[Federal Register Volume 84, Number 207 (Friday, October 25, 2019)]
[Notices]
[Pages 57494-57495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23315]


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NUCLEAR REGULATORY COMMISSION

[EA-17-175/EA-18-183; NRC-2019-0210]


In the Matter of Dead Ringer, LLC

AGENCY: Nuclear Regulatory Commission.

ACTION: Order; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
Order to Dead Ringer, LLC, imposing a civil penalty of $43,500. On 
August 8, 2019, the NRC issued a Notice of Violation and Proposed 
Imposition of Civil Penalty--$43,500 to Dead Ringer, LLC, for failing 
to comply with regulatory requirements regarding the import, 
possession, and distribution of gun sights containing radioactive 
material.

DATES: The Order imposing civil monetary penalty of $43,500 was issued 
on October 22, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0210 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 http://www.regulations.gov and search for Docket ID NRC-2019-0210. Address 
questions about dockets IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-99127; email: [email protected]. 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, 301-415-4737, or by email 
to [email protected]. The Order imposing civil monetary penalty is 
available in ADAMS under Accession No. ML19268A403.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Leelavathi Sreenivas, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
001; telephone: 301-287-9249, email: [email protected].

SUPPLEMENTARY INFORMATION: The text of the Order is attached.

    Dated at Rockville, Maryland, this 22nd day of October 2019.

    For the Nuclear Regulatory Commission.
George A. Wilson,
Director, Office of Enforcement.

Attachment--Order Imposing Civil Monetary Penalty

United States of America

Nuclear Regulatory Commission

In the Matter of: Dead Ringer, LLC, Rochester, NY.

EA-17-175
EA-18-183

Order Imposing Civil Monetary Penalty

I

    Dead Ringer, LLC (Dead Ringer) provides tactical optics and sights, 
hunting scopes and sights, as well as archery broadheads, sights and 
accessories. Dead Ringer is located in Rochester, New York.

II

    The U.S. Nuclear Regulatory Commission (NRC) initiated two separate 
investigations of Dead Ringer's activities on January 4, 2017, and 
January 19, 2018. The results of both investigations indicated that 
Dead Ringer had not conducted its activities in full compliance with 
the NRC's requirements associated with the initial transfer for sale or 
distribution of gun sights containing radioactive material (tritium). A 
written Notice of Violation and Proposed Imposition of Civil Penalty 
(Notice) was served upon Dead Ringer by letter dated August 8, 2019. 
The Notice states the nature of the violations, the provisions of the 
NRC's requirements that Dead Ringer violated, and the amount of the 
civil penalty proposed for the violations. As of the date of this 
Order, Dead Ringer has not responded to the Notice.

III

    The NRC staff has determined that the violations occurred as stated 
and that the civil penalty in the amount of $43,500 should be imposed. 
In reaching this determination, the NRC staff considered that Dead 
Ringer was informed on August 8, 2019, of the NRC's enforcement 
decision and forthcoming Notice, which were transmitted electronically, 
as well as via certified mail. Additionally, the NRC staff informed 
Dead Ringer on September 10, 2019, that an Order would be forthcoming 
if the civil penalty was not paid. To date, Dead Ringer has not taken 
any action to address the Notice and proposed imposition of civil 
penalty.

IV

    In view of the foregoing and pursuant to Section 234 of the Atomic 
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and Title 10 of 
the Code of Federal Regulations (10 CFR), Part 2.205, It is hereby 
ordered that:
    Dead Ringer pay a civil penalty in the amount of $43,500 within 20 
days of the date of this Order. Payment is to be made in accordance 
with NUREG/BR-0254 ``Payment Methods'' (Enclosure 2). In addition, at 
the time payment is made, Dead Ringer shall submit a statement 
indicating when and by what method payment was made, to the Director, 
Office of Enforcement, U.S. Nuclear Regulatory Commission, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.
    In accordance with 10 CFR 2.202 and 10 CFR 2.309, Dead Ringer must, 
and any other person adversely affected by this Order may, submit a 
response within 20 days of the issuance date of this Order. In 
addition, Dead Ringer or any other person adversely affected by this 
Order may request a hearing within 20 days of the issuance date of this 
Order. Where good cause is shown, consideration will be given to 
extending the time to respond or request a hearing. A request for 
extension of time must be directed 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, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in

[[Page 57495]]

accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, 
as amended at 77 FR 46562; August 3, 2012). 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. Participants may not submit paper copies of their 
filings unless they seek an exemption in accordance with the procedures 
described below.
    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 [email protected], 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 http://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 http://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 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 http://www.nrc.gov/site-help/e-submittalsgetting-started.html, by email to [email protected], 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., Eastern Time, Monday through Friday, 
excluding 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 by: (1) First class mail 
addressed to the Office of the Secretary of the Commission, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemaking and Adjudications Staff; or (2) courier, express mail, or 
expedited delivery service to the Office of the Secretary, 11555 
Rockville Pike, Rockville, Maryland 20852. Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents in this 
manner are responsible for serving the document on all other 
participants. Filing is considered complete by first-class mail as of 
the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    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 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.
    If a person other than Dead Ringer requests a hearing, that person 
shall set forth with particularity the manner in which their interest 
is adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    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 issuance 
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.


    For the Nuclear Regulatory Commission

/RA/

George A. Wilson,
Director, Office of Enforcement

Dated this 22nd day of October, 2019.

[FR Doc. 2019-23315 Filed 10-24-19; 8:45 am]
 BILLING CODE 7590-01-P