In the Matter of Steel City Gamma, LLC, 63106-63108 [2022-22573]
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63106
Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
information that they do not want to be
publicly disclosed in their comment
submission. Your request should state
that comment submissions are not
routinely edited to remove such
information before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the NRC is requesting
public comment on its intention to
request the OMB’s approval for the
information collection summarized
below.
1. The title of the information
collection: NRC Policy Statement,
‘‘Criteria for Guidance of States and
NRC in Discontinuance of NRC
Regulatory Authority and Assumption
Thereof by States Through Agreement,’’
Maintenance of Existing Agreement
State Programs, Requests for
Information Through the Integrated
Materials Performance Evaluation
Program (IMPEP) Questionnaire, and
Agreement State Participation in IMPEP.
2. OMB approval number: 3150–0183.
3. Type of submission: Extension.
4. The form number, if applicable:
Not applicable.
5. How often the collection is required
or requested: Every four years for
completion of the IMPEP questionnaire
in preparation for an IMPEP review.
One time for new Agreement State
applications. Annually for participation
by Agreement States in the IMPEP
reviews and fulfilling requirements for
Agreement States to maintain their
programs.
6. Who will be required or asked to
respond: All Agreement States who
have signed Agreements with NRC
under Section 274b. of the Atomic
Energy Act (Act) and any nonAgreement State seeking to sign an
Agreement with the Commission.
7. The estimated number of annual
responses: 65.
8. The estimated number of annual
respondents: 41.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 290,822.
10. Abstract: The States wishing to
become Agreement States are requested
to provide certain information to the
NRC as specified by the Commission’s
Policy Statement, ‘‘Criteria for Guidance
of States and NRC in Discontinuance of
NRC Regulatory Authority and
Assumption Thereof by States Through
Agreement.’’ The Agreement States need
to ensure that the radiation control
program under the Agreement remains
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adequate and compatible with the
requirements of Section 274 of the Act
and must maintain certain information.
The NRC conducts periodic evaluations
through IMPEP to ensure that these
programs are compatible with the NRC’s
program, meet the applicable parts of
the Act, and adequate to protect public
health and safety.
III. Specific Requests for Comments
The NRC is seeking comments that
address the following questions:
1. Is the proposed collection of
information necessary for the NRC to
properly perform its functions? Does the
information have practical utility?
Please explain your answer.
2. Is the estimate of the burden of the
information collection accurate? Please
explain your answer.
3. Is there a way to enhance the
quality, utility, and clarity of the
information to be collected?
4. How can the burden of the
information collection on respondents
be minimized, including the use of
automated collection techniques or
other forms of information technology?
Dated: October 13, 2022.
For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2022–22611 Filed 10–17–22; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[EA–21–045; NRC–2022–0168]
In the Matter of Steel City Gamma, LLC
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an Order
to Steel City Gamma, LLC, imposing a
civil monetary penalty of $25,600. The
NRC determined that two willful
violations of NRC regulations occurred
as identified during an investigation by
the NRC’s Office of Investigations that
was completed on March 1, 2021. The
violations involved Steel City Gamma’s
failure to file for reciprocity prior to
performing work in NRC jurisdiction
and Steel City Gamma’s performance of
licensed activities in NRC jurisdiction
without a valid NRC or Agreement State
license. This order is effective on the
date of issuance.
DATES: The Order was issued on October
11, 2022.
ADDRESSES: Please refer to Docket ID
NRC–2022–0168 when contacting the
SUMMARY:
PO 00000
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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
https://www.regulations.gov and search
for Docket ID NRC–2022–0168. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@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 publicly
available documents online in the
ADAMS Public Document collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, contact the
NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to
PDR.Resource@nrc.gov. The Order
imposing civil monetary penalty of
$25,600 is available in ADAMS under
Accession No. ML22208A036.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
Eastern Time (ET), Monday through
Friday, except Federal holidays.
