Cimarron Environmental Response Trust Cimarron Facility, 14423-14426 [2019-07028]
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Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Notices
TABLE 1—ANTICIPATED PROGRAMS THAT WILL COLLECT DATA ON PROJECT PROGRESS AND OUTCOMES ALONG WITH
THE NUMBER OF RESPONDENTS AND BURDEN HOURS PER COLLECTION PER YEAR.
Number of
respondents
Collection title
Centers of Research Excellence in Science and Technology (CREST) and Historically Black
Colleges and Universities Research Infrastructure for Science and Engineering (HBCU–
RISE) Monitoring System .........................................................................................................
Integrative Graduate Education and Research Traineeship Program (IGERT) Monitoring System ...........................................................................................................................................
Louis Stokes Alliances for Minority Participation (LSAMP) Monitoring System ..........................
Louis Stokes Alliances for Minority Participation Bridge to the Doctorate (LSAMP–BD) Monitoring System ...........................................................................................................................
Robert Noyce Teacher Scholarship Program (Noyce) Monitoring System ................................
Scholarships in Science, Technology, Engineering, and Mathematics (S–STEM) Monitoring
System .....................................................................................................................................
Science, Technology, Engineering, and Mathematics Talent Expansion Program (STEP)
Monitoring System ...................................................................................................................
Total ......................................................................................................................................
Dated: April 5, 2019.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. 2019–07074 Filed 4–9–19; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–0925; NRC–2019–0093]
Cimarron Environmental Response
Trust Cimarron Facility
Nuclear Regulatory
Commission.
ACTION: License amendment application;
opportunity to provide comments,
request a hearing and to petition for
leave to intervene.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has received a
license amendment application from the
licensee, Cimarron Environmental
Response Trust (CERT) for the Cimarron
Facility, located in Logan County,
Oklahoma. The license authorizes
possession of Byproduct, Source, and
Special Nuclear Material (SNM–928).
CERT requested approval of its
proposed Facility Decommissioning
Plan (DP), Rev. 1 for the Cimarron
Facility in Guthrie, Oklahoma and
incorporation of the DP into its license
by license amendment. The requested
license amendment would also: Revise
to the possession limit; change the
description of the licensed site;
eliminate License Conditions that are no
longer applicable; and incorporate a
revised Radiation Protection Program
into the license. The requested license
amendment is necessary for CERT to
complete the remaining
decommissioning activities needed for
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SUMMARY:
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NRC to release the Cimarron site for
unrestricted use. The requested license
amendment is also necessary to
ultimately terminate Special Materials
License SNM–928; however, license
termination is a separate action that
requires a separate application from
CERT and a separate NRC finding that
the site is suitable for release.
DATES: Submit comments by May 10,
2019. Comments received after this date
will be considered if it is practical to do
so, but the Commission is able to ensure
consideration only for comments
received before this date. A request for
a hearing or petition for leave to
intervene must be filed by June 10,
2019.
You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0093. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• Mail comments to: Office of
Administration, Mail Stop: TWFN–7–
A60M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, ATTN: Program Management,
Announcements and Editing Staff.
• For additional direction on
obtaining information and submitting
comments, see ‘‘Obtaining Information
and Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: Mr.
Kenneth Kalman, Division of
Decommissioning, Uranium Recovery,
and Waste Programs, Office of Nuclear
ADDRESSES:
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
Number of
responses
Annual hour
burden
42
42
1,648
513
625
521
625
3,242
16,250
56
550
56
550
1,008
6,050
700
1,750
4,900
25
25
500
2,511
3,219
32,698
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–6664, email:
Kenneth.Kalman@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2019–
0093 when contacting the NRC about
the availability of information for this
action. You may obtain publiclyavailable information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2019–0093.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://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 pdr.resource@
nrc.gov. The NRC’s February 28, 2019,
letter accepting the proposed Cimarron
Facility Decommissioning Plan Rev. 1
(ADAMS Package Accession No.
ML18323A197) for detailed technical
review is available in an ADAMS
package under Accession No.
ML19056A513.
• 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.
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B. Submitting Comments
Please include Docket ID NRC–2019–
0093 in your comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment into ADAMS.
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II. Introduction
The NRC received, by letter dated
November 2, 2018, an application
(ADAMS Package Accession No.
