In the Matter of Glow Rhino LLC; Confirmatory Order, 85566-85570 [2024-24829]
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85566
Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
The Merit
Systems Protection Board (MSPB) is
publishing the names of the current
members of its Performance Review
Board (PRB) as required by 5 U.S.C.
4314(c)(4) and 5 CFR 430.311. Laura M.
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III, Federal Labor Relations Authority,
serve as members of the PRB.
SUPPLEMENTARY INFORMATION:
Gina K. Grippando,
Clerk of the Board.
[FR Doc. 2024–24936 Filed 10–25–24; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
[EA–23–140; NRC–2024–0162]
In the Matter of Glow Rhino LLC;
Confirmatory Order
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) issued a
Confirmatory Order to Glow Rhino, LLC
(Glow Rhino) to document
commitments made as part of a
settlement agreement between the NRC
and Glow Rhino following an
alternative dispute resolution mediation
session held on July 18, 2024. The
mediation addressed two apparent
violations involving the possession and
distribution of devices containing
radioactive materials without the
appropriate NRC licenses. Glow Rhino
has committed to corrective actions in
the following areas: return of
unapproved models in Glow Rhino
possession, establishing and
maintaining written documentation and
procedures, and training. The
Confirmatory Order became effective
upon issuance.
DATES: The Confirmatory Order was
issued on October 16, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2024–0162 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–2024–0162. 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
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SUMMARY:
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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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. The
Confirmatory Order is available in
ADAMS under Accession No.
ML24250A125.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. 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 a.m. and 4 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–
0001; telephone: 301–287–9249; email:
Leelavathi.Sreenivas@nrc.gov.
SUPPLEMENTARY INFORMATION: The text of
the Order is attached.
Dated: October 21, 2024.
For the Nuclear Regulatory Commission.
David L. Pelton,
Director, Office of Enforcement.
Attachment—Glow Rhino, LLC—ADR
Confirmatory Order
United States of America
Nuclear Regulatory Commission
In the Matter of: Glow Rhino, LLC,
Dearborn, Michigan, EA–23—140
Confirmatory Order Effective Upon
Issuance
I
Glow Rhino, LLC. (Glow Rhino) is a
limited liability company and a
commercial seller of consumer products
that contain tritium it purchases and
receives from initial distributors that
have been licensed by NRC. This
Confirmatory Order (CO) is the result of
an agreement reached during an
Alternative Dispute Resolution (ADR)
mediation session conducted on July 18,
2024, in Rockville, Maryland, to address
two apparent violations.
II
On November 15, 2022, the NRC’s
Office of Investigations (OI) opened an
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investigation (OI Case No. 3–2023–003).
The purpose of the investigation was to
determine whether Glow Rhino was in
compliance with NRC’s regulatory
requirements related to Glow Rhino’s
possession and distribution of products
containing radioactive material.
Based on the conclusions of the
investigation, the NRC issued two
apparent violations that were
documented in an NRC letter, dated
April 11, 2024,
(Agencywide Documents Access and
Management System (ADAMS)
Accession No. ML24102A272). The NRC
letter identified two apparent violations
of Title 10 of the Code of Federal
Regulations (10 CFR) 30.3, ‘‘Activities
requiring license’’. The violations are
related to the possession and
distribution of products containing
radioactive material without the
appropriate licenses or authorizations
from the NRC.
10 CFR 30.3(a), ‘‘Activities requiring
license’’ states, in part, that no person
shall manufacture, produce, transfer,
receive, acquire, own, possess, or use
byproduct material except as authorized
in a specific or general license issued in
accordance with the regulations in this
chapter.
The investigation identified that
between approximately January 6, 2021,
to October 4, 2023, Glow Rhino
possessed a number of consumer
products that contained licensable
quantities of byproduct material
(tritium) that was not authorized by a
specific or general license. Specifically,
Glow Rhino possessed products
containing tritium that were not
authorized by a possession license and
were not exempt from the requirements
for a possession license. In addition, the
investigation identified that between
approximately January 6, 2021, to
October 4, 2023, Glow Rhino transferred
products containing byproduct material
to persons not possessing a license,
without having been evaluated by the
NRC and registered in the Sealed Source
and Device Registry (SSDR) or
authorized for distribution by a license
issued pursuant to 10 CFR 30.3(a). The
NRC has determined that certain
consumer product models possessed
and distributed by Glow Rhino did not
match the description and information
in the SSDR. The models identified in
the apparent violations were: Tritium
Pry Bar, Tritium Glow Fob, Tritium
Keybar, Ember Fob, Griffin Pocket Tool,
Spyderco Paramilitary 3, G10 Scales,
Tritium Benchmade Thumbstud—Glow
Rhino, Tritium Benchmade Bugout Axis
Lockbar, G10 Tritium Scales for the
Benchmade Bugout, Tritium
Benchmade Griptilian Axis Lockbar,
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and Tritium Mini Benchmade Griptilian
Axis Lockbar. Subsequently, NRC
approved two of the models, authorizing
possession and distribution of those
models as of the approval date. On
March 1, 2023, NRC approved the
Tritium Pry Bar model included in the
apparent violation. On October 4, 2023,
NRC approved the Tritium Glow Fob
with the exoskeleton included in the
apparent violation.
