Federal Register/Vol. 68, No. 88/Wednesday, May 7
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24510 Federal Register / Vol. 68, No. 88 / Wednesday, May 7, 2003 / Notices displays a currently valid OMB control Comments can also be submitted by violations set forth in the notice of number. telephone at (202) 395–3087. violation that the Licensee admitted, the 1. Type of submission, new, revision, The NRC Clearance Officer is Brenda Order Imposing a Civil Monetary or extension: Revision. Jo. Shelton, 301–415–7233. Penalty should be sustained. 2. The title of the information Dated in Rockville, Maryland, this 1st day Except to the extent an early collection: 10 CFR part 140, ‘‘Financial of May, 2003. settlement or other circumstance Protection Requirements and Indemnity renders them unnecessary, the For the Nuclear Regulatory Commission. Agreements.’’ Licensing Board may, during the course 3. The form number if applicable: Not Brenda Jo. Shelton, of this proceeding, conduct one or more applicable. NRC Clearance Officer, Office of the Chief prehearing conferences and evidentiary 4. How often the collection is Information Officer. hearing sessions. The time and place of required: As necessary in order for NRC [FR Doc. 03–11305 Filed 5–6–03; 8:45 am] these sessions will be announced in to meet its responsibilities called for in BILLING CODE 7590–01–P Licensing Board Orders. sections 170 and 193 of the Atomic For the Atomic Safety and Licensing Energy Act of 1954, as amended (the Board. Act). NUCLEAR REGULATORY COMMISSION Dated in Rockville, Maryland, on April 30, 5. Who will be required or asked to 2003. report: Licensees authorized to operate [Docket No. 30–35594–CivP, ASLBP No. 03– Thomas S. Moore, reactor facilities in accordance with 10 811–02–CivP, EA 02–072] Administrative Judge. CFR part 50 and licensees authorized to construct and operate a uranium Atomic Safety and Licensing Board; [FR Doc. 03–11306 Filed 5–6–03; 8:45 am] enrichment facility in accordance with Notice of Hearing BILLING CODE 7590–01–P 10 CFR parts 40 and 70. 6. An estimate of the number of April 30, 2003. NUCLEAR REGULATORY annual responses: 156. Before Administrative Judges: Thomas S. 7. The estimated number of annual Moore, Chairman, Dr. Charles N. Kelber, Dr. COMMISSION respondents: 91. Peter S. Lam. In the Matter of Advanced [Docket Nos. (as shown in Attachment 1); 8. An estimate of the total number of Medical Imaging and Nuclear Services License Nos. (as shown in Attachment 1); hours needed annually to complete the (Easton, Pennsylvania); Order Imposing Civil EA–03–038] Monetary Penalty. requirement or request: 1,382. 9. An indication of whether section This proceeding involves a proposed All Operating Power Reactor 3507(d), Pub. L. 104–13 applies: N/A. civil penalty of $43,200 sought to be Licensees; Order Modifying Licenses 10. Abstract: 10 CFR part 140 of the imposed by the Nuclear Regulatory (Effective Immediately) NRC’s regulations specifies information Commission on Advanced Medical The licensees identified in to be submitted by licensees to enable Imaging and Nuclear Services Attachment 1 to this Order hold licenses the NRC to assess (a) the financial (Licensee), for alleged violations of issued by the U.S. Nuclear Regulatory protection required of licensees and for provisions of its license and the Commission (NRC or Commission) the indemnification and limitation of Commission’s regulations. In response authorizing operation of nuclear power liability of certain licensees and other to an Order Imposing a Civil Monetary plants in accordance with the Atomic persons pursuant to section 170 of the Penalty, dated February 19, 2003 and Energy Act of 1954 and Title 10 of the Atomic Energy Act of 1954, as amended, published at 68 FR 10049 (Mar. 3, 2003), Code of Federal Regulations (10 CFR) and (b) the liability insurance required the Licensee on March 24, 2003 filed a part 50. Commission regulations at 10 of uranium enrichment facility licensees timely request for an enforcement CFR 50.54(p)(1) require these licensees pursuant to section 193 of the Atomic hearing. Thereafter, on April 8, 2003, to maintain safeguards contingency plan Energy Act of 1954, as amended. this Atomic Safety and Licensing Board procedures in accordance with 10 CFR A copy of the final supporting was established to preside over the part 73, Appendix C. Specific statement may be viewed free of charge hearing. See 68 FR 17969 (Apr. 14, safeguards requirements for reactors are at the NRC Public Document Room, One 2003). contained in 10 CFR 73.55. White Flint North, 11555 Rockville Notice is hereby given that by Order On September 11, 2001, terrorists Pike, Room O–1 F21, Rockville, MD dated April 30, 2003, the Atomic Safety simultaneously attacked targets in New 20852. OMB clearance requests are and Licensing Board has granted the York, NY, and Washington, DC, available at the NRC worldwide Web request for a hearing submitted by the utilizing large commercial aircraft as site: http://www.nrc.gov/public-involve/ Licensee. This proceeding will