[Federal Register Volume 90, Number 91 (Tuesday, May 13, 2025)]
[Notices]
[Pages 20322-20325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08403]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 30-37878; License No(s). 13-32725-01; EA-24-115; EAF-RIII-
2025-0068; NRC-2025-0081]
In the Matter of Patriot Engineering and Environmental, Inc.;
Confirmatory Order Modifying License
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
Confirmatory Order to Patriot Engineering and Environmental, Inc., to
memorialize the agreement reached during an alternative dispute
resolution mediation session held on February 18, 2025. The
Confirmatory Order contains commitments made to resolve three apparent
violations of NRC requirements relating to the loss and subsequent
recovery of portable moisture density gauge on November 15, 2023. The
commitments include actions by Patriot Engineering and Environmental,
Inc., to establish roles and responsibilities for site radiation safety
officers, develop and implement an inspection program of gauge users,
label gauges with licensee contact information, use tracking devices to
monitor the location of the gauges, and develop a training program for
gauge users and site radiation safety officers. The Confirmatory Order
is effective upon issuance.
DATES: The Confirmatory Order was issued on April 25, 2025.
ADDRESSES: Please refer to Docket ID NRC-2025-0081 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 https://www.regulations.gov and search for Docket ID NRC-2025-0081. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; 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 Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. The Confirmatory Order Related to
NRC Reactive Inspection Report No. 03037878/2023001 (DRSS)--Patriot
Engineering and Environmental, Inc., is available in ADAMS under
Accession No. ML25070A278.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Diana Betancourt-Roldan, Region III,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 630-810-4373; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the order is attached.
[[Page 20323]]
Dated: May 8, 2025.
For the Nuclear Regulatory Commission.
Mohammed Shuaibi,
Deputy Regional Administrator, Region III.
Attachment--In the Matter of Patriot Engineering and Environmental,
Inc.; Confirmatory Order Modifying License
I
Patriot Engineering and Environmental, Inc., (Patriot or the
licensee) is the holder of Nuclear Materials License No. 13-32725-
01, Amendment 9, issued on May 30, 2024, by the U.S. Nuclear
Regulatory Commission (NRC or Commission) pursuant to Part 30 of
Title 10 of the Code of Federal Regulations (10 CFR). The license
authorizes the operation of portable moisture/density gauges
containing licensed radioactive materials for measuring physical
properties of materials at temporary job sites in NRC jurisdiction
in accordance with conditions specified in the license. The licensee
has seven facilities located throughout the State of Indiana.
This Confirmatory Order is the result of an agreement reached
during an alternative dispute resolution (ADR) mediation session
conducted on February 18, 2025.
II
On December 14, 2023, an inspector from the NRC conducted a
reactive inspection at Patriot's Evansville, Indiana, facility and
at a temporary job site in Evansville, Indiana. The purpose of this
inspection was to review the circumstances, root and contributing
causes, and corrective actions for the loss and recovery of a
portable moisture density gauge containing regulated material, which
Patriot staff reported to the NRC on November 16, 2023.
On November 20, 2024, the NRC issued Inspection Report 03037878/
2023001 (DRSS) to Patriot (Agencywide Documents Access and
Management System (ADAMS) Accession No. ML24304A275), which
documented the identification of three apparent violations of NRC
requirements that were being considered for escalated enforcement
action in accordance with the NRC Enforcement Policy. The apparent
violations involved: (1) the failure to control and maintain
constant surveillance of a portable moisture density gauge as
required by 10 CFR 20.1802 after failing to secure it as required by
10 CFR 30.34(i); (2) the failure to secure this gauge from shifting
during transport as required by 10 CFR 71.5(a) and 49 CFR
173.448(a); and (3) the failure to lock the gauge or an outer
container when in transport, as required by Condition 17 of NRC
License No. 13-32725-01.
The NRC notified Patriot by letter dated November 20, 2024, of
the results of the inspection with an opportunity to: (1) provide a
response in writing, (2) attend a predecisional enforcement
conference or (3) participate in an ADR mediation session in an
effort to resolve this matter.
In response to the NRC's offer, Patriot requested the use of the
NRC's ADR process to resolve differences it had with the NRC. On
February 18, 2025, the NRC and Patriot met in an ADR session
mediated by a professional mediator, arranged through Cornell
University's Institute on Conflict Resolution. The ADR process is
one in which a neutral mediator, with no decision-making authority,
assists the parties in reaching an agreement on resolving any
differences regarding the dispute. This Confirmatory Order is issued
pursuant to the agreement reached during the ADR process.
III
During the ADR mediation session, Patriot and the NRC reached a
preliminary settlement agreement.
