82_FR_58457 82 FR 58221 - U.S. Army Installation Management Command; Davy Crockett M101 Depleted Uranium Spotting Rounds

82 FR 58221 - U.S. Army Installation Management Command; Davy Crockett M101 Depleted Uranium Spotting Rounds

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range58221-58223
FR Document2017-26603

The U.S. Nuclear Regulatory Commission (NRC) has received an application from the U.S. Army Installation Management Command (Army) for amendment of Source Materials License No. SUC-1593 which authorizes possession only of depleted uranium (DU) from the Davy Crockett M101 spotting rounds. The amendment would allow the Army to correct sizing/ scaling errors in Figure 1-2 of the Fort Polk, Fort Riley, and Pohakuloa Training Area (PTA) Site-Specific Environmental Radiation Monitoring Plan (ERMP) annexes to the Programmatic ERMP.

Federal Register, Volume 82 Issue 236 (Monday, December 11, 2017)
[Federal Register Volume 82, Number 236 (Monday, December 11, 2017)]
[Notices]
[Pages 58221-58223]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26603]


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NUCLEAR REGULATORY COMMISSION

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


U.S. Army Installation Management Command; Davy Crockett M101 
Depleted Uranium Spotting Rounds

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 Management Command (Army) 
for amendment of Source Materials License No. SUC-1593 which authorizes 
possession only of depleted uranium (DU) from the Davy Crockett M101 
spotting rounds. The amendment would allow the Army to correct sizing/
scaling errors in Figure 1-2 of the Fort Polk, Fort Riley, and 
Pohakuloa Training Area (PTA) Site-Specific Environmental Radiation 
Monitoring Plan (ERMP) annexes to the Programmatic ERMP.

DATES: A request for a hearing or petition for leave to intervene must 
be filed by February 9, 2018.

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(s) 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 is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     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, Senior Project Manager, 
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 an application dated June 1, 2017 (ADAMS Accession No. 
ML17158B356), the Army requested an amendment to correct sizing/scaling 
errors in Figure 1-2 of the Fort Polk, Fort Riley, and PTA Site-
Specific ERMP annexes to the Programmatic ERMP, incorporated by 
reference in Source Materials License No. SUC-1593 (ADAMS Accession No. 
ML16343A164). In addition, the Army requested an amendment to the 
license that would allow the Army to make future changes to correct 
similar ``minor errors'' in annexes to the Programmatic ERMP without 
submittal of a license amendment request.
    The staff completed its administrative acceptance review of the 
application and determined that the request to correct specific figure 
sizing/scaling errors in the identified Site-Specific ERMP annexes 
contains sufficient information for the staff to begin a detailed 
technical review. However, the staff determined that the Army's 
proposal to make similar future ``minor changes'' to annexes to the 
Programmatic ERMP without NRC approval did not contain enough 
information to accept the request for detailed technical review. In the 
staff's acceptance review letter (ADAMS Accession No. ML17226A205), the 
staff informed the Army that the staff will begin its detailed 
technical review of the changes to correct figure sizing/scaling errors 
in the Site-Specific ERMP annexes for Fort Polk, Fort Riley, and 
PTA.\1\ In order to issue the requested amendment, the NRC will need to 
make the findings required by the Atomic Energy Act of 1954, as amended 
(the Act), and the NRC's regulations. The NRC's findings will be 
documented in a safety evaluation report.
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    \1\ In the acceptance review letter, the NRC also informed the 
Army that if the Army wishes to pursue the change process portion of 
its license amendment request, it would need to supplement its 
application within 30 calendar days, by October 20, 2017, of the 
date of the acceptance review letter. If this supplementary 
information was not received by then, the staff would continue to 
process the license amendment request, to include the appropriate 
noticing in the Federal Register, without further consideration of 
the change process portion. The Army has not provided any 
supplemental information to date. As a result, the NRC will not 
consider the change process portion of the Army's June 1, 2017 
amendment application.
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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 part 2 of title 10 of the Code of Federal Regulations 
(10 CFR). 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 (1st 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

[[Page 58222]]

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 no later 
than 60 days from the date of publication of this notice. 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/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,

[[Page 58223]]

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 5th day of December 2017.

