In the Matter of Toby Lashley, 26716-26719 [2017-11925]
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices
Patent Counsel, Office of the Chief
Counsel, NASA John F. Kennedy Space
Center, Mail Code CC–A, Kennedy
Space Center, FL 32899. Telephone:
321–867–2076; Facsimile: 321–867–
1817.
FOR FURTHER INFORMATION CONTACT:
Jonathan Leahy, Patent Attorney, Office
of the Chief Counsel, Mail Code CC–A,
NASA John F. Kennedy Space Center,
Kennedy Space Center, FL 32899.
Telephone: 321–867–6553; Facsimile:
321–867–1817.
SUPPLEMENTARY INFORMATION: This
notice of intent to grant an exclusive
patent license is issued in accordance
with 35 U.S.C. 209(c)(1) and 37 CFR
404.7(a)(1)(i). The patent rights in these
inventions have been assigned to the
United States of America as represented
by the Administrator of the National
Aeronautics and Space Administration.
The prospective exclusive license will
comply with the requirements of 35
U.S.C. 209 and 37 CFR 404.7.
Information about other NASA
inventions available for licensing can be
found online at https://
technology.nasa.gov.
Mark P. Dvorscak,
Agency Counsel for Intellectual Property.
[FR Doc. 2017–11858 Filed 6–7–17; 8:45 am]
BILLING CODE 7510–13–P
NATIONAL ARCHIVES AND RECORDS
ADMINISTRATION
[NARA–2017–041]
Privacy Act of 1974; System of
Records
National Archives and Records
Administration (NARA).
ACTION: Rescinding a System of Records
Notice (SORN).
AGENCY:
NARA is rescinding its
(SORN) for its Ride Share Locator
Database (NARA 31). We no longer
maintain this information or the system
of records.
DATES: We stopped maintaining this
information and the system of records
on May 2, 2017.
ADDRESSES: Send comments on this
notice to regulation_comments@
nara.gov.
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SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kimberly Keravuori, External Policy
Program Manager, by telephone at (301)
837–3151 or by email at
kimberly.keravuori@nara.gov.
SUPPLEMENTARY INFORMATION: One of the
purposes of the Privacy Act of 1974, as
amended (5 U.S.C. 552(a)(e)(4)), stated
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in section 2(b)(4) of the Act, is to
provide people with certain safeguards
against an invasion of privacy when a
Federal agency collects, stores, and uses
personal information. As a result, the
Act requires Federal agencies to ensure
that any record of identifiable personal
information is current and accurate for
its intended use, that the agency is
providing adequate safeguards to
prevent misuse of such information, and
that the agency is not sharing the
information unless such action is for a
necessary and lawful purpose. NARA
follows these principles.
NARA 31 consisted of information
that NARA collected from employees at
our College Park facility who were
interested in participating in a ride
share program we sponsored for
employees’ benefit. The information
included peoples’ names, addresses,
NARA organizational unit, and work
phone number. We provided the
information to other employees who
expressed an interest in sharing rides for
daily commuting to the facility. The
records in this system consisted of both
paper and electronic records, were
temporary in nature, and we routinely
destroyed them in accordance with
disposition instructions in NARA’s
Records Schedule.
In the last few years, however, the
need for an employee ride share
program has died out and we no longer
have a reason to maintain the
information or the system. NARA
employees are able to make use of social
media and other similar methods to
connect with each other and coordinate
rides, so the need for the agency to
manage a program is gone. As a result,
and in compliance with the Privacy
Act’s tenets that any personal
information an agency keeps is both upto-date relevant, and necessary, we have
closed down the system of records,
destroyed the last version of the
information contained within it, and are
now rescinding the SORN for this
system.
System Name and Number:
NARA 31, Ride Share Locator
Database.
HISTORY:
We last reviewed, updated, and
published the notice for this system of
records in the Federal Register on
December 20, 2013 (78 FR 77255,
December 20, 2013), along with the rest
of our SORNs.
