83_FR_55975 83 FR 55759 - U.S. Army Ranges With Davy Crockett Depleted Uranium

83 FR 55759 - U.S. Army Ranges With Davy Crockett Depleted Uranium

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 216 (November 7, 2018)

Page Range55759-55761
FR Document2018-24277

The U.S. Nuclear Regulatory Commission (NRC) issued License Amendment No. 3 to the Army. License Amendment No. 3 makes multiple changes to Source Materials License No. SUC-1596: (1) Incorporation by reference of three revised final site-specific Environmental Radiation Monitoring Plans (ERMPs); (2) incorporation by reference of the December 15, 2017, letter, clarifying sampling procedures; (3) incorporation by reference of the letter naming the license Radiation Safety Officer (RSO); (4) incorporation by reference of the letter naming the new Army licensing official; and (5) editorial changes to correct grammar, and formatting. License Amendment No. 3 was effective on the date of issuance. The Army must implement the revised final site-specific ERMPs within 3 months of the date of issuance.

Federal Register, Volume 83 Issue 216 (Wednesday, November 7, 2018)
[Federal Register Volume 83, Number 216 (Wednesday, November 7, 2018)]
[Notices]
[Pages 55759-55761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24277]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-9083; NRC-2018-0242]


U.S. Army Ranges With Davy Crockett Depleted Uranium

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) issued License 
Amendment No. 3 to the Army. License Amendment No. 3 makes multiple 
changes to Source Materials License No. SUC-1596: (1) Incorporation by 
reference of three revised final site-specific Environmental Radiation 
Monitoring Plans (ERMPs); (2) incorporation by reference of the 
December 15, 2017, letter, clarifying sampling procedures; (3) 
incorporation by reference of the letter naming the license Radiation 
Safety Officer (RSO); (4) incorporation by reference of the letter 
naming the new Army licensing official; and (5) editorial changes to 
correct grammar, and formatting. License Amendment No. 3 was effective 
on the date of issuance. The Army must implement the revised final 
site-specific ERMPs within 3 months of the date of issuance.

DATES: November 7, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0242 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0242. Address 
questions about Docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; 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 ``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 M. 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: In a letter dated June 1, 2017 (ADAMS 
Accession No. ML17158B356), the Army requested an amendment to Source 
Materials License No. SUC-1593 (ADAMS Accession No. ML16343A164) 
pursuant to section 40.44 of title 10 of the Code of Federal 
Regulations (10 CFR), ``Amendment of Licenses at the Request of 
Licensee.'' The Army requested to replace the three annexes to the 
programmatic environmental monitoring plan (ERMP) (site-specific ERMPs) 
with revised final versions, because the Army indicated that Figure 1-
2, in each of the three site-specific ERMPs, is incorrect due to 
sizing/scaling errors made by the Army. The site-specific ERMPs that 
the Army proposed be replaced with the revised final site-specific 
ERMPs were the site-specific ERMPs for Fort Polk, LA, (Annex 11) (ADAMS 
Accession No. ML16265A225), Fort Riley, KS, (Annex 12) (ADAMS Accession 
No. ML16265A226) and the Pohakuloa Training Area (PTA), HI (Annex 17) 
(ADAMS Accession No. ML16265A231), dated September 2016. The Army also 
requested a license amendment that would allow the Army to make similar 
future ``minor changes'' to site-specific ERMPs without NRC approval.
    In a letter dated September 18, 2017 (ADAMS Accession No. 
ML17226A205), the NRC staff (staff) informed the Army that they 
completed their acceptance review of the application and found that the 
request to correct specific figure sizing/scaling errors in the 
identified site-specific ERMPs contains sufficient information for the 
staff to begin their detailed technical review. However, the staff 
determined that the Army's proposal to make similar future ``minor 
changes'' to site-specific ERMPs without U.S. NRC approval did not 
contain enough information to accept the request for detailed technical 
review. Also in the September 18, 2017, letter, the staff informed the 
Army that it would continue to process the June 1, 2017, license 
amendment request, to include the appropriate noticing in the Federal 
Register, without further consideration of the ``minor changes'' 
portion of the license amendment request if the Army did not provide a 
supplement to the amendment request within 30 days for the staff to 
evaluate.
    On October 18, 2017, the Army informed the staff that it would not 
pursue the minor changes portion of its June 1, 2017 amendment request. 
In a letter dated November 21, 2017 (ADAMS Accession No. ML17297B156), 
the staff informed the Army that the NRC will not consider the ``minor 
changes'' portion of the Army's June 1, 2017, amendment application.
    On December 11, 2017, a notice of an opportunity to request a 
hearing and to petition for leave to intervene on this licensing 
proceeding was published in the Federal Register (82 FR 58221). No 
requests were submitted.
    On December 15, 2017, the Army submitted supplemental information 
(ADAMS Accession No. ML18009A456) clarifying how it conducts sediment 
sample collection. This submittal was a voluntary response to a NRC 
Petition Review Board's question about sediment sample collection 
raised in the March 16, 2017, 10 CFR 2.206 petition (ADAMS Accession 
No. ML17110A308). In a letter dated January 19, 2018 (ADAMS Accession 
No. ML18023A991), the Army requested that its December 15, 2017, 
clarification letter be included under License Condition No. 11 for 
License Amendment No. 3. This portion of License Amendment No. 3 is 
administrative. An updated Federal Register notice (FRN) was not 
required for this administrative change.
    In the March 16, 2017, 10 CFR 2.206 petition, a concern was raised 
that the

