[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Notices]
[Page 65661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25257]



[[Page 65661]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8904]


Establishment of the U.S. Department of Energy as the Long-Term 
Custodian of the L-Bar Uranium Mill Tailings Site Near Seboyeta, NM, 
and Termination of the Sohio Western Mining Company Source Materials 
License for the L-Bar Site

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of establishment of the U.S. Department of Energy (DOE) 
as the long-term custodian of the L-Bar uranium mill tailings site near 
Seboyeta, New Mexico, under the general license provisions of 10 CFR 
40.28, and termination of the Sohio Western Mining Company specific 
Source Materials License SUA-1472 for the L-Bar site.

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FOR FURTHER INFORMATION CONTACT: Rick Weller, Project Manager, Fuel 
Cycle Facilities Branch, Division of Fuel Cycle Safety and Safeguards, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Telephone: (301) 415-
7287; fax number: (301) 415-5955; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    On September 22, 2004, the Sohio Western Mining Company (SWMC) 
transferred ownership of the L-Bar uranium mill tailings site near 
Seboyeta, New Mexico, to the DOE, as required by 10 CFR 40, Appendix A, 
Criterion 11, prior to termination of SWMC's specific license. 
Subsequently, by letter dated October 13, 2004, the DOE submitted the 
final Long-Term Surveillance Plan (LTSP) for the L-Bar site for review 
by the U.S. Nuclear Regulatory Commission (NRC). Based on the review of 
the LTSP, the NRC has determined that the LTSP satisfies the 
requirements in 10 CFR part 40, Appendix A, Criterion 12, and Sec.  
40.28 for the long-term surveillance of a tailings disposal site. 
Accordingly, notice is hereby given that the NRC has accepted the LTSP 
for the L-Bar site. This acceptance establishes the DOE as the long-
term custodian and caretaker of the L-Bar site under the general 
license specified in 10 CFR 40.28. In a concurrent action, the NRC has 
terminated the SWMC specific Source Materials License SUA-1472 for the 
L-Bar site. These actions complete all requirements for closure of the 
L-Bar site under the Uranium Mill Tailings Radiation Control Act of 
1978, as amended. These actions do not require an environmental 
assessment as they are categorically excluded under 10 CFR 
51.22(c)(11).

II. Further Information

    The NRC has prepared correspondence which documents the actions 
that establish the DOE as the long-term custodian of the L-Bar site 
under the general license specified in 10 CFR 40.28 and terminate the 
SWMC specific Source Materials License SUA-1472 for the L-Bar site. In 
accordance with 10 CFR 2.390 of the NRC's ``Rules of Practice,'' copies 
of this correspondence, as well as the L-Bar LTSP submitted by DOE 
letter dated October 13, 2004, are available electronically at the 
NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS accession numbers for 
the documents related to this notice are listed below. If you do not 
have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC Public Document Room (PDR) 
Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
[email protected].

Documents Related to This Notice

    1. Letter dated October 13, 2004, from J. Sink, DOE, to G. Janosko, 
NRC, submitting the final LTSP for the L-Bar site. ML042920474.
    2. Letter dated October 21, 2004, from G. Janosko, NRC, to J. Sink, 
DOE, accepting the final LTSP for the L-Bar site. ML043020020.
    3. Letter dated October 21, 2004, from G. Janosko, NRC, to J. 
Trummel, Kennecott Energy Company, terminating the SWMC specific Source 
Materials License SUA-1472 for the L-Bar site. ML043020032.
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated in Rockville, Maryland, this 5th day of November, 2004.

    For the Nuclear Regulatory Commission.
Gary S. Janosko,
Chief, Fuel Cycle Facilities Branch, Division of Fuel Cycle Safety and 
Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 04-25257 Filed 11-12-04; 8:45 am]
BILLING CODE 7590-01-P