[Federal Register Volume 83, Number 38 (Monday, February 26, 2018)]
[Notices]
[Pages 8302-8303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03789]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 30-08478; NRC-2018-0033]


National Institutes of Health

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) is issuing an 
environmental assessment (EA) and finding of no significant impact 
(FONSI) for an exemption request by the National Institutes of Health 
(NIH). The NIH requested an exemption from the NRC transportation 
regulations that require NRC licensees to follow the U.S. Department of 
Transportation (DOT) hazardous material regulations.

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DATES: The EA and FONSI referenced in this document are available on 
February 20, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0033 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0033. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. In addition, for the convenience of the reader, the ADAMS 
accession numbers are provided in a table in the ``Availability of 
Documents'' section of this document.
     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: Bernard White, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-6577; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is reviewing a request from NIH (or applicant), dated 
January 19, 2017 (ADAMS Accession No. ML17306A532), for an exemption in 
accordance with section 71.12 of title 10 of the Code of Federal 
Regulations (10 CFR). If approved, the action would exempt NIH from the 
Department of Transportation requirements incorporated in 10 CFR 71.5 
for a one-time movement of an irradiator from one building to another 
on the NIH campus. Therefore, as required by 10 CFR 51.21 and 51.30(a), 
the NRC staff developed an EA (ADAMS Accession No. ML18036A042) to 
evaluate the proposed federal action.
    The exemption request by NIH would facilitate the movement of an 
irradiator 0.3 miles through a private parking lot, across a public 
road, and through another private parking lot to reach its destination. 
The irradiator will be lifted and moved using a forklift.
    Since the movement by NIH will be accomplished using a motor 
vehicle operated by a Federal government employee solely for 
noncommercial Federal government purposes, according to 49 CFR 
171.1(d)(5), the activity is not subject to DOT's hazardous material 
regulations. However, since NIH holds an NRC license under 10 CFR part 
30, NIH is subject to 10 CFR 71.5, ``Transportation of licensed 
material.'' The regulations in 10 CFR 71.5 require an NRC licensee to 
comply with the DOT regulations in 49 CFR parts 107, 171 through 180, 
and 390 through 397, whether or not the DOT regulations are applicable 
to a shipment of licensed material.

II. Environmental Assessment

Description of the Proposed Action

    The EA defines the NRC's proposed action (i.e., to grant NIH's 
exemption request from 10 CFR 71.5) and the purpose of and need for the 
proposed action. The EA also evaluates the potential environmental 
impacts of the proposed action and alternatives to the proposed action, 
followed by the NRC's conclusion. Alternatives to the proposed action 
considered include: The no-action alternative (i.e., not granting the 
requested exemption); utilizing another route that does not cross a 
public road; and changing the destination of the irradiator. None of 
the alternatives is feasible or meets the purpose and need of the 
proposed action. Therefore, the proposed action is the preferred 
alternative.
    The EA evaluates the potential environmental impacts of granting 
the exemption from the regulations in 10 CFR 71.5, so that the movement 
of the irradiator will not be subject to the DOT's hazardous material 
regulations. The only potential impacts from the proposed movement of 
the irradiator would be radiological impacts associated with an 
accident scenario. The analysis in the EA shows that the radiological 
impacts (direct, indirect, or cumulative) would be no greater than 
those for a transport of the irradiator if it were accomplished in 
accordance with the DOT regulations. Any non-radiological impacts, such 
as impacts to noise, visual/scenic, or socioeconomic environment, would 
be no greater than those for any other transport that meets all of the 
DOT regulations.

Agencies and Persons Consulted

    The NRC provided the State of Maryland and the DOT a draft copy of 
this EA for a 30-day review on January 17, 2018 (ADAMS Accession Nos. 
ML18025B814 and ML18025B815). The State of Maryland did not respond and 
the NRC did not receive any comments on the draft EA and FONSI from DOT 
(ADAMS Accession No. ML18033A079).
    The NRC staff has determined that the exemption from the 
requirements in 10 CFR 71.5 would have no impact on historic and 
cultural resources or ecological resources and, therefore, no 
consultations are necessary under Section 106 of the National Historic 
Preservation Act and Section 7 of the Endangered Species Act, 
respectively.

III. Finding of No Significant Impact

    The NRC staff has prepared an EA and FONSI in support of the 
proposed action. The EA is available at ADAMS Accession No. 
ML18036A042. The NRC staff has concluded that the proposed action, 
granting an exemption to NIH from the transportation requirements in 10 
CFR 71.5 for this one-time movement of an irradiator, will not 
significantly impact the quality of the human environment, and that the 
proposed action is the preferred alternative. On the basis of the 
environmental assessment, the NRC concludes that the proposed action 
will not have a significant effect on the quality of the human 
environment. Accordingly, the NRC has determined not to prepare an 
environmental impact statement for the proposed action.

    Dated at Rockville, Maryland, this 20th day of February 2018.

    For the Nuclear Regulatory Commission.

John McKirgan,
Chief, Spent Fuel Licensing Branch, Division of Spent Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2018-03789 Filed 2-23-18; 8:45 am]
 BILLING CODE 7590-01-P