Leelavathi Sreenivas, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
001; telephone: 301–287–9249, email:
Leelavathi.Sreenivas@nrc.gov.
SUPPLEMENTARY INFORMATION:
The text of
the Order is attached.
Dated: October 12, 2022.
For the Nuclear Regulatory Commission.
Mark D. Lombard,
Director, Office of Enforcement.
Attachment—Order Imposing Civil
Monetary Penalty of $25,600
United States of America
Nuclear Regulatory Commission
In the Matter of: STEEL CITY GAMMA,
LLC DAISYTOWN, PENNSYLVANIA
EA–21–045
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Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Notices
Order Imposing Civil Monetary Penalty
I
Steel City Gamma, LLC (Steel City Gamma)
was an industrial radiography company
located in Pennsylvania. From May 14, 2019,
until September 2020, Steel City Gamma was
authorized under the Commonwealth of
Pennsylvania radioactive materials license
No. PA–1633 to possess and utilize
byproduct material in up to three (3) devices
for the purposes of industrial radiography.
During the relevant time periods discussed
below, Steel City Gamma did not possess a
specific license issued by the Nuclear
Regulatory Commission (NRC) under Title 10
of the Code of Federal Regulations (10 CFR)
Part 30. However, as an Agreement state
licensee, Steel City Gamma was authorized to
conduct radiography in NRC jurisdiction
under the general NRC license granted
pursuant to 10 CFR 150.20.
II
U.S. NRC Office of Investigations (OI)
initiated an investigation on April 21, 2020,
to determine whether Steel City Gamma
deliberately conducted unauthorized and/or
unlicensed radiography activities within
NRC jurisdiction. The investigation
concluded that two violations of NRC
requirements occurred and that those
violations were willful. During a closed
predecisional enforcement conference held
on February 3, 2022, Steel City Gamma
acknowledged the violations and stated that
it would no longer conduct industrial
radiography and intended to withdraw the
application for an NRC license for another
company, A & B Testing.
A written Notice of Violation and Proposed
Imposition of Civil Penalty (Notice) was
served upon Steel City Gamma by letter
dated March 2, 2022. The Notice stated the
nature of the violations, the provisions of the
NRC’s requirements that the Steel City
Gamma violated, and the amount of the civil
penalty proposed for the violations. As of the
date of this Order, Steel City Gamma has not
responded to the Notice, paid the civil
penalty, or requested more time to do so.
khammond on DSKJM1Z7X2PROD with NOTICES
III
Because Steel City Gamma did not
response to the Notice, there are no
additional facts, explanations, or other
information to consider. The NRC staff has
determined that the violations occurred as
stated in the Notice and that the penalty
proposed for the violations identified in the
Notice should be imposed.
IV
In view of the foregoing and pursuant to
Section 234 of the Atomic Energy Act of
1954, as amended (Act), 42 U.S.C. 2282, and
10 CFR 2.205, it is hereby ordered that:
Steel City Gamma shall pay the civil
penalty in the amount of $25,600 within 30
days of the date of this Order through one of
the following two methods:
1. Submit the payment with Civil Penalty
Invoice No. EA–21–045 to the following
address: Office of the Chief Financial Officer,
U.S. Nuclear Regulatory Commission, P.O.
Box 979051, St. Louis, MO 63197, or
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2. Submit the payment in accordance with
NUREG/BR–0254, ‘‘Payment Methods.’’
In addition, at the time payment is made,
Steel City Gamma shall submit a statement
indicating when and by what method
payment was made to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North, 11555
Rockville Pike, Rockville, MD 20852–2738.
V
Steel City Gamma and any other person
adversely affected by this Order may request
a hearing on this Order within 30 days of the
date of the Order. Where good cause is
shown, consideration will be given to
extending the time to answer or request a
hearing. A request for extension of time must
be directed to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, and include a statement of good
cause for the extension.
