80 FR 53586 - U.S. Army Installation Command, Davy Crockett Depleted Uranium

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 172 (September 4, 2015)

Page Range		53586-53588
FR Document		2015-21933
The U.S. Nuclear Regulatory Commission (NRC) has received an application from the U.S. Army Installation Command (Army) to amend NRC Source Materials License No. SUC-1593 to incorporate the 15 sites listed in License Condition No. 12 into its license. The Army proposes to use a programmatic approach to license the 15 sites, which are located on multiple U.S. Army installations in the United States. In addition, the Army's license amendment application proposes to license sites located on the two U.S. Army installations that are located in Hawaii which are already licensed under Source Materials License No. SUC-1593.
Federal Register, Volume 80 Issue 172 (Friday, September 4, 2015)
[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Notices]
[Pages 53586-53588]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21933]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-1593; NRC-2015-0209]


U.S. Army Installation Command, Davy Crockett Depleted Uranium

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to request a hearing 
and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received an 
application from the U.S. Army Installation Command (Army) to amend NRC 
Source Materials License No. SUC-1593 to incorporate the 15 sites 
listed in License Condition No. 12 into its license. The Army proposes 
to use a programmatic approach to license the 15 sites, which are 
located on multiple U.S. Army installations in the United States. In 
addition, the Army's license amendment application proposes to license 
sites located on the two U.S. Army installations that are located in 
Hawaii which are already licensed under Source Materials License No. 
SUC-1593.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by November 3, 2015.

ADDRESSES: Please refer to Docket ID NRC-2015-0209 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0209. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it available in 
ADAMS) is provided the first time that a document is referenced. The 
license amendment request is available in ADAMS under Accession No. 
ML15161A454.
     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: Amy M. Snyder, Office of Nuclear 
Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555; telephone: 301-415-6822; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    By letter dated June 1, 2015, the Army submitted an application to 
amend Source Materials License No. SUC-1593 (ADAMS Accession No. 
ML13259A062) to the NRC (ADAMS Accession No. ML15161A454). The Army 
submitted this license amendment application to incorporate the 15 
sites listed in License Condition No. 12 into its license. The Army 
proposes to use a programmatic approach to license the 15 sites, which 
are located on multiple U.S. Army installations in the United States. 
In addition, the Army's license amendment application proposes to 
license sites located on the two U.S. Army installations that are 
located in Hawaii which are already licensed under Source Materials 
License No. SUC-1593. The 17 U.S. Army installations with sites that 
possess depleted uranium from the Davy Crockett M101 Spotting Rounds, 
as identified in the application, are located at: Forts Benning and 
Gordon (Georgia); Forts Campbell and Knox (Kentucky); Fort Carson 
(Colorado); Fort Hood (Texas); Joint Base Lewis-McChord and the Yakima 
Training Center (Washington); Fort Bragg (North Carolina); Fort Polk 
(Louisiana); Fort Sill (Oklahoma); Fort Jackson (South Carolina); Fort 
Hunter Liggett (California); Fort Greeley [Donnelly Training Area, Fort 
Wainwright AK] (Alaska); Fort Dix (New Jersey); Fort Riley (Kansas); 
and the Schofield Barracks and Pohakuloa Training Area (Oahu, HI and 
the Island of Hawaii, HI, respectively). This license application is 
for possession of depleted uranium (DU) due to the potential for 
residual DU to be at the specified Army Installation sites where 
testing of Davy Crockett M101 Spotting Round has occurred. The Army's 
application also proposes that its proposed programmatic Radiation 
Safety Plan, programmatic Physical Security Plan, and programmatic 
Environmental Radiation Monitoring Plan apply to all 17 sites and 
commits to preparing site-specific Environmental Radiation Monitoring 
Plans in accordance with the criteria contained in its programmatic 
Environmental Radiation Monitoring Plan.
    An NRC administrative review, documented in a letter to the U.S. 
Army Installation Command (ML15194A499), found that the Army's 
amendment application is acceptable for docketing. Before approving the 
license application, the NRC will need to make the findings required by 
the Atomic Energy Act of 1954, as amended, and the NRC's regulations. 
These findings will be documented in a Safety Evaluation Report. In 
addition, in accordance with the guidance in NUREG-1748, 
``Environmental Review Guidance for Licensing Actions Associated with 
Nuclear Materials Safety and Safeguards Programs,'' Appendix B (August 
2003), the NRC

[[Page 53587]]

staff has determined that the proposed action (i.e., to issue a license 
amendment to the Army for possession of depleted uranium from spent 
spotting rounds from the Davy Crockett weapon at the sites specified in 
the Army's application) qualifies for the categorical exclusion at 
Section 51.22(c)(14)(xv) of Title 10 of the Code of Federal Regulations 
(10 CFR).

II. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
person(s) whose interest may be affected by this action may file a 
request for a hearing and a petition to intervene with respect to 
issuance of the amendment to the subject facility operating license or 
combined license. Requests for a hearing and a petition for leave to 
intervene shall be filed in accordance with the Commission's ``Agency 
Rules of Practice and Procedure'' in 10 CFR part 2. Interested 
person(s) should consult a current copy of 10 CFR 2.309, which is 
available at the NRC's PDR, located in One White Flint North, Room O1-
F21 (first floor), 11555 Rockville Pike, Rockville, Maryland 20852. The 
NRC's regulations are accessible electronically from the NRC Library on 
the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. If a request for a hearing or petition for leave to intervene is 
filed within 60 days, the Commission or a presiding officer designated 
by the Commission or by the Chief Administrative Judge of the Atomic 
Safety and Licensing Board Panel will rule on the request and/or 
petition. The Secretary or the Chief Administrative Judge of the Atomic 
Safety and Licensing Board will issue a notice of hearing or an 
appropriate order.
    As required by 10 CFR 2.309, 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 general requirements: (1) the name, address, and telephone 
number of the requestor or petitioner; (2) the nature of the 
requestor's/petitioner's right under the Act to be made a party to the 
proceeding; (3) the nature and extent of the requestor's/petitioner's 
property, financial, or other interest in the proceeding; and (4) the 
possible effect of any decision or order which may be entered in the 
proceeding on the requestor's/petitioner's interest. The petition must 
also set forth the specific contentions which the requestor/petitioner 
seeks to have litigated at the proceeding.
    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 for the 
contention and a concise statement of the alleged facts or expert 
opinion that 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. The petition must 
include sufficient information to show that a genuine dispute exists 
concerning a material issue of law or fact. Contentions shall be 
limited to matters within the scope of the amendment under 
consideration. The contention must be one which, if proven, would 
entitle the petitioner to relief. A petitioner who fails to satisfy 
these requirements with respect to at least one contention will not be 
permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The Atomic 
Safety and Licensing Board will set the time and place for any 
prehearing conferences and evidentiary hearings, and the appropriate 
notices will be provided.
    Petitions for leave to intervene must be filed no later than 60 
days from the date of publication of this notice. Requests for hearing, 
petitions for leave to intervene, and motions for leave to file new or 
amended contentions that are filed after the 60-day deadline will not 
be entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i)-(iii).
    A State, local governmental body, federally-recognized Indian 
tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission by 
November 3, 2015. The petition must be filed in accordance with the 
filing instructions in the ``Electronic Submissions (E-Filing)'' 
section of this document, and should meet the requirements for 
petitions for leave to intervene set forth in this section, except that 
under Sec.  2.309(h)(2) a State, local governmental body, or Federally-
recognized Indian tribe, or agency thereof does not need to address the 
standing requirements in 10 CFR 2.309(d) if the facility is located 
within its boundaries. A State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may also have the 
opportunity to participate under 10 CFR 2.315(c).
    If a hearing is granted, any person who does not wish, or is not 
qualified, to become a party to the proceeding may, in the discretion 
of the presiding officer, be permitted to make a limited appearance 
pursuant to the provisions of 10 CFR 2.315(a). A person making a 
limited appearance may make an oral or written statement of position on 
the issues, but may not otherwise participate in the proceeding. A 
limited appearance may be made at any session of the hearing or at any 
prehearing conference, subject to the limits and conditions as may be 
imposed by the presiding officer. Persons desiring to make a limited 
appearance are requested to inform the Secretary of the Commission by 
November 3, 2015.

