Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 85565 

Preferred Alternative as summarized 

above and described in detail within the 

2024 FEIS. Development of the 

proposed project at the Roxana Site in 

Letcher County is contingent on the 

availability of funding sufficient to 

proceed. 

VII. Rationale 

The FBOP’s decision is based on the 

following: 

The condition of facilities, 

infrastructure, and equipment is critical 

to effective correctional facility 

operation and security. As a result of 

their continuous use, facilities, 

infrastructure, and equipment require 

frequent maintenance and repairs, largescale upgrades and renovations, and in 

select cases, complete replacement. 

With over 50 percent of all federal 

correctional facilities developed prior to 

1991, and many facing a substantial 

backlog of Modernization and Repair 

(M&R) work, the challenge confronting 

the FBOP to continue achieving its 

mission with aging and obsolete 

institutions is formidable. 

Coinciding with the need for modern 

facilities and infrastructure, Congress 

directed the FBOP to conduct 

investigations leading to development of 

a new federal correctional facility in 

Letcher County, Kentucky. The decision 

to develop a new FCI and FPC at the 

Roxana Site in Letcher County is based 

on the many detailed investigations 

conducted by the FBOP and 

demonstrates compliance with 

Congress’ directive while best meeting 

the FBOP’s goals and objectives. 

Because implementation of this 

alternative would have fewer adverse 

impacts on the human and natural 

environments, the FBOP considers it to 

be the Preferred Alternative. 

Construction of the proposed FCI/FPC 

at the Roxana Site will result in shortterm, temporary impacts including 

increased noise levels, fugitive dust 

emissions, soil erosion, traffic volumes, 

and fuel consumption with the 

associated air emissions. Permanent and 

significant impacts to topography, 

geology and soils would also occur from 

construction with permanent and less 

than significant impacts anticipated to 

land use, community facilities and 

services, transportation and traffic, 

visual and aesthetic resources, air 

quality, cultural resources, noise, utility 

services, water resources, biological 

resources, and hazardous materials, as 

defined by NEPA. 

While construction and operation of 

the proposed FCI/FPC at the Roxana 

Site will cause unavoidable impacts, 

activities involving construction and 

operation shall comply with applicable 

federal statutes, implementing 

regulations, Executive Orders, and other 

consultation, review, and permit 

requirements. Unavoidable adverse 

impacts to natural and manmade 

resources will be controlled, reduced, or 

eliminated by the avoidance, 

minimization, and mitigation measures 

identified in Section V (Avoidance, 

Minimization, and Mitigation Measures) 

of this ROD. 

The FBOP will implement a 

Monitoring and Enforcement Program 

(MEP) to ensure that the proposed 

avoidance, minimization, and 

mitigation measures documented within 

this ROD are implemented. The MEP 

will identify the timing, responsibility, 

and method of implementation of the 

proposed measures, as well as any 

required monitoring and enforcement 

activities. As part of the program, each 

project contractor will be required to 

implement the mitigation measures 

arising from its project activities with 

the FBOP or its authorized agencies 

overseeing, inspecting and monitoring 

the measures to ensure compliance. The 

FBOP will be responsible for any 

mitigation measures required as part of 

FCI/FPC operation. The FBOP will 

maintain the MEP throughout project 

implementation and will include the 

MEP in the project administrative 

record. Any on-going obligations will be 

the responsibility of the FBOP. 

Development of the proposed FCI/ 

FPC at the Roxana Site will result in 

beneficial impacts by adding a modern 

new correctional facility to the federal 

prison system. In doing so, the local and 

regional economies will benefit from the 

addition of 325 permanent workers and 

new annual wages and salaries of $43 

million along with $14 million in 

annual expenditures for supplies, 

equipment, utilities, and other goods 

and services necessary for operation. 

The estimated $57 million annual 

operating budget is also expected to 

indirectly support additional private 

sector employment in Letcher County 

and throughout southeastern Kentucky. 

The region has experienced declining 

populations and slow or no economic 

growth which makes development of 

the proposed FCI/FPC attractive and 

consistent with the socioeconomic goals 

and objectives expressed by Letcher 

County leaders and representatives. 

The FBOP will rely upon the Letcher 

County Water and Sewer District for the 

provision of water supply and 

wastewater treatment services along 

with other providers for electric power, 

natural gas, telecommunications, and 

solid waste collection services. Positive 

economic benefits will also accrue to 

those utility providers from suppling 

such services. The necessity for utility 

service upgrades, extensions and related 

improvements will be communicated 

and coordinated with all appropriate 

agencies. 

Prior to making this decision, the 

FBOP carefully considered comments 

received following the publication of 

the 2024 DEIS and FEIS. The comments 

and responses thereto are hereby 

acknowledged and measures to avoid, 

minimize, and mitigate potential 

adverse impacts are documented within 

Section V of this ROD. The FBOP has 

also carefully considered potential 

environmental justice impacts of the 

Proposed Action as discussed in the 

2024 FEIS, together with comments 

concerning environmental justice 

submitted during the DEIS and FEIS 

process. As documented in the 2024 

FEIS, the FBOP has determined that the 

Proposed Action will not result in either 

a disparate or significantly adverse 

impact to low-income or minority 

populations to which Executive Order 

12898 is applicable. 

VIII. Conclusion 

After consulting with FBOP staff and 

being appraised of material in the 2024 

DEIS and FEIS and visiting Letcher 

County in August 2024, it is the 

decision of the undersigned that the 

FBOP select the Roxana Site for land 

acquisition and the development of a 

FCI and FPC in Letcher County. 

Colette S. Peters, 

Director, Federal Bureau of Prisons. 

[FR Doc. 2024–24948 Filed 10–25–24; 8:45 am] 

BILLING CODE P 

MERIT SYSTEMS PROTECTION 

BOARD 

Performance Review Board 

Membership 

AGENCY: Merit Systems Protection 

Board. 

ACTION: Notice. 

SUMMARY: The Merit Systems Protection 

Board announces the appointment of 

the members of its Senior Executive 

Service Performance Review Board. 

This notice supersedes all previous 

notices regarding the Performance 

Review Board membership. 

DATES: These appointments are effective 

October 28, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Pervis Lee, Director of Human 

Resources, Merit Systems Protection 

Board, 1615 M Street NW, Washington, 

DC 20419; telephone: (771) 210–1492; or 

email: pervis.lee@mspb.gov. 


lotter on DSK11XQN23PROD with NOTICES1
85566 Federal Register / Vol. 89, No. 208 / Monday, October 28, 2024 / Notices 

SUPPLEMENTARY INFORMATION: 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. 

Albornoz, MSPB, serves as Chair of the 

PRB. Susan M. Swafford, MSPB; Gina K. 

Grippando, MSPB; and David S. Eddy 

III, Federal Labor Relations Authority, 

serve as members of the PRB. 

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 

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: 

Stacy.Schumann@nrc.gov. 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 

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 

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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