[[Page 55760]]

PTA site has unique characteristics, such as ``recent'' lava flows, as 
exhibited by a vein of dark color that intersects the PTA radiation 
controlled area (RCAs) where the Davy Crockett depleted uranium (DU) is 
located, that should be taken into consideration to confirm that 
surface water flow is not impeded by the recent lava flow and thereby 
sediment collection is possible in the proposed PTA sediment sampling 
location designated by the Army. The concern that the sediment sampling 
location at the PTA site was unacceptable was not accepted by the 
Director of the Office of Nuclear Material Safety and Safeguards in 
this petition process because the staff's evaluation of the Army's 
request to change the sediment sampling location at the PTA was 
underway in which the petitioner could be a party and through which the 
petitioner's concerns could be addressed. The staff considered in its 
review for this licensing action the petitioner's comment asserting 
that the sediment sampling location at the PTA is inappropriate due to 
recent lava flows that present a formidable barrier to flow (ADAMS 
Accession No. ML17279A082).
    Also, the NRC staff requested that the License RSO contact 
information be incorporated by reference in the license consistent with 
NUREG-1556, Vol. 7, Rev. 1 ``Consolidated Guidance About Material 
Licenses: Program Specific Guidance About Academic, Research and 
Development, and Other Licenses of Limited Scope, Including Electron 
Capture Devices and X-Ray Fluorescence Analyzers'' and past practice 
for materials licensees managed by regional NRC staff. In addition, in 
a letter dated September 5, 2018, the Army informed the staff of the 
appointment of a new Army Installation Management Command Commander. 
This position is the authorizing official for this license and the 
letter was incorporated by reference in License Condition No. 11 of 
License Amendment No. 3.
    Because the staff considered the amendment an action related to the 
possession and management of DU military munitions, change in licensing 
official and License RSO, and administrative changes, the proceeding 
was considered to fall within the Categorical Exclusions under 10 CFR 
51.22(c)(14)(xv), 10 CFR 51.22(c)(10(iv), and 10 CFR 51.22(c)(10)(v), 
respectively.
    The NRC staff completed a safety evaluation report (SER) (ADAMS 
Accession No. ML18158A324) of the license amendment request. The staff 
found that the proposed revised final site-specific ERMPs for Fort 
Polk, LA, Fort Riley, KS, and the PTA, HI, which contain the 
corresponding proposed revised Figures 1.2, are consistent with the 
previously approved programmatic approach for preparation of site-
specific ERMPs pursuant to Source Materials License No. SUC-1593, 
Amendment No. 1. The staff found that the proposed changes do not 
impact the dose assessment verification because the bounding public 
dose assessment was not impacted due to change of sampling locations at 
the identified facilities. The staff found the proposed three revised 
final site-specific ERMPs to be adequate for monitoring for transport 
of DU from the RCAs or ranges where the Davy Crockett DU is located.
    The staff found that the Army's survey programs, as proposed to be 
modified by the June 1, 2017 application, would result in a change of 
sediment and surface water sampling locations at Fort Polk and Fort 
Riley, and a change in the sediment sampling location at the PTA. The 
staff found that these changes are reasonable under the circumstances 
to evaluate the magnitude and extent of radiation levels; the 
concentrations or quantities of residual radioactivity; and the 
potential radiological hazards of the radiation levels and residual 
radioactivity detected at these installations.
    The staff determined that the current lava flows in the vicinity of 
the PTA RCAs (those that transect the RCA area) do not act as an 
impenetrable barrier to surface water flow towards the general 
direction of the proposed sediment sample location.
    The staff found the reference to the site-specific ERMPs for Fort 
Polk, LA, Fort Riley, KS, and the PTA, HI, should be removed from 
License Condition No. 11 in the Source Materials License No. SUC-1593. 
The proposed revised final site-specific ERMPs for Fort Polk, LA, Fort 
Riley, KS, and the PTA, HI, and the December 15, 2017, letter, 
clarifying sediment sample collection should be incorporated by 
reference in License Condition No. 11 instead. In addition, the staff 
determined that License Condition No. 18 should be modified to allow 
additional time from the effective date of License Amendment No. 3 for 
the Army to implement the revised final site-specific ERMPs for Fort 
Polk, LA, Fort Riley, KS, and the PTA, HI due to the change in sampling 
locations. The staff believe that three additional months is sufficient 
for this purpose. The Army agreed with the proposed license conditions 
(ADAMS Accession Nos. ML18158A230 and ML18158A284).
    The staff determined that the December 15, 2017, clarifying 
information in the letter does not involve any new actions which were 
not already previously approved, and that the clarifying information 
would not modify the current requirements and commitments. The staff 
determined that the December 15, 2017, clarifying letter should be 
incorporated by reference in License Condition No. 11. This portion of 
License Amendment No. 3 is administrative.
    The staff determined that incorporation of the contact information 
of the License RSO, at the request of staff, and the new Army 
authorizing official for this license would not affect what was already 
approved in previous licensing actions and the information would not 
impact the current requirements and commitments. The staff concluded 
that the contact information for the License RSO and the new Army 
authorizing official for this license should be incorporated by 
reference in License Condition No. 11. This portion of License 
Amendment No. 3 is administrative.
    In the course of its review, the staff identified other 
administrative changes that should be made to the license. These 
changes consisted of modification of sentences to ensure consistent use 
of acronyms and initialism, formatting changes, or and correction of 
grammatical or typographical errors. The staff confirmed that these 
changes would not change any requirements or commitments or add new 
requirements or commitments. This portion of License Amendment No. 3 is 
administrative.
    The staff concluded that the findings described in the staff's SER 
report support the issuance of a license amendment requiring the use of 
the three revised final site-specific ERMPs by incorporation by 
reference; the incorporation by reference of the December 15, 2017, 
letter clarifying sediment sample collection; the incorporation by 
reference of the February 24, 2010, letter documenting the contact 
information for the License RSO; and the incorporation by reference of 
the September 5, 2018, letter documenting the new Army authorizing 
official for this license.
    The staff found that the requested license amendment is in 
accordance with the standards and requirements of the Atomic Energy Act 
of 1954, as amended (the Act), as well as the NRC's rules and 
regulations.
    Therefore, the NRC amended the license to incorporate by reference 
the revised final site-specific ERMPs for Fort Polk, LA, Fort Riley, 
KS, and the PTA, HI and removed the corresponding September 2016 
versions from the

