[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Notices]
[Pages 20487-20489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9952]


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NUCLEAR REGULATORY COMMISSION

Federal Emergency Management Agency

[Docket 30-7130]


Issuance of Environmental Assessment and Finding of No 
Significant Impact Regarding the Proposed Transportation Exemption

    The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
considering issuance of a one-time exemption, pursuant to 10 CFR 71.8, 
from the provisions of 10 CFR 71.73(c)(1) and (3) to the Federal 
Emergency Management Agency (FEMA). The requested exemption would allow 
FEMA to transport ten CDV-794 calibrators containing up to 85 curies of 
cesium-137 in packages that otherwise meet the performance requirements 
for a Type B transportation package pursuant to 10 CFR part 71 as 
exempted. Nine calibrators will be shipped to a central location so 
that disassembly of the calibrators and disposal of the

[[Page 20488]]

radioactive material can be done in a controlled environment to reduce 
worker radiation exposures. The tenth calibrator will be shipped 25 
miles within the State of Hawaii, to another NRC licensee for use under 
its radiation protection program.
    An NRC categorical exclusion for package approvals in 10 CFR 
51.22(c)(13) does not apply to packaging authorized under an exemption. 
Consequently, an environmental assessment of the proposed exemption was 
prepared. The Department of Transportation (DOT) has already issued an 
exemption from DOT regulations for the proposed calibrator shipments.

Environmental Assessment (EA)

