23814 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

the Corporation will take the following

immediate actions:

a. Notify the Plant Shift

Superintendent (PSS) of accumulator

usage.

b. Begin tracking of quantities by

using calculated withdrawal rates.

c. The PSS will initiate high priority

actions for timely resolution of

unscheduled outages.

d. The Cascade Coordinator will take

actions to reduce tails downflow and/or

product or tails withdrawal rates to

minimize accumulator use as

appropriate.

e. Notify the NRC.

3. If the calculated accumulator

inventory reaches 4,000 lbs liquid UF6

in C–310A or 10,000 lbs liquid UF6 in

C–315, flow of liquid UF6 to the affected

accumulator will be stopped

immediately.

By letter dated March 11, 1998, the

Corporation proposed to install seismic

modifications to the equipment in

Buildings C–310/310A and C–315 by

September 30, 1998. Those seismic

modifications will increase the seismic

capacity of the equipment to withstand

an earthquake producing a peak ground

acceleration of 0.165 g.

I find that the Corporation’s

commitments to install the seismic

modification within the proposed time

frame and these administrative controls

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 Corporation’s

commitments be confirmed by this

Order. By letter dated, April 1, 1998, the

Corporation consented to the issuance

of this Order confirming its

commitments, as described in Section

IV below. The Corporation further

agreed in that letter that this Order is to

be effective upon issuance.

Implementation of these commitments

will minimize the available liquid UF6

inventories that could be released in a

seismic event and reduce the on-site

and off-site consequences. Based upon

the above and the Corporation’s

consent, this Order is immediately

effective upon issuance.

IV

Accordingly, pursuant to sections

161b, 161i, 161o, and 1701 of the

Atomic Energy Act of 1954, as amended,

and the Commission’s regulations in 10

CFR Part 76, including specifically 10

CFR 76.70, It is hereby ordered, effective

immediately, that certificate No. GDP–1

is modified as follows:

Condition 13 is added to the

Certificate of Compliance GDP–1 to

require that:

1. The Corporation will by no later

than September 30, 1998, complete

seismic modifications to the equipment

containing liquid UF6 in Buildings C–

310/310A and C–315. Those seismic

modifications will increase the seismic

capacity of the equipment to withstand

an earthquake producing a peak ground

acceleration of 0.165 g.

2. Until such time as the above

seismic modifications are completed,

the following additional administrative

controls shall be followed:

a. When flow of liquid UF6 has been

diverted to the on-line accumulator in

C–310A or C–315 for greater than one

hour (nominal 2,000 and 5,000 pounds

(lbs) liquid UF6 respectively at one

hour), the Corporation will

immediately:

i. Notify the Plant Shift

Superintendent (PSS) of accumulator

usage.

ii. Begin tracking of quantities by

using calculated withdrawal rates.

iii. Ensure that the PSS will initiate

high priority actions for timely

resolution of unscheduled outages.

iv. Ensure that the Cascade

Coordinator will take actions to reduce

tails downflow and/or product or tails

withdrawal rates to minimize

accumulator use as appropriate.

v. Notify the NRC.

b. If the calculated accumulator

inventory reaches 4,000 lbs liquid UF6

in C–310A or 10,000 lbs liquid UF6 in

C–315, flow of liquid UF6 to the affected

accumulator will be stopped

immediately.

c. Access to Buildings C–310/310A

and C–315 will be limited to only those

individuals essential to operations,

inspections, or those personnel

performing any modifications to fix the

identified seismic failures.

The Director, Office of Enforcement,

may, in writing, relax or rescind this

Order upon demonstration by the

Corporation of good cause.

V

Any person adversely affected by this

Confirmatory Order, other than the

Corporation, may submit a written

response within 20 days of its issuance.