ML18323A197) to amend Materials
License No. SNM–928 (ADAMS
Accession No. ML110270373), which
authorizes possession of Byproduct,
Source, and Special Nuclear Material.
The objective of the proposed action is
to decontaminate and decommission the
Cimarron site to permit release for
unrestricted use. In accordance with 10
CFR 70.38(g) CERT, submitted a
proposed DP. CERT requested a license
amendment to incorporate the proposed
DP into the license. As part of this
license amendment, CERT has also
requested several other revisions to the
Radioactive Materials License SNM–
928. CERT requested revision of the
possession limit. License Condition 8(D)
authorizes the possession of up to 6,000
kilograms of thorium. CERT states that
the last thorium contaminated material
was shipped for disposal in 2004.
Hence, there is no longer a need for a
thorium possession limit. CERT also
requested other minor revisions to the
possession limit License Condition.
CERT requested a revision to the
description of the licensed area of the
site. The site has been in
decommissioning status since 1976 and
portions of the site have been released
from license by the NRC. This proposed
revision would amend the license to redefine the boundaries of the site for
decommissioning purposes to
accurately reflect the portions of the site
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where licensed material, which is in
groundwater, is currently located and
where licensed material would be stored
or packaged for disposal. CERT
requested deletion of several tie-downs
in License Conditions 10 and 27 that are
outdated and no longer relevant or
required and revisions to License
Condition 27 to reflect the groundwater
remediation plan in the proposed DP.
As noted, the site has been in
decommissioning status since 1976 and
various decommissioning activities
specified in the license are complete or
are no longer required due to changes in
the decommissioning schedule and the
description of the licensed site. CERT
requested a revision to License
Condition 23 to reflect the current status
of the disposal cell area, which was
maintained for the 5-year period
required by the NRC with no evidence
of subsidence or erosion. Finally, CERT
requested that that the license be
amended to incorporate a revision to its
Radiation Protection Program. On
February 14, 2011, License SNM–928
was transferred from the previous
licensee to CERT (ADAMS Package
Accession No. ML110270370). Under
License Condition 27(e), CERT can
make revisions to its Radiation
Protection Plan (RPP) without NRC
approval, provided that certain
conditions are met. Since the license
was transferred to CERT, the RPP has
been revised to reflect changes in the
license and the licensee’s organization.
The purpose of this revision is to
incorporate the revised RPP, which was
submitted as an appendix to the
proposed DP.
Since the Cimarron site has been in
decommissioning status, materials and
equipment, buildings and structures,
and surface and subsurface soils have
been decommissioned and much of the
original site has been released from
license. Previous licensees of the site
relied on monitored natural attenuation
to reduce uranium concentrations in the
groundwater to levels that would meet
the NRC’s criteria for unrestricted use.
However, in some portions of the site,
uranium in the groundwater exceeds the
NRC’s criteria for unrestricted use.
Should the NRC accept CERT’S request
to incorporate the proposed DP into the
license, pursuant to License Condition
27(b), CERT will begin active
groundwater remediation with the goal
of meeting the 180 picoCuries per liter
total uranium criteria for unrestricted
use to enable NRC to terminate License
SNM–928.
Upon completion of an acceptance
review, the NRC found the application
acceptable for a detailed technical
review (ADAMS Package Accession No.
PO 00000
Frm 00086
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ML19056A513). Prior to issuance of the
requested license amendment, the NRC
will need to make the findings required
by the Atomic Energy Act of 1954 as
amended (the Act), and the NRC’s
regulations. The NRC’s findings will be
documented in a safety evaluation
report. The NRC will also perform an
environmental assessment in
accordance with the requirements of the
National Environmental Policy Act and
the NRC’s regulations.
III. Notice and Solicitation of
Comments
In accordance with section 20.1405 of
title 10 of the Code of Federal
Regulations (10 CFR), the Commission
is providing notice and soliciting
comments from local and State
governments in the vicinity of the site
and any Indian Nation or other
indigenous people that have treaty or
statutory rights that could be affected by
the decommissioning. This notice and
solicitation of comments is published
pursuant to 10 CFR 20.1405, which
provides for publication in the Federal
Register and in a forum, such as local
newspapers, letters to State or local
organizations, or other appropriate
forum, that is readily accessible to
individuals in the vicinity of the site.
