82_FR_26825 82 FR 26716 - In the Matter of Toby Lashley

82 FR 26716 - In the Matter of Toby Lashley

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 109 (June 8, 2017)

Page Range26716-26719
FR Document2017-11925

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.

Federal Register, Volume 82 Issue 109 (Thursday, June 8, 2017)
[Federal Register Volume 82, Number 109 (Thursday, June 8, 2017)]
[Notices]
[Pages 26716-26719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11925]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[IA-16-049; NRC-2017-0135]


In the Matter of Toby Lashley

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

-----------------------------------------------------------------------

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 http://www.regulations.gov and search for Docket ID NRC-2017-0135. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 http://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 [email protected]. 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: [email protected].

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 
http://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 [email protected], 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 http://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 http://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 http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], 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]
BILLING CODE 7590-01-P



                                                    26716                          Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices

                                                    Patent Counsel, Office of the Chief                     in section 2(b)(4) of the Act, is to                   NUCLEAR REGULATORY
                                                    Counsel, NASA John F. Kennedy Space                     provide people with certain safeguards                 COMMISSION
                                                    Center, Mail Code CC–A, Kennedy                         against an invasion of privacy when a
                                                                                                                                                                   [IA–16–049; NRC–2017–0135]
                                                    Space Center, FL 32899. Telephone:                      Federal agency collects, stores, and uses
                                                    321–867–2076; Facsimile: 321–867–                       personal information. As a result, the                 In the Matter of Toby Lashley
                                                    1817.                                                   Act requires Federal agencies to ensure
                                                                                                            that any record of identifiable personal               AGENCY: Nuclear Regulatory
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            information is current and accurate for                Commission.
                                                    Jonathan Leahy, Patent Attorney, Office
                                                    of the Chief Counsel, Mail Code CC–A,                   its intended use, that the agency is                   ACTION: Order; issuance.
                                                    NASA John F. Kennedy Space Center,                      providing adequate safeguards to
                                                                                                            prevent misuse of such information, and                SUMMARY:    The U.S. Nuclear Regulatory
                                                    Kennedy Space Center, FL 32899.                                                                                Commission (NRC) is issuing an Order
                                                    Telephone: 321–867–6553; Facsimile:                     that the agency is not sharing the
                                                                                                            information unless such action is for a                prohibiting Mr. Toby Lashley from
                                                    321–867–1817.                                                                                                  involvement in NRC-licensed activities
                                                                                                            necessary and lawful purpose. NARA
                                                    SUPPLEMENTARY INFORMATION: This                                                                                for a period of 1 year. The Order also
                                                                                                            follows these principles.
                                                    notice of intent to grant an exclusive                     NARA 31 consisted of information                    requires Mr. Lashley to notify the NRC
                                                    patent license is issued in accordance                  that NARA collected from employees at                  of any current involvement in NRC-
                                                    with 35 U.S.C. 209(c)(1) and 37 CFR                     our College Park facility who were                     licensed activities. Additionally, Mr.
                                                    404.7(a)(1)(i). The patent rights in these              interested in participating in a ride                  Lashley is required to notify the NRC of
                                                    inventions have been assigned to the                    share program we sponsored for                         his first employment in NRC-licensed
                                                    United States of America as represented                 employees’ benefit. The information                    activities for a period of one year
                                                    by the Administrator of the National                    included peoples’ names, addresses,                    following the 1-year prohibition period.
                                                    Aeronautics and Space Administration.                   NARA organizational unit, and work                     DATES: Effective Date: See attachment.
                                                    The prospective exclusive license will                  phone number. We provided the                          ADDRESSES: Please refer to Docket ID
                                                    comply with the requirements of 35                      information to other employees who                     NRC–2017–0135 when contacting the
                                                    U.S.C. 209 and 37 CFR 404.7.                            expressed an interest in sharing rides for
                                                      Information about other NASA                                                                                 NRC about the availability of
                                                                                                            daily commuting to the facility. The                   information regarding this document.
                                                    inventions available for licensing can be               records in this system consisted of both
                                                    found online at http://                                                                                        You may obtain publicly-available
                                                                                                            paper and electronic records, were                     information related to this document
                                                    technology.nasa.gov.                                    temporary in nature, and we routinely                  using any of the following methods:
                                                    Mark P. Dvorscak,                                       destroyed them in accordance with                         • Federal Rulemaking Web site: Go to
