In the Matter of Mr. Michael T. Hackett; Confirmatory Order (Effective Immediately), 39340-39343 [E9-18821]
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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices
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historically valuable records and
authorize the disposal of all other
records after the agency no longer needs
them to conduct its business. Some
schedules are comprehensive and cover
all the records of an agency or one of its
major subdivisions. Most schedules,
however, cover records of only one
office or program or a few series of
records. Many of these update
previously approved schedules, and
some include records proposed as
permanent.
The schedules listed in this notice are
media neutral unless specified
otherwise. An item in a schedule is
media neutral when the disposition
instructions may be applied to records
regardless of the medium in which the
records are created and maintained.
Items included in schedules submitted
to NARA on or after December 17, 2007,
are media neutral unless the item is
limited to a specific medium. (See 36
CFR 1228.24(b)(3).)
No Federal records are authorized for
destruction without the approval of the
Archivist of the United States. This
approval is granted only after a
thorough consideration of their
administrative use by the agency of
origin, the rights of the Government and
of private persons directly affected by
the Government’s activities, and
whether or not they have historical or
other value.
Besides identifying the Federal
agencies and any subdivisions
requesting disposition authority, this
public notice lists the organizational
unit(s) accumulating the records or
indicates agency-wide applicability in
the case of schedules that cover records
that may be accumulated throughout an
agency. This notice provides the control
number assigned to each schedule, the
total number of schedule items, and the
number of temporary items (the records
proposed for destruction). It also
includes a brief description of the
temporary records. The records
schedule itself contains a full
description of the records at the file unit
level as well as their disposition. If
NARA staff has prepared an appraisal
memorandum for the schedule, it too
includes information about the records.
Further information about the
disposition process is available on
request.
Schedules Pending
1. Department of Agriculture, Risk
Management Agency (N1–258–08–14, 3
items, 3 temporary items). Records
relating to legal matters, including such
records as legal opinions and records
relating to hearings and other legal
proceedings.
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2. Department of Agriculture, Risk
Management Agency (N1–258–08–17, 1
item, 1 temporary item). Status and
activity reports related to financial
priorities.
3. Department of Homeland Security,
U.S. Secret Service (N1–87–09–5, 3
items, 2 temporary items). Master files
associated with an electronic global
positioning system that contain data of
a routine nature. Also included are
backup files. Data that pertains to
significant events or unusual
occurrences is proposed for permanent
retention.
4. Department of the Interior, Office of
the Secretary (N1–48–08–6, 7 items, 5
temporary items). Routine
correspondence, chronological files,
daily schedules, working papers, and
other routine administrative records.
Proposed for permanent retention are
high level program correspondence files
and records, such as appointment books
and calendars that document the
activities of the Secretary.
5. Department of Transportation,
Federal Aviation Administration (N1–
237–09–1, 2 items, 2 temporary items).
Images of agreements relating to flight
inspection services and a related data
base used to track the status of
agreements.
6. Department of the Treasury,
Departmental Offices (N1–56–09–5, 2
items, 1 temporary item). Strategic
planning records that document the
preparation of strategic plans of specific
organizations within the Department of
the Treasury. Strategic planning records
that relate to the Treasury Strategic Plan
are proposed for permanent retention.
7. Department of the Treasury,
Treasury Inspector General for Tax
Administration (N1–56–09–6, 4 items, 4
temporary items). Records related to
audits, including guidance documents,
reports, studies, and an electronic
information system to track audits and
manage audit workflow.
8. Department of the Treasury,
Alcohol and Tobacco Tax and Trade
Bureau (N–564–09–9, 1 item, 1
temporary item). Master files associated
with an electronic system used to track
and collect special occupational and
floor stocks taxes.
9. Department of the Treasury,
Alcohol and Tobacco Tax and Trade
Bureau (N–564–09–13, 1 item, 1
temporary item). Master files of an
electronic information system used to
manage library operations.
10. Department of the Treasury,
Community Development Financial
Institution (N1–56–09–14, 6 items, 6
temporary items). Records relating to
the agency’s public Web site, including
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operational records and Web content
records.
11. Department of the Treasury,
Internal Revenue Service (N1–58–09–
33, 1 item, 1 temporary item). Master
files associated with an electronic
information system used to assist
agency employees in contacting other
staff who have access to the agency’s
integrated data retrieval system.
