25694 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices

information necessary to determine

entitlement to benefits under FECA.

II. Current Actions

The Department of Labor seeks the

revision approval to collect this

information in order to carry out its

responsibility to determine eligibility

for and the compensation of benefits.

The OWCP–5a, OWCP–5b and OWCP–

5c are being revised. The CA–1302,

formerly included in 1215–0103, is

being eliminated.

Type of Review: Revision.

Agency: Employment Standards

Administration.

Title: FECA Medical Report Forms.

OMB Number: 1215–0103.

Agency Numbers: CA–7, CA–8, CA–

16b, CA–20, CA–20a, CA–1090, CA–

1303, CA–1305, CA–1306, CA–1314,

CA–1316, CA–1331, CA–1332, A–1336,

OWCP–5a, OWCP–5b, and OWCP–5c.

Affected Public: Individuals or

households; Businesses or other forprofit; Federal Government.

Total Respondents: 441,855.

Frequency: As needed.

Total Responses: 441,855.

Estimated Total Burden Hours:

43,412.

Total Form respondents Responses Total response

time

Burden

hours

CA–7 .......................................................................................................................... 200 200 20 min .............. 67

CA–8 .......................................................................................................................... 200 200 5 min ................ 17

CA–16B ..................................................................................................................... 157,000 157,000 5 min ................ 13,083

CA–17B ..................................................................................................................... 134,000 134,000 5 min ................ 11,167

CA–20 ........................................................................................................................ 92,000 92,000 5 min ................ 7,667

CA–20a ...................................................................................................................... 20,000 20,000 5 min ................ 1,667

CA–1090 .................................................................................................................... 800 800 5 min ................ 67

CA–1303 .................................................................................................................... 4,000 4,000 20 min .............. 1,333

CA–1305 .................................................................................................................... 80 80 20 min .............. 27

CA–1306 .................................................................................................................... 25 25 10 min .............. 4

CA–1314 .................................................................................................................... 1,200 1,200 20 min .............. 400

CA–1316 .................................................................................................................... 1,100 1,100 10 min .............. 183

CA–1331 .................................................................................................................... 750 750 5 min ................ 63

CA–1332 .................................................................................................................... 1,500 1,500 30 min .............. 750

CA–1336 .................................................................................................................... 2,000 2,000 5 min ................ 167

OWCP–5a .................................................................................................................. 7,000 7,000 15 min .............. 1,750

OWCP–5b .................................................................................................................. 5,000 5,000 15 min .............. 1,250

OWCP–5c .................................................................................................................. 15,000 15,000 15 min .............. 3,750

Totals .............................................................................................................. 441,855 441,855 ........................... 43,412

Total Burden Cost (capital/startup):

$0.

Total Burden Cost (operating/

maintenance): $141,394.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection request; they will

also become a matter of public record.

Dated: May 17, 1996.

Cecily A. Rayburn,

Director, Division of Financial Management,

Office of Management, Administration and

Planning, Employment Standards

Administration.

[FR Doc. 96–12846 Filed 5–21–96; 8:45 am]

BILLING CODE 4510–27–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 030–30266, License No. 30–

23697–01E, EA 96–170]

Innovative Weaponry, Inc.,

Albuquerque, New Mexico;

Confirmatory Order Modifying License

(Effective Immediately)

I

Innovative Weaponry, Inc. of Nevada,

(IWI or Licensee) is the holder of NRC

License No. 30–23697–01E issued by

the Nuclear Regulatory Commission

(NRC or Commission) pursuant to 10

CFR Part 30. The license authorizes the

Licensee to distribute byproduct

material (i.e., tritium) in gunsights as

specified in the license. The license was

transferred from IWI of New Mexico to

IWI of Nevada on April 3, 1995.

Although due to expire on June 30,

1993, the license has remained active

based on a timely renewal application.