                                                    Agency Counsel for Intellectual Property.               disposition instructions in NARA’s                     http://www.regulations.gov and search
                                                    [FR Doc. 2017–11858 Filed 6–7–17; 8:45 am]
                                                                                                            Records Schedule.                                      for Docket ID NRC–2017–0135. Address
                                                                                                               In the last few years, however, the                 questions about NRC dockets to Carol
                                                    BILLING CODE 7510–13–P
                                                                                                            need for an employee ride share                        Gallagher; telephone: 301–415–3463;
                                                                                                            program has died out and we no longer                  email: Carol.Gallagher@nrc.gov. For
                                                                                                            have a reason to maintain the                          technical questions, contact the
                                                    NATIONAL ARCHIVES AND RECORDS                           information or the system. NARA
                                                    ADMINISTRATION                                                                                                 individual listed in the FOR FURTHER
                                                                                                            employees are able to make use of social               INFORMATION CONTACT section of this
                                                    [NARA–2017–041]                                         media and other similar methods to                     document.
                                                                                                            connect with each other and coordinate                    • NRC’s Agencywide Documents
                                                    Privacy Act of 1974; System of                          rides, so the need for the agency to                   Access and Management System
                                                    Records                                                 manage a program is gone. As a result,                 (ADAMS): You may obtain publicly
                                                                                                            and in compliance with the Privacy                     available documents online in the
                                                    AGENCY:  National Archives and Records
                                                                                                            Act’s tenets that any personal                         ADAMS Public Documents collection at
                                                    Administration (NARA).
                                                                                                            information an agency keeps is both up-                http://www.nrc.gov/reading-rm/
                                                    ACTION: Rescinding a System of Records                  to-date relevant, and necessary, we have
                                                    Notice (SORN).                                                                                                 adams.html. To begin the search, select
                                                                                                            closed down the system of records,                     ‘‘ADAMS Public Documents’’ and then
                                                    SUMMARY:   NARA is rescinding its                       destroyed the last version of the                      select ‘‘Begin Web-based ADAMS
                                                    (SORN) for its Ride Share Locator                       information contained within it, and are               Search.’’ For problems with ADAMS,
                                                    Database (NARA 31). We no longer                        now rescinding the SORN for this                       please contact the NRC’s Public
                                                    maintain this information or the system                 system.                                                Document Room (PDR) reference staff at
                                                    of records.                                             System Name and Number:                                1–800–397–4209, 301–415–4737, or by
                                                    DATES: We stopped maintaining this                                                                             email to pdr.resource@nrc.gov. The
                                                                                                              NARA 31, Ride Share Locator                          ADAMS accession number for each
                                                    information and the system of records                   Database.
                                                    on May 2, 2017.                                                                                                document referenced in this document
                                                                                                            HISTORY:                                               (if that document is available in
                                                    ADDRESSES: Send comments on this
                                                                                                              We last reviewed, updated, and                       ADAMS) is provided the first time that
                                                    notice to regulation_comments@
                                                                                                            published the notice for this system of                a document is referenced.
                                                    nara.gov.                                                                                                         • NRC’s PDR: You may examine and
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            records in the Federal Register on
                                                    FOR FURTHER INFORMATION CONTACT:                                                                               purchase copies of public documents at
                                                                                                            December 20, 2013 (78 FR 77255,
                                                    Kimberly Keravuori, External Policy                     December 20, 2013), along with the rest                the NRC’s PDR, Room O1–F21, One
                                                    Program Manager, by telephone at (301)                  of our SORNs.                                          White Flint North, 11555 Rockville
                                                    837–3151 or by email at                                                                                        Pike, Rockville, Maryland 20852.
                                                    kimberly.keravuori@nara.gov.                            David S. Ferriero,                                     FOR FURTHER INFORMATION CONTACT:
                                                    SUPPLEMENTARY INFORMATION: One of the                   Archivist of the United States.                        Thomas Marenchin, Office of
                                                    purposes of the Privacy Act of 1974, as                 [FR Doc. 2017–11887 Filed 6–7–17; 8:45 am]             Enforcement, U.S. Nuclear Regulatory
                                                    amended (5 U.S.C. 552(a)(e)(4)), stated                 BILLING CODE 7515–01–P                                 Commission, Washington DC 20555–


