82_FR_10057 82 FR 10031 - Source Materials License No. SUC-1593, Amendment 2, Davy Crockett Depleted Uranium at Various United States Army Installations

82 FR 10031 - Source Materials License No. SUC-1593, Amendment 2, Davy Crockett Depleted Uranium at Various United States Army Installations

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 26 (February 9, 2017)

Page Range10031-10033
FR Document2017-02678

The U.S. Nuclear Regulatory Commission (NRC) is issuing an amendment to Source Materials License No. SUC-1593, issued to the U.S. Army Installation Command (Army). The Army submitted site-specific Environmental Radiation Monitoring Plans (ERMPs) and site-specific dose modeling that are consistent with the programmatic ERMP and the dose modeling methodology approved by License Amendment 1. All site-specific ERMPs meet license conditions (LCs) 18 and 19. License condition 18 was modified indicating that each site-specific ERMP shall be fully implemented within 6 months of approval of License Amendment 2 and LC 19 was deleted because the Army's submittal met this LC. The programmatic ERMP, dated September 15, 2016, was determined to be identical to the approved programmatic ERMP except for the removal of RESRAD environmental default parameters and has been incorporated into the license by reference.

Federal Register, Volume 82 Issue 26 (Thursday, February 9, 2017)
[Federal Register Volume 82, Number 26 (Thursday, February 9, 2017)]
[Notices]
[Pages 10031-10033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02678]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-9083; NRC-2017-0036]


Source Materials License No. SUC-1593, Amendment 2, Davy Crockett 
Depleted Uranium at Various United States Army Installations

AGENCY: Nuclear Regulatory Commission.

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

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
amendment to Source Materials License No. SUC-1593, issued to the U.S. 
Army Installation Command (Army). The Army submitted site-specific 
Environmental Radiation Monitoring Plans (ERMPs) and site-specific dose 
modeling that are consistent with the programmatic ERMP and the dose 
modeling methodology approved by License Amendment 1. All site-specific 
ERMPs meet license conditions (LCs) 18 and 19. License condition 18 was 
modified indicating that each site-specific ERMP shall be fully 
implemented within 6 months of approval of License Amendment 2 and LC 
19 was deleted because the Army's submittal met this LC. The 
programmatic ERMP, dated September 15, 2016, was determined to be 
identical to the approved programmatic ERMP except for the removal of 
RESRAD environmental default parameters and has been incorporated into 
the license by reference.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by April 10, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0036 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-2017-0036. 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 in this document 
(If that document is available in ADAMS) is provided the first time 
that a document is referenced.
     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 Snyder, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 301-415-6822, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    In a letter dated September 15, 2016 (ADAMS Accession No. 
ML16265A221), the Army submitted documents as required by License 
Conditions (LCs) 18 and 19 of Source Materials License No. SUC-1593, 
Amendment 1 (ADAMS Accession No. ML16039A234) to the NRC. The NRC 
reviewed the Army's submittal in support of LC 18, and found that each 
site-specific environmental radiation monitoring plan (ERMP) is 
consistent with the previously approved programmatic approach for 
preparation of site-specific ERMPs. Therefore, the NRC determined that 
these plans are acceptable. Also, in support of LC 19, the NRC verified 
that the Army provided site-specific dose assessments for each 
Radiation Control Area (RCA) demonstrating that doses from each RCA did 
not exceed 1.0 x 10-2 mSv/yr (1.0 mrem/yr) TEDE.
    Two unsolicited comment letters (ADAMS Accession No. ML17010A188) 
on the submittal for the Pohakuloa radiological control areas were 
received. These letters and were considered by the NRC staff in this 
licensing action.
    As a result, the NRC approved the site-specific ERMPs and amended 
the license to incorporate the site-specific ERMPs; modified the 
license to incorporate the September 15, 2016 Programmatic ERMP; 
modified LC 18 to state that within 6 months from the effective date of 
License Amendment 2, the Army shall fully implement each installation's 
site-specific ERMPs; and deleted LC 19 from the license.
    For further details with respect to this action, see the 
application for

[[Page 10032]]

amendment dated September 15, 2016 (ADAMS Accession No. ML16265A221).

