Notice of Consideration of Amendment Request for Decommissioning of the Sigma-Aldrich Chemical Company's Fort Mims Facility, Maryland Heights, MO and Opportunity To Request a Hearing, 79520-79522 [E8-30775]
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Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
information in accordance with 10 CFR
Part 2, ‘‘Rules of Practice for Domestic
Licensing Proceedings and Issuance of
Orders,’’ and 10 CFR Part 52 that is
acceptable for docketing. The Docket
Number established is 52–039.
The NRC staff will perform a detailed
technical review of the application.
Docketing of the application does not
preclude the NRC from requesting
additional information from the
applicant as the review proceeds, nor
does it predict whether the Commission
will grant or deny the application. The
Commission will conduct a hearing in
accordance with Subpart L, ‘‘Informal
Hearing Procedures for NRC
Adjudications,’’ of 10 CFR Part 2 and
will receive a report on the COL
application from the Advisory
Committee on Reactor Safeguards in
accordance with 10 CFR 52.87, ‘‘Referral
to the Advisory Committee on Reactor
Safeguards (ACRS).’’ If the Commission
finds that the COL application meets the
applicable standards of the Atomic
Energy Act and the Commission’s
regulations, and that required
notifications to other agencies and
bodies have been made, the Commission
will issue a COL, in the form and
containing conditions and limitations
that the Commission finds appropriate
and necessary.
In accordance with 10 CFR part 51,
the Commission will also prepare an
environmental impact statement for the
proposed action. Pursuant to 10 CFR
51.26, and as part of the environmental
scoping process, the staff intends to
hold a public scoping meeting. Detailed
information regarding this meeting will
be included in a future Federal Register
notice.
Finally, the Commission will
announce in a future Federal Register
notice the opportunity to petition for
leave to intervene in the hearing
required for this application by 10 CFR
52.85.
Documents may be examined, and/or
copied for a fee, at the NRC’s Public
Document Room (PDR), located at One
White Flint North, Public File Area O1
F21, 11555 Rockville Pike (first floor),
Rockville, Maryland, and will be
accessible electronically through the
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room link at the
NRC Web site https://www.nrc.gov/
reading-rm/adams.html. The
application is also available at https://
www.nrc.gov/reactors/new-reactors/
col.html. Persons who do not have
access to ADAMS or who encounter
problems in accessing documents
located in ADAMS should contact the
NRC PDR Reference staff by telephone
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at 1–800–397–4209, 301–415–4737, or
by e-mail to pdr@nrc.gov.
Dated at Rockville, Maryland this 19th day
of December 2008.
For the Nuclear Regulatory Commission.
Michael A. Canova,
Project Manager, U.S. EPR Projects Branch,
Division of New Reactor Licensing, Office of
New Reactors.
[FR Doc. E8–30776 Filed 12–24–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–10716]
Notice of Consideration of Amendment
Request for Decommissioning of the
Sigma-Aldrich Chemical Company’s
Fort Mims Facility, Maryland Heights,
MO and Opportunity To Request a
Hearing
AGENCY: Nuclear Regulatory
Commission.
ACTION: Notice of amendment request
and opportunity to request a hearing.
DATES: A request for a hearing must be
filed by February 27, 2009.
FOR FURTHER INFORMATION CONTACT:
George M. McCann, Senior Health
Physicist, Materials Control, ISFSI, and
Decommissioning Branch, Division of
Nuclear Materials Safety, Region III,
U.S. Nuclear Regulatory Commission,
2443 Warrenville Road, Lisle, Illinois
60532; Telephone: (630) 829–9856; fax
number: (630) 515–1259; or e-mail:
mike.mccann@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is considering issuance of a
license amendment to Byproduct
Material License No. 24–16273–01
issued to the Sigma-Aldrich Chemical
Company (the Licensee) pursuant to 10
CFR Part 30. By application dated
October 22, 2008, the Licensee
requested authorization to
decommission its Fort Mims Facility,
(the Facility) at 11452 Fort Mims Drive,
Maryland Heights, Missouri, under its
proposed Decommissioning Plan (DP)
submitted as part of the application (see
ADAMS ML083010187).
