Notice of Prospective Patent License, 28585 [05-9937]
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Federal Register / Vol. 70, No. 95 / Wednesday, May 18, 2005 / Notices
this final decision in the Federal
Register.
Signed in Washington, DC this 9th day of
May, 2005.
Jonathan L. Snare,
Acting Assistant Secretary.
[FR Doc. 05–9869 Filed 5–17–05; 8:45 am]
BILLING CODE 4510–26–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice (05–090)]
Notice of Prospective Patent License
National Aeronautics and
Space Administration.
ACTION: Notice of prospective patent
license.
AGENCY:
SUMMARY: NASA hereby gives notice
that Turfgrass Management, Inc., a
Nevada corporation, has applied for a
partially exclusive license to practice
the inventions described and claimed in
U.S. Patent Numbers 5,433,766 (‘‘SlowRelease Fertilizer’’) and 5,451,242
(‘‘Active Synthetic Soil’’). These patents
are assigned to the United States of
America as represented by the
Administrator of the National
Aeronautics and Space Administration.
Written objections to the prospective
grant of a license should be sent to the
Johnson Space Center.
DATES: Responses to this Notice must be
received within 15 days from date of
publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Theodore Ro, Patent Attorney, NASA
Johnson Space Center, Mail Stop AL,
Houston, TX 77058–8452; telephone
(281) 244–7148.
Dated: May 5, 2005.
Keith T. Sefton,
Deputy General Counsel, Administration and
Management.
[FR Doc. 05–9937 Filed 5–17–05; 8:45 am]
BILLING CODE 7510–13–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–33802, License No. 50–
23220–02, and EA–05–023]
In the Matter of R&M Engineering
Consultants, Fairbanks, AK;
Confirmatory Order Modifying License
(Effective Immediately)
R&M Engineering Consultants (R&M
or Licensee) is the holder of NRC
License No. 50–23220–02 issued by the
Nuclear Regulatory Commission (NRC
or Commission) pursuant to 10 CFR Part
VerDate jul<14>2003
14:03 May 17, 2005
Jkt 205001
30. The license authorizes the Licensee
to possess portable nuclear density
gauges containing sealed sources of
byproduct material and maintain them
in storage until termination of the
license. The possession and storage-only
license was originally issued March 24,
1995, was last modified on September
21, 1999, with an expiration date of
February 28, 2005.
An inspection conducted by NRC
Region IV in June 2004 identified an
apparent failure on the part of R&M to
leak-test two portable nuclear density
gauges in accordance with the
conditions of the license. License
Condition 12.D. requires, in part, that no
sealed source or detector cell shall be
stored for a period of more than three
(3) years without being tested for
leakage and/or contamination. This
requirement was proposed by R&M in
information submitted to the NRC with
the 1995 license amendment request to
modify the license to possess and store
byproduct material. In addition, the
inspection identified an apparent failure
on the part of R&M to provide accurate
information to the NRC in accordance
with the requirements of 10 CFR 30.9.
Specifically, Mr. James Wellman,
R&M’s President, informed the NRC in
a September 17, 2002, e-mail that he
had performed leak tests of the gauges
and had sent swabs to Radiation
Detection Company in Sunnyvale,
California for evaluation. The inspection
found no evidence that R&M’s portable
nuclear gauges had been leak-tested
since the possession and storage-only
license was issued in 1995. A follow-up
investigation by the NRC’s Office of
Investigations (OI) concluded in
December 2004 that Mr. Wellman
willfully failed to leak-test the portable
gauges in accordance with the
requirements of the license. In addition,
based on a review of the information in
the investigation report, it appears that
Mr. Wellman willfully failed to provide
NRC accurate information in his
September 2002 e-mail.
On February 8, 2005, representatives
of NRC Region IV contacted Mr.
Wellman by telephone to discuss the
results of the inspection and
investigation. NRC Region IV informed
Mr. Wellman that the NRC was
considering escalated enforcement
action, including possible monetary
civil penalties for the apparent
violations described above. Mr.
