[Federal Register Volume 71, Number 5 (Monday, January 9, 2006)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-60]
NUCLEAR REGULATORY COMMISSION
Notice of Issuance of Director's Decision Under 10 CFR 2.206
Docket No. 030-28641, License No. 42-23539-01AF, Department of
the Air Force.
Docket No. 040-06394, License No. SMB-141, Department of the
Docket No. 040-07086, License No. SUB-734, Department of the
Docket No. 040-08814, License No. SMB-1411, Department of the
Docket No. 040-08838, License No. SUB-1435, Department of the
Docket No. 040-07354, License No. SUB-834, Department of the
Docket No. 040-08850, License No. SUB-1440, Department of the
Docket No. 040-08779, License No. SUC-1391, Department of the
Docket No. 040-08767, License No. SUC-1380, Department of the
Docket No. 030-29462, License No. 45-23645-01NA, Department of
Notice is hereby given that the Director, Nuclear Material Safety
and Safeguards, has issued a Director's Decision on a petition dated
April 3, 2005, filed by Mr. James Salsman, hereinafter referred to as
the ``Petitioner.'' The petition was supplemented on April 26, 2005,
and May 4, 2005. The petition concerns depleted uranium (DU) munition
licensees, specifically the Departments of the Air Force, Army, and
Navy, and ATK Tactical Systems Company, LLC.
The petition requested the U.S. Nuclear Regulatory Commission (NRC)
to fine the licensees and modify their licenses. The Petitioner's
concerns revolve around the combustion products of DU munitions,
specifically hexavalent uranium trioxide (UO3).
Petitioner asserts that the licensees never attempted to detect,
never detected, and failed to recognize that hexavalent UO3
is a hazardous combustion product when DU munitions are fired and
heated at high temperatures. Petitioner contends that DU munitions
licensed activity is unsafe and in violation of NRC requirements.
On May 4, 2005, Petitioner met with the NRC staff's Petition Review
Board via telephone. The meeting gave the Petitioner and the licensees
an opportunity to provide additional information and to clarify issues
raised in the petition.
NRC staff sent a copy of the proposed Director's Decision to the
Petitioner and to all DU munition licenses for comment on September 22,
2005. Petitioner responded with comments on October 19, 2005, and the
licensees responded on October 12, 2005 (Army), and October 17, 2005
(Air Force). The comments are addressed in the Director's Decision.
The Director of the Office of Nuclear Material Safety and
Safeguards has determined that insofar as Petitioner requests, NRC to
require DU munition licensees to report incidents and overexposures to
NRC, and to remediate facilities in accordance with current
regulations, Petitioner's requests are granted. The Director also has
decided to deny Petitioner's requests for modification and/or
revocation of DU munitions licenses and for imposition of fines because
Petitioner did not demonstrate that DU munitions licensees violated any
NRC requirement, or that licensed activity creates conditions hazardous
to the public health and safety or to the environment not already
considered in licensing or addressed by NRC requirements. The reasons
for these decisions are fully explained in the Director's Decision
pursuant to 10 CFR 2.206 (DD-05-08), the complete text of which is
available in Agencywide Document Access and Management System (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 NRC's Web site (http://www.nrc.gov) on the World-Wide
Web, under the ``Public Involvement'' icon. Accession Number for the
Director's Decision is ML053460450.
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 30th day of December 2005.
For the Nuclear Regulatory Commission
Robert C. Pierson,
Acting Director, Office of Nuclear Material Safety and Safeguards.
[FR Doc. E6-60 Filed 1-6-06; 8:45 am]
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