In the Matter of Harman International Industries, Inc.; Confirmatory Order, 49583-49587 [2018-21397]

Download as PDF Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices Dates of Permitted Activities: November 11, 2018–March 30, 2022. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2018–21415 Filed 10–1–18; 8:45 am] BILLING CODE 7555–01–P NATIONAL SCIENCE FOUNDATION Notice of Permit Modification Received Under the Antarctic Conservation Act of 1978 National Science Foundation. Notice of permit modification request received and permit issued. AGENCY: ACTION: The National Science Foundation (NSF) is required to publish a notice of requests to modify permits issued to conduct activities regulated and permits issued under the Antarctic Conservation Act of 1978. NSF has published regulations under the Antarctic Conservation Act in the Code of Federal Regulations. This is the required notice of a requested permit modification and permit issued. FOR FURTHER INFORMATION CONTACT: Nature McGinn, ACA Permit Officer, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314; 703– 292–8224; email: ACApermits@nsf.gov. SUPPLEMENTARY INFORMATION: The National Science Foundation (NSF), as directed by the Antarctic Conservation Act of 1978 (Public Law 95–541, 45 CFR 671), as amended by the Antarctic Science, Tourism and Conservation Act of 1996, has developed regulations for the establishment of a permit system for various activities in Antarctica and designation of certain animals and certain geographic areas a requiring special protection. 1. NSF issued a permit (ACA 2016– 008) to David Rootes, Environmental Manager, Antarctic Logistics and Expeditions, LLC, on October 23, 2015. The issued permit allows the applicant to operate a remote camp at Union Glacier, Antarctica, and provide logistical support services for scientific and other expeditions, film crews, and tourists. These activities include aircraft support, cache positioning, camp and field support, resupply, search and rescue, medevac, medical support and logistic support for some National Operators. A recent modification to this permit, dated October 6, 2017, permitted the permit holder to continue permitted activities, including minimization, mitigation, and monitoring of waste, for the 2017–2018 Antarctic season. amozie on DSK3GDR082PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 Now the permit holder proposes a permit modification to continue permitted activities, including minimization, mitigation, and monitoring of waste, for the 2018–2019 Antarctic season. One addition is the establishment and operation of a small camp near the base of Mount Sporli. The Environmental Officer has reviewed the modification request and has determined that the amendment is not a material change to the permit, and it will have a less than a minor or transitory impact. Dates of Permitted Activities: October 1, 2018–February 28, 2020. 2. NSF issued a permit (ACA 2018– 015) to Brandon Harvey, Director, Expedition Operations, Polar Latitudes, Inc., on November 2, 2017. The issued permit allows the permit holder to conduct waste management activities associated with coastal camping and operating remotely piloted aircraft systems. Now the permit holder proposes a permit modification to continue permitted activities, including minimization, mitigation, and monitoring of waste, for the 2018–2019 Antarctic season. In addition, Hayley Shephard now holds the position of Director of Expedition Operations. The Environmental Officer has reviewed the modification request and has determined that the amendment is not a material change to the permit, and it will have a less than a minor or transitory impact. Dates of Permitted Activities: October 30, 2018–March 30, 2022. These permit modifications were issued on September 25, 2018. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation. [FR Doc. 2018–21417 Filed 10–1–18; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–39071; EA–18–033; NRC– 2018–0214] In the Matter of Harman International Industries, Inc.; Confirmatory Order Nuclear Regulatory Commission. ACTION: Confirmatory order; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a confirmatory order (Order) to Harman International Industries, Inc. (Harman), to memorialize the agreements reached during an alternative dispute resolution SUMMARY: PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 49583 mediation session held on August 16, 2018. This Order will resolve the issues that were identified during an NRC records review related to Harman’s import, possession, and distribution of lamps containing byproduct material (krypton-85). This Order is effective upon its issuance. DATES: The confirmatory order became effective on September 27, 2018. ADDRESSES: Please refer to Docket ID NRC–2018–0214 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC–2018–0214. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. 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 publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, 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 e-mail to pdr.resource@ nrc.gov. The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. • 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: Sophie Holiday, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555–001; telephone: 301–415–7865, e-mail: Sophie.Holiday@ nrc.gov. SUPPLEMENTARY INFORMATION: The text of the Order is attached. Dated at Rockville, Maryland, this 27th day of September 2018. For the Nuclear Regulatory Commission. Anne T. Boland, Director, Office of Enforcement. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: Harman International Industries, Inc., Northridge, California E:\FR\FM\02OCN1.SGM 02OCN1 49584 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices Docket No. 030–39071 License No. 04–35446–01E EA–18–033 CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE UPON ISSUANCE) I Harman International Industries, Incorporated, (Harman or Licensee) is the holder of Materials License No. 04– 35446–01E issued on December 15, 2017, by the U.S. Nuclear Regulatory Commission (NRC) pursuant to Part 30 of Title 10 of the Code of Federal Regulations (10 CFR), Rules of General Applicability to Domestic Licensing of Byproduct Material. The license authorizes Harman to distribute lamps containing byproduct material (krypton85) to persons exempt from the regulations. Harman was located in Elkhart, Indiana (IN), prior to June 2018, and is currently located in Northridge, California (CA), with a distribution facility located in Moreno Valley, CA. This Confirmatory Order is the result of an agreement reached during an Alternative Dispute Resolution (ADR) mediation session conducted