Proposed Generic Communication Draft Generic Letter on Seismic Risk Evaluations for Operating Reactors, 69294-69295 [2011-28895]
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69294
Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices
also requested that any monetary fines
be used for remediation of the Schofield
Barracks and Pohakuloa Training Areas
in Hawaii. The basis for the request was
that the U.S. Army’s license, SUB–459,
expired on October 31, 1964, and that
any DU possessed by the U.S. Army or
released into the environment after the
expiration date was an unlawful act,
subject to NRC enforcement policies.
The Petition raised a concern about
the possession of licensable quantities
of DU by the U.S. Army without an NRC
license to do so. Section 40.3 states, in
part, that persons may not receive title
to, own, receive, possess, use, transfer,
or dispose of source material unless
authorized in a specific or general
license issued by the Commission.
Contrary to 10 CFR 40.3, the U.S. Army
is in possession of DU, a source
material, in the form of spent spotting
rounds (expended prior to 1968) at
firing ranges located at Schofield
Barracks and Pohakuloa Training Area,
in Hawaii and on other U.S. Army
installations, in excess of the exempt
and general use limits, without
authorization in a specific or general
license issued by the NRC.
The Petitioner met with the FSME
Petition Review Board by teleconference
on April 14, 2010, to discuss the
Petition. The meeting gave the
Petitioner an opportunity to provide
additional information and to clarify
issues raised in the Petition. The
transcript of this meeting was treated as
a supplement to the Petition and is
available in the Agencywide Document
Access and Management System
(ADAMS) for inspection at the NRC’s
Public Document Room, O1–F21, One
White Flint North, 11555 Rockville Pike
(first floor), Rockville, Maryland 20852.
Publicly available documents created or
receive at the NRC are available online
in the NRC Library at https://
www.nrc.gov/reading-rm/adams.html.
The NRC issued a proposed Director’s
Decision (DD–11–05) dated August 8,
2011, which granted the Petition, in
part, and denied the Petition, in part.
The NRC sent a copy of the proposed
Director’s Decision to the Petitioner and
to the U.S. Army for comment on
August 8, 2011. The Petitioner
responded on August 21, 2011. The U.S.
Army did not provide comments on the
proposed Director’s Decision. The
Petitioner’s comments and the NRC
staff’s responses are included in the
Director’s Decision.
The Director of the Office of Federal
and State Materials and Environmental
Management Programs has determined
that the activities requested by the
Petitioner have been granted in part and
denied in part. The reasons for this
VerDate Mar<15>2010
16:29 Nov 07, 2011
Jkt 226001
decision are explained in the Director’s
Decision pursuant to 10 CFR 2.206 [DD–
11–05], the complete text of which is
available in ADAMS for inspection at
the NRC’s Public Document Room, O1–
F21, One White Flint North, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852. Publicly available
documents created or receive at the NRC
are available online in the NRC Library
at https://www.nrc.gov/reading-rm/
adams.html.
The Petition requested that the NRC
investigate whether, contrary to
applicable law and regulations, the U.S.
Army possessed or released into the
environment DU from spent spotting
rounds after the expiration of NRC
License SUB–459. NRC conducted an
investigation of the U.S. Army’s
possession of licensable quantities of
DU and issued a Severity Level III
Notice of Violation to the U.S. Army
(ML111680087). Consistent with NRC
Enforcement Policy (www.nrc.gov/
about-nrc/regulatory/enforcement/
enfore-pol.html) the NRC chose not to
impose any civil penalty because: (1)
The U.S. Army installations in Hawaii
have not been previously the subject of
escalated enforcement action; (2) the
U.S. Army identified and notified the
NRC of the presence of radioactive
material; and (3) the U.S. Army
implemented corrective actions in
response to the discovery of the
presence of the depleted uranium.
Therefore, insofar as the NRC has
undertaken certain activities requested
by the Petitioner, that being the
initiation of an investigation to
determine whether the U.S. Army
possesses DU in licensable quantities
without authorization from the NRC to
do so and the issuance of an
enforcement action based on that
investigation, the NRC granted that
portion of the Petition concerned with
such activities.
