[Federal Register Volume 72, Number 175 (Tuesday, September 11, 2007)]
[Notices]
[Pages 51849-51852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17878]


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NUCLEAR REGULATORY COMMISSION


Environmental Assessment and Finding of No Significant Impact for 
Amendment To Exempt Distribution License No. 20-23904-01E for GE 
Homeland Protection, Inc., and Request for Exemption From 10 CFC 32.26 
Requirements

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of an amendment to Exempt Distribution License No. 20-23904-
01E held by GE Homeland Protection, Inc.

[[Page 51850]]

(hereafter GE). GE currently possesses Sealed Source and Device (SSD) 
Certificate No. NR-0399-D-101-E and Exempt Distribution License No. 20-
23904-01E that authorizes, under Title 10, Code of Federal Regulations 
(10 CFR), Section 32.26, ``Gas and aerosol detectors containing 
byproduct material'' to distribute intact Entryscan explosives/
narcotics walk-through detection devices to persons exempt from 
licensing under 10 CFR 30.20. Issuance of the amendment would allow GE 
to service the Entryscan devices at customer sites, and to allow GE to 
ship the Entryscan devices in parts for final assembly at customer 
sites. Issuance of the amendment would allow GE to be exempt from the 
requirements of 10 CFR 32.26. GE requested this action by letters dated 
November 29, 2006 and May 13, 2007. The NRC has prepared an 
Environmental Assessment (EA) in support of this proposed action in 
accordance with the requirements of Title 10, Code of Federal 
Regulations Part 51 (10 CFR Part 51). Based on the EA, the NRC has 
concluded that a Finding of No Significant Impact (FONSI) is 
appropriate with respect to the proposed action. The amendment will be 
issued to the Licensee following the publication of this FONSI and EA 
in the Federal Register.

II. Environmental Assessment

1.0 Background

    The NRC staff has evaluated the environmental impacts of an 
exemption from the provisions of 10 CFR 32.26 and the amendment to 
allow GE to service Entryscan explosives/narcotics walk-through 
detection devices at customer sites, and to allow GE to ship the 
Entryscan devices in parts for final assembly at customer sites.
    The Entryscan devices are walk-through units designed to detect 
explosives and narcotics. These units are used in-doors at high-
security locations, such as airports, seaports, military facilities, 
and U.S. Customs sites. Each unit has a length of 40.00-56.00 in. 
(1016.00-1422.40 mm), a width of 57.43-64.00 in. (1458.72-1625.60 mm), 
and a height of 92.50-102.00 in (2349.50-2590.80 mm). Each unit 
contains a solid 10 mCi, Ni-63 encapsulated source mounted in a ceramic 
cell having a wall thickness of 0.39 in. (10 mm). The ceramic cell 
(detector cell) is mounted inside an aluminum rectangular box (detector 
housing) having dimensions 7.09 x 2.87 x 2.64 in. (180 x 73 x 67 mm) 
and a wall thickness of 0.062 in. (1.6 mm); the detector cell and 
housing together comprise the detector head. The detector head is 
mounted in the upper cabinet assembly of the unit. GE currently 
possesses Sealed Source and Device (SSD) Certificate No. NR-0399-D-101-
E and Exempt Distribution License No. 20-23904-01E that authorize, 
under Title 10 of the Code of Federal Regulations (10 CFR), Section 
32.26, ``Gas and aerosol detectors containing byproduct material'', GE 
to distribute intact Entryscan devices to persons exempt from licensing 
under 10 CFR 30.20.
    By letters dated November 29, 2006 and May 13, 2007, GE requested 
an amendment and exemption to allow GE Field Service Engineers to 
remove and exchange failed detector heads inside Entryscan units at 
customer sites, and to allow GE to distribute the Entryscan units in 
parts for final assembly at the customer sites.