David S. Ferriero,
Archivist of the United States.
[FR Doc. 2017–11887 Filed 6–7–17; 8:45 am]
BILLING CODE 7515–01–P
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NUCLEAR REGULATORY
COMMISSION
[IA–16–049; NRC–2017–0135]
In the Matter of Toby Lashley
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
prohibiting Mr. Toby Lashley from
involvement in NRC-licensed activities
for a period of 1 year. The Order also
requires Mr. Lashley to notify the NRC
of any current involvement in NRClicensed activities. Additionally, Mr.
Lashley is required to notify the NRC of
his first employment in NRC-licensed
activities for a period of one year
following the 1-year prohibition period.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID
NRC–2017–0135 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0135. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘ADAMS Public Documents’’ and then
select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Thomas Marenchin, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington DC 20555–
SUMMARY:
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices
0001; telephone: 301–287–9518; Email:
Thomas.Marenchin@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated at Rockville, Maryland, this 1st day
of June 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
NUCLEAR REGULATORY
COMMISSION
[IA–16–049]
In the Matter of Toby Lashley
Order Prohibiting Involvement in NRC
Licensed Activities
I.
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Mr. Toby Lashley was employed as a
radiographer at JANX Integrity Group
(JANX) located in Parma, Michigan.
JANX Integrity Group holds License No.
21–16560–01, issued by the U.S.
Nuclear Regulatory Commission (NRC
or Commission) pursuant to Title 10 of
the Code of Federal Regulations (10
CFR) Part 34 on May 12, 2016. The
license authorizes radiographic
operations in accordance with the
conditions specified in the license.
II.
On January 19, 2016, during a routine
inspection at JANX, the radiation safety
officer (RSO) informed the inspector
that two individuals, Mr. Toby Lashley
and another radiographer, were
terminated in September 2015 for not
following NRC regulations. As a result,
the NRC Office of Investigations (OI)
initiated an investigation to determine if
JANX employees deliberately failed to
follow NRC regulations. The OI
investigation focused, in part, on
whether Mr. Lashley deliberately failed
to be present during radiographic
operations performed away from a
permanent radiographic installation,
which require two qualified individuals
to be present. The NRC completed its
investigation on June 1, 2016.
The Region III OI interviewed a
number of individuals, including a
regional compliance manager, the RSO,
Mr. Lashley, and two additional
radiographers who had worked with Mr.
Lashley. One of the radiographers who
had worked with Mr. Lashley testified
that Mr. Lashley would remain in the
truck developing and reading the film
while he performed most of the work.
The radiographer raised the issue to
JANX management. On August 12, 2015,
during an audit, the regional
compliance manager verbally reminded
Mr. Lashley of the requirement for both
qualified individuals to be present
during radiographic operations.
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However, on August 13, 2015, the
manager observed Mr. Lashley violate
the requirement despite the verbal
reminder the previous day.
During the above, the RSO stated that
he had observed Mr. Lashley and
another radiographer perform
radiographic operations on September
18, 2015. According to the RSO, when
the radiographic operations began, Mr.
Lashley sat in the truck facing forward,
using his phone and working on his
computer, while the other radiographer
worked at the rear of the truck.
During the OI interview, Mr. Lashley
did not recall receiving any training
from JANX; however, he acknowledged
his experience in performing
radiographic operations and was able to
describe the equipment, its function,
and methods in performing radiography.
Mr. Lashley recalled the August 2015
events and not having both qualified
individuals present during radiographic
operations. He also recalled the
September 18, 2015, confrontation with
the RSO; however, he did not admit to
violating the requirement.
Based on the evidence gathered
during the OI investigation, on
September 18, 2015, Mr. Lashley
deliberately failed to accompany the
radiographer during radiographic
operations as required by 10 CFR
34.41(a).
III.
