Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Notices 43357

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information

including the validity of the

methodology and assumptions used;

• Enhance the quality, utility and

clarity of the information to be

collected; and

• Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated electronic,

mechanical, or other technological

collection techniques or other forms of

information technology, e.g., permitting

electronic submissions of responses.

Agency: Institute of Museum and

Library Services.

Title: IMLS OMS Guidelines, Interim

and Final Performance Reports.

OMB Number: 3137–0029.

Agency Number: 3137.

Frequency: Once.

Affected Public: Eligible museums.

Number of Respondents: 679.

Estimated Time Per Respondent: 1–40

hours (time varies by form, please see

chart).

Total Burden Hours: 6,751.

Total Annualized capital/startup

costs: 0.

Total Annual Costs: 0.

FOR FURTHER INFORMATION CONTACT:

Tania Said, Public Information Officer,

Institute of Museum and Library

Services, 1100 Pennsylvania Avenue,

N.W., Washington, DC 20506, telephone

(202) 606–4646.

Tania Said,

Public Information Officer.

Title of publication Burden

hours

Museum Assessment Program (MAP) Grant and Application Guidelines ................................................................................................ 2 hours.

MAP Final Performance Report ................................................................................................................................................................. 1 hour.

Conservation Assessment Program (CAP) Grant and Application Guidelines ......................................................................................... 1 hour.

CAP Final Performance Report ................................................................................................................................................................. 1 hour.

Conservation Project (CP) Grant Application and Guidelines ................................................................................................................... 9 hours.

CP Interim Performance Report ................................................................................................................................................................ 1 hour.

CP Final Performance Report ................................................................................................................................................................... 1 hour.

General Operating Support (GOS) Grant Application and Guidelines ...................................................................................................... 18 hours.

GOS Final Performance Report ................................................................................................................................................................ 1 hour.

Professional Services Program (PSP) Grant Application and Guidelines ................................................................................................ 4 hours.

PSP Interim Performance Report .............................................................................................................................................................. 1 hour.

PSP Final Performance Report ................................................................................................................................................................. 1 hour.

Museum Leadership Initiative (MLI) Grant Application and Guidelines .................................................................................................... 40 hours.

MLI Final Performance Report .................................................................................................................................................................. 1 hour.

For public distribution.

[FR Doc. 97–21354 Filed 8–12–97; 8:45 am]

BILLING CODE 7036–01–M

NUCLEAR REGULATORY

COMMISSION

[IA 97–065]

Order Prohibiting Involvement in NRCLicensed Activities (Effective

Immediately) Pending Further Order;

Aharon Ben-Haim, Ph.D., Upper

Montclair, New Jersey

I

Aharon Ben-Haim, Ph.D. (Dr. BenHaim), Medical Physicist, Upper

Montclair, New Jersey, is a consultant

for Newark Medical Associates, P.A.

(licensee), the holder of Byproduct

Nuclear Material License No. 29–30282–

01 (license) issued by the Nuclear

Regulatory Commission (NRC or

Commission) pursuant to 10 CFR part

30. The license authorizes possession

and use of any radiopharmaceutical

identified in 10 CFR 35.200 for any

imaging and localization procedure

approved in 10 CFR 35.200. The license

was originally issued on September 25,

1996, and is due to expire on September

30, 2001.

II

On January 29, 1997, the NRC

conducted an inspection at the

licensee’s facility in Newark, New

Jersey. During the inspection, several

apparent violations of NRC

requirements were identified. One of the

violations involved the continued use of

radioactive material by the licensee

despite the fact that the only authorized

user listed on the license (who was also

listed as the Radiation Safety Officer

(RSO)), had not ever performed any

authorized user or RSO duties and had

not ever been affiliated with the

company. Specifically, Gerard W.

Moskowitz, M.D. (Dr. Moskowitz), was

listed on the application as the RSO and

authorized user without his knowledge.

Dr. Moskowitz did not become aware

that he was listed on the application

and the license until notified by the

NRC on February 6, 1997, more than

four months after the license was

originally issued.

Subsequent to the inspection, the

NRC verified, based on an investigation

by the NRC Office of Investigations (OI),

that the licensee’s letter, dated February

22, 1996, signed by Dr. Elamir, licensee

President, transmitting the license

application (NRC Form 313) dated

February 2, 1996, was inaccurate in that

it listed Dr. Moskowitz as the authorized

user and Radiation Safety Officer

without Dr. Moskowitz’s consent or

knowledge, and without Dr. Moskowitz

ever having been affiliated or associated

with the licensee. Further, Dr.

Moskowitz did not ever perform the role

of RSO at the licensee’s facility. The

NRC also learned that Dr. Ben-Haim, in

his capacity as a consultant, had

completed the license application for

Dr. Elamir. As such, the licensee’s

application for a license to possess and

use byproduct material was provided

with information that was not complete

and accurate in all material respects.

These inaccurate statements in the

licensee’s application, signed by Dr.

Elamir, and prepared by Dr. Ben-Haim,

formed, in part, the basis for the

issuance of the license to Newark

Medical Associates on September 25,

1996. Further, the licensee continued to

conduct NRC-licensed activities even

though Dr. Ben-Haim, as the licensee

consultant, knew that the licensee did

not have an RSO.

III

Although the NRC staff’s review of the

results of the OI investigation is

ongoing, the evidence that NRC has

obtained indicates that Dr. Ben-Haim’s

actions in causing violations of NRC

requirements were deliberate. The NRC
43358 Federal Register / Vol. 62, No. 156 / Wednesday, August 13, 1997 / Notices

must be able to rely on the licensee and

its employees and consultants/

contractors to comply with NRC

requirements. Condition No. 13 of the

license required that each use of

material by the licensee be done by, or

under the supervision of Dr. Moskowitz

as the authorized user named therein.

