10 CFR 150.20, it is hereby
ordered that:
1. Mr. Timothy Goold is prohibited
for one year from the effective date of
this Order, as defined in Section V, from
involvement in the performance of NRC
licensed activities. This includes, but is
not limited to:
(a) Industrial radiography for an NRC
licensee, including, but not limited to,
radiography conducted under the
authority of a license issued pursuant to
10 CFR Part 34; and
(b) industrial radiography for an
Agreement State licensee that is
conducted in non-Agreement States, in
areas of exclusive federal jurisdiction
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within Agreement States, or in offshore
waters under an NRC general license
granted pursuant to 10 CFR 150.20.
2. If, as of the effective date of this
Order, Mr. Goold is currently involved
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. For a period of one year after the
one year period of prohibition has
expired, Mr. Goold shall, within 30 days
of acceptance of his first employment
offer involving NRC-licensed activities
or his becoming involved in NRClicensed activities, 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. In the notification, Mr. Goold
shall include a statement of his
commitment to compliance with NRC
regulatory requirements and the basis
for why the Commission should have
confidence that he will now comply
with applicable NRC requirements.
The Director, Office of Enforcement,
may, in writing, relax or rescind any of
the above conditions upon
demonstration by Mr. Goold of good
cause.
V
In accordance with 10 CFR 2.202, Mr.
Goold must, and any other person
adversely affected by this Order may,
submit an answer to this Order within
20 days of its publication in the Federal
Register. In addition, Mr. Goold and any
other person adversely affected by this
Order 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 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.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing, a petition for leave
to intervene, any motion or other
document filed in the proceeding prior
to the submission of a request for
hearing or petition to intervene, and
documents filed by interested
governmental entities participating
under 10 CFR 2.315(c), must be filed in
accordance with the NRC E-Filing rule
(72 FR 49139; August 28, 2007). The
E-Filing process requires participants to
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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 an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 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 (2) advise the
Secretary that the participant will be
submitting a request or petition for
hearing (even in instances in which the
participant, or its counsel or
representative, already holds an NRCissued digital ID certificate). Based upon
this information, the Secretary will
establish an electronic docket for the
hearing in this proceeding if the
Secretary has not already established an
electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public Web site at https://
www.nrc.gov/site-help/e-submittals/
apply-certificates.html. System
requirements for accessing the ESubmittal server are detailed in the
NRC’s ‘‘Guidance for Electronic
Submission,’’ which is available on the
agency’s public Web site at https://
www.nrc.gov/site-help/esubmittals.html. Participants may
attempt to use other software not listed
on the Web site, but should note that the
NRC’s E-Filing system does not support
unlisted software, and the NRC Meta
System Help Desk will not be able to
offer assistance in using unlisted
software.
If a participant is electronically
submitting a document to the NRC in
accordance with the E-Filing rule, the
participant must file the document
using the NRC’s online, web-based
submission form. In order to serve
documents through the Electronic
Information Exchange System, users
will be required to install a web browser
plug-in from the NRC’s Web site.
Further information on the web-based
submission form, including the
installation of the Web browser plug-in,
is available on the NRC’s public Web
site at https://www.nrc.gov/site-help/
e-submittals.html.
Once a participant has obtained a
digital ID certificate and a docket has
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been created, the participant can then
submit a request for hearing or petition
for leave to intervene. Submissions
should be in Portable Document Format
(PDF) in accordance with the NRC
guidance available on the NRC’s public
Web site at https://www.nrc.gov/sitehelp/e-submittals.html. A filing is
considered complete at the time the
documents are submitted through the
NRC’s E–Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s 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 may seek assistance by
contacting the NRC Meta System Help
Desk through the ‘‘Contact Us’’ link
located on the NRC’s Web site at
https://www.nrc.gov/site-help/
e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Meta System Help Desk is available
between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, 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
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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. A presiding
officer, having granted an exemption
request from using E-Filing, may require
a participant or party to use E-Filing if
the presiding officer subsequently
determines that the reason for granting
the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is
available to the public at https://
ehd1.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission,
or the 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,
unless an NRC regulation or other law
requires submission of such
information. 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.
If a person other than Mr. Goold
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) and
(f).