All documents filed in NRC adjudicatory
proceedings including documents filed by an
interested State, local governmental body,
Federally recognized Indian Tribe, or
designated agency thereof that requests to
participate under 10 CFR 2.315(c), must be
filed in accordance with 10 CFR 2.302. 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, unless an
exemption permitting an alternative filing
method, as further discussed, is granted.
Detailed guidance on electronic submissions
is located in the ‘‘Guidance for Electronic
Submissions to the NRC’’ (ADAMS
Accession No. ML13031A056) and on the
NRC’s public website at https://www.nrc.gov/
site-help/e-submittals.html.
To comply with the procedural
requirements of E-Filing, at least 10 days
prior to the filing deadline, the participant
should contact the Office of the Secretary by
email at 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 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
website at https://www.nrc.gov/site-help/esubmittals/getting-started.html. After a
digital ID certificate is obtained and a docket
created, the participant must submit
adjudicatory documents in Portable
Document Format. Guidance on submissions
is available on the NRC’s public website at
https://www.nrc.gov/site-help/electronic-subref-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
PO 00000
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63107
to the E-Filing system no later than 11:59
p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system timestamps the document and sends the
submitter an email confirming receipt of the
document. The E-Filing system also
distributes an email that provides access to
the document to the NRC’s Office of the
General Counsel and any others who have
advised the Office of the Secretary that they
wish to participate in the proceeding, so that
the filer need not serve the document on
those participants separately. Therefore,
applicants and other participants (or their
counsel or representative) must apply for and
receive a digital ID certificate before
adjudicatory documents are filed to 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 website at
https://www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-free
call at 1–866–672–7640. The NRC Electronic
Filing Help Desk is available between 9:00
a.m. and 6:00 p.m., ET, Monday through
Friday, except Federal 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 in
accordance with 10 CFR 2.302(b)–(d).
Participants filing adjudicatory documents in
this manner are responsible for serving their
documents on all other participants.
Participants granted an exemption under 10
CFR 2.302(g)(2) must still meet the electronic
formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is
granted an exemption from 10 CFR
2.302(g)(1).
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket, which is publicly
available at https://adams.nrc.gov/ehd,
unless excluded pursuant to an order of the
presiding officer. If you do not have an NRCissued digital ID certificate as previously
described, 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.
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 should not
include copyrighted materials in their
submission.
If a person other than Steel City Gamma
requests a hearing, that person shall set forth
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63108
Federal Register / Vol. 87, No. 200 / Tuesday, October 18, 2022 / Notices
with particularity the manner in which his
interest is adversely affected by this Order
and shall address the criteria set forth in 10
CFR 2.309(d) and (f).
If a hearing is requested by Steel City
Gamma or any other person whose interest is
adversely affected, the Commission will issue
an Order designating the time and place of
any hearings. If a hearing is held, the issue
to be considered at such hearing shall be
whether this Order should be sustained. In
the absence of any request for hearing, or
written approval of an extension of time in
which to request a hearing, the provisions
specified in Section IV above shall be final
30 days from the date of this Order without
further order or proceedings. If an extension
of time for requesting a hearing has been
approved, the provisions specified in Section
IV shall be final when the extension expires
if a hearing request has not been received. If
payment has not been made by the date the
provisions of this Order become final, the
matter may be referred to the Attorney
General for collection.
For the Nuclear Regulatory Commission.
Mark D. Lombard, Director,
Office of Enforcement,
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
Excepted Service; May 2022
Office of Personnel
Management (OPM).
ACTION: Notice.
AGENCY:
This notice identifies
Schedule A, B, and C appointing
authorities applicable to a single agency
that were established or revoked from
May 1, 2022, to May 31, 2022.
FOR FURTHER INFORMATION CONTACT: Julia
Alford, Senior Executive Resources
Services, Senior Executive Services and
Performance Management, Employee
Services, 202–606–2246.
