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5238 Federal Register / Vol. 73, No.

19 / Tuesday, January 29, 2008 / Notices

copies of their filings unless they seek A person filing electronically may held, the issue to be considered at such
a waiver in accordance with the seek assistance through the ‘‘Contact hearing shall be whether this Order
procedures described below. To comply Us’’ link located on the NRC Web site should be sustained. Pursuant to 10 CFR
with the procedural requirements at http://www.nrc.gov/site-help/e- 2.202(c)(2)(i), Mr. Jon Brumer, or any
associated with E-Filing, at least five (5) submittals.html or by calling the NRC other person adversely affected by this
days prior to the filing deadline the technical help line, which is available Order, may, in addition to demanding a
requestor must contact the Office of the between 8:30 a.m. and 4:15 p.m., hearing, at the time the answer is filed
Secretary by e-mail at Eastern Time, Monday through Friday. or sooner, move the presiding officer to
HEARINGDOCKET@NRC.GOV, or by The help line number is (800) 397–4209 set aside the immediate effectiveness of
calling (301) 415–1677, to request (1) a or locally, (301) 415–4737. the Order on the ground that the Order,
digital ID certificate, which allows the Participants who believe that they including the need for immediate
participant (or its counsel or have good cause for not submitting effectiveness, is not based on adequate
representative) to digitally sign documents electronically must file a evidence but on mere suspicion,
documents and access the E-Submittal motion, in accordance with 10CFR unfounded allegations, or error. In the
server for any NRC proceeding in which 2.302(g), with their initial paper filing absence of any request for hearing, or
it is participating; and/or (2) creation of requesting authorization to continue to written approval of an extension of time
an electronic docket for the proceeding submit documents in paper format. in which to request a hearing, the
(even in instances when the requestor Such filings must be submitted by (1) provisions specified in Section IV above
(or its counsel or representative) already first class mail addressed to the Office shall be final 20 days from the date of
holds an NRC-issued digital ID of the Secretary of the Commission, U.S. this Order without further order or
certificate). Each requestor will need to Nuclear Regulatory Commission, proceedings.
download the Workplace Forms Washington, DC 20555–0001, Attention: If an extension of time for requesting
ViewerTM to access the Electronic Rulemaking and Adjudications Staff; or a hearing has been approved, the
Information Exchange (EIE), a (2) courier, express mail, or expedited provisions specified in Section IV shall
component of the E-Filing system. The delivery service to the Office of the be final when the extension expires if a
Workplace Forms ViewerTM is free and Secretary, Sixteenth Floor, One White hearing request has not been received.
is available at http://www.nrc.gov/site- Flint North, 11555 Rockville, Pike, An answer or a request for hearing shall
help/e-submittals/install-viewer.html. Rockville, Maryland, 20852, Attention: not stay the immediate effectiveness of
Information about applying for a digital Rulemaking and Adjudications Staff. this order.
ID certificate also is available on NRC’s Participants filing a document in this Dated this 22nd day of January 2008.
public Web site at http://www.nrc.gov/ manner are responsible for serving the
For the Nuclear Regulatory Commission.
site-help/e-submittals/apply- document on all other participants.
Filing is considered complete by first- Cynthia A. Carpenter,
certificates.html. Director, Office of Enforcement.
class mail as of the time of deposit in
Once a requestor has obtained a [FR Doc. E8–1488 Filed 1–28–08; 8:45 am]
the mail, or by courier, express mail, or
digital ID certificate, had a docket
expedited delivery service upon BILLING CODE 7590–01–P
created, and downloaded the EIE
depositing the document with the
viewer, it can then submit a request for
provider of the service.
a hearing through EIE. Submissions Documents submitted in adjudicatory NUCLEAR REGULATORY
should be in Portable Document Format proceedings will appear in NRC’s COMMISSION
(PDF) in accordance with NRC guidance electronic hearing docket which is
available on the NRC public Web site at [IA–07–029]
available to the public at http://
http://www.nrc.gov/site-help/e- ehd.nrc.gov/EHD_Proceeding/home.asp, In the Matter of Mr. Oscar Aguilar;
submittals.html. A filing is considered unless excluded pursuant to an order of Order Prohibiting Involvement in NRC-
complete at the time the filer submits its the Commission, an Atomic Safety and Licensed Activities (Effective
document through EIE. To be timely, Licensing Board, or a Presiding Officer. Immediately)
electronic filings must be submitted to Participants are requested not to include
the EIE system no later than 11:59 p.m. personal privacy information, such as I
Eastern Time on the due date. Upon social security numbers, home Mr. Oscar Aguilar was employed as a
receipt of a transmission, the E-Filing addresses, or home phone numbers in security officer by The Wackenhut
system time-stamps the document and their filings. With respect to copyrighted Corporation, which provided security
sends the submitter an e-mail notice works, except for limited excerpts that services at Florida Power & Light
confirming receipt of the document. The serve the purpose of the adjudicatory Company’s Turkey Point Nuclear Plant
EIE system also distributes an e-mail filings and would constitute a Fair Use (Licensee) during April of 2004.
notice that provides access to the application. Participants are requested Licensee is the holder of License No.
document to the NRC Office of the not to include copyrighted materials in DPR–31 and DPR–41, issued by the
General Counsel and any others who their works. Nuclear Regulatory Commission (NRC
have advised the Office of the Secretary If a person other than the Mr. Jon or Commission) on July 19, 1972, and
that they wish to participate in the Brumer requests a hearing, that person April 10, 1973, respectively, pursuant to
proceeding, so that the filer need not shall set forth with particularity the 10 CFR Part 50. The license authorizes
serve the document on those manner in which his interest is the operation of Turkey Point Nuclear
participants separately. adversely affected by this Order and Plant (facility) in accordance with the
Therefore, any others who wish to shall address the criteria set forth in 10 conditions specified therein. The
participate in the proceeding (or their CFR 2.309(d).
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facility is located on the Licensee’s site