12. Department of the Treasury,
Internal Revenue Service (N1–58–09–
37, 1 item, 1 temporary item). Master
files associated with an electronic
information system used to update
taxpayer information with the latest
transactions and status.
13. Department of the Treasury,
Internal Revenue Service (N1–58–09–
44, 2 items, 2 temporary items). Master
files and outputs associated with an
electronic information system used to
provide Federal tax deposit coupons to
business taxpayers.
14. Department of the Treasury,
Internal Revenue Service (N1–58–09–
45, 1 item, 1 temporary item). Master
files associated with an electronic
information system used to generate
notices informing taxpayers that there
are discrepancies in their tax returns.
15. Equal Employment Opportunity
Commission, Office of Inspector General
(N1–403–08–1, 7 items, 5 temporary
items). Routine investigative files, audit
case files, and background materials
relating to semiannual reports to
Congress. Proposed for permanent
retention are semiannual reports to
Congress and historically significant
investigative case files.
Dated: July 31, 2009.
Michael J. Kurtz,
Assistant Archivist for Records Services,
Washington, DC.
[FR Doc. E9–18953 Filed 8–5–09; 8:45 am]
BILLING CODE 7515–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0342; IA–09–026]
In the Matter of Mr. Michael T. Hackett;
Confirmatory Order (Effective
Immediately)
I
Mr. Michael Hackett is currently the
Radiation Safety Officer (RSO) for the
Department of Veterans Affairs (DVA)
Medical Center, located in Lexington,
Kentucky, and is named as such on
Permit 16–08896–04, issued by the
Department of Veterans Affairs
(licensee) under the authority granted
them by Master Materials License
(MML) Number 03–23853–01VA.
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This Confirmatory Order is the result
of an agreement reached during an
Alternative Dispute Resolution (ADR)
mediation session conducted on June
26, 2009.
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II
On September 17, 2007, the DVA
National Health Physics Program
(NHPP) inspectors performed an
inspection at the DVA Medical Center
located in Lexington, Kentucky. The
Medical Center is a permitee under the
DVA’s MML. During the inspection, the
NHPP inspectors determined that the
RSO had not implemented portions of
the radiation safety program including
not holding periodic Radiation Safety
Committee meetings; not performing
annual program reviews; and not
performing required hazardous material
training. Furthermore, the NHPP
determined that the RSO’s actions were
deliberate. A contributing cause was the
permitee’s assignment of a collateral
duty to the RSO as the Controlled
Substance Coordinator.
Based on the NHPP determination,
the NRC began an investigation into the
actions of the RSO. On December 18,
2008, the Office of Investigations issued
an investigation report and on February
23, 2009, the NRC determined that
violations of NRC requirements had
occurred at the DVA Medical Center
located in Lexington, Kentucky. The
NRC also preliminarily determined that
Mr. Michael Hackett’s actions, as the
RSO, caused the permittee to be in
apparent violation of the above
requirements.
The results of the investigation were
sent to Mr. Michael Hackett in a letter
dated April 16, 2009. This letter offered
Mr. Michael Hackett the opportunity to
either participate in Alternative Dispute
Resolution (ADR) mediation or to attend
a Predecisional Enforcement
Conference. In response to the NRC’s
offer, Mr. Michael Hackett requested use
of the NRC’s ADR process to resolve the
differences he had with the NRC. On
May 18, 2009, the NRC and Mr. Michael
Hackett agreed to mediate. On June 26,
2009, the NRC and Mr. Michael Hackett
participated in an ADR session
mediated by a professional mediator,
arranged through Cornell University’s
Institute on Conflict Resolution. As used
by the NRC, ADR is a process in which
a neutral mediator with no decisionmaking authority assists the parties in
reaching an agreement on resolving any
differences regarding the dispute. This
Confirmatory Order is issued pursuant
to the agreement reached during the
ADR process.