When issuing the apparent violations,
the NRC provided Glow Rhino an
opportunity to respond in writing,
attend a pre-decisional enforcement
conference or participate in an ADR
mediation session to resolve these
concerns. In response, Glow Rhino
requested the use of the NRC’s ADR
process. On July 18, 2024, the NRC and
Glow Rhino conducted an ADR session
mediated by a professional mediator,
arranged through Cornell University’s
Scheinman 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 to
resolve any differences regarding the
dispute. This Confirmatory Order is
issued pursuant to the agreement
reached during the ADR process.
III
NRC and Glow Rhino reached a
preliminary settlement agreement
during a full-day mediation session that
was conducted on July 18, 2024. The
elements of the agreement include the
following:
1. The Confirmatory Order will
acknowledge the following actions have
been completed:
Æ Glow Rhino ceased distribution, of
all the models in the apparent violation
(AV), except glow fob and pry bar, from
9/9/23 to present.
Æ Glow Rhino ceased distribution of
glow fob 9/21/22–10/4/23 and pry bar
10/13/22–3/1/23. Glow Rhino resumed
distribution after the models were
authorized by NRC.
Æ Glow Rhino recalled available
products back in from third-party
vendors.
2. NRC and Glow Rhino agree to
disagree on the issue of whether the
models referenced in NRC letter dated
4/11/24 letter are authorized or not.
3. Glow Rhino will provide access to
NRC for inspection to allow NRC
independent verification that
Confirmatory Order conditions have
been satisfied. The inspection will be an
announced inspection.
4. Within 90 days, Glow Rhino will
provide written confirmation to NRC
that it has returned all units for models
specifically listed in AV1 to the supplier
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(or another entity licensed to possess
tritium). The written confirmation will
include, for each model listed in AV1:
the Glow Rhino model number, the
number of units in Glow Rhino’s
possession, the number of units
transferred, the name and license
number of the entity it was transferred
to, and the date of transfer. Glow Rhino
will obtain written documentation of
transfer from the licensee(s) that they
transferred the material to. Glow Rhino
will provide a copy of that
documentation to NRC.
5. Glow Rhino will establish and
maintain a crosswalk.
Æ Within 45 days, Glow Rhino will
provide a list of all Glow Rhino models
still in Glow Rhino possession that
contain radioactive material. The list
will include the Glow Rhino model
number.
Æ Within 90 days, for each model in
the list, Glow Rhino will:
D (A) establish and maintain a written
crosswalk. The crosswalk will list all
models possessed by Glow Rhino. For
each model, the crosswalk will list: the
supplier’s name, the supplier exempt
license number, the supplier registered
model number, and written
confirmation from the supplier that the
model is an authorized model (i.e., has
been distributed under an exempt
distribution license and is registered in
accordance with 10 CFR 32.210). The
crosswalk will be updated to include
any changed or new models prior to
Glow Rhino distribution of those
models.
D or (B) For any model not included
on the crosswalk in (A), Glow Rhino
will provide written documentation that
Glow Rhino has returned all units of
that model to the supplier.
Æ Within 90 days, Glow Rhino will
provide to NRC,
D (A) the initial copy of the written
crosswalk of models in Glow Rhino
possession
D and (B) a copy of the written
documentation of returned models.
Æ Glow Rhino will maintain the
crosswalk in (A) for a minimum of 3
years.
Æ A copy of the crosswalk will be
maintained on site available for NRC
review. A copy will be provided to NRC
upon request.
6. Within 90 days, Glow Rhino will
establish and implement a written
procedure to verify that Glow Rhino
only possesses authorized models.
Æ The procedure will include
instructions for:
D the development and maintenance
of the crosswalk
D how the crosswalk is used to verify
only authorized models are ordered
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D updating the crosswalk to include
any changed or new models prior to
Glow Rhino distribution of those
models.
Æ A copy of the procedure will be
maintained on site available for NRC
review. A copy will be provided to NRC
upon request.
7. Within 120 days, all Glow Rhino
individuals involved in the tritium
product verification and acquisition will
be trained in the applicable Glow Rhino
procedures/processes, as applicable for
their role.
Æ Training will include reading the
procedures established within this
Agreement in Principle.
Æ Training for management will also
include: reading the NRC letter dated 4/
11/24 and reading the NRC
Confirmatory Order.
Æ Glow Rhino will provide training to
new individuals involved in tritium
product verification and acquisition and
will do annual refresher training for a
minimum 3 years.
Æ Training will be documented, and
the documentation will include the
date, names, and a summary of content.
Æ A copy will be maintained on site
available for NRC review. A copy will
be provided to NRC upon request.
The NRC considers the actions
discussed above to be appropriately
prompt and comprehensive.
The NRC agrees to not issue a separate
Notice of Violation to Glow Rhino.
The NRC agrees to not impose a civil
penalty.
The NRC agrees not to pursue any
further enforcement action in
connection with the NRC’s April 11,
2024, letter to Glow Rhino (EA–23–140).
Unless otherwise specified, all dates
are 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, Office
of Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North,
11555 Rockville Pike, Rockville, MD
20852–2738, with a copy to the Director,
Materials Safety, Security, State, and
Tribal Programs, Two White Flint
North, 11545 Rockville Pike, Rockville,
MD 20852–2738.
This agreement is binding upon
successors and assigns of Glow Rhino.