on August 16, 2018. amozie on DSK3GDR082PROD with NOTICES1 II The NRC conducted a review on October 2016 through February 2018, related to the import, possession, and distribution of licensed materials (lamps containing krypton-85) by Harman in areas of NRC jurisdiction without having the required NRC licenses. On June 7, 2018, the NRC issued a letter to Harman that identified the results of the records review and outlined three apparent violations. The apparent violations involved: (1) initially transferring, for sale or distribution, lamps containing krypton85 without an NRC license for such activity pursuant to 10 CFR Sections 30.3(a), 30.15(a)(8)(iv), and 32.14; (2) possession of material (krypton-85) without an NRC license for such activity pursuant to 10 CFR 30.3; and (3) importing material (krypton-85) into the United States (U.S.) without an NRC or Agreement State license for possession of the material containing byproduct material pursuant to 10 CFR 110.5, 110.9a, 110.20(a), and 110.27(a). In the June 7, 2018, letter, the NRC offered Harman the choice to: (1) attend a Pre-decisional Enforcement Conference (PEC); or (2) participate in an ADR mediation session in an effort to resolve these concerns. In response to the NRC’s letter, Harman requested ADR. On August 16, 2018, Harman and the NRC met in an VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 ADR session mediated by a professional mediator, arranged through Cornell University’s Institute on Conflict Resolution. The ADR process is one 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 ADR session, Harman and the NRC reached a preliminary settlement agreement. The elements of the agreement included Harman acceptance of the violations for a period of non-compliance from approximately March 2016 to February 2017, corrective actions that Harman stated were completed as described below, agreed upon future actions, and general provisions as follows: Harman Completed Corrective Actions to Restore Compliance: 1. As of mid-February 2017, Harman stopped the shipment into the U.S. of finished products containing krypton-85 lamps and krypton-85 spare bulbs. 2. As of mid-February 2017, Harman stopped the shipment to dealers, end users, etc. in the U.S. of Harman’s finished products containing krypton-85 lamps and krypton-85 spare bulbs. 3. As of April 2017, the licensee quarantined all remaining product in the Quality Assurance cage (QA cage) to further ensure no product would be distributed (which requires the Quality Manager signature to release). 4. As of May 18, 2017, no radioactive material remained at the Elkhart, IN, location, and all remaining imported bulbs in Elkhart were shipped back to the manufacturer. 5. On June 29, 2017, Harman submitted an application to the State of California, and on December 15, 2017, received a California license for possession of krypton-85 at Harman’s facility located in Moreno Valley, CA. 6. Harman submitted an application for a distribution license in September 2017, and on December 15, 2017, NRC issued to Harman distribution license No. 04-35446–01E. 7. Harman engaged the services of a consultant to assist with the NRC license application. 8. Harman has established the position of Compliance Manager. This role is in addition to the Radiation Safety Officer (RSO) for the license. The Compliance Manager is responsible for ensuring compliance with NRC requirements. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 9. Harman has established the New Product Introduction/Product Lifecycle Management (NPI/PLM) process. a. The NPI/PLM is a multistep process that includes determination of whether NRC requirements apply, and ensures compliance with NRC requirements. b. All new or changed products (to overall or component design), new or changed processes, or transfers of product undergo the process. c. When radioactive material is identified, the Compliance Manager and the RSO must approve that the process/ component changes are consistent with NRC requirements. Harman Future Actions to Enhance Compliance: 1. Harman will maintain the position of Compliance Manager. This role is in addition to the RSO for the license. The Compliance Manager is responsible for ensuring compliance with NRC requirements. 2. Harman will maintain the NPI/PLM process as described above. 3. Within 90 days of the date of this Confirmatory Order, Harman will ensure that: a. The documented NPI/PLM process prompts the identification and application of NRC requirements (including regulatory, license, and Order). b. Applicable documents define the roles and responsibilities of the Compliance Manager and RSO, in the NPI/PLM process, as they relate to NRC requirements. 4. Within 90 days of the date of this Confirmatory Order, Harman will issue a letter from the Compliance Manager to the President, Vice Presidents, and the Directors who report to the Vice President for Operations and Procurement, to ensure awareness of the violations and actions taken. The letter will include: a. A description of the violations, including a copy of the NRC letter dated June 7, 2018. b. The actions taken to restore compliance, including a copy of this Confirmatory Order. 5. Within 90 days of the date of this Confirmatory Order, Harman will issue a communication to foreign suppliers of lighting products to Harman to promote awareness of the NRC requirements. a. The communication will include: i. That there are U.S. requirements for products containing radioactive material that will be imported and distributed within the U.S. ii. That selling product to customers could result in putting those entities in non-compliance with U.S. requirements. iii. Contact information for the NRC. E:\FR\FM\02OCN1.SGM 02OCN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices iv. A request to pass the communication to the suppliers’ affiliates and potentially impacted customers. b. Harman will provide a copy of the letter to NRC, 30 days in advance of issuance. 6. Harman will conduct training for the participants in the NPI/PLM process. a. Harman will review and modify, if not already included, the current Compliance Training to ensure that it contains the following: i. NRC regulatory framework. ii. Applicable requirements for the activities being conducted. iii. The role of each NPI/PLM participant in ensuring compliance and the specific role of the Compliance Manager and RSO. b. The training will include an initial training and annual periodic training. c. The initial training will be completed within 180 days of the date of this Confirmatory Order. d. Harman will maintain documentation of individuals trained. 