10918 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 

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. 

Federal rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2011–0046. Address questions 

about NRC dockets to Carol Gallagher 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Cindy K. 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, or by fax to RADB at 301–492– 

3446. 

You can access publicly available 

documents related to this notice 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, Room O1 

F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

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 e-mail to 

pdr.resource@nrc.gov. DG–1254 is 

available electronically under ADAMS 

Accession Number ML102090535. In 

addition, electronic copies of DG–1254 

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/. The regulatory analysis 

may be found in ADAMS under 

Accession No. ML102090536. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2011–0046. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland this 18th day 

of February, 2011. 

For the Nuclear Regulatory Commission. 

Richard A. Jervey, 

Acting Chief, Regulatory Guide Development 

Branch, Division of Engineering, Office of 

Nuclear Regulatory Research. 

[FR Doc. 2011–4344 Filed 2–25–11; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 070–0925; NRC–2011–0042] 

License Transfer Order for the 

Cimarron Facility at Crescent, OK 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice of transfer of License 

SNM–928 from Cimarron Corporation to 

the Cimarron Environmental Response 

Trust. 

DATES: Requests for a hearing or leave to 

intervene must be filed by March 21, 

2011. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2011– 

0042 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

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. Federal rulemaking 

Web site: Go to http:// 

www.regulations.gov and search for 

documents filed under Docket ID NRC– 

2011–0042. Address questions about 

NRC dockets to Carol Gallagher 301– 

492–3668; e-mail 

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, or by fax to RADB at 301–492– 

3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine, and have 

copied for fee, publicly available 

documents at the NRC’s PDR, Room 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 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

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 e-mail to 

pdr.resource@nrc.gov. The Transfer 

Order is provided at the end of this 

notice and is available electronically 

under ADAMS Accession Number 

ML110280485. 

Federal rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2011–0042. 

FOR FURTHER INFORMATION CONTACT: Ken 

Kalman, Project Manager, 

Decommissioning and Uranium 

Recovery Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of 

Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; 

Telephone: 301–415–6664; fax number 

301–415–5369; e-mail: 

kenneth.kalman@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The NRC has signed an Order (copy 

included) dated February 14, 2011, 

transferring Source Material License 

SNM–928 for the Cimarron Facility in 

Crescent, Oklahoma to the Cimarron 

Environmental Response Trust (Trust). 

The Trust will be administered by 

Environmental Properties Management, 

LLC. 

II. Summary 

On January 12, 2009, Tronox 

Incorporated and 14 of its affiliates 

(collectively ‘‘Debtors’’) filed voluntary 

petitions for reorganization under 

Chapter 11, Title 11 of the United States 

Code, 11 U.S.C. 1101 et seq., as 

amended, in the United States 

Bankruptcy Court, Southern District of 

New York. Cimarron Corporation, a 


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wholly owned subsidiary of Tronox 

Incorporated, an NRC licensee, is a 

debtor in that case. On January 12, 2009, 

Debtors also informed the NRC by letter 

of the bankruptcy filing. By letter dated 

February 11, 2009, the NRC notified 

Cimarron Corporation of its continuing 

obligations under its NRC license to 

comply with NRC requirements. On 

January 26, 2009, the NRC advised the 

United States Department of Justice 

(‘‘DOJ’’) of its interest in the bankruptcy 

proceeding and on June 22, 2009, at 

DOJ’s request, the NRC submitted a 

Proof of Claim Referral. 

Subsequently, Debtors and DOJ, on 

behalf of and together with certain 

Federal and State entities including the 

NRC, entered into settlement 

discussions with regard to certain sites 

owned by Debtors including sites with 

known or potential environmental 

contamination that are the subject of 

clean-up obligations under Federal, 

Tribal, and State environmental laws. 

Those discussions resulted in the 

development of a global environmental 

settlement agreement (Settlement 

Agreement). On November 23, 2010, the 

proposed Settlement Agreement was 

filed with the Bankruptcy Court. On 

January 26, 2011, the Bankruptcy Court 

entered an Order approving the 

Settlement Agreement. 