In the event of the transfer of the
ownership of Glow Rhino to another
entity, the terms and conditions set
forth hereunder shall continue to apply
and accordingly survive any transfer of
ownership.
Based on the completed (and
planned) actions described above, and
the commitments described in Section V
below, the NRC agrees to not pursue any
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further enforcement action based on the
apparent violations identified in NRC’s
April 11, 2024, letter (see Section II).
On October 08, 2024, Glow Rhino
consented to issuing this Confirmatory
Order with the commitments, as
described in Section V below. Glow
Rhino further agreed that this
Confirmatory Order is to be effective
upon issuance, and that the agreement
memorialized in this Confirmatory
Order settles the matter between the
parties, and Glow Rhino has waived its
right to a hearing.
IV
I find that the actions completed or
planned by Glow Rhino, as described in
Section III above, combined with the
commitments as set forth in Section V,
are acceptable and necessary, and
conclude that public health and safety
are reasonably assured with these
completed actions and commitments. In
view of the foregoing, I have determined
that public health and safety require
that Glow Rhino’s commitments be
confirmed by this Order. Based on the
above and Glow Rhino’s consent, this
Confirmatory Order is effective upon
issuance.
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V
Accordingly, pursuant to Sections 81,
161b, 161i, 161o, 182, and 186 of the
Atomic Energy Act of 1954, as amended,
and the Commission’s regulations in 10
CFR 2.202 and 10 CFR part 30, as
applicable, it is hereby ordered, effective
upon issuance, that:
1. NRC and Glow Rhino agree to
disagree on the issue of whether the
models referenced in NRC letter dated
April 11, 2024, are authorized or not.
However, Glow Rhino accepts the NRC
determination for the purposes of
restoring compliance and addressing
corrective actions.
2. The following actions have been
completed, based on the NRC
determination that the models in the
apparent violations in NRC letter dated
April 11, 2024, were not authorized:
a. Glow Rhino ceased distribution, of
all the models in the apparent violations
(AV), except glow fob and pry bar, from
September 9, 2023, to present. The
models identified in the AVs were:
Tritium Pry Bar, Tritium Glow Fob,
Tritium Keybar, Ember Fob, Griffin
Pocket Tool, Spyderco Paramilitary 3,
G10 Scales, Tritium Benchmade
Thumbstud—Glow Rhino, Tritium
Benchmade Bugout Axis Lockbar, G10
Tritium Scales for the Benchmade
Bugout, Tritium Benchmade Griptilian
Axis Lockbar, and Tritium Mini
Benchmade Griptilian Axis Lockbar.
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b. Glow Rhino ceased distribution of
Tritium Glow Fob from September 21,
2022, to October 4, 2023, and Tritium
Pry Bar from October 13, 2022, to March
1, 2023. Glow Rhino resumed
distribution after the models were
authorized by NRC.
c. Glow Rhino recalled available
product back in from third-party
vendors.
3. Glow Rhino will provide access to
NRC for inspection to allow NRC
independent verification that
Confirmatory Order conditions have
been satisfied. The inspection will be an
announced inspection.
4. Within 90 days, Glow Rhino will
provide written confirmation to NRC
that it has returned all units for models
specifically listed in AV1 to the supplier
(or another entity licensed to possess
the radioactive material). The written
confirmation will include, for each
model listed in AV1: the Glow Rhino
model number, the number of units in
Glow Rhino’s possession, the number of
units transferred, the name and license#
of the entity it was transferred to, and
the date of transfer. The written
confirmation will also include written
documentation of receipt from the
licensee(s) that Glow Rhino transferred
the material to.
5. Glow Rhino will establish and
maintain a crosswalk.
a. Within 45 days, Glow Rhino will
provide in writing to NRC a list of all
Glow Rhino models still in Glow
Rhino’s possession that contain
radioactive material. The list will
include the Glow Rhino model number.
b. Within 90 days, for each model in
the list, Glow Rhino will:
(A) establish and maintain a written
crosswalk. The crosswalk will list all
models possessed by Glow Rhino. For
each model, the crosswalk will list: the
supplier’s name, the supplier exempt
license number, the supplier registered
model number, and written
confirmation from the supplier that the
model is an authorized model (i.e., it
has been distributed under an exempt
distribution license and is registered in
accordance with 10 CFR 32.210). The
crosswalk will be updated to include
any changed or new models prior to
Glow Rhino distribution of those
models, and
(B) For any model not included on the
crosswalk in (A), Glow Rhino will
provide written confirmation to NRC
that Glow Rhino has returned all units
of that model to the supplier. The
written confirmation will include, for
each model: the Glow Rhino model
number, the number of units in Glow
Rhino’s possession, the number of units
transferred, the name and license# of
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Sfmt 4703
the entity it was transferred to, and the
date of transfer. The written
confirmation will also include written
documentation of receipt from the
licensee(s) (or other entity licensed to
possess the radioactive material) to
which Glow Rhino transferred the
material.
c. Within 90 days, Glow Rhino will
provide to NRC,
(A) the initial copy of the written
crosswalk of models in Glow Rhino
possession and (B) a copy of the written
documentation of returned models.
d. Glow Rhino will maintain the
written crosswalk in (A) for a minimum
of 3 years.
e. A copy the crosswalk will be
maintained on site available for NRC
review. A copy will be provided to NRC
upon request.