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III
During the June 26, 2009, ADR
session, a preliminary settlement
agreement was reached. The elements of
the agreement consisted of the
following:
1. Mr. Michael Hackett agrees to
submit to the NRC and NHPP a plan on
how he will accomplish all the tasks
assigned to him as RSO in the permit,
and what steps he will take to ensure
that the infrastructure exists for those
duties with a long periodicity (i.e., once
a year, or once every three years) and
what steps he will take to ensure that
the permittee, the NHPP, and the NRC
are aware that he is accomplishing his
assigned duties within 60 days of the
issuance of the Confirmatory Order. In
addition to the above, such plan shall
contain the following:
a. Within 45 days following each
periodic (quarterly) Radiation Safety
Committee meeting, Mr. Michael
Hackett will provide minutes of the
meeting to the permitee, the NHPP, and
the NRC. This will continue for a period
of one year from the date of the issuance
of the Confirmatory Order.
b. Within 45 days following
completion of the next annual program
review following issuance of the
Confirmatory Order, Mr. Michael
Hackett will provide the results of the
review to the permitee, the NHPP, and
the NRC.
c. Within 45 days following
completion of the next periodic training,
conducted following issuance of the
Confirmatory Order, regarding
transportation and receipt of radioactive
material, Mr. Michael Hackett will
provide a curriculum of subjects
covered and a list of individuals who
were required to attend and a list of
attendees [with personal privacy
information redacted] to the permitee,
the NHPP, and the NRC.
d. Within 45 days, Mr. Michael
Hackett agrees to inform the NRC if he
has been assigned, and has accepted, the
responsibility for any additional
collateral duties that may impact his
ability to successfully fulfill his
responsibilities as the Radiation Safety
Officer. This will include his evaluation
of how he will monitor the collateral
duties to ensure that they do not
overwhelm his primary RSO
responsibilities. This will continue for
one year from the issuance of the
Confirmatory Order.
2. If, at any time, Mr. Michael Hackett
is unable to perform any of his
Radiation Safety Officer responsibilities,
he will notify the NHPP and the NRC
within 30 days.
3. Within 90 days following the
issuance of the Confirmatory Order, Mr.
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Michael Hackett agrees to prepare and
submit to the NRC an article, for
subsequent submittal and consideration
for publication by the NHPP, to inform
others of: (1) The importance of
ensuring that a VA radiation safety
program fulfills all NRC safety
requirements; and (2) developing the
necessary infrastructure and
communication paths to identify and
resolve competing priorities that may
preclude successful implementation of a
VA radiation safety program. Within 30
days following receipt of approval from
the NRC, Mr. Michael Hackett will
submit the article to the NHPP for
publication.
4. Mr. Michael Hackett agrees that he
will inform the NRC if he leaves his
RSO position before the terms of this
Order are completed. The terms of the
Order will remain in abeyance and will
be reinstated if he accepts a position as
or resumes the duties of an RSO within
two years of the date of the Order.
5. The NRC agrees not to pursue any
further enforcement action in
connection with the NRC’s April 16,
2009, letter to Mr. Michael Hackett. This
does not prohibit NRC from taking
enforcement action in accordance with
the NRC Enforcement Policy if Mr.
Michael Hackett commits a similar
violation in the future or violates this
Order.
6. Within 45 days, Mr. Michael
Hackett agrees to inform the NRC of any
condition that may preclude him from
complying with any of the conditions of
this Order. In such event, Mr. Michael
Hackett may request relief from the
associated requirements of the Order.
7. Mr. Michael Hackett has made no
admission that he violated any NRC
requirements and this agreement is
settlement of a disputed claim in order
to avoid litigation and further action by
the NRC.
On July 9, 2009, Mr. Michael Hackett
consented to issuing this Order with the
commitments, as described in Section V
below. Mr. Michael Hackett further
agreed that this Order is to be effective
upon issuance and that he has waived
his right to a hearing.
IV
Since Mr. Michael Hackett has agreed
to take additional actions to address
NRC concerns, as set forth in Item III
above, the NRC has concluded that its
concerns can be resolved through
issuance of this Order.
I find that Mr. Michael Hackett’s
commitments as set forth in Section V
are acceptable and necessary and
conclude that with these commitments
the public health and safety are
reasonably assured. In view of the
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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices
foregoing, I have determined that public
health and safety require that Mr.
Michael Hackett’s commitments be
confirmed by this Order. Based on the
above, and Mr. Michael Hackett’s
consent, this Order is immediately
effective upon issuance.