SUPPLEMENTARY INFORMATION: In
accordance with 5 CFR 213.103,
Schedule A, B, and C appointing
authorities available for use by all
SUMMARY:
agencies are codified in the Code of
Federal Regulations (CFR). Schedule A,
B, and C appointing authorities
applicable to a single agency are not
codified in the CFR, but the Office of
Personnel Management (OPM)
publishes a notice of agency-specific
authorities established or revoked each
month in the Federal Register at
www.gpo.gov/fdsys/. OPM also
publishes an annual notice of the
consolidated listing of all Schedule A,
B, and C appointing authorities, current
as of June 30, in the Federal Register.
Schedule A
No Schedule A Authorities to report
during May 2022.
Schedule B
No Schedule B Authorities to report
during May 2022.
Schedule C
The following Schedule C appointing
authorities were approved during May
2022.
Authorization
No.
Agency name
Organization name
Position title
DEPARTMENT OF AGRICULTURE
Office of Rural Development ..........
Farm Service Agency .....................
State Director—Arkansas ...............
State Executive Director—Texas ...
State Executive Director—Connecticut.
Chief of Staff ..................................
Senior Advisor for Export Controls
Deputy Director ..............................
Director of Public Affairs ................
DA220122
DA220123
DA220127
05/09/2022
05/09/2022
05/16/2022
DA220128
DC220106
DC220108
DC220110
05/20/2022
05/06/2022
05/06/2022
05/06/2022
Deputy Director, Office of Public
Engagement.
Senior Advisor ................................
DC220116
05/20/2022
CT220002
05/06/2022
Research Assistant ........................
DD220133
05/06/2022
Defense Fellow ...............................
Special Assistant ............................
DD220134
DD220138
05/10/2022
05/16/2022
Traveling Digital Director ................
DB220051
05/04/2022
Special Assistant ............................
DE220078
05/05/2022
Chief of Staff ..................................
DE220079
05/11/2022
Writer-Editor Speechwriter .............
Senior Advisor for Environmental
Education.
Deputy White House Liaison ..........
White House Liaison ......................
Special Advisor for Intergovernmental Affairs.
DE220080
EP220044
05/11/2022
05/04/2022
EP220047
EP220049
EP220046
05/04/2022
05/16/2022
05/03/2022
Special Assistant ............................
Regional Director, Kansas City,
MO Region VII.
Senior Advisor ................................
Scheduler .......................................
Senior Advisor, Oversight ..............
EP220048
DH220083
05/06/2022
05/03/2022
DH220087
DH220092
DH220094
05/12/2022
05/23/2022
05/31/2022
DEPARTMENT OF COMMERCE ...
COMMODITY FUTURES TRADING
COMMISSION.
DEPARTMENT OF DEFENSE .......
DEPARTMENT OF EDUCATION ...
DEPARTMENT OF ENERGY .........
ENVIRONMENTAL PROTECTION
AGENCY.
khammond on DSKJM1Z7X2PROD with NOTICES
Dated this 11th day of October 2022.
[FR Doc. 2022–22573 Filed 10–17–22; 8:45 am]
Risk Management Agency .............
Bureau of Industry and Security ....
Office of Executive Secretariat .......
National Telecommunications and
Information Administration.
Office of Business Liaison ..............
Office of the Chairperson ...............
Office of the Assistant to the Secretary of Defense (Public Affairs).
Washington Headquarters Services
Office of the Assistant Secretary of
Defense (Strategy, Plans and
Capabilities).
Office of Communications and Outreach.
Office of Manufacturing and Energy Supply Chains.
Office of the Under Secretary of
Energy.
Office of Public Affairs ....................
Office of Public Engagement and
Environmental Education.
Office of the Administrator .............
Office of the Associate Administrator for Congressional and
Intergovernmental Relations.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES.
VerDate Sep<11>2014
19:52 Oct 17, 2022
Office of Intergovernmental and
External Affairs.