Wellman has previously stated his
intent to transfer the gauges and
terminate the license. During the
telephonic discussion, NRC Region IV
asked Mr. Wellman if he would agree to
take prompt action to transfer the gauges
and request termination of R&M’s NRC
PO 00000
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28585
license in lieu of NRC pursuing
escalated enforcement action. Mr.
Wellman agreed to these actions during
the telephone call, and subsequently
consented to these actions in response
to a letter and a copy of the
Confirmatory Order containing the
proposed conditions that the NRC sent
to Mr. Wellman on February 25, 2005.
In a consent form signed on March 16,
2005, R&M Engineering Consultants
agreed to all of the commitments
described in Section IV below. The
Licensee further agreed that this Order
would be effective upon issuance and
that R&M waived its right to a hearing
on this Order. Implementation of these
commitments will ensure that licensed
material is appropriately handled and
disposed of.
I find that the Licensee’s
commitments as described in Section IV
below are acceptable and necessary and
conclude that with these commitments
the public health and safety are
reasonably assured. In view of the
foregoing, I have determined that the
public health and safety require that the
Licensee’s commitments be confirmed
by this Order. Based on the above and
Licensee’s consent, this Order is
immediately effective upon issuance.
Accordingly, pursuant to Sections 161b,
161i, 161o, 182 and 186 of the Atomic
Energy Act of 1954, as amended, and
the Commission’s regulations in 10 CFR
2.202 and 10 CFR Part 30, it is hereby
ordered, effective immediately, that
license No. 50–23220–02 is modified as
follows:
1. Within 30 days of the date of the
Confirmatory Order, leak test and obtain
the results of leak tests for all sealed
sources contained in portable nuclear
gauging devices possessed under the
authority of License No. 50–23220–02.
2. Within 35 days of the date of the
Confirmatory Order, provide the
Director, Division of Nuclear Materials
Safety, NRC Region IV, 611 Ryan Plaza
Drive, Suite 400, Arlington, Texas
76011, with a copy of the results of the
leak tests.
3. Within 45 days of the date of the
Confirmatory Order, complete the
transfer of all portable nuclear gauging
devices possessed under the authority of
License No. 50–23220–02 to an
authorized recipient.
4. Within 50 days of the date of the
Confirmatory Order, provide the
Director, Division of Nuclear Materials
Safety, NRC Region IV, 611 Ryan Plaza
Drive, Suite 400, Arlington, Texas
76011, with copies of documents
demonstrating that the transfer has
taken place.
5. Within 60 days of the date of the
Confirmatory Order, submit to the
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]]>Agencies
[Federal Register Volume 70, Number 95 (Wednesday, May 18, 2005)]
[Notices]
[Page 28585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9937]
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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[Notice (05-090)]
Notice of Prospective Patent License
AGENCY: National Aeronautics and Space Administration.
ACTION: Notice of prospective patent license.
-----------------------------------------------------------------------
SUMMARY: NASA hereby gives notice that Turfgrass Management, Inc., a
Nevada corporation, has applied for a partially exclusive license to
practice the inventions described and claimed in U.S. Patent Numbers
5,433,766 (``Slow-Release Fertilizer'') and 5,451,242 (``Active
Synthetic Soil''). These patents are assigned to the United States of
America as represented by the Administrator of the National Aeronautics
and Space Administration. Written objections to the prospective grant
of a license should be sent to the Johnson Space Center.
DATES: Responses to this Notice must be received within 15 days from
date of publication in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Theodore Ro, Patent Attorney, NASA
Johnson Space Center, Mail Stop AL, Houston, TX 77058-8452; telephone
(281) 244-7148.
Dated: May 5, 2005.
Keith T. Sefton,
Deputy General Counsel, Administration and Management.
[FR Doc. 05-9937 Filed 5-17-05; 8:45 am]
BILLING CODE 7510-13-P
