[Federal Register Volume 67, Number 244 (Thursday, December 19, 2002)]
[Notices]
[Pages 77818-77819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31944]


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NUCLEAR REGULATORY COMMISSION


Final Finding of No Significant Impact and Availability of the 
Environmental Assessment Regarding Troxler Electronic Laboratories, 
Inc., Request for Exemption

I. Introduction

    NRC is considering the granting of an exemption from the provisions 
in 10 CFR 32.14, to allow Troxler Electronic Laboratories, Inc. 
(hereafter Troxler) to manufacture and distribute the Model CoreReader 
density gauge as an exempt product. The NRC staff performed an 
Environmental Assessment (EA) in support of its review of Troxler's 
request, in accordance with the requirements in 10 CFR part 51. The 
conclusion of the EA is a Finding of No Significant Impact (FONSI) for 
the proposed licensing action.

II. Supplementary Information

Background

    Troxler has requested a license to manufacture and distribute an 
ionizing measuring instrument for density readings (CoreReader) as an 
exempt product. This licensing action requires an exemption from the 
provisions of 10 CFR 32.14, which specify that licensees can 
incorporate byproduct material into products that meet the requirements 
found in 10 CFR 30.15.
    The CoreReader is an ionizing radiation measurement instrument that 
determines the specific gravity of a compacted asphalt sample. The 
construction of the CoreReader is all metal housing and includes lead 
shielding around the source. It is a bench top laboratory instrument 
containing eight exempt-quantity cesium-137 sources (10 microcuries/
0.37 MBq each) installed in plexiglass which is filled and sealed with 
an epoxy. The sources are held in a subassembly inside the device which 
is mounted inside the lower third of the device below the sample 
chamber. It is not removable and is completely inaccessible to the 
user. The total activity is 80 microcuries (3 MBq).
    Troxler has requested an exemption from 10 CFR 32.14, to allow it 
to distribute the CoreReader as an exempt

[[Page 77819]]

device instead of a generally licensed device. The use of the 
CoreReader would be one element in the implementation of the Strategic 
Highway Research Program (SHRP), established by Congress in 1987 to 
develop and evaluate innovative technologies for roadway construction, 
maintenance, and operations. The SHRP program produced Superpave, a 
more reliable asphalt-mix design, analysis, and quality control 
methodology that utilizes an advanced technology approach to pavement 
design.
    Implementation of the Superpave-mix design has resulted in superior 
performing asphalt pavements. However, the coarser mixtures resulting 
from Superpave-mix designs have caused problems with the accuracy and 
precision to measure the specific gravity of laboratory specimens and 
pavement core samples. The overestimation of density results in 
premature pavement distress and permeability related problems. 
Troxler's CoreReader is a technology improvement that overcomes the 
shortcomings of current water displacement methods for measuring the 
specific gravity of asphalt samples. Unlike current methods, the 
CoreReader uses radiation from a distribution of sources to probe the 
entire volume of an asphalt sample. By doing so, it can accurately 
measure the coarser Superpave-mixes. The CoreReader reduces operator 
dependence, improves accuracy and precision, and reduces laboratory 
differences in measurements to produce better pavement designs.
    Troxler's experience with the distribution of generally licensed 
gauges shows that despite the CoreReader's advantages, it would be 
attractive to end-users only if it could be distributed nationally 
under uniform licensing with low quantities of radioactive material 
contained in it. Many potential users have indicated that they are 
unwilling to deal with additional regulatory burdens associated with 
generally licensed devices. Therefore, Troxler has asserted in its 
request that the CoreReader's benefits can be fully realized only if it 
is licensed for exempt distribution.

Summary of the Environmental Assessment

    The NRC staff performed an appraisal of the environmental impacts 
associated with the exemption, in accordance with 10 CFR part 51, 
Environmental Protection Regulations for Domestic Licensing and Related 
Regulatory Functions. The exemption would authorize Troxler to 
manufacture and distribute the CoreReader as an exempt product.
    The results of the staff's assessment of potential environmental 
impacts are documented in an EA which, as noted above, has been placed 
in the Publicly Available Records component of NRC's document system 
(ADAMS). Based on its review, the NRC staff has concluded that there 
are no significant environmental impacts associated with the proposed 
action.

Alternatives to the Proposed Action

    The proposed action that the NRC is considering is to issue an 
exemption from 10 CFR 32.14. The proposed action allows Troxler to 
distribute the CoreReader density gauge as an exempt device. The 
alternatives available to the NRC are:
    1. Approve the exemption request as submitted; or
    2. Deny the request.
    Based on its review, the NRC staff has concluded that the 
environmental impacts associated with the proposed action do not 
warrant denial of the exemption request. The staff considers that 
Alternative 1 is the appropriate alternative for selection.

Conclusion

    The NRC staff considered the risk to human health from distribution 
and transportation, routine use, disposal, and accidents and misuse, as 
well as the environmental consequences of approving an exemption from 
10 CFR 32.14 for the Troxler CoreReader, and has determined that the 
approval of this exemption is (1) authorized by law; (2) will not 
endanger life or property or the common defense and security; and (3) 
is otherwise in the public interest.

III. Finding of No Significant Impact

    The NRC staff has prepared an EA for the proposed exemption from 10 
CFR 32.14. On the basis of the assessment, the NRC staff has concluded 
that environmental impacts associated with the proposed action would 
not be significant and do not warrant the preparation of an 
Environmental Impact Statement. Accordingly, a Finding of No 
Significant Impact is appropriate.

IV. Further Information

    The EA and the documents related to this proposed action are 
available for public inspection at NRC's Public Electronic Reading Room 
at http://www.nrc.gov/reading-rm/adams.html. The accession number of 
the electronic file for the related documents is ML023190183; the 
direct accession number of the EA within this file is ML023450624. 
Documents may also be examined and/or copied for a fee, at the NRC's 
Public Document Room, located at One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20854. Any questions regarding this action can be 
directed to Dr. John P. Jankovich at (301) 415-7904 or by e-mail at 
[email protected].

    Dated in Rockville, Maryland, this 13th day of December, 2002.

    For the Nuclear Regulatory Commission.
Thomas H. Essig,
Chief, Materials Safety and Inspection Branch, Division of Industrial 
and Medical Nuclear Safety, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 02-31944 Filed 12-18-02; 8:45 am]
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