ML20207E247
| ML20207E247 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1999 |
| From: | Kirkwood A NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | NRC |
| References | |
| SSD, NUDOCS 9906040203 | |
| Download: ML20207E247 (1) | |
Text
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VOID SHEET .
TO: License Fee fianagement Branen FROM: h t-k esv b 'r /c1.ue o SU8 JECT: VOIDED APPL (ICATION Control Number: O2 lT 3b Applicant: NAN kc b3/ s l Date Voicea: I/ 39 Reason for Void: hAId o - ~
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Attachment:
Official Recora Copy of
'loided Act1on
-FOR LFH8 USE Ot4LY Final Review of VOID Completed:
O Refund Authorized and prucesseu Q No Refund Due Fee Exempt or Fee foot Requireo Cossents: Log completed O 9906040203 99052[ Processed by:
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, May 17, 1999 Steven V. Reeves -
Colonel, U.S. Army Project Manager NBC Defense Systems 5232 Fleming Road Aberdeen Proving Ground, MD 21010-5423
Dear Colonel Reeves:
This is in reference to the Department of Army's application for registration and application for licensing of the model M22/GlD-3 Automatic Chemical Agent Detector / Alarm, for distribution, under 10 CFR 32.26, to users exempt from the regulations. In accordance with 10 CFR 2.103, this letter constitutes denial of your applications.
We have completed our review of the application and have determined that the design as proposed is not acceptable for registration and licensing under 10 CFR 32.26. The intent of 10 CFR 32.26 through 10 CFR 32.29, is to allow distribution, and use of an entire product by persons exempt from licensing. The information included in the Statement of Consideration for 10 CFR 32.26 underscores the intent of the Commission to allow distribution to persons exempt from licensing, of a completed product, e.g., a product that is not designed to be broken down into its component parts by a person exempt from licensing, in addition, the inner source module of the ACADA, separated from its outer device housing, cannot be licensed as an exempt product pursuant to 10 CFR 32.26. Further, if the entire unit has been licensed as an exempt product, the separation of the source module from the enure unit would result in the device losing its exempt status.
In accordance with Section 2.103, Part 2, Title 10, Code of Federal Regulations, you may request a hearing with respect to this denial within 20 days of the date of this letter. If you wish to request a hearing, submit a request to the Director, Nuclear Material Safety and Safeguards,
- U.S. Nuclear Regulatory Commission, Washington, DC 20555. This request should reference this letter, Sealed Source and Device Evaluation Case Number SSD 97-78, and Docket No. ;
030-34610. j Sincerely, 1
original signed by Fred Combs /for DCool l Donald A. Cool, Director Division of Industrial and I Medical Nuclear Safety ,
Office of Nuclear Material Safety ,
and Safeguards !
Enclosure:
10 CFR Parts 2,30,32 cc. w/ encl: SKimberly, LFDCB Distribution:
IMNS r/f SSD-97-78 NE01L' "
DOCUMENT NAME: G:\ Burgess \acada3R4.dny.wpd
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