2.0 Proposed Action

    The proposed action is to issue an amendment to License No. 20-
23904-01E and an exemption from 10 CFR 32.26 to allow GE Field Service 
Engineers to service Entryscan explosives/narcotics walk-through 
detection devices at customer sites, and to allow GE to ship the 
Entryscan devices in parts for final assembly at customer sites. 
Specifically, the proposed action regarding servicing is to permit GE 
Field Service Engineers to remove and replace a failed detector head at 
a customer site, rather than requiring the entire Entryscan unit be 
returned to a GE distribution facility for repair. The proposed action 
regarding shipping is to permit GE to ship an Entryscan unit in parts 
from the GE distribution facility, with the upper cabinet assembly 
containing the mounted detector head shipped in a separate crate, 
rather than requiring that the entire Entryscan unit be shipped from 
the licensed distribution facility as one fully assembled unit.
    There are over 300 Entryscan units that are currently deployed, or 
have the potential to be deployed, throughout all Agreement and Non-
Agreement States. GE currently estimates that to replace a failed 
detector head at the customer site would take approximately one (1) 
hour in accordance with this exemption. GE would ship a new detector 
head to the customer site, where a GE Field Service Engineer would 
perform the replacement. The detector head would not be opened during 
the servicing; the radioactive sealed source would not be accessed, 
handled directly, or manipulated in any manner at the customer site. 
The failed detector head would then be returned to a licensed GE 
facility for disassembly and repair.
    GE would ship the Entryscan units that have been crated in parts. 
It would take five to seven business days to deliver and install an 
Entryscan unit in the United States that has been crated in parts for 
shipment. The detector head would remain mounted and not be removed 
from the upper cabinet assembly at any time during the shipping and 
final assembly at the customer site. GE Field Service Engineers would 
perform the proposed installation and final assembly.
2.1 Need for Proposed Action
    Regarding servicing, on occasion, the detector head may fail due to 
an electrical or mechanical malfunction. The Entryscan unit is not 
operational when this happens and the impacted security lane at the 
customer site must be taken out of service until the repairs can be 
made. This causes interruption to the explosives and narcotics 
detection capabilities at these locations. In the event of a failed 
detector head requiring replacement, this exemption would allow GE to 
ship a replacement sealed detector head directly to the customer site, 
replace the non-functioning detector head at the customer site, then 
physically ship the non-functioning detector head back to the GE 
distribution facility for repair. This would also minimize the 
Entryscan unit's downtime and the loss of security service at the 
customer site by allowing GE to return the inoperative unit to service 
within a few days, as opposed to within ten to fourteen days, which is 
the case if the entire unit is returned to the manufacturing facility 
for repair.
    Regarding shipment in parts, a fully assembled and crated Entryscan 
unit weighs up to 875 pounds. A fully assembled Entryscan unit is too 
large to deliver into most buildings. Its height impacts its ability to 
fit through a standard loading dock and its width impacts its ability 
to be moved to a point of use within a building. Additionally, a fully 
assembled Entryscan unit would pose a significant risk of injury to 
personnel handling the unit. This exemption would allow delivery of the 
unassembled unit to the location of use at the customer site.
2.2 Environmental Impacts of Proposed Action
    10 CFR 32.26 establishes the requirements for the distribution of 
gas and aerosol detectors containing byproduct material to persons 
exempt from licensing under 10 CFR 30.20. Products licensed under 10 
CFR 32.26 are required to meet the safety criteria defined under 10 CFR 
32.27 to ensure the protection of public health and

[[Page 51851]]

