Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61553

N–3718, 200 Constitution Avenue, NW.,

Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Bonnie Friedman, Director, Office of

Information and Consumer Affairs,

OSHA, 202–219–8151. For special

disability accommodations, contact

Theresa Berry (phone: 202–219–8615

ext. 106; FAX: 202–219–5986).

SUPPLEMENTARY INFORMATION: OSHA

invites all interested persons to attend

this meeting. Seating will be available

on a first-come, first-served basis.

Meeting Agenda

At this meeting the following will be

presented: An overview of the National

Institute for Occupational Safety and

Health (NIOSH) criteria document

(‘‘Criteria for a Recommended Standard:

Occupational Exposures to

Metalworking Fluids’’), which will

include a discussion of the respiratory

studies and dermatological studies

reported on in the criteria document; an

overview of epidemiology, respiratory

disease and dermatology related to

metalworking fluids; machining in

small business; and overview to using a

systems approach to controlling

metalworking fluids; the scope of fluids

to be considered in the advisory

committee inquiries. Informal work

groups will be established. In addition,

OSHA will discuss with the committee

its current data collection activities with

respect to the use of metalworking

fluids in small business establishments

and some agenda items for future

meetings.

Public Participation

Interested persons may file written

comments, data, views or statements for

consideration by MWFSAC by

submitting them to Dr. Peter Infante.

Interested persons may also address the

committee on items that are on the

meeting agenda. Any person wishing to

make such an oral presentation must

provide Dr. Infante with a summary of

the proposed presentation, an estimate

of the time desired, and a statement of

the interest that the person represents.

Presentation time will be allotted to

speakers based on the amount of time

available. In addition, public attendees

may be allowed to participate in

committee discussions, in the Chair’s

discretion and subject to time available.

Authority: This notice is issued under the

authority of section 6(b)(1) and 7(b) of the

Occupational Safety and Health Act of 1970

(29 U.S.C. 655, 666), the Federal Advisory

Committee Act (5 U.S.C. App. 2), and 29 CFR

Part 1912.

Signed at Washington, DC., this 12th day

of November, 1997.

Charles N. Jeffress,

Assistant Secretary of Labor.

[FR Doc. 97–30175 Filed 11–17–97; 8:45 am]

BILLING CODE 4510–26–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

National Advisory Committee on

Occupational Safety and Health; Notice

of Meeting

Notice is hereby given of the date and

location of the next meeting of the

National Advisory Committee on

Occupational Safety and Health

(NACOSH), established under section

7(a) of the Occupational Safety and

Health Act of 1970 (29 U.S.C. 656) to

advise the Secretary of Labor and the

Secretary of Health and Human Services

on matters relating to the administration

of the Act. NACOSH will hold a meeting

on December 9, 1997, in Room N3437

A-D of the Department of Labor

Building located at 200 Constitution

Avenue NW, Washington, DC. The

meeting is open to the public and will

begin at 9:00 a.m. lasting until

approximately 4:30 p.m.

Agenda items will include: a brief

overview of current activities in the

Occupational Safety and Health

Administration (OSHA) and the

National Institute for Occupational

Safety and Health (NIOSH); a dialogue

with OSHA’s new Assistant Secretary,

Charles N. Jeffress; regulatory and

legislative updates; updates on OSHA’s

11(c) and cooperative compliance

programs, and NIOSH’s National

Occupational Research Agenda (NORA);

as well as reports from NACOSH’s

workgroups.

Written data, views or comments for

consideration by the committee may be

submitted, preferably with 20 copies, to

Joanne Goodell at the address provided

below. Any such submissions received

prior to the meeting will be provided to

the members of the Committee and will

be included in the record of the

meeting. Because of the need to cover a

wide variety of subjects in a short

period of time, there is often insufficient

time on the agenda for members of the

public to address the committee orally.

However, any such requests will be

considered by the Chair who will

determine whether or not time permits.

Any request to make an oral

presentation should state the amount of

time desired, the capacity in which the

person would appear, and a brief

outline of the content of the

presentation. Individuals with

disabilities who need special

accommodations should contact

Theresa Berry (phone: 202–219–8615,

extension 106; FAX: 202–219–5986) one

week before the meeting.

An official record of the meeting will

be available for public inspection in the

OSHA Technical Data Center (TDC)

located in Room N2625 of the

Department of Labor Building (202–

219–7500). For additional information

contact: Joanne Goodell, Directorate of

Policy, Occupational Safety and Health

Administration (OSHA); Room N–3641,

200 Constitution Avenue NW,

Washington, DC, 20210 (phone: 202–

219–8021, extension 107; FAX: 202–

219–4383; e-mail joanne.goodell@oshano.osha.gov).