Comments should be provided by May
10, 2019.
IV. Opportunity To Request a Hearing
and Petition for Leave To Intervene
Within 60 days after the date of
publication of this notice, any persons
(petitioner) whose interest may be
affected by this action may file a request
for a hearing and petition for leave to
intervene (petition) with respect to the
action. Petitions shall be filed in
accordance with the Commission’s
‘‘Agency Rules of Practice and
Procedure’’ in 10 CFR part 2. Interested
persons should consult a current copy
of 10 CFR 2.309. The NRC’s regulations
are accessible electronically from the
NRC Library on the NRC’s website at
https://www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of
the regulations is available at the NRC’s
Public Document Room, located at One
White Flint North, Room O1–F21, 11555
Rockville Pike (first floor), Rockville,
Maryland 20852. If a petition is filed,
the Commission or a presiding officer
will rule on the petition and, if
appropriate, a notice of a hearing will be
issued.
As required by 10 CFR 2.309(d) the
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to
the following general requirements for
standing: (1) The name, address, and
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telephone number of the petitioner; (2)
the nature of the petitioner’s right under
the Act to be made a party to the
proceeding; (3) the nature and extent of
the petitioner’s property, financial, or
other interest in the proceeding; and (4)
the possible effect of any decision or
order which may be entered in the
proceeding on the petitioner’s interest.
In accordance with 10 CFR 2.309(f),
the petition must also set forth the
specific contentions which the
petitioner seeks to have litigated in the
proceeding. Each contention must
consist of a specific statement of the
issue of law or fact to be raised or
controverted. In addition, the petitioner
must provide a brief explanation of the
bases for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention
and on which the petitioner intends to
rely in proving the contention at the
hearing. The petitioner must also
provide references to the specific
sources and documents on which the
petitioner intends to rely to support its
position on the issue. The petition must
include sufficient information to show
that a genuine dispute exists with the
applicant or licensee on a material issue
of law or fact. Contentions must be
limited to matters within the scope of
the proceeding. The contention must be
one which, if proven, would entitle the
petitioner to relief. A petitioner who
fails to satisfy the requirements at 10
CFR 2.309(f) with respect to at least one
contention will not be permitted to
participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene. Parties have the opportunity
to participate fully in the conduct of the
hearing with respect to resolution of
that party’s admitted contentions,
including the opportunity to present
evidence, consistent with the NRC’s
regulations, policies, and procedures.
Petitions must be filed no later than
60 days from the date of publication of
this notice. Petitions and motions for
leave to file new or amended
contentions that are filed after the
deadline will not be entertained absent
a determination by the presiding officer
that the filing demonstrates good cause
by satisfying the three factors in 10 CFR
2.309(c)(1)(i) through (iii). The petition
must be filed in accordance with the
filing instructions in the ‘‘Electronic
Submissions (E-Filing)’’ section of this
document.
A State, local governmental body,
Federally-recognized Indian Tribe, or
agency thereof, may submit a petition to
the Commission to participate as a party
under 10 CFR 2.309(h)(1). The petition
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20:36 Apr 09, 2019
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should state the nature and extent of the
petitioner’s interest in the proceeding.
The petition should be submitted to the
Commission no later than 60 days from
the date of publication of this notice.
The petition must be filed in accordance
with the filing instructions in the
‘‘Electronic Submissions (E-Filing)’’
section of this document, and should
meet the requirements for petitions set
forth in this section. Alternatively, a
State, local governmental body,
Federally-recognized Indian Tribe, or
agency thereof may participate as a nonparty under 10 CFR 2.315(c).
If a hearing is granted, any person
who is not a party to the proceeding and
is not affiliated with or represented by
a party may, at the discretion of the
presiding officer, be permitted to make
a limited appearance pursuant to the
provisions of 10 CFR 2.315(a). A person
making a limited appearance may make
an oral or written statement of his or her
position on the issues but may not
otherwise participate in the proceeding.
A limited appearance may be made at
any session of the hearing or at any
prehearing conference, subject to the
limits and conditions as may be
imposed by the presiding officer. Details
regarding the opportunity to make a
limited appearance will be provided by
the presiding officer if such sessions are
scheduled.