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V
Accordingly, pursuant to Sections 81,
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:
1. Mr. Michael Hackett agrees to
submit to the NRC and NHPP a plan on
how he will accomplish all the tasks
assigned to him as RSO in the permit,
and what steps he will take to ensure
that the infrastructure exists for those
duties with a long periodicity (i.e., once
a year, or once every three years) and
what steps he will take to ensure that
the permittee, the NHPP, and the NRC
are aware that he is accomplishing his
assigned duties within 60 days of the
issuance of the Confirmatory Order. In
addition to the above, such plan shall
contain the following:
a. Within 45 days following each
periodic (quarterly) Radiation Safety
Committee meeting, Mr. Michael
Hackett will provide minutes of the
meeting to the permitee, the NHPP, and
the NRC. This will continue for a period
of one year from the date of the issuance
of the Confirmatory Order.
b. Within 45 days following
completion of the next annual program
review following issuance of the
Confirmatory Order, Mr. Michael
Hackett will provide the results of the
review to the permitee, the NHPP, and
the NRC.
c. Within 45 days following
completion of the next periodic training,
conducted following issuance of the
Confirmatory Order, regarding
transportation and receipt of radioactive
material, Mr. Michael Hackett will
provide a curriculum of subjects
covered and a list of individuals who
were required to attend and a list of
attendees [with personal privacy
information redacted] to the permitee,
the NHPP, and the NRC.
d. Within 45 days, Mr. Michael
Hackett agrees to inform the NRC if he
has been assigned, and has accepted, the
responsibility for any additional
collateral duties that may impact his
ability to successfully fulfill his
responsibilities as the Radiation Safety
Officer. This will include his evaluation
of how he will monitor the collateral
duties to ensure that they do not
overwhelm his primary RSO
responsibilities. This will continue for
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one year from the issuance of the
Confirmatory Order.
2. If, at any time, Mr. Michael Hackett
is unable to perform any of his
Radiation Safety Officer responsibilities,
he will notify the NHPP and the NRC
within 30 days.
3. Within 90 days following the
issuance of the Confirmatory Order, Mr.
Michael Hackett agrees to prepare and
submit to the NRC an article, for
subsequent submittal and consideration
for publication by the NHPP, to inform
others of: (1) The importance of
ensuring that a VA radiation safety
program fulfills all NRC safety
requirements; and (2) developing the
necessary infrastructure and
communication paths to identify and
resolve competing priorities that may
preclude successful implementation of a
VA radiation safety program. Within 30
days following receipt of approval from
the NRC, Mr. Michael Hackett will
submit the article to the NHPP for
publication.
4. Mr. Michael Hackett agrees that he
will inform the NRC if he leaves his
RSO position before the terms of this
Order are completed. The terms of the
Order will remain in abeyance and will
be reinstated if he accepts a position as
or resumes the duties of an RSO within
two years of the date of the Order.
5. Within 45 days, Mr. Michael
Hackett agrees to inform the NRC of any
condition that may preclude him from
complying with any of the conditions of
this Order. In such event, Mr. Michael
Hackett may request relief from the
associated requirements of the Order.
Notifications to the NRC, as outlined
in the above items, should be made to
the Regional Administrator, NRC Region
III, 2443 Warrenville Road, Lisle,
Illinois 60532.
The Regional Administrator, NRC
Region III, may, in writing, relax or
rescind any of the above conditions
upon demonstration by Mr. Michael
Hackett of good cause.
VI
Any person adversely affected by this
Confirmatory Order, other than Mr.
Michael Hackett, may request a hearing
within 20 days of the Order’s
publication in the Federal Register.
Where good cause is shown,
consideration will be given to extending
the time to request a hearing. A request
for extension of time must be directed
to the Director, Office of Enforcement,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, and
include a statement of good cause for
the extension.
A request for a hearing must be filed
in accordance with the NRC E-Filing
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rule, which the NRC promulgated in
August, 2007, 72 FR 49,139 (Aug. 28,
2007). The E-Filing process requires
participants to submit and serve
documents over the Internet or, in some
cases, to mail copies on electronic
optical storage media. Participants may
not submit paper copies of their filings
unless they seek a waiver in accordance
with the procedures described below.
To comply with the procedural
requirements associated with E-Filing,
at least five days prior to the filing
deadline the requestor must contact the
Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling
(301) 415–1677, to request: (1) A digital
ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any NRC proceeding in which
it is participating; and/or (2) creation of
an electronic docket for the proceeding
(even in instances when the requestor
(or its counsel or representative) already
holds an NRC-issued digital ID
certificate). Each requestor will need to
download the Workplace Forms
Viewer TM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms Viewer TM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate also is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a requestor has obtained a
digital ID certificate, had a docket
created, and downloaded the EIE
viewer, it can then submit a request for
a hearing through EIE. Submissions
should be in Portable Document Format
(PDF) in accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/esubmittals.html. A filing is considered
complete at the time the filer submits its
document through EIE. To be timely,
electronic filings must be submitted to
the EIE 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 e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC 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, any
others who wish to participate in the
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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices
proceeding (or their counsel or
representative) must apply for and
receive a digital ID certificate before a
hearing request is filed so that they may
obtain access to the document via the EFiling system.