[[Page 55761]]

License Condition 11. In addition, License Condition No. 18 was amended 
to allow three months from the effective date of License Amendment No. 
3 for the Army to implement the revised final site-specific ERMPs for 
Fort Polk, LA, Fort Riley, KS, and the PTA, HI. Also, the NRC amended 
the license to incorporate by reference the December 15, 2017, letter 
clarifying sediment sample collection, as well as the February 24, 
2010, letter documenting the contact information for the License RSO, 
and the September 5, 2018, letter documenting the new Army authorizing 
official for this license. In addition, the NRC amended the license to 
address the consistent use of acronyms, initialisms, and formatting, 
and to correct grammatical errors and typographical errors.
    The NRC approved and issued Amendment No. 3 to Source Materials 
License No. SUC-1593, held by the Army for the 16 U.S. military 
installations with RCAs with Davy Crockett DU that authorizes the 
possession of DU. License Amendment No. 3 (ADAMS Accession No. 
ML18242A352) was effective as of the date of issuance.

    Dated at Rockville, Maryland, this 1st day of November, 2018.

    For the Nuclear Regulatory Commission.
Stephen Koenick,
Chief, Low-Level Waste and Projects Branch, Division of 
Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2018-24277 Filed 11-6-18; 8:45 am]
 BILLING CODE 7590-01-P



                                                                       Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices                                            55759