6. Within 90 days, Glow Rhino will
establish and implement a written
procedure to verify that Glow Rhino
only possesses authorized models.
Authorized models are models that have
been authorized by NRC for distribution
under an exempt distribution license.
a. The procedure will include
instructions for:
1. the development and maintenance
of the crosswalk required by Condition
5,
2. how the crosswalk is used to verify
that only authorized models are ordered
3. and, updating the crosswalk to
include any changed or new models
prior to Glow Rhino’s distribution of
those models.
b. Glow Rhino will maintain and
implement the written procedure for a
minimum of 5 years.
c. A copy of the procedure will be
maintained on site available for NRC
review. A copy will be provided to NRC
upon request.
7. Within 120 days, all Glow Rhino
individuals involved in the tritium
product verification and acquisition will
be trained in the applicable Glow Rhino
procedures/processes, as applicable for
their role.
a. Training will include reading the
procedures established through this
Confirmatory Order.
b. Training for management will also
include: reading the NRC letter dated
April 11, 2024, and reading this
Confirmatory Order.
c. Glow Rhino will provide training to
new individuals involved in tritium
product verification and acquisition.
This training will be provided prior to
the new individual engaging in
activities involving tritium product
verification and acquisition.
d. Glow Rhino will do annual
refresher training for all individuals for
a minimum of 3 years.
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e. Training will be documented and
include date, names of the individuals
trained, name of the individual
conducting the training, and a summary
of the content.
f. Glow Rhino will maintain the
training documentation for a minimum
of 5 years.
g. A copy of training records will be
maintained on site available for NRC
review. A copy will be provided to NRC
upon request.
The NRC considers the actions
discussed above to be appropriately
prompt and comprehensive.
The NRC agrees to not issue a separate
Notice of Violation to Glow Rhino.
The NRC agrees to not impose a civil
penalty.
The NRC agrees not to pursue any
further enforcement action in
connection with the NRC’s April 11,
2024, letter to Glow Rhino (EA–23–140).
Unless otherwise specified, all
documents required to be submitted to
the NRC will be sent to: Director, Office
of Enforcement, U.S. Nuclear Regulatory
Commission, One White Flint North,
11555 Rockville Pike, Rockville, MD
20852–2738, with a copy to the Director,
Materials Safety, Security, State, and
Tribal Programs, Two White Flint
North, 11545 Rockville Pike, Rockville,
MD 20852–2738.
This agreement is binding upon
successors and assigns of Glow Rhino.
In the event of the transfer of the
ownership of Glow Rhino to another
entity, the terms and conditions set
forth hereunder shall continue to apply
and accordingly survive any transfer of
ownership.
The Director, Office of Enforcement,
may, in writing, relax, rescind, or
withdraw any of the above conditions
upon demonstration by Glow Rhino 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 CO, other than Glow
Rhino, may request a hearing within 30
calendar days of the date of issuance of
this CO. 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 and petition for
leave to intervene (petition), any motion
or other document filed in the
proceeding prior to the submission of a
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19:13 Oct 25, 2024
Jkt 265001
petition, and documents filed by
interested governmental entities that
request 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 making electronic submissions may
be found 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/esubmittals.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 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 website at https://
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 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. Eastern Time (ET) on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
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85569
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 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 website at https://
www.nrc.gov/site-help/esubmittals.html, by email 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., ET, Monday
through Friday, excluding Federal
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 in accordance with
10 CFR 2.302(b)–(d). Participants filing
adjudicatory documents in this manner
are responsible for serving the
document 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
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
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Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices
2024. There will be no in-person
gathering for this meeting.
DATES: The virtual meeting will be held
on November 21, 2024, beginning at
10:00 a.m. (ET).
ADDRESSES: The meeting will convene
virtually.
FOR FURTHER INFORMATION CONTACT: Ana
Paunoiu, 202–606–2858, or email pay
policy@opm.gov.
SUPPLEMENTARY INFORMATION: The
Federal Prevailing Rate Advisory
Committee is composed of a Chair, five
representatives from labor unions
holding exclusive bargaining rights for
Federal prevailing rate employees, and
five representatives from Federal
agencies. Entitlement to membership on
the Committee is provided for in 5
U.S.C. 5347.
The Committee’s primary
responsibility is to review the Prevailing
Rate System and other matters pertinent
to establishing prevailing rates under
subchapter IV, chapter 53, 5 U.S.C., as
amended, and from time to time advise
the Office of Personnel Management.
Annually, the Chair compiles a report
of pay issues discussed and concluded
recommendations. These reports are
available to the public. Reports for
calendar years 2008 to 2023 are posted
at https://www.opm.gov/fprac. Previous
reports are also available, upon written
request to the Committee.
The public is invited to submit
material in writing to the Chair on
Federal Wage System pay matters felt to
be deserving of the Committee’s
attention. Additional information on
these meetings may be obtained by
contacting the Committee at Office of
Personnel Management, Federal
Prevailing Rate Advisory Committee,
For the Nuclear Regulatory Commission.
Room 7H31, 1900 E Street NW,
David L. Pelton, Director
Washington, DC 20415, (202) 606–2858.
/RA/
This meeting is open to the public,
Office of Enforcement
with
an audio option for listening. This
Dated this 16th day of October 2024
notice sets forth the participation
[FR Doc. 2024–24829 Filed 10–25–24; 8:45 am]
guidelines for the meeting.
