23810 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

both set and adjust fee rates and to

support the computation of fees paid by

each gaming operation.

Respondents: Gaming operations.

Estimated Number of Respondents:

279.

Estimated Annual Responses: 1,116.

Estimated Annual Burden Hours Per

Respondent: 5.

Estimated Total Annual Burden on

Respondents: 1,395 hours.

Larry D. Rosenthal,

Chief of Staff, National Indian Gaming

Commission.

[FR Doc. 98–11522 Filed 4–29–98; 8:45 am]

BILLING CODE 7565–01–M

NATIONAL SCIENCE FOUNDATION

Agency Information Collection

Activities: Comment Request; EHR

Impact Database

AGENCY: National Science Foundation.

ACTION: Notice.

SUMMARY: The National Science

Foundation (NSF) is announcing plans

to request renewal of this collection, the

EHR (Directorate for Education and

Human Resources) Database. In

accordance with the requirement of

Section 3506(c)(2)(A) of the Paperwork

Reduction Act of 1995, we are providing

opportunity for public comment on this

action. After obtaining and considering

public comment, NSF will prepare the

submission requesting that OMB

clearance of this collection for no longer

than 3 years.

SEND COMMENTS TO: Gail A. McHenry,

Reports Clearance Officer, National

Science Foundation, 4201 Wilson

Boulevard, Suite 245, Arlington,

Virginia 22230 or send email to

gmchenry@nsf.gov. Written comments

should be received within 60 days of the

date of this notice.

FOR FURTHER INFORMATION CONTACT:

Mrs. McHenry on (703) 306–1125 x2010

or send email to gmchenry@nsf.gov.

Copies of specific data collection

instruments are available from Mrs.

McHenry.

Comments are invited on (a) whether

the proposed collection of information

is necessary for the proper performance

of the functions of the Agency,

including whether the information shall

have practical utility; (b) the accuracy of

the Agency’s estimate of the burden of

the proposed collection of information;

(c) ways to enhance the quality, utility,

and clarity of the information on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

Proposed Renewal Project: The EHR

Impact Database was established in

1995 to integrate all available

information pertaining to the NSF’s

Education and Training portfolio. Under

a generic survey clearance (OMB 3145–

0136) data from the NSF administrative

database are incorporated and

additional information is obtained

through initiative-, divisional-, and

program-specific data collections.

Use of the Information: This

information is required for effective

administration, program monitoring and

evaluation, and for measuring

attainment of NSF’s program goals, as

required by the Government

Performance and Results Act (GPRA).

Burden on the Public: The total

estimate for this collection is 50,000

annual burden hours. This figure is

based on the previous 3 years of

collecting information under this

clearance. The average annual reporting

burden is between 2 and 50 hours per

‘respondent’ who may be an individual

or a project site representing groups.

Dated: April 27, 1998.

Gail A. McHenry,

NSF Reports Clearance Officer.

[FR Doc. 98–11521 Filed 4–29–98; 8:45 am]

BILLING CODE 7555–01–M

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel for

Geosciences; Notice of Meetings

In accordance with the Federal

Advisory Committee Act (Pub. L. 92–

463, as amended), the National Science

Foundation announces the following

meetings.

Name: Special Emphasis Panel for

Geosciences.

1. Date & Time: May 18–22, 1998; 8:30 am–

5:00 pm.

Contact Person: Dr. Reeve, Section Head,

Division of Ocean Sciences, National Science

Foundation, 4201 Wilson Blvd., Arlington,

VA 22230. Telephone: (703) 306–1587.

Agenda: To review and evaluate Ocean

Science Research Programs (OSRS) as part of

the selection process for awards.

1. Date & Time: May 18–19, 1998; 8:30 am–

5:00 pm.

Contact Person: Dr. Taylor, Program

Director of Ocean Sciences, National Science

Foundation, 4201 Wilson Blvd., Arlington,

VA 22230. Telephone: (703) 306–1587.

Agenda: To review and evaluate Life in

Extreme Environments Program (LExEn)

proposals as part of the selection process for

awards.

Place: National Science Foundation, 4201

Wilson Blvd., Arlington, VA.

Type of Meetings: Closed.

Purpose of Meetings: To provide advice

and recommendations concerning proposals

submitted to NSF for financial support.

Reason for Closing: The proposals being

reviewed include information of a

proprietary or confidential nature, including

technical information; financial data, such as

salaries; and personal information

concerning individuals associated with the

proposals. These matters are exempt under 5

U.S.C. 552b(c), (4) and (6) of the Government

in the Sunshine Act.