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

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. 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/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and telephone number of the 
petitioner; (2) the nature of the petitioner's right under the Act to 
be made a party to the proceeding; (3) the nature and extent of the 
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 petitioner's interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in 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 must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which 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 the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) 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. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the 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) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    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 April 
10, 2017. 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 set forth 
in this section. Alternatively, a State, local governmental body, 
Federally-recognized Indian Tribe, or agency thereof may participate as 
a non-party under 10 CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
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 
his or her 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. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), 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 that request to 
participate 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. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. 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 Web site 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 Web site at http://www.nrc.gov/

[[Page 10033]]

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 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 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 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 
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.

    Dated at Rockville, Maryland, this 2nd day of February 2017.

    For the Nuclear Regulatory Commission.
Theodore Smith,
Branch Chief (Acting), Material Decommissioning Branch, Division of 
Decommissioning, Uranium Recovery, and Waste Programs, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 2017-02678 Filed 2-8-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                                            Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices                                            10031

                                                   5. How often the collection is required              NUCLEAR REGULATORY                                    adams.html. To begin the search, select
                                                or requested: Applications for new                      COMMISSION                                            ‘‘ADAMS Public Documents’’ and then
                                                licenses and amendments may be                                                                                select ‘‘Begin Web-based ADAMS
                                                                                                        [Docket No. 40–9083; NRC–2017–0036]
                                                submitted at any time (on occasion).                                                                          Search.’’ For problems with ADAMS,
                                                Applications for renewal are submitted                  Source Materials License No. SUC–                     please contact the NRC’s Public
                                                every 10 years. Reports are submitted as                1593, Amendment 2, Davy Crockett                      Document Room (PDR) reference staff at
                                                events occur.                                           Depleted Uranium at Various United                    1–800–397–4209, 301–415–4737, or by
                                                                                                        States Army Installations                             email to pdr.resource@nrc.gov. The
                                                   6. Who will be required or asked to                                                                        ADAMS accession number for each
                                                respond: Applicants for and holders of                  AGENCY:  Nuclear Regulatory                           document referenced in this document
                                                specific licenses authorizing the use of                Commission.                                           (If that document is available in
                                                licensed radioactive material for                       ACTION: License amendment; issuance;                  ADAMS) is provided the first time that
                                                radiography.                                            opportunity to request a hearing and to               a document is referenced.
                                                   7. The estimated number of annual                    petition for leave to intervene.                         • NRC’s PDR: You may examine and
                                                responses: 2,226.                                                                                             purchase copies of public documents at
                                                                                                        SUMMARY:   The U.S. Nuclear Regulatory                the NRC’s PDR, Room O1–F21, One
                                                   8. The estimated number of annual                    Commission (NRC) is issuing an                        White Flint North, 11555 Rockville
                                                respondents: 200.                                       amendment to Source Materials License                 Pike, Rockville, Maryland 20852.
                                                   9. The estimated number of hours                     No. SUC–1593, issued to the U.S. Army                 FOR FURTHER INFORMATION CONTACT:
                                                needed annually to comply with the                      Installation Command (Army). The                      Amy Snyder, Office of Nuclear Material
                                                information collection requirement or                   Army submitted site-specific                          Safety and Safeguards, U.S. Nuclear
                                                request: 43,331.                                        Environmental Radiation Monitoring                    Regulatory Commission, Washington,
                                                   10. Abstract: Part 39 of title 10 of the             Plans (ERMPs) and site-specific dose                  DC 20555–0001; telephone: 301–415–
                                                Code of Federal Regulations (10 CFR),                   modeling that are consistent with the                 6822, email: Amy.Snyder@nrc.gov.
                                                establishes radiation safety                            programmatic ERMP and the dose
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                                                                        modeling methodology approved by
                                                requirements for the use of radioactive