7. Harman will continue to conduct training for all employees handling radioactive material. a. Content will include radiation safety and NRC requirements. b. The training will include an initial training and annual periodic training. c. The next training will be completed within 90 days of the date of this Confirmatory Order. d. Harman will maintain documentation of individuals trained. 8. Beginning in calendar year 2020, Harman will perform an annual audit to ensure compliance with NRC requirements. The audit will be completed in the first quarter of each calendar year. 9. By March 31, 2019: a. Harman will conduct an audit using an independent third-party consultant to evaluate compliance with NRC requirements. b. The audit will not commence prior to December 31, 2018. c. The audit will: i. Include review of compliance with NRC requirements. ii. Be documented by an audit report, including the scope, observations, and findings. d. Harman will provide to the NRC a copy of the consultant report, and a description of any corrective actions taken as a result of the audit. General provisions: 1. For the purposes of this agreement, the term ‘‘requirements’’ includes NRC rules, license and Order requirements. VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 2. Unless otherwise specified, all dates are calendar days from the date of issuance of this Confirmatory Order. 3. Unless otherwise specified, all documents required to be submitted to the NRC will be sent to: Director, Division of Materials Safety, Security, State and Tribal Programs, Office of Nuclear Material Safety and Safeguards, Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852–2738, with copies to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852–2738, and to the Branch Chief, Materials Safety Licensing Branch, Division of Materials Safety, Security, State and Tribal Programs, Office of Nuclear Material Safety and Safeguards, Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852–2738. Harman will also endeavor to provide courtesy electronic copies to the above individuals, at their NRC email addresses. 4. NRC agrees not to issue a separate Notice of Violation. 5. NRC will categorize the violations as one Severity Level III problem, with a civil penalty of half the base in the amount of $7,250. 6. The Confirmatory Order will be considered escalated action consistent with the current NRC Enforcement Policy for future enforcement. 7. In the event of the transfer of the possession and/or distribution licenses of Harman to another entity, the terms and conditions set forth hereunder shall continue to apply to the new entity and accordingly survive any transfer of ownership or license. 8. Based on the completed actions described above, and the commitments described in Section V below, the NRC agrees to not pursue any further enforcement action based on the apparent violations identified in the NRC’s June 7, 2018, letter. On September 21, 2018, Harman consented to issuing this Confirmatory Order with the commitments, as described in Section V below. Harman further agreed that this Confirmatory Order is to be effective upon issuance, the agreement memorialized in this Confirmatory Order settles the matter between the parties, and that it has waived its right to a hearing. IV I find that the Harman actions completed, as described in Section III above, combined with the 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 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 49585 view of the foregoing, I have determined that public health and safety require that Harman’s commitments be confirmed by this Confirmatory Order. Based on the above and Harman’s consent, this Confirmatory Order is effective upon issuance. V Accordingly, pursuant to Sections 81, 161(b), 161(i), 161(o), 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 UPON ISSUANCE, THAT LICENSE NO. 04-35446-01E IS MODIFIED AS FOLLOWS: 1. Harman will maintain the position of Compliance Manager. This role is in addition to the Radiation Safety Officer (RSO) for the license. The Compliance Manager is responsible for ensuring compliance with NRC requirements. 2. Harman will maintain the New Product Introduction/Product Lifecycle Management (NPI/PLM) process as described in Section III above. 3. Within 90 days of the date of this Confirmatory Order, Harman will ensure that: a. The documented NPI/PLM process prompts the identification and application of NRC requirements (including regulatory, license, and Order). b. Applicable documents define the roles and responsibilities of the Compliance Manager and RSO, in the NPI/PLM process, as they relate to NRC requirements. 4. Within 90 days of the date of this Confirmatory Order, Harman will issue a letter from the Compliance Manager to the President, Vice Presidents, and the Directors who report to the Vice President for Operations and Procurement, to ensure awareness of the violations and actions taken. The letter will include: a. A description of the violations, including a copy of the NRC letter dated June 7, 2018. b. The actions taken to restore compliance, including a copy of this Confirmatory Order. 5. Within 90 days of the date of this Confirmatory Order, Harman will issue a communication to foreign suppliers of lighting products to Harman to promote awareness of the NRC requirements. a. The communication will include: i. That there are U.S. requirements for products containing radioactive material that will be imported and distributed within the U.S. ii. That selling product to customers could result in putting those entities in non-compliance with U.S. requirements. E:\FR\FM\02OCN1.SGM 02OCN1 amozie on DSK3GDR082PROD with NOTICES1 49586 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices iii. Contact information for the NRC. iv. A request to pass the communication to the suppliers’ affiliates and potentially impacted customers. b. Harman will provide a copy of the letter to NRC, 30 days in advance of issuance. 6. Harman will conduct training for the participants in the NPI/PLM process. a. Harman will review and modify, if not already included, the current Compliance Training to ensure that it contains the following: i. NRC regulatory framework. ii. Applicable requirements for the activities being conducted. iii. The role of each NPI/PLM participant in ensuring compliance and the specific role of the Compliance Manager and RSO. b. The training will include an initial training and annual periodic training. c. The initial training will be completed within 180 days of the date of this Confirmatory Order. d. Harman will maintain documentation of individuals trained. 