III. Electronic Submissions (E-Filing)

    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 accordance with the NRC's E-Filing rule (72 FR 49139; 
August 28, 2007). 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 
ten 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 request (1) a digital 
identification (ID) certificate, which allows the participant (or its 
counsel or representative) to digitally sign documents and access the 
E-Submittal

[[Page 53588]]

server for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (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 Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing 
the E-Submittal server are detailed in the NRC's ``Guidance for 
Electronic Submission,'' which is available on the agency's public Web 
site at http://www.nrc.gov/site-help/e-submittals.html. Participants 
may attempt to use other software not listed on the Web site, but 
should note that the NRC's E-Filing system does not support unlisted 
software, and the NRC Meta System Help Desk will not be able to offer 
assistance in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC's 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant can then submit a request for 
hearing or petition for leave to intervene. Submissions should be in 
Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the 
documents are 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 
documents on those participants separately. Therefore, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before a hearing request/petition 
to intervene is filed so that they can obtain access to the document 
via the E-Filing system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC's public 
Web site at http://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 Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a 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 
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, Sixteenth 
Floor, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland, 20852, Attention: Rulemaking and Adjudications Staff. 
Participants filing a document 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 
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 
However, a request to intervene will require including information on 
local residence in order to demonstrate a proximity assertion of 
interest in the proceeding. 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.

    Dated at Rockville, Maryland, this 25th day of August 2015.

    For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Division of Decommissioning, Uranium Recovery, and 
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-21933 Filed 9-3-15; 8:45 am]
BILLING CODE 7590-01-P
Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / Notices 53587