                                                                                                        License Amendment 1. All site-specific                I. Introduction
                                                material for well logging. The
                                                                                                        ERMPs meet license conditions (LCs) 18                   In a letter dated September 15, 2016
                                                information in the applications, reports                and 19. License condition 18 was
                                                and records is used by the NRC staff to                                                                       (ADAMS Accession No. ML16265A221),
                                                                                                        modified indicating that each site-                   the Army submitted documents as
                                                ensure that the health and safety of the                specific ERMP shall be fully
                                                public is protected and that licensee                                                                         required by License Conditions (LCs) 18
                                                                                                        implemented within 6 months of                        and 19 of Source Materials License No.
                                                possession and use of source and                        approval of License Amendment 2 and
                                                byproduct material is in compliance                                                                           SUC–1593, Amendment 1 (ADAMS
                                                                                                        LC 19 was deleted because the Army’s                  Accession No. ML16039A234) to the
                                                with license and regulatory                             submittal met this LC. The                            NRC. The NRC reviewed the Army’s
                                                requirements.                                           programmatic ERMP, dated September                    submittal in support of LC 18, and
                                                III. Specific Requests for Comments                     15, 2016, was determined to be identical              found that each site-specific
                                                                                                        to the approved programmatic ERMP                     environmental radiation monitoring
                                                  The NRC is seeking comments that                      except for the removal of RESRAD                      plan (ERMP) is consistent with the
                                                address the following questions:                        environmental default parameters and                  previously approved programmatic
                                                                                                        has been incorporated into the license                approach for preparation of site-specific
                                                  1. Is the proposed collection of
                                                                                                        by reference.                                         ERMPs. Therefore, the NRC determined
                                                information necessary for the NRC to
                                                                                                        DATES: A request for a hearing or                     that these plans are acceptable. Also, in
                                                properly perform its functions? Does the
                                                information have practical utility?                     petition for leave to intervene must be               support of LC 19, the NRC verified that
                                                                                                        filed by April 10, 2017.                              the Army provided site-specific dose
                                                  2. Is the estimate of the burden of the               ADDRESSES: Please refer to Docket ID                  assessments for each Radiation Control
                                                information collection accurate?                        NRC–2017–0036 when contacting the                     Area (RCA) demonstrating that doses
                                                  3. Is there a way to enhance the                      NRC about the availability of                         from each RCA did not exceed 1.0 ×
                                                quality, utility, and clarity of the                    information regarding this document.                  10¥2 mSv/yr (1.0 mrem/yr) TEDE.
                                                information to be collected?                            You may obtain publicly-available                        Two unsolicited comment letters
                                                  4. How can the burden of the                          information related to this document                  (ADAMS Accession No. ML17010A188)
                                                information collection on respondents                   using any of the following methods:                   on the submittal for the Pohakuloa
                                                be minimized, including the use of                         • Federal Rulemaking Web site: Go to               radiological control areas were received.
                                                                                                        http://www.regulations.gov and search                 These letters and were considered by
                                                automated collection techniques or
                                                                                                        for Docket ID NRC–2017–0036. Address                  the NRC staff in this licensing action.
                                                other forms of information technology?
                                                                                                        questions about NRC dockets to Carol                     As a result, the NRC approved the
                                                  Dated at Rockville, Maryland, this 6th day            Gallagher; telephone: 301–415–3463;                   site-specific ERMPs and amended the
                                                of February, 2017.                                      email: Carol.Gallagher@nrc.gov. For                   license to incorporate the site-specific
                                                  For the Nuclear Regulatory Commission.                technical questions, contact the                      ERMPs; modified the license to
                                                David Cullison,                                         individual listed in the FOR FURTHER                  incorporate the September 15, 2016
                                                                                                        INFORMATION CONTACT section of this                   Programmatic ERMP; modified LC 18 to
sradovich on DSK3GMQ082PROD with NOTICES




