Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices 13605 

Management Act, provided the public 

has been notified of the Council’s intent 

to take final action to address the 

emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Kitty M. Simonds, 

(808) 522–8220 (voice) or (808) 522– 

8226 (fax), at least 5 days prior to the 

meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: March 8, 2011. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–5697 Filed 3–11–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA123 

Marine Mammals; File No. 15616 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

Craig Matkin, North Gulf Oceanic 

Society, Homer, AK, has been issued a 

permit to conduct research on marine 

mammals. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and 

Alaska Region, NMFS, P.O. Box 21668, 

Juneau, AK 99802–1668; phone (907) 

586–7221; fax (907) 586–7249. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Adams or Kristy Beard, (301) 

713–2289. 

SUPPLEMENTARY INFORMATION: On 

January 5, 2011, notice was published in 

the Federal Register (76 FR 542) that a 

request for a permit to conduct research 

on marine mammals had been 

submitted by the above-named 

applicant. The requested permit has 

been issued under the authority of the 

Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361 et seq.), and 

the regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

The permit allows harassment of 

marine mammals during conduct of 

research in Alaskan waters, including 

southeast Alaska, Prince William 

Sound, the Kenai Peninsula, the Eastern 

Aleutian Islands, and the Bering Sea. 

The purpose of the research is to 

maintain a long-term killer whale 

(Orcinus orca) monitoring program in 

Alaskan waters that was initiated over 

25 years ago. In addition, the permit 

holder will examine movements of other 

non-endangered cetacean species along 

the North Gulf Coast of Alaska in 

relation to U.S. Navy testing activities. 

The research activities include photoidentification, passive acoustic 

recording, biopsy sampling, tagging 

with barbed darts and suction cups, and 

collecting samples of marine mammal 

carcasses from sites of killer whale 

predation. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a final 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Dated: March 9, 2011. 

Tammy C. Adams, 

Acting Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2011–5849 Filed 3–11–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF ENERGY 

Notice of Availability of Draft Waste 

Incidental to Reprocessing Evaluation 

for the Vitrification Melter at the West 

Valley Demonstration Project for West 

Valley, New York 

AGENCY: Office of Environmental 

Management, U.S. Department of 

Energy. 

ACTION: Notice of availability. 

SUMMARY: The Department of Energy 

(DOE) announces the availability of a 

draft evaluation which shows that the 

vitrification melter (used to vitrify waste 

from reprocessing of spent nuclear fuel 

and certain treatment material) at the 

West Valley Demonstration Project 

(WVDP), located at the Western New 

York Service Center in West Valley, 

New York, is waste incidental to 

reprocessing and thus is not high-level 

radioactive waste (HLW) and may be 

managed and disposed of offsite as lowlevel waste (LLW). DOE prepared the 

draft evaluation pursuant to DOE 

Manual 435.1–1, Radioactive Waste 

Management. DOE is consulting with 

the Nuclear Regulatory Commission 

(NRC) before finalizing this evaluation. 

Although it is not required by DOE 

Manual 435.1–1, DOE is making the 

draft evaluation available for public and 

state review and comment during the 

NRC consultative review period. DOE 

will make its final evaluation and 

determination as to whether the 

vitrification melter is HLW, or is waste 

incidental to reprocessing which can be 

managed and disposed of as LLW, after 

consideration of any public, state, and 

NRC comments on this draft evaluation. 

DATES: The comment period will end 

April 28, 2011. Comments received after 

that time will be considered to the 

extent practicable. 

ADDRESSES: The draft waste evaluation 

is available on the Internet at http:// 

apps.em.doe.gov/wvdp/, and is publicly 

available for review at the following 

locations: U.S. Department of Energy, 

Public Reading Room, 1000 

Independence Avenue, SW., 

Washington, DC 20585, phone: (202) 

586–5955, or fax: (202) 586–0575; and 

U.S. DOE, West Valley Demonstration 

Project Public Reading Room located at 

the Town of Concord Hulbert Library, 

18 Chapel St., Springville, New York 

14141, phone: (716) 592–7742. Written 

comments should be submitted to: Mr. 