The NRC recognizes that immediately following the loss of the
gauge, Patriot took immediate corrective actions to attempt to
recover the gauge. Additional corrective actions included: (1)
conducting formal discussion of the incident and future prevention
with the technicians based at Patriot's Indianapolis, Indiana (IN),
Fort Wayne, IN, Lafayette, IN, Bloomington, IN, Evansville, IN, and
Terre Haute, IN locations; (2) sending a formal memorandum to all
site radiation safety officers (RSOs) highlighting the incident; and
(3) adding tracking mechanisms and labels with Patriot's contact
information to all gauges.
Therefore, the parties agree to the following terms and
conditions:
1. Within one year of the effective date of the Confirmatory
Order, the licensee shall establish roles and responsibilities for,
and designate, a site radiation safety officer (RSO) for each
facility listed on Patriot's license. The licensee shall also
designate a site RSO for each additional facility added to its
license, or due to turnover at an existing facility, within six
months. The licensee shall ensure each site RSO has completed RSO
training before executing site RSO duties.
2. Within one year of the effective date of the Confirmatory
Order, the licensee shall develop and implement an inspection
program of the job performance of each gauge user to ensure that the
Commission's regulations, license requirements, and the licensee's
operating and emergency procedures are followed. The inspection
program must be conducted by the corporate RSO or site RSOs, and
must:
a. Include observation of the performance of each active gauge
user during the actual conduct of licensed activities at an actual
temporary job site at intervals not to exceed one year. The
observations shall include at a minimum that the gauge is properly
secured when not in use and the gauge is controlled and under
constant surveillance when in use; and
b. Ensure that, if the corporate or site RSO is an active gauge
user, their inspection is performed by an individual with formal RSO
training.
The licensee shall attempt to perform these inspections
unannounced to the gauge user. The licensee shall also maintain
records of these inspections and practical examinations for five
years after the record is made. These records must include a list
showing the items checked, any non-compliances observed, and any
corrective actions taken. If the inspection is not performed
unannounced, the records must also include the reason why it could
not be performed unannounced.
3. Within one year of the effective date of the Confirmatory
Order, the licensee shall develop and implement a written procedure
for all gauge users to provide photographic evidence to the
corporate or site RSO that the gauge is properly secured prior to
being left unattended at temporary job sites or prior to transport.
This photographic evidence must include that:
a. The gauge or its case is locked to prevent unauthorized or
accidental removal of the sealed source from its shielded position;
and
b. The gauge and its case are adequately secured to prevent
shifting during normal transport conditions; and
c. The gauge is secured with a minimum of two independent
physical controls that form tangible barriers against unauthorized
removal, whenever the gauge is not under the control and constant
surveillance of the licensee.
The licensee shall maintain documentation of each confirmation
for one year after the record is made.
4. Within 90 days of the effective date of the Confirmatory
Order, the licensee shall affix a tracking device to monitor the
location of the gauges it currently owns. For each gauge it procures
subsequent to the effective date of the Confirmatory Order, the
licensee shall affix a tracking device prior to using the gauge in
the field. For each gauge it procures subsequent to the effective
date of the Confirmatory Order, the licensee shall maintain for five
years records demonstrating that tracking devices were installed
prior to use.
5. Within a year of the effective date of the Confirmatory
Order, the licensee shall develop a program for initial and annual
refresher training for all technicians and site RSOs, specifically
including suitably comprehensive discussion and evaluation of
requirements and methods for adequately securing portable gauges.
This program will be implemented beginning in calendar year 2026 and
will require each gauge user to demonstrate knowledge of the
licensee's training requirements by a practical examination at
intervals not to exceed one year. The licensee shall maintain for
five years records demonstrating that gauge users have completed
this training.
6. Within 18 months of the effective date of the Confirmatory
Order, the licensee shall require the corporate RSO to provide a
report of the audit results required by NRC regulations and this
Confirmatory Order as well as relevant industry operating experience
(as available) to the licensee's president and the internal safety
committee. A more succinct version of this report will also be
distributed to all Patriot employees. These reports will be provided
annually each year after the initial report. The licensee shall
maintain for five years records demonstrating that these reports
were issued.
7. Within six months of the effective date of the Confirmatory
Order, the licensee shall maintain legible stickers that include
corporate RSO and site RSO contact information on all gauge cases
and gauges. This will allow members of the public to contact the
licensee should a gauge be lost. If the corporate RSO or site RSO or
their contact information changes, the licensee
[[Page 20324]]
will update the stickers within 60 days of the change.
8. Within 3 years of the effective date of the Confirmatory
Order, the licensee shall complete an audit of its radiation safety
program conducted by an independent third party with experience
relevant to gauge safety and security. The audit shall include at a
minimum a review of the implementation of items 1-7 above and
include at least fifty percent of the facilities listed on the
license. The licensee shall maintain for five years records
demonstrating the completion of this audit. The licensee shall also
complete and maintain for five years a report detailing its
disposition of the audit recommendations.
