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47262 Federal Register / Vol. 70, No.

155 / Friday, August 12, 2005 / Notices

NATIONAL INDIAN GAMING The meeting location is the Big Sandy of 5 members, under a federally
COMMISSION Rancheria, Multi Purpose building at approved constitution. The Big Sandy
37387 Auberry Mission Road, Auberry Rancheria currently has a federally
Notice of Intent To Prepare an CA, 93602. approved tribal-state gaming compact
Environmental Impact Statement for The public scoping meeting will be with the State of California. The NIGC
the Proposed Big Sandy Casino and hosted by the NIGC, the BIA, and the will serve as lead agency for compliance
Resort Project, Fresno County, CA Big Sandy Rancheria of Mono Indians. with the National Environmental Policy
AGENCY: National Indian Gaming The meeting location is the Foothill Act (NEPA). The BIA, which will be
Commission (NIGC). Middle School, 29147 Auberry Rd, responsible for approving the lease, will
Prather, CA 93651, Multi-Purpose be a Cooperating Agency.
ACTION: Notice of Intent (NOI).
Room. Public Comment and Solicitation:
SUMMARY: In accordance with Section FOR FURTHER INFORMATION CONTACT: For Written comments pertaining to the
102(2)(C) of the National Environmental general information on NEPA review proposed action will be accepted
Policy Act (42 U.S.C. 4321 et seq.), the procedures or status of the NEPA throughout the EIS process. However, to
National Indian Gaming Commission review, contact the NIGC NEPA ensure proper consideration in
(NIGC), in cooperation with the Bureau Compliance Officer, 202–632–7003. preparation of the EIS, scoping
of Indian Affairs (BIA) and the Big SUPPLEMENTARY INFORMATION: The
comments should be received by
Sandy Rancheria of Mono Indians of NIGC’s proposed federal action is the September 23, 2005. The draft EIS
California (the ‘‘Big Sandy Rancheria’’), approval of a gaming management (DEIS) is planned for publication and
intends to gather information necessary contract between the Big Sandy distribution in the fall of 2006.
for preparing an Environmental Impact Individual commenters may request
Rancheria and QBS, LLC. The approval
Statement (EIS) for a proposed casino confidentiality. If you wish us to
of the gaming management contract
project to be located in Fresno County, withhold your name and/or address
would result in the development of a
California. The purpose of the proposed from public review or from disclosure
casino, resort hotel and supporting
action is to help address the socio- under the Freedom of Information Act,
facilities. The facility will be managed
economic needs of the Big Sandy you must state this prominently at the
by QBS, LLC on behalf of the Big Sandy
Rancheria. Details of the proposed beginning of your written comment.
Rancheria, pursuant to the terms of a
action and location are provided below Such requests will be honored to the
gaming management contract. The BIA’s
in the SUPPLEMENTARY INFORMATION extent allowed by law. Anonymous
proposed federal action is approval of a
section. Notice is hereby given that the comments will not, however, be
lease between the allottee and the tribe.
public scoping process has been The proposed project will be located considered. All submissions from
initiated to prepare an EIS that will in Fresno County, east of Friant, organizations or businesses, and from
address the impacts of and alternatives California, on undeveloped foothill individuals identifying themselves as
to the proposal. The purpose of the property comprising approximately 48 representatives or officials of
scoping process is to solicit public acres of allotted Indian land currently organizations or businesses, will be
comment regarding the full spectrum of held by the United States in trust for the made available for public inspection in
issues and concerns, including a beneficial interest of a member of the their entirety.
suitable range of alternatives, and the Big Sandy Band of Western Mono Authority: This notice is published in
nature and extent of potential Indians (the ‘‘Tribe’’). The Tribe and the accordance with section 1501.7 of the
environmental impacts and appropriate individual Indian allottee have executed Council on Environmental Quality
mitigation measures that should be Regulations (40 CFR parts 1500 through
and submitted for BIA approval a lease 1508) implementing the procedural
addressed in the EIS process. This agreement granting possession of the requirements of the National Environmental
notice also announces that separate property to the Tribe for gaming Policy Act of 1969, as amended (45 U.S.C.
scoping meetings for the public and purposes. Adjacent parcels may be used 4321 et seq.).
government agencies will be held for the from some infrastructure needs. The Dated: August 8, 2005.
proposed action. project will feature a 221-room multi- Philip N. Hogen,
DATES: The agency scoping meeting will level resort hotel with associated spa
Chairman.
be held on September 15, 2005, from 1 and pool. The project will also include
p.m. to 3 p.m. The public scoping [FR Doc. 05–16055 Filed 8–11–05; 8:45 am]
a conference facility, including meeting
meeting will also be held on September rooms and a business center. The Casino BILLING CODE 7565–01–U