If a hearing is requested by the
recipient 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 this
Order is published in the Federal
Register 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 25th day of June 2012.
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For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2012–16172 Filed 6–29–12; 8:45 am]
BILLING CODE 7590–01–P
OCCUPATIONAL SAFETY AND
HEALTH REVIEW COMMISSION
Proposed Information Collection;
Comment Request
Occupational Safety and Health
Review Commission.
ACTION: Notice of request for public
comment and submission to OMB of
proposed collection of information.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995 (PRA)
(44 U.S.C. 3501 et seq.), on April 4, 2012
(77 FR 20442), the Occupational Safety
and Health Review Commission
(OSHRC) published a 60-day notice in
the Federal Register soliciting public
comment on the proposed information
collection described below.
In further compliance with the PRA,
OSHRC now publishes this second
notice announcing the submission of its
proposed collection to the Office of
Management and Budget (OMB) for
review and notifying the public about
how to submit comments on the
proposed collection to OMB during the
30-day comment period.
DATES: Comments must be submitted to
OMB on or before August 1, 2012.
ADDRESSES: Submit all comments to the
Office of Information and Regulatory
Affairs, Attn: OMB Desk Officer for the
Occupational Safety and Health Review
Commission, Office of Management and
Budget, Room 10235, Washington, DC
20503, Telephone: (202) 395–6929/Fax:
(202) 395–6881 (these are not toll-free
numbers), email:
OIRA_submission@omb.eop.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for information or copies of the
proposed information collection
instrument should be directed to John
X. Cerveny, Deputy Executive Secretary,
Occupational Safety and Health Review
Commission, 1120 20th Street NW.,
Ninth Floor, Washington, DC 20036–
3457; Telephone (202) 606–5706; email
address: pracomments@oshrc.gov.
SUPPLEMENTARY INFORMATION: OSHRC’s
Settlement Part program, codified at 29
CFR 2200.120, is designed to encourage
settlements on contested citations
issued by the U.S. Department of
Labor’s Occupational Safety and Health
Administration (OSHA) and to reduce
litigation costs. The program requires
employers who receive job safety or
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health citations that include proposed
penalties of $100,000 or more in total to
participate in formal settlement talks
presided over by an OSHRC
Administrative Law Judge. If settlement
efforts fail, the case would continue
under OSHRC’s conventional
proceedings, usually before a judge
other than the one who presided over
the settlement proceedings.
OSHRC previously submitted for
OMB review a proposed information
collection from participants in the
Settlement Part program. A copy of that
information collection request (ICR),
reference number 201202–3202–001,
with applicable supporting
documentation, may be obtained from
the RegInfo.gov Web site, https://
www.reginfo.gov/public/do/PRAMain,
or by contacting John X. Cerveny,
Deputy Executive Secretary,
Occupational Safety and Health Review
Commission, 1120 20th Street NW.,
Ninth Floor, Washington, DC 20036–
3457; Telephone (202) 606–5706; email
address: pracomments@oshrc.gov.
OSHRC proposes to conduct a second
voluntary survey of employer,
Department of Labor (OSHA) personnel
(decision makers), Authorized
Employee Representatives, and their
representatives, including attorneys,
who personally participated in OSHRC
cases between February 15, 2011 and
June 30, 2012, where a total proposed
penalty between $50,000 and $99,999
was involved and where OSHRC
Settlement Part Process procedures were
not used. The cases would include those
settled by the parties without an OSHRC
judge conducting a face-to-face
settlement proceeding, as well as any
cases within the above dollar range that
went to a trial on the merits. These cases
would be considered part of a control
group. Participant responses will be
used for comparative purposes and to
facilitate our understanding of the
efficacy of the Settlement Part program.
The proposed information collection
instrument is a written survey
consisting of a series of questions to
determine participants’ level of
satisfaction with OSHRC processes and
outcomes. They are intended to take a
respondent no more than 30 minutes to
complete. The respondents may skip
any questions that they do not feel
comfortable answering, and are
permitted to comment further on their
experiences at the end of the
questionnaire.
OSHRC has submitted this second
proposed information collection to OMB
for review, as required by the PRA.
OSHRC invites comments to be
submitted to OMB on: (1) Whether the
proposed collection of information is
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39273
necessary for the proper performance of
the agency’s functions, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information to be
collected; and (4) ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques,
when appropriate, and other forms of
information technology.
