[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Notices]
[Page 3621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 01-1175]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-28641, License No. 42-23539-01AF Department of the Air 
Force; Docket No. 030-29462, License No. 45-23645-01NA, Department of 
the Navy; Docket No. 040-08767, License No. SUC-1380, Department of the 
Army]


Notice of Issuance of Director's Decision Under 10 CFR 2.206

    Notice is hereby given that the Director, Office of Nuclear 
Material Safety and Safeguards, has issued a director's decision with 
regard to a petition dated June 1, 2000, filed by Doug Rokke, Ph.D., 
hereinafter referred to as the ``petitioner.'' The petition concerns 
the use of depleted uranium (DU) by the U.S. Department of Defense and 
all services.
    The petition requested that the U.S. Nuclear Regulatory Commission 
(Commission or NRC) hold a hearing to consider ``the revocation of the 
master DU [depleted uranium] license for the U.S. Department of Defense 
and all services, implementation of substantial fines and consideration 
of personal criminal liability.'' As the basis for this request, the 
petitioner stated that ``the continuing deliberate use of DU munitions 
during battle and during peacetime is resulting in serious health and 
environmental consequences.''
    By letter dated September 8, 2000, and addressed to the petitioner, 
the NRC staff acknowledged receiving the petition, and stated that 
pursuant to 10 CFR 2.206 the petition was referred to the Office of 
Nuclear Material Safety and Safeguards for action, and that it would be 
acted upon within a reasonable time.
    The NRC staff requested the U.S. Department of the Air Force, the 
U.S. Department of the Army, and the U.S. Department of the Navy to 
respond to the petition. The licensees responded on October 30, 2000, 
and the information provided was considered by the staff in its 
evaluation of the petition.
    The Director of the Office of Nuclear Material Safety and 
Safeguards has determined that the request to hold a hearing to 
consider the revocation of the military licenses authorizing the use of 
DU, implementation of substantial fines, and consideration of personal 
criminal liability, should be denied. The reasons for this decision are 
explained in the director's decision pursuant to 10 CFR 2.206 [DD-01-
01], the complete text of which is available in ADAMS for inspection at 
the Commission's Public Document Room, located at One White Flint 
North, 11555 Rockville Pike (first floor), Rockville, Maryland, and via 
the NRC's Web site (http://www.nrc.gov) on the World Wide Web, under 
the ``Public Involvement'' icon.
    A copy of the director's decision will be filed with the Secretary 
of the Commission for the Commission's review in accordance with 10 CFR 
2.206 of the Commission's regulations. As provided for by this 
regulation, the director's 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 director's 
decision in that time.

    Dated at Rockville, Maryland, this 9th day of January 2001.

    For the Nuclear Regulatory Commission.
William F. Kane,
 Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 01-1175 Filed 1-12-01; 8:45 am]
BILLING CODE 7590-01-P