Based on the completed actions and commitments described above
and the license modifications described in provisions 1-8 of Section
V below the NRC agrees not to pursue any further enforcement action
in connection with the apparent violations described in NRC's letter
dated November 20, 2024, and relating to Inspection Report 03037878/
2023001 (DRSS). The NRC will also refrain from taking enforcement
action for three years from the effective date of the Confirmatory
Order on any non-willful two barriers (i.e., 10 CFR 30.34(i))
violations with no actual consequences that the licensee identifies,
documents, and resolves on its own through implementation of the
requirements in the order. In further consideration of the
commitments delineated above, the NRC agrees to refrain from issuing
a notice of violation or proposing a civil penalty. However, the NRC
will consider this Confirmatory Order as an escalated enforcement
action.
This agreement is binding upon successors or assignees of
Patriot. The terms and conditions set forth herein shall accordingly
continue to apply to Patriot and survive any transfer of ownership
or license.
On March 25, 2025, Patriot consented to issuing this
Confirmatory Order with the commitments as described in Section V
below. Patriot further agreed that this Confirmatory Order is to be
effective upon issuance, the agreement memorialized in this
Confirmatory Order settles the matter between the parties, and that
Patriot has waived its right to a hearing.
IV
I find that Patriot's actions completed, as described in Section
III above, combined with the commitments as set forth in Section V
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 public health and
safety require that Patriot's commitments be confirmed by this
Confirmatory Order. Based on the above and Patriot's consent, this
Confirmatory Order is effective upon issuance.
One year after issuance of the Order and yearly thereafter until
completion of the commitments specified in Section V, Patriot is
required to notify the NRC in writing and summarize its actions.
V
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 20, 30, and
71, and 49 CFR part 173, it is hereby ordered, effective upon
issuance, that License No. 13-32725-01 is modified as follows:
1. Within one year of the effective date of the Confirmatory
Order, the licensee shall establish roles and responsibilities for,
and designate, a site RSO for each facility listed on Patriot's
license. The licensee shall also designate a site RSO for each
additional facility added to its license, or due to turnover at an
existing facility, within six months. The licensee shall ensure each
site RSO has completed RSO training before executing site RSO
duties.
2. Within one year of the effective date of the Confirmatory
Order, the licensee shall develop and implement an inspection
program of the job performance of each gauge user to ensure that the
Commission's regulations, license requirements, and the licensee's
operating and emergency procedures are followed. The inspection
program must be conducted by the corporate RSO or site RSOs, and
must:
a. Include observation of the performance of each active gauge
user during the actual conduct of licensed activities at an actual
temporary job site at intervals not to exceed one year. The
observations shall include at a minimum that the gauge is properly
secured when not in use and the gauge is controlled and under
constant surveillance when in use; and
b. Ensure that, if the corporate or site RSO is an active gauge
user, the inspection of their job performance is performed by an
individual with formal RSO training.
The licensee shall attempt to perform these inspections
unannounced to the gauge user. The licensee shall also maintain
records of these inspections and practical examinations for five
years after the record is made. These records must include a list
showing the items checked, any non-compliances observed, and any
corrective actions taken. If the inspection is not performed
unannounced, the records must also include the reason why it could
not be performed unannounced.
3. Within one year of the effective date of the Confirmatory
Order, the licensee shall develop, implement, and follow a written
procedure for all gauge users to provide photographic evidence to
the corporate or site RSO that the gauge is properly secured prior
to being left unattended at temporary job sites or prior to
transport. This photographic evidence must include that:
a. The gauge or its case is locked to prevent unauthorized or
accidental removal of the sealed source from its shielded position;
and
b. The gauge and its case are adequately secured to prevent
shifting during normal transport conditions; and
c. The gauge is secured with a minimum of two independent
physical controls that form tangible barriers against unauthorized
removal, whenever the gauge is not under the control and constant
surveillance of the licensee.
The licensee shall maintain documentation of each confirmation
for one year after the record is made.
4. Within 90 days of the effective date of the Confirmatory
Order, the licensee shall affix a tracking device to monitor the
location of the gauges it currently owns. For each gauge it procures
subsequent to the effective date of the Confirmatory Order, the
licensee shall affix a tracking device prior to using the gauge in
the field. For each gauge it procures subsequent to the effective
date of the Confirmatory Order, the licensee shall maintain for five
years records demonstrating that tracking devices were installed
prior to use.
5. Within a year of the effective date of the Confirmatory
Order, the licensee shall develop a program for initial and annual
refresher training for all technicians and site RSOs, specifically
including suitably comprehensive discussion of and evaluation on
requirements and methods for adequately securing portable gauges.