                                               VerDate Sep<11>2014   17:24 Jun 07, 2017   Jkt 241001   PO 00000   Frm 00060   Fmt 4703   Sfmt 4703   E:\FR\FM\08JNN1.SGM   08JNN1


                                                                                   Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices                                             26717

                                                    0001; telephone: 301–287–9518; Email:                   However, on August 13, 2015, the                        IV.
                                                    Thomas.Marenchin@nrc.gov.                               manager observed Mr. Lashley violate                       Accordingly, pursuant to Sections 81,
                                                    SUPPLEMENTARY INFORMATION: The text of                  the requirement despite the verbal                      161b, 161i, 182 and 186 of the Atomic
                                                    the Order is attached.                                  reminder the previous day.                              Energy Act of 1954, as amended, and
                                                      Dated at Rockville, Maryland, this 1st day              During the above, the RSO stated that                 the Commission’s regulations in 10 CFR
                                                    of June 2017.                                           he had observed Mr. Lashley and                         2.202, and 10 CFR 30.10, IT IS HEREBY
                                                      For the Nuclear Regulatory Commission.                another radiographer perform                            ORDERED THAT:
                                                    Patricia K. Holahan,                                    radiographic operations on September                       1. Mr. Toby Lashley is prohibited for
                                                    Director, Office of Enforcement.                        18, 2015. According to the RSO, when                    1 year from the date of this Order from
                                                                                                            the radiographic operations began, Mr.                  engaging in, supervising, directing, or in
                                                    NUCLEAR REGULATORY                                                                                              any other way conducting NRC-licensed
                                                                                                            Lashley sat in the truck facing forward,
                                                    COMMISSION                                                                                                      activities. NRC-licensed activities are
                                                                                                            using his phone and working on his
                                                    [IA–16–049]                                             computer, while the other radiographer                  those activities that are conducted
                                                    In the Matter of Toby Lashley                           worked at the rear of the truck.                        pursuant to a specific or general license
                                                                                                                                                                    issued by the NRC, including, but not
                                                    Order Prohibiting Involvement in NRC                      During the OI interview, Mr. Lashley
                                                                                                                                                                    limited to, those activities of Agreement
                                                    Licensed Activities                                     did not recall receiving any training
                                                                                                                                                                    State licensees conducted in the NRC’s
                                                                                                            from JANX; however, he acknowledged
                                                    I.                                                                                                              jurisdiction pursuant to the authority
                                                                                                            his experience in performing
                                                                                                                                                                    granted by 10 CFR 150.20.
                                                       Mr. Toby Lashley was employed as a                   radiographic operations and was able to
                                                                                                                                                                       2. If Mr. Toby Lashley is currently
                                                    radiographer at JANX Integrity Group                    describe the equipment, its function,
                                                                                                                                                                    engaged in NRC-licensed activities with
                                                    (JANX) located in Parma, Michigan.                      and methods in performing radiography.
                                                    JANX Integrity Group holds License No.                                                                          any licensee, he must immediately cease
                                                                                                            Mr. Lashley recalled the August 2015
                                                    21–16560–01, issued by the U.S.                                                                                 those activities; inform the NRC of the
                                                                                                            events and not having both qualified
                                                    Nuclear Regulatory Commission (NRC                                                                              name, address, and telephone number of
                                                                                                            individuals present during radiographic                 the licensee; and provide a copy of this
                                                    or Commission) pursuant to Title 10 of                  operations. He also recalled the
                                                    the Code of Federal Regulations (10                                                                             Order to the licensee.
                                                                                                            September 18, 2015, confrontation with                     3. For a period of 1 year after the 1-
                                                    CFR) Part 34 on May 12, 2016. The                       the RSO; however, he did not admit to
                                                    license authorizes radiographic                                                                                 year period of prohibition has expired,
                                                                                                            violating the requirement.                              Mr. Toby Lashley shall, within 20 days