    For the Nuclear Regulatory Commission.
Stephen Koenick,
Chief, Materials Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2017-26603 Filed 12-8-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                                          Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices                                                      58221

                                               nrc.gov or Jennifer.BorgesRoman@                        Search.’’ For problems with ADAMS,                    amendment, the NRC will need to make
                                               nrc.gov.                                                please contact the NRC’s Public                       the findings required by the Atomic
                                                 Dated: December 6, 2017.                              Document Room (PDR) reference staff at                Energy Act of 1954, as amended (the
                                               Denise L. McGovern,
                                                                                                       1–800–397–4209, 301–415–4737, or by                   Act), and the NRC’s regulations. The
                                                                                                       email to pdr.resource@nrc.gov. The                    NRC’s findings will be documented in a
                                               Policy Coordinator, Office of the Secretary.
                                                                                                       ADAMS accession number for each                       safety evaluation report.
                                               [FR Doc. 2017–26705 Filed 12–7–17; 11:15 am]
                                                                                                       document referenced (if it is available in            II. Opportunity To Request a Hearing
                                               BILLING CODE 7590–01–P                                  ADAMS) is provided the first time that                and Petition for Leave To Intervene
                                                                                                       it is mentioned in this document.
                                                                                                          • NRC’s PDR: You may examine and                      Within 60 days after the date of
                                               NUCLEAR REGULATORY                                      purchase copies of public documents at                publication of this notice, any persons
                                               COMMISSION                                              the NRC’s PDR, Room O1–F21, One                       (petitioner) whose interest may be
                                               [Docket No. 40–9083; NRC–2017–0036]                     White Flint North, 11555 Rockville                    affected by this action may file a request
                                                                                                       Pike, Rockville, Maryland 20852.                      for a hearing and petition for leave to
                                               U.S. Army Installation Management                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             intervene (petition) with respect to the
                                               Command; Davy Crockett M101                             Amy Snyder, Senior Project Manager,                   action. Petitions shall be filed in
                                               Depleted Uranium Spotting Rounds                        Office of Nuclear Material Safety and                 accordance with the Commission’s
                                                                                                                                                             ‘‘Agency Rules of Practice and
                                               AGENCY:  Nuclear Regulatory                             Safeguards, U.S. Nuclear Regulatory
                                                                                                                                                             Procedure’’ in part 2 of title 10 of the
                                               Commission.                                             Commission, Washington, DC 20555–
                                                                                                                                                             Code of Federal Regulations (10 CFR).
                                               ACTION: License amendment application;                  0001; telephone: 301–415–6822, email:
                                                                                                                                                             Interested persons should consult a
                                               opportunity to request a hearing and to                 Amy.Snyder@nrc.gov.
                                                                                                                                                             current copy of 10 CFR 2.309. The
                                               petition for leave to intervene.                        SUPPLEMENTARY INFORMATION:                            NRC’s regulations are accessible
                                                                                                       I. Introduction                                       electronically from the NRC Library on
                                               SUMMARY:   The U.S. Nuclear Regulatory
                                                                                                                                                             the NRC’s Web site at http://
                                               Commission (NRC) has received an                          In an application dated June 1, 2017                www.nrc.gov/reading-rm/doc-
                                               application from the U.S. Army                          (ADAMS Accession No. ML17158B356),                    collections/cfr/. Alternatively, a copy of
                                               Installation Management Command                         the Army requested an amendment to                    the regulations is available at the NRC’s
                                               (Army) for amendment of Source                          correct sizing/scaling errors in Figure 1–            Public Document Room, located at One
                                               Materials License No. SUC–1593 which                    2 of the Fort Polk, Fort Riley, and PTA               White Flint North, Room O1–F21, 11555
                                               authorizes possession only of depleted                  Site-Specific ERMP annexes to the                     Rockville Pike (1st floor), Rockville,
                                               uranium (DU) from the Davy Crockett                     Programmatic ERMP, incorporated by                    Maryland 20852. If a petition is filed,
                                               M101 spotting rounds. The amendment                     reference in Source Materials License                 the Commission or a presiding officer