A person filing electronically using
the agency’s adjudicatory e-filing system
may seek assistance through the
‘‘Contact Us’’ link located on the NRC
Web site at https://www.nrc.gov/sitehelp/e-submittals.html or by calling the
NRC Meta-System Help Desk, which is
available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday,
excluding government holidays. The
Meta-System Help Desk can be
contacted by telephone at 1–866–672–
7640 or by e-mail at
MSHD.Resource@nrc.gov.
Participants who believe that they
have good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
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, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass 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.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
personal privacy information, such as
social security numbers, home
addresses, or home phone numbers in
their filings. 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 works.
If a person other than Mr. Michael
Hackett requests a hearing, that person
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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 the hearing is requested by a person
whose interest is adversely affected, the
Commission will issue an Order
designating the time and place of any
hearing. If a hearing is held, the issue to
be considered at such hearing shall be
whether this Confirmatory 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 V above shall be final 20 days
from the date this 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 V shall be final when the
extension expires, if a hearing request
has not been received. A request for
hearing shall not stay the immediate
effectiveness of this order.
Dated this 28th day of July 2009.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Regional Administrator, Region III.
[FR Doc. E9–18821 Filed 8–5–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0345]
Draft Regulatory Guide: Issuance,
Availability
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of Issuance and
Availability of Draft Regulatory Guide,
DG–5034, ‘‘Protection of Safeguards
Information.’’
FOR FURTHER INFORMATION CONTACT:
Robert Norman, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: (301) 415–2278 or email Robert.Norman@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment a draft guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public such information
as methods that are acceptable to the
NRC staff for implementing specific
parts of the NRC’s regulations,
techniques that the staff uses in
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39343
evaluating specific problems or
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
The draft regulatory guide (DG),
entitled, ‘‘Protection of Safeguards
Information,’’ is temporarily identified
by its task number, DG–5034, which
should be mentioned in all related
correspondence. DG–5034 will be a new
regulatory guide. Title 10, section 73.21,
‘‘Protection of Safeguards Information:
Performance Requirements,’’ of the
Code of Federal Regulations (10 CFR
73.21) requires, in part, that each
licensee, certificate holder, applicant, or
other person who produces, receives, or
acquires Safeguards Information (SGI)
shall ensure that it is protected against
unauthorized disclosure.
This guide describes a method that
the staff of the NRC considers
acceptable to implement the general
performance requirements specified in
10 CFR 73.21(a)(i) and (ii) that establish,
implement, and maintain an
information protection system that
includes the applicable measures for
SGI specified in 10 CFR 73.22,
‘‘Protection of Safeguards Information:
Specific Requirements,’’ or 10 CFR
73.23, ‘‘Protection of Safeguards
Information—Modified Handling:
Specific Requirements.’’ This guide
applies to all licensees, certificate
holders, applicants, or other persons
who produce, receive, or acquire SGI
(including SGI with the designation or
marking: ‘‘Safeguards Information—
Modified Handling’’ (SGI–M)).
The guidance and criteria contained
in this document pertain to the
protection of SGI as defined in 10 CFR
part 73, ‘‘Physical Protection of Plants
and Materials.’’ It is intended to assist
licensees and other persons who
produce, receive, or acquire SGI to
establish an information protection
system that addresses (1) Information to
be protected, (2) conditions for access,
(3) protection while in use or storage, (4)
preparing and marking documents or
other matter, (5) reproduction of matter
containing SGI, (6) external
transmission of documents and
material, (7) processing SGI on
electronic systems, (8) removal from the
SGI category, and (9) destruction of
matter containing SGI.
II. Further Information
The NRC staff is soliciting comments
on DG–5034. Comments may be
accompanied by relevant information or
supporting data and should mention
DG–5034 in the subject line.
Comments submitted in writing or in
electronic form will be made available
to the public in their entirety through
E:\FR\FM\06AUN1.SGM
06AUN1
]]>Agencies
[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Notices]
[Pages 39340-39343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18821]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0342; IA-09-026]
In the Matter of Mr. Michael T. Hackett; Confirmatory Order
(Effective Immediately)
I
Mr. Michael Hackett is currently the Radiation Safety Officer (RSO)
for the Department of Veterans Affairs (DVA) Medical Center, located in
Lexington, Kentucky, and is named as such on Permit 16-08896-04, issued
by the Department of Veterans Affairs (licensee) under the authority
granted them by Master Materials License (MML) Number 03-23853-01VA.