V. Electronic Submissions (E-Filing)
All documents filed in NRC
adjudicatory proceedings, including a
request for hearing and petition for
leave to intervene (petition), any motion
or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to
intervene, and documents filed by
interested governmental entities that
request to participate under 10 CFR
2.315(c), must be filed in accordance
with the NRC’s E-Filing rule (72 FR
49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). The EFiling process requires participants to
submit and serve all adjudicatory
documents over the internet, or in some
cases to mail copies on electronic
storage media. Detailed guidance on
making electronic submissions may be
found in the Guidance for Electronic
Submissions to the NRC and on the NRC
website at https://www.nrc.gov/site-help/
e-submittals.html. Participants may not
submit paper copies of their filings
unless they seek an exemption in
accordance with the procedures
described below.
To comply with the procedural
requirements of E-Filing, at least 10
days prior to the filing deadline, the
participant should contact the Office of
PO 00000
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14425
the Secretary by email at
hearing.docket@nrc.gov, or by telephone
at 301–415–1677, to (1) request a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
submissions and access the E-Filing
system for any proceeding in which it
is participating; and (2) advise the
Secretary that the participant will be
submitting a petition or other
adjudicatory document (even in
instances in which the participant, or its
counsel or representative, already holds
an NRC-issued digital ID certificate).
Based upon this information, the
Secretary will establish an electronic
docket for the hearing in this proceeding
if the Secretary has not already
established an electronic docket.
Information about applying for a
digital ID certificate is available on the
NRC’s public website at https://
www.nrc.gov/site-help/e-submittals/
getting-started.html. Once a participant
has obtained a digital ID certificate and
a docket has been created, the
participant can then submit
adjudicatory documents. Submissions
must be in Portable Document Format
(PDF). Additional guidance on PDF
submissions is available on the NRC’s
public website at https://www.nrc.gov/
site-help/electronic-sub-ref-mat.html. A
filing is considered complete at the time
the document is submitted through the
NRC’s E-Filing system. To be timely, an
electronic filing must be submitted to
the E-Filing system no later than 11:59
p.m. Eastern Time on the due date.
Upon receipt of a transmission, the EFiling system time-stamps the document
and sends the submitter an email notice
confirming receipt of the document. The
E-Filing system also distributes an email
notice that provides access to the
document to the NRC’s Office of the
General Counsel and any others who
have advised the Office of the Secretary
that they wish to participate in the
proceeding, so that the filer need not
serve the document on those
participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before adjudicatory
documents are filed so that they can
obtain access to the documents via the
E-Filing system.
A person filing electronically using
the NRC’s adjudicatory E-Filing system
may seek assistance by contacting the
NRC’s Electronic Filing Help Desk
through the ‘‘Contact Us’’ link located
on the NRC’s public website at https://
www.nrc.gov/site-help/esubmittals.html, by email to
MSHD.Resource@nrc.gov, or by a toll-
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Federal Register / Vol. 84, No. 69 / Wednesday, April 10, 2019 / Notices
free call at 1–866–672–7640. The NRC
Electronic Filing Help Desk is available
between 9 a.m. and 6 p.m., Eastern
Time, Monday through Friday,
excluding government holidays.
Participants who believe that they
have a good cause for not submitting
documents electronically must file an
exemption request, in accordance with
10 CFR 2.302(g), with their initial paper
filing stating why there is good cause for
not filing electronically and requesting
authorization to continue to submit
documents in paper format. Such filings
must be submitted by: (1) First class
mail addressed to the Office of the
Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory
documents in this manner are
responsible for serving the document on
all other participants. Filing is
considered complete by first-class mail
as of the time of deposit in the mail, or
by courier, express mail, or expedited
delivery service upon depositing the
document with the provider of the
service. A presiding officer, having
granted an exemption request from
using E-Filing, may require a participant
or party to use E-Filing if the presiding
officer subsequently determines that the
reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is
available to the public at https://
adams.nrc.gov/ehd, unless excluded
pursuant to an order of the Commission
or the presiding officer. If you do not
have an NRC-issued digital ID certificate
as described above, click cancel when
the link requests certificates and you
will be automatically directed to the
NRC’s electronic hearing dockets where
you will be able to access any publicly
available documents in a particular
hearing docket. Participants are
requested not to include personal
privacy information, such as social
security numbers, home addresses, or
personal phone numbers in their filings,
unless an NRC regulation or other law
requires submission of such
information. For example, in some
instances, individuals provide home
addresses in order to demonstrate
proximity to a facility or site. With
respect to copyrighted works, except for
limited excerpts that serve the purpose
of the adjudicatory filings and would
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20:36 Apr 09, 2019
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constitute a Fair Use application,
participants are requested not to include
copyrighted materials in their
submission.