                                                    operations in accordance with the
                                                    conditions specified in the license.                      Based on the evidence gathered                        of acceptance of his first employment
                                                                                                            during the OI investigation, on                         offer involving NRC-licensed activities
                                                    II.                                                     September 18, 2015, Mr. Lashley                         or his becoming involved in NRC-
                                                       On January 19, 2016, during a routine                deliberately failed to accompany the                    licensed activities, as defined in
                                                    inspection at JANX, the radiation safety                radiographer during radiographic                        Paragraph IV.1 above, provide notice to
                                                    officer (RSO) informed the inspector                    operations as required by 10 CFR                        the Director, Office of Enforcement,
                                                    that two individuals, Mr. Toby Lashley                  34.41(a).                                               U.S. Nuclear Regulatory Commission,
                                                    and another radiographer, were                                                                                  Washington, DC 20555–0001, of the
                                                                                                            III.                                                    name, address, and telephone number of
                                                    terminated in September 2015 for not
                                                    following NRC regulations. As a result,                    Based on the above, the NRC has                      the employer or the entity where he is,
                                                    the NRC Office of Investigations (OI)                   concluded that Mr. Toby Lashley                         or will be, involved in the NRC-licensed
                                                    initiated an investigation to determine if              engaged in deliberate misconduct in                     activities. In the notification, Mr.
                                                    JANX employees deliberately failed to                   violation of 10 CFR 30.10(a)(1) that                    Lashley shall include a statement of his
                                                    follow NRC regulations. The OI                          caused JANX to be in violation of 10                    commitment to compliance with
                                                    investigation focused, in part, on                      CFR 34.41(a). The NRC must be able to                   regulatory requirements and the basis
                                                    whether Mr. Lashley deliberately failed                 rely on JANX and its employees to                       why the Commission should have
                                                    to be present during radiographic                       comply with NRC requirements. Mr.                       confidence that he will now comply
                                                    operations performed away from a                        Lashley’s actions raised serious doubt as               with applicable NRC requirements.
                                                    permanent radiographic installation,                    to whether he can be relied upon to                        The Director, Office of Enforcement,
                                                    which require two qualified individuals                 comply with NRC requirements.                           or designee, may, in writing, relax,
                                                    to be present. The NRC completed its                                                                            withdraw, or rescind any of the above
                                                    investigation on June 1, 2016.                             Consequently, the NRC lacks the                      conditions upon demonstration by Mr.
                                                       The Region III OI interviewed a                      requisite reasonable assurance that                     Toby Lashley of good cause.
                                                    number of individuals, including a                      licensed activities could be conducted
                                                    regional compliance manager, the RSO,                   in compliance with the Commission’s                     V.
                                                    Mr. Lashley, and two additional                         requirements and that the health and                       In accordance with 10 CFR 2.202, Mr.
                                                    radiographers who had worked with Mr.                   safety of the public would be protected                 Toby Lashley must submit a written
                                                    Lashley. One of the radiographers who                   if Mr. Lashley were permitted at this                   answer to this Order under oath or
                                                    had worked with Mr. Lashley testified                   time to be involved in NRC-licensed                     affirmation within 30 days of its
                                                    that Mr. Lashley would remain in the                    activities. Therefore, the public health,               publication in the Federal Register. Mr.
                                                                                                            safety, and interest require that Mr.
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                                                    truck developing and reading the film                                                                           Lashley’s failure to respond to this
                                                    while he performed most of the work.                    Lashley be prohibited from any                          Order could result in additional
                                                    The radiographer raised the issue to                    involvement in NRC-licensed activities                  enforcement action in accordance with
                                                    JANX management. On August 12, 2015,                    for a period of 1 year from the date of                 the Commission’s Enforcement Policy.
                                                    during an audit, the regional                           this Order. Additionally, Mr. Lashley is                Any person adversely affected by this
                                                    compliance manager verbally reminded                    required to notify the NRC of his first                 Order may submit a written answer to
                                                    Mr. Lashley of the requirement for both                 employment in NRC-licensed activities                   this Order within 30 days of its
                                                    qualified individuals to be present                     for a period of 1 year following the                    publication in the Federal Register. In
                                                    during radiographic operations.                         prohibition period.                                     addition, Mr. Lashley or any other