                                              Virginia 23681. Phone (757) 864–7863.                      • Federal Rulemaking website: Go to                requested a license amendment that
                                              Facsimile (757) 864–9190.                               http://www.regulations.gov and search                 would allow the Army to make similar
                                              SUPPLEMENTARY INFORMATION: This                         for Docket ID NRC–2018–0242. Address                  future ‘‘minor changes’’ to site-specific
                                              notice of intent to grant a partially                   questions about Docket IDs in                         ERMPs without NRC approval.
                                              exclusive patent license is issued in                   Regulations.gov to Jennifer Borges;                      In a letter dated September 18, 2017
                                              accordance with 35 U.S.C. 209(e) and 37                 telephone: 301–287–9127; email:                       (ADAMS Accession No. ML17226A205),
                                              CFR 404.7(a)(1)(i). The patent rights in                Jennifer.Borges@nrc.gov. For technical                the NRC staff (staff) informed the Army
                                              these inventions have been assigned to                  questions, contact the individual listed              that they completed their acceptance
                                              the United States of America as                         in the FOR FURTHER INFORMATION                        review of the application and found that
                                              represented by the Administrator of the                 CONTACT section of this document.                     the request to correct specific figure
                                              National Aeronautics and Space                             • NRC’s Agencywide Documents                       sizing/scaling errors in the identified
                                              Administration. The prospective                         Access and Management System                          site-specific ERMPs contains sufficient
                                              partially exclusive patent license will                 (ADAMS): You may obtain publicly-                     information for the staff to begin their
                                              comply with the requirements of 35                      available documents online in the                     detailed technical review. However, the
                                              U.S.C. 209 and 37 CFR 404.7.                            ADAMS Public Documents collection at                  staff determined that the Army’s
                                              Information about other NASA                            http://www.nrc.gov/reading-rm/                        proposal to make similar future ‘‘minor
                                              inventions available for licensing can be               adams.html. To begin the search, select               changes’’ to site-specific ERMPs without
                                              found online at http://                                 ‘‘Begin Web-based ADAMS Search.’’ For                 U.S. NRC approval did not contain
                                              technology.nasa.gov.                                    problems with ADAMS, please contact                   enough information to accept the
                                                                                                      the NRC’s Public Document Room (PDR)                  request for detailed technical review.
                                              Mark Dvorscak,                                                                                                Also in the September 18, 2017, letter,
                                                                                                      reference staff at 1–800–397–4209, 301–
                                              Agency Counsel for Intellectual Property.               415–4737, or by email to pdr.resource@                the staff informed the Army that it
                                              [FR Doc. 2018–24323 Filed 11–6–18; 8:45 am]             nrc.gov. The ADAMS accession number                   would continue to process the June 1,
                                              BILLING CODE 7510–13–P                                  for each document referenced (if it is                2017, license amendment request, to
                                                                                                      available in ADAMS) is provided the                   include the appropriate noticing in the
                                                                                                      first time that it is mentioned in this               Federal Register, without further
                                              NUCLEAR REGULATORY                                      document.                                             consideration of the ‘‘minor changes’’
                                              COMMISSION                                                 • NRC’s PDR: You may examine and                   portion of the license amendment
                                                                                                      purchase copies of public documents at                request if the Army did not provide a
                                              [Docket No. 40–9083; NRC–2018–0242]
                                                                                                      the NRC’s PDR, Room O1–F21, One                       supplement to the amendment request
                                              U.S. Army Ranges With Davy Crockett                     White Flint North, 11555 Rockville                    within 30 days for the staff to evaluate.
                                              Depleted Uranium                                        Pike, Rockville, Maryland 20852.                         On October 18, 2017, the Army
                                                                                                      FOR FURTHER INFORMATION CONTACT:                      informed the staff that it would not
                                              AGENCY:  Nuclear Regulatory                             Amy M. Snyder, Office of Nuclear                      pursue the minor changes portion of its
                                              Commission.                                             Material Safety and Safeguards, U.S.                  June 1, 2017 amendment request. In a
                                              ACTION: License amendment application;                  Nuclear Regulatory Commission,                        letter dated November 21, 2017
                                              issuance.                                               Washington, DC 20555–0001; telephone:                 (ADAMS Accession No. ML17297B156),
                                                                                                      301–415–6822, email: Amy.Snyder@                      the staff informed the Army that the
                                              SUMMARY:    The U.S. Nuclear Regulatory                                                                       NRC will not consider the ‘‘minor
                                              Commission (NRC) issued License                         nrc.gov.
                                                                                                                                                            changes’’ portion of the Army’s June 1,
                                              Amendment No. 3 to the Army. License                    SUPPLEMENTARY INFORMATION: In a letter                2017, amendment application.
                                              Amendment No. 3 makes multiple                          dated June 1, 2017 (ADAMS Accession                      On December 11, 2017, a notice of an
                                              changes to Source Materials License No.                 No. ML17158B356), the Army requested                  opportunity to request a hearing and to
                                              SUC–1596: (1) Incorporation by                          an amendment to Source Materials                      petition for leave to intervene on this
                                              reference of three revised final site-                  License No. SUC–1593 (ADAMS                           licensing proceeding was published in
                                              specific Environmental Radiation                        Accession No. ML16343A164) pursuant                   the Federal Register (82 FR 58221). No
                                              Monitoring Plans (ERMPs); (2)                           to section 40.44 of title 10 of the Code              requests were submitted.
                                              incorporation by reference of the                       of Federal Regulations (10 CFR),                         On December 15, 2017, the Army
                                              December 15, 2017, letter, clarifying                   ‘‘Amendment of Licenses at the Request                submitted supplemental information
                                              sampling procedures; (3) incorporation                  of Licensee.’’ The Army requested to                  (ADAMS Accession No. ML18009A456)
                                              by reference of the letter naming the                   replace the three annexes to the                      clarifying how it conducts sediment
                                              license Radiation Safety Officer (RSO);                 programmatic environmental                            sample collection. This submittal was a
                                              (4) incorporation by reference of the                   monitoring plan (ERMP) (site-specific                 voluntary response to a NRC Petition
                                              letter naming the new Army licensing                    ERMPs) with revised final versions,                   Review Board’s question about sediment
                                              official; and (5) editorial changes to                  because the Army indicated that Figure                sample collection raised in the March
                                              correct grammar, and formatting.                        1–2, in each of the three site-specific               16, 2017, 10 CFR 2.206 petition
                                              License Amendment No. 3 was effective                   ERMPs, is incorrect due to sizing/                    (ADAMS Accession No. ML17110A308).
                                              on the date of issuance. The Army must                  scaling errors made by the Army. The                  In a letter dated January 19, 2018
                                              implement the revised final site-specific               site-specific ERMPs that the Army                     (ADAMS Accession No. ML18023A991),
                                              ERMPs within 3 months of the date of                    proposed be replaced with the revised                 the Army requested that its December
                                              issuance.                                               final site-specific ERMPs were the site-              15, 2017, clarification letter be included
                                              DATES: November 7, 2018.                                specific ERMPs for Fort Polk, LA,                     under License Condition No. 11 for
amozie on DSK3GDR082PROD with NOTICES1