7. Harman will continue to conduct training for all employees handling radioactive material. a. Content will include radiation safety and NRC requirements. b. The training will include an initial training and annual periodic training. c. The next training will be completed within 90 days of the date of this Confirmatory Order. d. Harman will maintain documentation of individuals trained. 8. Beginning in calendar year 2020, Harman will perform an annual audit to ensure compliance with NRC requirements. The audit will be completed in the first quarter of each calendar year. 9. By March 31, 2019: a. Harman will conduct an audit using an independent third-party consultant to evaluate compliance with NRC requirements. b. The audit will not commence prior to December 31, 2018. c. The audit will: i. Include review of compliance with NRC requirements. ii. Be documented by an audit report, including the scope, observations, and findings. d. Harman will provide to NRC a copy of the consultant report, and a description of any corrective actions taken as a result of the audit. 10. Harman will pay a civil penalty in the amount of $7,250. For the purposes of this agreement, the term ‘‘requirements’’ includes NRC rules, license and Order requirements. VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 Unless otherwise specified, all dates are calendar days from the date of issuance of the Confirmatory Order. Unless otherwise specified, all documents required to be submitted to the NRC will be sent to: Director, Division of Materials Safety, Security, State and Tribal Programs, Office of Nuclear Material Safety and Safeguards, Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852–2738, with copies to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852–2738, and to the Branch Chief, Materials Safety Licensing Branch, Division of Materials Safety, Security, State and Tribal Programs, Office of Nuclear Material Safety and Safeguards, Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852–2738. Harman will also endeavor to provide courtesy electronic copies to the above individuals, at their NRC email addresses. The Confirmatory Order will be considered escalated action consistent with NRC current Enforcement Policy for future enforcement. In the event of the transfer of the possession and/or distribution licenses of Harman to another entity, the terms and conditions set forth hereunder shall continue to apply to the new entity and accordingly survive any transfer of ownership or license. The Director, Office of Enforcement, NRC, may, in writing, relax or rescind any of the above conditions upon written request by Harman, and demonstration by Harman or its successors of good cause. VI In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person adversely affected by this Confirmatory Order, other than Harman, may request a hearing within thirty (30) calendar days of the date of issuance of this Confirmatory Order. 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 made in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. All documents filed in NRC adjudicatory proceedings, including a request for hearing, a petition for leave to intervene, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene (hereinafter ‘‘petition’’), and documents filed by interested governmental entities PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 participating 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 by 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. 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 ten (10) calendar days prior to the filing deadline, the participant should contact the Office of the Secretary by e-mail at hearing.docket@nrc.gov, 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 e-mail 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 E:\FR\FM\02OCN1.SGM 02OCN1 amozie on DSK3GDR082PROD with NOTICES1 Federal Register / Vol. 83, No. 191 / Tuesday, October 2, 2018 / Notices 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/esubmittals.html, by e-mail to MSHD.Resource@nrc.gov, or by a tollfree 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 VerDate Sep<11>2014 17:16 Oct 01, 2018 Jkt 247001 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. The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing. If a person (other than Harman) requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Confirmatory Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a hearing is requested by a 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 Confirmatory Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), any person adversely affected by this Order, may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. 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 thirty (30) calendar days from the date of issuance of this Confirmatory Order 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. PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 49587 A request for hearing shall not stay the effectiveness of this order. For the Nuclear Regulatory Commission, Anne T. Boland, Director, Office of Enforcement. Dated this 27th day of September 2018. cc: The State of California [FR Doc. 2018–21397 Filed 10–1–18; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2018–0199] Applications and Amendments to Facility Operating Licenses and Combined Licenses Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information and Safeguards Information Nuclear Regulatory Commission. ACTION: License amendment request; opportunity to comment, request a hearing, and petition for leave to intervene; order imposing procedures. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of two amendment requests. The amendment requests are for Oconee Nuclear Station and Wolf Creek Generating Station. For each amendment request, the NRC proposes to determine that they involve no significant hazards consideration. Because the amendment requests contain sensitive unclassified nonsafeguards information (SUNSI) and safeguards information (SGI) an order imposes procedures to obtain access to SUNSI and SGI for contention preparation. DATES: Comments must be filed by November 1, 2018. A request for a hearing must be filed by December 3, 2018. Any potential party as defined in § 2.4 of title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI and/or SGI is necessary to respond to this notice must request document access by October 12, 2018. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC–2018–0199. Address questions about NRC DOCKET ID in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: SUMMARY: E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 83, Number 191 (Tuesday, October 2, 2018)]
[Notices]
[Pages 49583-49587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21397]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 030-39071; EA-18-033; NRC-2018-0214]