Based on the above, the NRC has
concluded that Mr. Toby Lashley
engaged in deliberate misconduct in
violation of 10 CFR 30.10(a)(1) that
caused JANX to be in violation of 10
CFR 34.41(a). The NRC must be able to
rely on JANX and its employees to
comply with NRC requirements. Mr.
Lashley’s actions raised serious doubt as
to whether he can be relied upon to
comply with NRC requirements.
Consequently, the NRC lacks the
requisite reasonable assurance that
licensed activities could be conducted
in compliance with the Commission’s
requirements and that the health and
safety of the public would be protected
if Mr. Lashley were permitted at this
time to be involved in NRC-licensed
activities. Therefore, the public health,
safety, and interest require that Mr.
Lashley be prohibited from any
involvement in NRC-licensed activities
for a period of 1 year from the date of
this Order. Additionally, Mr. Lashley is
required to notify the NRC of his first
employment in NRC-licensed activities
for a period of 1 year following the
prohibition period.
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IV.
Accordingly, pursuant to Sections 81,
161b, 161i, 182 and 186 of the Atomic
Energy Act of 1954, as amended, and
the Commission’s regulations in 10 CFR
2.202, and 10 CFR 30.10, IT IS HEREBY
ORDERED THAT:
1. Mr. Toby Lashley is prohibited for
1 year from the date of this Order from
engaging in, supervising, directing, or in
any other way conducting 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 in the NRC’s
jurisdiction pursuant to the authority
granted by 10 CFR 150.20.
2. If Mr. Toby Lashley is currently
engaged in NRC-licensed activities with
any licensee, he must immediately cease
those activities; inform the NRC of the
name, address, and telephone number of
the licensee; and provide a copy of this
Order to the licensee.
3. For a period of 1 year after the 1year period of prohibition has expired,
Mr. Toby Lashley shall, within 20 days
of acceptance of his first employment
offer involving NRC-licensed activities
or his becoming involved in NRClicensed 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. In the notification, Mr.
Lashley shall include a statement of his
commitment to compliance with
regulatory requirements and the basis
why the Commission should have
confidence that he will now comply
with applicable NRC requirements.
The Director, Office of Enforcement,
or designee, may, in writing, relax,
withdraw, or rescind any of the above
conditions upon demonstration by Mr.
Toby Lashley of good cause.
V.
In accordance with 10 CFR 2.202, Mr.
Toby Lashley must submit a written
answer to this Order under oath or
affirmation within 30 days of its
publication in the Federal Register. Mr.
Lashley’s failure to respond to this
Order could result in additional
enforcement action in accordance with
the Commission’s Enforcement Policy.
Any person adversely affected by this
Order may submit a written answer to
this Order within 30 days of its
publication in the Federal Register. In
addition, Mr. Lashley or any other
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices
person adversely affected by this Order
may request a hearing on this Order
within 30 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 made in writing to the
Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–001, and
include a statement of good cause for
the extension.
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), 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 that
request to participate under 10 CFR
2.315(c), must be filed in accordance
with the NRC’s E-Filing rule (72 FR
49139; August 28, 2007, as amended at
77 FR 46562, August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the
NRC’s Web site at https://www.nrc.gov/
site-help/e-submittals.html. 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 (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (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/
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getting-started.html. Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
Public Web site at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is 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 document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s Public Web site at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a tollfree call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have 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 stating why there is good cause for
not filing electronically and 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,
11555 Rockville Pike, Rockville,
Maryland, 20852, Attention:
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Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents 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://
adams.nrc.gov/ehd, unless excluded
pursuant to an Order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click ‘‘Cancel’’
when the link requests certificates and
you will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. 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. Toby
Lashley 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 Mr. Toby
Lashley or other 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 30 days from the date this
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Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices
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 at Rockville, Maryland, this 1st day
of June 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director,
Office of Enforcement.