                                              ADDRESSES: Please refer to Docket ID                    (Annex 11) (ADAMS Accession No.                       License Amendment No. 3. This portion
                                              NRC–2018–0242 when contacting the                       ML16265A225), Fort Riley, KS, (Annex                  of License Amendment No. 3 is
                                              NRC about the availability of                           12) (ADAMS Accession No.                              administrative. An updated Federal
                                              information regarding this document.                    ML16265A226) and the Pohakuloa                        Register notice (FRN) was not required
                                              You may obtain publicly-available                       Training Area (PTA), HI (Annex 17)                    for this administrative change.
                                              information related to this document                    (ADAMS Accession No. ML16265A231),                       In the March 16, 2017, 10 CFR 2.206
                                              using any of the following methods:                     dated September 2016. The Army also                   petition, a concern was raised that the


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                                              55760                    Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices

                                              PTA site has unique characteristics,                    contain the corresponding proposed                    information in the letter does not
                                              such as ‘‘recent’’ lava flows, as exhibited             revised Figures 1.2, are consistent with              involve any new actions which were not
                                              by a vein of dark color that intersects                 the previously approved programmatic                  already previously approved, and that
                                              the PTA radiation controlled area                       approach for preparation of site-specific             the clarifying information would not
                                              (RCAs) where the Davy Crockett                          ERMPs pursuant to Source Materials                    modify the current requirements and
                                              depleted uranium (DU) is located, that                  License No. SUC–1593, Amendment No.                   commitments. The staff determined that
                                              should be taken into consideration to                   1. The staff found that the proposed                  the December 15, 2017, clarifying letter
                                              confirm that surface water flow is not                  changes do not impact the dose                        should be incorporated by reference in
                                              impeded by the recent lava flow and                     assessment verification because the                   License Condition No. 11. This portion
                                              thereby sediment collection is possible                 bounding public dose assessment was                   of License Amendment No. 3 is
                                              in the proposed PTA sediment sampling                   not impacted due to change of sampling                administrative.
                                              location designated by the Army. The                    locations at the identified facilities. The              The staff determined that
                                              concern that the sediment sampling                      staff found the proposed three revised                incorporation of the contact information
                                              location at the PTA site was                            final site-specific ERMPs to be adequate              of the License RSO, at the request of
                                              unacceptable was not accepted by the                    for monitoring for transport of DU from               staff, and the new Army authorizing
                                              Director of the Office of Nuclear                       the RCAs or ranges where the Davy                     official for this license would not affect
                                              Material Safety and Safeguards in this                  Crockett DU is located.                               what was already approved in previous
                                              petition process because the staff’s                       The staff found that the Army’s                    licensing actions and the information
                                              evaluation of the Army’s request to                     survey programs, as proposed to be                    would not impact the current
                                              change the sediment sampling location                   modified by the June 1, 2017                          requirements and commitments. The
                                              at the PTA was underway in which the                    application, would result in a change of              staff concluded that the contact
                                              petitioner could be a party and through                 sediment and surface water sampling                   information for the License RSO and the
                                              which the petitioner’s concerns could                   locations at Fort Polk and Fort Riley,                new Army authorizing official for this
                                              be addressed. The staff considered in its               and a change in the sediment sampling                 license should be incorporated by
                                              review for this licensing action the                    location at the PTA. The staff found that             reference in License Condition No. 11.
                                              petitioner’s comment asserting that the                 these changes are reasonable under the                This portion of License Amendment No.
                                              sediment sampling location at the PTA                   circumstances to evaluate the                         3 is administrative.
                                              is inappropriate due to recent lava flows               magnitude and extent of radiation                        In the course of its review, the staff
                                              that present a formidable barrier to flow               levels; the concentrations or quantities              identified other administrative changes
                                              (ADAMS Accession No. ML17279A082).                      of residual radioactivity; and the                    that should be made to the license.
                                                 Also, the NRC staff requested that the               potential radiological hazards of the                 These changes consisted of modification