Office of the Deputy Secretary .......
Office of the Secretary ...................
Office of the Assistant Secretary
for Legislation.
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Effective date
Agencies
[Federal Register Volume 87, Number 200 (Tuesday, October 18, 2022)]
[Notices]
[Pages 63106-63108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22573]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-21-045; NRC-2022-0168]
In the Matter of Steel City Gamma, LLC
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
Order to Steel City Gamma, LLC, imposing a civil monetary penalty of
$25,600. The NRC determined that two willful violations of NRC
regulations occurred as identified during an investigation by the NRC's
Office of Investigations that was completed on March 1, 2021. The
violations involved Steel City Gamma's failure to file for reciprocity
prior to performing work in NRC jurisdiction and Steel City Gamma's
performance of licensed activities in NRC jurisdiction without a valid
NRC or Agreement State license. This order is effective on the date of
issuance.
DATES: The Order was issued on October 11, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0168 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 https://www.regulations.gov and search for Docket ID NRC-2022-0168. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, contact the NRC's Public Document
Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email
to [email protected]. The Order imposing civil monetary penalty of
$25,600 is available in ADAMS under Accession No. ML22208A036.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. Eastern Time (ET), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Leelavathi Sreenivas, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
001; telephone: 301-287-9249, email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: October 12, 2022.
For the Nuclear Regulatory Commission.
Mark D. Lombard,
Director, Office of Enforcement.
Attachment--Order Imposing Civil Monetary Penalty of $25,600
United States of America
Nuclear Regulatory Commission
In the Matter of: STEEL CITY GAMMA, LLC DAISYTOWN, PENNSYLVANIA
EA-21-045
[[Page 63107]]
Order Imposing Civil Monetary Penalty
I
Steel City Gamma, LLC (Steel City Gamma) was an industrial
radiography company located in Pennsylvania. From May 14, 2019,
until September 2020, Steel City Gamma was authorized under the
Commonwealth of Pennsylvania radioactive materials license No. PA-
1633 to possess and utilize byproduct material in up to three (3)
devices for the purposes of industrial radiography. During the
relevant time periods discussed below, Steel City Gamma did not
possess a specific license issued by the Nuclear Regulatory
Commission (NRC) under Title 10 of the Code of Federal Regulations
(10 CFR) Part 30. However, as an Agreement state licensee, Steel
City Gamma was authorized to conduct radiography in NRC jurisdiction
under the general NRC license granted pursuant to 10 CFR 150.20.
II
U.S. NRC Office of Investigations (OI) initiated an
investigation on April 21, 2020, to determine whether Steel City
Gamma deliberately conducted unauthorized and/or unlicensed
radiography activities within NRC jurisdiction. The investigation
concluded that two violations of NRC requirements occurred and that
those violations were willful. During a closed predecisional
enforcement conference held on February 3, 2022, Steel City Gamma
acknowledged the violations and stated that it would no longer
conduct industrial radiography and intended to withdraw the
application for an NRC license for another company, A & B Testing.
A written Notice of Violation and Proposed Imposition of Civil
Penalty (Notice) was served upon Steel City Gamma by letter dated
March 2, 2022. The Notice stated the nature of the violations, the
provisions of the NRC's requirements that the Steel City Gamma
violated, and the amount of the civil penalty proposed for the
violations. As of the date of this Order, Steel City Gamma has not
responded to the Notice, paid the civil penalty, or requested more
time to do so.
III
Because Steel City Gamma did not response to the Notice, there
are no additional facts, explanations, or other information to
consider. The NRC staff has determined that the violations occurred
as stated in the Notice and that the penalty proposed for the
violations identified in the Notice should be imposed.