                                                NRC Clearance Officer, Office of the Chief
                                                Information Officer.                                    document.                                             state that within 6 months from the
                                                [FR Doc. 2017–02709 Filed 2–8–17; 8:45 am]
                                                                                                           • NRC’s Agencywide Documents                       effective date of License Amendment 2,
                                                                                                        Access and Management System                          the Army shall fully implement each
                                                BILLING CODE 7590–01–P
                                                                                                        (ADAMS): You may obtain publicly                      installation’s site-specific ERMPs; and
                                                                                                        available documents online in the                     deleted LC 19 from the license.
                                                                                                        ADAMS Public Documents collection at                     For further details with respect to this
                                                                                                        http://www.nrc.gov/reading-rm/                        action, see the application for


                                           VerDate Sep<11>2014   18:11 Feb 08, 2017   Jkt 241001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\09FEN1.SGM   09FEN1


                                                10032                       Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices

                                                amendment dated September 15, 2016                      the proceeding. The contention must be                the presiding officer if such sessions are
                                                (ADAMS Accession No. ML16265A221).                      one which, if proven, would entitle the               scheduled.
                                                                                                        petitioner to relief. A petitioner who
                                                II. Opportunity To Request a Hearing                                                                          III. Electronic Submissions (E-Filing)
                                                                                                        fails to satisfy the requirements at 10
                                                and Petition for Leave To Intervene                                                                              All documents filed in NRC
                                                                                                        CFR 2.309(f) with respect to at least one
                                                   Within 60 days after the date of                     contention will not be permitted to                   adjudicatory proceedings, including a
                                                publication of this notice, any persons                 participate as a party.                               request for hearing and petition for
                                                (petitioner) whose interest may be                         Those permitted to intervene become                leave to intervene (petition), any motion
                                                affected by this action may file a request              parties to the proceeding, subject to any             or other document filed in the
                                                for a hearing and petition for leave to                 limitations in the order granting leave to            proceeding prior to the submission of a
                                                intervene (petition) with respect to the                intervene. Parties have the opportunity               request for hearing or petition to
                                                action. Petitions shall be filed in                     to participate fully in the conduct of the            intervene, and documents filed by
                                                accordance with the Commission’s                        hearing with respect to resolution of                 interested governmental entities that
                                                ‘‘Agency Rules of Practice and                          that party’s admitted contentions,                    request to participate under 10 CFR
                                                Procedure’’ in 10 CFR part 2. Interested                including the opportunity to present                  2.315(c), must be filed in accordance
                                                persons should consult a current copy                   evidence, consistent with the NRC’s                   with the NRC’s E-Filing rule (72 FR
                                                of 10 CFR 2.309. The NRC’s regulations                  regulations, policies, and procedures.                49139; August 28, 2007, as amended at
                                                are accessible electronically from the                     Petitions must be filed no later than              77 FR 46562, August 3, 2012). The E-
                                                NRC Library on the NRC’s Web site at                                                                          Filing process requires participants to
                                                                                                        60 days from the date of publication of
                                                http://www.nrc.gov/reading-rm/doc-                                                                            submit and serve all adjudicatory
                                                                                                        this notice. Petitions and motions for
                                                collections/cfr/. Alternatively, a copy of                                                                    documents over the internet, or in some
                                                                                                        leave to file new or amended
                                                the regulations is available at the NRC’s                                                                     cases to mail copies on electronic
                                                                                                        contentions that are filed after the
                                                Public Document Room, located at One                                                                          storage media. Detailed guidance on
                                                                                                        deadline will not be entertained absent
                                                White Flint North, Room O1–F21, 11555                                                                         making electronic submissions may be
                                                                                                        a determination by the presiding officer
                                                Rockville Pike (first floor), Rockville,                                                                      found in the Guidance for Electronic
                                                                                                        that the filing demonstrates good cause
                                                Maryland 20852. If a petition is filed,                                                                       Submissions to the NRC and on the NRC
                                                                                                        by satisfying the three factors in 10 CFR
                                                the Commission or a presiding officer                                                                         Web site at http://www.nrc.gov/site-