                                              License RSO contact information be                      radiation levels and residual                         of sentences to ensure consistent use of
                                              incorporated by reference in the license                radioactivity detected at these                       acronyms and initialism, formatting
                                              consistent with NUREG–1556, Vol. 7,                     installations.                                        changes, or and correction of
                                              Rev. 1 ‘‘Consolidated Guidance About                       The staff determined that the current              grammatical or typographical errors.
                                              Material Licenses: Program Specific                     lava flows in the vicinity of the PTA                 The staff confirmed that these changes
                                              Guidance About Academic, Research                       RCAs (those that transect the RCA area)               would not change any requirements or
                                              and Development, and Other Licenses of                  do not act as an impenetrable barrier to              commitments or add new requirements
                                              Limited Scope, Including Electron                       surface water flow towards the general                or commitments. This portion of
                                              Capture Devices and X-Ray                               direction of the proposed sediment                    License Amendment No. 3 is
                                              Fluorescence Analyzers’’ and past                       sample location.                                      administrative.
                                              practice for materials licensees managed                   The staff found the reference to the                  The staff concluded that the findings
                                              by regional NRC staff. In addition, in a                site-specific ERMPs for Fort Polk, LA,                described in the staff’s SER report
                                              letter dated September 5, 2018, the                     Fort Riley, KS, and the PTA, HI, should               support the issuance of a license
                                              Army informed the staff of the                          be removed from License Condition No.                 amendment requiring the use of the
                                              appointment of a new Army Installation                  11 in the Source Materials License No.                three revised final site-specific ERMPs
                                              Management Command Commander.                           SUC–1593. The proposed revised final                  by incorporation by reference; the
                                              This position is the authorizing official               site-specific ERMPs for Fort Polk, LA,                incorporation by reference of the
                                              for this license and the letter was                     Fort Riley, KS, and the PTA, HI, and the              December 15, 2017, letter clarifying
                                              incorporated by reference in License                    December 15, 2017, letter, clarifying                 sediment sample collection; the
                                              Condition No. 11 of License                             sediment sample collection should be                  incorporation by reference of the
                                              Amendment No. 3.                                        incorporated by reference in License                  February 24, 2010, letter documenting
                                                 Because the staff considered the                     Condition No. 11 instead. In addition,                the contact information for the License
                                              amendment an action related to the                      the staff determined that License                     RSO; and the incorporation by reference
                                              possession and management of DU                         Condition No. 18 should be modified to                of the September 5, 2018, letter
                                              military munitions, change in licensing                 allow additional time from the effective              documenting the new Army authorizing
                                              official and License RSO, and                           date of License Amendment No. 3 for                   official for this license.
                                              administrative changes, the proceeding                  the Army to implement the revised final                  The staff found that the requested
                                              was considered to fall within the                       site-specific ERMPs for Fort Polk, LA,                license amendment is in accordance
                                              Categorical Exclusions under 10 CFR                     Fort Riley, KS, and the PTA, HI due to                with the standards and requirements of
                                              51.22(c)(14)(xv), 10 CFR 51.22(c)(10(iv),               the change in sampling locations. The                 the Atomic Energy Act of 1954, as
                                              and 10 CFR 51.22(c)(10)(v), respectively.               staff believe that three additional                   amended (the Act), as well as the NRC’s
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                                                 The NRC staff completed a safety                     months is sufficient for this purpose.                rules and regulations.
                                              evaluation report (SER) (ADAMS                          The Army agreed with the proposed                        Therefore, the NRC amended the
                                              Accession No. ML18158A324) of the                       license conditions (ADAMS Accession                   license to incorporate by reference the
                                              license amendment request. The staff                    Nos. ML18158A230 and                                  revised final site-specific ERMPs for
                                              found that the proposed revised final                   ML18158A284).                                         Fort Polk, LA, Fort Riley, KS, and the
                                              site-specific ERMPs for Fort Polk, LA,                     The staff determined that the                      PTA, HI and removed the corresponding
                                              Fort Riley, KS, and the PTA, HI, which                  December 15, 2017, clarifying                         September 2016 versions from the