The two-story Facility consists of
approximately 20,000 square feet of
laboratory and office space. The Facility
is located on a 1 acre parcel in a
commercial/light industrial park.
Radioactive materials were used in
specific areas within this Facility since
1975. Actual production activities were
suspended at the facility on September
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30, 2008. Radioactive materials usage at
the site consisted of research and
development activities as defined in 10
CFR 30.4 and storage, processing and
use in the production of labeled
compounds for distribution to
authorized recipients. The radioactive
materials used at the Fort Mims facility
consisted of carbon-14 and hydrogen-3.
An NRC administrative review,
documented in a letter to the SigmaAldrich Chemical Company dated
November 25, 2008, found the DP
acceptable to begin a technical review.
If the NRC approves the DP, the
approval will be documented in an
amendment to NRC License No. 24–
16273–01. However, before approving
the proposed amendment, the NRC will
need to make the findings required by
the Atomic Energy Act of 1954, as
amended, and NRC’s regulations. These
findings will be documented in a Safety
Evaluation Report and an
Environmental Assessment and/or an
Environmental Impact Statement. After
the Commission verifies that the release
criteria have been met, the Facility
Operating License No. 24–16273–01
will be terminated.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that
this is a proceeding on an application
for a license amendment regarding the
decommissioning of the Licensee’s Fort
Mims Facility. Any person whose
interest may be affected by this
proceeding, and who desires to
participate as a party, must file a request
for a hearing and a specification of the
contentions which the person seeks to
have litigated in the hearing, in
accordance with the NRC E-Filing rule,
which the NRC promulgated in August
2007 (72 FR 49139, Aug. 28, 2007). The
E-Filing rule requires participants to
submit and serve documents over the
internet or in some cases to mail copies
on electronic storage media. Participants
may not submit paper copies of their
filings unless they seek a waiver in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
petitioner/requester must contact the
Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request (1) a
digital ID certificate, which allows the
participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
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dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
petitioner/requester (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requester will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requester has
obtained a digital ID certificate, had a
docket created, and downloaded the EIE
viewer, it can then submit a request for
hearing or petition for leave to
intervene. Submissions should be in
Portable Document Format (PDF) in
accordance with NRC guidance
available on the NRC public Web site at
https://www.nrc.gov/site-help/
e-submittals.html. A filing is considered
complete at the time the filer submits its
documents through EIE. To be timely,
an electronic filing must be submitted to
the EIE 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 e-mail notice
confirming receipt of the document. The
EIE system also distributes an e-mail
notice that provides access to the
document to the NRC Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the documents on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC Web site
at https://www.nrc.gov/site-help/
e-submittals.html or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
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13:19 Dec 24, 2008
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Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass 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.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(c)(1)(viii). To be
timely, filings must be submitted no
later than 11:59 p.m. Eastern Time on
the due date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
social security numbers in their filings.
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.
The formal requirements for
documents contained in 10 CFR
2.304(c)–(e) must be met. If the NRC
grants an electronic document
exemption in accordance with 10 CFR
2.302(g)(3), then the requirements for
paper documents, set forth in 10 CFR
2.304(b) must be met.
In accordance with 10 CFR 2.309(b),
a request for a hearing must be filed by
February 27, 2009.
In addition to meeting other
applicable requirements of 10 CFR
2.309, the general requirements
involving a request for a hearing filed by
a person other than an applicant must
state:
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79521
1. The name, address, and telephone
number of the requester;
2. The nature of the requester’s right
under the Act to be made a party to the
proceeding;
3. The nature and extent of the
requester’s property, financial, or other
interest in the proceeding;
4. The possible effect of any decision
or order that may be issued in the
proceeding on the requester’s interest;
and
5. The circumstances establishing that
the request for a hearing is timely in
accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309(f)(1),
a request for hearing or petitions for
leave to intervene must set forth with
particularity the contentions sought to
be raised. For each contention, the
request or petition must:
1. Provide a specific statement of the
issue of law or fact to be raised or
controverted;
2. Provide a brief explanation of the
basis for the contention;
3. Demonstrate that the issue raised in
the contention is within the scope of the
proceeding;
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requester’s/petitioner’s
position on the issue and on which the
requester/petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. This information must include
references to specific portions of the DP
that the requester/petitioner disputes
and the supporting reasons for each
dispute, or, if the requester/petitioner
believes the application fails to contain
information on a relevant matter as
required by law, the identification of
each failure and the supporting reasons
for the requester’s/petitioner’s belief.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so, in accordance with the E-Filing rule,
within ten days of the date the
contention is filed, and designate a
representative who shall have the
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Federal Register / Vol. 73, No. 249 / Monday, December 29, 2008 / Notices
authority to act for the requester/
petitioner.