    Identification of Proposed Action: By letter dated July 21, 1999, 
FEMA requested a package approval for the transport of ten CDV-794 
calibrators by means of an exemption from the requirements of 10 CFR 
71.71(c)(1) and (3). On December 19, 2000, FEMA submitted a Safety 
Analysis and Environmental Report (SA/ER) in support of its application 
for an exemption. While each calibrator may contain up to 130 curies of 
cesium-137, FEMA has indicated that the cesium sources are currently at 
an activity level of about 85 curies. FEMA also proposed compensatory 
safety measures to support the request for this exemption.
    Each calibrator will contain a radioactive source that is designed 
to meet the special form requirements of 10 CFR 71.75. The source is 
contained in a tungsten alloy source holder which is bolted and sealed 
into the primary depleted uranium (DU) shield. The DU shield is bolted 
to an aluminum-lined steel calibration chamber. This entire assembly is 
then bolted in a rectangular steel cabinet mounted on a tubular steel 
stand. The cabinet has two hinged metal covers that allow the 
calibrator to be locked to prevent unauthorized access. The calibrator 
is then placed into a custom-design wooden overpack for shipment.
    FEMA plans to dispose of nine cesium-137 sources contained in the 
CDV-794 calibrators by transfer to another licensee. To accomplish this 
task, nine CDV-794 calibrators will need to be transported from their 
present location to FEMA's Mount Weather Emergency Assistance Center in 
Berryville, Virginia; the tenth CDV-794 calibrator will be transferred 
for use at a U.S. Army facility in Hawaii. FEMA has contracted with the 
U.S. Army Communication-Electronic Command (CECOM) radiological 
specialists to supervise and conduct the required shipments. CECOM will 
travel to each of the ten sites and conduct contamination surveys and 
prepare the calibrators for shipment in accordance with FEMA's written 
procedures. CECOM will ship the calibrators in exclusive-use vehicles 
and accompany each shipment to its final destination. Upon arrival at 
FEMA's Mount Weather Emergency Assistance Center, CECOM will conduct 
physical inspection and contamination surveys. Other properly licensed 
personnel will then remove the cesium sources, consolidate them into 
NRC-certified transportation packages and ship them to a contractor's 
facility in California. Once the cesium sources are removed, CECOM will 
remove the depleted uranium shields and coordinate final disposition of 
all remaining calibrator components. FEMA estimates the transport and 
disposal project will end in 2002, pending the appropriation of 
sufficient funds for the activity.
    Section 71.73(c)(1) and (3) concern tests for hypothetical accident 
conditions and require: (1) ``A free drop of the specimen through a 
distance of 9 m (30 feet) onto a flat, essentially unyielding, 
horizontal surface, striking the surface in a position for which 
maximum damage is expected.'', and (2) ``A free drop of the specimen 
through a distance of 1 m (40 in) in a position for which maximum 
damage is expected, onto the upper end of a solid, vertical, 
cylindrical, mild steel bar mounted on an essentially unyielding, 
horizontal surface. The bar must be 15 cm (6 in) in diameter, with the 
top horizontal and its edge rounded to a radius of not more than 6 mm 
(0.25 in), and of a length as to cause maximum damage to the package, 
but not less than 20 cm (8 in) long. The long axis of the bar must be 
vertical.'' FEMA determined that the calibrator would not survive a 30-
foot drop test because the bolts holding the source shield to the 
calibrator cabinet would fail. FEMA stated that the calibrator could 
withstand an accidental 10-foot drop. FEMA also stated that the package 
meets the other tests for hypothetical accident conditions except for 
the 1 meter puncture test. FEMA further proposed compensatory safety 
measures to provide an adequate level of safety during the shipments.
    By exempting FEMA from the hypothetical accident free drop and 
puncture tests in 10 CFR 71.73 the NRC will be able to approve the 
package for the shipment of nine calibrators to a central facility and 
one calibrator to another licensee under the general license in 10 CFR 
71.12(a). The proposed action before the Commission is whether to grant 
these exemptions under 10 CFR 71.8 and approve the package for the one-
time transport of these calibrators.
    On December 19, 2000, FEMA submitted a SA/ER to NRC to address the 
proposed shipment of calibrators that does not meet the performance 
requirements of 10 CFR part 71. FEMA provided additional information on 
February 13, and March 9, 2001, in response to the NRC staff's 
requests. The NRC staff has reviewed the application and has determined 
that authorizing the one-time shipment of each of the ten calibrators, 
with compensatory safety measures, would not be inimical to public 
health and safety.
    Need for the Proposed Action: FEMA is seeking the exemption to 
consolidate and properly dispose of calibrators containing a 
radioactive source to assure adequate protection of public health and 
safety of FEMA-owned calibrators currently in the possession of state 
organizations that no longer need, and do not want, to retain the 
calibrators. FEMA's termination of its Radiological Defense Program and 
state funding lead to the termination of state Radiological Defense 
Programs. Some states have requested removal of the FEMA-owned 
calibrators as quickly as possible because of state funding shortfalls 
and related difficulties in meeting licensing requirements. FEMA is 
concerned that persons in possession of the calibrators under the state 
emergency programs may not have sufficient resources to properly 
oversee the safety control of the material since FEMA stopped funding 
these programs. FEMA's Congressional funding does not allow for the 
development of a Type B package to make the relocations and the time 
constraints do not allow the use of an authorized package to make the 
shipments. Further, the state locations at which these units are in 
storage are not properly constructed to safely allow the removal and 
the proper packaging of the sources for shipment at the field location.
    Environmental Impacts of the Proposed Action: The potential 
environmental impact of transporting radioactive material pursuant to 
10 CFR part 71 was initially presented in the ``Final Environmental 
Statement on the Transportation of Radioactive Material by Air and 
Other Modes'' for the Proposed Rule to amend 10 CFR part 71 (40 FR 
23768 (1977)). The environmental statement was published in 1977 as 
NUREG-0170, Volumes 1 and 2.
    The calibrators were originally manufactured by Technical 
Operations Inc. The manufacturer certified the calibrators to meet the 
requirements of DOT Specification 55 containers, which

