[Federal Register Volume 77, Number 186 (Tuesday, September 25, 2012)]
[Notices]
[Pages 59021-59022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23558]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 03032042; NRC-2012-0219]


License Amendment Request for the U.S. Department of the Army, 
National Ground Intelligence Center, Charlottesville, VA

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant Impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is considering the issuance of a license renewal and amendment to 
Byproduct Materials License No. 45-25134-01. This license is held by 
the U.S. Department of the Army, National Ground Intelligence Center 
(the licensee), for activities conducted at the facilities located in 
Charlottesville, Virginia; Aberdeen Proving Ground, Maryland; and 
temporary jobsites anywhere in the United States.

ADDRESSES: Please refer to Docket ID NRC-2012-0219 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and are publicly-available, using any of the following 
methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0219. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Dennis Lawyer, Health Physicist, 
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 
I, 2100 Renaissance Blvd., Suite 100, King of Prussia, Pennsylvania 
19406. Telephone: 610-337-5366; fax number: 610-337-5269; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    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 section 10 CFR 32.210 of Title 10, Code of Federal 
Regulations (10 CFR). The licensee requested this exemption in a letter 
dated October 19, 2011. The NRC has prepared an Environmental 
Assessment (EA) in support of this proposed action in accordance with 
the requirements in 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 
and amendment, addressing 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. 45-25134-01 and grant a 
license amendment, approving of the licensee's request for exemption 
dated, October 19, 2011. License No. 45-25134-01 was issued on February 
25, 1991, pursuant to 10 CFR Parts 30, 40, and 70, and has been amended 
periodically since that time. This license authorizes the licensee to 
receive, store, use and transfer specified radioactive materials 
incident to research and development as defined in 10 CFR 30.4. On June 
20, 2011, the licensee submitted its renewal application for License 
No. 45-25134-01. In a letter dated October 19, 2011, 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 their manufacturer and model number as registered under the 
provisions of 10 CFR 32.210. In requesting this exemption, the licensee 
states that the purpose of possessing the sealed sources is to ``remove 
and store devices of foreign manufacture for further testing and 
evaluation.'' The licensee receives material in the form of painted 
disks, sealed tubes, sealed calibration sources, plated foils, and 
other previously manufactured military and civilian

[[Page 59022]]

commodities primarily of foreign origin. Typically, the licensee 
receives two or less sources per year. These sources normally consist 
of less than one curie of tritium and less than one millicurie of 
radium 226 per year. The material is disposed unless it is integral to 
the functioning of the obtained system. The research and development 
performed involves testing for functional and operational 
characteristics. No fabrication using loose or unsealed materials is 
conducted. No willful destructive testing of items containing 
radioactive materials will be conducted under this license. If 
destructive testing is requested it will be conducted by other agencies 
under separate NRC license. The licensee does not know in advance what 
sources or devices may be received at its facility and that, in the 
interest of national security and the U.S. Department of Defense 
policy, the sources or origin of foreign equipment should not be 
revealed. The licensee's policy requires immediate survey of all 
foreign items for radioactive material and coordination with disposal 
organizations if radioactive contamination is found.

Need for the Proposed Action

    The licensee receives and takes possession of sealed sources and 
devices which have not been registered with the NRC under 10 CFR 32.210 
or with an Agreement State. As these sources and devices are from 
foreign manufacturers, are not obtained for commercial purposes, and 
will not be subject to registration, the licensee would not be able to 
possess these sources as sealed sources without this exemption.

Technical Analysis of the Proposed Action

    Paragraph 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, 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 has determined that the licensee has established and 
implemented training requirements for issuance of a Type A specific 
license of broad scope as specified in 10 CFR Part 33. This licensee 
has sufficient training 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. Prior to this renewal, the license did not 
require the licensee to specify registered manufacturers and models. 
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. Approving 
this exemption will have a small environmental impact. Typically, the 
licensee receives two or less sources per year. These sources normally 
consist of less than one curie of tritium and less than one millicurie 
of radium 226 per year. This amount would ultimately be disposed at the 
same rate.

Environmental Impacts of the Alternative 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. If the exemption request was denied and the amendment was not 
granted the licensee would need to request an amendment to authorize 
possession of the material in ``any'' form. This would authorize the 
licensee to possess radioactive materials regardless of its form. 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 
license renewal 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.

Application for License Renewal dated, June 20, 2011 [ML12090A516]
Request for Exemption, letter dated, October 19, 2011 [ML112940589]

    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 email to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O1F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor 
will copy documents for a fee.

    Dated at Region I, 2100 Renaissance Blvd., Suite 100, King of 
Prussia, PA, this September 10th, 2012.

    For the Nuclear Regulatory Commission.
Judith Joustra,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. 2012-23558 Filed 9-24-12; 8:45 am]
BILLING CODE 7590-01-P