47224 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Notices

ACTION: Notice of meeting.

SUMMARY: In accordance with the

Federal Advisory Committee Act, Pub.

L. 92–463, as amended, the National

Aeronautics and Space Administration

announces a NASA Advisory Council,

Aeronautics and Space Transportation

Technology Advisory Committee,

Aviation Safety Reporting System

Subcommittee meeting.

DATES: September 23, 1997, 2:00 p.m. to

5:30 p.m., September 24, 1997, 9:00 a.m.

to 5:30 p.m., September 25, 1997, 9:00

a.m. to 5:30 p.m., and September 26,

1997, 9:00 to 5:30 p.m.

ADDRESSES: National Aeronautics and

Space Administration, Ames Research

Center, Building 219, Room 203, Moffet

Field, CA 94035.

FOR FURTHER INFORMATION CONTACT: Ms.

Linda Connell, National Aeronautics

and Space Administration, Ames

Research Center, Moffet Field, CA

94035, 650/604–6654.

SUPPLEMENTARY INFORMATION: The

meeting will be open to the public up

to the seating capacity of the room.

Agenda topics for the meeting are as

follows:

—Status Reports on the Aviation Safety

Reporting System (ASRS) and the

Aviation Performance Measuring

System (APMS)

—Presentations on Future Planning

—Information Technology

Demonstrations for the ASRS and

APMS Programs

It is imperative that the meeting be

held on these dates to accommodate the

scheduling priorities of the key

participants. Visitors will be requested

to sign a visitors register.

Dated: August 29, 1997.

Leslie M. Nolan,

Advisory Committee Management Officer.

[FR Doc. 97–23653 Filed 9–5–97; 8:45 am]

BILLING CODE 7510–01–M

NATIONAL SKILL STANDARDS

BOARD

Notice of Open Meeting

AGENCY: National Skill Standards Board.

ACTION: Notice of open meeting.

SUMMARY: The National Skill Standards

Board was established by an Act of

Congress, the National Skill Standards

Act, Title V, Pub. L. 103–227. The 27-

member National Skill Standards Board

will serve as a catalyst and be

responsible for the development and

implementation of a national system of

voluntary skill standards and

certification through voluntary

partnerships which have the full and

balanced participation of business,

industry, labor, education and other key

groups.

TIME AND PLACE: The meeting will be

held from 8:30 a.m. to approximately

3:30 p.m. on Friday, September 26,

1997, in Mount Vernon Salons A, B &

C at the Madison Hotel located at 15th

and M Streets, NW, Washington, D.C.

20005

AGENDA: The agenda for the Board

Meeting will include: an update from

the Board’s committees, representatives

from the groups convening the

Voluntary Partnerships, and a

preliminary report on how the Board

and the American National Standards

Institute intend to work together.

PUBLIC PARTICIPATION: The meeting, from

8:30 a.m. to 3:30 p.m., is open to the

public. Seating is limited and will be

available on a first-come, first-served

basis. Seats will be reserved for the

media. Individuals with disabilities

should contact Pat Warfield at (202)

254–8628, if special accommodations

are needed.

FOR FURTHER INFORMATION CONTACT:

Tracy Marshall, Manager of Program

Operations at (202) 254–8628.

Signed at Washington, D.C., this 29th day

of August, 1997.

Edie West,

Executive Director, National Skill Standards

Board.

[FR Doc. 97–23703 Filed 9–5–97; 8:45 am]

BILLING CODE 4510–23–M

NUCLEAR REGULATORY

COMMISSION

[IA 97–068]

Order Superseding Order Prohibiting

Involvement in NRC-Licensed

Activities (Effective Immediately)

I

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

Montclair, New Jersey, is a contractor

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

During a new license inspection

conducted on January 29, 1997, at the

licensee’s facility, several apparent

violations of NRC requirements were

identified. Subsequent to the inspection,

the NRC initiated an investigation

which led the NRC to issue to Dr. BenHaim, on July 31, 1997, an Order

Prohibiting Involvement in NRC

Licensed Activities (Effective

Immediately) Pending Further Order (62

FR 43357). That Order was issued

pending completion of the NRC staff

review of the results of the

investigation, which was conducted by

the NRC’s Office of Investigations (OI).

The NRC staff’s review of the results of

the OI investigation is now complete.

III

The OI investigation focused in part

on Dr. Ben-Haim’s actions in causing

the licensee to be in violation of NRC

requirements. The NRC learned during

the investigation that Dr. Ben-Haim, in

his capacity as a contractor-consultant

to the licensee, had prepared the license

application (NRC Form 313) dated

February 21, 1996, for Newark Medical

Associates, and that the license

application was inaccurate in that it

named Gerard W. Moskowitz, M.D., (Dr.

Moskowitz) as the only authorized user

and Radiation Safety Officer (RSO)

without Dr. Moskowitz’s consent or

knowledge, and without Dr.

Moskowitz’s ever having been affiliated

or associated with the licensee. Dr.