be weapons. In response to the attacks and doc-comment/omb/index.html. The conducted under the Commission’s intelligence information subsequently document will be available on the NRC hearing procedures set forth in 10 CFR obtained, the Commission issued a home page site for 60 days after the part 2, subparts B and G. Parties to the number of Safeguards and Threat signature date of this notice. proceeding are Advanced Medical Advisories to its licensees in order to Comments and questions should be Imaging and Nuclear Services and the strengthen licensees’ capabilities and directed to the OMB reviewer listed NRC Staff. The issues to be considered, readiness to respond to a potential below by June 6, 2003. Comments as set forth in the Order Imposing a attack on a nuclear facility. On February received after this date will be Civil Monetary Penalty, are (a) whether 25, 2002, the Commission issued Orders considered if it is practical to do so, but the Licensee was in violation of the to the licensees of operating power assurance of consideration cannot be Commission’s requirements as set forth reactors to put the actions taken in given to comments received after this in violations B and C of the written response to the Advisories in the date. notice of violation and proposed established regulatory framework and to Bryon Allen, Office of Information and imposition of civil penalty served upon implement additional security Regulatory Affairs (3150–0039), the Licensee by letter dated October 22, enhancements which emerged from the NEOB–10202, Office of Management 2002; and (b) whether, on the basis of NRC’s ongoing comprehensive security and Budget, Washington, DC 20503. such violations, and the additional review. VerDate Jan<31>2003 19:20 May 06, 2003 Jkt 200001 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 E:\FR\FM\07MYN1.SGM 07MYN1 Federal Register / Vol. 68, No. 88 / Wednesday, May 7, 2003 / Notices 24511 Work hour demands on nuclear requirements would cause the Licensee Office of Nuclear Reactor Regulation, facility security force personnel have to be in violation of the provisions of U.S. Nuclear Regulatory Commission, increased substantially since the any Commission regulation or the Washington, DC 20555, and include a September 11, 2001 attacks and the facility license. The notification shall statement of good cause for the current threat environment continues to provide the Licensee’s justification for extension. The answer may consent to require heightened security measures. seeking relief from or variation of any this Order. Unless the answer consents The Commission has determined that specific requirement. to this Order, the answer shall, in the security measures addressed by the 2. Any Licensee that considers that writing and under oath or affirmation, enclosed compensatory measures are implementation of any of the specifically set forth the matters of fact required to be implemented by licensees requirements described in Attachment 2 and law on which the Licensee or other as prudent measures to address issues to this Order would adversely impact person adversely affected relies and the that may arise from work-hour related safe operation of the facility must notify reasons as to why the Order should not fatigue of nuclear facility security force the Commission, within thirty-five (35) have been issued. Any answer or personnel. Therefore, the Commission is days of this Order, of the adverse safety request for a hearing shall be submitted imposing requirements, as set forth in impact, the basis for its determination to the Secretary, Office of the Secretary Attachment 2 of this Order, on all that the requirement has an adverse of the Commission, U.S. Nuclear licensees of these facilities. These safety impact, and either a proposal for Regulatory Commission, ATTN: requirements, which supplement achieving the same objectives specified Rulemakings and Adjudications Staff, existing regulatory requirements, will in the Attachment 2 requirement in Washington, DC 20555. Copies also provide the Commission with question, or a schedule for modifying shall be sent to the Director, Office of reasonable assurance that the public the facility to address the adverse safety Nuclear Reactor Regulation, U.S. health and safety and common defense condition. If neither approach is Nuclear Regulatory Commission, and security continue to be adequately appropriate, the Licensee must Washington, DC 20555; to the Assistant protected. These requirements will supplement its response to Condition General Counsel for Materials Litigation remain in effect until the Commission B.1 of this Order to identify the and Enforcement at the same address; to determines otherwise. condition as a requirement with which the Regional Administrator for NRC In order to provide assurance that it cannot comply, with attendant Region I, II, III, or IV, as appropriate for licensees are implementing prudent justifications as required in Condition the specific facility; and to the Licensee measures to achieve a consistent level of B.1.