[Federal Register Volume 71, Number 5 (Monday, January 9, 2006)]
[Page 1456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-60]



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 
the Navy.

    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]