The NRC, which had filed claims in 

bankruptcy against Cimarron 

Corporation, entered into the Settlement 

Agreement rather than involve the NRC 

in a protracted legal dispute over the 

limited funds that would be available 

for site remediation from Cimarron 

Corporation assets. The NRC believes 

that measures taken pursuant to the 

Settlement Agreement will permit 

remediation of the Cimarron Site to 

proceed in a timelier manner and will 

maximize the amount of funding 

available for the remediation of the 

Cimarron Site. 

The Settlement Agreement provides 

that on the date that the Settlement 

Agreement becomes effective (‘‘Effective 

Date’’), Debtors will transfer all of their 

right, title and interest related to the 

Cimarron Site to the Cimarron 

Environmental Response Trust 

(Cimarron Trust). In accordance with 

the Settlement Agreement, the purpose 

of the Cimarron Trust shall be to: (i) Act 

as successor to Debtors solely for the 

purpose of performing, managing, and 

funding implementation of all 

decommissioning and/or site control 

and maintenance activities pursuant to 

the terms and conditions of the 

Cimarron License and an NRC-approved 

decommissioning plan, and all 

environmental actions required under 

Federal or State law; (ii) own the 

Cimarron Site; (iii) carry out 

administrative functions related to the 

performance of work by or on behalf of 

the Cimarron Site; (iv) fulfill other 

obligations as set forth in the Settlement 

Agreement; (v) pay certain regulatory 

fees and oversight costs; and (vi) 

ultimately sell, transfer or otherwise 

dispose or facilitate the reuse of all or 

part of the Cimarron trust assets, if 

possible. In conjunction with the 

development of the Settlement 

Agreement, DOJ, the NRC, and the State 

of Oklahoma undertook to identify a 

Trustee to administer the Cimarron 

Trust. Environmental Properties 

Management, LLC, not individually but 

solely in its representative capacity as 

Cimarron Trustee, has been appointed 

as the Cimarron Trustee to administer 

the Cimarron Trust and the Cimarron 

Trust Accounts, in accordance with the 

Settlement Agreement and a Cimarron 

Environmental Response Trust 

Agreement (‘‘Cimarron Trust 

Agreement’’) materially consistent with 

the Settlement Agreement to be 

separately executed by the parties. 

The Settlement Agreement further 

provides that on or before the Effective 

Date, with the approval of the NRC and 

in accordance with the Atomic Energy 

Act of 1954, as amended (42 U.S.C. 2011 

et seq.) and applicable regulations in 10 

CFR part 70, the Radioactive Materials 

License SNM–928 held by Cimarron 

Corporation shall either be transferred 

to the Cimarron Trust; be transferred to 

Environmental Properties Management, 

LLC; or be transferred to a person or 

entity retained by the Cimarron Trustee 

and approved by NRC to hold the 

Cimarron License, pursuant to an Order 

Transferring License issued by the NRC. 

III. NRC Review 

The NRC staff reviewed the settlement 

agreement and the Cimarron Trust 

Agreement and determined that the 

Trustee has agreed to take the necessary 

steps to undertake remediation of the 

site to the extent permitted by the funds 

available to the Trust in accordance 

with this order. 

Remediation of the Cimarron Site is to 

be conducted in accordance with the 

terms and conditions of License SNM– 

928, the Settlement Agreement, and the 

Cimarron Trust Agreement. The Trustee 

has agreed to these terms and 

conditions. 

The Trustee’s maintenance of the site 

and administration of the site in 

accordance with License SNM–928, the 

terms of the Settlement Agreement, the 

Cimarron Trust Agreement, and the 

terms of this Order, will provide 

adequate protection of the public health 

and safety and reasonable assurance of 

compliance with the Commission’s 

regulations. 

Pursuant to the terms of the 

Settlement Agreement, DOJ in 

coordination with the NRC, and the 

State of Oklahoma, selected 

Environmental Properties Management, 

LLC, as Trustee. Environmental 

Properties Management, LLC, is 

qualified to perform the duties 

enumerated in this Order. 

IV. Further Information 

Documents related to this action, 

including the application for 

amendment and supporting 

documentation, 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 Agency-wide 

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: Settlement Agreement 

dated January 26, 2011, ML110320603; 

and the Environmental Response Trust 

Agreement dated February 14, 2011, 

ML110450212. 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. 