safety and the environment under normal and severe use, handling, 
storage, and disposal of the products. The intact Entryscan unit has 
been evaluated and licensed under SSD Certificate No. NR-0399-D-101-E 
and Exempt Distribution License No. 20-23904-01E to meet such criteria. 
The affected environments would be the immediate vicinity of the 
Entryscan units and the GE distribution facilities.
    Each Entryscan unit contains a solid 10 mCi, Ni-63 encapsulated 
source mounted into the ceramic detector cell having a wall thickness 
of 0.39 in. (10 mm). The detector cell is mounted inside the detector 
housing that has a wall thickness of 0.062 in. (1.6 mm). After assembly 
during manufacturing, GE leak tests each detector cell for removable 
contamination. The detector head, comprised of the detector cell and 
housing, is mounted in the upper cabinet assembly of the unit and is 
not removable nor accessible to the user. Due to the shielding of the 
beta-radiation components of the detector cell with ceramic, and the 
aluminum housing, there is no possibility of contamination on any 
accessible surface of the detector housing or the external surface of 
the device. There is a very low probability of a beta particle from Ni-
63 penetrating the ceramic detector cell. Additionally, the detector 
housing passed impact, puncture, pressure, vibration, and temperature 
prototype testing in accordance with International Standard ISO 2919, 
``Radiation protection--sealed radioactive sources--General 
requirements and classification'' for normal use and likely accident 
conditions. However, accidents during servicing are not likely. GE 
Field Service Engineers have been trained to safely and properly 
handle, install, and secure detector heads during servicing. Through 
the licensing and SSD evaluation process, GE demonstrated that the 
Entryscan units meet the safety criteria for licensing under 10 CFR 
32.26. The NRC therefore issued GE SSD Certificate No. NR-0399-D-101-E 
and Exempt Distribution License No. 20-23904-01E that authorizes GE to 
distribute the Entryscan devices to persons exempt from licensing under 
10 CFR 30.20.
    The Entryscan units would be serviced and assembled at, or very 
near, the indoor security checkpoints at the customer sites. During the 
replacement of the detector head and assembly of a unit, GE would 
cordon off the unit and place the security checkpoint lane out of 
service to prevent access to the general public. GE would verify that 
the work area is secured via cones or barriers before beginning work. 
Additionally, security staff at customer sites would impose traffic 
controls to prevent access to the cordoned off area. GE would maintain 
control of the detector head during servicing and final assembly at the 
customer site. The detector head would not be opened during the 
servicing or assembly of the unit; the radioactive sealed source would 
not be accessed, handled directly, or manipulated in any manner at the 
customer site. The detector head would not be left unattended during 
the replacement or assembly of the unit.
    One non-radiological impact during the replacement of a detector 
head at the site may be an electrical hazard; the outer panels of the 
Entryscan unit may be taken off while the unit is electrically 
energized. This electrical hazard is minimized by proper use of 
Lockout-Tagout procedures. A second non-radiological impact during the 
shipment of the unit in parts and assembling at the customer site may 
be a risk for bodily injury to personnel assembling the unit at the 
point of use, although the risk would be lower than that posed if the 
unit were shipped in one piece. Contracted rigging crews would assist 
in the assembly of the unit at the customer site under the supervision 
of GE. A third non-radiological impact may be a risk of electrical 
shock during assembly. This electrical hazard is also minimized by 
proper use of Lockout-Tagout procedures. As discussed above, GE and 
security staff at the customer site would impose proper access 
restrictions, minimizing the risk to persons around the unit during 
replacement of a detector head and assembly of a unit. A fourth non-
radiological impact may be the effects of security lane closure during 
servicing and assembly, which may cause delay in the security screening 
of people; a detector head would be replaced in approximately one hour.
    The NRC staff has determined that the proposed action will not 
impact the quality of water resources because the Entryscan units would 
be located indoors. The NRC staff has also determined that the proposed 
request will not impact geology, soils, air quality, demography, biota, 
and cultural and historic resources under normal and severe handling, 
storage, use, and disposal. The NRC has determined that the benefits of 
this exemption exceed the radiological risks and risks of non-
radiological impacts.

3.0 Alternatives to Proposed Action

3.1 Alternative 1: License Units Under General License Regulations
    The first alternative would be to license the distribution of the 
Entryscan units under the equivalent Agreement State regulation of 10 
CFR 32.51 for Generally Licensed Items, which would allow GE to service 
the units at customer sites and ship the units in parts.
3.2 Alternative 2: Dispose of Defective Units
    A second alternative would be to dispose defective Entryscan units 
as normal waste as allowed for products distributed under 10 CFR 32.26, 
rather than repair the units for further use, and to ship the units in 
one piece.
3.3 Alternative 3: No-Action Alternative
    The No-Action Alternative would be the denial of the proposed 
action. Under this alternative, GE would not be able to replace 
defective detector heads at customer sites, and would not be able to 
ship the units under their Exempt Distribution License. GE would 
therefore need to license the units under General License regulations.