counsel or representative) must apply If a hearing is requested by Mr. Jon in Florida City, Florida.
for and receive a digital ID certificate Brumer or a person whose interest is
before a hearing request is filed so that adversely affected, the Commission will II
they may obtain access to the document issue an Order designating the time and On February 16, 2006, the NRC
via the E-Filing system. place of any hearings. If a hearing is initiated an Augmented Inspection

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Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Notices 5239

Team on-site inspection to review IV Enforcement, U.S. Nuclear Regulatory


security-related matters at the facility. Accordingly, pursuant to sections Commission, and include a statement of
Subsequently, an investigation was 103, 104b, 161b, 161i, 161o, 182 and good cause for the extension.
initiated by the NRC’s Office of A request for a hearing must be filed
186 of the Atomic Energy Act of 1954,
Investigations (OI) during February in accordance with the NRC E-Filing
as amended, and the Commission’s
2006, in response to concerns identified rule, which the NRC promulgated in
regulations in 10 CFR 2.202, 10 CFR
by the NRC during the on-site August, 2007, 72 FR 49,139 (Aug. 28,
50.5, and 10 CFR 150.20, It is hereby
inspection. During the investigation and 2007). The E-Filing process requires
ordered, effective immediately, that:
inspection, the NRC became aware of an participants to submit and serve
1. Mr. Oscar Aguilar is prohibited for
incident involving firing pins that had documents over the Internet or, in some
five years from the date of this Order
been removed from two contingency cases, to mail copies on electronic
from engaging in NRC-licensed
response weapons in April 2004. NRC optical storage media. Participants may
activities. NRC-licensed activities are not submit paper copies of their filings
inspection confirmed that the missing
those activities that are conducted unless they seek a waiver in accordance
firing pins rendered the weapons non-
pursuant to a specific or general license with the procedures described below.
functional, and as a result, FPL was
issued by the NRC, including, but not To comply with the procedural
determined to be in violation of NRC
limited to, those activities of Agreement requirements associated with E-Filing,
Order and Interim Compensatory
State licensees conducted pursuant to at least five (5) days prior to the filing
Measures, dated February 25, 2002,
the authority granted by 10 CFR 150.20. deadline the requestor must contact the
Section B.4(f). During the OI
2. If Mr. Oscar Aguilar is currently Office of the Secretary by e-mail at
investigation, Mr. Oscar Aguilar
involved with another licensee in HEARINGDOCKET@NRC.GOV, or by
confessed under oath to deliberately
performing NRC-licensed activities, he calling (301) 415–1677, to request (1) a
removing the firing pins from the
contingency response weapons. must immediately cease those activities, digital ID certificate, which allows the
and inform the NRC of the name, participant (or its counsel or
III address and telephone number of the representative) to digitally sign
Based on the above, it appears that employer, and provide a copy of this documents and access the E-Submittal
Mr. Oscar Aguilar, a former employee of order to the employer. server for any NRC proceeding in which
The Wackenhut Corporation, has 3. For a period of three years after the it is participating; and/or (2) creation of
engaged in deliberate misconduct that five-year period of prohibition has an electronic docket for the proceeding
has caused the Licensee to be in expired, Mr. Oscar Aguilar shall, within (even in instances when the requestor
violation of NRC Order and Interim 20 days of acceptance of his first (or its counsel or representative) already
Compensatory Measures, dated employment offer involving NRC- holds an NRC-issued digital ID
February 25, 2002, Section B.4(f). The licensed activities or his becoming certificate). Each requestor will need to