V. Opportunity To Request a Hearing 

Requirements for hearing requests and 

petitions for leave to intervene are 

found in 10 CFR 2.309, ‘‘Hearing 

Requests, Petitions to Intervene, 

Requirements for Standing, and 

Contentions.’’ Interested persons should 

consult 10 CFR part 2, § 2.309, which is 

available at the NRC’s Public Document 

Room (PDR), located at O1 F21, One 

White Flint North,11555 Rockville Pike, 

Rockville, MD 20852 (or call the PDR at 

800–397–4209 or 301–415–4737). NRC 

regulations are also accessible 

electronically from the NRC’s Electronic 

Reading Room on the NRC Web site at 

http://www.nrc.gov. 

VI. Petitions for Leave To Intervene 

Any person whose interest may be 

affected by this proceeding and who 

wishes to participate as a party in the 

proceeding must file a written petition 

for leave to intervene. As required by 10 

CFR 2.309, a petition for leave to 

intervene shall set forth with 

particularity the interest of the 

petitioner in the proceeding and how 

that interest may be affected by the 

results of the proceeding. The petition 

must provide the name, address, and 


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telephone number of the petitioner and 

specifically explain the reasons why 

intervention should be permitted with 

particular reference to the following 

factors: (1) The nature of the petitioner’s 

right under the Act to be made a party 

to the proceeding; (2) the nature and 

extent of the petitioner’s property, 

financial, or other interest in the 

proceeding; and (3) the possible effect of 

any order that may be entered in the 

proceeding on the petitioner’s interest. 

A petition for leave to intervene must 

also include a specification of the 

contentions that the petitioner seeks to 

have litigated in the hearing. For each 

contention, the petitioner must provide 

a specific statement of the issue of law 

or fact to be raised or controverted, as 

well as a brief explanation of the basis 

for the contention. Additionally, the 

petitioner must demonstrate that the 

issue raised by each contention is 

within the scope of the proceeding and 

is material to the findings the NRC must 

make to support the granting of a license 

amendment in response to the 

application. The petition must also 

include a concise statement of the 

alleged facts or expert opinions which 

support the position of the petitioner 

and on which the petitioner intends to 

rely at hearing, together with references 

to the specific sources and documents 

on which the petitioner intends to rely. 

Finally, the petition must provide 

sufficient information to show that a 

genuine dispute exists with the 

applicant on a material issue of law or 

fact, including references to specific 

portions of the application for 

amendment that the petitioner disputes 

and the supporting reasons for each 

dispute, or, if the petitioner believes 

that the application for amendment fails 

to contain information on a relevant 

matter as required by law, the 

identification of each failure and the 

supporting reasons for the petitioner’s 

belief. Each contention must be one 

that, if proven, would entitle the 

petitioner to relief. 

Those permitted to intervene become 

parties to the proceeding, subject to any 

limitations in the order granting leave to 

intervene, and have the opportunity to 

participate fully in the conduct of the 

hearing with respect to resolution of 

that person’s admitted contentions, 

including the opportunity to present 

evidence and to submit a crossexamination plan for cross-examination 

of witnesses, consistent with NRC 

regulations, policies, and procedures. 

The Atomic Safety and Licensing Board 

will set the time and place for any 

prehearing conferences and evidentiary 

hearings, and the appropriate notices 

will be provided. 

Non-timely petitions for leave to 

intervene and contentions, amended 

petitions, and supplemental petitions 

will not be entertained absent a 

determination by the Commission, the 

Atomic Safety and Licensing Board or a 

Presiding Officer that the petition 

should be granted and/or the 

contentions should be admitted based 

upon a balancing of the factors specified 

in 10 CFR 2.309(c)(1)(i)–(viii). 