NRC requires that the RSO named on

the license implement a radiation safety

program as required by 10 CFR 35.21.

NRC requires that all communications

between the licensee and the NRC be

complete and accurate in all material

respects, pursuant to 10 CFR 30.9.

Pursuant to 10 CFR 30.10, deliberate

misconduct on the part of a licensee or

its employee or contractor is prohibited.

The term ‘‘deliberate misconduct’’

includes an intentional act that the

person knows would violate a

Commission requirement. The evidence

to date demonstrates that Dr. Ben-Haim,

acting in violation of 10 CFR 30.10,

deliberately caused the licensee to be in

violation of NRC requirements by the

licensee’s conducting licensed activities

without the authorized user or RSO

named on the license application and

on the NRC license.

Consequently, I lack the requisite

reasonable assurance that licensed

activities can be conducted in

compliance with the Commission’s

requirements and that the health and

safety of the public will be protected if

Dr. Ben-Haim were permitted at this

time to be involved in NRC-licensed

activities. Therefore, the public health,

safety and interest require that Dr. BenHaim be prohibited from any

involvement in NRC-licensed activities

pending further order. Furthermore,

pursuant to 10 CFR 2.202, I find that the

significance of Dr. Ben-Haim’s conduct

described above is such that the public

health, safety and interest require that

this Order be immediately effective.

IV

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 30.10, part 35,

and 10 CFR 150.20, It is hereby ordered

that, effective immediately,

1. Pending further Order, Dr. BenHaim is prohibited from engaging in

NRC-licensed activities. This

prohibition applies to Dr. Ben-Haim as

an employee, contractor, consultant, or

other agent of a license and includes,

but is not limited to: (1) Any use of

NRC-licensed materials; (2) supervising

licensed activities, including (but not

limited to) hiring of individuals engaged

in licensed activities or directing or

managing individuals engaged in

licensed activities; (3) radiation safety

activities including (but not limited to)

functions of the Radiation Safety

Officer; and (4) development of license

applications, procedures, and policies to

meet license requirements, providing

training to meet license requirements,

and providing professional services to

meet license requirements. NRClicensed activities are those activities

that are conducted pursuant to a

specific or general license issued by the

NRC, including, but not limited to,

those activities of Agreement State

licensees conducted in areas of NRC

jurisdiction pursuant to the authority

granted by 10 CFR 150.20.

2. If Dr. Ben-Haim is currently

involved in NRC-licensed activities

other than at Newark Medical

Associates, P.A., he must, as of the

effective date of this Order: (1)

Immediately cease such activities; (2)

inform the NRC of the name, address

and telephone number of the NRClicensed entity or entities where the

activities are being conducted; and (3)

provide a copy of this order to all such

NRC-licensed entities.

The Director, Office of Enforcement,

may, in writing, relax or rescind any of

the above conditions upon

demonstration by the licensee of good

cause.

IV

In accordance with 10 CFR 2.202, Dr.

Ben-Haim must, and any other person

adversely affected by this Order may,

submit an answer to this Order and may

request a hearing on this Order, within

20 days of the date of this Order. Where

good cause is shown, consideration will

be given to extending the time to request

a hearing. A request for extension of

time must be made in writing to the

Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission

Washington, D.C. 20555, and include a

statement of good cause for the

extension. Dr. Ben-Haim may consent to

this Order. Unless Dr. Ben-Haim

consents to this Order, Dr. Ben-Haim

shall, in writing and under oath or

affirmation, specifically admit or deny

each allegation or charge made in this

Order and shall set forth the matters of

fact and law on which Dr. Ben-Haim or

other person adversely affected relies

and the reasons as to why the Order

should not have been issued. Any

answer or request for a hearing shall be

submitted to the Secretary, U.S. Nuclear

Regulatory Commission, Attn: Chief,

Docketing and Service Section,

Washington, DC 20555. Copies also

shall be sent to the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission, Washington, DC 20555, to

the Assistant General Counsel for

Hearings and Enforcement at the same

address, to the Regional Administrator,

NRC Region I, 475 Allendale Road, King

of Prussia, Pennsylvania 19406, and to

Dr. Ben-Haim if the answer or hearing

request is by a person other than Dr.

Ben-Haim. If a person other than Dr.

Ben-Haim requests a hearing, that

person shall set forth with particularity

the manner in which his or her interest

is adversely affected by this Order and

shall address the criteria set forth in 10

CFR 2.714(d).

If a hearing is requested by Dr. BenHaim or a person whose interest is

adversely affected, the Commission will

issue an Order designating the time and

place of any hearing. If a hearing is held,

the issue to be considered at such

hearing shall be whether this Order

should be sustained.

Pursuant to 10 CFR 2.202(c)(2)(i), Dr.

Ben-Haim may, in addition to

demanding a hearing, at the time the

answer is filed or sooner, move the

presiding officer to set aside the

immediate effectiveness of the Order on

the ground that the Order, including the

need for immediate effectiveness, is not

based on adequate evidence but on mere

suspicion, unfounded allegations, or

error.

In the absence of any request for

hearing, or written approval of an

extension of time in which to request a

hearing, the provisions specified in

Section IV above shall be final 20 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.

An answer or a request for hearing shall

not stay the immediate effectiveness of

this order.

Dated at Rockville, Maryland this 31st day

of July 1997.

For the Nuclear Regulatory Commission.

Edward L. Jordan,

Deputy Executive Director for Regulatory

Effectiveness.

[FR Doc. 97–21364 Filed 8–12–97; 8:45 am]

BILLING CODE 7590–01–P