OMB Control Number: Not applicable,
new request.
Form Number: Not applicable.
Type of Review: Regular submission
(new information collection).
Title: Survey of Participants in
OSHRC Conventional Proceedings
where between $50,000 and $99,999 is
at issue.
Description: Information collection
required to evaluate the Review
Commission’s Settlement Part process.
Affected Public: Employer and
Department of Labor (OSHA) personnel
(decision makers), Authorized
Employee Representatives, and their
representatives, including attorneys,
who have personally participated in
OSHRC cases between February 15,
2011 and June 30, 2012, where a total
proposed penalty between $50,000 and
$99,999 was involved and where
OSHRC Settlement Part Process
procedures were not used.
Estimated Number of Respondents:
300.
Estimated Time per Response: 30
minutes.
Estimated Total Reporting Burden:
150 hours.
Obligation to respond: Voluntary.
Dated: June 26, 2012.
Debra Hall,
Executive Director.
[FR Doc. 2012–16158 Filed 6–29–12; 8:45 am]
BILLING CODE 7600–01–P
POSTAL REGULATORY COMMISSION
[Docket No. CP2012–39; Order No. 1382]
Express Mail Rates
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recently-filed Postal Service request to
implement prices for a new Express
Mail Padded Flat Rate Envelope. This
notice addresses procedural steps
associated with these filings.
SUMMARY:
E:\FR\FM\02JYN1.SGM
02JYN1
Agencies
[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Notices]
[Pages 39270-39273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16172]
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NUCLEAR REGULATORY COMMISSION
[NRC-2012-0156; IA-12-014]
In the Matter of Mr. Timothy Goold; Order Prohibiting Involvement
in NRC-Licensed Activities
I
Mr. Timothy Goold was employed as a radiographer at JANX Integrity
Group, Inc. (JANX), at a temporary jobsite on Spy Island, Alaska during
July 2011. JANX is the holder of the U.S. Nuclear Regulatory Commission
(NRC or Commission's) Materials License No. 21-16560-01 which
authorized, at the time, specific activities involving byproduct,
source, and/or special nuclear material.
II
On July 27, 2011, the NRC conducted an unannounced inspection of
JANX's radiographic activities on Spy Island. The inspector observed
Mr. Goold performing radiography without a second qualified
radiographer present. When the inspector approached Mr. Goold to
inquire about the location of the second qualified radiographer, Mr.
Goold disconnected the camera from the crank and guide tube, placed the
camera on a snowmobile used to transport it to the radiography truck
and departed, telling the inspector he would return shortly. When the
inspector walked to
[[Page 39271]]
the radiography truck, Mr. Goold again left, and avoided the inspector.
Because the second qualified radiographer also left in order to find
Mr. Goold, and did not return for approximately 2 hours, the NRC's
ability to inspect all aspects of JANX's radiographic operations was
severely impacted. The NRC Office of Investigations (OI) began an
investigation on October 31, 2011, to determine, in part, whether Mr.
Goold: (1) Willfully performed radiography without a second person
present, and (2) willfully impeded the NRC's inspection by avoiding the
NRC inspector. In the non-public letter dated March 15, 2012, the NRC
informed Mr. Goold that the NRC was considering escalated enforcement
action for two apparent violations of Title 10 of the Code of Federal
Regulations (10 CFR) 30.10, the NRC's deliberate misconduct rule. The
NRC offered Mr. Goold the opportunity to respond in writing, request a
predecisional enforcement conference or request alternative dispute
resolution (ADR) with the NRC in an attempt to resolve issues
associated with this matter. Mr. Goold provided a written response on
April 9, 2012.
Based on the NRC review of the information obtained during the
inspection, the investigation, and contained in Mr. Goold's letter of
April 9, 2012, the NRC identified two violations of the NRC's rule
prohibiting deliberate misconduct, 10 CFR 30.10. First, Mr. Goold
engaged in deliberate misconduct in violation of 10 CFR 30.10(a)(1) by
performing radiography without a second person present causing JANX to
be in violation of 10 CFR 34.41(a). During the investigation, Mr. Goold
acknowledged performing radiography without a second qualified
radiographer present and that he understood the requirement. A licensee
official testified during the investigation that the licensee had
previously identified an occasion where Mr. Goold had performed
radiography alone and the licensee had informed him of the
consequences, should it happen again. The NRC inspector observed the
second qualified radiographer collect the radiography films and leave
the area after which Mr. Goold proceeded with radiographic operations.
