Notice of License Application Request of U.S. Army Installation Command for Schofield Barracks, Oahu, HI, and Pohakuloa Training Area, Island of Hawaii, HI; and Notice of Opportunity for Hearing, 40855-40857 [E9-19449]

Download as PDF Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices guides currently being developed or improvements in all published guides are encouraged at any time. Electronic copies of DG–5029 are available through the NRC’s public Web site under Draft Regulatory Guides in the ‘‘Regulatory Guides’’ collection of the NRC’s Electronic Reading Room at http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also available in ADAMS (http:// www.nrc.gov/reading-rm/adams.html), under Accession No. ML091670070. In addition, regulatory guides are available for inspection at the NRC’s Public Document Room (PDR) located at 11555 Rockville Pike, Rockville, Maryland. The PDR’s mailing address is USNRC PDR, Washington, DC 20555– 0001. The PDR can also be reached by telephone at (301) 415–4737 or (800) 397–4205, by fax at (301) 415–3548, and by e-mail to pdr.resource@nrc.gov. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. Dated at Rockville, Maryland, this 6th day of August, 2009. For the Nuclear Regulatory Commission. John N. Ridgely, Acting Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E9–19458 Filed 8–12–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0352; Docket No. 40–9083] Notice of License Application Request of U.S. Army Installation Command for Schofield Barracks, Oahu, HI, and Pohakuloa Training Area, Island of Hawaii, HI; and Notice of Opportunity for Hearing erowe on DSK5CLS3C1PROD with NOTICES AGENCY: Nuclear Regulatory Commission. ACTION: Notice of license application and opportunity to request a hearing. DATES: A request for a hearing must be filed by October 13, 2009. FOR FURTHER INFORMATION CONTACT: John Hayes, Senior Project Manager, Materials Decommissioning Branch, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: (301) 415–5928; fax number: (301) 415– 5369; e-mail: John.Hayes@nrc.gov. SUPPLEMENTARY INFORMATION: VerDate Nov<24>2008 15:29 Aug 12, 2009 Jkt 217001 I. Introduction By letters dated November 6, 2008, and July 8, 2009, the U.S. Army Installation Command submitted a Source Material License application to the Nuclear Regulatory Commission (NRC), for the Schofield Barracks and Pohakuloa Training Area (PTA) sites in Oahu and the Island of Hawaii, Hawaii. This license application is for possession of depleted uranium (DU) due to the potential for residual DU to be at various Army Installations where testing of the M101 Spotting Round has occurred. An NRC administrative review, documented in a letter to the U.S. Army Installation Command dated August 3, 2009, found the generic and site specific security and environmental radiation monitoring plans submitted by the applicant acceptable to begin a technical and environmental review. Before approving the license application, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended, and the NRC’s regulations. These findings will be documented in a Safety Evaluation Report (SER) and a site-specific Environmental Review consistent with the provisions of 10 CFR Part 51. II. Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding on an application for a source material license submitted by the U.S. Army Installation Command to possess depleted uranium at the Schofield Barracks and PTA sites in Oahu and the Island of Hawaii, Hawaii. 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 EFiling rule, which the NRC promulgated on August 28, 2007 (72 FR 49139). All documents filed in NRC adjudicatory proceedings, including documents filed by interested governmental entities participating under 10 CFR 2.315(c) and any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, must be filed in accordance with the E-Filing rule. The E-Filing rule requires participants to submit and serve all adjudicatory documents over the Internet or, in some cases, to mail copies on electronic storage media. Participants may not submit paper copies of their filings unless they seek a waiver in accordance with the procedures described below. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 40855 To comply with the procedural requirements of E-Filing, at least ten (10) days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by e-mail at HEARING.DOCKET@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 petitioner/requestor (or its counsel or representative) already holds an NRCissued digital ID certificate). Each petitioner/requestor 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 http://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 http://www.nrc.gov/ site-help/e-submittals/applycertificates.html. Once a petitioner/requestor 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 http://www.nrc.gov/site-help/esubmittals.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 using the agency’s adjudicatory e-filing system E:\FR\FM\13AUN1.SGM 13AUN1 erowe on DSK5CLS3C1PROD with NOTICES 40856 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices may seek assistance through the ‘‘Contact Us’’ link located on the NRC Web site at http://www.nrc.gov/sitehelp/e-submittals.html or by calling the NRC Meta-System Help Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. The Meta-System Help Desk can be contacted by telephone at 1–866–672– 7640 or by e-mail at MSHD.Resource@nrc.gov. Participants who believe that they have a good cause for not submitting documents electronically must, in accordance with 10 CFR 2.302(g), file an exemption request 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)–(viii). Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket which is available to the public at http:// 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. VerDate Nov<24>2008 15:29 Aug 12, 2009 Jkt 217001 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 October 13, 2009. In addition to meeting other applicable requirements of 10 CFR 2.309, 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 petition 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 application 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 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 supporting reasons for the requester’s/ petitioner’s belief. In addition, in accordance with 10 CFR 2.309(f)(2), contentions must be based on documents or other information available at the time the petition is to be filed, such as the application or other supporting document filed by an applicant or licensee, or otherwise available to the petitioner. The requester/petitioner may amend those contentions or file new contentions if there are data or conclusions in the NRC documents that differ significantly from the data or conclusions in the applicant’s documents. Otherwise, contentions may be amended or new contentions filed after the initial filing only with leave of the presiding officer. 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 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 November 6, 2008, and July 8, 2009 application and the supporting documentation (i.e., Environmental Radiation Plan and Security Plan), are available electronically at the NRC’s Electronic Reading Room at http://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: ML090070095, ‘‘US Department of Army Installations Application for Materials License;’’ ML091950280, ‘‘Memorandum on Security and Environmental Radiation Monitoring Plans;’’ and ML092150316, ‘‘Acknowledgement of Receipt of Generic and Site Specific Security and Environmental Radiation Monitoring E:\FR\FM\13AUN1.SGM 13AUN1 Federal Register / Vol. 74, No. 155 / Thursday, August 13, 2009 / Notices Plans.’’ 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 Public Document Room (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 Rockville, Maryland, this 5th day of August, 2009. For the Nuclear Regulatory Commission. Keith McConnell, Deputy Director, Decommissioning and Uranium Recovery, Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E9–19449 Filed 8–12–09; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] In the Matter of V–Twin Holdings, Inc. (n/k/a Tobacco One, Inc.), Valley Media, Inc., Venturequest Group, Inc. (n/k/a Dex-Ray Resources, Inc.), Verex Laboratories, Inc., Vibro-Tech Industries, Inc., Video City, Inc., and Vidikron Technologies Group, Inc.; Order of Suspension of Trading erowe on DSK5CLS3C1PROD with NOTICES August 11, 2009. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of V–Twin Holdings, Inc. (n/k/a Tobacco One, Inc.) because it has not filed any periodic reports since the period ended March 31, 2001. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Valley Media, Inc. because it has not filed any periodic reports since the period ended September 29, 2001. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Venturequest Group, Inc. (n/k/a DexRay Resources, Inc.), because it has not filed any periodic reports since the period ended September 30, 2001. It appears to the Securities and Exchange Commission that there is a VerDate Nov<24>2008 15:29 Aug 12, 2009 Jkt 217001 lack of current and accurate information concerning the securities of Verex Laboratories, Inc. because it has not filed any periodic reports since the period ended March 31, 2002. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Vibro-Tech Industries, Inc. because it has not filed any periodic reports since it filed a Form 10–SB on January 5, 2000. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Video City, Inc. because it has not filed any periodic reports since the period ended July 31, 2003. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Vidikron Technologies Group, Inc. because it has not filed any periodic reports since the period ended March 31, 1999. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed companies. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed companies is suspended for the period from 9:30 a.m. EDT on August 11, 2009, through 11:59 p.m. EDT on August 24, 2009. By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. E9–19486 Filed 8–11–09; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60455; File No. SR–Phlx– 2009–62] Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Automatic Allocations of Options on Related Securities August 6, 2009. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 2 thereunder, notice is hereby given that on July 31, 2009, NASDAQ OMX PHLX, Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission 1 15 2 17 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00051 Fmt 4703 Sfmt 4703 40857 (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. Phlx has designated the proposed rule change as constituting a non-controversial rule change under Rule 19b–4(f)(6) under the Act,3 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend Phlx Rule 506 (Allocation Application) regarding automatic allocation of options on related securities. The text of the proposed rule change is available on the Exchange’s Web site at http:// nasdaqomxphlx.cchwallstreet.com/ NASDAQOMXPHLX/Filings/, at the principal office of the Exchange, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The amendments proposed to Phlx Rule 506 are based on and similar to Commentary .05 to AMEX Rule 27.4 The purpose of the proposed rule change is to amend Rule 506 to indicate 3 17 CFR 240.19b–4(f)(6). Securities Exchange Act Release No. 45260 (January 9, 2002), 67 FR 2255 (January 16, 2002) (SR–AMEX–2001–19) (approval order regarding AMEX Rules 26 and 27). See also Securities Exchange Act Release No. 44972 (October 23, 2001), 66 FR 55031 (October 31, 2001)(SR–AMEX–2001– 19) (notice of filing regarding, among other things, Commentary .05 to AMEX Rule 27). The American Stock Exchange LLC was purchased in 2008 by NYSE Euronext and is now known as NYSE Amex LLC (AMEX). 4 See E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 74, Number 155 (Thursday, August 13, 2009)]
[Notices]
[Pages 40855-40857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19449]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0352; Docket No. 40-9083]


Notice of License Application Request of U.S. Army Installation 
Command for Schofield Barracks, Oahu, HI, and Pohakuloa Training Area, 
Island of Hawaii, HI; and Notice of Opportunity for Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license application and opportunity to request a 
hearing.