BILLING CODE 7590–01–P
Meeting Agenda. The committee
meets to discuss various agenda items
related to the determination of
OFFICE OF PERSONNEL
prevailing wage rates for the Federal
MANAGEMENT
Wage System. The committee’s agenda
is approved one week prior to the public
Federal Prevailing Rate Advisory
meeting and will be available upon
Committee Virtual Public Meeting
request at that time.
Public Participation: The November
AGENCY: Office of Personnel
21, 2024, meeting of the Federal
Management.
Prevailing Rate Advisory Committee is
ACTION: Notice.
open to the public through advance
SUMMARY: According to the provisions of registration. Public participation is
available for the meeting. All
section 10 of the Federal Advisory
individuals who plan to attend the
Committee Act, notice is hereby given
virtual public meeting to listen must
that a virtual meeting of the Federal
register by sending an email to
Prevailing Rate Advisory Committee
will be held on Thursday, November 21, paypolicy@opm.gov with the subject
lotter on DSK11XQN23PROD with NOTICES1
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 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 Glow Rhino)
requests a hearing, that person shall set
forth with particularity the manner in
which his interest is adversely affected
by this CO 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 CO should be sustained.
In the absence of any request for
hearing, or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section V above shall be final 30 days
from the date of this CO 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.
VerDate Sep<11>2014
19:13 Oct 25, 2024
Jkt 265001
PO 00000
Frm 00083
Fmt 4703
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line ‘‘November 21, 2024’’ no later than
Tuesday, November 19, 2024.
The following information must be
provided when registering:
• Name.
• Agency and duty station.
• Email address.
• Your topic of interest.
Members of the press, in addition to
registering for this event, must also
RSVP to media@opm.gov by November
19, 2024.
A confirmation email will be sent
upon receipt of the registration. Audio
teleconference information for
participation will be sent to registrants
the morning of the virtual meeting.
Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
[FR Doc. 2024–25016 Filed 10–25–24; 8:45 am]
BILLING CODE 6325–39–P
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2025–115 and K2025–113;
MC2025–117 and K2025–115; MC2025–118
and K2025–116; MC2025–119 and K2025–
117; MC2025–120 and K2025–118; MC2025–
121 and K2025–119; MC2025–122 and
K2025–120; MC2025–123 and K2025–121;
MC2025–124 and K2025–122]
New Postal Products
Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
The Commission is noticing a
recent Postal Service filing for the
Commission’s consideration concerning
a negotiated service agreement. This
notice informs the public of the filing,
invites public comment, and takes other
administrative steps.
DATES: Comments are due: October 29,
2024.
ADDRESSES: Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
I. Introduction
II. Public Proceeding(s)
III. Summary Proceeding(s)
I. Introduction
Pursuant to 39 CFR 3041.405, the
Commission gives notice that the Postal
E:\FR\FM\28OCN1.SGM
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Agencies
[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85566-85570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24829]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[EA-23-140; NRC-2024-0162]
In the Matter of Glow Rhino LLC; Confirmatory Order
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued a
Confirmatory Order to Glow Rhino, LLC (Glow Rhino) to document
commitments made as part of a settlement agreement between the NRC and
Glow Rhino following an alternative dispute resolution mediation
session held on July 18, 2024. The mediation addressed two apparent
violations involving the possession and distribution of devices
containing radioactive materials without the appropriate NRC licenses.
Glow Rhino has committed to corrective actions in the following areas:
return of unapproved models in Glow Rhino possession, establishing and
maintaining written documentation and procedures, and training. The
Confirmatory Order became effective upon issuance.
DATES: The Confirmatory Order was issued on October 16, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0162 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-2024-0162. 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, at 301-415-4737, or by
email to [email protected]. The Confirmatory Order is available in
ADAMS under Accession No. ML24250A125.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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
a.m. and 4 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-
0001; telephone: 301-287-9249; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: October 21, 2024.
For the Nuclear Regulatory Commission.
David L. Pelton,
Director, Office of Enforcement.
Attachment--Glow Rhino, LLC--ADR Confirmatory Order
United States of America
Nuclear Regulatory Commission
In the Matter of: Glow Rhino, LLC, Dearborn, Michigan, EA-23--140
Confirmatory Order Effective Upon Issuance
I
Glow Rhino, LLC. (Glow Rhino) is a limited liability company and a
commercial seller of consumer products that contain tritium it
purchases and receives from initial distributors that have been
licensed by NRC. This Confirmatory Order (CO) is the result of an
agreement reached during an Alternative Dispute Resolution (ADR)
mediation session conducted on July 18, 2024, in Rockville, Maryland,
to address two apparent violations.
II
On November 15, 2022, the NRC's Office of Investigations (OI)
opened an investigation (OI Case No. 3-2023-003). The purpose of the
investigation was to determine whether Glow Rhino was in compliance
with NRC's regulatory requirements related to Glow Rhino's possession
and distribution of products containing radioactive material.
Based on the conclusions of the investigation, the NRC issued two
apparent violations that were documented in an NRC letter, dated April
11, 2024,
(Agencywide Documents Access and Management System (ADAMS)
Accession No. ML24102A272). The NRC letter identified two apparent
violations of Title 10 of the Code of Federal Regulations (10 CFR)
30.3, ``Activities requiring license''. The violations are related to
the possession and distribution of products containing radioactive
material without the appropriate licenses or authorizations from the
NRC.