Where good cause is shown,

consideration will be given to extending

the time to respond. A request for

extension of time must be made in

writing to the Director, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, D.C. 20555, and include a

statement of good cause for the

extension. Any response shall be

submitted to the Secretary, U.S. Nuclear

Regulatory Commission, ATTN: Chief,

Rulemaking and Adjudications Staff,

Washington, D.C. 20555. Copies of the

response shall also 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, to the

Regional Administrator, NRC Region III,

801 Warrenville Road, Lisle, Illinois

60532–4351, and to the Corporation.

In the absence of any response, or

written approval of an extension of time

in which to respond, 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 submitting a

response has been approved, the

provisions specified in Section IV shall

be final when the extension expires if a

response is not received. If a written

response is received, the Commission

may make a final decision or may adopt

by order further procedures for

consideration of the issues before

making a final enforcement decision.

Written responses shall not stay the

immediate effectiveness of this order.

For the Nuclear Regulatory Commission.

Dated at Rockville, Maryland, this 22nd

day of April 1998.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 98–11506 Filed 4–29–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 030–34060; [License No. 52–

25113–02; EA–98–183]

In the Matter of Jose ́ M. Colo ́n Vaquer,

M.D., Manatı ́ Puerto Rico; Confirmatory

Order Modifying License Effective

Immediately

I

At present, Jose ́ M. Colo ́n Vaquer,

M.D. (Licensee) is the holder of NRC

License No. 52–25113-02 issued by the

Nuclear Regulatory Commission (NRC

or Commission) pursuant to 10 CFR Part

35. The license authorizes the Licensee

to possess and use a 125 millicurie

(decay corrected to 91 millicurie)

Strontium-90 (Sr-90) eye applicator for

medical treatment of superficial eye

conditions. The license was issued on

March 28, 1997, and is due to expire on

March 31, 2002. The Licensee first

obtained license No. 52–25113–01 to

possess and use a 125 millicurie Sr-90

eye applicator for medical treatment of

superficial eye conditions on December
Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices 23815

17, 1990. That license expired on

November 30, 1995. Subsequently, the

Licensee applied for a new license on

January 31, 1996, which was issued as

License No. 52–25113–02 on March 28,

1997.

II

During a routine inspection on August

10, 1995 (inspection report No. 52–

25113–01/95–01), the NRC identified

violations regarding the failure to

perform leak test of the sealed source as

required by 10 CFR 35.59(b)(2) and the

failure to perform a review of the

Quality Management Program (QMP) as

required by 10 CFR 35.32(b)(1).

Moreover, the Licensee did not take

actions to correct the violation within

30 days as required by the Notice of

Violation dated August 10, 1995. Thus,

the Licensee continued to be in

violation of the cited requirements from

the time they were identified on August

10, 1995, until the expiration of the

license No. 52–25113–01, on November

30, 1995.

The NRC conducted a special

inspection of the Licensee on March 2

and 5, 1998. The inspection examined

activities conducted under the license

with respect to the use of the Sr-90 eye

applicator, proper calibration and decay

correction of the surface dose rate for

the Sr-90 eye applicator, and the

implementation of the Quality

Management Program (QMP). After

identifying significant failures to

comply with NRC requirements in these

areas, the scope of the inspection was

expanded to address radiation safety

and compliance with other NRC

regulations and the conditions of the

license.

During the inspection, the inspectors

identified two misadministrations

resulting from treatments using the Sr90 eye applicator. These were brought to

the Licensee’s attention during the

inspection. One misadministration

occurred when 1500 centigrays (cGy)

(1500 rads) was administered when

1000 cGy (1000 rads) was intended, and

the other involved the administration of

1000 cGy (1000 rads) when 1500 cGy

(1500 rads) was intended.

Based on the results of this

inspection, 10 violations were

identified. The violations involved: (1)

The failure to use written directives on

multiple occasions as required by 10

CFR 35.32(a)(1); (2) the failure to have

a written procedure to ensure that final

treatment plans and related calculations

(exposure time) were in accordance

with written directives as required by 10

CFR 35.32(a)(3); (3) the failure to limit

activities involving byproduct material

to those related to decommissioning

following the expiration of license No.