In addition, the Petition requested
that, if the NRC determined that a
violation occurred, to assess against the
U.S. Army the maximum penalty
permitted by law, and asked that any
assessed monetary fines be applied to
the environmental remediation of DU
contamination at the Schofield Barracks
and Pohakuloa Training Area
installations in Hawaii, if the law
provides for such action. Were the NRC
to have chosen to impose a civil
penalty, the law does not provide for the
application of that assessed civil penalty
to the environmental remediation of DU
contamination as requested by the
Petitioner. Fines assessed for violations
of NRC requirements are sent to the U.S.
Treasury. Therefore, this portion of the
Petition was denied.
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As provided in 10 CFR 2.206(c), a
copy of this Director’s Decision will be
filed with the Secretary of the
Commission for the Commission to
review. As provided for by this
regulation, the Decision will constitute
the final action of the Commission 25
days after the date of the Decision,
unless the Commission, on its own
motion, institutes a review of the
Decision within that time.
Dated at Rockville, Maryland, this 29th day
of October 2011.
For the Nuclear Regulatory Commission.
Cynthia A. Carpenter,
Deputy Director, Office of Federal and State
Materialsand Environmental Management
Programs.
[FR Doc. 2011–28889 Filed 11–7–11; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2011–0204]
Proposed Generic Communication
Draft Generic Letter on Seismic Risk
Evaluations for Operating Reactors
Nuclear Regulatory
Commission.
ACTION: Draft generic letter; extension of
comment period.
AGENCY:
On September 1, 2011 (76 FR
54507), the U.S. Nuclear Regulatory
Commission (NRC) published for public
comment Draft Generic Letter 2011–XX:
Seismic Risk Evaluations for Operating
Reactors. The public comment period
was scheduled to expire on October, 31,
2011; however, on September 16, 2011
(76 FR 57767), the NRC issued a
correction and extended the public
comment period to November 15, 2011.
In order to allow the public sufficient
time to review and comment on the
Draft Generic Letter, the NRC has
decided to extend the comment period
for the Draft Generic Letter until
December 15, 2011.
DATES: The comment period has been
extended and expires on December 15,
2011. Comments received after this date
will be considered if it is practical to do
so. The NRC is only able to assure
consideration of comments received on
or before this date.
ADDRESSES: Please include Docket ID
NRC–2011–0204 in the subject line of
your comments. For instructions on
submitting comments and accessing
documents related to this action, see
Section I, ‘‘Submitting Comments and
Accessing Information’’ in the
SUPPLEMENTARY INFORMATION section of
this document. You may submit
SUMMARY:
E:\FR\FM\08NON1.SGM
08NON1
Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Notices
comments by any one of the following
methods:
• Federal Rulemaking Web Site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2011–0204. Address questions
about NRC dockets to Carol Gallagher,
telephone: (301) 492–3668; email:
Carol.Gallagher@nrc.gov.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
• Fax comments to: RADB at (301)
492–3446.
FOR FURTHER INFORMATION CONTACT:
Kamal Manoly, Division of Engineering,
Office of Nuclear Reactor Regulation,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
(301) 415–2765, email:
Kamal.Manoly@nrc.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK4VPTVN1PROD with NOTICES
I. Submitting Comments and Accessing
Information
Comments submitted in writing or in
electronic form will be posted on the
NRC Web site and on the Federal
rulemaking Web site, https://
www.regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information and; therefore, they
should not include any information in
their comments that they do not want
publicly disclosed.
You can access publicly available
documents related to this document
using the following methods:
• NRC’s Public Document Room
(PDR): The public may examine and
have copied, for a fee, publicly available
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): Publicly available documents
created or received at the NRC are
available online in the NRC Library at
https://www.nrc.gov/reading-rm/
adams.html. From this page, the public
can gain entry into ADAMS, which
provides text and image files of the
VerDate Mar<15>2010
16:29 Nov 07, 2011
Jkt 226001
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1-(800) 397–4209,
(301) 415–4737, or by email to
pdr.resource@nrc.gov. The Draft Generic
Letter is available electronically in
ADAMS under Accession Number
ML111710783.