10 CFR 30.3(a), ``Activities requiring license'' states, in part,
that no person shall manufacture, produce, transfer, receive, acquire,
own, possess, or use byproduct material except as authorized in a
specific or general license issued in accordance with the regulations
in this chapter.
The investigation identified that between approximately January 6,
2021, to October 4, 2023, Glow Rhino possessed a number of consumer
products that contained licensable quantities of byproduct material
(tritium) that was not authorized by a specific or general license.
Specifically, Glow Rhino possessed products containing tritium that
were not authorized by a possession license and were not exempt from
the requirements for a possession license. In addition, the
investigation identified that between approximately January 6, 2021, to
October 4, 2023, Glow Rhino transferred products containing byproduct
material to persons not possessing a license, without having been
evaluated by the NRC and registered in the Sealed Source and Device
Registry (SSDR) or authorized for distribution by a license issued
pursuant to 10 CFR 30.3(a). The NRC has determined that certain
consumer product models possessed and distributed by Glow Rhino did not
match the description and information in the SSDR. The models
identified in the apparent violations were: Tritium Pry Bar, Tritium
Glow Fob, Tritium Keybar, Ember Fob, Griffin Pocket Tool, Spyderco
Paramilitary 3, G10 Scales, Tritium Benchmade Thumbstud--Glow Rhino,
Tritium Benchmade Bugout Axis Lockbar, G10 Tritium Scales for the
Benchmade Bugout, Tritium Benchmade Griptilian Axis Lockbar,
[[Page 85567]]
and Tritium Mini Benchmade Griptilian Axis Lockbar. Subsequently, NRC
approved two of the models, authorizing possession and distribution of
those models as of the approval date. On March 1, 2023, NRC approved
the Tritium Pry Bar model included in the apparent violation. On
October 4, 2023, NRC approved the Tritium Glow Fob with the exoskeleton
included in the apparent violation.
When issuing the apparent violations, the NRC provided Glow Rhino
an opportunity to respond in writing, attend a pre-decisional
enforcement conference or participate in an ADR mediation session to
resolve these concerns. In response, Glow Rhino requested the use of
the NRC's ADR process. On July 18, 2024, the NRC and Glow Rhino
conducted an ADR session mediated by a professional mediator, arranged
through Cornell University's Scheinman 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
to resolve any differences regarding the dispute. This Confirmatory
Order is issued pursuant to the agreement reached during the ADR
process.
III
NRC and Glow Rhino reached a preliminary settlement agreement
during a full-day mediation session that was conducted on July 18,
2024. The elements of the agreement include the following:
1. The Confirmatory Order will acknowledge the following actions
have been completed:
[cir] Glow Rhino ceased distribution, of all the models in the
apparent violation (AV), except glow fob and pry bar, from 9/9/23 to
present.
[cir] Glow Rhino ceased distribution of glow fob 9/21/22-10/4/23
and pry bar 10/13/22-3/1/23. Glow Rhino resumed distribution after the
models were authorized by NRC.
[cir] Glow Rhino recalled available products back in from third-
party vendors.
2. NRC and Glow Rhino agree to disagree on the issue of whether the
models referenced in NRC letter dated 4/11/24 letter are authorized or
not.
3. Glow Rhino will provide access to NRC for inspection to allow
NRC independent verification that Confirmatory Order conditions have
been satisfied. The inspection will be an announced inspection.
4. Within 90 days, Glow Rhino will provide written confirmation to
NRC that it has returned all units for models specifically listed in
AV1 to the supplier (or another entity licensed to possess tritium).
The written confirmation will include, for each model listed in AV1:
the Glow Rhino model number, the number of units in Glow Rhino's
possession, the number of units transferred, the name and license
number of the entity it was transferred to, and the date of transfer.
Glow Rhino will obtain written documentation of transfer from the
licensee(s) that they transferred the material to. Glow Rhino will
provide a copy of that documentation to NRC.
5. Glow Rhino will establish and maintain a crosswalk.
[cir] Within 45 days, Glow Rhino will provide a list of all Glow
Rhino models still in Glow Rhino possession that contain radioactive
material. The list will include the Glow Rhino model number.
[cir] Within 90 days, for each model in the list, Glow Rhino will:
[ssquf] (A) establish and maintain a written crosswalk. The
crosswalk will list all models possessed by Glow Rhino. For each model,
the crosswalk will list: the supplier's name, the supplier exempt
license number, the supplier registered model number, and written
confirmation from the supplier that the model is an authorized model
(i.e., has been distributed under an exempt distribution license and is
registered in accordance with 10 CFR 32.210). The crosswalk will be
updated to include any changed or new models prior to Glow Rhino
distribution of those models.
[ssquf] or (B) For any model not included on the crosswalk in (A),
Glow Rhino will provide written documentation that Glow Rhino has
returned all units of that model to the supplier.
[cir] Within 90 days, Glow Rhino will provide to NRC,
[ssquf] (A) the initial copy of the written crosswalk of models in
Glow Rhino possession
[ssquf] and (B) a copy of the written documentation of returned
models.
[cir] Glow Rhino will maintain the crosswalk in (A) for a minimum
of 3 years.