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                                                    26718                          Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices

                                                    person adversely affected by this Order                 getting-started.html. Once a participant               Rulemaking and Adjudications Staff.
                                                    may request a hearing on this Order                     has obtained a digital ID certificate and              Participants filing adjudicatory
                                                    within 30 days of its publication in the                a docket has been created, the                         documents in this manner are
                                                    Federal Register. Where good cause is                   participant can then submit                            responsible for serving the document on
                                                    shown, consideration will be given to                   adjudicatory documents. Submissions                    all other participants. Filing is
                                                    extending the time to answer or request                 must be in Portable Document Format                    considered complete by first-class mail
                                                    a hearing. A request for extension of                   (PDF). Additional guidance on PDF                      as of the time of deposit in the mail, or
                                                    time must be made in writing to the                     submissions is available on the NRC’s                  by courier, express mail, or expedited
                                                    Director, Office of Enforcement, U.S.                   Public Web site at http://www.nrc.gov/                 delivery service upon depositing the
                                                    Nuclear Regulatory Commission,                          site-help/electronic-sub-ref-mat.html. A               document with the provider of the
                                                    Washington, DC 20555–001, and                           filing is considered complete at the time              service. A presiding officer, having
                                                    include a statement of good cause for                   the document is submitted through the                  granted an exemption request from
                                                    the extension.                                          NRC’s E-Filing system. To be timely, an                using E-Filing, may require a participant
                                                       All documents filed in NRC                           electronic filing must be submitted to                 or party to use E-Filing if the presiding
                                                    adjudicatory proceedings, including a                   the E-Filing system no later than 11:59                officer subsequently determines that the
                                                    request for hearing and petition for                    p.m. Eastern Time on the due date.                     reason for granting the exemption from
                                                    leave to intervene (petition), any motion               Upon receipt of a transmission, the E-                 use of E-Filing no longer exists.
                                                    or other document filed in the                          Filing system time-stamps the document                    Documents submitted in adjudicatory
                                                    proceeding prior to the submission of a                 and sends the submitter an email notice                proceedings will appear in the NRC’s
                                                    request for hearing or petition to                      confirming receipt of the document. The                electronic hearing docket which is
                                                    intervene, and documents filed by                       E-Filing system also distributes an email              available to the Public at https://
                                                    interested governmental entities that                   notice that provides access to the                     adams.nrc.gov/ehd, unless excluded
                                                    request to participate under 10 CFR                     document to the NRC’s Office of the                    pursuant to an Order of the Commission
                                                    2.315(c), must be filed in accordance                   General Counsel and any others who                     or the presiding officer. If you do not
                                                    with the NRC’s E-Filing rule (72 FR                     have advised the Office of the Secretary               have an NRC-issued digital ID certificate
                                                    49139; August 28, 2007, as amended at                   that they wish to participate in the                   as described above, click ‘‘Cancel’’
                                                    77 FR 46562, August 3, 2012). The E-                    proceeding, so that the filer need not                 when the link requests certificates and
                                                    Filing process requires participants to                 serve the document on those                            you will be automatically directed to the
                                                    submit and serve all adjudicatory                       participants separately. Therefore,                    NRC’s electronic hearing dockets where
                                                    documents over the internet, or in some                 applicants and other participants (or                  you will be able to access any publicly
                                                    cases to mail copies on electronic                      their counsel or representative) must                  available documents in a particular
                                                    storage media. Detailed guidance on                     apply for and receive a digital ID                     hearing docket. Participants are
                                                    making electronic submissions may be                    certificate before adjudicatory                        requested not to include personal
                                                    found in the Guidance for Electronic                    documents are filed so that they can                   privacy information, such as social
                                                    Submissions to the NRC and on the                       obtain access to the documents via the                 security numbers, home addresses, or
