[Federal Register Volume 73, Number 188 (Friday, September 26, 2008)]
[Notices]
[Pages 55873-55874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22689]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 03031655]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment Request to Byproduct 
Materials License No. 45-03499-08 for the College of William and Mary, 
Williamsburg, VA

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: Thomas K. Thompson, Senior Health 
Physicist, Commercial and R&D Branch, Division of Nuclear Materials 
Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania; 
telephone: (610) 337-5303; fax number: (610) 337-5269; or by 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. 45-
03499-08. This license is held by The College of William and Mary (the 
Licensee) in Williamsburg, Virginia. 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 October 31, 2005. 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. 45-03499-08, including 
approval of the Licensee's request for exemption submitted on October 
31, 2005. License No. 45-03499-08 was issued on September 14, 1990, 
pursuant to 10 CFR Parts 30 and 70, and has been amended periodically 
since that time. This license authorized the Licensee for laboratory 
research, calibration, and teaching and training of students. It also 
authorized the possession of neutron sources containing plutonium for 
storage incident to disposal.
    On June 29, 2005, the Licensee submitted its renewal application 
for License No. 45-03499-08. In a letter dated October 31, 2005, 
submitted in response to an inquiry from the NRC, the Licensee 
requested an exemption from the requirement in 10 CFR 30.32(g) to list 
sealed sources by manufacturer and model number as registered under the 
provisions of 10 CFR 32.210. In requesting this exemption, the Licensee 
states that most of its source inventory consists of sealed sources 
which have long been in their possession and that most do not bear a 
manufacturer's name or model number, and that it therefore would be 
unable to provide that information.

Need for the Proposed Action

    The Licensee possesses neutron sources containing plutonium being 
held for disposal, and other sources of low activity, less than a 
millicurie each, and has possessed and used these sources for many 
years without incident. This exemption is needed to authorize the 
Licensee to continue to possess these sources.

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

[[Page 55874]]

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 and 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. License renewal application dated June 29, 2005 [ML052130136]
    2. Licensee letter dated October 31, 2005 [ML053130381]
    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, O1 
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, PA, this 
11th 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. E8-22689 Filed 9-25-08; 8:45 am]
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