Daniel Sullivan, U.S. Department of 

Energy, West Valley Demonstration 

Project, 10282 Rock Springs Road, West 

Valley, New York 14171–9799. 

Alternatively, comments may also be 

filed electronically by e-mail to 

melter@wv.doe.gov or by fax at (716) 

942–4703. 

FOR FURTHER INFORMATION CONTACT: For 

further information about this draft 

waste evaluation, please contact Mr. 

Daniel Sullivan at the mailing address 

or Web site listed above. 

SUPPLEMENTARY INFORMATION: The 

vitrification melter is a box structure, 

approximately 10 feet on each side, with 

a stainless steel outer structure and an 

interior lined with refractory materials. 

It was used to solidify high-level waste 

which had been generated by 

commercial reprocessing of spent 

nuclear fuel at the Western New York 

Nuclear Service Center in West Valley, 

New York by Nuclear Fuel Services, Inc. 

from 1966 through 1972. DOE 

undertook the solidification activities 

pursuant to DOE’s responsibilities 

under the West Valley Demonstration 

Project Act. To solidify the waste, DOE 

vitrified the waste (combined it at a high 

temperature with borosilicate glass) and 

transferred the molten glass-waste 

mixture into specially developed 

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13606 Federal Register / Vol. 76, No. 49 / Monday, March 14, 2011 / Notices 

stainless steel canisters where the 

mixture hardened into a solid glass 

waste form. DOE used the vitrification 

melter as part of this process, 

specifically to melt glass frit (material 

used in making glass) together with 

reprocessing waste sludge and treatment 

material (spent ion removal resin). 

DOE operated the vitrification melter 

between 1996 and 2002. In 2002, prior 

to shut down, the vitrification melter 

was flushed three times with 

decontamination solutions and emptied 

using an evacuated canister process so 

as to remove key radionuclides to the 

maximum extent technically and 

economically practical. After 

completing this decontamination, a 

small amount of hardened residual 

radioactive glass material that could not 

be removed remained inside the 

vitrification melter. The vitrification 

melter with the remaining residual 

waste was characterized for 

radioactivity and determined to have 

radionuclide concentrations that do not 

exceed concentration limits for Class C 

low-level waste. It was removed from 

the vitrification cell in 2004 and is 

presently safely stored at the West 

Valley Demonstration Project in a 

Department of Transportation-certified 

Industrial Package-2 steel transportation 

container. DOE plans to further stabilize 

the vitrification melter waste package by 

filling the melter and the waste package 

with cement grout before shipment 

offsite. It will be disposed of at a 

suitable off-site low-level waste disposal 

facility, either the Area 5 Radioactive 

Waste Management Site at DOE’s 

Nevada National Security Site (NNSS) 

in Nevada or the Waste Control 

Specialists Federal Facility Waste 

Disposal Facility near Andrews, Texas. 

DOE intends to dispose of the 

vitrification melter waste package in 

accordance with applicable waste 

acceptance criteria using specific waste 

profile documentation. 

DOE Manual 435.1–1, which 

implements DOE Order 435.1, 

Radioactive Waste Management, 

contains a rigorous evaluation process 

which DOE uses to determine whether 

or not certain waste from the 

reprocessing of spent nuclear fuel is 

incidental to reprocessing and therefore 

is not high-level waste and can be 

managed as low-level waste. This 

process, in relevant part, requires 

demonstrating that: 

(1) Key radionuclides have been 

removed to the maximum extent that is 

technically and economically practical; 

(2) The waste will be managed to meet 

safety requirements comparable to the 

performance objectives set out in 10 

Code of Federal Regulations (CFR) Part 

61, Subpart C, Performance Objectives; 

and 

(3) The waste will be managed, 

pursuant to DOE’s authority under the 

Atomic Energy Act of 1954, as amended, 

and in accordance with the provisions 

of Chapter IV of DOE Manual 435.1–1, 

provided the waste will be incorporated 

in a solid physical form at a 

concentration that does not exceed the 

applicable concentration limits for Class 

C low-level waste as set out in 10 CFR 

61.55, Waste Classification. 