staff has determined that the proposed contentions which the requestor/ with the filing instructions in the
action (i.e., to issue a license petitioner seeks to have litigated at the ‘‘Electronic Submissions (E-Filing)’’
amendment to the Army for possession proceeding. section of this document, and should
of depleted uranium from spent spotting Each contention must consist of a meet the requirements for petitions for
rounds from the Davy Crockett weapon specific statement of the issue of law or leave to intervene set forth in this
at the sites specified in the Army’s fact to be raised or controverted. In section, except that under § 2.309(h)(2)
application) qualifies for the categorical addition, the petitioner shall provide a a State, local governmental body, or
exclusion at Section 51.22(c)(14)(xv) of brief explanation of the bases for the Federally-recognized Indian tribe, or
Title 10 of the Code of Federal contention and a concise statement of agency thereof does not need to address
Regulations (10 CFR). the alleged facts or expert opinion that the standing requirements in 10 CFR
support the contention and on which 2.309(d) if the facility is located within
II. Opportunity To Request a Hearing the petitioner intends to rely in proving its boundaries. A State, local
and Petition for Leave To Intervene the contention at the hearing. The governmental body, Federally-
Within 60 days after the date of petitioner must also provide references recognized Indian Tribe, or agency
publication of this notice, any person(s) to those specific sources and documents thereof may also have the opportunity to
whose interest may be affected by this of which the petitioner is aware and on participate under 10 CFR 2.315(c).
action may file a request for a hearing which the petitioner intends to rely to If a hearing is granted, any person
and a petition to intervene with respect establish those facts or expert opinion. who does not wish, or is not qualified,
to issuance of the amendment to the The petition must include sufficient to become a party to the proceeding
subject facility operating license or information to show that a genuine may, in the discretion of the presiding
combined license. Requests for a dispute exists concerning a material officer, be permitted to make a limited
hearing and a petition for leave to issue of law or fact. Contentions shall be appearance pursuant to the provisions
intervene shall be filed in accordance limited to matters within the scope of of 10 CFR 2.315(a). A person making a
with the Commission’s ‘‘Agency Rules the amendment under consideration. limited appearance may make an oral or
of Practice and Procedure’’ in 10 CFR The contention must be one which, if written statement of position on the
part 2. Interested person(s) should proven, would entitle the petitioner to issues, but may not otherwise
consult a current copy of 10 CFR 2.309, relief. A petitioner who fails to satisfy participate in the proceeding. A limited
which is available at the NRC’s PDR, these requirements with respect to at appearance may be made at any session
located in One White Flint North, Room least one contention will not be of the hearing or at any prehearing
O1–F21 (first floor), 11555 Rockville permitted to participate as a party. conference, subject to the limits and
Pike, Rockville, Maryland 20852. The Those permitted to intervene become conditions as may be imposed by the
NRC’s regulations are accessible parties to the proceeding, subject to any presiding officer. Persons desiring to
electronically from the NRC Library on limitations in the order granting leave to make a limited appearance are
the NRC’s Web site at http:// intervene, and have the opportunity to requested to inform the Secretary of the
www.nrc.gov/reading-rm/doc- participate fully in the conduct of the Commission by November 3, 2015.
collections/cfr/. If a request for a hearing hearing with respect to resolution of
or petition for leave to intervene is filed that person’s admitted contentions, III. Electronic Submissions (E-Filing)
within 60 days, the Commission or a including the opportunity to present All documents filed in NRC
presiding officer designated by the evidence and to submit a cross- adjudicatory proceedings, including a
Commission or by the Chief examination plan for cross-examination request for hearing, a petition for leave
Administrative Judge of the Atomic of witnesses, consistent with NRC to intervene, any motion or other
Safety and Licensing Board Panel will regulations, policies, and procedures. document filed in the proceeding prior
rule on the request and/or petition. The The Atomic Safety and Licensing Board to the submission of a request for
Secretary or the Chief Administrative will set the time and place for any hearing or petition to intervene, and
Judge of the Atomic Safety and prehearing conferences and evidentiary documents filed by interested
Licensing Board will issue a notice of hearings, and the appropriate notices governmental entities participating
hearing or an appropriate order. will be provided. under 10 CFR 2.315(c), must be filed in
As required by 10 CFR 2.309, a Petitions for leave to intervene must accordance with the NRC’s E-Filing rule
petition for leave to intervene shall set be filed no later than 60 days from the (72 FR 49139; August 28, 2007). The E-
forth, with particularity, the interest of date of publication of this notice. Filing process requires participants to
the petitioner in the proceeding and Requests for hearing, petitions for leave submit and serve all adjudicatory
how that interest may be affected by the to intervene, and motions for leave to documents over the Internet, or in some
results of the proceeding. The petition file new or amended contentions that cases to mail copies on electronic
should specifically explain the reasons are filed after the 60-day deadline will storage media. Participants may not
why intervention should be permitted, not be entertained absent a submit paper copies of their filings
with particular reference to the determination by the presiding officer unless they seek an exemption in
following general requirements: (1) the that the filing demonstrates good cause accordance with the procedures
name, address, and telephone number of by satisfying the three factors in 10 CFR described below.
the requestor or petitioner; (2) the 2.309(c)(1)(i)–(iii). To comply with the procedural
nature of the requestor’s/petitioner’s A State, local governmental body, requirements of E-Filing, at least ten 10
right under the Act to be made a party federally-recognized Indian tribe, or days prior to the filing deadline, the
mstockstill on DSK4VPTVN1PROD with NOTICES

to the proceeding; (3) the nature and agency thereof, may submit a petition to participant should contact the Office of
extent of the requestor’s/petitioner’s the Commission to participate as a party the Secretary by email at
property, financial, or other interest in under 10 CFR 2.309(h)(1). The petition hearing.docket@nrc.gov, or by telephone
the proceeding; and (4) the possible should state the nature and extent of the at 301–415–1677, to request (1) a digital
effect of any decision or order which petitioner’s interest in the proceeding. identification (ID) certificate, which
may be entered in the proceeding on the The petition should be submitted to the allows the participant (or its counsel or
requestor’s/petitioner’s interest. The Commission by November 3, 2015. The representative) to digitally sign
petition must also set forth the specific petition must be filed in accordance documents and access the E-Submittal

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Document Created: 2015-12-15 09:58:39
Document Modified: 2015-12-15 09:58:39
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		License amendment application; opportunity to request a hearing and to petition for leave to intervene.
Dates		A request for a hearing or petition for leave to intervene must be filed by November 3, 2015.
Contact		Amy M. Snyder, Office of Nuclear Materials Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301-415-6822; email: [email protected]
FR Citation		80 FR 53586