                                                                                                        2.309(c)(1)(i) through (iii). The petition
                                                will rule on the petition and, if                                                                             help/e-submittals.html. Participants
                                                                                                        must be filed in accordance with the                  may not submit paper copies of their
                                                appropriate, a notice of a hearing will be
                                                issued.                                                 filing instructions in the ‘‘Electronic               filings unless they seek an exemption in
                                                   As required by 10 CFR 2.309(d) the                   Submissions (E-Filing)’’ section of this              accordance with the procedures
                                                petition should specifically explain the                document.                                             described below.
                                                reasons why intervention should be                         A State, local governmental body,                     To comply with the procedural
                                                permitted with particular reference to                  Federally-recognized Indian Tribe, or                 requirements of E-Filing, at least 10
                                                the following general requirements for                  agency thereof, may submit a petition to              days prior to the filing deadline, the
                                                standing: (1) The name, address, and                    the Commission to participate as a party              participant should contact the Office of
                                                telephone number of the petitioner; (2)                 under 10 CFR 2.309(h)(1). The petition                the Secretary by email at
                                                the nature of the petitioner’s right under              should state the nature and extent of the             hearing.docket@nrc.gov, or by telephone
                                                the Act to be made a party to the                       petitioner’s interest in the proceeding.              at 301–415–1677, to (1) request a digital
                                                proceeding; (3) the nature and extent of                The petition should be submitted to the               identification (ID) certificate, which
                                                the petitioner’s property, financial, or                Commission by April 10, 2017. The                     allows the participant (or its counsel or
                                                other interest in the proceeding; and (4)               petition must be filed in accordance                  representative) to digitally sign
                                                the possible effect of any decision or                  with the filing instructions in the                   submissions and access the E-Filing
                                                order which may be entered in the                       ‘‘Electronic Submissions (E-Filing)’’                 system for any proceeding in which it
                                                proceeding on the petitioner’s interest.                section of this document, and should                  is participating; and (2) advise the
                                                   In accordance with 10 CFR 2.309(f),                  meet the requirements for petitions set               Secretary that the participant will be
                                                the petition must also set forth the                    forth in this section. Alternatively, a               submitting a petition or other
                                                specific contentions which the                          State, local governmental body,                       adjudicatory document (even in
                                                petitioner seeks to have litigated in the               Federally-recognized Indian Tribe, or                 instances in which the participant, or its
                                                proceeding. Each contention must                        agency thereof may participate as a non-              counsel or representative, already holds
                                                consist of a specific statement of the                  party under 10 CFR 2.315(c).                          an NRC-issued digital ID certificate).
                                                issue of law or fact to be raised or                       If a hearing is granted, any person                Based upon this information, the
                                                controverted. In addition, the petitioner               who is not a party to the proceeding and              Secretary will establish an electronic
                                                must provide a brief explanation of the                 is not affiliated with or represented by              docket for the hearing in this proceeding
                                                bases for the contention and a concise                  a party may, at the discretion of the                 if the Secretary has not already
                                                statement of the alleged facts or expert                presiding officer, be permitted to make               established an electronic docket.
                                                opinion which support the contention                    a limited appearance pursuant to the                     Information about applying for a
                                                and on which the petitioner intends to                  provisions of 10 CFR 2.315(a). A person               digital ID certificate is available on the
                                                rely in proving the contention at the                   making a limited appearance may make                  NRC’s public Web site at http://
                                                hearing. The petitioner must also                       an oral or written statement of his or her            www.nrc.gov/site-help/e-submittals/
                                                provide references to the specific                      position on the issues but may not                    getting-started.html. Once a participant
                                                sources and documents on which the                      otherwise participate in the proceeding.              has obtained a digital ID certificate and
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                                                petitioner intends to rely to support its               A limited appearance may be made at                   a docket has been created, the
                                                position on the issue. The petition must                any session of the hearing or at any                  participant can then submit
                                                include sufficient information to show                  prehearing conference, subject to the                 adjudicatory documents. Submissions
                                                that a genuine dispute exists with the                  limits and conditions as may be                       must be in Portable Document Format
                                                applicant or licensee on a material issue               imposed by the presiding officer. Details             (PDF). Additional guidance on PDF
                                                of law or fact. Contentions must be                     regarding the opportunity to make a                   submissions is available on the NRC’s
                                                limited to matters within the scope of                  limited appearance will be provided by                public Web site at http://www.nrc.gov/