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                                                                       Federal Register / Vol. 83, No. 216 / Wednesday, November 7, 2018 / Notices                                                       55761

                                              License Condition 11. In addition,                        4. Executive Session—Discussion of                    I. Self-Regulatory Organization’s
                                              License Condition No. 18 was amended                    prior agenda items and Board                            Statement of the Terms of Substance of
                                              to allow three months from the effective                governance.                                             the Proposed Rule Change
                                              date of License Amendment No. 3 for
                                                                                                      Wednesday, November 14, 2018, at 8:30                      The Exchange proposes to (a) relocate
                                              the Army to implement the revised final
                                                                                                      a.m. (Open)                                             the ISE Schedule of Fees and current
                                              site-specific ERMPs for Fort Polk, LA,
                                                                                                        1. Remarks of the Chairman of the                     Rule 213 to the Exchange’s rulebook’s
                                              Fort Riley, KS, and the PTA, HI. Also,
                                                                                                      Temporary Emergency Committee of the                    (‘‘Rulebook’’) shell structure,3 and (b)
                                              the NRC amended the license to
                                                                                                      Board.                                                  make conforming cross-reference
                                              incorporate by reference the December
                                                                                                        2. Remarks of the Postmaster General                  changes throughout the Rulebook.
                                              15, 2017, letter clarifying sediment
                                                                                                      and CEO.                                                   The text of the proposed rule change
                                              sample collection, as well as the
                                                                                                        3. Approval of Minutes of Previous                    is available on the Exchange’s website at
                                              February 24, 2010, letter documenting
                                                                                                      Meetings.                                               http://ise.cchwallstreet.com/, at the
                                              the contact information for the License
                                                                                                        4. Committee Reports.                                 principal office of the Exchange, and at
                                              RSO, and the September 5, 2018, letter
                                                                                                        5. FY2018 10K and Financial                           the Commission’s Public Reference
                                              documenting the new Army authorizing
                                                                                                      Statements.                                             Room.
                                              official for this license. In addition, the
                                              NRC amended the license to address the                    6. FY2019 IFP and Financing                           II. Self-Regulatory Organization’s
                                              consistent use of acronyms, initialisms,                Resolution.                                             Statement of the Purpose of, and
                                              and formatting, and to correct                            7. FY2020 Appropriations Request.                     Statutory Basis for, the Proposed Rule
                                              grammatical errors and typographical                      8. Quarterly Service Performance                      Change
                                              errors.                                                 Report.
                                                                                                        9. Approval of Annual Report and                        In its filing with the Commission, the
                                                 The NRC approved and issued
                                                                                                      Comprehensive Statement.                                Exchange included statements
                                              Amendment No. 3 to Source Materials
                                                                                                        10. Draft Agenda for February                         concerning the purpose of and basis for
                                              License No. SUC–1593, held by the
                                                                                                      meetings.                                               the proposed rule change and discussed
                                              Army for the 16 U.S. military
                                                                                                        11. Public Comment Period.                            any comments it received on the
                                              installations with RCAs with Davy
                                                                                                                                                              proposed rule change. The text of these
                                              Crockett DU that authorizes the                         CONTACT PERSON FOR MORE INFORMATION:
                                                                                                                                                              statements may be examined at the
                                              possession of DU. License Amendment                     Acting Secretary of the Board, U.S.                     places specified in Item IV below. The
                                              No. 3 (ADAMS Accession No.                              Postal Service, 475 L’Enfant Plaza SW,                  Exchange has prepared summaries, set
                                              ML18242A352) was effective as of the                    Washington, DC 20260–1000.                              forth in sections A, B, and C below, of
                                              date of issuance.                                       Telephone: (202) 268–4800.                              the most significant aspects of such
                                                Dated at Rockville, Maryland, this 1st day            Michael J. Elston,                                      statements.
                                              of November, 2018.
                                                                                                      Acting Secretary.                                       A. Self-Regulatory Organization’s
                                                For the Nuclear Regulatory Commission.
