Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices 53905 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Information Security Oversight Office 

Public Interest Declassification Board 

(PIDB); Notice of Meeting 

Pursuant to Section 1102 of the 

Intelligence Reform and Terrorism 

Prevention Act of 2004 which extended 

and modified the Public Interest 

Declassification Board (PIDB) as 

established by the Public Interest 

Declassification Act of 2000 (Pub. L. 

106–567, title VII, December 27, 2000, 

114 Stat. 2856), announcement is made 

for the following committee meeting: 

Name of Committee: Public Interest 

Declassification Board (PIDB). 

Date of Meeting: Saturday, September 27, 

2008. 

Time of Meeting: 9:30 a.m. to 11:30 a.m. 

Place of Meeting: National Archives and 

Records Administration, 700 Pennsylvania 

Avenue, NW., Room 105, Washington, DC 

20408. 

Purpose: To discuss declassification 

program issues. 

This meeting will be open to the public. 

However, due to space limitations and access 

procedures, the name and telephone number 

of individuals planning to attend must be 

submitted to the Information Security 

Oversight Office (ISOO) no later than 

Wednesday, September 24, 2008. ISOO will 

provide additional instructions for gaining 

access to the location of the meeting. 

For Further Information Contact: Julie A. 

Agurkis, PIDB Staff, Information Security 

Oversight Office, National Archives Building, 

700 Pennsylvania Avenue, NW., Washington, 

DC 20408, telephone number (202) 357–5308. 

Dated: September 10, 2008. 

William J. Bosanko, 

Director, Information Security Oversight 

Office. 

[FR Doc. E8–21713 Filed 9–16–08; 8:45 am] 

BILLING CODE 7515–01–P 

NATIONAL COUNCIL ON DISABILITY 

(NCD) 

Sunshine Act Meetings 

TYPE: Quarterly Meeting. 

DATES AND TIMES: 

October 6, 2008, 8:30 a.m.–5 p.m. 

October 7, 2008, 8:30 a.m.–5 p.m. 

October 8, 2008, 8:30 a.m.–11 a.m. 

LOCATION: Hyatt Regency Crown Center, 

2345 McGee Street, Kansas City, 

Missouri. 

STATUS: 

October 6, 2008, 8:30 a.m.–5 p.m.— 

Open. 

October 7, 2008, 8:30 a.m.–4 p.m.— 

Open. 

October 7, 2008, 4:00 p.m.–5 p.m.— 

Closed Executive Session. 

October 8, 2008, 8:30 a.m.–11 a.m.— 

Open. 

AGENDA: Public Comment Sessions; 

Discussions on Emergency 

Preparedness, Vocational Rehabilitation, 

Veterans, Healthcare; NCD’s Progress 

Report, Reports from the Chairperson, 

Council Members, and the Executive 

Director; Unfinished Business; New 

Business; Announcements; 

Adjournment. 

SUNSHINE ACT MEETING CONTACT: Mark S. 

Quigley, Director of External Affairs, 

NCD, 1331 F Street, NW., Suite 850, 

Washington, DC 20004; 202–272–2004 

(voice), 202–272–2074 (TTY), 202–272– 

2022 (fax). 

ACCOMMODATIONS: Those needing 

reasonable accommodations should 

notify NCD immediately. 

Dated: September 10, 2008. 

Michael C. Collins, 

Executive Director. 

[FR Doc. E8–21858 Filed 9–15–08; 4:15 pm] 

BILLING CODE 6820–MA–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 040–06394] 

Notice of Consideration of Amendment 

Request for Decommissioning of the 

Department of the Army, U.S. Army 

Research, Development and 

Engineering Command, Army 

Research Laboratory, Aberdeen 

Proving Ground, MD and Opportunity 

To Request a Hearing 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of amendment request 

and opportunity to request a hearing. 