A State, County, Municipality, 

Federally-recognized Indian Tribe, or 

agencies thereof, may submit a petition 

to the Commission to participate as a 

party under 10 CFR 2.309(d)(2). The 

petition should state the nature and 

extent of the petitioner’s interest in the 

proceeding. The petition should be 

submitted to the Commission by March 

21, 2011. The petition must be filed in 

accordance with the filing instructions 

in Section IV of this document, and 

should meet the requirements for 

petitions for leave to intervene set forth 

in this section, except that State and 

federally-recognized Indian Tribes do 

not need to address the standing 

requirements in 10 CFR 2.309(d)(1) if 

the facility is located within its 

boundaries. The entities listed above 

could also seek to participate in a 

hearing as a nonparty pursuant to 10 

CFR 2.315(c). 

Any person who does not wish, or is 

not qualified, to become a party to this 

proceeding may request permission 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 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 such 

limits and conditions as may be 

imposed by the Atomic Safety and 

Licensing Board. Persons desiring to 

make a limited appearance are 

requested to inform the Secretary of the 

Commission by March 21, 2011. 

VII. Electronic Submissions (E-Filing) 

All documents filed in NRC 

adjudicatory proceedings, including a 

request for hearing, a petition for leave 

to intervene, 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 participating 

under 10 CFR 2.315(c), must be filed in 

accordance with the NRC E-Filing rule 

(72 FR 49139, August 28, 2007). 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. 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 ten 

(10) days prior to the filing deadline, the 

participant should contact the Office of 

the Secretary by e-mail at 

hearing.docket@nrc.gov, or by telephone 

at (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 (2) advise the 

Secretary that the participant will be 

submitting a request or petition for 

hearing (even in instances in which the 

participant, or its counsel or 

representative, already holds an NRCissued 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 

NRC’s public Web site at http:// 

www.nrc.gov/site-help/e-submittals/ 

apply-certificates.html. System 

requirements for accessing the ESubmittal server are detailed in NRC’s 

‘‘Guidance for Electronic Submission,’’ 

which is available on the agency’s 

public Web site at http://www.nrc.gov/ 

site-help/e-submittals.html. Participants 

may attempt to use other software not 

listed on the Web site, but should note 

that the NRC’s E-Filing system does not 

support unlisted software, and the NRC 

Meta System Help Desk will not be able 

to offer assistance in using unlisted 

software. 

If a participant is electronically 

submitting a document to the NRC in 

accordance with the E-Filing rule, the 

participant must file the document 

using the NRC’s online, Web-based 

submission form. In order to serve 

documents through EIE, users will be 

required to install a Web browser plugin from the NRC Web site. Further 

information on the Web-based 

submission form, including the 

installation of the Web browser plug-in, 

is available on the NRC’s public Web 

site at http://www.nrc.gov/site-help/esubmittals.html. 

Once a participant has obtained a 

digital ID certificate and a docket has 

been created, the participant can then 

submit a request for hearing or petition 

for leave to intervene. Submissions 

should be in Portable Document Format 


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(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 documents are 

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 e-mail notice 

confirming receipt of the document. The 

E-Filing system also distributes an email 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 may seek assistance by 

contacting the NRC Meta System Help 

Desk through the ‘‘Contact Us’’ link 

located on the NRC Web site at http:// 

www.nrc.gov/site-help/esubmittals.html, by e-mail at 

MSHD.Resource@nrc.gov, or by a tollfree call at 866–672–7640. The NRC 

Meta System Help Desk is available 

between 8 a.m. and 8 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 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. 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 NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd1.nrc.gov/EHD, unless excluded 

pursuant to an order of the Commission, 

or the presiding officer. Participants are 

requested not to include personal 

privacy information, such as social 

security numbers, home addresses, or 

home phone numbers in their filings, 

unless an NRC regulation or other law 

requires submission of such 

information. 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. 

Petitions for leave to intervene must 

be filed no later than 20 days from 

February 28, 2011. Non-timely filings 

will not be entertained absent a 

determination by the presiding officer 

that the petition or request should be 

granted or the contentions should be 

admitted, based on a balancing of the 

factors specified in 10 CFR 

2.309(c)(1)(i)–(viii). 

Dated at Rockville, Maryland, this 16th day 

of February, 2011. 

For the Nuclear Regulatory Commission. 

Keith I. 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. 