Dated: April 27, 1998.

M. Rebecca Winkler,

Committee Management Officer.

[FR Doc. 98–11516 Filed 4–29–98; 8:45 am]

BILLING CODE 7555–01–M

NUCLEAR REGULATORY

COMMISSION

[License No. 45–24851–02; Docket No. 030–

32660; EA 98–213]

In the Matter of Moisture Protection

Systems Analysts, Inc., 1350 Beverly

Road, Suite 223, McLean, VA 22101;

Order Modifying Order Suspending

License (Effective Immediately) and

Order Revoking License

I

Moisture Protection Systems

Analysts, Inc., 1350 Beverly Road, Suite

223 McLean, Virginia 22101, (the

Licensee or MPS) is the holder of

Byproduct Material License No. 45–

24851–02 (the license), which was

issued by the Nuclear Regulatory

Commission (NRC or Commission)

pursuant to 10 CFR Part 30 on January

30, 1992. The license authorizes MPS to

possess byproduct material, i.e., a

Siemens Model R–50 portable roofing

gauge that contains a nominal 40

millicuries (mCi) of Americium-241, for

use in measuring moisture density of

roof surfaces in accordance with the

conditions specified in the license. Mr.

Virgil J. Hood, President, MPS, is the

only authorized user listed on the

license. On February 27, 1997, and May

15, 1997, the license was suspended by

immediately effective Order based on

non-payment of annual fees required

pursuant to 10 CFR 171.16.

II

On February 3, 1997, an NRC

inspection was attempted at the

Licensee’s address (above). The address

is a mixed commercial/residential use

condominium. The inspector contacted

the condominium’s marketing

representative to determine the

whereabouts of the Licensee. The

marketing representative stated that the

Licensee had broken the lease and

vacated the premises without prior

notice in mid-December 1996. The

inspector and the marketing
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23811

representative searched the offices

formerly used by the Licensee for any

evidence of the gauge containing

licensed material that the Licensee was

authorized to possess. Visual

observation and radiation surveys

showed no evidence of the licensed

material. The marketing representative

gave a forwarding address as 2811 12th

Street, NE, Washington, D.C. The

marketing representative indicated that

this address was provided by one of the

Licensee’s clients. On February 5, 6, 10,

11, and 12, 1997, the NRC Region II

Office attempted unsuccessfully to

contact the Licensee by telephone at the

2811 12th Street address, identified as

Atlas Contractors (ACI). Telephone

messages were left with an answering

service on February 4 and 6, 1997.

On February 20, 1997, an NRC

inspection was attempted at ACI at the

2811 12th Street address. The inspector

spoke to the Office Manager for ACI.

The Office Manager stated that she had

forwarded NRC telephone messages to

Mr. Hood, the Licensee president and

authorized user. The Office Manager

stated that Mr. Hood was an owner of

ACI. The inspector conducted visual

observation and radiation surveys, but

found no evidence of the gauge

containing licensed material. The

inspector requested that the Office

Manager ask Mr. Hood to contact the

NRC Region II Office as soon as

possible, and the inspector provided

two names and telephone numbers

there, including his own. On February

24 and 25, 1997, and March 12 and 13,

1997, the NRC Region II Office

attempted unsuccessfully to contact the

Licensee by telephone at ACI.

On March 18, 1997, an NRC

inspection was again attempted at ACI

at the 2811 12th Street address. No one

was at the ACI office. On March 25,

1997, the NRC Region II Office

attempted unsuccessfully to contact the

Licensee by telephone at ACI. In April

1997, the NRC Region II Office

contacted ACI and confirmed that Mr.

Hood, the Licensee president and

authorized user, was operating out of

that office. On June 10, 11 and 20, 1997,

and November 19, 1997, the NRC

contacted a business associate of the

Licensee’s president and authorized

user and left messages for the Licensee’s

president to contact the NRC when

possible. On November 20, 1997, an

NRC inspection was attempted at 1441

Florida Avenue, N.W., Washington,

D.C., an address provided to the NRC

inspector by the telephone directory

service. The inspector was informed

that Mr. Hood was out of the country

and would not return until December

10, 1997.