In accordance with 10 CFR 2.309(g),
a request for hearing and/or petition for
leave to intervene may also address the
selection of the hearing procedures,
taking into account the provisions of 10
CFR 2.310.
III. Further Information
Documents related to this action,
including the application for
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this notice are:
Submittal Letter dated October 22,
2008: ML083010187.
Sigma-Aldrich Fort Mims Facility
Decontamination and Decommissioning
Plan: ML083010187.
Sigma-Aldrich Fort Mims Facility Soil
Sampling and Analysis Plan:
ML083010187.
If you do not have access to ADAMS
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov. These documents
may also be viewed electronically on
the public computers located at the
NRC’s PDR, O 1 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
MD 20852. The PDR reproduction
contractor will copy documents for a
fee.
Dated at Lisle, Illinois, this 8th day of
December 2008.
For the Nuclear Regulatory Commission.
Christine A. Lipa,
Chief, Materials Control, ISFSI and
Decommissioning Branch, Division of Nuclear
Materials Safety, Region III.
[FR Doc. E8–30775 Filed 12–24–08; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
Rule 22c–2, SEC File No. 270–541, OMB
Control No. 3235–0620.
Notice is hereby given that pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) the Securities
and Exchange Commission (the
‘‘Commission’’) is soliciting comments
on the collection of information
summarized below. The Commission
plans to submit this existing collection
of information to the Office of
Management and Budget for extension
and approval.
Rule 22c–2 (17 CFR 270.22c–2
‘‘Mutual Fund Redemption Fees’’)
under the Investment Company Act of
1940 (15 U.S.C. 80a) (the ‘‘Investment
Company Act’’ or ‘‘Act’’) requires the
board of directors (including a majority
of independent directors) of most
registered investment companies
(‘‘funds’’) to either approve a
redemption fee of up to two percent or
determine that imposition of a
redemption fee is not necessary or
appropriate for the fund. Rule 22c–2
also requires a fund to enter into written
agreements with their financial
intermediaries (such as broker-dealers
and retirement plan administrators)
under which the fund, upon request,
can obtain certain shareholder identity
and trading information from the
intermediaries. The written agreement
must also allow the fund to direct the
intermediary to prohibit further
purchases or exchanges by specific
shareholders that the fund has
identified as being engaged in
transactions that violate the fund’s
market timing policies. These
requirements enable funds to obtain the
information that they need to monitor
the frequency of short-term trading in
omnibus accounts and enforce their
market timing policies.
The rule includes three ‘‘collections
of information’’ within the meaning of
the Paperwork Reduction Act of 1995
(‘‘PRA’’).1 First, the rule requires boards
to either approve a redemption fee of up
to two percent or determine that
imposition of a redemption fee is not
necessary or appropriate for the fund.
Second, funds must enter into
information sharing agreements with all
of their ‘‘financial intermediaries’’ 2 and
1 44
U.S.C. 3501–3520.
rule defines a Financial Intermediary as: (i)
Any broker, dealer, bank, or other person that holds
securities issued by the fund in nominee name; (ii)
a unit investment trust or fund that invests in the
fund in reliance on section 12(d)(i)(E) of the Act;
and (iii) in the case of a participant directed
employee benefit plan that owns the securities
issued by the fund, a retirement plan’s
administrator under section 316(A) of the Employee
Retirement Security Act of 1974 (29 U.S.C.
1002(16)(A) or any person that maintains the plans’
participant records. Financial Intermediary does not
dwashington3 on PROD1PC60 with NOTICES
2 The
Proposed Collection; Comment
Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
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maintain a copy of the written
information sharing agreement with
each intermediary in an easily
accessible place for six years. Third,
pursuant to the information sharing
agreements, funds must have systems
that enable them to request frequent
trading information upon demand from
their intermediaries, and to enforce any
restrictions on trading required by funds
under the rule.