In the Matter of Harman International Industries, Inc.; 
Confirmatory Order

AGENCY: Nuclear Regulatory Commission.

ACTION: Confirmatory order; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
confirmatory order (Order) to Harman International Industries, Inc. 
(Harman), to memorialize the agreements reached during an alternative 
dispute resolution mediation session held on August 16, 2018. This 
Order will resolve the issues that were identified during an NRC 
records review related to Harman's import, possession, and distribution 
of lamps containing byproduct material (krypton-85). This Order is 
effective upon its issuance.

DATES: The confirmatory order became effective on September 27, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0214 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0214. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; e-mail: [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 ``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 e-mail to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
     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: Sophie Holiday, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-001; 
telephone: 301-415-7865, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 27th day of September 2018.

    For the Nuclear Regulatory Commission.
Anne T. Boland,
Director, Office of Enforcement.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

    In the Matter of: Harman International Industries, Inc., 
Northridge, California

[[Page 49584]]

Docket No. 030-39071

License No. 04-35446-01E

EA-18-033

CONFIRMATORY ORDER MODIFYING LICENSE (EFFECTIVE UPON ISSUANCE)

I

    Harman International Industries, Incorporated, (Harman or Licensee) 
is the holder of Materials License No. 04-35446-01E issued on December 
15, 2017, by the U.S. Nuclear Regulatory Commission (NRC) pursuant to 
Part 30 of Title 10 of the Code of Federal Regulations (10 CFR), Rules 
of General Applicability to Domestic Licensing of Byproduct Material. 
The license authorizes Harman to distribute lamps containing byproduct 
material (krypton-85) to persons exempt from the regulations. Harman 
was located in Elkhart, Indiana (IN), prior to June 2018, and is 
currently located in Northridge, California (CA), with a distribution 
facility located in Moreno Valley, CA.
    This Confirmatory Order is the result of an agreement reached 
during an Alternative Dispute Resolution (ADR) mediation session 
conducted on August 16, 2018.

II

    The NRC conducted a review on October 2016 through February 2018, 
related to the import, possession, and distribution of licensed 
materials (lamps containing krypton-85) by Harman in areas of NRC 
jurisdiction without having the required NRC licenses.
    On June 7, 2018, the NRC issued a letter to Harman that identified 
the results of the records review and outlined three apparent 
violations. The apparent violations involved:
    (1) initially transferring, for sale or distribution, lamps 
containing krypton-85 without an NRC license for such activity pursuant 
to 10 CFR Sections 30.3(a), 30.15(a)(8)(iv), and 32.14; (2) possession 
of material (krypton-85) without an NRC license for such activity 
pursuant to 10 CFR 30.3; and (3) importing material (krypton-85) into 
the United States (U.S.) without an NRC or Agreement State license for 
possession of the material containing byproduct material pursuant to 10 
CFR 110.5, 110.9a, 110.20(a), and 110.27(a).
    In the June 7, 2018, letter, the NRC offered Harman the choice to: 
(1) attend a Pre[dash]decisional Enforcement Conference (PEC); or (2) 
participate in an ADR mediation session in an effort to resolve these 
concerns.
    In response to the NRC's letter, Harman requested ADR. On August 
16, 2018, Harman and the NRC met in an ADR session mediated by a 
professional mediator, arranged through Cornell University's Institute 
on Conflict Resolution. The ADR process is one 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 ADR session, Harman and the NRC reached a preliminary 
settlement agreement. The elements of the agreement included Harman 
acceptance of the violations for a period of non-compliance from 
approximately March 2016 to February 2017, corrective actions that 
Harman stated were completed as described below, agreed upon future 
actions, and general provisions as follows:

