[Federal Register Volume 90, Number 77 (Wednesday, April 23, 2025)]
[Notices]
[Pages 17086-17087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06902]



[[Page 17086]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-0398; NRC-2023-0184]


U.S. Department of Commerce; National Institute of Standards and 
Technology; License Renewal

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has renewed 
Special Nuclear Materials (SNM) License No. SNM-362, to the U.S. 
Department of Commerce, National Institute of Standards and Technology 
(NIST, the licensee) located in Gaithersburg, Maryland. The renewed 
license authorizes NIST to continue to possess and use SNM for a period 
of 10 years and will expire on April 10, 2035.

DATES: License No. SNM-362 was issued on April 10, 2025, and is 
effective as of the date of issuance.

ADDRESSES: Please refer to Docket ID NRC-2023-0184 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 https://www.regulations.gov and search for Docket ID NRC-2023-0184. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the ``Availability of Documents'' section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Osiris Siurano-P[eacute]rez, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-7827; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    NIST is a Federal agency within the U.S. Department of Commerce. 
Under the SNM-362 license, NIST uses licensed materials for research, 
development, calibration, and testing activities. NIST also develops, 
maintains, and disseminates national standards for ionizing radiation 
and radioactivity to support health care, industry, and homeland 
security at its Gaithersburg, Maryland site. The quantity of SNM 
possessed and used by NIST requires an NRC-issued SNM license pursuant 
to part 70 of title 10 of the Code of Federal Regulations (10 CFR), 
``Domestic licensing of special nuclear material.''

II. Discussion

    Pursuant to 10 CFR 2.106, the NRC is providing notice of the 
issuance of renewal of a 10 CFR part 70 license, SNM-362, to NIST in 
Gaithersburg, Maryland. The license authorizes NIST to possess and use 
SNM for research, development, calibration, and testing activities at 
its Gaithersburg site. NIST's original license renewal application 
(LRA) for a 10-year license was made by letter dated August 8, 2023. 
The term of NIST's license, which also recognizes NIST as a Type A 
Broad Scope License pursuant to 10 CFR part 33, ``Specific Domestic 
Licenses of Broad Scope for Byproduct Material,'' expired on September 
9, 2023. The NRC staff performed an acceptance review of NIST's 
application and by letter dated October 6, 2023, notified NIST that the 
LRA contained sufficient information to proceed with its detailed 
technical review. NIST was also notified that, since it filed its LRA 
at least 30 days before the license's expiration date, pursuant to the 
timely renewal provisions in 10 CFR 70.38(a), NIST was permitted to 
continue using its SNM in accordance with the existing SNM-362 license, 
pending a final decision by the Commission on the LRA.
    On November 16, 2023, a notice of receipt of NIST's LRA with an 
opportunity for the public to request a hearing and petition for leave 
to intervene was published in the Federal Register (88 FR 78798). The 
NRC did not receive a request for a hearing or for a petition for leave 
to intervene.
    The LRA was subsequently supplemented by letter dated March 11, 
2024. The letter included a revised version of NIST's LRA. The revised 
version of the LRA is a standalone document that integrates the 
information provided in NIST's responses to an NRC staff's requests for 
additional information dated February 9, 2024.
    The NRC staff determined that NIST's proposed licensed activities 
meet the categorical exclusion in 10 CFR 51.22(c)(14)(v) for the use of 
radioactive materials for research and development and for educational 
purposes. Therefore, an environmental assessment and an environmental 
impact statement are not required for the renewal of the SNM-1373 
license.
    The NRC finds that the renewed license complies with the standards 
and requirements of the Atomic Energy Act of 1954, as amended, and the 
NRC's rules and regulations as set forth in 10 CFR chapter 1. 
Accordingly, the renewed license issued on April 10, 2025, is effective 
as of the date of issuance. The NRC prepared a safety evaluation report 
(SER) for the renewal of license SNM-362 and concluded that NIST can 
continue to use and possess SNM in accordance with its license without 
endangering the health and safety of the public, and that this action 
will not significantly affect the quality of the human environment for 
the duration of the license.

III. Availability of Documents

    Documents related to this action, including the license renewal 
application and other supporting documentation, are available to 
interested persons as indicated.

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            Document description                 ADAMS accession No.
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License Renewal Application (Initial),       ML23221A162 (Package).
 dated August 8, 2023.
NRC Acknowledgement of Receipt of the        ML23237B469.
 Application Letter, dated August 29, 2023.
Acceptance of NIST's License Renewal         ML23271A220.
 Application Letter, dated October 6, 2023.
Request for Additional Information Letter,   ML23320A135.
 dated February 9, 2024.

[[Page 17087]]

 
NIST's Revised License Renewal Application,  ML24071A181.
 dated March 7, 2024.
Email (Errata)--Correction to NIST License   ML24096B503.
 Renewal Application--Material Control &
 Accountability Requirements, dated April
 3, 2024.
NIST License Renewal Application Corrected   ML24096B504.
 Page 48 (April 3, 2024).
Reply To Request for Additional              ML24152A178.
 Information: U.S. Department of Commerce,
 National Institute Of Standards And
 Technology (NIST) Application For Renewal
 Of Special Nuclear Materials License
 Number 362--EPID L-2023-RNW-0017.
NRC Transmittal Letter: SNM-362 License      ML24152A179.
 Renewal, dated April 10, 2025.
SER on NIST's License Renewal Application,   ML24152A180 (non-public,
 dated April 10, 2025.                        withheld pursuant to 10
                                              CFR 2.390).
Renewed SNM-362, dated April 10, 2025......  ML24152A181.
SER on NIST's License Renewal Application,   ML24152A182 (non-public,
 dated April 10, 2025.                        withheld pursuant to 10
                                              CFR 2.390).
Renewed SNM-362 Sensitive Conditions, dated  ML24152A183 (non-public,
 April 10, 2025.                              withheld pursuant to 10
                                              CFR 2.390).
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    Dated: April 17, 2025.

    For the Nuclear Regulatory Commission.
Samantha Lav,
Chief, Fuel Facility Licensing Branch, Division of Fuel Management, 
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2025-06902 Filed 4-22-25; 8:45 am]
BILLING CODE 7590-01-P