[cir] A copy of the crosswalk will be maintained on site available
for NRC review. A copy will be provided to NRC upon request.
6. Within 90 days, Glow Rhino will establish and implement a
written procedure to verify that Glow Rhino only possesses authorized
models.
[cir] The procedure will include instructions for:
[ssquf] the development and maintenance of the crosswalk
[ssquf] how the crosswalk is used to verify only authorized models
are ordered
[ssquf] updating the crosswalk to include any changed or new models
prior to Glow Rhino distribution of those models.
[cir] A copy of the procedure will be maintained on site available
for NRC review. A copy will be provided to NRC upon request.
7. Within 120 days, all Glow Rhino individuals involved in the
tritium product verification and acquisition will be trained in the
applicable Glow Rhino procedures/processes, as applicable for their
role.
[cir] Training will include reading the procedures established
within this Agreement in Principle.
[cir] Training for management will also include: reading the NRC
letter dated 4/11/24 and reading the NRC Confirmatory Order.
[cir] Glow Rhino will provide training to new individuals involved
in tritium product verification and acquisition and will do annual
refresher training for a minimum 3 years.
[cir] Training will be documented, and the documentation will
include the date, names, and a summary of content.
[cir] A copy will be maintained on site available for NRC review. A
copy will be provided to NRC upon request.
The NRC considers the actions discussed above to be appropriately
prompt and comprehensive.
The NRC agrees to not issue a separate Notice of Violation to Glow
Rhino.
The NRC agrees to not impose a civil penalty.
The NRC agrees not to pursue any further enforcement action in
connection with the NRC's April 11, 2024, letter to Glow Rhino (EA-23-
140).
Unless otherwise specified, all dates are 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, Office of Enforcement, U.S.
Nuclear Regulatory Commission, One White Flint North, 11555 Rockville
Pike, Rockville, MD 20852-2738, with a copy to the Director, Materials
Safety, Security, State, and Tribal Programs, Two White Flint North,
11545 Rockville Pike, Rockville, MD 20852-2738.
This agreement is binding upon successors and assigns of Glow
Rhino. In the event of the transfer of the ownership of Glow Rhino to
another entity, the terms and conditions set forth hereunder shall
continue to apply and accordingly survive any transfer of ownership.
Based on the completed (and planned) actions described above, and
the commitments described in Section V below, the NRC agrees to not
pursue any
[[Page 85568]]
further enforcement action based on the apparent violations identified
in NRC's April 11, 2024, letter (see Section II).
On October 08, 2024, Glow Rhino consented to issuing this
Confirmatory Order with the commitments, as described in Section V
below. Glow Rhino further agreed that this Confirmatory Order is to be
effective upon issuance, and that the agreement memorialized in this
Confirmatory Order settles the matter between the parties, and Glow
Rhino has waived its right to a hearing.
IV
I find that the actions completed or planned by Glow Rhino, as
described in Section III above, combined with the commitments as set
forth in Section V, are acceptable and necessary, and conclude that
public health and safety are reasonably assured with these completed
actions and commitments. In view of the foregoing, I have determined
that public health and safety require that Glow Rhino's commitments be
confirmed by this Order. Based on the above and Glow Rhino's consent,
this Confirmatory Order is effective upon issuance.
V
Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182, and
186 of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR part 30, as applicable, it is
hereby ordered, effective upon issuance, that:
1. NRC and Glow Rhino agree to disagree on the issue of whether the
models referenced in NRC letter dated April 11, 2024, are authorized or
not. However, Glow Rhino accepts the NRC determination for the purposes
of restoring compliance and addressing corrective actions.
2. The following actions have been completed, based on the NRC
determination that the models in the apparent violations in NRC letter
dated April 11, 2024, were not authorized:
a. Glow Rhino ceased distribution, of all the models in the
apparent violations (AV), except glow fob and pry bar, from September
9, 2023, to present. The models identified in the AVs were: Tritium Pry
Bar, Tritium Glow Fob, Tritium Keybar, Ember Fob, Griffin Pocket Tool,
Spyderco Paramilitary 3, G10 Scales, Tritium Benchmade Thumbstud--Glow
Rhino, Tritium Benchmade Bugout Axis Lockbar, G10 Tritium Scales for
the Benchmade Bugout, Tritium Benchmade Griptilian Axis Lockbar, and
Tritium Mini Benchmade Griptilian Axis Lockbar.
b. Glow Rhino ceased distribution of Tritium Glow Fob from
September 21, 2022, to October 4, 2023, and Tritium Pry Bar from
October 13, 2022, to March 1, 2023. Glow Rhino resumed distribution
after the models were authorized by NRC.
c. Glow Rhino recalled available product back in from third-party
vendors.
3. Glow Rhino will provide access to NRC for inspection to allow
NRC independent verification that Confirmatory Order conditions have
been satisfied. The inspection will be an announced inspection.
4. Within 90 days, Glow Rhino will provide written confirmation to
NRC that it has returned all units for models specifically listed in
AV1 to the supplier (or another entity licensed to possess the
radioactive material). The written confirmation will include, for each
model listed in AV1: the Glow Rhino model number, the number of units
in Glow Rhino's possession, the number of units transferred, the name
and license# of the entity it was transferred to, and the date of
transfer. The written confirmation will also include written
documentation of receipt from the licensee(s) that Glow Rhino
transferred the material to.