NRC must be able to rely on the involved in NRC-licensed activities, as download the Workplace Forms
Licensee, its contractors, and its defined in Paragraph IV.1 above, ViewerTM to access the Electronic
employees to comply with NRC provide notice to the Director, Office of Information Exchange (EIE), a
requirements. Mr. Oscar Aguilar’s Enforcement, U.S. Nuclear Regulatory component of the E-Filing system. The
actions in causing the Licensee to Commission, Washington, DC 20555– Workplace Forms ViewerTM is free and
violate the NRC Order and Interim 0001, of the name, address, and is available at http://www.nrc.gov/site-
Compensatory Measures, dated telephone number of the employer or help/e-submittals/install-viewer.html.
February 25, 2002, Section B.4(f), have the entity where he is, or will be, Information about applying for a digital
raised serious doubt as to whether he involved in the NRC-licensed activities. ID certificate also is available on NRC’s
can be relied upon to comply with NRC In the notification, Mr. Oscar Aguilar public Web site at http://www.nrc.gov/
requirements. shall include a statement of his site-help/e-submittals/apply-
Consequently, I lack the requisite commitment to compliance with certificates.html.
reasonable assurance that licensed regulatory requirements and the basis Once a requestor has obtained a
activities can be conducted in for why the Commission should have digital ID certificate, had a docket
compliance with the Commission’s confidence that he will now comply created, and downloaded the EIE
requirements and that the health and with applicable NRC requirements. viewer, it can then submit a request for
safety of the public will be protected, The Director, OE, may, in writing, a hearing through EIE. Submissions
and that common defense and security relax or rescind any of the above should be in Portable Document Format
will be achieved if Mr. Oscar Aguilar conditions upon demonstration by Mr. (PDF) in accordance with NRC guidance
were permitted at this time to be Oscar Aguilar of good cause. available on the NRC public Web site at
involved in NRC-licensed activities. http://www.nrc.gov/site-help/e-
Therefore, the public health, safety and V submittals.html. A filing is considered
interest require that Mr. Oscar Aguilar In accordance with 10 CFR 2.202, Mr. complete at the time the filer submits its
be prohibited from any involvement in Oscar Aguilar must, and any other document through EIE. To be timely,
NRC-licensed activities for a period of person adversely affected by this Order electronic filings must be submitted to
five years from the date of this Order. may, submit an answer to this Order the EIE system no later than 11:59 p.m.
Additionally, Mr. Oscar Aguilar is within 20 days of its issuance. In Eastern Time on the due date. Upon
required to notify the NRC of his first addition, Mr. Oscar Aguilar and any receipt of a transmission, the E-Filing
employment in NRC-licensed activities other person adversely affected by this system time-stamps the document and
for a period of three years following the Order may request a hearing on this sends the submitter an e-mail notice
prohibition period. Furthermore, Order within 20 days of its issuance. confirming receipt of the document. The
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pursuant to 10 CFR 2.202, I find that the Where good cause is shown, EIE system also distributes an e-mail
significance of Mr. Oscar Aguilar’s consideration will be given to extending notice that provides access to the
conduct described above is such that the the time to answer or request a hearing. document to the NRC Office of the
public health, safety and interest require A request for extension of time must be General Counsel and any others who
that this Order be immediately effective. directed to the Director, Office of have advised the Office of the Secretary

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5240 Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Notices