Harman Completed Corrective Actions to Restore Compliance:

    1. As of mid-February 2017, Harman stopped the shipment into the 
U.S. of finished products containing krypton-85 lamps and krypton-85 
spare bulbs.
    2. As of mid-February 2017, Harman stopped the shipment to dealers, 
end users, etc. in the U.S. of Harman's finished products containing 
krypton-85 lamps and krypton-85 spare bulbs.
    3. As of April 2017, the licensee quarantined all remaining product 
in the Quality Assurance cage (QA cage) to further ensure no product 
would be distributed (which requires the Quality Manager signature to 
release).
    4. As of May 18, 2017, no radioactive material remained at the 
Elkhart, IN, location, and all remaining imported bulbs in Elkhart were 
shipped back to the manufacturer.
    5. On June 29, 2017, Harman submitted an application to the State 
of California, and on December 15, 2017, received a California license 
for possession of krypton-85 at Harman's facility located in Moreno 
Valley, CA.
    6. Harman submitted an application for a distribution license in 
September 2017, and on December 15, 2017, NRC issued to Harman 
distribution license No. 04[dash]35446-01E.
    7. Harman engaged the services of a consultant to assist with the 
NRC license application.
    8. Harman has established the position of Compliance Manager. This 
role is in addition to the Radiation Safety Officer (RSO) for the 
license. The Compliance Manager is responsible for ensuring compliance 
with NRC requirements.
    9. Harman has established the New Product Introduction/Product 
Lifecycle Management (NPI/PLM) process.
    a. The NPI/PLM is a multistep process that includes determination 
of whether NRC requirements apply, and ensures compliance with NRC 
requirements.
    b. All new or changed products (to overall or component design), 
new or changed processes, or transfers of product undergo the process.
    c. When radioactive material is identified, the Compliance Manager 
and the RSO must approve that the process/component changes are 
consistent with NRC requirements.

Harman Future Actions to Enhance Compliance:

    1. Harman will maintain the position of Compliance Manager. This 
role is in addition to the RSO for the license. The Compliance Manager 
is responsible for ensuring compliance with NRC requirements.
    2. Harman will maintain the NPI/PLM process as described above.
    3. Within 90 days of the date of this Confirmatory Order, Harman 
will ensure that:
    a. The documented NPI/PLM process prompts the identification and 
application of NRC requirements (including regulatory, license, and 
Order).
    b. Applicable documents define the roles and responsibilities of 
the Compliance Manager and RSO, in the NPI/PLM process, as they relate 
to NRC requirements.
    4. Within 90 days of the date of this Confirmatory Order, Harman 
will issue a letter from the Compliance Manager to the President, Vice 
Presidents, and the Directors who report to the Vice President for 
Operations and Procurement, to ensure awareness of the violations and 
actions taken. The letter will include:
    a. A description of the violations, including a copy of the NRC 
letter dated June 7, 2018.
    b. The actions taken to restore compliance, including a copy of 
this Confirmatory Order.
    5. Within 90 days of the date of this Confirmatory Order, Harman 
will issue a communication to foreign suppliers of lighting products to 
Harman to promote awareness of the NRC requirements.
    a. The communication will include:
    i. That there are U.S. requirements for products containing 
radioactive material that will be imported and distributed within the 
U.S.
    ii. That selling product to customers could result in putting those 
entities in non-compliance with U.S. requirements.
    iii. Contact information for the NRC.

[[Page 49585]]

    iv. A request to pass the communication to the suppliers' 
affiliates and potentially impacted customers.
    b. Harman will provide a copy of the letter to NRC, 30 days in 
advance of issuance.
    6. Harman will conduct training for the participants in the NPI/PLM 
process.
    a. Harman will review and modify, if not already included, the 
current Compliance Training to ensure that it contains the following:
    i. NRC regulatory framework.
    ii. Applicable requirements for the activities being conducted.
    iii. The role of each NPI/PLM participant in ensuring compliance 
and the specific role of the Compliance Manager and RSO.
    b. The training will include an initial training and annual 
periodic training.
    c. The initial training will be completed within 180 days of the 
date of this Confirmatory Order.
    d. Harman will maintain documentation of individuals trained.
    7. Harman will continue to conduct training for all employees 
handling radioactive material.
    a. Content will include radiation safety and NRC requirements.
    b. The training will include an initial training and annual 
periodic training.
    c. The next training will be completed within 90 days of the date 
of this Confirmatory Order.
    d. Harman will maintain documentation of individuals trained.
    8. Beginning in calendar year 2020, Harman will perform an annual 
audit to ensure compliance with NRC requirements. The audit will be 
completed in the first quarter of each calendar year.
    9. By March 31, 2019:
    a. Harman will conduct an audit using an independent third-party 
consultant to evaluate compliance with NRC requirements.
    b. The audit will not commence prior to December 31, 2018.
    c. The audit will:
    i. Include review of compliance with NRC requirements.
    ii. Be documented by an audit report, including the scope, 
observations, and findings.
    d. Harman will provide to the NRC a copy of the consultant report, 
and a description of any corrective actions taken as a result of the 
audit.