The collections of information created
by Rule 22c–2 are necessary for funds to
effectively assess redemption fees,
enforce their policies in frequent
trading, and monitor short-term trading,
including market timing, in omnibus
accounts. These collections of
information are mandatory for funds
that redeem shares within seven days of
purchase. The collections of information
also are necessary to allow Commission
staff to fulfill its examination and
oversight responsibilities.
Rule 22c–2(a)(1) requires the board of
directors of all registered investment
companies and series thereof (except for
money market funds, ETFs, or funds
that affirmatively permit short-term
trading of its securities) to approve a
redemption fee for the fund, or instead
make a determination that a redemption
fee is either not necessary or appropriate
for the fund. Commission staff
understands that the boards of all funds
currently in operation have undertaken
this process for the funds they currently
oversee, and the rule does not require
boards to review this determination
periodically once it has been made.
Accordingly, we expect that only boards
of newly registered funds or newly
created series thereof would undertake
this determination. Commission staff
estimates that approximately 300 funds
or series thereof (excluding money
market funds and ETFs) are newly
formed each year and would need to
make this determination.
Commission staff estimates that it
takes approximately 2 hours of the
boards’ time, as a whole, to approve a
redemption fee or make the required
determination. In addition, Commission
staff estimates that it takes compliance
personnel of the fund approximately 8
hours to prepare trading, compliance,
and other information regarding the
fund’s operations to enable the board to
make its determination, and takes
internal counsel of the fund
approximately 3 hours to review this
information and present its
include any person that the fund treats as an
individual investor with respect to the fund’s
policies established for the purpose of eliminating
or reducing any dilution of the value of the
outstanding securities issued by the fund. Rule 22c–
2(c)(1).
E:\FR\FM\29DEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Notices]
[Pages 79520-79522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30775]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-10716]
Notice of Consideration of Amendment Request for Decommissioning
of the Sigma-Aldrich Chemical Company's Fort Mims Facility, Maryland
Heights, MO and Opportunity To Request a Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of amendment request and opportunity to request a
hearing.
-----------------------------------------------------------------------
DATES: A request for a hearing must be filed by February 27, 2009.
FOR FURTHER INFORMATION CONTACT: George M. McCann, Senior Health
Physicist, Materials Control, ISFSI, and Decommissioning Branch,
Division of Nuclear Materials Safety, Region III, U.S. Nuclear
Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532;
Telephone: (630) 829-9856; fax number: (630) 515-1259; or e-mail:
mike.mccann@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering issuance of
a license amendment to Byproduct Material License No. 24-16273-01
issued to the Sigma-Aldrich Chemical Company (the Licensee) pursuant to
10 CFR Part 30. By application dated October 22, 2008, the Licensee
requested authorization to decommission its Fort Mims Facility, (the
Facility) at 11452 Fort Mims Drive, Maryland Heights, Missouri, under
its proposed Decommissioning Plan (DP) submitted as part of the
application (see ADAMS ML083010187).
The two-story Facility consists of approximately 20,000 square feet
of laboratory and office space. The Facility is located on a 1 acre
parcel in a commercial/light industrial park. Radioactive materials
were used in specific areas within this Facility since 1975. Actual
production activities were suspended at the facility on September 30,
2008. Radioactive materials usage at the site consisted of research and
development activities as defined in 10 CFR 30.4 and storage,
processing and use in the production of labeled compounds for
distribution to authorized recipients. The radioactive materials used
at the Fort Mims facility consisted of carbon-14 and hydrogen-3.
An NRC administrative review, documented in a letter to the Sigma-
Aldrich Chemical Company dated November 25, 2008, found the DP
acceptable to begin a technical review.
If the NRC approves the DP, the approval will be documented in an
amendment to NRC License No. 24-16273-01. However, before approving the
proposed amendment, the NRC will need to make the findings required by
the Atomic Energy Act of 1954, as amended, and NRC's regulations. These
findings will be documented in a Safety Evaluation Report and an
Environmental Assessment and/or an Environmental Impact Statement.