                                               would allow the Army to correct sizing/                 No. SUC–1593 (ADAMS Accession No.                     will rule on the petition and, if
                                               scaling errors in Figure                                ML16343A164). In addition, the Army                   appropriate, a notice of a hearing will be
                                               1–2 of the Fort Polk, Fort Riley, and                   requested an amendment to the license                 issued.
                                               Pohakuloa Training Area (PTA) Site-                     that would allow the Army to make                        As required by 10 CFR 2.309(d) the
                                               Specific Environmental Radiation                        future changes to correct similar ‘‘minor             petition should specifically explain the
                                               Monitoring Plan (ERMP) annexes to the                   errors’’ in annexes to the Programmatic               reasons why intervention should be
                                               Programmatic ERMP.                                      ERMP without submittal of a license                   permitted with particular reference to
                                               DATES: A request for a hearing or                       amendment request.                                    the following general requirements for
                                               petition for leave to intervene must be                   The staff completed its administrative              standing: (1) The name, address, and
                                               filed by February 9, 2018.                              acceptance review of the application                  telephone number of the petitioner; (2)
                                               ADDRESSES: Please refer to Docket ID                    and determined that the request to                    the nature of the petitioner’s right under
                                               NRC–2017–0036 when contacting the                       correct specific figure sizing/scaling                the Act to be made a party to the
                                               NRC about the availability of                           errors in the identified Site-Specific                proceeding; (3) the nature and extent of
                                               information regarding this document.                    ERMP annexes contains sufficient                      the petitioner’s property, financial, or
                                               You may obtain publicly-available                       information for the staff to begin a                  other interest in the proceeding; and (4)
                                               information related to this document                    detailed technical review. However, the               the possible effect of any decision or
                                               using any of the following methods:                     staff determined that the Army’s                      order which may be entered in the
                                                  • Federal Rulemaking Web site: Go to                 proposal to make similar future ‘‘minor               proceeding on the petitioner’s interest.
                                               http://www.regulations.gov and search                   changes’’ to annexes to the                              In accordance with 10 CFR 2.309(f),
                                               for Docket ID NRC–2017–0036. Address                    Programmatic ERMP without NRC                         the petition must also set forth the
                                               questions about NRC dockets to Carol                    approval did not contain enough                       specific contentions which the
                                               Gallagher; telephone: 301–415–3463;                     information to accept the request for                 petitioner seeks to have litigated in the
                                               email: Carol.Gallagher@nrc.gov. For                     detailed technical review. In the staff’s             proceeding. Each contention must
                                               technical questions, contact the                        acceptance review letter (ADAMS                       consist of a specific statement of the
                                               individual(s) listed in the FOR FURTHER                 Accession No. ML17226A205), the staff                 issue of law or fact to be raised or
                                               INFORMATION CONTACT section of this                     informed the Army that the staff will                 controverted. In addition, the petitioner
                                               document.                                               begin its detailed technical review of the            must provide a brief explanation of the
                                                  • NRC’s Agencywide Documents                         changes to correct figure sizing/scaling
                                               Access and Management System                            errors in the Site-Specific ERMP                      20, 2017, of the date of the acceptance review letter.
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       annexes for Fort Polk, Fort Riley, and                If this supplementary information was not received
                                               (ADAMS): You may obtain publicly-                                                                             by then, the staff would continue to process the
                                               available documents online in the                       PTA.1 In order to issue the requested                 license amendment request, to include the
                                               ADAMS Public Documents collection at                                                                          appropriate noticing in the Federal Register,
                                                                                                          1 In the acceptance review letter, the NRC also    without further consideration of the change process
                                               http://www.nrc.gov/reading-rm/
                                                                                                       informed the Army that if the Army wishes to          portion. The Army has not provided any
                                               adams.html. To begin the search, select                 pursue the change process portion of its license      supplemental information to date. As a result, the
                                               ‘‘ADAMS Public Documents’’ and then                     amendment request, it would need to supplement        NRC will not consider the change process portion
                                               select ‘‘Begin Web-based ADAMS                          its application within 30 calendar days, by October   of the Army’s June 1, 2017 amendment application.



