[Federal Register Volume 66, Number 245 (Thursday, December 20, 2001)]
[Notices]
[Pages 65751-65752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-31332]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 03000001]


Mallinckrodt, Inc.; Notice of Consideration of Request for 
Temporary Exemption

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of request for temporary exemption.

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SUMMARY: The Nuclear Regulatory Commission (Commission) is considering 
the issuance of a temporary exemption from the requirement to perform 
an emergency preparedness (EP) exercise every 2 years for Mallinckrodt, 
Inc. The request for temporary exemption is necessary because the 
licensee had to postpone the required scheduled EP exercise due to the 
terrorist attacks on the United States, lack of availability of State 
and local agencies, and the current heightened alert status of the 
plant. Mallinckrodt expects to conduct the EP exercise by July 30, 
2002. The NRC has prepared an environmental assessment with a finding 
of no significant impact on the request.

FOR FURTHER INFORMATION CONTACT: Kevin G. Null, Senior Health 
Physicist, Nuclear Materials Licensing Branch, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission, Region III, 
Lisle, Illinois. Telephone: (630) 829-9854, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Commission is considering the issuance 
of a temporary exemption from the requirement to perform an emergency 
preparedness exercise every 2 years, pursuant to 10 CFR part 30, for 
Mallinckrodt, Inc., located in Maryland Heights, Missouri. The facility 
is authorized to use byproduct material for research and development, 
manufacturing, processing, and packaging of radiopharmaceuticals and/or 
radiochemicals.
    Mallinckrodt was scheduled to conduct an EP exercise on September 
11, 2001. This exercise was postponed because of the terrorist attacks 
on the United States that occurred on September 11. Because of the 
ongoing high alert status of the plant and the need to coordinate with 
several offsite agencies and groups, the exercise will not be performed 
this calendar year. Mallinckrodt expects to conduct the exercise no 
later than July 30, 2002.
    The last EP exercise conducted at the Mallinckrodt facility was 
held on September 9, 1999. Mallinckrodt's Emergency Plan, in accordance 
with 10 CFR 30.32(i)(3)(xii), requires that plant personnel plan and 
conduct biennial EP exercises. Because the next exercise will not be 
conducted during calendar year 2001, the licensee has requested a 
temporary exemption from the requirement to conduct biennial EP 
exercises. The NRC staff has prepared an environmental assessment of 
the proposed action and reached a finding of no significant impact.

Environmental Assessment

Identification of the Proposed Action

    The proposed action would grant temporary relief from the 
requirement pursuant to 10 CFR 30.32(i)(3)(xii) to perform a biennial 
EP exercise during calendar year 2001. The proposed action would allow 
Mallinckrodt to conduct their 2001 biennial exercise as late as July 
30, 2002. The proposed action is in accordance with Mallinckrodt's 
request for exemption dated November 26, 2001.

Need for the Proposed Action

    Due to the heightened state of security alert that the plant is 
under and the unavailability of State and local agencies to 
participate, Mallinckrodt has determined that it would not be prudent 
to hold the 2001 biennial EP exercise during calendar year 2001. 
Allowing the delay would avoid overlap with the current state of high 
alert and allow fuller participation by other agencies and groups.

Environmental Impacts of the Proposed Action

    The proposed action would not materially affect the emergency 
response capabilities of the Mallinckrodt facility. The last exercise 
was conducted on September 9, 1999. Direct observation of the exercise 
by NRC inspectors noted deficiencies that did not require immediate 
corrective action. On November 17, 1999, Mallinckrodt identified an 
inadvertent release of xenon-133, declared an alert and implemented 
their Emergency Plan (EP). NRC conducted a special inspection to review 
the circumstances of the event and the effectiveness of Malinckrodt's 
implementation of their EP. With the exception of 1 violation that was 
identified, NRC review of real time activation of the EP indicated that 
Mallinckrodt has addressed the issues identified during the September 
9, 1999 exercise. In addition, NRC license reviews and inspections 
conducted since November 17, 1999, have not identified a decline in the 
effectiveness of Mallinckrodt's emergency response capability. The 
postponement should have no impact on the effectiveness of 
Mallinckrodt's emergency response capability. The proposed action will 
not increase the probability or consequences of accidents; no changes 
are being made in the amounts or types of any effluents that could be 
released offsite, and there is no increase in individual or cumulative 
radiation exposure. Accordingly, the Commission concludes that there 
are no significant radiological impacts associated with the proposed 
action.
    With regard to potential nonradiological impacts, the proposed 
action does not affect nonradiological plant effluents and has no other 
environmental impact. Accordingly, the Commission concludes that there 
are no significant nonradiological impacts associated with the proposed 
action.

Alternatives to the Proposed Action

    Since the Commission has concluded that there is no discernible 
environmental impact associated with the proposed action, any 
alternatives with equal or lesser impact need not be evaluated. As an 
alternative to the proposed action, the staff considered denial of the 
proposed action. Denial of the proposed action would result in no 
change in environmental impacts but would result in hardship to 
Mallinckrodt, and perhaps other

[[Page 65752]]

participants. The environmental impacts of the proposed action and the 
alternative action are similar.

Alternative Use of Resources

    The proposed action does not involve the use of any resources 
beyond those already necessary to conduct the EP exercise during 2001, 
and would merely delay the exercise.

Agencies and Persons Consulted

    In accordance with its stated policy, the NRC staff consulted with 
the following officials regarding the environmental impact of the 
proposed action: William Brandes, Chair, Local Emergency Planning 
Committee, St. Louis, Missouri; Nick Granani, Deputy Director, Office 
of Emergency Management, Chesterfield, Missouri; Keith Henke, State 
Emergency Management Agency, Jefferson City, Missouri; Charles Hooper, 
Missouri Department of Health, Jefferson City, Missouri; and Tom Lange, 
Sr. Planner, Office of the Director, Missouri Department of Natural 
Resources. No objections were received.

Finding of No Significant Impact

    Based on the environmental assessment, the Commission concludes 
that the proposed action will not have a significant affect on the 
quality of the human environment. Accordingly, the Commission has 
determined not to prepare an environmental impact statement for the 
proposed action.

List of Preparers

    This document was prepared by Kevin G. Null, Senior Health 
Physicist, Nuclear Materials Licensing Branch, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission, Region III, 
Lisle, Illinois. Mr. Null is the Licensing Project Manager for the 
Nuclear Materials License issued to Mallinckrodt, Inc.
    For further details with respect to the proposed action, see the 
Mallinckrodt letter dated November 26, 2001, available for public 
inspection at the Commission's Public Document Room at One White Flint 
North, 11555 Rockville Pike, Rockville, MD, and accessible 
electronically through the ADAMS Public Electronic Reading Room link at 
the NRC Web Site 
(http://www.nrc.gov).

    Dated at Rockville, Maryland this 13th day of December, 2001.

    For the Nuclear Regulatory Commission.
John W. Hickey,
Chief, Materials Safety and Inspection Branch, Division of Industrial 
and Medical Nuclear Safety, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 01-31332 Filed 12-19;-01; 8:45 am]
BILLING CODE 7590-01-P