-----------------------------------------------------------------------

DATES: A request for a hearing must be filed by October 13, 2009.

FOR FURTHER INFORMATION CONTACT: John Hayes, Senior Project Manager, 
Materials Decommissioning Branch, Division of Waste Management and 
Environmental Protection, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Telephone: (301) 415-5928; fax number: (301) 415-
5369; e-mail: John.Hayes@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    By letters dated November 6, 2008, and July 8, 2009, the U.S. Army 
Installation Command submitted a Source Material License application to 
the Nuclear Regulatory Commission (NRC), for the Schofield Barracks and 
Pohakuloa Training Area (PTA) sites in Oahu and the Island of Hawaii, 
Hawaii. This license application is for possession of depleted uranium 
(DU) due to the potential for residual DU to be at various Army 
Installations where testing of the M101 Spotting Round has occurred.
    An NRC administrative review, documented in a letter to the U.S. 
Army Installation Command dated August 3, 2009, found the generic and 
site specific security and environmental radiation monitoring plans 
submitted by the applicant acceptable to begin a technical and 
environmental review. Before approving the license application, the NRC 
will need to make the findings required by the Atomic Energy Act of 
1954, as amended, and the NRC's regulations. These findings will be 
documented in a Safety Evaluation Report (SER) and a site-specific 
Environmental Review consistent with the provisions of 10 CFR Part 51.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a source material license submitted by the U.S. Army 
Installation Command to possess depleted uranium at the Schofield 
Barracks and PTA sites in Oahu and the Island of Hawaii, Hawaii. 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 on August 28, 2007 (72 FR 49139). All 
documents filed in NRC adjudicatory proceedings, including documents 
filed by interested governmental entities participating under 10 CFR 
2.315(c) and any motion or other document filed in the proceeding prior 
to the submission of a request for hearing or petition to intervene, 
must be filed in accordance with the E-Filing rule. The E-Filing rule 
requires participants to submit and serve all adjudicatory documents 
over the Internet or, in some cases, to mail copies on electronic 
storage media. Participants may not submit paper copies of their 
filings unless they seek 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/requestor 
should contact the Office of the Secretary by e-mail at 
HEARING.DOCKET@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 petitioner/requestor (or its counsel or representative) 
already holds an NRC-issued digital ID certificate). Each petitioner/
requestor 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 http://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 http://www.nrc.gov/site-help/e-submittals/apply-certificates.html.
    Once a petitioner/requestor 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 http://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 using the agency's adjudicatory e-
filing system

[[Page 40856]]

may seek assistance through the ``Contact Us'' link located on the NRC 
Web site at http://www.nrc.gov/site-help/e-submittals.html or by 
calling the NRC Meta-System Help Desk, which is available between 8 
a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding 
government holidays. The Meta-System Help Desk can be contacted by 
telephone at 1-866-672-7640 or by e-mail at MSHD.Resource@nrc.gov.
    Participants who believe that they have a good cause for not 
submitting documents electronically must, in accordance with 10 CFR 
2.302(g), file an exemption request 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)-(viii).
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://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 October 13, 2009.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, 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 
petition 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 
application 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.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the petition is to be filed, such as the application or other 
supporting document filed by an applicant or licensee, or otherwise 
available to the petitioner. The requester/petitioner may amend those 
contentions or file new contentions if there are data or conclusions in 
the NRC documents that differ significantly from the data or 
conclusions in the applicant's documents. Otherwise, contentions may be 
amended or new contentions filed after the initial filing only with 
leave of the presiding officer.
    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 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 November 6, 2008, 
and July 8, 2009 application and the supporting documentation (i.e., 
Environmental Radiation Plan and Security Plan), are available 
electronically at the NRC's Electronic Reading Room at http://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: 
ML090070095, ``US Department of Army Installations Application for 
Materials License;'' ML091950280, ``Memorandum on Security and 
Environmental Radiation Monitoring Plans;'' and ML092150316, 
``Acknowledgement of Receipt of Generic and Site Specific Security and 
Environmental Radiation Monitoring

[[Page 40857]]

Plans.'' 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 Public Document Room (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 Rockville, Maryland, this 5th day of August, 2009.

    For the Nuclear Regulatory Commission.
Keith McConnell,
Deputy Director,
    Decommissioning and Uranium Recovery, Licensing Directorate, 
Division of Waste Management and Environmental Protection, Office of 
Federal and State Materials and Environmental Management Programs.
[FR Doc. E9-19449 Filed 8-12-09; 8:45 am]
BILLING CODE 7590-01-P