DATES: A request for a hearing must be 

filed by November 17, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Betsy Ullrich, Senior Health Physicist, 

Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I, 

U.S. Nuclear Regulatory Commission, 

King of Prussia, PA 19406. Telephone: 

(610) 337–5040; fax number: (610) 337– 

5269; or e-mail: 

Elizabeth.Ullrich@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is considering issuance of a 

license amendment to Source Material 

License No. SMB–141 issued to the 

Department of the Army, U.S. Army 

Research, Development and Engineering 

Command, Army Research Laboratory 

(the Licensee), to authorize 

decommissioning of its Army Research 

Laboratory (ARL) Building 1103A Area 

(the Facility) at the Aberdeen Proving 

Ground, Maryland, under the Licensee’s 

Decommissioning Plan (DP). 

An NRC administrative review, 

documented in a letter to the Army 

Research Laboratory dated August 5, 

2008, found the DP acceptable to begin 

a technical review. 

If the NRC approves the DP, the 

approval will be documented in an 

amendment to NRC License No. SMB– 

141. However, before approving the 

proposed amendment, the NRC will 

need to make the findings required by 

the Atomic Energy Act of 1954, as 

amended, and NRC’s regulations. These 

findings will be documented in a Safety 

Evaluation Report and an 

Environmental Assessment and/or an 

Environmental Impact Statement. The 

license will be amended to authorize 

release of the Facility for unrestricted 

use if this amendment is approved 

following completion of 

decommissioning activities and 

verification by the NRC that the 

radiological criteria for license 

termination have been met. 

II. Opportunity To Request a Hearing 

The NRC hereby provides notice that 

this is a proceeding on an application 

for a license amendment regarding the 

decommissioning of Building 1103A 

Area. Any person whose interest may be 

affected by this proceeding, and who 

desires to participate as a party, must 

file a request for a hearing and a 

specification of the contentions which 

the person seeks to have litigated in the 

hearing, in accordance with the NRC EFiling rule, which the NRC promulgated 

in August 2007 (72 FR 49139, Aug. 28, 

2007). The E-Filing rule requires 

participants to submit and serve 

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 a waiver 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 

petitioner/requester must contact the 

Office of the Secretary by e-mail at 

HEARINGDOCKET@NRC.GOV, or by 

calling (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/or (2) creation of an 

electronic docket for the proceeding 

(even in instances in which the 

petitioner/requester (or its counsel or 


pwalker on PROD1PC71 with NOTICES
53906 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices 

representative) already holds an NRCissued digital ID certificate). Each 

petitioner/requester will need to 

download the Workplace Forms 

ViewerTM to access the Electronic 

Information Exchange (EIE), a 

component of the E-Filing system. The 

Workplace Forms ViewerTM is free and 

is available at http://www.nrc.gov/sitehelp/e-submittals/install-viewer.html. 

Information about applying for a digital 

ID certificate is available on NRC’s 

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

sitehelp/e-submittals/applycertificates.html. 

Once a petitioner/requester has 

obtained a digital ID certificate, had a 

docket created, and downloaded the EIE 

viewer, it can then submit a request for 

hearing or petition for leave to 

intervene. Submissions should be in 

Portable Document Format (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 filer submits its 

documents through EIE. To be timely, 

an electronic filing must be submitted to 

the EIE 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 

EIE system also distributes an e-mail 

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 may 

seek assistance through the ‘‘Contact 

Us’’ link located on the NRC Web site 

at http://www.nrc.gov/site-help/esubmittals.html or by calling the NRC 

technical help line, which is available 

between 8:30 a.m. and 4:15 p.m., 

Eastern Time, Monday through Friday. 

The help line number is (800) 397–4209 

or locally, (301) 415–4737. 

Participants who believe that they 

have a good cause for not submitting 

documents electronically must file a 

motion, 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 firstclass 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. 

Non-timely requests and/or petitions 

and contentions will not be entertained 

absent a determination by the 

Commission, the presiding officer, or 

the Atomic Safety and Licensing Board 

that the petition and/or request should 

be granted and/or the contentions 

should be admitted based on a 

balancing of the factors specified in 10 

CFR 2.309(c)(1)(i)–(c)(1)(viii). To be 

timely, filings must be submitted no 

later than 11:59 p.m. Eastern Time on 

the due date. 