15, 2005, from 6:30 p.m. to 8:30 p.m., will consist of 2,000 slots and 40 table
or until the last public comment is games. A multi-level parking structure
received. Written comments on the with approximately 2,500 stalls will be NATIONAL SCIENCE FOUNDATION
scope of the EIS should arrive by located adjacent to the Casino. In
September 23, 2005. Notice of Permits Issued Under the
addition, the project will include retail
Antarctic Conservation Act of 1978
ADDRESSES: Written comments on the shops, hotel administration offices, food
scope of the EIS should be addressed to: and beverage facilities, and other casino AGENCY: National Science Foundation.
NEPA Compliance Officer, National related operations. The project also ACTION: Notice of permits issued under
Indian Gaming Commission, 1441 L includes a 2,500 person outdoor the Antarctic Conservation Act of 1978,
Street, NW., Suite 9100, Washington DC amphitheater, to be utilized for concerts Public Law 95–541.
20005. Please include your name, return and other performances. The total
address, and the caption: ‘‘EIS Scoping building footprint is estimated at 1.3 SUMMARY: The National Science
Comments, Big Sandy Rancheria Casino million square feet. A reasonable range Foundation (NSF) is required to publish
and Resort Project’’, on the first page of of alternatives, including a no action notice of permits issued under the
your written comments. alternative, will be analyzed in the EIS. Antarctic Conservation Act of 1978.
The agency scoping meeting will be The Big Sandy Rancheria is a This is the required notice.
hosted by the NIGC, the BIA, and the federally recognized Indian tribe FOR FURTHER INFORMATION CONTACT:
Big Sandy Rancheria of Mono Indians. governed by a tribal council consisting Nadene G. Kennedy, Permit Office,

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Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Notices 47263