                                                    NRC’s Web site at http://www.nrc.gov/                   E-Filing system.                                       personal phone numbers in their filings,
                                                    site-help/e-submittals.html. Participants                  A person filing electronically using                unless an NRC regulation or other law
                                                    may not submit paper copies of their                    the NRC’s adjudicatory E-Filing system                 requires submission of such
                                                    filings unless they seek an exemption in                may seek assistance by contacting the                  information. For example, in some
                                                    accordance with the procedures                          NRC’s Electronic Filing Help Desk                      instances, individuals provide home
                                                    described below.                                        through the ‘‘Contact Us’’ link located                addresses in order to demonstrate
                                                       To comply with the procedural                        on the NRC’s Public Web site at http://                proximity to a facility or site. With
                                                    requirements of E-Filing, at least 10                   www.nrc.gov/site-help/e-                               respect to copyrighted works, except for
                                                    days prior to the filing deadline, the                  submittals.html, by email to                           limited excerpts that serve the purpose
                                                    participant should contact the Office of                MSHD.Resource@nrc.gov, or by a toll-                   of the adjudicatory filings and would
                                                    the Secretary by email at                               free call at 1–866–672–7640. The NRC                   constitute a Fair Use application,
                                                    hearing.docket@nrc.gov, or by telephone                 Electronic Filing Help Desk is available               participants are requested not to include
                                                    at 301–415–1677, to (1) request a digital               between 9 a.m. and 6 p.m., Eastern                     copyrighted materials in their
                                                    identification (ID) certificate, which                  Time, Monday through Friday,                           submission.
                                                    allows the participant (or its counsel or               excluding government holidays.                            If a person other than Mr. Toby
                                                    representative) to digitally sign                          Participants who believe that they                  Lashley requests a hearing, that person
                                                    submissions and access the E-Filing                     have good cause for not submitting                     shall set forth with particularity the
                                                    system for any proceeding in which it                   documents electronically must file an                  manner in which his interest is
                                                    is participating; and (2) advise the                    exemption request, in accordance with                  adversely affected by this Order and
                                                    Secretary that the participant will be                  10 CFR 2.302(g), with their initial paper              shall address the criteria set forth in 10
                                                    submitting a petition or other                          filing stating why there is good cause for             CFR 2.309(d) and (f).
                                                    adjudicatory document (even in                          not filing electronically and requesting                  If a hearing is requested by Mr. Toby
                                                    instances in which the participant, or its              authorization to continue to submit                    Lashley or other person whose interest
                                                    counsel or representative, already holds                documents in paper format. Such filings                is adversely affected, the Commission
                                                    an NRC-issued digital ID certificate).                  must be submitted by: (1) first class mail             will issue an Order designating the time
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                                                    Based upon this information, the                        addressed to the Office of the Secretary               and place of any hearings. If a hearing
                                                    Secretary will establish an electronic                  of the Commission, U.S. Nuclear                        is held, the issue to be considered at
                                                    docket for the hearing in this proceeding               Regulatory Commission, Washington,                     such hearing shall be whether this
                                                    if the Secretary has not already                        DC 20555–0001, Attention: Rulemaking                   Order should be sustained. In the
                                                    established an electronic docket.                       and Adjudications Staff; or (2) courier,               absence of any request for hearing, or
                                                       Information about applying for a                     express mail, or expedited delivery                    written approval of an extension of time
                                                    digital ID certificate is available on the              service to the Office of the Secretary,                in which to request a hearing, the
                                                    NRC’s Public Web site at http://                        11555 Rockville Pike, Rockville,                       provisions specified in Section IV above
                                                    www.nrc.gov/site-help/e-submittals/                     Maryland, 20852, Attention:                            shall be final 30 days from the date this


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                                                                                   Federal Register / Vol. 82, No. 109 / Thursday, June 8, 2017 / Notices                                                  26719