After the Commission verifies that the release criteria have been met,
the Facility Operating License No. 24-16273-01 will be terminated.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a license amendment regarding the decommissioning of
the Licensee's Fort Mims Facility. Any person whose interest may be
affected by this proceeding, and who desires to participate as a party,
must file a request for a hearing and a specification of the
contentions which the person seeks to have litigated in the hearing, in
accordance with the NRC E-Filing rule, which the NRC promulgated in
August 2007 (72 FR 49139, Aug. 28, 2007). The E-Filing rule requires
participants to submit and serve documents over the internet or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek a waiver in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requester
must contact the Office of the Secretary by e-mail at
HEARINGDOCKET@NRC.GOV, or by calling (301) 415-1677, to request (1) a
digital ID certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and/or (2)
creation of an electronic docket for the proceeding (even in instances
in which the
[[Page 79521]]
petitioner/requester (or its counsel or representative) already holds
an NRC-issued digital ID certificate). Each petitioner/requester will
need to download the Workplace Forms Viewer\TM\ to access the
Electronic Information Exchange (EIE), a component of the E-Filing
system. The Workplace Forms Viewer\TM\ is free and is available at
https://www.nrc.gov/site-help/e-submittals/install-viewer.html.
Information about applying for a digital ID certificate is available on
NRC's public Web site at https://www.nrc.gov/site-help/e-submittals/
apply-certificates.html.
Once a petitioner/requester has obtained a digital ID certificate,
had a docket created, and downloaded the EIE viewer, it can then submit
a request for hearing or petition for leave to intervene. Submissions
should be in Portable Document Format (PDF) in accordance with NRC
guidance available on the NRC public Web site at https://www.nrc.gov/
site-help/e-submittals.html. A filing is considered complete at the
time the filer submits its documents through EIE. To be timely, an
electronic filing must be submitted to the EIE 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 e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC Office of the General Counsel and any others
who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC Web site at https://www.nrc.gov/
site-help/e-submittals.html or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format. Such
filings must be submitted by: (1) First class mail addressed to the
Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(c)(1)(viii). To be timely, filings must be submitted no
later than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include social
security numbers in their filings. 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.
The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in
accordance with 10 CFR 2.302(g)(3), then the requirements for paper
documents, set forth in 10 CFR 2.304(b) must be met.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by February 27, 2009.
In addition to meeting other applicable requirements of 10 CFR
2.309, the general requirements involving a request for a hearing filed
by a person other than an applicant must state:
1. The name, address, and telephone number of the requester;
2. The nature of the requester's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requester's property, financial, or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requester's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309(f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the DP that
the requester/petitioner disputes and the supporting reasons for each
dispute, or, if the requester/petitioner believes the application fails
to contain information on a relevant matter as required by law, the
identification of each failure and the supporting reasons for the
requester's/petitioner's belief.
Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requesters/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/petitioner
must do so, in accordance with the E-Filing rule, within ten days of
the date the contention is filed, and designate a representative who
shall have the
[[Page 79522]]
authority to act for the requester/petitioner.
In accordance with 10 CFR 2.309(g), a request for hearing and/or
petition for leave to intervene may also address the selection of the
hearing procedures, taking into account the provisions of 10 CFR 2.310.
III. Further Information
Documents related to this action, including the application for
amendment and supporting documentation, are available electronically at
the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's Agencywide
Document Access and Management System (ADAMS), which provides text and
image files of NRC's public documents. The ADAMS accession numbers for
the documents related to this notice are:
Submittal Letter dated October 22, 2008: ML083010187.
Sigma-Aldrich Fort Mims Facility Decontamination and
Decommissioning Plan: ML083010187.
Sigma-Aldrich Fort Mims Facility Soil Sampling and Analysis Plan:
ML083010187.
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr.resource@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at Lisle, Illinois, this 8th day of December 2008.
For the Nuclear Regulatory Commission.
Christine A. Lipa,
Chief, Materials Control, ISFSI and Decommissioning Branch, Division of
Nuclear Materials Safety, Region III.
[FR Doc. E8-30775 Filed 12-24-08; 8:45 am]
BILLING CODE 7590-01-P