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                                                                            Federal Register / Vol. 82, No. 26 / Thursday, February 9, 2017 / Notices                                           10033

                                                site-help/electronic-sub-ref-mat.html. A                document with the provider of the                     negotiated service agreements. This
                                                filing is considered complete at the time               service. A presiding officer, having                  notice informs the public of the filing,
                                                the document is submitted through the                   granted an exemption request from                     invites public comment, and takes other
                                                NRC’s E-Filing system. To be timely, an                 using E-Filing, may require a participant             administrative steps.
                                                electronic filing must be submitted to                  or party to use E-Filing if the presiding             DATES: Comments are due: February 13,
                                                the E-Filing system no later than 11:59                 officer subsequently determines that the              2017.
                                                p.m. Eastern Time on the due date.                      reason for granting the exemption from                ADDRESSES: Submit comments
                                                Upon receipt of a transmission, the E-                  use of E-Filing no longer exists.                     electronically via the Commission’s
                                                Filing system time-stamps the document                    Documents submitted in adjudicatory                 Filing Online system at http://
                                                and sends the submitter an email notice                 proceedings will appear in the NRC’s                  www.prc.gov. Those who cannot submit
                                                confirming receipt of the document. The                 electronic hearing docket which is                    comments electronically should contact
                                                E-Filing system also distributes an email               available to the public at https://                   the person identified in the FOR FURTHER
                                                notice that provides access to the                      adams.nrc.gov/ehd, unless excluded                    INFORMATION CONTACT section by
                                                document to the NRC’s Office of the                     pursuant to an order of the Commission                telephone for advice on filing
                                                General Counsel and any others who                      or the presiding officer. If you do not               alternatives.
                                                have advised the Office of the Secretary                have an NRC-issued digital ID certificate
                                                that they wish to participate in the                    as described above, click cancel when                 FOR FURTHER INFORMATION CONTACT:
                                                proceeding, so that the filer need not                  the link requests certificates and you                David A. Trissell, General Counsel, at
                                                serve the document on those                             will be automatically directed to the                 202–789–6820.
                                                participants separately. Therefore,                     NRC’s electronic hearing dockets where                SUPPLEMENTARY INFORMATION:
                                                applicants and other participants (or                   you will be able to access any publicly               Table of Contents
                                                their counsel or representative) must                   available documents in a particular
                                                apply for and receive a digital ID                      hearing docket. Participants are                      I. Introduction
                                                certificate before adjudicatory                         requested not to include personal                     II. Docketed Proceeding(s)
                                                documents are filed so that they can                    privacy information, such as social                   I. Introduction
                                                obtain access to the documents via the                  security numbers, home addresses, or
                                                E-Filing system.                                                                                                 The Commission gives notice that the
                                                                                                        personal phone numbers in their filings,
                                                   A person filing electronically using                                                                       Postal Service filed request(s) for the
                                                                                                        unless an NRC regulation or other law
                                                the NRC’s adjudicatory E-Filing system                                                                        Commission to consider matters related
                                                                                                        requires submission of such
                                                may seek assistance by contacting the                                                                         to negotiated service agreement(s). The
                                                                                                        information. For example, in some
                                                NRC’s Electronic Filing Help Desk                                                                             request(s) may propose the addition or
                                                                                                        instances, individuals provide home
                                                through the ‘‘Contact Us’’ link located                                                                       removal of a negotiated service
                                                                                                        addresses in order to demonstrate
                                                on the NRC’s public Web site at http://                                                                       agreement from the market dominant or
                                                                                                        proximity to a facility or site. With
                                                www.nrc.gov/site-help/e-                                                                                      the competitive product list, or the
                                                                                                        respect to copyrighted works, except for
                                                submittals.html, by email to                                                                                  modification of an existing product
                                                                                                        limited excerpts that serve the purpose