• Federal Rulemaking Web Site:
Public comments and supporting
materials related to this notice can be
found at https://www.regulations.gov by
searching on Docket ID NRC–2011–
0204.
II. Discussion
On September 1, 2011 (76 FR 54507),
the NRC published for public comment
Draft Generic Letter 2011–XX: Seismic
Risk Evaluations for Operating Reactors
to inform addressees that the NRC
requests addressees to evaluate their
facilities to determine the current level
of seismic risk and to submit the
requested information to facilitate the
NRC’s determination if there is a need
for additional regulatory action. The
public comment period was scheduled
to expire on October, 31, 2011; however,
on September 16, 2011 (76 FR 57767),
the NRC issued a correction and
extended the public comment period to
November 15, 2011. In order to allow
the public sufficient time to review and
comment on the Draft Generic Letter,
the NRC has decided to extend the
comment period for the Draft Generic
Letter until December 15, 2011.
Dated at Rockville, Maryland, this 31 day
of October, 2011.
For the Nuclear Regulatory Commission.
Stacey Rosenberg,
Chief, Generic Communications and Power
Uprate Branch, Division of Policy and
Rulemaking, Office of Nuclear Reactor
Regulation.
[FR Doc. 2011–28895 Filed 11–7–11; 8:45 am]
BILLING CODE 7590–01–P
69295
being established to preside over the
following proceeding:
Strata Energy, Inc. (Ross In Situ
Recovery Uranium Project)
This proceeding involves a license
application from Peninsula Minerals,
Ltd., doing business as Strata Energy,
Inc., requesting a new source and
byproduct materials license at its Ross
In Situ Recovery Uranium Project site
located in Crook County, Wyoming. In
response to a Notice of Materials
License Application, Opportunity to
Request a Hearing and to Petition for
Leave to Intervene, and Commission
Order Imposing Procedures for
document Access to Sensitive
Unclassified Non-Safeguards
Information published in the Federal
Register on July 13, 2011 (76 FR
41,308), a petition to intervene was
submitted by the Natural Resources
Defense Council (NRDC) and Powder
River Basin Resource Council (PRBRC)
from Geoffrey Fettus of NRDC and
Shannon Anderson of PRBRC.
The Board is comprised of the
following administrative judges:
G. Paul Bollwerk, III, Chair, Atomic
Safety and Licensing Board Panel,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Dr. Richard F. Cole, Atomic Safety and
Licensing Board Panel, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
Dr. Kenneth L. Mossman, Atomic Safety
and Licensing Board Panel, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
All correspondence, documents, and
other materials shall be filed in
accordance with the NRC E–Filing rule,
which the NRC promulgated in August
2007 (72 FR 49,139).
Issued at Rockville, Maryland, this 2nd day
of November 2011.
E. Roy Hawkens,
Chief Administrative Judge, Atomic Safety
and Licensing Board Panel.
[FR Doc. 2011–28884 Filed 11–7–11; 8:45 am]
NUCLEAR REGULATORY
COMMISSION
BILLING CODE 7590–01–P
[Docket No. 40–9091–MLA; ASLBP No. 12–
915–01–MLA–BD01]
NUCLEAR REGULATORY
COMMISSION
Strata Energy, Inc.; Establishment of
Atomic Safety and Licensing Board
Sunshine Act Notice
Pursuant to delegation by the
Commission dated December 29, 1972,
published in the Federal Register, 37 FR
28,710 (1972), and the Commission’s
regulations, see 10 CFR 2.104, 2.105,
2.300, 2.309, 2.313, 2.318, and 2.321,
notice is hereby given that an Atomic
Safety and Licensing Board (Board) is
PO 00000
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Nuclear
Regulatory Commission, [NRC–2011–
0006].