[FR Doc. 2017–11925 Filed 6–7–17; 8:45 am]
BILLING CODE 7590–01–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2017–139 and CP2017–198;
MC2017–140 and CP2017–199; MC2017–141
and CP2017–200; MC2017–142 and CP2017–
201]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
negotiated service agreements. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: June 12,
2017.
SUMMARY:
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
asabaliauskas on DSKBBXCHB2PROD with NOTICES
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the market dominant or
the competitive product list, or the
modification of an existing product
currently appearing on the market
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dominant or the competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Service request, the title of each Postal
Service request, the request’s acceptance
date, and the authority cited by the
Postal Service for each request. For each
request, the Commission appoints an
officer of the Commission to represent
the interests of the general public in the
proceeding, pursuant to 39 U.S.C. 505
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
The public portions of the Postal
Service’s request(s) can be accessed via
the Commission’s Web site (https://
www.prc.gov). Non-public portions of
the Postal Service’s request(s), if any,
can be accessed through compliance
with the requirements of 39 CFR
3007.40.
The Commission invites comments on
whether the Postal Service’s request(s)
in the captioned docket(s) are consistent
with the policies of title 39. For
request(s) that the Postal Service states
concern market dominant product(s),
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
U.S.C. 3642, 39 CFR part 3010, and 39
CFR part 3020, subpart B. For request(s)
that the Postal Service states concern
competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3015, and
39 CFR part 3020, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2017–139 and
CP2017–198; Filing Title: Request of the
United States Postal Service to Add
Priority Mail Contract 324 to
Competitive Product List and Notice of
Filing (Under Seal) of Unredacted
Governors’ Decision, Contract, and
Supporting Data; Filing Acceptance
Date: June 2, 2017; Filing Authority: 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.;
Public Representative: Lawrence
Fenster; Comments Due: June 12, 2017
2. Docket No(s).: MC2017–140 and
CP2017–199; Filing Title: Request of the
United States Postal Service to Add
Priority Mail Contract 325 to
Competitive Product List and Notice of
Filing (Under Seal) of Unredacted
Governors’ Decision, Contract, and
Supporting Data; Filing Acceptance
Date: June 2, 2017; Filing Authority: 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.;
Public Representative: Lawrence
Fenster; Comments Due: June 12, 2017.
3. Docket No(s).: MC2017–141 and
CP2017–200; Filing Title: Request of the
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United States Postal Service to Add
Priority Mail Contract 326 to
Competitive Product List and Notice of
Filing (Under Seal) of Unredacted
Governors’ Decision, Contract, and
Supporting Data; Filing Acceptance
Date: June 2, 2017; Filing Authority: 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.;
Public Representative: Katalin K.
Clendenin; Comments Due: June 12,
2017.
4. Docket No(s).: MC2017–142 and
CP2017–201; Filing Title: Request of the
United States Postal Service to Add
Priority Mail Express Contract 48 to
Competitive Product List and Notice of
Filing (Under Seal) of Unredacted
Governors’ Decision, Contract, and
Supporting Data; Filing Acceptance
Date: June 2, 2017; Filing Authority: 39
U.S.C. 3642 and 39 CFR 3020.30 et seq.;
Public Representative: Katalin K.
Clendenin; Comments Due: June 12,
2017.
This notice will be published in the
Federal Register.
Stacy L. Ruble,
Secretary.
[FR Doc. 2017–11916 Filed 6–7–17; 8:45 am]
BILLING CODE 7710–FW–P
POSTAL SERVICE
Sunshine Act Meeting; Temporary
Emergency Committee of the Board of
Governors
Tuesday, June 20,
2017, at 9:00 a.m.
PLACE: Washington, DC
STATUS: Closed.
MATTERS TO BE CONSIDERED:
DATES AND TIMES:
Tuesday, June 20, 2017, at 9:00 a.m.
1. Strategic Issues.
2. Financial Matters.
3. Personnel Matters and
Compensation Issues.
4. Executive Session—Discussion of
prior agenda items and Temporary
Emergency Committee governance.