II

Based on its review of the results of

an NRC investigation conducted from

May 9, 1995, through March 22, 1996,

the NRC identified the following

apparent violations of IWI’s license

conditions: (1) IWI distributed tritium in

gunsights not approved by the NRC and

not specifically authorized on the

license; and (2) IWI distributed tritium

sources obtained from a manufacturer

not authorized on the license. In

addition, as indicated in a letter issued

to IWI on April 17, 1996, it appeared

that the violations were committed by

the President and Executive Vice

President of the company.

These apparent violations and the

concern that they were committed by

the President and Executive Vice

President were discussed with IWI

representatives at a predecisional

enforcement conference in Rockville,

Maryland on April 23, 1996. The

Licensee admitted that violations had

occurred but denied that there was any

intent to commit the violations.

Notwithstanding the Licensee’s position

on intent, the NRC is concerned that the

violations resulted from a lack of

effective action to assure compliance

with license requirements, despite IWI

officials being aware that the NRC

license contained limitations on what

could and could not be distributed.

III

As a result of the NRC investigation,

the NRC staff questioned whether it

should have the requisite reasonable

assurance that IWI will comply with

agency requirements. At the

predecisional enforcement conference

and a meeting on the same date to

discuss license amendment issues, the

Licensee voluntarily committed to

actions to address the NRC’s concerns

about its ability to conduct its activities

in compliance with the license and

applicable NRC requirements. The

Licensee offered to develop the

following plans and to submit them to

the NRC for approval: (1) a training plan

to assure that all IWI employees,

including management, understand the
Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices 25695

NRC license and applicable NRC

requirements; (2) an audit plan to assure

compliance with requirements to be

implemented by a third-party,

independent auditor; and (3)

development of written procedures to

maintain accountability, control, and

security of materials authorized by the

NRC for distribution. The NRC has

concluded that implementation of these

commitments, which are described in

more detail below, would provide the

necessary assurance that licensed

activities will be in compliance with

NRC requirements in the future.

I find that the Licensee’s

commitments set forth at the

predecisional enforcement conference

and licensing meetings conducted on

April 23, 1996, are acceptable and

necessary and conclude that with these

commitments the public health, safety

and interest are reasonably assured. In

a telephone call on May 8, 1996, with

Mr. James Tourtellotte, the Licensee’s

attorney, the Licensee agreed to this

action. I have also determined, based on

the Licensee’s consent and on the

significance of the conduct described

above, that the public health and safety

require that this Order be immediately

effective.

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 30, IT IS

HEREBY ORDERED, EFFECTIVE

IMMEDIATELY, THAT LICENSE NO.

30–23697–01E IS MODIFIED AS

FOLLOWS:

1. The Licensee shall submit for NRC

approval, within 30 days of the issuance

of this Order, a training plan designed

to assure that all IWI employees,

including management, who are

involved in activities that may affect

compliance with the NRC license are

familiar with the conditions and

restrictions contained in the license, as

well as with all other applicable NRC

requirements. The training plan also

shall provide for training in

accountability, control, and security of

licensed material in gunsights

authorized by the NRC for distribution

to persons exempt from licensing. The

training plan shall provide for initial

training of all existing employees,

including management, within 30 days

of the issuance of this Order, training for

new employees, including management,

prior to their working with licensed

materials, and annual refresher training

thereafter.

2.a. The Licensee shall submit for

NRC approval, within 30 days of the

date of this Order, the name and

qualifications of an independent auditor

or auditors whom the Licensee proposes

to conduct the audits described below

and who are capable of conducting such

audits to assure compliance with all

NRC license conditions and

requirements.

b. The Licensee shall submit for NRC

approval, within 30 days of the NRC’s

approval of the above auditor, an audit

plan which shall provide for periodic

audits to assure compliance with all

NRC license conditions and

requirements. The audit plan shall

provide for an initial audit, followed by

quarterly audits for a 1-year period, and

semi-annual audits thereafter. The audit

plan shall provide for audit reports to be

issued to the Licensee and the NRC at

the same time within 30 days of the

completion of each audit. The audit

report shall contain findings on the

Licensee’s state of compliance with NRC

requirements and recommendations to

achieve compliance if deficiencies are

noted. The plan shall provide for the

Licensee to respond in writing to all

audit findings within 30 days of each

audit report, with a copy to the NRC.