Moskowitz did not ever perform the role

of authorized user or RSO at the

licensee’s facility, and 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. These

inaccurate statements in the license

application prepared by Dr. Ben-Haim,

formed, in part, the basis for the

issuance of the license to Newark

Medical Associates on September 25,

1996.

During the period from November

1997 through February 6, 1997, Dr. BenHaim, in his role as contractorconsultant to the licensee, aided and

assisted the licensee in continuing to

conduct NRC-licensed activities even

though the licensee did not employ the

authorized user or the RSO named in

the license application and,

subsequently, on the NRC license, nor

did the named individual serve in these

capacities. Based on the results of the OI

investigation, the NRC has determined

that Dr. Ben-Haim’s actions constitute
Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Notices 47225

violations of 10 CFR 30.10, ‘‘Deliberate

misconduct’’, as follows:

A. 10 CFR 30.10 (a)(1), (c)(1) and

(c)(2) require, in part, that any

contractor of a licensee not engage in

deliberate misconduct that causes or,

but for detection, would have caused, a

licensee to be in violation of any rule,

regulation, or order, or any term,

condition, or limitation of any license

issued by the Commission; or any

requirement, procedure, instruction,

contract, purchase order or policy of a

licensee.

1. 10 CFR 35.21 requires that a

licensee appoint a Radiation Safety

Officer responsible for implementing

the radiation safety program; and

requires that the licensee, through the

Radiation Safety Officer, ensure that

radiation safety activities are being

performed in accordance with approved

procedures and regulatory requirements

in the daily operation of the licensee’s

byproduct material program.

10 CFR 35.13 requires that a licensee

apply for and receive a license

amendment before it changes Radiation

Safety Officers.

Byproduct Material License No. 29–

30282–01, Condition 12, dated

September 25, 1996 states that the

Radiation Safety Officer for this License

is Gerard W. Moskowitz, M.D.

During the period from November

1996 through February 6, 1997, Dr. BenHaim caused Newark Medical

Associates to be in violation of the

requirements in Section III.A.1 above by

performing the functions of the

Radiation Safety Officer (RSO), even

though he knew that: (1) The RSO

named on the license application and,

subsequently, on the license, was

Gerard Moskowitz, M.D., and (2) he, Dr.

Ben-Haim, was not the RSO named on

the license application or the license.

2. 10 CFR 35.11 (a) and (b) permit an

individual to use licensed material for

medical use only in accordance with a

specific license issued by the

Commission or under the supervision of

an authorized user as provided in 10

CFR 35.25.

10 CFR 35.53(c)(3) requires, in part,

that the licensee retain a record of the

measurement of each dosage of a

photon-emitting radionuclide prior to

medical use to include, among other

things, the prescribed dosage. Pursuant

to 10 CFR 35.2: Prescribed dosage

means the quantity of

radiopharmaceutical activity as

documented in a written directive or

diagnostic clinical procedures manual

or in any appropriate record in

accordance with the directions of the

authorized user; Written directive means

an order in writing for a specific patient

dated and signed by an authorized user;

Diagnostic clinical procedures manual

means a collection of written

procedures that includes, among other

things, where each diagnostic procedure

has been approved by the authorized

user and the radiopharmaceutical,

dosage, and route of administration; and

Authorized user means a physician,

dentist, or podiatrist who is (1) Board

certified by at least one of the boards

listed in Paragraph (a) of 10 CFR Part 35,

sections 35.910, 35.920, 35.930, 35.940,

35.950, or 35.960, (2) identified as an

authorized user on a Commission or

Agreement State license that authorizes

the medical use of byproduct material,

or (3) identified as an authorized user

on a permit issued by a Commission or

Agreement State specific license of

broad scope that is authorized to permit

the medical use of byproduct material.

Byproduct Material License No. 29–

30282–01, dated September 25, 1996,

states in Condition 13, that licensed

material is only authorized for use by,

or under the supervision of, Gerard W.

Moskowitz, M.D.

Byproduct Material License No. 29–

30282–01, dated September 25, 1996,

requires in part, in Condition 14, that

the licensee conduct its program in

accordance with the statements,

representations, and procedures

contained in the Application dated

February 21, 1996. This application,

which was prepared by Dr. Ben-Haim,

requires, in Item 10.6, ‘‘Ordering and

Receiving’’, that the licensee follow

procedures in Appendix K to Regulatory

Guide 10.8, Revision 2. The procedures

in Appendix K require, in part, that the

Radiation Safety Officer or a designee

must authorize each order for

radioactive materials and ensure that

the requested materials and quantities

are authorized by the license for use by

the requesting authorized user.

During the period from November

1996 through February 6, 1997, Aharon

Ben-Haim, who is not a physician,

caused Newark Medical Associates to be

in violation of the requirements in

Section III.A.2 above by prescribing, in

writing, the radiopharmaceuticals and

dosages to be ordered and administered

to patients by technologists for bone

scans and cardiac images (which are

medical uses), even though he knew

that: (1) He was not an authorized user

nor under the supervision of an

authorized user; (2) he had prepared the

Newark Medical Associates license

application to specify the name of

Gerard Moskowitz as the sole physician

authorized user and Radiation Safety

Officer; (3) Gerard Moskowitz, as the

sole physician user named on the

license, was the only individual who

could prescribe a radiopharmaceutical

and dosage for a technologist to

administer to a patient; and (4) Gerard

Moskowitz, as the Radiation Safety

Officer named on the license, was the

only individual who could authorize, or

delegate to a technologist the authority

to authorize, each order of byproduct

material for medical use.