DATES: Weeks of November 7, 14, 21, 28,
December 5, 12, 2011.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
AGENCY HOLDING THE MEETINGS:
E:\FR\FM\08NON1.SGM
08NON1
Agencies
[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Notices]
[Pages 69294-69295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28895]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2011-0204]
Proposed Generic Communication Draft Generic Letter on Seismic
Risk Evaluations for Operating Reactors
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft generic letter; extension of comment period.
-----------------------------------------------------------------------
SUMMARY: On September 1, 2011 (76 FR 54507), the U.S. Nuclear
Regulatory Commission (NRC) published for public comment Draft Generic
Letter 2011-XX: Seismic Risk Evaluations for Operating Reactors. The
public comment period was scheduled to expire on October, 31, 2011;
however, on September 16, 2011 (76 FR 57767), the NRC issued a
correction and extended the public comment period to November 15, 2011.
In order to allow the public sufficient time to review and comment on
the Draft Generic Letter, the NRC has decided to extend the comment
period for the Draft Generic Letter until December 15, 2011.
DATES: The comment period has been extended and expires on December 15,
2011. Comments received after this date will be considered if it is
practical to do so. The NRC is only able to assure consideration of
comments received on or before this date.
ADDRESSES: Please include Docket ID NRC-2011-0204 in the subject line
of your comments. For instructions on submitting comments and accessing
documents related to this action, see Section I, ``Submitting Comments
and Accessing Information'' in the SUPPLEMENTARY INFORMATION section of
this document. You may submit
[[Page 69295]]
comments by any one of the following methods:
Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0204. Address questions about NRC dockets to Carol Gallagher,
telephone: (301) 492-3668; email: Carol.Gallagher@nrc.gov.
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
Fax comments to: RADB at (301) 492-3446.
FOR FURTHER INFORMATION CONTACT: Kamal Manoly, Division of Engineering,
Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: (301) 415-2765,
email: Kamal.Manoly@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Submitting Comments and Accessing Information
Comments submitted in writing or in electronic form will be posted
on the NRC Web site and on the Federal rulemaking Web site, https://www.regulations.gov. Because your comments will not be edited to remove
any identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information and; therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
You can access publicly available documents related to this
document using the following methods:
NRC's Public Document Room (PDR): The public may examine
and have copied, for a fee, publicly available documents at the NRC's
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland 20852.
NRC's Agencywide Documents Access and Management System
(ADAMS): Publicly available documents created or received at the NRC
are available online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS,
which provides text and image files of the NRC's public documents. If
you do not have access to ADAMS or if there are problems in accessing
the documents located in ADAMS, contact the NRC's PDR reference staff
at 1-(800) 397-4209, (301) 415-4737, or by email to
pdr.resource@nrc.gov. The Draft Generic Letter is available
electronically in ADAMS under Accession Number ML111710783.
Federal Rulemaking Web Site: Public comments and
supporting materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID NRC-2011-0204.
II. Discussion
On September 1, 2011 (76 FR 54507), the NRC published for public
comment Draft Generic Letter 2011-XX: Seismic Risk Evaluations for
Operating Reactors to inform addressees that the NRC requests
addressees to evaluate their facilities to determine the current level
of seismic risk and to submit the requested information to facilitate
the NRC's determination if there is a need for additional regulatory
action. The public comment period was scheduled to expire on October,
31, 2011; however, on September 16, 2011 (76 FR 57767), the NRC issued
a correction and extended the public comment period to November 15,
2011. In order to allow the public sufficient time to review and
comment on the Draft Generic Letter, the NRC has decided to extend the
comment period for the Draft Generic Letter until December 15, 2011.
Dated at Rockville, Maryland, this 31 day of October, 2011.
For the Nuclear Regulatory Commission.
Stacey Rosenberg,
Chief, Generic Communications and Power Uprate Branch, Division of
Policy and Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2011-28895 Filed 11-7-11; 8:45 am]
BILLING CODE 7590-01-P