5. Glow Rhino will establish and maintain a crosswalk.
a. Within 45 days, Glow Rhino will provide in writing to NRC a list
of all Glow Rhino models still in Glow Rhino's possession that contain
radioactive material. The list will include the Glow Rhino model
number.
b. Within 90 days, for each model in the list, Glow Rhino will:
(A) establish and maintain a written crosswalk. The crosswalk will
list all models possessed by Glow Rhino. For each model, the crosswalk
will list: the supplier's name, the supplier exempt license number, the
supplier registered model number, and written confirmation from the
supplier that the model is an authorized model (i.e., it has been
distributed under an exempt distribution license and is registered in
accordance with 10 CFR 32.210). The crosswalk will be updated to
include any changed or new models prior to Glow Rhino distribution of
those models, and
(B) For any model not included on the crosswalk in (A), Glow Rhino
will provide written confirmation to NRC that Glow Rhino has returned
all units of that model to the supplier. The written confirmation will
include, for each model: the Glow Rhino model number, the number of
units in Glow Rhino's possession, the number of units transferred, the
name and license# of the entity it was transferred to, and the date of
transfer. The written confirmation will also include written
documentation of receipt from the licensee(s) (or other entity licensed
to possess the radioactive material) to which Glow Rhino transferred
the material.
c. Within 90 days, Glow Rhino will provide to NRC,
(A) the initial copy of the written crosswalk of models in Glow
Rhino possession and (B) a copy of the written documentation of
returned models.
d. Glow Rhino will maintain the written crosswalk in (A) for a
minimum of 3 years.
e. A copy the crosswalk will be maintained on site available for
NRC review. A copy will be provided to NRC upon request.
6. Within 90 days, Glow Rhino will establish and implement a
written procedure to verify that Glow Rhino only possesses authorized
models. Authorized models are models that have been authorized by NRC
for distribution under an exempt distribution license.
a. The procedure will include instructions for:
1. the development and maintenance of the crosswalk required by
Condition 5,
2. how the crosswalk is used to verify that only authorized models
are ordered
3. and, updating the crosswalk to include any changed or new models
prior to Glow Rhino's distribution of those models.
b. Glow Rhino will maintain and implement the written procedure for
a minimum of 5 years.
c. A copy of the procedure will be maintained on site available for
NRC review. A copy will be provided to NRC upon request.
7. Within 120 days, all Glow Rhino individuals involved in the
tritium product verification and acquisition will be trained in the
applicable Glow Rhino procedures/processes, as applicable for their
role.
a. Training will include reading the procedures established through
this Confirmatory Order.
b. Training for management will also include: reading the NRC
letter dated April 11, 2024, and reading this Confirmatory Order.
c. Glow Rhino will provide training to new individuals involved in
tritium product verification and acquisition. This training will be
provided prior to the new individual engaging in activities involving
tritium product verification and acquisition.
d. Glow Rhino will do annual refresher training for all individuals
for a minimum of 3 years.
[[Page 85569]]
e. Training will be documented and include date, names of the
individuals trained, name of the individual conducting the training,
and a summary of the content.
f. Glow Rhino will maintain the training documentation for a
minimum of 5 years.
g. A copy of training records will be maintained on site available
for NRC review. A copy will be provided to NRC upon request.
The NRC considers the actions discussed above to be appropriately
prompt and comprehensive.
The NRC agrees to not issue a separate Notice of Violation to Glow
Rhino.
The NRC agrees to not impose a civil penalty.
The NRC agrees not to pursue any further enforcement action in
connection with the NRC's April 11, 2024, letter to Glow Rhino (EA-23-
140).
Unless otherwise specified, all documents required to be submitted
to the NRC will be sent to: Director, Office of Enforcement, U.S.
Nuclear Regulatory Commission, One White Flint North, 11555 Rockville
Pike, Rockville, MD 20852-2738, with a copy to the Director, Materials
Safety, Security, State, and Tribal Programs, Two White Flint North,
11545 Rockville Pike, Rockville, MD 20852-2738.
This agreement is binding upon successors and assigns of Glow
Rhino. In the event of the transfer of the ownership of Glow Rhino to
another entity, the terms and conditions set forth hereunder shall
continue to apply and accordingly survive any transfer of ownership.
The Director, Office of Enforcement, may, in writing, relax,
rescind, or withdraw any of the above conditions upon demonstration by
Glow Rhino 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 CO, other than Glow Rhino, may request a
hearing within 30 calendar days of the date of issuance of this CO.
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 and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a petition, and documents filed by interested
governmental entities that request 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
making electronic submissions may be found 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 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 website at https://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 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. Eastern Time (ET) 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 email 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 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 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 a.m.
and 6 p.m., ET, Monday through Friday, excluding Federal 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving the document 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 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
[[Page 85570]]
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
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 Glow Rhino) requests a hearing, that person
shall set forth with particularity the manner in which his interest is
adversely affected by this CO 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 CO
should be sustained.
In the absence of any request for hearing, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section V above shall be final 30 days from the date of
this CO 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.
For the Nuclear Regulatory Commission.
David L. Pelton, Director
/RA/
Office of Enforcement
Dated this 16th day of October 2024
[FR Doc. 2024-24829 Filed 10-25-24; 8:45 am]
BILLING CODE 7590-01-P