United States of America 

Nuclear Regulatory Commission 

[Docket No. 70–0925] 

License No. SNM–928 

In the Matter of Cimarron Corporation, 

Oklahoma City, OK; Order Transferring 

License No. SNM–928 for the Cimarron 

Site 

I 

Cimarron Corporation is the holder of 

License SNM–928, which authorizes the 

possession of Byproduct, Source, and/or 

Special Nuclear Material at the 

Cimarron Site in Crescent, Oklahoma. In 

accordance with Amendment No. 20 of 

the license, the license will not expire 

until the United States Nuclear 

Regulatory Commission (‘‘NRC’’) 

terminates it. 

II 

The Kerr-McGee Corporation (KMC) 

operated two plants at the Cimarron Site 

between 1965 and 1975, each under its 

own separate Atomic Energy 

Commission license. Radioactive 

Materials License SNM–928 (Docket No. 

70–0925) was issued under 10 CFR part 

70 for the Uranium Fuel Fabrication 

Facility, and Radioactive Materials 

License SNM–1174 (Docket No. 70– 

1193) was issued under 10 CFR part 70 

for the Mixed Oxide Fuel Fabrication 

(MOFF) Facility. 

Subsequently, on October 26, 1988, 

Cimarron Corporation, a wholly-owned 

subsidiary of KMC, became responsible 

for the Cimarron Site (License SNM– 

928, Amendment 6). After Cimarron 

Corporation ceased operations, NRC 

terminated Radioactive Materials 

License SNM–1174 by letter dated 

February 5, 1993. Although Radioactive 

Materials License SNM–1174 was 

terminated, the MOFF plant building 

exterior surfaces and grounds were 

retained under Radioactive Materials 

License SNM–928. Cimarron 

Corporation began decommissioning in 

1977. As part of its decommissioning 

program, Cimarron Corporation divided 

the site into 3 major areas (Areas I–III) 

which were subdivided into 15 discrete 

subareas (Subareas A–O). To date, most 

of the decommissioning activities 

needed for release of the Cimarron Site 

for unrestricted use and to terminate 

Radioactive Materials License SNM–928 

have been completed. The remaining 

activities to be completed include the 

release of Subareas F, G, and N as well 

as groundwater remediation. 

Groundwater contamination has been 

identified in Subareas F and C, as well 

as in the western upland and the 

western alluvial areas of the site. 

Final status surveys and confirmatory 

surveys have confirmed that Subareas G 

and N are releasable for unrestricted 

use, but NRC has determined that these 

areas should not be released until 

groundwater remediation is complete. 

Because groundwater exceeds license 

criteria in Subarea F, this area cannot be 

released for unrestricted use until 

groundwater remediation is complete. 

In November 2005, KMC transferred 

ownership of Cimarron Corporation to 

Tronox Incorporated. Cimarron 

Corporation considered several 

alternatives for groundwater 

remediation including natural 

attenuation, excavation, bioremediation, 

and the use of institutional controls. On 


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10922 Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 

December 11, 2006, Cimarron 

Corporation submitted its proposal to 

use bioremediation. 

The NRC staff conducted an expanded 

acceptance review of the December 11, 

2006, bioremediation proposal. By letter 

dated March 28, 2007, the NRC rejected 

the proposal because deficiencies in the 

information provided precluded the 

staff from conducting a detailed 

technical review. On June 2, 2008, 

Cimarron Corporation submitted a 

revised license amendment request for 

the use of bioremediation and 

supplemented the request with 

additional information on September 5, 

2008. The staff had several interactions 

with Cimarron Corporation which 

resulted in Cimarron Corporation 

submitting a revised Groundwater 

Decommissioning Plan on March 31, 

2009. The staff completed its acceptance 

review of the Groundwater 

Decommissioning Plan on May 19, 

2009. 

The NRC has determined that the 

Cimarron facility poses no immediate 

threat to public health and safety. 