[[Page 39341]]
This Confirmatory Order is the result of an agreement reached
during an Alternative Dispute Resolution (ADR) mediation session
conducted on June 26, 2009.
II
On September 17, 2007, the DVA National Health Physics Program
(NHPP) inspectors performed an inspection at the DVA Medical Center
located in Lexington, Kentucky. The Medical Center is a permitee under
the DVA's MML. During the inspection, the NHPP inspectors determined
that the RSO had not implemented portions of the radiation safety
program including not holding periodic Radiation Safety Committee
meetings; not performing annual program reviews; and not performing
required hazardous material training. Furthermore, the NHPP determined
that the RSO's actions were deliberate. A contributing cause was the
permitee's assignment of a collateral duty to the RSO as the Controlled
Substance Coordinator.
Based on the NHPP determination, the NRC began an investigation
into the actions of the RSO. On December 18, 2008, the Office of
Investigations issued an investigation report and on February 23, 2009,
the NRC determined that violations of NRC requirements had occurred at
the DVA Medical Center located in Lexington, Kentucky. The NRC also
preliminarily determined that Mr. Michael Hackett's actions, as the
RSO, caused the permittee to be in apparent violation of the above
requirements.
The results of the investigation were sent to Mr. Michael Hackett
in a letter dated April 16, 2009. This letter offered Mr. Michael
Hackett the opportunity to either participate in Alternative Dispute
Resolution (ADR) mediation or to attend a Predecisional Enforcement
Conference. In response to the NRC's offer, Mr. Michael Hackett
requested use of the NRC's ADR process to resolve the differences he
had with the NRC. On May 18, 2009, the NRC and Mr. Michael Hackett
agreed to mediate. On June 26, 2009, the NRC and Mr. Michael Hackett
participated in an ADR session mediated by a professional mediator,
arranged through Cornell University's Institute on Conflict Resolution.
As used by the NRC, ADR is a process in which a neutral mediator with
no decision-making authority assists the parties in reaching an
agreement on resolving any differences regarding the dispute. This
Confirmatory Order is issued pursuant to the agreement reached during
the ADR process.
III
During the June 26, 2009, ADR session, a preliminary settlement
agreement was reached. The elements of the agreement consisted of the
following:
1. Mr. Michael Hackett agrees to submit to the NRC and NHPP a plan
on how he will accomplish all the tasks assigned to him as RSO in the
permit, and what steps he will take to ensure that the infrastructure
exists for those duties with a long periodicity (i.e., once a year, or
once every three years) and what steps he will take to ensure that the
permittee, the NHPP, and the NRC are aware that he is accomplishing his
assigned duties within 60 days of the issuance of the Confirmatory
Order. In addition to the above, such plan shall contain the following:
a. Within 45 days following each periodic (quarterly) Radiation
Safety Committee meeting, Mr. Michael Hackett will provide minutes of
the meeting to the permitee, the NHPP, and the NRC. This will continue
for a period of one year from the date of the issuance of the
Confirmatory Order.
b. Within 45 days following completion of the next annual program
review following issuance of the Confirmatory Order, Mr. Michael
Hackett will provide the results of the review to the permitee, the
NHPP, and the NRC.
c. Within 45 days following completion of the next periodic
training, conducted following issuance of the Confirmatory Order,
regarding transportation and receipt of radioactive material, Mr.
Michael Hackett will provide a curriculum of subjects covered and a
list of individuals who were required to attend and a list of attendees
[with personal privacy information redacted] to the permitee, the NHPP,
and the NRC.
d. Within 45 days, Mr. Michael Hackett agrees to inform the NRC if
he has been assigned, and has accepted, the responsibility for any
additional collateral duties that may impact his ability to
successfully fulfill his responsibilities as the Radiation Safety
Officer. This will include his evaluation of how he will monitor the
collateral duties to ensure that they do not overwhelm his primary RSO
responsibilities. This will continue for one year from the issuance of
the Confirmatory Order.
2. If, at any time, Mr. Michael Hackett is unable to perform any of
his Radiation Safety Officer responsibilities, he will notify the NHPP
and the NRC within 30 days.