GENERAL COUNSEL CERTIFICATION: The
General Counsel of the United States
Postal Service has certified that the
meeting may be closed under the
Government in the Sunshine Act.
CONTACT PERSON FOR MORE INFORMATION:
Julie S. Moore, Secretary of the Board,
U.S. Postal Service, 475 L’Enfant Plaza
SW., Washington, DC 20260–1000.
Telephone: (202) 268–4800.
Julie S. Moore,
Secretary.
[FR Doc. 2017–12033 Filed 6–6–17; 4:15 pm]
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[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26716-26719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11925]
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NUCLEAR REGULATORY COMMISSION
[IA-16-049; NRC-2017-0135]
In the Matter of Toby Lashley
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order prohibiting Mr. Toby Lashley from involvement in NRC-licensed
activities for a period of 1 year. The Order also requires Mr. Lashley
to notify the NRC of any current involvement in NRC-licensed
activities. Additionally, Mr. Lashley is required to notify the NRC of
his first employment in NRC-licensed activities for a period of one
year following the 1-year prohibition period.
DATES: Effective Date: See attachment.
ADDRESSES: Please refer to Docket ID NRC-2017-0135 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0135. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to pdr.resource@nrc.gov. The
ADAMS accession number for each document referenced in this document
(if that document is available in ADAMS) is provided the first time
that a document is referenced.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Thomas Marenchin, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington DC 20555-
[[Page 26717]]
0001; telephone: 301-287-9518; Email: Thomas.Marenchin@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated at Rockville, Maryland, this 1st day of June 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Office of Enforcement.
NUCLEAR REGULATORY COMMISSION
[IA-16-049]
In the Matter of Toby Lashley
Order Prohibiting Involvement in NRC Licensed Activities
I.
Mr. Toby Lashley was employed as a radiographer at JANX Integrity
Group (JANX) located in Parma, Michigan. JANX Integrity Group holds
License No. 21-16560-01, issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) pursuant to Title 10 of the Code of
Federal Regulations (10 CFR) Part 34 on May 12, 2016. The license
authorizes radiographic operations in accordance with the conditions
specified in the license.
II.
On January 19, 2016, during a routine inspection at JANX, the
radiation safety officer (RSO) informed the inspector that two
individuals, Mr. Toby Lashley and another radiographer, were terminated
in September 2015 for not following NRC regulations. As a result, the
NRC Office of Investigations (OI) initiated an investigation to
determine if JANX employees deliberately failed to follow NRC
regulations. The OI investigation focused, in part, on whether Mr.
Lashley deliberately failed to be present during radiographic
operations performed away from a permanent radiographic installation,
which require two qualified individuals to be present. The NRC
completed its investigation on June 1, 2016.
The Region III OI interviewed a number of individuals, including a
regional compliance manager, the RSO, Mr. Lashley, and two additional
radiographers who had worked with Mr. Lashley. One of the radiographers
who had worked with Mr. Lashley testified that Mr. Lashley would remain
in the truck developing and reading the film while he performed most of
the work. The radiographer raised the issue to JANX management. On
August 12, 2015, during an audit, the regional compliance manager
verbally reminded Mr. Lashley of the requirement for both qualified
individuals to be present during radiographic operations. However, on
August 13, 2015, the manager observed Mr. Lashley violate the
requirement despite the verbal reminder the previous day.
During the above, the RSO stated that he had observed Mr. Lashley
and another radiographer perform radiographic operations on September
18, 2015. According to the RSO, when the radiographic operations began,
Mr. Lashley sat in the truck facing forward, using his phone and
working on his computer, while the other radiographer worked at the
rear of the truck.
During the OI interview, Mr. Lashley did not recall receiving any
training from JANX; however, he acknowledged his experience in
performing radiographic operations and was able to describe the
equipment, its function, and methods in performing radiography. Mr.