                                          VerDate Sep<11>2014   17:54 Dec 08, 2017   Jkt 244001   PO 00000   Frm 00055   Fmt 4703   Sfmt 4703   E:\FR\FM\11DEN1.SGM   11DEN1


                                               58222                      Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices

                                               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
                                               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/
                                               the proceeding. The contention must be                  the presiding officer if such sessions are            site-help/electronic-sub-ref-mat.html. A
                                               one which, if proven, would entitle the                 scheduled.                                            filing is considered complete at the time
                                               petitioner to relief. A petitioner who                                                                        the document is submitted through the
                                                                                                       III. Electronic Submissions (E-Filing)                NRC’s E-Filing system. To be timely, an
                                               fails to satisfy the requirements at 10
                                               CFR 2.309(f) with respect to at least one                  All documents filed in NRC                         electronic filing must be submitted to
                                               contention will not be permitted to                     adjudicatory proceedings, including a                 the E-Filing system no later than 11:59
                                               participate as a party.                                 request for hearing and petition for                  p.m. Eastern Time on the due date.
                                                  Those permitted to intervene become                  leave to intervene (petition), any motion             Upon receipt of a transmission, the E-
                                               parties to the proceeding, subject to any               or other document filed in the                        Filing system time-stamps the document
                                               limitations in the order granting leave to              proceeding prior to the submission of a               and sends the submitter an email notice
                                               intervene. Parties have the opportunity                 request for hearing or petition to                    confirming receipt of the document. The
                                               to participate fully in the conduct of the              intervene, and documents filed by                     E-Filing system also distributes an email
                                               hearing with respect to resolution of                   interested governmental entities that                 notice that provides access to the
                                               that party’s admitted contentions,                      request to participate under 10 CFR                   document to the NRC’s Office of the
                                               including the opportunity to present                    2.315(c), must be filed in accordance                 General Counsel and any others who
                                               evidence, consistent with the NRC’s                     with the NRC’s E-Filing rule (72 FR                   have advised the Office of the Secretary
                                               regulations, policies, and procedures.                  49139; August 28, 2007, as amended at                 that they wish to participate in the
                                                  Petitions must be filed no later than                77 FR 46562, August 3, 2012). The                     proceeding, so that the filer need not
                                               60 days from the date of publication of                 E-Filing process requires participants to             serve the document on those
                                               this notice. Petitions and motions for                  submit and serve all adjudicatory                     participants separately. Therefore,
                                               leave to file new or amended                            documents over the internet, or in some               applicants and other participants (or
                                               contentions that are filed after the                    cases to mail copies on electronic                    their counsel or representative) must
                                               deadline will not be entertained absent                 storage media. Detailed guidance on                   apply for and receive a digital ID
                                               a determination by the presiding officer                making electronic submissions may be                  certificate before adjudicatory
                                               that the filing demonstrates good cause                 found in the Guidance for Electronic                  documents are filed so that they can
                                               by satisfying the three factors in 10 CFR               Submissions to the NRC and on the NRC                 obtain access to the documents via the
                                               2.309(c)(1)(i) through (iii). The petition              Web site at http://www.nrc.gov/site-                  E-Filing system.
                                               must be filed in accordance with the                    help/e-submittals.html. Participants                     A person filing electronically using
                                               filing instructions in the ‘‘Electronic                 may not submit paper copies of their                  the NRC’s adjudicatory E-Filing system
                                               Submissions (E-Filing)’’ section of this                filings unless they seek an exemption in              may seek assistance by contacting the
                                               document.                                               accordance with the procedures                        NRC’s Electronic Filing Help Desk
                                                  A State, local governmental body,                    described below.                                      through the ‘‘Contact Us’’ link located
                                               Federally-recognized Indian Tribe, or                      To comply with the procedural                      on the NRC’s public Web site at http://
                                               agency thereof, may submit a petition to                requirements of E-Filing, at least 10                 www.nrc.gov/site-help/e-
                                               the Commission to participate as a party                days prior to the filing deadline, the                submittals.html, by email to
                                               under 10 CFR 2.309(h)(1). The petition                  participant should contact the Office of              MSHD.Resource@nrc.gov, or by a toll-
                                               should state the nature and extent of the               the Secretary by email at                             free call at 1–866–672–7640. The NRC
                                               petitioner’s interest in the proceeding.                hearing.docket@nrc.gov, or by telephone               Electronic Filing Help Desk is available
                                               The petition should be submitted to the                 at 301–415–1677, to (1) request a digital             between 9 a.m. and 6 p.m., Eastern
                                               Commission no later than 60 days from                   identification (ID) certificate, which                Time, Monday through Friday,
                                               the date of publication of this notice.                 allows the participant (or its counsel or             excluding government holidays.
                                               The petition must be filed in accordance                representative) to digitally sign                        Participants who believe that they
                                               with the filing instructions in the                     submissions and access the E-Filing                   have a good cause for not submitting
                                               ‘‘Electronic Submissions (E-Filing)’’                   system for any proceeding in which it                 documents electronically must file an
                                               section of this document, and should                    is participating; and (2) advise the                  exemption request, in accordance with
                                               meet the requirements for petitions set                 Secretary that the participant will be                10 CFR 2.302(g), with their initial paper
                                               forth in this section. Alternatively, a                 submitting a petition or other                        filing stating why there is good cause for
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                                               State, local governmental body,                         adjudicatory document (even in                        not filing electronically and requesting
                                               Federally-recognized Indian Tribe, or                   instances in which the participant, or its            authorization to continue to submit
                                               agency thereof may participate as a non-                counsel or representative, already holds              documents in paper format. Such filings
                                               party under 10 CFR 2.315(c).                            an NRC-issued digital ID certificate).                must be submitted by: (1) First class
                                                  If a hearing is granted, any person                  Based upon this information, the                      mail addressed to the Office of the
                                               who is not a party to the proceeding and                Secretary will establish an electronic                Secretary of the Commission, U.S.
                                               is not affiliated with or represented by                docket for the hearing in this proceeding             Nuclear Regulatory Commission,