                                                MSHD.Resource@nrc.gov, or by a toll-                                                                          currently appearing on the market
                                                                                                        of the adjudicatory filings and would
                                                free call at 1–866–672–7640. The NRC                                                                          dominant or the competitive product
                                                                                                        constitute a Fair Use application,
                                                Electronic Filing Help Desk is available                                                                      list.
                                                                                                        participants are requested not to include                Section II identifies the docket
                                                between 9 a.m. and 6 p.m., Eastern                      copyrighted materials in their
                                                Time, Monday through Friday,                                                                                  number(s) associated with each Postal
                                                                                                        submission.                                           Service request, the title of each Postal
                                                excluding government holidays.
                                                   Participants who believe that they                     Dated at Rockville, Maryland, this 2nd day          Service request, the request’s acceptance
                                                have a good cause for not submitting                    of February 2017.                                     date, and the authority cited by the
                                                documents electronically must file an                     For the Nuclear Regulatory Commission.              Postal Service for each request. For each
                                                exemption request, in accordance with                   Theodore Smith,                                       request, the Commission appoints an
                                                10 CFR 2.302(g), with their initial paper               Branch Chief (Acting), Material                       officer of the Commission to represent
                                                filing stating why there is good cause for              Decommissioning Branch, Division of                   the interests of the general public in the
                                                not filing electronically and requesting                Decommissioning, Uranium Recovery, and                proceeding, pursuant to 39 U.S.C. 505
                                                authorization to continue to submit                     Waste Programs, Office of Nuclear Material            (Public Representative). Section II also
                                                                                                        Safety and Safeguards.                                establishes comment deadline(s)
                                                documents in paper format. Such filings
                                                must be submitted by: (1) First class                   [FR Doc. 2017–02678 Filed 2–8–17; 8:45 am]            pertaining to each request.
                                                mail addressed to the Office of the                     BILLING CODE 7590–01–P                                   The public portions of the Postal
                                                Secretary of the Commission, U.S.                                                                             Service’s request(s) can be accessed via
                                                Nuclear Regulatory Commission,                                                                                the Commission’s Web site (http://
                                                Washington, DC 20555–0001, Attention:                   POSTAL REGULATORY COMMISSION                          www.prc.gov). Non-public portions of
                                                Rulemaking and Adjudications Staff; or                  [Docket Nos. MC2017–84 and CP2017–113;
                                                                                                                                                              the Postal Service’s request(s), if any,
                                                (2) courier, express mail, or expedited                 MC2017–85 and CP2017–114; MC2017–86                   can be accessed through compliance
                                                delivery service to the Office of the                   and CP2017–115; MC2017–87 and CP2017–                 with the requirements of 39 CFR
                                                Secretary, 11555 Rockville Pike,                        116; MC2017–88 and CP2017–117; MC2017–                3007.40.
                                                Rockville, Maryland 20852, Attention:                   89 and CP2017–118; MC2017–90 and                         The Commission invites comments on
                                                Rulemaking and Adjudications Staff.                     CP2017–119]                                           whether the Postal Service’s request(s)
                                                                                                                                                              in the captioned docket(s) are consistent
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                                                Participants filing adjudicatory
                                                documents in this manner are                            New Postal Products                                   with the policies of title 39. For
                                                responsible for serving the document on                 AGENCY:   Postal Regulatory Commission.               request(s) that the Postal Service states
                                                all other participants. Filing is                       ACTION:   Notice.                                     concern market dominant product(s),
                                                considered complete by first-class mail                                                                       applicable statutory and regulatory
                                                as of the time of deposit in the mail, or               SUMMARY:  The Commission is noticing                  requirements include 39 U.S.C. 3622, 39
                                                by courier, express mail, or expedited                  recent Postal Service filings for the                 U.S.C. 3642, 39 CFR part 3010, and 39
                                                delivery service upon depositing the                    Commission’s consideration concerning                 CFR part 3020, subpart B. For request(s)


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Document Created: 2017-02-09 01:02:50
Document Modified: 2017-02-09 01:02:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionLicense amendment; issuance; opportunity to request a hearing and to petition for leave to intervene.
DatesA request for a hearing or petition for leave to intervene must be filed by April 10, 2017.
ContactAmy Snyder, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6822, email: [email protected]
FR Citation82 FR 10031 

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