Lashley recalled the August 2015 events and not having both qualified
individuals present during radiographic operations. He also recalled
the September 18, 2015, confrontation with the RSO; however, he did not
admit to violating the requirement.
Based on the evidence gathered during the OI investigation, on
September 18, 2015, Mr. Lashley deliberately failed to accompany the
radiographer during radiographic operations as required by 10 CFR
34.41(a).
III.
Based on the above, the NRC has concluded that Mr. Toby Lashley
engaged in deliberate misconduct in violation of 10 CFR 30.10(a)(1)
that caused JANX to be in violation of 10 CFR 34.41(a). The NRC must be
able to rely on JANX and its employees to comply with NRC requirements.
Mr. Lashley's actions raised serious doubt as to whether he can be
relied upon to comply with NRC requirements.
Consequently, the NRC lacks the requisite reasonable assurance that
licensed activities could be conducted in compliance with the
Commission's requirements and that the health and safety of the public
would be protected if Mr. Lashley were permitted at this time to be
involved in NRC-licensed activities. Therefore, the public health,
safety, and interest require that Mr. Lashley be prohibited from any
involvement in NRC-licensed activities for a period of 1 year from the
date of this Order. Additionally, Mr. Lashley is required to notify the
NRC of his first employment in NRC-licensed activities for a period of
1 year following the prohibition period.
IV.
Accordingly, pursuant to Sections 81, 161b, 161i, 182 and 186 of
the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202, and 10 CFR 30.10, IT IS HEREBY ORDERED
THAT:
1. Mr. Toby Lashley is prohibited for 1 year from the date of this
Order from engaging in, supervising, directing, or in any other way
conducting 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 in the NRC's jurisdiction pursuant
to the authority granted by 10 CFR 150.20.
2. If Mr. Toby Lashley is currently engaged in NRC-licensed
activities with any licensee, he must immediately cease those
activities; inform the NRC of the name, address, and telephone number
of the licensee; and provide a copy of this Order to the licensee.
3. For a period of 1 year after the 1-year period of prohibition
has expired, Mr. Toby Lashley shall, within 20 days of acceptance of
his first employment offer involving NRC-licensed 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. In the
notification, Mr. Lashley shall include a statement of his commitment
to compliance with regulatory requirements and the basis why the
Commission should have confidence that he will now comply with
applicable NRC requirements.
The Director, Office of Enforcement, or designee, may, in writing,
relax, withdraw, or rescind any of the above conditions upon
demonstration by Mr. Toby Lashley of good cause.
V.
In accordance with 10 CFR 2.202, Mr. Toby Lashley must submit a
written answer to this Order under oath or affirmation within 30 days
of its publication in the Federal Register. Mr. Lashley's failure to
respond to this Order could result in additional enforcement action in
accordance with the Commission's Enforcement Policy. Any person
adversely affected by this Order may submit a written answer to this
Order within 30 days of its publication in the Federal Register. In
addition, Mr. Lashley or any other
[[Page 26718]]
person adversely affected by this Order may request a hearing on this
Order within 30 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
made in writing to the Director, Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-001, and include a
statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), 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 that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562, August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC's Web site at
https://www.nrc.gov/site-help/e-submittals.html. 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 (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's Public Web site at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
Public Web site at https://www.nrc.gov/site-help/e-submittals.html, by
email to MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., Eastern Time, Monday through Friday, excluding government
holidays.
Participants who believe that they have 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
stating why there is good cause for not filing electronically and
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, 11555
Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents 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://adams.nrc.gov/ehd, unless excluded pursuant to an Order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click ``Cancel'' when the
link requests certificates and you will be automatically directed to
the NRC's electronic hearing dockets where you will be able to access
any publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. 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. Toby Lashley 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 Mr. Toby Lashley or other 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 30 days
from the date this
[[Page 26719]]
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 at Rockville, Maryland, this 1st day of June 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director,
Office of Enforcement.
[FR Doc. 2017-11925 Filed 6-7-17; 8:45 am]
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