4.0 Environmental Impacts of Alternatives

4.1 Alternative 1: License Units Under General License Regulations
    The environmental impacts for the first alternative would be the 
same as for the proposed action. However, this alternative would 
increase the administrative and regulatory burden on the licensee, 
customers, and regulatory authorities. The additional burden would be 
requiring more frequent reporting by the licensee, requiring the end-
users to appoint a person knowledgeable of pertinent regulations, 
requiring the end-users to leak test the units, and requiring the 
regulator to track the units.
4.2 Alternative 2: Dispose of Defective Units
    The environmental impacts for the second alternative would be an 
increased level of contamination in the normal waste stream at customer 
sites, since the Entryscan units would be allowed to be disposed of as 
regular waste as allowed with exempt household smoke detectors licensed 
for distribution under 10 CFR 32.26.
4.3 Alternative 3: No-Action Alternative
    The environmental impacts for the No-Action Alternative would be 
the

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same as for the first alternative and the proposed action. The burden, 
however, on the licensee, end-users, and regulators would be greater 
than that of the proposed action by requiring more frequent reporting 
by the licensee, requiring the end-users to appoint a person 
knowledgeable of pertinent regulations, requiring the end-users to leak 
test the units, and requiring the regulator to track the units.

5.0 Agencies and Persons Contacted

    GE has distribution facilities located in Wilmington, MA, Newark, 
CA, and Lincolnton, NC. NRC contacted the radiation control programs of 
the States of Massachusetts, California, and North Carolina. These 
states had no objection to the proposed action in this EA.
    NRC staff has determined that the proposed action will not affect 
listed species or critical habitat. Therefore, no further consultation 
is required under Section 7 of the Endangered Species Act. Likewise, 
NRC staff have determined that the proposed action is not the type of 
activity that has potential to cause effects on historic properties. 
Therefore, no further consultation is required under Section 106 of the 
National Historic Preservation Act.

6.0 Conclusion

    The action that NRC is considering is to issue an amendment to 
License No. 20-23904-01E and an exemption from 10 CFR 32.26 to allow GE 
Field Service Engineers to service Entryscan explosives/narcotics walk-
through detection devices at customer sites, and to allow GE to ship 
the Entryscan devices in parts for final assembly at customer sites. 
The NRC staff considered the environmental consequences of approving 
the license amendment and exemption, and has determined that the 
approval will have no adverse effect on public health and safety or the 
environment. Therefore, the NRC staff concludes that the proposed 
action is the preferred alternative, the environmental impacts 
associated with the proposed action do not warrant denial of the 
license amendment and exemption request.

7.0 Finding of No Significant Impact

    The Commission has prepared this EA related to GE's exemption 
request. On the basis of this EA, the NRC finds that there are no 
significant environmental impacts from the proposed action, and that 
preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC has determined that a Finding of No Significant 
Impact is appropriate.

8.0 References

    1. SSD Certificate No. NR-0399-D-101-E.
    2. NRC License No. 20-23904-01E.
    3. GE letters dated November 29, 2006 and May 13, 2007, with 
enclosures thereto.

IV. Further Information

    Questions regarding this action may be directed to Duncan White at 
(301) 415-2598 or by e-mail at [email protected].

    Dated at Rockville, Maryland this 17th day of August, 2007.

    For The Nuclear Regulatory Commission.
Janet Schlueter,
Director, Division of Materials Safety and State Agreements, Office of 
Federal and State Materials and Environmental Management Programs.
 [FR Doc. E7-17878 Filed 9-10-07; 8:45 am]
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