[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Notices]
[Pages 54177-54178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21802]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-29879]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment Request to Byproduct 
Materials License 29-28005-01 for the Sarnoff Corporation, Princeton, 
NJ

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment.

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FOR FURTHER INFORMATION CONTACT: Dennis Lawyer, Health Physicist, 
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 
I, 475 Allendale Road, King of Prussia, PA 19406. Telephone: (610) 337-
5303; fax number: (610) 337-5366; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of a license renewal to Byproduct Materials License No. 29-
28005-01. This license is held by The Sarnoff Corporation (Licensee) in 
Princeton, New Jersey. As part of its license renewal, the Licensee has 
requested an exemption from the requirement in 10 CFR 30.32(g) to list 
sealed sources by their manufacturer and model number as registered 
under the provisions of 10 CFR 32.210. The Licensee requested this 
exemption in a letter dated June 2, 2006. 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 (CFR), 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 license renewal, 
including the approval of the exemption request, will be issued to the 
Licensee following the publication of this FONSI and EA in the Federal 
Register.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would renew License No. 29-28005-01, including 
approval of the Licensee's request for exemption submitted on June 2, 
2006. License No. 29-28005-01 was issued on June 16, 1987, pursuant to 
10 CFR Part 30, and has been amended periodically since that time. This 
license authorized the Licensee for research and development as defined 
in 10 CFR 30.4.
    On June 24, 2005, the Licensee submitted its renewal application 
for License No. 29-28005-01. In a letter dated February 1, 2006, 
discussing its unregistered americium-241 source, the Licensee 
referenced the guidance in NUREG 1556, Volume 3 (Revision 1) which 
states that that sealed sources containing 10 microcuries or less of 
alpha-emitting radioactive material and 100 microcuries or less of beta 
and/or gamma emitting materials were not required to be registered. In 
a letter dated June 2, 2006, in response to NRC questions contained in 
an e-mail dated May 16, 2006, the Licensee explicitly requested an 
exemption from the requirement in 10 CFR 30.32(g) to list its 
americium-241 source by a manufacturer and model number as registered 
under the provisions of 10 CFR 32.210. The unregistered americium-241 
sealed source (a gamma emitting source of approximately 11 microcuries) 
possessed by the Licensee meets the criterion in NUREG 1556, Volume 3 
(Revision 1) which states that that sealed sources containing 100 
microcuries or less of gamma emitting materials were not required to be 
registered. In addition, the Licensee stated that granting this 
exemption will enable the Licensee to continue to make calibrations of 
its equipment in a timely manner, avoiding the need to send equipment 
out for calibration. The Licensee further stated that granting this 
exemption would avoid the need and risk of bringing a calibration 
source to the site for instruments that cannot be moved. The Licensee 
also stated that a replacement americium-241 source that would meet the 
current registration requirements would likely be a larger source with 
an increased risk of handling.

Need for the Proposed Action

    The Licensee has used this source for many years without incident. 
This exemption is needed to authorize the Licensee to continue to 
possess this source.

[[Page 54178]]

Technical Analysis of the Proposed Action

    10 CFR 30.11(a) states that the Commission may grant such 
exemptions from the requirements of the regulations as it determines 
are authorized by law and will not endanger life or property or the 
common defense and security and are otherwise in the public interest. 
The NRC staff has analyzed the Licensee's request to be authorized to 
receive and take possession of sealed sources and devices which have 
not been registered with the NRC under 10 CFR 32.210 or with an 
Agreement State. The NRC staff considered that the Licensee is 
qualified by sufficient training and experience and has sufficient 
facilities and equipment to handle these sources and devices. 
Furthermore, NRC inspections have evaluated the Licensee's performance 
and determined that the Licensee has safely handled these unregistered 
sources for many years. Accordingly, the NRC staff has concluded that 
granting this exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is in the public 
interest.

Environmental Impacts of the Proposed Action

    The proposed action is largely administrative in nature. The 
Licensee has handled sources and devices which have not been registered 
by the NRC under 10 CFR 32.210, or by an Agreement State, for many 
years. The Licensee is qualified by sufficient training and experience 
and has sufficient facilities and equipment to handle these sources and 
devices. Approving this exemption will have no environmental impact.

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the largely administrative nature of the proposed action, 
its environmental impacts are small. Additionally, denying the 
exemption request would result in no change in current environmental 
impacts. The environmental impacts of the proposed action and the no-
action alternative are therefore similar, and the no-action alternative 
is accordingly not further considered.

Conclusion

    The NRC staff has concluded that the proposed action will not 
significantly impact the quality of the human environment; the NRC 
staff concludes that the proposed action is the preferred alternative.

Agencies and Persons Consulted

    The NRC staff has determined that the proposed action is of a 
procedural nature, and will not affect listed species or critical 
habitat. Therefore, no further consultation is required under section 7 
of the Endangered Species Act. The NRC staff has also determined that 
the proposed action is not the type of activity that has the potential 
to cause effects on historic properties. Therefore, no further 
consultation is required under section 106 of the National Historic 
Preservation Act.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA in support of the proposed 
action. 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.

IV. Further Information

    Documents related to this action, including the application for 
exemption and supporting documentation, 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 documents related to this 
action are listed below, along with their ADAMS accession numbers.
    1. Licensee renewal application dated June 24, 2005 [ML051890490].
    2. Licensee letter dated February 1, 2006 [ML060590605].
    3. Licensee letter dated June 2, 2006 [ML061560252].
    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]. 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 at Region I, 475 Allendale Road, King of Prussia, this 
10th day of September 2008.
    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety 
Region I.
[FR Doc. E8-21802 Filed 9-17-08; 8:45 am]
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