Dated at Rockville, Maryland, on April 4,
2019.
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning,
Uranium Recovery and Waste Programs,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2019–07028 Filed 4–9–19; 8:45 am]
BILLING CODE 7590–01–P
DATES:
Date of required notice: April 10,
2019.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Reed, 202–268–3179.
The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on April 5, 2019,
it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Contract 519 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2019–117, CP2019–126.
SUPPLEMENTARY INFORMATION:
Elizabeth Reed,
Attorney, Corporate and Postal Business Law.
POSTAL SERVICE
Product Change—Priority Mail Express
and Priority Mail Negotiated Service
Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
[FR Doc. 2019–07096 Filed 4–9–19; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
DATES: Date of required notice: April 10,
2019.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Reed, 202–268–3179.
SUPPLEMENTARY INFORMATION: The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on April 5, 2019,
it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Express & Priority Mail
Contract 90 to Competitive Product List.
Documents are available at
www.prc.gov, Docket Nos. MC2019–116,
CP2019–125.
SUMMARY:
Elizabeth Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2019–07104 Filed 4–9–19; 8:45 am]
BILLING CODE 7710–12–P
POSTAL SERVICE
Product Change—Priority Mail
Negotiated Service Agreement
Postal ServiceTM.
ACTION: Notice.
AGENCY:
Product Change—Priority Mail
Negotiated Service Agreement
AGENCY:
ACTION:
Postal ServiceTM.
Notice.
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
SUMMARY:
DATES:
Date of required notice: April 10,
2019.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Reed, 202–268–3179.
The
United States Postal Service® hereby
gives notice that, pursuant to 39 U.S.C.
3642 and 3632(b)(3), on April 5, 2019,
it filed with the Postal Regulatory
Commission a USPS Request to Add
Priority Mail Contract 520 to
Competitive Product List. Documents
are available at www.prc.gov, Docket
Nos. MC2019–118, CP2019–127.
SUPPLEMENTARY INFORMATION:
Elizabeth Reed,
Attorney, Corporate and Postal Business Law.
[FR Doc. 2019–07097 Filed 4–9–19; 8:45 am]
BILLING CODE 7710–12–P
The Postal Service gives
notice of filing a request with the Postal
Regulatory Commission to add a
domestic shipping services contract to
the list of Negotiated Service
Agreements in the Mail Classification
Schedule’s Competitive Products List.
SUMMARY:
PO 00000
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Agencies
[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Pages 14423-14426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07028]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-0925; NRC-2019-0093]
Cimarron Environmental Response Trust Cimarron Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment application; opportunity to provide comments,
request a hearing and to petition for leave to intervene.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
license amendment application from the licensee, Cimarron Environmental
Response Trust (CERT) for the Cimarron Facility, located in Logan
County, Oklahoma. The license authorizes possession of Byproduct,
Source, and Special Nuclear Material (SNM-928). CERT requested approval
of its proposed Facility Decommissioning Plan (DP), Rev. 1 for the
Cimarron Facility in Guthrie, Oklahoma and incorporation of the DP into
its license by license amendment. The requested license amendment would
also: Revise to the possession limit; change the description of the
licensed site; eliminate License Conditions that are no longer
applicable; and incorporate a revised Radiation Protection Program into
the license. The requested license amendment is necessary for CERT to
complete the remaining decommissioning activities needed for NRC to
release the Cimarron site for unrestricted use. The requested license
amendment is also necessary to ultimately terminate Special Materials
License SNM-928; however, license termination is a separate action that
requires a separate application from CERT and a separate NRC finding
that the site is suitable for release.
