[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]


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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.

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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:
    <bullet> 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: <a href="/cdn-cgi/l/email-protection#55062134362c7b06363d2038343b3b153b27367b323a23"><span class="__cf_email__" data-cfemail="7d2e091c1e04532e1e1508101c13133d130f1e531a120b">[email protected]</span></a>. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#ebbbafb9c5b98e98849e99888eab859988c58c849d"><span class="__cf_email__" data-cfemail="8dddc9dfa3dfe8fee2f8ffeee8cde3ffeea3eae2fb">[email protected]</span></a>. The Confirmatory Order is available in 
ADAMS under Accession No. ML24250A125.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#db8b9f89f589bea8b4aea9b8be9bb5a9b8f5bcb4ad"><span class="__cf_email__" data-cfemail="144450463a4671677b61667771547a66773a737b62">[email protected]</span></a> 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: <a href="/cdn-cgi/l/email-protection#9dd1f8f8f1fcebfce9f5f4b3ceeff8f8f3f4ebfceeddf3effeb3faf2eb"><span class="__cf_email__" data-cfemail="165a73737a776077627e7f3845647373787f6077655678647538717960">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#365e5357445f5851185259555d53427658445518515940"><span class="__cf_email__" data-cfemail="f39b9692819a9d94dd979c90989687b39d8190dd949c85">[email protected]</span></a>, 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 <a href="/cdn-cgi/l/email-protection#da9789929ef488bfa9b5afa8b9bf9ab4a8b9f4bdb5ac"><span class="__cf_email__" data-cfemail="e0adb3a8a4ceb285938f95928385a08e9283ce878f96">[email protected]</span></a>, 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


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