General provisions:

    1. For the purposes of this agreement, the term ``requirements'' 
includes NRC rules, license and Order requirements.
    2. Unless otherwise specified, all dates are calendar days from the 
date of issuance of this Confirmatory Order.
    3. Unless otherwise specified, all documents required to be 
submitted to the NRC will be sent to: Director, Division of Materials 
Safety, Security, State and Tribal Programs, Office of Nuclear Material 
Safety and Safeguards, Two White Flint North, 11545 Rockville Pike, 
Rockville, MD 20852-2738, with copies to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852-2738, and to the Branch 
Chief, Materials Safety Licensing Branch, Division of Materials Safety, 
Security, State and Tribal Programs, Office of Nuclear Material Safety 
and Safeguards, Two White Flint North, 11545 Rockville Pike, Rockville, 
MD 20852-2738. Harman will also endeavor to provide courtesy electronic 
copies to the above individuals, at their NRC email addresses.
    4. NRC agrees not to issue a separate Notice of Violation.
    5. NRC will categorize the violations as one Severity Level III 
problem, with a civil penalty of half the base in the amount of $7,250.
    6. The Confirmatory Order will be considered escalated action 
consistent with the current NRC Enforcement Policy for future 
enforcement.
    7. In the event of the transfer of the possession and/or 
distribution licenses of Harman to another entity, the terms and 
conditions set forth hereunder shall continue to apply to the new 
entity and accordingly survive any transfer of ownership or license.
    8. Based on the completed actions described above, and the 
commitments described in Section V below, the NRC agrees to not pursue 
any further enforcement action based on the apparent violations 
identified in the NRC's June 7, 2018, letter.
    On September 21, 2018, Harman consented to issuing this 
Confirmatory Order with the commitments, as described in Section V 
below. Harman further agreed that this Confirmatory Order is to be 
effective upon issuance, the agreement memorialized in this 
Confirmatory Order settles the matter between the parties, and that it 
has waived its right to a hearing.

IV

    I find that the Harman actions completed, as described in Section 
III above, combined with the 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 
foregoing, I have determined that public health and safety require that 
Harman's commitments be confirmed by this Confirmatory Order. Based on 
the above and Harman's consent, this Confirmatory Order is effective 
upon issuance.

V

    Accordingly, pursuant to Sections 81, 161(b), 161(i), 161(o), 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 UPON ISSUANCE, THAT LICENSE NO. 
04[dash]35446[dash]01E IS MODIFIED AS FOLLOWS:
    1. Harman will maintain the position of Compliance Manager. This 
role is in addition to the Radiation Safety Officer (RSO) for the 
license. The Compliance Manager is responsible for ensuring compliance 
with NRC requirements.
    2. Harman will maintain the New Product Introduction/Product 
Lifecycle Management (NPI/PLM) process as described in Section III 
above.
    3. Within 90 days of the date of this Confirmatory Order, Harman 
will ensure that:
    a. The documented NPI/PLM process prompts the identification and 
application of NRC requirements (including regulatory, license, and 
Order).
    b. Applicable documents define the roles and responsibilities of 
the Compliance Manager and RSO, in the NPI/PLM process, as they relate 
to NRC requirements.
    4. Within 90 days of the date of this Confirmatory Order, Harman 
will issue a letter from the Compliance Manager to the President, Vice 
Presidents, and the Directors who report to the Vice President for 
Operations and Procurement, to ensure awareness of the violations and 
actions taken. The letter will include:
    a. A description of the violations, including a copy of the NRC 
letter dated June 7, 2018.
    b. The actions taken to restore compliance, including a copy of 
this Confirmatory Order.
    5. Within 90 days of the date of this Confirmatory Order, Harman 
will issue a communication to foreign suppliers of lighting products to 
Harman to promote awareness of the NRC requirements.
    a. The communication will include:
    i. That there are U.S. requirements for products containing 
radioactive material that will be imported and distributed within the 
U.S.
    ii. That selling product to customers could result in putting those 
entities in non-compliance with U.S. requirements.