[[Page 20489]]

was approved for use under NRC part 71 general license provisions. 
Hypothetical accident condition testing was not part of the 
requirements at the time this package was certified by the user. FEMA 
has acknowledged that the package would not survive hypothetical 
accident conditions that involved more than a 10 foot drop or a 
puncture of the package and that a radiological release could occur and 
has proposed compensatory safety measures that will provide an adequate 
level of safety consistent with the requirements of 10 CFR 71.8 by 
providing effective response to such a postulated accident. These 
compensatory measures include: (1) Pre and post-packing inspection for 
radiation hazard and proper packaging, (2) use of an exclusive use 
vehicle, (3) persons trained in radiation protection escorting the 
exclusive use vehicle, and (4) operational controls and procedures that 
would minimize accident risk and would ensure public safety in the 
event of a transportation accident. The NRC staff concluded by 
evaluation that the operations and administrative controls proposed by 
FEMA for the shipment provide reasonable assurance that any radiation 
exposure to the public or workers will not exceed regulatory limits in 
the event of an accident during shipment because of the quick response 
to such an event. Additionally, FEMA has selected transportation routes 
that will limit the road mileage traveled, further reducing the 
likelihood of an accident.
    The staff concurs with FEMA's safety evaluation of the proposed 
exemption request and finds that FEMA's planned compensatory measures 
ensure that use of the package in accordance with the exemption 
requested does not pose a significant increased risk to public health 
and safety. Furthermore, the proposed action now under consideration 
would not change the potential environmental effects assessed in the 10 
CFR part 71 rulemaking (40 FR 23768 (1977)).
    Therefore, the staff has determined that there will be no 
significant environmental impacts as a result of approving the 
exemption for the one-time shipment of the specified calibrators.
    Alternatives to the Proposed Action: The staff evaluated an 
alternative involving removal of the radioactive source at each site 
and found that this alternative produced a greater occupational 
exposure (200 mrem versus 20 mrem if shipped under the exemption), and 
an increased potential for radiation exposure to members of the public. 
Both of these results are not consistent with the NRC's as low as 
reasonably achievable (ALARA) concept, and this alternative would also 
result in increased handling and storage costs. Another alternative to 
the proposed action would be to require the state to continue to 
possess and store these calibrators until such time as FEMA can procure 
funding to design, test, and obtain NRC approval, and construct a 
transportation package that meets all 10 CFR part 71 requirements. This 
alternative would increase the likelihood of loss of control of 
material currently in the hands of state licensees which have lost 
Federal funding for their radiation protection programs. As such, both 
of the alternatives are less desirable than the proposed action.
    Agencies and Persons Consulted: Officials from the DOT Office of 
Hazardous Materials Technology, and the Bureau of Radiological Health, 
Virginia Department of Health, were contacted about the EA for the 
proposed action and had no concerns.

Finding of No Significant Impact

    The environmental impacts of the proposed action have been reviewed 
in accordance with the requirements set forth in 10 CFR part 51. Based 
upon the foregoing EA, the Commission finds that the proposed action of 
approving a package with an exemption from 10 CFR 71.73(c)(1) and (3) 
so that FEMA may transport ten calibrators containing cesium-137 will 
not significantly impact the quality of the human environment. 
Accordingly, the Commission has determined not to prepare an 
environmental impact statement for the proposed exemption.
    For further details with respect to this exemption request, see the 
FEMA exemption request dated July 21, 1999, and FEMA's Safety Analysis 
and Environmental Report dated December 19, 2000, as supplemented 
February 13, and March 9, 2001, which are docketed under 10 CFR part 
30, Docket No. 30-7130.
    The exemption request is available for public inspection at the 
Commission's Public Document Room, One White Flint North, 11555 
Rockville, MD 20852, or from the publicly available records component 
of NRC's Agencywide Documents Access and Management System (ADAMS). 
ADAMS is accessible from the NRC web site at http://www.nrc.gov/NRC/ADAMS/index.html (the Public Electronic Reading Room).

    Dated at Rockville, Maryland, this 12th day of April 2001.

    For the Nuclear Regulatory Commission.

E. William Brach,
Director, Spent Fuel Project Office, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 01-9952 Filed 4-20-01; 8:45 am]
BILLING CODE 7590-01-P