Documents submitted in adjudicatory 

proceedings will appear in NRC’s 

electronic hearing docket which is 

available to the public at http:// 

ehd.nrc.gov/EHD_Proceeding/home.asp, 

unless excluded pursuant to an order of 

the Commission, an Atomic Safety and 

Licensing Board, or a Presiding Officer. 

Participants are requested not to include 

Social Security numbers in their filings. 

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. 

The formal requirements for 

documents contained in 10 CFR 

2.304(c)–(e) must be met. If the NRC 

grants an electronic document 

exemption in accordance with 10 CFR 

2.302(g)(3)), then the requirements for 

paper documents, set forth in 10 CFR 

2.304(b) must be met. 

In accordance with 10 CFR 2.309(b), 

a request for a hearing must be filed by 

November 17, 2008. 

In addition to meeting other 

applicable requirements of 10 CFR 

2.309, the general requirements 

involving a request for a hearing filed by 

a person other than an applicant must 

state: 

1. The name, address, and telephone 

number of the requester; 

2. The nature of the requester’s right 

under the Act to be made a party to the 

proceeding; 

3. The nature and extent of the 

requester’s property, financial, or other 

interest in the proceeding; 

4. The possible effect of any decision 

or order that may be issued in the 

proceeding on the requester’s interest; 

and 

5. The circumstances establishing that 

the request for a hearing is timely in 

accordance with 10 CFR 2.309(b). 

In accordance with 10 CFR 2.309(f)(1), 

a request for hearing or petitions for 

leave to intervene must set forth with 

particularity the contentions sought to 

be raised. For each contention, the 

request or petition must: 

1. Provide a specific statement of the 

issue of law or fact to be raised or 

controverted; 

2. Provide a brief explanation of the 

basis for the contention; 

3. Demonstrate that the issue raised in 

the contention is within the scope of the 

proceeding; 

4. Demonstrate that the issue raised in 

the contention is material to the 

findings that the NRC must make to 

support the action that is involved in 

the proceeding; 

5. Provide a concise statement of the 

alleged facts or expert opinions which 

support the requester’s/petitioner’s 

position on the issue and on which the 

requester/petitioner intends to rely to 

support its position on the issue; and 

6. Provide sufficient information to 

show that a genuine dispute exists with 

the applicant on a material issue of law 

or fact. This information must include 

references to specific portions of the DP 

that the requester/petitioner disputes 

and the supporting reasons for each 

dispute, or, if the requester/petitioner 

believes the application fails to contain 

information on a relevant matter as 

required by law, the identification of 

each failure and the supporting reasons 

for the requester’s/petitioner’s belief. 

Requesters/petitioners should, when 

possible, consult with each other in 

preparing contentions and combine 

similar subject matter concerns into a 

joint contention, for which one of the 

co-sponsoring requesters/petitioners is 

designated the lead representative. 

Further, in accordance with 10 CFR 

2.309(f)(3), any requester/petitioner that 

wishes to adopt a contention proposed 

by another requester/petitioner must do 

so, in accordance with the E-Filing rule, 

within ten days of the date the 

contention is filed, and designate a 

representative who shall have the 

authority to act for the requester/ 

petitioner. 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Notices 53907 

In accordance with 10 CFR 2.309(g), 

a request for hearing and/or petition for 

leave to intervene may also address the 

selection of the hearing procedures, 

taking into account the provisions of 10 

CFR 2.310. 

III. 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 Agencywide 

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: 

Submittal Letter dated May 

19, 2008 ............................ ML081550532 

Building 1103A Area DP, 

Rev. 0 ................................ ML081550541 

Building 1103A Area DP 

Rev. 0, App. A, License 

No. SMB–141 ................... ML081550549 

Building 1103A Area DP 

Rev. 0, App. B, Characterization Report ................... ML081550553 

Building 1103A Area DP 

Rev. 0, App. C, Determination of DCGLs .......... ML081550557 

Building 1103A Area DP 

Rev. 0, App. D, Final Status Survey Plan ................ ML081550561 

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. These documents 

may also be viewed electronically on 

the public computers located at the 

NRC’s PDR, O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at Region I, 475 Allendale Road, 

King of Prussia, PA, this 10th day of 

September, 2008. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch,Division 

of Nuclear Materials Safety,Region I. 