                                                    Order is published in the Federal                       dominant or the competitive product                    United States Postal Service to Add
                                                    Register without further order or                       list.                                                  Priority Mail Contract 326 to
                                                    proceedings. If an extension of time for                   Section II identifies the docket                    Competitive Product List and Notice of
                                                    requesting a hearing has been approved,                 number(s) associated with each Postal                  Filing (Under Seal) of Unredacted
                                                    the provisions specified in Section IV                  Service request, the title of each Postal              Governors’ Decision, Contract, and
                                                    shall be final when the extension                       Service request, the request’s acceptance              Supporting Data; Filing Acceptance
                                                    expires if a hearing request has not been               date, and the authority cited by the                   Date: June 2, 2017; Filing Authority: 39
                                                    received.                                               Postal Service for each request. For each              U.S.C. 3642 and 39 CFR 3020.30 et seq.;
                                                                                                            request, the Commission appoints an                    Public Representative: Katalin K.
                                                      Dated at Rockville, Maryland, this 1st day
                                                    of June 2017.                                           officer of the Commission to represent                 Clendenin; Comments Due: June 12,
                                                                                                            the interests of the general public in the             2017.
                                                      For the Nuclear Regulatory Commission.
                                                                                                            proceeding, pursuant to 39 U.S.C. 505                    4. Docket No(s).: MC2017–142 and
                                                    Patricia K. Holahan,
                                                                                                            (Public Representative). Section II also               CP2017–201; Filing Title: Request of the
                                                    Director,
                                                    Office of Enforcement.
                                                                                                            establishes comment deadline(s)                        United States Postal Service to Add
                                                    [FR Doc. 2017–11925 Filed 6–7–17; 8:45 am]              pertaining to each request.                            Priority Mail Express Contract 48 to
                                                                                                               The public portions of the Postal                   Competitive Product List and Notice of
                                                    BILLING CODE 7590–01–P
                                                                                                            Service’s request(s) can be accessed via               Filing (Under Seal) of Unredacted
                                                                                                            the Commission’s Web site (http://                     Governors’ Decision, Contract, and
                                                                                                            www.prc.gov). Non-public portions of                   Supporting Data; Filing Acceptance
                                                    POSTAL REGULATORY COMMISSION                            the Postal Service’s request(s), if any,               Date: June 2, 2017; Filing Authority: 39
                                                                                                            can be accessed through compliance                     U.S.C. 3642 and 39 CFR 3020.30 et seq.;
                                                    [Docket Nos. MC2017–139 and CP2017–198;                 with the requirements of 39 CFR
                                                    MC2017–140 and CP2017–199; MC2017–141                                                                          Public Representative: Katalin K.
                                                    and CP2017–200; MC2017–142 and CP2017–
                                                                                                            3007.40.                                               Clendenin; Comments Due: June 12,
                                                    201]
                                                                                                               The Commission invites comments on                  2017.
                                                                                                            whether the Postal Service’s request(s)                  This notice will be published in the
                                                    New Postal Products                                     in the captioned docket(s) are consistent              Federal Register.
                                                                                                            with the policies of title 39. For
                                                    AGENCY:   Postal Regulatory Commission.                 request(s) that the Postal Service states              Stacy L. Ruble,
                                                    ACTION:   Notice.                                       concern market dominant product(s),                    Secretary.
                                                                                                            applicable statutory and regulatory                    [FR Doc. 2017–11916 Filed 6–7–17; 8:45 am]
                                                    SUMMARY:   The Commission is noticing a                 requirements include 39 U.S.C. 3622, 39                BILLING CODE 7710–FW–P
                                                    recent Postal Service filing for the                    U.S.C. 3642, 39 CFR part 3010, and 39
                                                    Commission’s consideration concerning                   CFR part 3020, subpart B. For request(s)
                                                    negotiated service agreements. This                     that the Postal Service states concern
                                                    notice informs the public of the filing,                                                                       POSTAL SERVICE
                                                                                                            competitive product(s), applicable
                                                    invites public comment, and takes other                 statutory and regulatory requirements                  Sunshine Act Meeting; Temporary
