[Federal Register: July 16, 1999 (Volume 64, Number 136)]
[Notices]               
[Page 38484]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jy99-121]                         


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-34610-ML; ASLBP No. 99-768-02-ML]

 
Atomic Safety and Licensing Board Panel; Hearing

July 12, 1999.
    Before Administrative Judges: Charles Bechhoefer, Presiding 
Officer; Dr. Linda W. Little, Special Assistant.
    In the matter of the Department of the Army, Aberdeen Proving 
Ground, Maryland; Denial of Materials License for M22/GID-3 
Automatic Chemical Agent Detector/Alarm.

    Notice is hereby given that, by Memorandum and Order dated July 12, 
1999, the Presiding Officer in this proceeding has granted the June 4, 
1999 request for a hearing of the Department of the Army (Army or 
Applicant). On May 17, 1999, the Nuclear Regulatory Commission Staff 
denied Army's application for registration and licensing of the model 
M22/GID-3 Automatic Chemical Agent Detector/Alarm for distribution 
pursuant to 10 CFR 32.26. The hearing will involve Army's appeal from 
this Staff ruling.
    This proceeding will be conducted under the Commission's Informal 
Hearing Procedures for Adjudications in Materials and Operator 
Licensing Proceedings, set forth in 10 CFR Part 2, Subpart L. Further 
details appear in the July 12, 1999 Memorandum and Order referenced 
above. Documents relating to this proceeding are available for public 
inspection and copying at the Commission's Public Document Room, Gelman 
Building, 2120 L St. NW, Washington, DC 20555.
    The Army and the NRC Staff are parties to this proceeding. As 
requested by the Staff, the hearing is being deferred to accommodate 
ongoing settlement negotiations. If settlement is not achieved, a 
contested proceeding will be conducted.
    In accordance with 10 CFR 2.1205(j), and notwithstanding the 
ongoing settlement negotiations, any person whose interest may be 
affected by this proceeding may within 30 days of publication of this 
Notice file a petition for leave to intervene. Such petition must 
identify (1) the interest of the petitioner in the proceeding, (2) how 
that interest may be affected by the results of the proceeding, with 
particular reference to the factors set out in 10 CFR 2.1205(h) (and, 
in particular, whether the petitioner's specified areas of concern are 
germane to the subject matter of the proceeding), (3) the petitioner's 
area of concern about the licensing activity that is the subject matter 
of the proceeding, and (4) the circumstances establishing that the 
request is timely (in accord with the standards set forth in this 
Notice).
    Each petition must be submitted to the Office of the Secretary, 
Rulemaking and Adjudications Staff, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Copies should be served upon the Presiding 
Officer, the Special Assistant, the Assistant General Counsel for 
Hearings and Enforcement, and the Applicant, through its project 
manager, Col. Stephen V. Rooves, NBC Defense Systems, U.S. Army Soldier 
and Biological Chemical Command, 5232 Fleming Road, Aberdeen Proving 
Ground, MD 21010-5423, and the Executive Director for Operations, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555. Pursuant to 10 CFR 
2.1205(k)(2), any party (including the NRC Staff) may file an answer to 
a petition to intervene within 10 days of service of such petition.
    As provided by 10 CFR 2.1211(b), within 30 days of publication of 
this Notice, the representative of an interested State, county, 
municipality, or an agency thereof, may request an opportunity to 
participate in this proceeding. The request for an opportunity to 
participate must state with reasonable specificity the requestor's 
areas of concern about the licensing activity involved in this 
proceeding. Upon receipt of a properly filed request, the Presiding 
Officer will afford the representative a reasonable opportunity to make 
written and oral presentations in accordance with 10 CFR 2.1233 and 
2.1235, without requiring the representative to take a position with 
respect to the issues.
    In addition, pursuant to 10 CFR 2.1211(a), any member of the public 
who is not a party to the proceeding may make a limited appearance in 
order to state his or her views on the issues involved in this 
proceeding. Although these statements are not evidence and do not 
become part of the decisional record, the Presiding Officer may ask the 
Staff to consider in its licensing review information concerning 
matters raised in such limited appearance statements and not directly 
covered by issues identified by the parties. Limited appearances are 
usually in writing although, if the Presiding Officer conducts an oral 
argument or in-person prehearing conference, the Presiding Officer may 
hear oral statements. Written statements, and requests to make oral 
statements, should be submitted to the Office of the Secretary, 
Rulemaking and Adjudications Staff, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Copies of statements and requests should also be 
forwarded to the Presiding Officer.

    Dated: July 12, 1999, Rockville, MD.
Charles Bechhoefer,
Presiding Officer, Administrative Judge.
[FR Doc. 99-18160 Filed 7-15-99; 8:45 am]
BILLING CODE 7590-01-P