Office of Polar Programs, Rm. 755, made a final no significant hazards americium-241 (NRC-licensed
National Science Foundation, 4201 consideration determination in its radioactive material) was unaccounted
Wilson Boulevard, Arlington, VA 22230. Safety Evaluation dated June 24, 2005. for and considered stolen by an
SUPPLEMENTARY INFORMATION: On June Documents may be examined, and/or employee/authorized user, (namely, Mr.
24, 2005, the National Science copied for a fee, at the NRC’s Public Pitts) who was performing work at a
Foundation published a notice in the Document Room, located at One White temporary job site in Prince George’s
Federal Register of permit applications Flint North, Public File Area O1 County, Maryland. This nuclear gauge,
received. A permit was issued on F21,11555 Rockville Pike (first floor), along with other licensee property, was
August 5, 2005 to: Wayne Z. Rockville, Maryland. Publicly available last known to have been used by Mr.
Trivelpiece, Permit No. 2006–016. records will be accessible electronically Pitts on March 25, 2004. The gauge was
from the Agencywide Documents recovered in Bladensburg, Maryland by
Nadene G. Kennedy, Access and Management Systems police on April 15, 2004, in an
Permit Officer. (ADAMS) Public Electronic Reading apartment formerly occupied by Mr.
[FR Doc. 05–16024 Filed 8–11–05; 8:45 am] Room on the Internet at the NRC Web Pitts. Neither the licensee nor the police
BILLING CODE 7555–01–M site, http://www.nrc.gov/NRC/ADAMS/ were able to locate Mr. Pitts and an
index.html. Persons who do not have arrest warrant was issued regarding the
access to ADAMS or who encounter theft of company property that belonged
NUCLEAR REGULATORY problems in accessing the documents to Professional Inspection and Testing
COMMISSION located in ADAMS should contact the Services, Inc. As of the date of this
NRC Public Document Room Reference Order, Mr. Pitts remains a fugitive with
[Docket No. 50–301] staff by telephone at 1–800–397–4209, an outstanding arrest warrant.
301–415–4737 or by e-mail to The NRC Office of Investigations (OI)
Nuclear Management Company, LLC; pdr@nrc.gov. conducted an investigation into the
Notice of Issuance of Amendment to reported loss of the nuclear gauge. OI
Facility Operating License Dated at Rockville, Maryland, this 24th day Report No. 1–2004–027 was issued on
of June 2005.
February 9, 2005. Information
The U.S. Nuclear Regulatory For the Nuclear Regulatory Commission. developed during that investigation
Commission (Commission) has issued Harold K. Chernoff, verified that Mr. Pitts was authorized by
Amendment No. 225 to Facility Sr. Project Manager, Section 1, Project the Licensee to use their licensed
Operating License No. DPR–27 issued to Directorate III, Division of Licensing Project moisture/density gauges until April 2,
Nuclear Management Company, LLC Management, Office of Nuclear Reactor 2004, when his employment was
(the licensee), which modified the Point Regulation.
terminated by the Licensee. Based on
Beach Nuclear Plant (PBNP), Unit 2, [FR Doc. E5–4374 Filed 8–11–05; 8:45 am] the evidence developed during the
Final Safety Analysis Report to include BILLING CODE 7590–01–P investigation, the NRC concluded that
a reactor vessel head drop accident for Mr. Pitts possessed the nuclear gauge for
operation of the PBNP, Unit 2, located a period of approximately 13 days after
in Two Rivers, WI. The amendment is NUCLEAR REGULATORY April 2, 2004, when he was no longer
effective as of the date of issuance. COMMISSION employed by the Licensee and was not
The amendment authorized changes authorized by the Licensee nor licensed
[IA–05–031]
to the design basis and Final Safety by the NRC as required under 10 CFR
Analysis Report (FSAR) related to a In the Matter of Stanley Pitts; Order part 30. Additionally, Mr. Pitts did not
postulated reactor vessel head drop Prohibiting Involvement in NRC- maintain control of the nuclear gauge
accident in accordance with 10 CFR Licensed Activities (Effective resulting in the loss of NRC licensed
50.71(e). Immediately) radioactive material in the public
The application for the amendment domain for approximately twenty-one
complies with the standards and I days.
requirements of the Atomic Energy Act Stanley Pitts (Mr. Pitts) was formerly
of 1954, as amended (the Act), and the employed as a fully qualified technician III
Commission’s rules and regulations. and authorized nuclear gauge operator Based on the above, the NRC
The Commission has made appropriate by Professional Inspection and Testing concludes that Mr. Pitts, a former
findings as required by the Act and the Services, Inc. (Licensee) of employee of the Licensee, deliberately
Commission’s rules and regulations in Chambersburg, Pennsylvania. violated 10 CFR 30.3 when he
10 CFR Chapter I, which are set forth in Professional Inspection and Testing apparently had stolen and illegally
the license amendment. Services, Inc., holds License No. 37– possessed the portable gauging device
Notice of Consideration of Issuance of 28744–01 issued by the Nuclear containing licensed radioactive material
Amendment to Facility Operating Regulatory Commission pursuant to 10 that belonged to Professional Inspection
License and Opportunity for a Hearing CFR part 30 on August 4, 1999. The and Testing Services, Inc. 10 CFR 30.3
in connection with this action was license authorized the possession and requires that no person shall
published in the Federal Register on use of cesium-137 and americium-241 manufacture, produce, transfer, receive,
May 13, 2005 (70 FR 25621). sealed sources to be used in portable acquire, own, possess, or use byproduct
For further details with respect to this gauging devices in accordance with the material except as authorized in a
action see (1) the application for conditions specified therein. specific or general license. The NRC
amendment dated April 29, 2005, as must be able to rely on its licensees, and
supplemented by letters dated May 13, II employees of licensees, to comply with
May 19, June 1, June 4, June 9, June 20, On April 7, 2004, the Licensee NRC requirements, including the
and June 23, 2005, (2) Amendment No. reported to the NRC that a Troxler requirement that licensed material
225 to License No. DPR–301, and (3) the Model 3430 moisture/density gauge cannot be acquired, possessed or
Commission’s related Safety Evaluation (Serial No. 75–5183) containing 9 mCi transferred without a specific or general
dated June 24, 2005. The Commission of cesium-137 and 44 mCi of license. The deliberate violation of 10

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