that they wish to participate in the If a person other than Mr. Oscar the GSP program. This notice
proceeding, so that the filer need not Aguilar requests a hearing, that person announces those petitions that are
serve the document on those shall set forth with particularity the accepted for further review. This notice
participants separately. Therefore, any manner in which his interest is also sets forth the schedule for comment
others who wish to participate in the adversely affected by this Order and and public hearings on these petitions,
proceeding (or their counsel or shall address the criteria set forth in 10 for requesting participation in the
representative) must apply for and CFR 2.309(d). hearings, and submitting pre-hearing
receive a digital ID certificate before a If a hearing is requested by Mr. Oscar and post-hearing briefs, and for
hearing request is filed so that they may Aguilar or a person whose interest is commenting on the USITC report on
obtain access to the document via the E- adversely affected, the Commission will probable economic effects. The list of
Filing system. issue an Order designating the time and accepted petitions to waive CNLs is
A person filing electronically may place of any hearings. If a hearing is available at: http://www.ustr.gov/Trade_
seek assistance through the ‘‘Contact held, the issue to be considered at such Development/Preference_ Programs/
Us’’ link located on the NRC Web site hearing shall be whether this Order GSP/GSP_ 2007_Annual_ Review/
at http://www.nrc.gov/site-help/e- should be sustained. Pursuant to 10 CFR Section_ Index.html [2007 GSP Review,
submittals.html or by calling the NRC 2.202(c)(2)(i), Mr. Oscar Aguilar, or any List of CNL Waiver Petitions Accepted
technical help line, which is available other person adversely affected by this in the 2007 GSP Annual Review]
between 8:30 a.m. and 4:15 p.m., Order, may, in addition to demanding a FOR FURTHER INFORMATION CONTACT:
Eastern Time, Monday through Friday. hearing, at the time the answer is filed
The help line number is (800) 397–4209 Contact the GSP Subcommittee of the
or sooner, move the presiding officer to Trade Policy Staff Committee, Office of
or locally, (301) 415–4737. set aside the immediate effectiveness of
Participants who believe that they the United States Trade Representative,
the Order on the grounds that the Order, 1724 F Street, NW., Room F–220,
have good cause for not submitting including the need for immediate
documents electronically must file a Washington, DC 20508. The telephone
effectiveness, is not based on adequate number is (202) 395–6971.
motion, in accordance with 10 CFR evidence but on mere suspicion,
2.302(g), with their initial paper filing unfounded allegations, or error. In the DATES: The GSP regulations (15 CFR
requesting authorization to continue to absence of any request for hearing, or Part 2007) provide the schedule of dates
submit documents in paper format. written approval of an extension of time for conducting an annual review unless
Such filings must be submitted by (1) in which to request a hearing, the otherwise specified in a Federal
first class mail addressed to the Office provisions specified in Section IV above Register notice. The current schedule
of the Secretary of the Commission, U.S. shall be final 20 days from the date of with respect to the review of CNL
Nuclear Regulatory Commission, this Order without further order or waiver petitions is set forth below.
Washington, DC 20555–0001, Attention: proceedings. If an extension of time for Notification of any other changes will be
Rulemaking and Adjudications Staff; or given in the Federal Register.
requesting a hearing has been approved,
(2) courier, express mail, or expedited February 22, 2008: Due date for
the provisions specified in Section IV
delivery service to the Office of the submission of pre-hearing briefs,
shall be final when the extension
Secretary, Sixteenth Floor, One White requests to appear at the GSP
expires if a hearing request has not been
Flint North, 11555 Rockville Pike, Subcommittee Public Hearing, and
received. An answer or a request for
Rockville, Maryland 20852, Attention: hearing statements. Include the name,
hearing shall not stay the immediate
Rulemaking and Adjudications Staff. address, telephone, fax, e-mail address
effectiveness of this order.
Participants filing a document in this and organization of witnesses for
manner are responsible for serving the Dated this 22nd day of January, 2008.
accepted CNL waiver petitions on the
document on all other participants. For the Nuclear Regulatory Commission. submission of pre-hearing briefs and
Filing is considered complete by first- Cynthia A. Carpenter, requests to appear at the Hearing.
class mail as of the time of deposit in Director, Office of Enforcement. March 4, 2008: GSP Subcommittee
the mail, or by courier, express mail, or [FR Doc. E8–1489 Filed 1–28–08; 8:45 am] Public Hearing on all CNL waiver
expedited delivery service upon BILLING CODE 7590–01–P petitions accepted for the 2007 GSP
depositing the document with the
Annual Review in Rooms 1 and 2, 1724
provider of the service.
Documents submitted in adjudicatory F St., NW., Washington, DC 20508,
proceedings will appear in NRC’s OFFICE OF THE UNITED STATES beginning at 9 a.m.
electronic hearing docket which is TRADE REPRESENTATIVE March 14, 2008: Due date for
available to the public at http:// submission of post-hearing briefs.
Generalized System of Preferences May 2008: USITC scheduled to
ehd.nrc.gov/EHDlProceeding/ (GSP): Notice Regarding the
home.asp, unless excluded pursuant to publish report on products for which
Acceptance of Competitive Need CNL waivers have been requested in the
an order of the Commission, an Atomic Limitation Waiver Petitions for the
Safety and Licensing Board, or a 2007 GSP Annual Review (cases 2007–
2007 Annual Review 12 to 2007–16). Comments on the
Presiding Officer. Participants are
requested not to include personal AGENCY: Office of the United States USITC report on these products are due
privacy information, such as social Trade Representative. 10 calendar days after USITC date of
security numbers, home addresses, or ACTION: Notice.
publication.
home phone numbers in their filings. June 30, 2008: Modifications to the
With respect to copyrighted works, SUMMARY: The Office of the United list of articles eligible for duty-free
except for limited excerpts that serve States Trade Representative (USTR) treatment under the GSP resulting from
sroberts on PROD1PC70 with NOTICES

the purpose of the adjudicatory filings received petitions in connection with the 2007 Annual Review will be
and would constitute a Fair Use the 2007 GSP Annual Review to waive announced on or about June 30, 2008,
application, participants are requested the competitive need limitations (CNLs) in the Federal Register, and any
not to include copyrighted materials in on imports of certain products that are changes will take effect on the effective
their works. eligible for duty-free treatment under date announced.

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