                                                    administrative steps.                                   include 39 U.S.C. 3632, 39 U.S.C. 3633,                Emergency Committee of the Board of
                                                    DATES: Comments are due: June 12,                       39 U.S.C. 3642, 39 CFR part 3015, and                  Governors
                                                    2017.                                                   39 CFR part 3020, subpart B. Comment
                                                                                                            deadline(s) for each request appear in                 DATES AND TIMES:  Tuesday, June 20,
                                                    ADDRESSES:   Submit comments
                                                                                                            section II.                                            2017, at 9:00 a.m.
                                                    electronically via the Commission’s
                                                    Filing Online system at http://                                                                                PLACE: Washington, DC
                                                                                                            II. Docketed Proceeding(s)
                                                    www.prc.gov. Those who cannot submit                                                                           STATUS: Closed.
                                                                                                               1. Docket No(s).: MC2017–139 and
                                                    comments electronically should contact                                                                         MATTERS TO BE CONSIDERED:
                                                                                                            CP2017–198; Filing Title: Request of the
                                                    the person identified in the FOR FURTHER
                                                                                                            United States Postal Service to Add                    Tuesday, June 20, 2017, at 9:00 a.m.
                                                    INFORMATION CONTACT section by
                                                                                                            Priority Mail Contract 324 to
                                                    telephone for advice on filing                                                                                   1. Strategic Issues.
                                                                                                            Competitive Product List and Notice of
                                                    alternatives.                                                                                                    2. Financial Matters.
                                                                                                            Filing (Under Seal) of Unredacted
                                                    FOR FURTHER INFORMATION CONTACT:                        Governors’ Decision, Contract, and                       3. Personnel Matters and
                                                    David A. Trissell, General Counsel, at                  Supporting Data; Filing Acceptance                     Compensation Issues.
                                                    202–789–6820.                                           Date: June 2, 2017; Filing Authority: 39                 4. Executive Session—Discussion of
                                                                                                            U.S.C. 3642 and 39 CFR 3020.30 et seq.;                prior agenda items and Temporary
                                                    SUPPLEMENTARY INFORMATION:
                                                                                                            Public Representative: Lawrence                        Emergency Committee governance.
                                                    Table of Contents                                       Fenster; Comments Due: June 12, 2017                   GENERAL COUNSEL CERTIFICATION: The
                                                    I. Introduction                                            2. Docket No(s).: MC2017–140 and                    General Counsel of the United States
                                                    II. Docketed Proceeding(s)                              CP2017–199; Filing Title: Request of the               Postal Service has certified that the
                                                                                                            United States Postal Service to Add                    meeting may be closed under the
                                                    I. Introduction                                                                                                Government in the Sunshine Act.
                                                                                                            Priority Mail Contract 325 to
                                                      The Commission gives notice that the                  Competitive Product List and Notice of                 CONTACT PERSON FOR MORE INFORMATION:
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    Postal Service filed request(s) for the                 Filing (Under Seal) of Unredacted                      Julie S. Moore, Secretary of the Board,
                                                    Commission to consider matters related                  Governors’ Decision, Contract, and                     U.S. Postal Service, 475 L’Enfant Plaza
                                                    to negotiated service agreement(s). The                 Supporting Data; Filing Acceptance                     SW., Washington, DC 20260–1000.
                                                    request(s) may propose the addition or                  Date: June 2, 2017; Filing Authority: 39               Telephone: (202) 268–4800.
                                                    removal of a negotiated service                         U.S.C. 3642 and 39 CFR 3020.30 et seq.;
                                                    agreement from the market dominant or                   Public Representative: Lawrence                        Julie S. Moore,
                                                    the competitive product list, or the                    Fenster; Comments Due: June 12, 2017.                  Secretary.
                                                    modification of an existing product                        3. Docket No(s).: MC2017–141 and                    [FR Doc. 2017–12033 Filed 6–6–17; 4:15 pm]
                                                    currently appearing on the market                       CP2017–200; Filing Title: Request of the               BILLING CODE 7710–12–P




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Document Created: 2018-11-14 10:07:20
Document Modified: 2018-11-14 10:07:20
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionOrder; issuance.
DatesEffective Date: See attachment.
ContactThomas Marenchin, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington DC 20555- 0001; telephone: 301-287-9518; Email: [email protected]
FR Citation82 FR 26716 

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