III 

On January 12, 2009, Tronox 

Incorporated and 14 of its affiliates 

(collectively ‘‘Debtors’’) filed voluntary 

petitions for reorganization under 

Chapter 11, Title 11 of the United States 

Code, 11 U.S.C. 1101 et seq., as 

amended, in the United States 

Bankruptcy Court, Southern District of 

New York. Cimarron Corporation, a 

wholly owned subsidiary of Tronox 

Incorporated, an NRC licensee, is a 

debtor in that case. On January 12, 2009, 

Debtors also informed the NRC by letter 

of the bankruptcy filing. By letter dated 

February 11, 2009, the NRC notified 

Cimarron Corporation of its continuing 

obligations under its NRC license to 

comply with NRC requirements. On 

January 26, 2009, the NRC advised the 

United States Department of Justice 

(DOJ) of its interest in the bankruptcy 

proceeding and on June 22, 2009, at 

DOJ’s request, the NRC submitted a 

Proof of Claim Referral. 

Subsequently, Debtors and DOJ, on 

behalf of and together with certain 

Federal and State entities including the 

NRC, entered into settlement 

discussions with regard to certain sites 

owned by Debtors including sites with 

known or potential environmental 

contamination that are the subject of 

clean-up obligations under Federal, 

Tribal, and State environmental laws. 

Those discussions resulted in the 

development of a global environmental 

settlement agreement (Settlement 

Agreement). On November 23, 2010, the 

proposed Settlement Agreement was 

filed with the Bankruptcy Court. On 

January 26, 2011, the Bankruptcy Court 

entered an order approving the 

Settlement Agreement. 

The NRC, which had filed claims in 

bankruptcy against Cimarron 

Corporation, entered into the Settlement 

Agreement rather than involve the NRC 

in a protracted legal dispute over the 

limited funds that would be available 

for site remediation from Cimarron 

Corporation assets. The NRC believes 

that measures taken pursuant to the 

Settlement Agreement will permit 

remediation of the Cimarron Site to 

proceed in a timelier manner and will 

maximize the amount of funding 

available for the remediation of the 

Cimarron Site. 

The Settlement Agreement provides 

that on the date that the Settlement 

Agreement becomes effective (‘‘Effective 

Date’’), Debtors will transfer all of their 

right, title and interest related to the 

Cimarron Site to the Cimarron 

Environmental Response Trust 

(‘‘Cimarron Trust’’). In accordance with 

the Settlement Agreement, the purpose 

of the Cimarron Trust shall be to: (i) Act 

as successor to Debtors solely for the 

purpose of performing, managing, and 

funding implementation of all 

decommissioning and/or site control 

and maintenance activities pursuant to 

the terms and conditions of the 

Cimarron License and an NRC-approved 

decommissioning plan, and all 

environmental actions required under 

Federal or State law; (ii) own the 

Cimarron Site; (iii) carry out 

administrative functions related to the 

performance of work by or on behalf of 

the Cimarron Site; (iv) fulfill other 

obligations as set forth in the Settlement 

Agreement; (v) pay certain regulatory 

fees and oversight costs; and (vi) 

ultimately sell, transfer or otherwise 

dispose or facilitate the reuse of all or 

part of the Cimarron Trust assets, if 

possible. In conjunction with the 

development of the Settlement 

Agreement, DOJ, the NRC, and the State 

of Oklahoma undertook to identify a 

Trustee to administer the Cimarron 

Trust. Environmental Properties 

Management, LLC, not individually but 

solely in its representative capacity as 

Cimarron Trustee, has been appointed 

as the Cimarron Trustee to administer 

the Cimarron Trust and the Cimarron 

Trust Accounts, in accordance with the 

Settlement Agreement and a Cimarron 

Environmental Response Trust 

Agreement (‘‘Cimarron Trust 

Agreement’’), materially consistent with 

the Settlement Agreement to be 

separately executed by the parties. 

The Settlement Agreement further 

provides that on or before the Effective 

Date, with the approval of the NRC and 

in accordance with the Atomic Energy 

Act of 1954, as amended (42 U.S.C. 2011 

et seq.) and applicable regulations in 10 

CFR part 70, the Radioactive Materials 

License SNM–928 held by Cimarron 

Corporation shall either be transferred 

to the Cimarron Trust; be transferred to 

Environmental Properties Management, 

LLC, or be transferred to a person or 

entity retained by the Cimarron Trustee 

and approved by NRC to hold the 

Cimarron License pursuant to an Order 

Transferring License issued by the NRC. 