On February 27, 1997, NRC issued an

Order Suspending License (Effective

Immediately) to the Licensee based on

non-payment of the annual fee for Fiscal

Year 1996, required pursuant to 10 CFR

171.16. The Order was sent to the

licensee at 2811 12th Street, NE,

Washington, D.C., by Certified Mail, and

was returned to NRC as undelivered.

On May 15, 1997, NRC issued an

Order Suspending License (Effective

Immediately) to the Licensee based on

non-payment of annual fees for Fiscal

Years 1996 and 1997, required pursuant

to 10 CFR 171.16. The Order was sent

to the Licensee at 2811 12th Street, NE,

Washington, D.C., by Certified Mail, and

was received at that address on May 22,

1997, as evidenced by a signed return

receipt. The May 1997 Order was

effective immediately and required,

among other things, that the Licensee:

(a) Cease use of its licensed material,

other than activities involving

decommissioning, storage or transfer; (b)

dispose of its licensed nuclear material;

and (c) submit an answer to the Order

within 30 days of the date of the Order.

To date, the Licensee has not submitted

the required answer to the Order and

has not been in contact with NRC. It is

not known whether the Licensee has

complied with the portions of the Order

that require the Licensee to suspend its

use of licensed material and dispose of

the licensed material.

III

10 CFR 30.52(a) requires that the

Licensee afford to the Commission at all

reasonable times the opportunity to

inspect byproduct material and the

premises and facilities wherein

byproduct material is used or stored. 10

CFR 30.52(b) requires that the Licensee

make available to the Commission for

inspection, upon reasonable notice,

records kept by the Licensee pursuant to

pertinent regulations. As detailed above,

the Licensee has violated these

requirements. Moreover, given the

failure of the Licensee to notify the NRC

of its abandonment of the facility named

on the license; the failure to notify NRC

of a location where the Licensee could

be found and inspections conducted;

and the admission of the Office Manager

that she forwarded NRC’s telephone

messages to Mr. Hood, these violations

are indicative, at a minimum, of careless

disregard as defined in the ‘‘General

Statement of Policy and Procedure for

NRC Enforcement Actions’’

(Enforcement Policy), NUREG–1600.

Because NRC has been denied the

opportunity to inspect the Licensee’s

records and its byproduct material, NRC

cannot be certain that public health,

safety and the environment are being

adequately protected. For example, it is

not known whether the Licensee has

performed leak tests as required by

Condition 14 of its NRC license and

whether or not the source is leaking

radioactive material.

Payment of annual fees for possession

of byproduct material is required by 10

CFR 171.16. As detailed in the May 15,

1997 Order, the Licensee violated this

requirement for Fiscal Years 1996 and

1997.

IV

The failure of the Licensee to respond

as required by the May 15 Order, the

apparent violations detailed above, and

the apparent careless disregard of the

Licensee’s principal officer, Mr. Hood,

demonstrate that the Licensee is either

unwilling or unable to comply with

Commission requirements and cannot

be tolerated. Additionally, given the

Licensee’s actions to thwart an NRC

inspection of its licensed material and

the premises where the material is used

and stored, the status of the licensed

material cannot be determined, and I

lack the requisite reasonable assurance

that licensed activities under Byproduct

Material License No. 45–24851–02 can

be conducted in compliance with

Commission requirements and that

public health and safety will be

protected if the Licensee were to

continue in possession of licensed

material at this time. Furthermore,

pursuant to 10 CFR 2.202, I find that the

significance of the violations described

above is such that the public health,

safety and interest require that the

provisions of Section V.A. of this Order

be immediately effective.

V

Accordingly, pursuant to sections 81,

161b, 161c, 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

Parts 30, 170, and 171,

A. It is hereby ordered that, effective

immediately:

1. The requirements of Paragraphs A.

through E. of Section III of the Order

dated May 15, 1997 and attached hereto

remain in effect except where modified

below.

2. The Licensee shall immediately

contact Mr. Douglas M. Collins,

Director, Division of Nuclear Materials

Safety, NRC Region II, at telephone

number (404) 562–4700, and report the

current location, physical status, and

storage arrangements of the licensed

material. A written response

documenting this information shall be

submitted under oath or affirmation to

the Regional Administrator, NRC Region
23812 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

II, Atlanta Federal Center, 61 Forsyth

Street, SW, Suite 23T85, Atlanta,

Georgia within ten days of the date of

this Order.