                                                                                                      [FR Doc. 2018–24487 Filed 11–5–18; 4:15 pm]             Statement of the Purpose of, and
                                              Stephen Koenick,
                                                                                                      BILLING CODE 7710–12–P                                  Statutory Basis for, the Proposed Rule
                                              Chief, Low-Level Waste and Projects Branch,
                                              Division of Decommissioning, Uranium
                                                                                                                                                              Change
                                              Recovery and Waste Programs, Office of                                                                          1. Purpose
                                              Nuclear Material Safety and Safeguards.
                                                                                                      SECURITIES AND EXCHANGE                                    The Exchange proposes to relocate the
                                              [FR Doc. 2018–24277 Filed 11–6–18; 8:45 am]
                                                                                                      COMMISSION                                              entire ISE Schedule of Fees and Rule
                                              BILLING CODE 7590–01–P
                                                                                                                                                              213 to the Exchange’s shell structure;
                                                                                                      [Release No. 34–84522; File No. SR–ISE–                 specifically, the Exchange will relocate
                                                                                                      2018–89]                                                the aforementioned rules to the Options
                                              POSTAL SERVICE                                                                                                  7 (‘‘Pricing Schedule’’) section of the
                                                                                                      Self-Regulatory Organizations; Nasdaq                   shell. In addition, the Exchange will
                                              Temporary Emergency Committee of                        ISE, LLC; Notice of Filing and                          make conforming cross-reference
                                              the Board of Governors; Sunshine Act                    Immediate Effectiveness of Proposed                     changes throughout the Rulebook.
                                              Meeting                                                 Rule Change To Relocate the
                                                                                                      Exchange’s Pricing Schedule                             (a) Relocation of Rules
                                              DATES AND TIMES:  Tuesday, November
                                                                                                      November 1, 2018.                                          As indicated, the Exchange, as part of
                                              13, 2018, at 10:30 a.m.; and Wednesday,
                                                                                                         Pursuant to Section 19(b)(1) of the                  its continued effort to promote
                                              November 14, 2018, at 8:30 a.m.
                                                                                                      Securities Exchange Act of 1934                         efficiency and the conformity of its
                                              PLACE: Washington, DC, at U.S. Postal                                                                           processes with those of the Affiliated
                                              Service Headquarters, 475 L’Enfant                      (‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                                                                      notice is hereby given that on October                  Exchanges, and the goal of harmonizing
                                              Plaza SW, in the Benjamin Franklin                                                                              and uniformizing its rules, proposes to
                                              Room.                                                   23, 2018, Nasdaq ISE, LLC (‘‘ISE’’ or
                                                                                                      ‘‘Exchange’’) filed with the Securities                 relocate the Schedule of Fees and ISE
                                              STATUS: Tuesday, November 13, 2018,                                                                             Rule 213 under Options 7, Pricing
                                                                                                      and Exchange Commission
                                              at 10:30 a.m.; Wednesday, November 14,                  (‘‘Commission’’) the proposed rule                      Schedule, of the shell structure.
                                              2018, at 8:30 a.m.—Open.                                change as described in Items I and II
                                                                                                                                                                 3 In 2017, the Exchange added a shell structure to
                                              Matters To Be Considered                                below, which Items have been prepared
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                                                                                                                                                              its Rulebook with the purpose of improving
                                                                                                      by the Exchange. The Commission is                      efficiency and readability and to align its rules
                                              Tuesday, November 13, 2018, at 10:30                    publishing this notice to solicit                       closer to those of its five sister exchanges, The
                                              a.m. (Closed)                                           comments on the proposed rule change                    Nasdaq Stock Market LLC; Nasdaq BX, Inc.; Nasdaq
                                               1. Strategic Issues.                                   from interested persons.                                PHLX LLC; Nasdaq GEMX, LLC; and Nasdaq MRX,
                                                                                                                                                              LLC (‘‘Affiliated Exchanges’’). See Securities
                                               2. Financial Matters.                                                                                          Exchange Act Release No. 82173 (November 29,
                                               3. Compensation and Personnel                            1 15   U.S.C. 78s(b)(1).                              2017), 82 FR 57505 (December 5, 2017) (SR–ISE–
                                              Matters.                                                  2 17   CFR 240.19b–4.                                 2017–102).



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Document Created: 2018-11-07 00:05:18
Document Modified: 2018-11-07 00:05:18
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; issuance.
DatesNovember 7, 2018.
ContactAmy M. 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 Citation83 FR 55759 

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