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                                                                          Federal Register / Vol. 82, No. 236 / Monday, December 11, 2017 / Notices                                           58223

                                               Washington, DC 20555–0001, Attention:                   NUCLEAR REGULATORY                                    please contact the NRC’s Public
                                               Rulemaking and Adjudications Staff; or                  COMMISSION                                            Document Room (PDR) reference staff at
                                               (2) courier, express mail, or expedited                                                                       1–800–397–4209, 301–415–4737, or by
                                                                                                       [NRC–2017–0116]                                       email to pdr.resource@nrc.gov. NRC
                                               delivery service to the Office of the
                                               Secretary, 11555 Rockville Pike,                                                                              Form 509 and NRC Form 507 are
                                                                                                       Information Collection: Public Records
                                               Rockville, Maryland 20852, Attention:                                                                         available in ADAMS under Accession
                                               Rulemaking and Adjudications Staff.                     AGENCY:  Nuclear Regulatory                           Nos. ML17172A497 and ML17178A261,
                                               Participants filing adjudicatory                        Commission.                                           respectively. The supporting statement
                                               documents in this manner are                            ACTION: Notice of submission to the                   can be found in ADAMS under
                                               responsible for serving the document on                 Office of Management and Budget;                      Accession No. ML17324A146.
                                               all other participants. Filing is                       request for comment.                                    • NRC’s PDR: You may examine and
                                               considered complete by first-class mail                                                                       purchase copies of public documents at
                                               as of the time of deposit in the mail, or               SUMMARY:   The U.S. Nuclear Regulatory                the NRC’s PDR, Room O1–F21, One
                                               by courier, express mail, or expedited                  Commission (NRC) has recently                         White Flint North, 11555 Rockville
                                               delivery service upon depositing the                    submitted a request for renewal of an                 Pike, Rockville, Maryland 20852.
                                               document with the provider of the
                                                                                                       existing collection of information to the               • NRC’s Clearance Officer: A copy of
                                                                                                       Office of Management and Budget                       the collection of information and related
                                               service. A presiding officer, having
                                                                                                       (OMB) for review. The information                     instructions may be obtained without
                                               granted an exemption request from
                                                                                                       collection is entitled, ‘‘Public Records.’’           charge by contacting the NRC’s
                                               using E-Filing, may require a participant               The NRC updated two forms integral to                 Clearance Officer, David Cullison,
                                               or party to use E-Filing if the presiding               the agency’s Freedom of Information                   Office of the Chief Information Officer,
                                               officer subsequently determines that the                Act (FOIA) process, NRC Form 509,                     U.S. Nuclear Regulatory Commission,
                                               reason for granting the exemption from                  ‘‘Statement of Estimated Fees for                     Washington, DC 20555–0001; telephone:
                                               use of E-Filing no longer exists.                       Freedom of Information Act (FOIA)                     301–415–2084; email:
                                                  Documents submitted in adjudicatory                  Request’’ and NRC Form 507, ‘‘Freedom                 Infocollects.Resource@nrc.gov.
                                               proceedings will appear in the NRC’s                    of Information—Privacy Act Record
                                               electronic hearing docket which is                      Request Form.’’                                       B. Submitting Comments
                                               available to the public at https://                     DATES: Submit comments by January 10,                   The NRC cautions you not to include
                                               adams.nrc.gov/ehd, unless excluded                      2018.                                                 identifying or contact information in
                                               pursuant to an order of the Commission                  ADDRESSES: Submit comments directly                   comment submissions that you do not
                                               or the presiding officer. If you do not                 to the OMB reviewer at: Brandon F.                    want to be publicly disclosed in your
                                               have an NRC-issued digital ID certificate               DeBruhl, Desk Officer, Office of                      comment submission. All comment
                                               as described above, click cancel when                   Information and Regulatory Affairs                    submissions are posted at http://
                                               the link requests certificates and you                  (3150–0043), NEOB–10202, Office of                    www.regulations.gov and entered into
                                               will be automatically directed to the                   Management and Budget, Washington,                    ADAMS. Comment submissions are not
