[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