NRC has been informed that the 

effective date of the settlement 

agreement is February 14, 2011. 

IV 

Remediation of the Cimarron Site is to 

be conducted in accordance with the 

terms and conditions of License SNM– 

928, the Settlement Agreement, and the 

Cimarron Trust Agreement. The Trustee 

has agreed to these terms and 

conditions. 

The Trustee’s maintenance of the site 

and administration of the site in 

accordance with License SNM–928, the 

terms of the Settlement Agreement, the 

Cimarron Trust Agreement, and the 

terms of this Order, will provide 

adequate protection of the public health 

and safety and reasonable assurance of 

compliance with the Commission’s 

regulations. 

Pursuant to the terms of the 

Settlement Agreement, DOJ in 

coordination with the NRC, and the 

State of Oklahoma, selected 

Environmental Properties Management, 

LLC, as Trustee. Environmental 

Properties Management, LLC, is 

qualified to perform the duties 

enumerated in this Order. 

In view of the foregoing, I have 

authorized the transfer of License SNM– 

928 to the Cimarron Trust, such license 

to be amended to reflect the change in 

the named licensee and an effective date 

coinciding with the effective date of the 

Settlement Agreement. The Trustee 

accedes to this Order voluntarily, and 

has agreed to take the necessary steps to 

undertake remediation of the site to the 

extent permitted by the funds available 

to the Trust, according to the 

requirements in Part V of this Order. 

V 

Accordingly, pursuant to Sections 53, 

62, 161(b), 161(i),161(o), and 184 of the 

Atomic Energy Act of 19154, as 

amended (42 U.S.C. et seq.), and the 

Commission’s regulations in 10 CFR 

part 70, it is hereby ordered that, 

effective February 14, 2011, License 

SNM–928 is transferred to the Cimarron 

Trust and the Trustee is authorized to 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 39 / Monday, February 28, 2011 / Notices 10923 

possess Byproduct, Source, and Special 

Nuclear Material at the Cimarron Site 

pursuant to the terms and conditions of 

License SNM–928. It is further ordered 

that: 

(1) The Trustee shall comply with all 

conditions set forth in the Settlement 

Agreement and any amendments 

thereto, and the Cimarron Trust 

Agreement and any amendments 

thereto. 

(2) Within 60 days of the date of this 

Order, and every 180 days thereafter, 

the Trustee shall submit a report to the 

Deputy Director, Division of Waste 

Management and Environmental 

Protection, Mailstop T8–F5, U.S. 

Nuclear Regulatory Commission, 11545 

Rockville Pike, Rockville, Maryland 

20852, detailing all actions and 

associated actual expenditures for the 

previous period and a projection of 

actions and expenses for the subsequent 

period. 

(3) Upon completion of the 

groundwater remediation and in 

conformance with the requirements in 

10 CFR part 70 and the conditions set 

forth in License SNM–928, the Cimarron 

Trustee shall, within 30 days, conduct 

a radiation survey of the site, and within 

90 days of completion of the radiation 

survey, submit a final status survey 

report to the Deputy Director, Mailstop 

T8–F5, U.S. Nuclear Regulatory 

Commission, 11545 Rockville Pike, 

Rockville, Maryland 20852 for NRC 

review, to demonstrate that the site 

meets the criteria for unrestricted 

release. 

(4) The Trustee’s responsibilities, 

liabilities and authority under License 

SNM–928 shall terminate only upon 

Order of the NRC. 

(5) No more than 5 percent of the 

remaining funds in the Cimarron 

Federal Environmental Cost Account 

shall be spent in any 6-month period 

without NRC approval. 

(6) Pursuant to Paragraph 56(c)(ii) of 

the Settlement Agreement, the assets of 

the Cimarron Standby Trust Fund shall 

not be accessed until further Order 

issued by the NRC. 

(7) The requirements in this Order 

may only be modified in writing by the 

Director, Office of Federal and State 

Materials and Environmental 

Management Programs. 