                                               NRC’s electronic hearing dockets where                  DC 20503; telephone: 202–395–0710,                    routinely edited to remove identifying
                                               you will be able to access any publicly                 email: oira_submission@omb.eop.gov.                   or contact information.
                                               available documents in a particular                     FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               If you are requesting or aggregating
                                               hearing docket.                                         David Cullison, NRC Clearance Officer,                comments from other persons for
                                                                                                       U.S. Nuclear Regulatory Commission,                   submission to the OMB, then you
                                                  Participants are requested not to                                                                          should inform those persons not to
                                               include personal privacy information,                   Washington, DC 20555–0001; telephone:
                                                                                                       301–415–2084; email:                                  include identifying or contact
                                               such as social security numbers, home                                                                         information that they do not want to be
                                               addresses, or personal phone numbers                    Infocollects.Resource@nrc.gov.
                                                                                                                                                             publicly disclosed in their comment
                                               in their filings, unless an NRC                         SUPPLEMENTARY INFORMATION:
                                                                                                                                                             submission. Your request should state
                                               regulation or other law requires                        I. Obtaining Information and                          that the NRC does not routinely edit
                                               submission of such information. For                     Submitting Comments                                   comment submissions to remove such
                                               example, in some instances, individuals                                                                       information before making the comment
                                               provide home addresses in order to                      A. Obtaining Information                              submissions available to the public or
                                               demonstrate proximity to a facility or                     Please refer to Docket ID NRC–2017–                entering the comment submissions into
                                               site. With respect to copyrighted works,                0116 when contacting the NRC about                    ADAMS.
                                               except for limited excerpts that serve                  the availability of information for this
                                               the purpose of the adjudicatory filings                                                                       II. Background
                                                                                                       action. You may obtain publicly-
                                               and would constitute a Fair Use                         available information related to this                    Under the provisions of the
                                               application, participants are requested                 action by any of the following methods:               Paperwork Reduction Act of 1995 (44
                                               not to include copyrighted materials in                    • Federal Rulemaking Web site: Go to               U.S.C. chapter 35), the NRC recently
                                               their submission.                                       http://www.regulations.gov and search                 submitted a request for renewal of an
                                                                                                       for Docket ID NRC–2017–0116.                          existing collection of information to
                                                 Dated at Rockville, Maryland, this 5th day
                                               of December 2017.                                          • NRC’s Agencywide Documents                       OMB for review entitled, 10 CFR part 9,
                                                                                                       Access and Management System                          ‘‘Public Records.’’ The NRC hereby
                                                 For the Nuclear Regulatory Commission.                                                                      informs potential respondents that an
                                                                                                       (ADAMS): You may obtain publicly-
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                                               Stephen Koenick,                                        available documents online in the                     agency may not conduct or sponsor, and
                                               Chief, Materials Decommissioning Branch,                ADAMS Public Documents collection at                  that a person is not required to respond
                                               Division of Decommissioning, Uranium                    http://www.nrc.gov/reading-rm/                        to, a collection of information unless it
                                               Recovery, and Waste Programs, Office of                 adams.html. To begin the search, select               displays a currently valid OMB control
                                               Nuclear Material Safety and Safeguards.                 ‘‘ADAMS Public Documents’’ and then                   number.
                                               [FR Doc. 2017–26603 Filed 12–8–17; 8:45 am]             select ‘‘Begin Web-based ADAMS                           The NRC published a Federal
                                               BILLING CODE 7590–01–P                                  Search.’’ For problems with ADAMS,                    Register notice with a 60-day comment


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Document Created: 2017-12-09 01:50:02
Document Modified: 2017-12-09 01:50:02
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 application; 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 February 9, 2018.
ContactAmy Snyder, Senior Project Manager, 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 58221 

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