The response shall state the actions

taken by the licensee to address audit

recommendations with which the

Licensee agrees. For those

recommendations that the Licensee

disputes, the Licensee shall provide the

basis for dispute and any other action

taken.

3. The Licensee shall develop and

implement, within 30 days of the

issuance of this Order, written

procedures designed to maintain

inventory and accountability of

gunsights with sources authorized by

the NRC for distribution to persons

exempt from licensing.

4. Upon approval of the actions

required under items 1 and 2.a above,

items 1 and 2.b shall be implemented

until relaxed by the Regional

Administrator, Region IV.

5. Requests for approval of the

auditor, audit plan, training plan, and

for changes of the approved auditor,

changes to the audit plan, and to reports

required to be submitted, shall be

submitted to the Regional

Administrator, Region IV, with a copy to

the Director, Office of Nuclear Materials

Safety and Safeguards.

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.

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,

Docketing and Service Section,

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 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 the Licensee. 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.

Pursuant to 10 CFR 2.202(c)(2)(i), any

person other than the Licensee,

adversely affected by the Order, may, in

addition to demanding a hearing, at the

time the answer is filed or sooner, move

the presiding officer to set aside the

immediate effectiveness of the Order on

the ground that the Order, including the

need for immediate effectiveness, is 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 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.
25696 Federal Register / Vol. 61, No. 100 / Wednesday, May 22, 1996 / Notices

Dated at Rockville, Maryland this 15th day

of May 1996.

James Lieberman,

Director, Office of Enforcement.

[FR Doc. 96–12810 Filed 5–21–96; 8:45 am]

BILLING CODE 7590–01–P

UNITED STATES NUCLEAR

REGULATORY COMMISSION

Biweekly Notice

Applications and Amendments to

Facility Operating Licenses Involving

No Significant Hazards Considerations

I. Background

Pursuant to Public Law 97-415, the

U.S. Nuclear Regulatory Commission

(the Commission or NRC staff) is

publishing this regular biweekly notice.

Public Law 97-415 revised section 189

of the Atomic Energy Act of 1954, as

amended (the Act), to require the

Commission to publish notice of any

amendments issued, or proposed to be

issued, under a new provision of section

189 of the Act. This provision grants the

Commission the authority to issue and

make immediately effective any

amendment to an operating license

upon a determination by the

Commission that such amendment

involves no significant hazards

consideration, notwithstanding the

pendency before the Commission of a

request for a hearing from any person.

This biweekly notice includes all

notices of amendments issued, or

proposed to be issued from April 27,

1996, through May 10, 1996. The last

biweekly notice was published on May

8, 1996 (61 FR 20842).

Notice Of Consideration Of Issuance Of

Amendments To Facility Operating

Licenses, Proposed No Significant

Hazards Consideration Determination,

And Opportunity For A Hearing

The Commission has made a

proposed determination that the

following amendment requests involve

no significant hazards consideration.

Under the Commission’s regulations in

10 CFR 50.92, this means that operation

of the facility in accordance with the

proposed amendment would not (1)

involve a significant increase in the

probability or consequences of an

accident previously evaluated; or (2)

create the possibility of a new or

different kind of accident from any

accident previously evaluated; or (3)

involve a significant reduction in a

margin of safety. The basis for this

proposed determination for each

amendment request is shown below.

The Commission is seeking public

comments on this proposed

determination. Any comments received

within 30 days after the date of

publication of this notice will be

considered in making any final

determination.

Normally, the Commission will not

issue the amendment until the

expiration of the 30-day notice period.