52–25113–01 as required by 10 CFR

30.36(c); (4) the failure to control and

maintain under constant surveillance

licensed material as required by 10 CFR

20.1801; (5) the failure to perform

annual reviews of the radiation

protection program as required by 10

CFR 20.1101(c); (6) the failure to test a

brachytherapy source for leakage as

required by 10 CFR 35.59(b)(2) (this is

a repeat violation); (7) the failure to

perform brachytherapy surveys

quarterly as required by 10 CFR

35.59(h); (8) the failure to issue

personnel dosimetry monitoring as

required by condition 17 of license No.

52–25113–02; (9) the failure to record

brachytherapy source inventories as

required by 10 CFR 35.59(g); and (10)

the failure to post copies of the current

license and NRC regulations as required

by 10 CFR 19.11(a) and (b).

The NRC is concerned that following

telephonic notification by the NRC on

December 1, 1995, that the license No.

52–25113–01 had expired and that

licensed material needed to placed in

safe storage until a new license was

granted, the Licensee continued to use

the licensed material until a new license

No. 52–25113–02 was received on

March 28, 1997. In addition, the

violations identified in 1995 and the

number and scope of the violations

identified during the March 2 and 5,

1998, inspection reflect current

inadequate control over the safe use of

licensed material and a significant

breakdown in the radiation safety

program and QMP. Collectively, these

findings indicate a lack of regard or

carelessness toward licensed activities.

The Licensee met with NRC

inspectors during the inspection exit

meeting at the Licensee’s facility on

March 5, 1998, to review the findings of

the inspection. During the inspection

exit meeting, the Licensee discussed his

intentions to cease use of the Sr-90 eye

applicator and to place it in safe storage.

The Licensee agreed to submit these

proposals to the NRC in writing.

III

By letter dated March 6, 1998, the

Licensee indicated that, effective

immediately and until it is determined

otherwise:

1. All use of the Sr-90 eye applicator

will cease; and

2. The Sr-90 eye applicator will be

placed in locked safe storage.

On April 16, 1998, the Licensee

consented in writing to the issuance of

this Order and its provisions, as

described in Section IV below. The

Licensee further agreed in its letter of

April 16, 1998, that this Order is to be

effective upon issuance and that he has

waived his right to a hearing.

Implementation of these commitments

will provide enhanced assurance that

licensed material will remain secure

and in safe storage pending completion

of satisfactory corrective actions and

resolution of the identified enforcement

issues.

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

the Licensee’s consent, this Order is

immediately effective upon issuance.

IV

Accordingly, pursuant to Sections 81,

161b, 161i, 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 and 35, it is

hereby ordered, effective immediately,

that, pending further action by the NRC,

License No. 52–25113–02 is modified as

follows:

1. The Licensee shall discontinue all

uses of the Sr-90 eye applicator.

2. The licensee shall place the Sr-90

eye applicator in locked safe storage

until further Order of the Commission.

The Regional Administrator, Region

II, may relax or rescind, in writing, any

of the above conditions upon a showing

by the Licensee of good cause.

V

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,

Rulemaking and 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, to

the Regional Administrator, NRC Region

II, Atlanta Federal Center, 23T85, 61

Forsyth Street, S.W., Atlanta, GA

30303–3415, and to the Licensee. If such
23816 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 / Notices

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.

Dated at Rockville, Maryland, this 21st day

of April 1998.

For the Nuclear Regulatory Commission.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 98–11503 Filed 4–29–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–213, License No. DPR–61]

Connecticut Yankee Atomic Power

Company; Receipt of Petition for

Director’s Decision Under 10 CFR

2.206

Notice is hereby given that by petition

dated March 13, 1998, Citizens

Awareness Network Inc., has requested

that the U.S. Nuclear Regulatory

Commission (NRC) take action with

regard to the Haddam Neck plant.

Petitioner requests that NRC

immediately suspend the licensee’s

operating license.