[[Page 49586]]

    iii. Contact information for the NRC.
    iv. A request to pass the communication to the suppliers' 
affiliates and potentially impacted customers.
    b. Harman will provide a copy of the letter to NRC, 30 days in 
advance of issuance.
    6. Harman will conduct training for the participants in the NPI/PLM 
process.
    a. Harman will review and modify, if not already included, the 
current Compliance Training to ensure that it contains the following:
    i. NRC regulatory framework.
    ii. Applicable requirements for the activities being conducted.
    iii. The role of each NPI/PLM participant in ensuring compliance 
and the specific role of the Compliance Manager and RSO.
    b. The training will include an initial training and annual 
periodic training.
    c. The initial training will be completed within 180 days of the 
date of this Confirmatory Order.
    d. Harman will maintain documentation of individuals trained.
    7. Harman will continue to conduct training for all employees 
handling radioactive material.
    a. Content will include radiation safety and NRC requirements.
    b. The training will include an initial training and annual 
periodic training.
    c. The next training will be completed within 90 days of the date 
of this Confirmatory Order.
    d. Harman will maintain documentation of individuals trained.
    8. Beginning in calendar year 2020, Harman will perform an annual 
audit to ensure compliance with NRC requirements. The audit will be 
completed in the first quarter of each calendar year.
    9. By March 31, 2019:
    a. Harman will conduct an audit using an independent third-party 
consultant to evaluate compliance with NRC requirements.
    b. The audit will not commence prior to December 31, 2018.
    c. The audit will:
    i. Include review of compliance with NRC requirements.
    ii. Be documented by an audit report, including the scope, 
observations, and findings.
    d. Harman will provide to NRC a copy of the consultant report, and 
a description of any corrective actions taken as a result of the audit.
    10. Harman will pay a civil penalty in the amount of $7,250.
    For the purposes of this agreement, the term ``requirements'' 
includes NRC rules, license and Order requirements.
    Unless otherwise specified, all dates are calendar days from the 
date of issuance of the Confirmatory Order.
    Unless otherwise specified, all documents required to be submitted 
to the NRC will be sent to: Director, Division of Materials Safety, 
Security, State and Tribal Programs, Office of Nuclear Material Safety 
and Safeguards, Two White Flint North, 11545 Rockville Pike, Rockville, 
MD 20852-2738, with copies to the Director, Office of Enforcement, U.S. 
Nuclear Regulatory Commission, One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852-2738, and to the Branch Chief, Materials 
Safety Licensing Branch, Division of Materials Safety, Security, State 
and Tribal Programs, Office of Nuclear Material Safety and Safeguards, 
Two White Flint North, 11545 Rockville Pike, Rockville, MD 20852-2738. 
Harman will also endeavor to provide courtesy electronic copies to the 
above individuals, at their NRC email addresses.
    The Confirmatory Order will be considered escalated action 
consistent with NRC current Enforcement Policy for future enforcement.
    In the event of the transfer of the possession and/or distribution 
licenses of Harman to another entity, the terms and conditions set 
forth hereunder shall continue to apply to the new entity and 
accordingly survive any transfer of ownership or license.
    The Director, Office of Enforcement, NRC, may, in writing, relax or 
rescind any of the above conditions upon written request by Harman, and 
demonstration by Harman or its successors of good cause.

VI

    In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person 
adversely affected by this Confirmatory Order, other than Harman, may 
request a hearing within thirty (30) calendar days of the date of 
issuance of this Confirmatory Order. 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 made in writing to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555, and include a statement of good cause for the 
extension.
    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene (hereinafter 
``petition''), and documents filed by interested governmental entities 
participating 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 by 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. 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 
ten (10) calendar days prior to the filing deadline, the participant 
should contact the Office of the Secretary by e-mail 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[dash]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[dash]Filing system time-stamps the 
document and sends the submitter an e-mail notice confirming receipt of 
the document. The E-Filing system also distributes an e-mail 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

[[Page 49587]]

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 
e-mail 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.
    The Commission will issue a notice or order granting or denying a 
hearing request or intervention petition, designating the issues for 
any hearing that will be held and designating the Presiding Officer. A 
notice granting a hearing will be published in the Federal Register and 
served on the parties to the hearing.
    If a person (other than Harman) requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Confirmatory Order and shall address the 
criteria set forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a 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 Confirmatory Order should be 
sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), any person adversely affected by 
this Order, may, in addition to demanding a hearing, at the time the 
answer is filed or sooner, move the presiding officer to set aside the 
immediate effectiveness of the Order on the ground that the Order, 
including the need for immediate effectiveness, is not based on 
adequate evidence but on mere suspicion, unfounded allegations, or 
error. 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 thirty (30) calendar days 
from the date of issuance of this Confirmatory Order 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 effectiveness of this 
order.

    For the Nuclear Regulatory Commission,

Anne T. Boland,

Director, Office of Enforcement.

    Dated this 27th day of September 2018.

cc: The State of California

[FR Doc. 2018-21397 Filed 10-1-18; 8:45 am]
 BILLING CODE 7590-01-P