Signed at Washington, D.C. this 13th day

of November, 1997.

Charles N. Jeffress,

Assistant Secretary of Labor for Occupational

Safety and Health.

[FR Doc. 97–30260 Filed 11–17–97; 8:45 am]

BILLING CODE 4510–26–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 030–20586, License No. 49–

21384–01 EA 97–457]

In the Matter of Frontier Production

Logging, Inc. Cody, WY; Confirmatory

Order Modifying License (Effective

Immediately)

I

Frontier Production Logging, Inc.,

(Licensee) is the holder of NRC License

No. 49–21384–01 issued by the Nuclear

Regulatory Commission (NRC or

Commission) pursuant to 10 CFR Part

39. The license authorizes the Licensee

to conduct well logging activities related

to the use of licensed material. The

license was first issued on July 14, 1983,

was most recently amended on April 17,

1997, and was due to expire on June 30,

1994, but remains in effect in a timely

renewal status.

II

During a routine inspection

conducted on March 19–20, 1997, an

investigation completed by the NRC’s

Office of Investigations on June 13,

1997, and subsequent in-office reviews

which were completed on July 9, 1997,

the NRC identified six apparent

violations which were considered for

escalated enforcement. NRC Inspection

Report 030–20586/97–01 dated July 22,

1997, documented the findings of the

inspection. As a result, the NRC
61554 Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices

conducted a predecisional enforcement

conference on August 4, 1997, in which

the licensee’s president participated by

telephone. Based on the information

obtained during the inspection and the

information that the licensee’s president

presented at the August 4 conference,

the NRC concluded that violations of

NRC requirements occurred. The

violations are cited in the Notice of

Violation and Proposed Imposition of

Civil Penalty dated November 7, 1997.

The violations involve failures to: (1)

File the appropriate documentation to

receive NRC approval prior to vacating

an authorized radioactive material

storage location, (2) conduct operations

so that the dose in any unrestricted area

from external sources does not exceed 2

millirem in any 1 hour, (3) make

adequate surveys of radiation levels in

unrestricted areas to demonstrate

compliance with the dose limits for

individual members of the public, (4)

utilize authorized shipping containers

while transporting radioactive material,

(5) monitor, upon receipt, the external

surfaces of Department of

Transportation (DOT) labeled packages

for radioactive contamination, and (6)

properly post areas in which licensed

materials are stored.

The NRC concluded that the

Licensee’s failure to seek NRC approval

prior to vacating an authorized

radioactive material storage location

demonstrated at least careless disregard

for regulatory requirements.

Specifically, the Licensee’s president

was aware of the requirements to obtain

prior authorization and did not to

comply with this requirement so as to

delay payment of the applicable fees. As

indicated in the November 7, 1997

Notice, a $2,750 civil penalty was

proposed for this willful violation.

The remaining five violations, which

were not willful, were also discussed

during the conference. Based on the

information available, it appears that

these violations resulted from a lack of

understanding of the regulations by the

company’s radiation safety officer (who

is also the company president). In fact,

during the conference, the Licensee’s

radiation safety officer committed to

attending appropriate radiation safety

training as corrective action for the

remainder of the violations.

Subsequently, on August 8 and October

20, 1997, staff members from NRC

Region IV discussed with the Licensee

specific commitments that the NRC

believed were necessary. Specifically,

the NRC believed that, in addition to the

training, two independent audits were

warranted. The licensee agreed to the

commitments during the August 8 and

October 20 telephone discussions, and

to confirming the commitments through

an Order.

On October 20, 1997, the NRC sent

the Licensee a letter listing the specific

commitments and formally seeking the

Licensee’s consent to confirming the

commitments through an Order, thereby

waiving its right to a hearing. On

October 29, 1997, the Licensee signed

and returned its consent to this Order.

III

I find that the Licensee’s

commitments as set forth in Section IV

are acceptable and necessary, and

conclude that with these commitments

the public health and safety are

reasonably assured. In view of the

foregoing, I have determined that the

public health and safety require that the

Licensee’s commitments be confirmed

by this Order. Based on the above, and

on the Licensee’s consent, this Order is

immediately effective upon issuance.