3. Within ten days of the date of this

Order, the Licensee shall complete a

leak test pursuant to Byproduct Material

License No. 45–24851–02, Condition

14.A.(1), C and D, to confirm the

absence of leakage of radioactive

materials and to establish the levels of

residual radioactive contamination. The

Licensee shall, within five days of the

date the leak test results are known,

submit the results of the leak test in

writing to the NRC Region II office. This

information should be addressed to the

Regional Administrator, NRC Region II,

at the address given in Paragraph A.2.

above. If the test reveals the presence of

0.005 microcurie or greater of removable

contamination, the Licensee shall

immediately contact Mr. Douglas M.

Collins, NRC Region II, at the telephone

number given in Paragraph A.2. above.

4. Within 30 days of the date of this

Order, the Licensee shall cause all

licensed material in its possession to be

transferred to an authorized recipient in

accordance with 10 CFR 30.41 and shall

submit for NRC approval a completed

form NRC–314. This information should

be addressed to the Regional

Administrator, NRC Region II, at the

address given in Paragraph A.2. above.

5. At least two working days prior to

the date of the transfer of any licensed

material, the Licensee shall notify Mr.

Douglas M. Collins, NRC Region II, at

the telephone number given in

Paragraph A.2. above, so that the NRC

may, if it elects, observe the transfer of

the material to the authorized recipient.

6. Within seven working days

following completion of the transfer, the

Licensee shall provide to the Regional

Administrator, NRC Region II, in

writing, under oath or affirmation: (1)

Confirmation, on form NRC–314, that all

licensed material has been transferred;

(2) the last date that the licensed

material was used; (3) a copy of the leak

test performed prior to transfer; (4) a

copy of the survey performed in

accordance with 10 CFR 30.36(j)(2); and

(5) a copy of the certification from the

authorized recipient that the licensed

material has been received. This

information shall be addressed to the

Regional Administrator, NRC Region II,

at the address given in Paragraph A.2.

above.

B. It is further ordered:

1. Upon a written finding by the

Regional Administrator, NRC Region II,

that no licensed material remains in the

Licensee’s possession and that other

applicable provisions of 10 CFR 30.36

have been fulfilled, Byproduct Material

License No. 45–24851–02 is revoked.

The Director, Office of Enforcement,

may relax or rescind, in writing, any of

the above provisions upon

demonstration of good cause by the

Licensee.

VI

In accordance with 10 CFR 2.202, the

Licensee 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. The answer may

consent to this Order. Unless the answer

consents to this Order, the answer 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 the Licensee 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,

Rulemakings Adjudications Staff,

Washington, D.C. 20555.

Copies also shall be sent to the

Director, Office of Enforcement, U.S.

Nuclear Regulatory Commission,

Washington, D.C. 20555, to the Deputy

Assistant General Counsel for

Enforcement at the same address, and to

the Regional Administrator, NRC Region

II, Atlanta Federal Center, 61 Forsyth

Street, SW Suite 23T85, Atlanta, Georgia

30303 and to MPS if the answer or

hearing request is by a person other than

MPS. If a person other than MPS

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 the

Licensee, 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),

MPS may, in addition to demanding a

hearing, at the time the answer is filed

or sooner, move the presiding officer to

set aside the provisions of this Order

which are immediately effective on the

ground that those provisions, including

the need for immediate effectiveness,

are 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 V 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 provisions of this order

which are immediately effective.

Dated at Rockville, Maryland, this 20th day

of April 1998.

For the Nuclear Regulatory Commission.

Thomas T. Martin,

Acting Deputy Executive Director for

Regulatory Effectiveness.

[FR Doc. 98–11502 Filed 4–29–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–306]

Northern States Power Company;

Notice of Withdrawal of Application for

Amendment to Facility Operating

License

The U.S. Nuclear Regulatory

Commission (the Commission) has

granted the request of Northern States

Power Company (the licensee) to

withdraw its February 10, 1998,

application for proposed amendment to

Facility Operating License No. DPR–60

for the Prairie Island Nuclear Generating

Plant, Unit 2, located in Goodhue

County, Minnesota.

The proposed amendment requested a

limited duration change to the Prairie

Island Technical Specifications that

would allow a reduction in the boron

concentration required for Mode 6.

The Commission had previously

published notices in the Minneapolis

Star Tribune on February 16, 1998, and

in the Red Wing Republican Eagle and

Minneapolis Star Tribune on February

17, 1998, requesting comments on the

NRC staff’s proposed determination that

the proposed amendment involved no

significant hazards considerations.

However, by letter dated March 31,

1998, the licensee withdrew the

proposed change.