[FR Doc. E8–21655 Filed 9–16–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–16045] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment Request to Byproduct 

Materials License 45–09599–01 for the 

Old Dominion University, Norfolk, VA 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Thomas Thompson, Senior Health 

Physicist, Commercial and R&D Branch, 

Division of Nuclear Materials Safety, 

Region I, 475 Allendale Road, King of 

Prussia, PA 19406. Telephone: (610) 

337–5303; fax number: (610) 337–5269; 

e-mail: TKT@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license renewal to 

Materials License No. 45–09599–01. 

This license is held by Old Dominion 

University (Licensee) in Norfolk, 

Virginia. As part of its license renewal, 

the Licensee has requested an 

exemption from the requirement in 10 

CFR 30.32(g) to list sealed sources by 

their manufacturer and model number 

as registered under the provisions of 10 

CFR 32.210. The Licensee requested this 

exemption in a letter dated December 

13, 2005. The NRC has prepared an 

Environmental Assessment (EA) in 

support of this proposed action in 

accordance with the requirements of 

Title 10, Code of Federal Regulations 

(CFR), Part 51 (10 CFR Part 51). Based 

on the EA, the NRC has concluded that 

a Finding of No Significant Impact 

(FONSI) is appropriate with respect to 

the proposed action. The license 

renewal, including the approval of the 

exemption request, will be issued to the 

Licensee following the publication of 

this FONSI and EA in the Federal 

Register. 

II. Environmental Assessment 

Identification of Proposed Action 

The proposed action would renew 

License No. 45–09599–01, including 

approval of the Licensee’s request for 

exemption submitted on December 13, 

2005. License No. 45–09599–01 was 

issued on September 11, 1979, pursuant 

to 10 CFR Parts 30, 40, and 70, and has 

been amended periodically since that 

time. This license authorized the 

Licensee for research and development 

as defined in 10 CFR 30.4, animal 

studies, teaching and training of 

students, and calibration and checking 

of the licensee’s instruments. 

On October 11, 2005, the Licensee 

submitted its renewal application for 

License No. 45–09599–01. In a letter 

dated December 13, 2005, submitted in 

response to an inquiry from the NRC, 

the Licensee requested an exemption 

from the requirement in 10 CFR 30.32(g) 

to list sealed sources by their 

manufacturer and model number as 

registered under the provisions of 10 

CFR 32.210. In requesting this 

exemption, the Licensee stated that one 

of the sources in its inventory is a 

custom-made encapsulated sealed 

source containing 60 mCi of Eu–155 

which has been in its possession since 

1982 and has no model number. 

Need for the Proposed Action 

The licensee has possessed and used 

this custom source safely for many 

years. This exemption is needed to 

authorize the Licensee to continue to 

possess this source. 

Technical Analysis of the Proposed 

Action 

10 CFR 30.11(a) states that the 

Commission may grant such exemptions 

from the requirements of the regulations 

as it determines are authorized by law 

and will not endanger life or property or 

the common defense and security and 

are otherwise in the public interest. The 

NRC staff has analyzed the Licensee’s 

request to be authorized to receive and 

take possession of sealed sources and 

devices which have not been registered 

with the NRC under 10 CFR 32.210 or 

with an Agreement State. The NRC staff 

considered that the Licensee is qualified 

by sufficient training and experience 

and has sufficient facilities and 

equipment to handle these sources and 

devices. Furthermore, NRC inspections 

have evaluated the Licensee’s 

performance and determined that the 

Licensee has safely handled this 

unregistered source for many years. 

Accordingly, the NRC staff has 

concluded that granting this exemption 

is authorized by law, will not endanger 

life or property or the common defense 

and security, and is in the public 

interest. 

Environmental Impacts of the Proposed 

Action 

The proposed action is largely 

administrative in nature. Approving this 

exemption will have no environmental 

impact. 


pwalker on PROD1PC71 with NOTICES