VI 

Any person adversely affected by this 

Order, other than Cimarron or the 

Trustee, may request a hearing within 

20 days of its issuance. Any request for 

a hearing shall be submitted to Charles 

L. Miller, Director, Office of Federal and 

State Materials and Environmental 

Management Programs, Mailstop T8– 

A23, U.S. Nuclear Regulatory 

Commission, 11545 Rockville Pike, 

Rockville, MD 20852, and to the 

Trustee, Environmental Properties 

Management, LLC, Attn: Mr. Bill 

Halliburton, Administrator, Cimarron 

Environmental Response Trust, c/o 

Environmental Properties Management, 

LLC, 9400 Ward Parkway, Kansas City, 

Missouri 64114. If a hearing is 

requested, the requester shall set forth 

with particularity the manner in which 

his or her interest is adversely affected 

by this Order and shall address the 

criteria set forth in 10 CFR 2.309. 

If a hearing is requested by a person 

whose interest is adversely affected by 

this Order, the Commission will 

consider the hearing request pursuant to 

10 CFR part 2, subpart M, and will issue 

an Order designating the time and place 

of any hearing. If a hearing is held, the 

procedures of Subpart M will be applied 

as provided by the Order designating 

the time and place of the hearing. The 

issue to be considered at such hearing 

shall be whether this Order transferring 

the license should be sustained. Any 

request for a hearing shall not stay the 

effectiveness of this Order. 

For the Nuclear Regulatory Commission. 

Dated at Rockville, Maryland, this 14th day 

of February, 2011. 

Charles L. Miller, 

Director, Office of Federal and State 

Materials and Environmental Management 

Programs. 

[FR Doc. 2011–4348 Filed 2–25–11; 8:45 am] 

BILLING CODE 7590–01–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

Submission for Review: Extension of 

an Expiring Information Collection 

3206–0165; General Request for 

Investigative Information (INV 40) on 

Employment Data and Supervisor 

Information (INV 41), Personal 

Information (INV 42), Educational 

Registrar and Dean of Students Record 

Data (INV 43), and Law Enforcement 

Data (INV 44) 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: 30-Day notice and request for 

comments. 

SUMMARY: The Federal Investigative 

Services (FIS), U.S. Office of Personnel 

Management (OPM) offers the general 

public and other Federal agencies the 

opportunity to comment on the 

extension of an expiring information 

collection request (ICR), Office of 

Management and Budget (OMB) Control 

No. 3206–0165, for the General Request 

for Investigative Information (INV 40), 

the Investigative Request for 

Employment Data and Supervisor 

Information (INV 41), the Investigative 

Request for Personal Information (INV 

42), the Investigative Request for 

Educational Registrar and Dean of 

Students Record Data (INV 43), and the 

Investigative Request for Law 

Enforcement Data (INV 44). As required 

by the Paperwork Reduction Act of 

1995, (Pub. L. 104–13, 44 U.S.C. chapter 

35) as amended by the Clinger-Cohen 

Act (Pub. L. 104–106), OPM is soliciting 

comments for this collection. The Office 

of Management and Budget (OMB) is 

particularly interested in comments 

that: 

1. Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

2. Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

3. Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

4. Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submissions 

of responses. 

DATES: Comments are encouraged and 

will be accepted until March 30, 2011. 

This process is conducted in accordance 

with 5 CFR 1320.1. 

ADDRESSES: Interested persons are 

invited to submit written comments on 

the proposed information collection to 

the Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, 725 17th Street, NW., 

Washington, DC 20503, Attention: Desk 

Officer for the Office of Personnel 

Management or sent via electronic mail 

to oira_submission@opm.eop.gov or 

faxed to (202) 395–6974; and Federal 

Investigative Services, U.S. Office of 

Personnel Management, 1900 E Street, 

NW., Washington, DC 20415, Attention: 

Lisa Loss or sent via electronic mail to 

FISFormsComments@opm.gov. 

FOR FURTHER INFORMATION CONTACT: A 

copy of this ICR, with applicable 

supporting documentation, may be 

obtained by contacting the Federal 

Investigative Services, U.S. Office of 

Personnel Management, 1900 E. Street, 

NW., Washington, DC 20415, Attention: 


srobinson on DSKHWCL6B1PROD with NOTICES