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 Part 110, It Is

Hereby Ordered, effective immediately,

that License No. 49–21384–01 is

modified as follows:

A. The Licensee’s Radiation Safety

Officer shall attend a Radiation Safety

training course designed to meet the

requirements necessary to serve as a

radiation safety officer and to

implement and manage a radiation

safety program specifically designed for

well logging and tracer study

operations.

B. The Licensee shall retain the

services of an independent individual or

organization (consultant) to perform two

audits of the Licensee’s radiation safety

program. The consultant is to be

independent of the Licensee’s

organization and is to be experienced in,

or be capable of, evaluating the

effectiveness of the management and

implementation of a radiation safety

program for well logging and tracer

study operations. At a minimum, each

audit will: (1) Evaluate the effectiveness

of the Licensee’s radiation safety

program and compliance with all NRC

requirements; (2) evaluate the

understanding of the Licensee’s

radiation safety officer of radiation

safety and NRC requirements; (3)

evaluate the adequacy of the Licensee’s

corrective actions for any violations or

audit findings previously identified by

the NRC or consultant; (4) make

recommendations as necessary for

improvements in management oversight

of licensed activities; and (5) physically

observe well logging and/or tracer study

operations in the field.

C. Within 30 days of the date of this

Order, the Licensee shall submit to the

Regional Administrator, NRC Region IV,

for NRC review and approval, the

following:

i. The name, location, dates and

syllabus of the course the Licensee

proposes to use in meeting the

requirements of this Order.

ii. The name and qualifications of the

consultant the Licensee proposes to use

in conducting the audits.

D. Within 60 days of the date of the

NRC’s approval of the consultant, the

first audit shall be completed and the

Licensee shall ensure that the

consultant submit to NRC Region IV the

results of the audit and the review,

including the deficiencies identified, at

the same time the consultant provides

the results to the Licensee.

E. Within 6 months of the date of

completion of the first audit, the second

audit shall be completed and the

Licensee shall ensure that the

consultant submit to NRC Region IV the

results of the audit and the review,

including the deficiencies identified, at

the same time the consultant provides

the results to the Licensee.

F. Within 30 days of the date of

completion of each audit, the Licensee

shall submit to NRC Region IV its

corrective actions for any identified

deficiencies in the audit reports.

Alternatively, if the Licensee does not

believe that corrective actions should be

taken, the Licensee shall provide

justification for its position to the NRC.

G. For the purpose of the Order, the

Licensee shall send the qualifications of

the consultant and the results of the

audits to the Director, Division of

Nuclear Material Safety, NRC Region IV,

611 Ryan Plaza Drive, Suite 400,

Arlington, Texas 76011.

The Regional Administrator, Region

IV, may relax or rescind, in writing, any

of the above conditions upon a showing

by the Licensee of good cause.

Any person adversely affected by this

Confirmatory Order, other than the

Licensee may request a hearing within

20 days of its issuance. 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. Any

request for a hearing shall be submitted

to the Secretary, U.S. Nuclear

Regulatory Commission, ATTN: Chief,

Docketing and Service Section,

Washington, D.C. 20555. Copies also
Federal Register / Vol. 62, No. 222 / Tuesday, November 18, 1997 / Notices 61555

shall be sent to the Director, Office of

Enforcement, U.S. Nuclear Regulatory

Commission, Washington, D.C. 20555,

to the Assistant General Counsel for

Hearings and Enforcement at the same

address, to the Regional Administrator,

NRC Region IV, 611 Ryan Plaza Drive,

Suite 400, Arlington, Texas 76011, and

to Frontier Production Logging, Inc. If

such a person requests a hearing, that

person shall set forth with particularity

the manner in which his interest is

adversely affected by this Order and

shall address the criteria set forth in 10

CFR 2.714(d).

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

hearing. If a hearing is held, the issue to

be considered at such hearing shall be

whether this Confirmatory Order should

be sustained.

In the absence of any request for

hearing, or written approval of an

extension of time in which to request a

hearing, the provisions specified in

Section IV above shall be final 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.

For the Nuclear Regulatory Commission.

Dated at Rockville, Maryland, this 7th day

of November 1997.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 97–30207 Filed 11–17–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket Nos. 50–275 and 50–323]

In the Matter of Pacific Gas and

Electric Company (Diablo Canyon

Power Plant, Units 1 and 2); Exemption

I

The Pacific Gas and Electric

Company, et al. (the licensee) is the

holder of Facility Operating License

Nos. DPR–80 and DPR–82, which

authorize operation of the Diablo

Canyon Power Plant (DCPP), Units 1

and 2. The licenses provide, among

other things, that the licensee is subject

to all rules, regulations, and orders of

the Commission now or hereafter in

effect.