As the basis for this request, the

petitioner states that the licensee has

failed to adequately exercise

radiological controls. The petitioner

further states that the licensee’s

proposal to cool the spent fuel pool by

ventilating the spent fuel storage

building with ambient air through doors

and roof hatches, in the event that the

new spent fuel pool cooling system is

unavailable, would constitute an

unmonitored and unplanned release of

radiation into the environment.

The request is being treated pursuant

to 10 CFR 2.206 of the Commission’s

regulations. The request has been

referred to the Director of the Office of

Nuclear Reactor Regulation. As

provided by Section 2.206, appropriate

action will be taken on this petition

within a reasonable time. A copy of this

petition is available for inspection at the

Commission’s Public Document Room

at 2120 L Street, NW., Washington, DC

20555–0001.

Dated at Rockville, Maryland, this 22nd

day of April 1998.

For the Nuclear Regulatory Commission.

Samuel J. Collins,

Director, Office of Nuclear Reactor

Regulation.

[FR Doc. 98–11505 Filed 4–29–98; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–199]

Notice of Application for

Decommissioning Amendment

Manhattan College; Zero Power

Research Reactor

Notice is hereby given that the U.S.

Nuclear Regulatory Commission (the

Commission) has received an

application from Manhattan College

dated January 12, 1998, for a license

amendment approving the

decommissioning plan for the

Manhattan College Zero Power Reactor

(Facility License No. R–94) located in

the Leo Engineering Building, two

blocks from the Manhattan College

Campus in Riverdale, New York.

A copy of the application is available

for public inspection at the

Commission’s Public Document Room,

the Gelman Building, at 2120 L Street,

NW., Washington, DC 20037.

Dated at Rockville, Maryland, this 22nd

day of April 1998.

For the Nuclear Regulatory Commission.

Seymour H. Weiss,

Director, Non-Power Reactors and

Decommissioning Project Directorate,

Division of Reactor Program Management,

Office of Nuclear Reactor Regulation.

[FR Doc. 98–11504 Filed 4–29–98; 8:45 am]

BILLING CODE 7590–01–P

OFFICE OF PERSONNEL

MANAGEMENT

Submission for OMB Review;

Comment Request for Reclearance of

an Information Collection: SF 3106 and

SF 3106A

AGENCY: Office of Personnel

Management.

ACTION: Notice.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995 (Pub.

L. 104–13, May 22, 1995), this notice

announces that the Office of Personnel

Management (OPM) intends to submit to

the Office of Management and Budget a

request for reclearance of an information

collection. SF 3106, Application for

Refund of Retirement Deductions, and

SF 3106A, Current/Former Spouse’s

Notification of Application for Refund

of Retirement Deductions, are used by

former Federal employees who

contributed to the Federal Employee’s

Retirement System to receive a refund of

retirement deductions and any other

money to their credit in the Retirement

fund.

Comments are particularly invited on:

whether this information is necessary

for the proper performance of functions

of the Office of Personnel Management,

and whether it will have practical

utility; whether our estimate of the

public burden of this collection of

information is accurate, and based on

valid assumptions and methodology;

and ways in which we can minimize the

burden of the collection of information

on those who are to respond, through

the use of appropriate technological

collection techniques or other forms of

information technology.

There are approximately 81,000

respondents for the SF 3106 and 40,500

respondents for the SF 3106A. It takes

approximately 27 minutes to complete

SF 3106 and 6 minutes to complete SF

3106A. The annual burden for SF 3106

is 36,450 and 4,050 for the SF 3106A.

For copies of this proposal, contact

Jim Farron on (202) 418–3208, or E-mail

to jmfarron@opm.gov

DATES: Comments on this proposal

should be received on or before June 29,

1998.

ADDRESSES: Send or deliver comments

to—John C. Crawford, Chief, FERS

Division, Retirement and Insurance

Service, U.S. Office of Personnel

Management, 1900 E Street, NW, Room

3313, Washington, DC 20415.

FOR INFORMATION REGARDING

ADMINISTRATIVE COORDINATION—CONTACT:

Mary Beth Smith-Toomey, Budget &

Administrative Services Division, (202)

606–0623.