The draft waste-incidental-toreprocessing evaluation summarizes 

DOE’s analysis and shows that the 

vitrification melter: 

(1) Has had key radionuclides 

removed to the maximum extent 

technically and economically practical; 

(2) Will be managed to meet safety 

requirements comparable to the NRC 

performance objectives at 10 CFR part 

61, subpart C; and 

(3) Will be in a solid physical form 

that does not exceed concentration 

limits for Class C low-level waste and 

will be managed and disposed of 

pursuant to DOE’s authority under the 

Atomic Energy Act of 1954, as amended, 

and in accordance with applicable 

provisions of Chapter IV of DOE Manual 

435.1–1. 

Accordingly, the draft evaluation 

demonstrates using the wasteincidental-to-reprocessing evaluation 

process that the West Valley 

vitrification melter waste package may 

be managed and disposed of as lowlevel waste. The vitrification melter 

waste package will meet the applicable 

waste acceptance criteria for the 

selected offsite low-level waste disposal 

facility, either the NNSS Area 5 

Radioactive Waste Management Site or 

the Waste Control Specialists Federal 

Facility Waste Disposal Facility in 

Texas. The vitrification melter waste 

package has been approved for disposal 

by the NNSS in case a final decision is 

made to send the waste package to that 

site for disposal. 

DOE is consulting with the NRC 

before finalizing this evaluation. 

Although not required by DOE Manual 

435.1–1, DOE is making the draft 

evaluation available for public and state 

review and comment during the NRC 

consultative review period. DOE plans 

to issue a final determination as to 

whether the vitrification melter is highlevel waste or can be managed and 

disposed of as low-level waste following 

review and consultation with the NRC 

and consideration of public and state 

comments. 

DOE’s decision on the disposal site to 

be used is not within the scope of this 

draft evaluation. Any DOE decision on 

the facility to which the Vitrification 

Melter waste package would be sent 

would be made after the final DOE 

evaluation and determination, following 

consideration of NRC and public 

comments on this draft evaluation, and 

after DOE confers with appropriate State 

officials in the state where the waste 

package may be disposed. 

Issued in Washington, DC, on March 8, 

2011. 

Frank Marcinowski, 

Deputy Assistant Secretary for Technical and 

Regulatory Support, Office of Environmental 

Management. 

[FR Doc. 2011–5789 Filed 3–11–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Ultra-Deepwater Advisory Committee 

AGENCY: Department of Energy, Office of 

Fossil Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Ultra-Deepwater 

Advisory Committee. The Federal 

Advisory Committee Act (Pub. L. 92– 

463, 86 Stat. 770) requires that public 

notice of this meeting be announced in 

the Federal Register. 

DATES: Wednesday, April 6, 2011, 8 

a.m.–5 p.m. (CDT). Thursday, April 7, 

2011, 8 a.m.–4 p.m. (CDT). 

ADDRESSES: Crowne Plaza Hotel, 

Houston North—Greenspoint, 425 North 

Sam Houston Parkway East, Houston, 

Texas 77060. 

FOR FURTHER INFORMATION CONTACT: 

Elena Melchert, U.S. Department of 

Energy, Office of Oil and Natural Gas, 

Washington, DC 20585. Phone: (202) 

586–5600. 

SUPPLEMENTARY INFORMATION: Purpose of 

the Committee: The purpose of the 

Ultra-Deepwater Advisory Committee is 

to provide advice on the development 

and implementation of programs related 

to ultra-deepwater architecture and 

technology to the Secretary of Energy 

and provide comments and 

recommendations and priorities for the 

Department of Energy Annual Plan per 

requirements of the Energy Policy Act of 

2005, Title IX, Subtitle J, Section 999D. 

Tentative Agenda 

April 6 

7:30 a.m. Registration. 

8 a.m.–4:45 p.m. Welcome & 

Introductions, Opening Remarks, 

and Discussion of Subcommittee 

Reports, and Findings regarding the 

Draft 2011 Annual Plan. 

4:45 p.m. Public Comments, if any. 

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