DATES: Submit comments by May 10, 2019. Comments received after this
date will be considered if it is practical to do so, but the Commission
is able to ensure consideration only for comments received before this
date. A request for a hearing or petition for leave to intervene must
be filed by June 10, 2019.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0093. 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.
Mail comments to: Office of Administration, Mail Stop:
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and
submitting comments, see ``Obtaining Information and Submitting
Comments'' in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Kalman, Division of
Decommissioning, Uranium Recovery, and Waste Programs, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-6664, email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2019-0093 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0093.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://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 NRC's February 28, 2019, letter
accepting the proposed Cimarron Facility Decommissioning Plan Rev. 1
(ADAMS Package Accession No. ML18323A197) for detailed technical review
is available in an ADAMS package under Accession No. ML19056A513.
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.
[[Page 14424]]
B. Submitting Comments
Please include Docket ID NRC-2019-0093 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC received, by letter dated November 2, 2018, an application
(ADAMS Package Accession No. ML18323A197) to amend Materials License
No. SNM-928 (ADAMS Accession No. ML110270373), which authorizes
possession of Byproduct, Source, and Special Nuclear Material. The
objective of the proposed action is to decontaminate and decommission
the Cimarron site to permit release for unrestricted use. In accordance
with 10 CFR 70.38(g) CERT, submitted a proposed DP. CERT requested a
license amendment to incorporate the proposed DP into the license. As
part of this license amendment, CERT has also requested several other
revisions to the Radioactive Materials License SNM-928. CERT requested
revision of the possession limit. License Condition 8(D) authorizes the
possession of up to 6,000 kilograms of thorium. CERT states that the
last thorium contaminated material was shipped for disposal in 2004.
Hence, there is no longer a need for a thorium possession limit. CERT
also requested other minor revisions to the possession limit License
Condition. CERT requested a revision to the description of the licensed
area of the site. The site has been in decommissioning status since
1976 and portions of the site have been released from license by the
NRC. This proposed revision would amend the license to re-define the
boundaries of the site for decommissioning purposes to accurately
reflect the portions of the site where licensed material, which is in
groundwater, is currently located and where licensed material would be
stored or packaged for disposal. CERT requested deletion of several
tie-downs in License Conditions 10 and 27 that are outdated and no
longer relevant or required and revisions to License Condition 27 to
reflect the groundwater remediation plan in the proposed DP. As noted,
the site has been in decommissioning status since 1976 and various
decommissioning activities specified in the license are complete or are
no longer required due to changes in the decommissioning schedule and
the description of the licensed site. CERT requested a revision to
License Condition 23 to reflect the current status of the disposal cell
area, which was maintained for the 5-year period required by the NRC
with no evidence of subsidence or erosion. Finally, CERT requested that
that the license be amended to incorporate a revision to its Radiation
Protection Program. On February 14, 2011, License SNM-928 was
transferred from the previous licensee to CERT (ADAMS Package Accession
No. ML110270370). Under License Condition 27(e), CERT can make
revisions to its Radiation Protection Plan (RPP) without NRC approval,
provided that certain conditions are met. Since the license was
transferred to CERT, the RPP has been revised to reflect changes in the
license and the licensee's organization. The purpose of this revision
is to incorporate the revised RPP, which was submitted as an appendix
to the proposed DP.
Since the Cimarron site has been in decommissioning status,
materials and equipment, buildings and structures, and surface and
subsurface soils have been decommissioned and much of the original site
has been released from license. Previous licensees of the site relied
on monitored natural attenuation to reduce uranium concentrations in
the groundwater to levels that would meet the NRC's criteria for
unrestricted use. However, in some portions of the site, uranium in the
groundwater exceeds the NRC's criteria for unrestricted use. Should the
NRC accept CERT'S request to incorporate the proposed DP into the
license, pursuant to License Condition 27(b), CERT will begin active
groundwater remediation with the goal of meeting the 180 picoCuries per
liter total uranium criteria for unrestricted use to enable NRC to
terminate License SNM-928.
Upon completion of an acceptance review, the NRC found the
application acceptable for a detailed technical review (ADAMS Package
Accession No. ML19056A513). Prior to issuance of the requested license
amendment, the NRC will need to make the findings required by the
Atomic Energy Act of 1954 as amended (the Act), and the NRC's
regulations. The NRC's findings will be documented in a safety
evaluation report. The NRC will also perform an environmental
assessment in accordance with the requirements of the National
Environmental Policy Act and the NRC's regulations.