3. Within 90 days following the issuance of the Confirmatory Order,
Mr. Michael Hackett agrees to prepare and submit to the NRC an article,
for subsequent submittal and consideration for publication by the NHPP,
to inform others of: (1) The importance of ensuring that a VA radiation
safety program fulfills all NRC safety requirements; and (2) developing
the necessary infrastructure and communication paths to identify and
resolve competing priorities that may preclude successful
implementation of a VA radiation safety program. Within 30 days
following receipt of approval from the NRC, Mr. Michael Hackett will
submit the article to the NHPP for publication.
4. Mr. Michael Hackett agrees that he will inform the NRC if he
leaves his RSO position before the terms of this Order are completed.
The terms of the Order will remain in abeyance and will be reinstated
if he accepts a position as or resumes the duties of an RSO within two
years of the date of the Order.
5. The NRC agrees not to pursue any further enforcement action in
connection with the NRC's April 16, 2009, letter to Mr. Michael
Hackett. This does not prohibit NRC from taking enforcement action in
accordance with the NRC Enforcement Policy if Mr. Michael Hackett
commits a similar violation in the future or violates this Order.
6. Within 45 days, Mr. Michael Hackett agrees to inform the NRC of
any condition that may preclude him from complying with any of the
conditions of this Order. In such event, Mr. Michael Hackett may
request relief from the associated requirements of the Order.
7. Mr. Michael Hackett has made no admission that he violated any
NRC requirements and this agreement is settlement of a disputed claim
in order to avoid litigation and further action by the NRC.
On July 9, 2009, Mr. Michael Hackett consented to issuing this Order
with the commitments, as described in Section V below. Mr. Michael
Hackett further agreed that this Order is to be effective upon issuance
and that he has waived his right to a hearing.
IV
Since Mr. Michael Hackett has agreed to take additional actions to
address NRC concerns, as set forth in Item III above, the NRC has
concluded that its concerns can be resolved through issuance of this
Order.
I find that Mr. Michael Hackett's commitments as set forth in
Section V are acceptable and necessary and conclude that with these
commitments the public health and safety are reasonably assured. In
view of the
[[Page 39342]]
foregoing, I have determined that public health and safety require that
Mr. Michael Hackett's commitments be confirmed by this Order. Based on
the above, and Mr. Michael Hackett's consent, this Order is immediately
effective upon issuance.
V
Accordingly, pursuant to Sections 81, 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:
1. Mr. Michael Hackett agrees to submit to the NRC and NHPP a plan
on how he will accomplish all the tasks assigned to him as RSO in the
permit, and what steps he will take to ensure that the infrastructure
exists for those duties with a long periodicity (i.e., once a year, or
once every three years) and what steps he will take to ensure that the
permittee, the NHPP, and the NRC are aware that he is accomplishing his
assigned duties within 60 days of the issuance of the Confirmatory
Order. In addition to the above, such plan shall contain the following:
a. Within 45 days following each periodic (quarterly) Radiation
Safety Committee meeting, Mr. Michael Hackett will provide minutes of
the meeting to the permitee, the NHPP, and the NRC. This will continue
for a period of one year from the date of the issuance of the
Confirmatory Order.
b. Within 45 days following completion of the next annual program
review following issuance of the Confirmatory Order, Mr. Michael
Hackett will provide the results of the review to the permitee, the
NHPP, and the NRC.
c. Within 45 days following completion of the next periodic
training, conducted following issuance of the Confirmatory Order,
regarding transportation and receipt of radioactive material, Mr.
Michael Hackett will provide a curriculum of subjects covered and a
list of individuals who were required to attend and a list of attendees
[with personal privacy information redacted] to the permitee, the NHPP,
and the NRC.
d. Within 45 days, Mr. Michael Hackett agrees to inform the NRC if
he has been assigned, and has accepted, the responsibility for any
additional collateral duties that may impact his ability to
successfully fulfill his responsibilities as the Radiation Safety
Officer. This will include his evaluation of how he will monitor the
collateral duties to ensure that they do not overwhelm his primary RSO
responsibilities. This will continue for one year from the issuance of
the Confirmatory Order.
2. If, at any time, Mr. Michael Hackett is unable to perform any of
his Radiation Safety Officer responsibilities, he will notify the NHPP
and the NRC within 30 days.