The facility consists of two

pressurized-water reactors at the

licensee’s site located in San Luis

Obispo County, California.

II

Section 70.24 of Title 10 of the Code

of Federal Regulations, ‘‘Criticality

Accident Requirements,’’ requires that

each licensee authorized to possess

special nuclear material (SNM) shall

maintain a criticality accident

monitoring system in each area where

such material is handled, used, or

stored. Subsections (a)(1) and (a)(2) of

10 CFR 70.24 specify detection and

sensitivity requirements that these

monitors must meet. Subsection (a)(1)

also specifies that all areas subject to

criticality accident monitoring must be

covered by two detectors. Subsection

(a)(3) of 10 CFR 70.24 requires licensees

to maintain emergency procedures for

each area in which this licensed SNM

is handled, used, or stored and provides

that (1) the procedures ensure that all

personnel withdraw to an area of safety

upon the sounding of a criticality

accident monitor alarm, (2) the

procedures must include drills to

familiarize personnel with the

evacuation plan, and (3) the procedures

designate responsible individuals for

determining the cause of the alarm and

placement of radiation survey

instruments in accessible locations for

use in such an emergency. Subsection

(b)(1) of 10 CFR 70.24 requires licensees

to have a means to identify quickly

personnel who have received a dose of

10 rads or more. Subsection (b)(2) of 10

CFR 70.24 requires licensees to

maintain personnel decontamination

facilities, to maintain arrangements for a

physician and other medical personnel

qualified to handle radiation

emergencies, and to maintain

arrangements for the transportation of

contaminated individuals to treatment

facilities outside the site boundary.

Paragraph (c) of 10 CFR 70.24 exempts

Part 50 licensees from the requirements

of paragraph (b) of 10 CFR 70.24 for

SNM used or to be used in the reactor.

Paragraph (d) of 10 CFR 70.24 states that

any licensee who believes that there is

good cause why he should be granted an

exemption from all or part of 10 CFR

70.24 may apply to the Commission for

such an exemption and shall specify the

reasons for the relief requested.

III

The SNM that could be assembled

into a critical mass at DCPP, Units 1 and

2, is in the form of nuclear fuel; the

quantity of SNM other than fuel that is

stored on site in any given location is

small enough to preclude achieving a

critical mass. The Commission’s

technical staff has evaluated the

possibility of an inadvertent criticality

of the nuclear fuel at DCPP, Units 1 and

2, and has determined that it is

extremely unlikely for such an accident

to occur if the licensee meets the

following seven criteria:

1. Only one fuel assembly is allowed

out of a shipping cask or storage rack at

one time.

2. The k-effective does not exceed

0.95, at a 95% probability, 95%

confidence level in the event that the

fresh fuel storage racks are filled with

fuel of the maximum permissible U-235

enrichment and flooded with pure

water.

3. If optimum moderation occurs at

low moderator density, then the keffective does not exceed 0.98, at a 95%

probability, 95% confidence level in the

event that the fresh fuel storage racks

are filled with fuel of the maximum

permissible U-235 enrichment and

flooded with a moderator at the density

corresponding to optimum moderation.

4. The k-effective does not exceed

0.95, at a 95% probability, 95%

confidence level in the event that the

spent fuel storage racks are filled with

fuel of the maximum permissible U-235

enrichment and flooded with pure

water.

5. The quantity of forms of special

nuclear material, other than nuclear

fuel, that are stored on site in any given

area is less than the quantity necessary

for a critical mass.

6. Radiation monitors, as required by

General Design Criterion 63, are

provided in fuel storage and handling

areas to detect excessive radiation levels

and to initiate appropriate safety

actions.

7. The maximum nominal U-235

enrichment is limited to 5.0 weight

percent.

By letter dated April 3, 1997, and

supplemental letter dated August 4,

1997, the licensee requested an

exemption from 10 CFR 70.24. In this

request the licensee addressed the seven

criteria given above. The Commission’s

technical staff has reviewed the

licensee’s submittals and has

determined that DCPP, Units 1 and 2,

meets the criteria for prevention of

inadvertent criticality; therefore, the

staff has determined that it is extremely

unlikely for an inadvertent criticality to

occur in SNM handling or storage areas

at DCPP, Units 1 and 2.

The purpose of the criticality

monitors required by 10 CFR 70.24 is to

ensure that if a criticality were to occur

during the handling of SNM, personnel

would be alerted to that fact and would

take appropriate action. The staff has