This program will be implemented beginning in calendar year 2026 and
will require each gauge user to demonstrate knowledge of the
licensee's training requirements by a practical examination at
intervals not to exceed one year. The licensee shall maintain for
five years records demonstrating that gauge users have completed
this training.
6. Within 18 months of the effective date of the Confirmatory
Order, the licensee shall require the corporate RSO to provide a
report of the audit results required by NRC regulations and this
Confirmatory Order as well as relevant industry operating experience
(as available) to the licensee's president and the internal safety
committee. A more succinct version of this report will also be
distributed to all Patriot employees. These reports will be provided
annually each year after the initial report. The licensee shall
maintain for five years records demonstrating that these reports
were issued.
7. Within six months of the effective date of the Confirmatory
Order, the licensee shall affix and maintain legible stickers that
include corporate RSO and site RSO contact information on all gauge
cases and gauges. This will allow members of the public to contact
the licensee should a gauge be lost. If the corporate RSO or site
RSO or their contact information changes, the licensee will update
the stickers within 60 days of the change.
8. Within 3 years of the effective date of the Confirmatory
Order, the licensee shall complete an audit of its radiation safety
program conducted by an independent third party with experience
relevant to gauge safety and security. The audit shall include at a
minimum a review of the implementation of items 1-7 above and
include at least fifty percent of the facilities listed on the
license. The licensee shall maintain for five years records
demonstrating the completion of this audit. The licensee shall also
complete and maintain for five years a report detailing its
disposition of the audit recommendations.
This agreement is binding upon successors and assignees of
Patriot Engineering and Environmental, Inc. The Deputy Regional
Administrator, Region III may, in writing, relax or rescind any of
the above conditions upon demonstration by Patriot or its successors
of good cause.
[[Page 20325]]
VI
In accordance with 10 CFR 2.202 and 10 CFR 2.309, any person
adversely affected by this Confirmatory Order, other than Patriot,
may request a hearing within thirty (30) calendar days of the date
of issuance of this Confirmatory 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, 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 (hereinafter
``petition''), and documents filed by interested governmental
entities participating under 10 CFR 2.315(c), must be filed in
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.
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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, unless an exemption permitting an alternative filing method,
as further discussed, is granted. Detailed guidance on electronic
submissions is located in the ``Guidance for Electronic Submissions
to the NRC'' (ADAMS Accession No. ML13031A056) and on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html.
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 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 https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID
certificate is obtained and a docket created, the participant must
submit adjudicatory documents in Portable Document Format. Guidance
on submissions is available on the NRC's public website at https://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. ET on
the due date. Upon receipt of a transmission, the E-Filing system
time-stamps the document and sends the submitter an email confirming
receipt of the document. The E-Filing system also distributes an
email 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 to 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 https://www.nrc.gov/site-help/e-submittals.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., ET, Monday through Friday,
except Federal 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 in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this
manner are responsible for serving their documents on all other
participants. Participants granted an exemption under 10 CFR
2.302(g)(2) must still meet the electronic formatting requirement in
10 CFR 2.302(g)(1), unless the participant also seeks and is granted
an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in
the NRC's electronic hearing docket, which is publicly available at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of
the presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing docket 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. 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 should not include copyrighted materials
in their submission.
The Commission will issue a notice or order granting or denying
a hearing request or intervention petition, designating the issues
for any hearing that will be held and designating the Presiding
Officer. A notice granting a hearing will be published in the
Federal Register and served on the parties to the hearing.
If a person other than Patriot requests a hearing, that person
shall set forth with particularity the manner in which his interest
is adversely affected by this Confirmatory Order and shall address
the criteria set forth in 10 CFR 2.309(d) and (f).
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 hearings. 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 V above shall be final 30 days from
the date of this Confirmatory 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.
For the Nuclear Regulatory Commission
/RA/
Mohammed A. Shuaibi,
Deputy Regional Administrator.
Dated this 25th day of April 2025
Attachments: As stated
Indiana Facilities Owned or Leased and Operated by Patriot Engineering
and Environmental, Inc., With Moisture Density Gauges
Patriot Engineering and Environmental, Inc., Docket Nos. 030-37878,
License Nos. 13-32725-01
Mr. Curtis Taylor, Corporate Safety Director/RSO, Patriot
Engineering and Environmental, Inc., 6150 East 75th Street,
Indianapolis, IN 46250
2006 S Yost Ave., Bloomington, Indiana 47403
3900 Industrial Blvd., Bloomington, Indiana 47403
601 E Sycamore St., Evansville, Indiana 47713
1000 Airport North Office Park, Fort Wayne, Indiana 46825
717C Farabee Ct., Lafayette, Indiana 47905
1359 N Aberdeen Ave., Terre Haute, Indiana 47804
[FR Doc. 2025-08403 Filed 5-12-25; 8:45 am]
BILLING CODE 7590-01-P