3. Within 90 days following the issuance of the Confirmatory Order,
Mr. Michael Hackett agrees to prepare and submit to the NRC an article,
for subsequent submittal and consideration for publication by the NHPP,
to inform others of: (1) The importance of ensuring that a VA radiation
safety program fulfills all NRC safety requirements; and (2) developing
the necessary infrastructure and communication paths to identify and
resolve competing priorities that may preclude successful
implementation of a VA radiation safety program. Within 30 days
following receipt of approval from the NRC, Mr. Michael Hackett will
submit the article to the NHPP for publication.
4. Mr. Michael Hackett agrees that he will inform the NRC if he
leaves his RSO position before the terms of this Order are completed.
The terms of the Order will remain in abeyance and will be reinstated
if he accepts a position as or resumes the duties of an RSO within two
years of the date of the Order.
5. Within 45 days, Mr. Michael Hackett agrees to inform the NRC of
any condition that may preclude him from complying with any of the
conditions of this Order. In such event, Mr. Michael Hackett may
request relief from the associated requirements of the Order.
Notifications to the NRC, as outlined in the above items, should be
made to the Regional Administrator, NRC Region III, 2443 Warrenville
Road, Lisle, Illinois 60532.
The Regional Administrator, NRC Region III, may, in writing, relax
or rescind any of the above conditions upon demonstration by Mr.
Michael Hackett of good cause.
VI
Any person adversely affected by this Confirmatory Order, other
than Mr. Michael Hackett, may request a hearing within 20 days of the
Order's publication in the Federal Register. Where good cause is shown,
consideration will be given to extending the time to request a hearing.
A request for extension of time must be directed to the Director,
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001, and include a statement of good cause for the extension.
A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August, 2007, 72 FR 49,139
(Aug. 28, 2007). The E-Filing process requires participants to submit
and serve documents over the Internet or, in some cases, to mail copies
on electronic optical storage media. Participants may not submit paper
copies of their filings unless they seek a waiver in accordance with
the procedures described below.
To comply with the procedural requirements associated with E-
Filing, at least five days prior to the filing deadline the requestor
must contact the Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling (301) 415-1677, to request: (1) A
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any NRC proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
when the requestor (or its counsel or representative) already holds an
NRC-issued digital ID certificate). Each requestor will need to
download the Workplace Forms Viewer \TM\ to access the Electronic
Information Exchange (EIE), a component of the E-Filing system. The
Workplace Forms Viewer \TM\ is free and is available at https://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information
about applying for a digital ID certificate also is available on NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
Once a requestor has obtained a digital ID certificate, had a
docket created, and downloaded the EIE viewer, it can then submit a
request for a hearing through EIE. Submissions should be in Portable
Document Format (PDF) in accordance with NRC guidance available on the
NRC public Web site at https://www.nrc.gov/site-help/e-submittals.html.
A filing is considered complete at the time the filer submits its
document through EIE. To be timely, electronic filings must be
submitted to the EIE 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 e-mail notice confirming
receipt of the document. The EIE system also distributes an e-mail
notice that provides access to the document to the NRC 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, any others who wish to participate in the
[[Page 39343]]
proceeding (or their counsel or representative) must apply for and
receive a digital ID certificate before a hearing request is filed so
that they may obtain access to the document via the E-Filing system.
A person filing electronically using the agency's adjudicatory e-
filing system may seek assistance through the ``Contact Us'' link
located on the NRC Web site at https://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Meta-System Help Desk, which is
available between 8 a.m. and 8 p.m., Eastern Time, Monday through
Friday, excluding government holidays. The Meta-System Help Desk can be
contacted by telephone at 1-866-672-7640 or by e-mail at
MSHD.Resource@nrc.gov.
Participants who believe that they have good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing 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, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document 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.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include personal
privacy information, such as social security numbers, home addresses,
or home phone numbers in their filings. 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 works.
If a person other than Mr. Michael Hackett 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 the hearing is requested by a person whose interest is adversely
affected, the Commission will issue an Order designating the time and
place of any hearing. If a hearing is held, the issue to be considered
at such hearing shall be whether this Confirmatory 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 V above shall be final 20 days from the date this
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 V shall be final when the
extension expires, if a hearing request has not been received. A
request for hearing shall not stay the immediate effectiveness of this
order.
Dated this 28th day of July 2009.
For the Nuclear Regulatory Commission.
Mark A. Satorius,
Regional Administrator, Region III.
[FR Doc. E9-18821 Filed 8-5-09; 8:45 am]
BILLING CODE 7590-01-P