However, should circumstances change

during the notice period such that

failure to act in a timely way would

result, for example, in derating or

shutdown of the facility, the

Commission may issue the license

amendment before the expiration of the

30-day notice period, provided that its

final determination is that the

amendment involves no significant

hazards consideration. The final

determination will consider all public

and State comments received before

action is taken. Should the Commission

take this action, it will publish in the

Federal Register a notice of issuance

and provide for opportunity for a

hearing after issuance. The Commission

expects that the need to take this action

will occur very infrequently.

Written comments may be submitted

by mail to the Chief, Rules Review and

Directives Branch, Division of Freedom

of Information and Publications

Services, Office of Administration, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555-0001, and

should cite the publication date and

page number of this Federal Register

notice. Written comments may also be

delivered to Room 6D22, Two White

Flint North, 11545 Rockville Pike,

Rockville, Maryland from 7:30 a.m. to

4:15 p.m. Federal workdays. Copies of

written comments received may be

examined at the NRC Public Document

Room, the Gelman Building, 2120 L

Street, NW., Washington, DC. The filing

of requests for a hearing and petitions

for leave to intervene is discussed

below.

By June 21, 1996, the licensee may

file a request for a hearing with respect

to issuance of the amendment to the

subject facility operating license and

any person whose interest may be

affected by this proceeding and who

wishes to participate as a party in the

proceeding must file a written request

for a hearing and a petition for leave to

intervene. Requests for a hearing and a

petition for leave to intervene shall be

filed in accordance with the

Commission’s ‘‘Rules of Practice for

Domestic Licensing Proceedings’’ in 10

CFR Part 2. Interested persons should

consult a current copy of 10 CFR 2.714

which is available at the Commission’s

Public Document Room, the Gelman

Building, 2120 L Street, NW.,

Washington, DC and at the local public

document room for the particular

facility involved. If a request for a

hearing or petition for leave to intervene

is filed by the above date, the

Commission or an Atomic Safety and

Licensing Board, designated by the

Commission or by the Chairman of the

Atomic Safety and Licensing Board

Panel, will rule on the request and/or

petition; and the Secretary or the

designated Atomic Safety and Licensing

Board will issue a notice of a hearing or

an appropriate order.

As required by 10 CFR 2.714, a

petition for leave to intervene shall set

forth with particularity the interest of

the petitioner in the proceeding, and

how that interest may be affected by the

results of the proceeding. The petition

should specifically explain the reasons

why intervention should be permitted

with particular reference to the

following factors: (1) the nature of the

petitioner’s right under the Act to be

made a party to the proceeding; (2) the

nature and extent of the petitioner’s

property, financial, or other interest in

the proceeding; and (3) the possible

effect of any order which may be

entered in the proceeding on the

petitioner’s interest. The petition should

also identify the specific aspect(s) of the

subject matter of the proceeding as to

which petitioner wishes to intervene.

Any person who has filed a petition for

leave to intervene or who has been

admitted as a party may amend the

petition without requesting leave of the

Board up to 15 days prior to the first

prehearing conference scheduled in the

proceeding, but such an amended

petition must satisfy the specificity

requirements described above.

Not later than 15 days prior to the first

prehearing conference scheduled in the

proceeding, a petitioner shall file a

supplement to the petition to intervene

which must include a list of the

contentions which are sought to be

litigated in the matter. Each contention

must consist of a specific statement of

the issue of law or fact to be raised or

controverted. In addition, the petitioner

shall provide a brief explanation of the

bases of the contention and a concise

statement of the alleged facts or expert

opinion which support the contention

and on which the petitioner intends to

rely in proving the contention at the

hearing. The petitioner must also

provide references to those specific

sources and documents of which the

petitioner is aware and on which the

petitioner intends to rely to establish

those facts or expert opinion. Petitioner

must provide sufficient information to

show that a genuine dispute exists with