IV

Based on the above, the NRC staff has

concluded that Dr. Ben-Haim, acting as

a contractor consultant to the licensee,

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. The NRC must be

able to rely on the licensee and its

contractors to comply with NRC

requirements. 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, including patients

receiving radiation from byproduct

material for medical purposes, will be

protected if Dr. Ben-Haim is permitted

at this time to be involved in NRClicensed activities. Therefore, the public

health, safety and interest require that

Dr. Ben-Haim be prohibited from any

involvement in NRC-licensed activities

for a period of five years. 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.

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 30.10, Part 35,

and 10 CFR 150.20, It Is Hereby Ordered

That, Effective Immediately,

1. The Order of July 31, 1997, is

superseded, in its entirely.

2. Dr. Ben-Haim is prohibited from

engaging in NRC-licensed activities for

a period of five years from July 31, 1997.

This prohibition applies to Dr. BenHaim as an officer, employee,

contractor, consultant, or other agent of

a licensee 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) any involvement

in radiation safety activities including

(but not limited to) functions of the
47226 Federal Register / Vol. 62, No. 173 / Monday, September 8, 1997 / Notices

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. NRC-licensed activities

are those activities that are conducted

pursuant to a specific or general NRC

license, 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.

3. For those facilities, other than

Newark Medical Associates, P.A., where

Dr. Ben-Haim was involved in NRClicensed activities as of July 31, 1997,

Dr. Ben-Haim must: (1) Immediately

cease such activities; (2) inform the NRC

of the name, address and telephone

number of the NRC-licensed entities

where the activities were being

conducted; and (3) provide a copy of

this order to all such NRC-licensed

entities within five business days of any

ruling by an NRC Atomic Safety and

Licensing Board upholding the

immediate effectiveness of this

requirement of this Order or, if Dr. BenHaim does not challenge the immediate

effectiveness of this Order, within five

business days of the termination of the

time to request a hearing in Section VI

of this Order.

4. For those facilities, other than

Newark Medical Associates, P.A., where

Dr. Ben-Haim was involved in NRClicensed activities for the period

beginning three years prior to the date

of this Order, Dr. Ben-Haim must,

within 30 days of the date of this Order,

inform the NRC of the name, address

and telephone number of the NRClicensed entities where those activities

were conducted.

5. For the five years immediately

following the five year prohibition in

paragraph V.2, the first time that Dr.

Ben-Haim is employed or involved in

NRC-licensed activities following the

five year prohibition, he shall notify the

Director, Office of Enforcement, at the

address in Section VI below, within 20

days of engaging in NRC-licensed

activities, including activities under an

Agreement State license when activities

under that license are conducted in

areas of NRC jurisdiction pursuant to 10

CFR 150.20. This notice shall include

the name, address, and telephone

number of the NRC or Agreement State

licensee and the location where licensed

activities will be performed; and shall

include a statement as to why the NRC

should have confidence that Dr. BenHaim will not, in the future, commit

deliberate violations of Commission

requirements.

The Director, Office of Enforcement,

may, in writing, relax or rescind any of

the above conditions upon

demonstration by the licensee of good

cause.

VI

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, on or

before September 19, 1997. 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. BenHaim 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 Atomic Safety and

Licensing Board appointed to preside in

this proceeding. Copies shall also 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, 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. The Atomic Safety and Licensing

Board designated to preside in the

proceeding on the Order of July 31,

1997, has already granted a joint motion

in which it set September 3, 1997, as the

date by which Dr. Ben-Haim should

move to set aside the immediate

effectiveness of this Order.

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 on

September 19, 1997, 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 27th day

of August 1997.

For the Nuclear Regulatory Commission.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 97–23695 Filed 9–5–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Applications for Licenses To Import/

Export Nuclear Waste

Pursuant to 10 CFR 110.70(b) ‘‘Public

notice of receipt of an application’’,

please take notice that the Nuclear

Regulatory Commission has received the

following applications for licenses to

import and export radioactive waste

materials. Copies of the applications are

on file in the Nuclear Regulatory

Commission’s Public Document Room

located at 2120 L Street, N.W.,

Washington, D.C.

A request for a hearing or petition for

leave to intervene may be filed within

30 days after publication of this notice

in the Federal Register. Any request for

hearing or petition for leave to intervene

shall be served by the requestor or

petitioner upon the applicant, the Office

of the General Counsel, U.S. Nuclear

Regulatory Commission, Washington

D.C. 20555; the Secretary, U.S. Nuclear

Regulatory Commission, Washington,

D.C. 20555; and the Executive Secretary,

U.S. Department of State, Washington,

D.C. 20520.

The information concerning the

application follows.

NRC Import and Export License

Applications