Second, Mr. Goold again engaged in deliberate misconduct in
violation of 10 CFR 30.10(a)(1) when he deliberately avoided the
inspector by leaving when the inspector questioned him regarding the
whereabouts of the second qualified radiographer. In addition, when the
inspector walked over to the radiography truck, Mr. Goold again avoided
the inspector by leaving the area. This caused JANX to be in violation
of 10 CFR 30.52(a). During the investigation, Mr. Goold admitted to
being scared and sitting in the smoke shack during the inspection to
avoid the inspector.
III
Based on the above, the NRC has concluded that Mr. Timothy Goold, a
former employee of JANX engaged in deliberate misconduct that caused
JANX to be in violation of 10 CFR 34.41(a) and 10 CFR 30.52(a) and
constitutes a violation of 10 CFR 30.10(a)(1).
The NRC must be able to rely on the licensees and their employees
to comply with NRC requirements in order to ensure public health and
safety. Mr. Goold's actions caused JANX to violate 10 CFR 34.41(a) and
10 CFR 30.52(a) and have raised serious doubt as to whether he can be
relied upon to comply with NRC requirements and now and in the future.
Consequently, I lack the requisite reasonable assurance that
licensed activities can be conducted in compliance with the
Commission's requirements and that the health and safety of the public
will be protected if Mr. Goold were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety, and interest require that Mr. Goold be prohibited from any
involvement in NRC-licensed activities for a period of one year from
the effective date of this Order, as defined in Section V.
Additionally Mr. Goold is required to notify the NRC of his first
employment in NRC-licensed activities for a period of one year
following the prohibition period.
IV
Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 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, 10 CFR Parts 20, 34, and 10
CFR 150.20, it is hereby ordered that:
1. Mr. Timothy Goold is prohibited for one year from the effective
date of this Order, as defined in Section V, from involvement in the
performance of NRC licensed activities. This includes, but is not
limited to:
(a) Industrial radiography for an NRC licensee, including, but not
limited to, radiography conducted under the authority of a license
issued pursuant to 10 CFR Part 34; and
(b) industrial radiography for an Agreement State licensee that is
conducted in non-Agreement States, in areas of exclusive federal
jurisdiction within Agreement States, or in offshore waters under an
NRC general license granted pursuant to 10 CFR 150.20.
2. If, as of the effective date of this Order, Mr. Goold is
currently involved 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. For a period of one year after the one year period of
prohibition has expired, Mr. Goold shall, within 30 days of acceptance
of his first employment offer involving NRC-licensed activities or his
becoming involved in NRC-licensed activities, 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. In the notification, Mr. Goold shall include a
statement of his commitment to compliance with NRC regulatory
requirements and the basis for why the Commission should have
confidence that he will now comply with applicable NRC requirements.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Goold of
good cause.
V
In accordance with 10 CFR 2.202, Mr. Goold must, and any other
person adversely affected by this Order may, submit an answer to this
Order within 20 days of its publication in the Federal Register. In
addition, Mr. Goold and any other person adversely affected by this
Order 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 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.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to
[[Page 39272]]
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 an exemption
in accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at hearing.docket@nrc.gov, or by
telephone at 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 (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at https://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a web browser plug-in from the NRC's
Web site.
Further information on the web-based submission form, including the
installation of the Web browser plug-in, is available on the NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with the NRC guidance
available on the NRC's public Web site at https://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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 may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's Web site
at https://www.nrc.gov/site-help/e-submittals.html, by email at
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, 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 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. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is available to the public at
https://ehd1.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission, or the 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, unless an NRC
regulation or other law requires submission of such information. 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.
If a person other than Mr. Goold 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) and (f).
If a hearing is requested by the recipient 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 this Order is published in the Federal Register 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 25th day of June 2012.
[[Page 39273]]
For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2012-16172 Filed 6-29-12; 8:45 am]
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