III. Notice and Solicitation of Comments
In accordance with section 20.1405 of title 10 of the Code of
Federal Regulations (10 CFR), the Commission is providing notice and
soliciting comments from local and State governments in the vicinity of
the site and any Indian Nation or other indigenous people that have
treaty or statutory rights that could be affected by the
decommissioning. This notice and solicitation of comments is published
pursuant to 10 CFR 20.1405, which provides for publication in the
Federal Register and in a forum, such as local newspapers, letters to
State or local organizations, or other appropriate forum, that is
readily accessible to individuals in the vicinity of the site. Comments
should be provided by May 10, 2019.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
persons (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. The NRC's regulations are accessible
electronically from the NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of
the regulations is available at the NRC's Public Document Room, located
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first
floor), Rockville, Maryland 20852. If a petition is filed, the
Commission or a presiding officer will rule on the petition and, if
appropriate, a notice of a hearing will be issued.
As required by 10 CFR 2.309(d) the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) The name, address, and
[[Page 14425]]
telephone number of the petitioner; (2) the nature of the petitioner's
right under the Act to be made a party to the proceeding; (3) the
nature and extent of the petitioner's property, financial, or other
interest in the proceeding; and (4) the possible effect of any decision
or order which may be entered in the proceeding on the petitioner's
interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a specific
statement of the issue of law or fact to be raised or controverted. In
addition, the petitioner must provide a brief explanation of the bases
for the contention and a concise statement of the alleged facts or
expert opinion which support the contention and on which the petitioner
intends to rely in proving the contention at the hearing. The
petitioner must also provide references to the specific sources and
documents on which the petitioner intends to rely to support its
position on the issue. The petition must include sufficient information
to show that a genuine dispute exists with the applicant or licensee on
a material issue of law or fact. Contentions must be limited to matters
within the scope of the proceeding. The contention must be one which,
if proven, would entitle the petitioner to relief. A petitioner who
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence, consistent
with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. Petitions and motions for leave to file new
or amended contentions that are filed after the deadline will not be
entertained absent a determination by the presiding officer that the
filing demonstrates good cause by satisfying the three factors in 10
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in
accordance with the filing instructions in the ``Electronic Submissions
(E-Filing)'' section of this document.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no later
than 60 days from the date of publication of this notice. The petition
must be filed in accordance with the filing instructions in the
``Electronic Submissions (E-Filing)'' section of this document, and
should meet the requirements for petitions set forth in this section.
Alternatively, a State, local governmental body, Federally-recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may, at
the discretion of the presiding officer, be permitted to make a limited
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
his or her position on the issues but may not otherwise participate in
the proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Details
regarding the opportunity to make a limited appearance will be provided
by the presiding officer if such sessions are scheduled.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition), any
motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with the
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR
46562; August 3, 2012). The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in
some cases to mail copies on electronic storage media. Detailed
guidance on making electronic submissions may be found in the Guidance
for Electronic Submissions to the NRC and on the NRC website at https://www.nrc.gov/site-help/e-submittals.html. Participants may not submit
paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a
digital ID certificate and a docket has been created, the participant
can then submit adjudicatory documents. Submissions must be in Portable
Document Format (PDF). Additional guidance on PDF submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
document on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before adjudicatory documents are
filed so that they can obtain access to the documents via the E-Filing
system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-
[[Page 14426]]
free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is
available between 9 a.m. and 6 p.m., Eastern Time, Monday through
Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in this
manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as of
the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently determines
that the reason for granting the exemption from use of E-Filing no
longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
Commission or the presiding officer. If you do not have an NRC-issued
digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information,
such as social security numbers, home addresses, or personal phone
numbers in their filings, unless an NRC regulation or other law
requires submission of such information. For example, in some
instances, individuals provide home addresses in order to demonstrate
proximity to a facility or site. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants are
requested not to include copyrighted materials in their submission.
Dated at Rockville, Maryland, on April 4, 2019.
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery and Waste
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-07028 Filed 4-9-19; 8:45 am]
BILLING CODE 7590-01-P