IV
In view of the foregoing and pursuant to Section 234 of the
Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10
CFR 2.205, it is hereby ordered that:
Steel City Gamma shall pay the civil penalty in the amount of
$25,600 within 30 days of the date of this Order through one of the
following two methods:
1. Submit the payment with Civil Penalty Invoice No. EA-21-045
to the following address: Office of the Chief Financial Officer,
U.S. Nuclear Regulatory Commission, P.O. Box 979051, St. Louis, MO
63197, or
2. Submit the payment in accordance with NUREG/BR-0254,
``Payment Methods.''
In addition, at the time payment is made, Steel City Gamma shall
submit a statement indicating when and by what method payment was
made to the Director, Office of Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North, 11555 Rockville Pike, Rockville,
MD 20852-2738.
V
Steel City Gamma and any other person adversely affected by this
Order may request a hearing on this Order within 30 days of the date
of the Order. Where good cause is shown, consideration will be given
to extending the time to answer or request a hearing. A request for
extension of time must be directed to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, and include a
statement of good cause for the extension.
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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, unless an exemption permitting an alternative filing method,
as further discussed, is granted. Detailed guidance on electronic
submissions is located in the ``Guidance for Electronic Submissions
to the NRC'' (ADAMS Accession No. ML13031A056) and on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least
10 days prior to the filing deadline, the participant should contact
the Office of the Secretary by email at [email protected], or
by telephone at 301-415-1677, to (1) request a digital
identification (ID) certificate, which allows the participant (or
its counsel or representative) to digitally sign submissions and
access the E-Filing system for any proceeding in which it is
participating; and (2) advise the Secretary that the participant
will be submitting a petition or other adjudicatory document (even
in instances in which the participant, or its counsel or
representative, already holds an NRC-issued digital ID certificate).
Based upon this information, the Secretary will establish an
electronic docket for the 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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID
certificate is obtained and a docket created, the participant must
submit adjudicatory documents in Portable Document Format. Guidance
on submissions is available on the NRC's public website at https://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. ET on
the due date. Upon receipt of a transmission, the E-Filing system
time-stamps the document and sends the submitter an email confirming
receipt of the document. The E-Filing system also distributes an
email that provides access to the document to the NRC's Office of
the General Counsel and any others who have advised the Office of
the Secretary that they wish to participate in the proceeding, so
that the filer need not serve the document on those participants
separately. Therefore, applicants and other participants (or their
counsel or representative) must apply for and receive a digital ID
certificate before adjudicatory documents are filed to 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 website at https://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-
free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is
available between 9:00 a.m. and 6:00 p.m., ET, Monday through
Friday, except Federal 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this
manner are responsible for serving their documents on all other
participants. Participants granted an exemption under 10 CFR
2.302(g)(2) must still meet the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the participant also seeks and is granted
an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in
the NRC's electronic hearing docket, which is publicly available at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of
the presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, 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. 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 should not include copyrighted materials
in their submission.
If a person other than Steel City Gamma requests a hearing, that
person shall set forth
[[Page 63108]]
with particularity the manner in which his interest is adversely
affected by this Order and shall address the criteria set forth in
10 CFR 2.309(d) and (f).
If a hearing is requested by Steel City Gamma or any other
person whose interest is adversely affected, the Commission will
issue an Order designating the time and place of any hearings. If a
hearing is held, the issue to be considered at such hearing shall be
whether this Order should be sustained. In the absence of any
request for hearing, or written approval of an extension of time in
which to request a hearing, the provisions specified in Section IV
above shall be final 30 days from the date of this Order without
further order or proceedings. If an extension of time for requesting
a hearing has been approved, the provisions specified in Section IV
shall be final when the extension expires if a hearing request has
not been received. If payment has not been made by the date the
provisions of this Order become final, the matter may be referred to
the Attorney General for collection.
For the Nuclear Regulatory Commission.
Mark D. Lombard, Director,
Office of Enforcement,
Dated this 11th day of October 2022.
[FR Doc. 2022-22573 Filed 10-17-22; 8:45 am]
BILLING CODE 7590-01-P