Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices 25209 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–10047; NRC–2012–0097] 

Environmental Assessment and 

Finding of No Significant Impact for 

Exemption Request for Franciscan St. 

Anthony Health—Crown Point, Crown 

Point, IN 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability. 

FOR FURTHER INFORMATION CONTACT: 

Cassandra F. Frazier, Senior Licensing 

Reviewer, Materials Licensing Branch, 

Division of Nuclear Materials Safety, 

Region III Office, U.S. Nuclear 

Regulatory Commission, Lisle, Illinois 

60532. Telephone: 630–829–9830; fax 

number: 630–515–1078; email: 

Cassandra.Frazier@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC or the Commission) 

is considering the renewal of Material 

License No. 13–15933–01 issued to 

Franciscan St. Anthony Health—Crown 

Point, Crown Point, Indiana. The license 

renewal would include an exemption to 

Title 10 of the Code of Federal 

Regulations (10 CFR) 35.400, and 

related rules to permit the continued 

use of brachytherapy sealed sources that 

do not have an approved Sealed Source 

and Device Registry (SSDR). 

The NRC has determined that the 

license renewal qualifies for a 

categorical exclusion under 10 CFR 

51.22(c)(14) and therefore does not 

require an Environmental Assessment 

(EA). Issuance of an exemption to 

10 CFR 35.400 is not covered by a 

categorical exclusion. Therefore, an EA 

of the proposed exemption is required 

under 10 CFR Part 51. Based on the EA, 

the NRC has concluded that a Finding 

of No Significant Impact (FONSI) is 

appropriate. The license renewal with 

the authorization for an exemption to 

10 CFR 35.400 and related rules will be 

issued following the publication of this 

Notice. 

II. Environmental Assessment 

The proposed action is the issuance of 

an exemption to NRC rules at 10 CFR 

30.32(g), 35.49 and 35.400 pursuant to 

10 CFR 30.11 and 35.19. The purpose of 

the proposed exemption is to authorize 

the licensee, Franciscan St. Anthony 

Healt—-Crown Point, to continue the 

use of brachytherapy sealed sources 

previously authorized by the NRC, but 

that have not been approved in the 

Sealed Source and Device (SSD) 

Registry. 

The licensee was authorized by the 

NRC on April 8, 1974, to possess and 

use byproduct materials for medical use 

at its facility in Crown Point, Indiana. 

While reviewing the licensee’s license 

renewal application dated October 26, 

2010, the NRC staff determined that 

fourteen sealed brachytherapy sources 

have been in its possession and use 

since September 18, 1986 (25 years), 

including cesium-137 sealed sources, 

model numbers 1862, 1864 and 1866, 

manufactured by Radiation Therapy 

Resources, Inc. The cesium-137 sealed 

sources are not approved in the SSD 

Registry as required by the NRC 

regulations at 10 CFR 35.400(a). 

Provisions in 10 CFR 35.400(a) 

require that sealed sources for manual 

brachytherapy medical use must be 

approved in the SSD Registry. The SSD 

Registry was established in 1989, as a 

formalized database to be used both by 

the NRC and the Agreement States in 

order to serve as a ‘‘clearing house’’ for 

sources and devices that meet the 

regulatory requirements. Under NRC 

rules at 10 CFR 30.32(g), normally an 

applicant for a specific license to use 

byproduct material in the form of a 

sealed source or in a device that 

contains a sealed source must either 

identify the source or device by 

manufacturer and model number as 

registered in the SSD Registry, or 

provide the information described in 

10 CFR 32.210(c) (i.e., information 

necessary to enable a review to 

determine whether the device should be 

added to the Registry). In this case, 

however, use of the cesium-137 sources 

predates the SSD Registry. Current 

registration is not possible because the 

manufacturer of the sources, Radiation 

Therapy Resources, Inc., is no longer in 

business and the licensee does not have 

sufficient information to permit the 

normally-required SSD Registry review. 

After telephone discussions with the 

NRC staff, the licensee, in letters dated 

May 3, 2011, and June 16, 2011, 

submitted a request for an exemption to 

10 CFR 35.400(a) to possess the cesium137 sealed sources for therapeutic 

medical use. The licensee stated that 

continued use of the cesium-137 sealed 

sources would be medically beneficial. 

Specifically, the sealed sources would 

be used to provide brachytherapy 

procedures to patients with early state 

of gynecological cancer or to give boost 

dose post external beam therapy 

without radiating the dose to extra 

normal tissue. The licensee also stated 

that the cesium-137 sealed sources have 

been used for 25 years with no 

occurrence of a medical event. Quarterly 

inventory checks have been conducted 

and the sources have been accounted for 

and stored safely and securely between 

the uses. The licensee conducted sixmonth leak tests on the sealed sources 

as required by the license, with no 

incidence of a leaking source. 

The NRC staff reviewed the licensee’s 

exemption request, information 

pertaining to the structural integrity of 

the cesium-137 sources, and historical 

records on the use of the cesium-137 

sealed sources. Historical use of the 

sealed sources, which predates the 

existence of the SSD Registry, has been 

conducted safely, without 

environmental releases, and there are no 

indications that the structural integrity 

of the sources would be adversely 

affected if the current type of use 

continues. 

The NRC staff’s review also found that 

(1) the licensee is qualified by sufficient 

training and experience and has 

sufficient facilities and equipment, with 

appropriate procedures, to safely use 

and handle the requested quantity of 

radioactive material in unshielded form, 

and has the necessary financial 

assurance; and (2) there is historical 

evidence extending to over two decades 

that the licensee has handled this and 

similar types of sources without 

incident. Based on its findings, the NRC 

staff concludes that granting the 

exemption is authorized by law, will not 

endanger life, property, or the common 

defense and security, and is otherwise 

in the public interest. The NRC plans to 

renew the license with the exemption 

provided in a special license condition 

that states, ‘‘Notwithstanding the 

requirements of 10 CFR 30.32(g), 35.49, 

and 35.400, the licensee may use 

Radiation Therapy Resources, Inc., 

Model Nos. 1862, 1864, and 1866 

manual brachytherapy sources for 

medical uses authorized under the 

provisions of 10 CFR 35.400.’’ 

The staff consulted with the State of 

Indiana, and the State had no comments 

on the proposed action. 

III. Finding of No Significant Impact 

On the basis of the EA, the NRC has 

concluded that there are no significant 

environmental impacts from the 

issuance of the exemption to the NRC 

rules at 10 CFR 30.32(g), 35.49 and 

35.400, and has determined not to 

prepare an environmental impact 

statement. 

IV. Further Information 

Documents related to this action, 

including the proposed exemption 

request and supporting documentation, 

are available online in the NRC Library 

at http://www.nrc.gov/reading-rm/ 

mstockstill on DSK4VPTVN1PROD with NOTICES

25210 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Notices 

1Applicants request relief with respect to any 

existing and any future series of the Trust or any 

other registered open-end management company 

that: (a) Is advised by the Advisor or a person 

controlling, controlled by, or under common 

control with the Advisor or its successor (each, also 

an ‘‘Advisor’’); (b) uses the manager of managers 

structure described in the application; and (c) 

complies with the terms and conditions of the 

requested order (any such series, a ‘‘Fund’’ and 

collectively, the ‘‘Funds’’). The only existing 

registered open-end management investment 

company that currently intends to rely on the 

requested order is named as an applicant and each 

series that currently intends to be a Fund is 

identified in the application. For purposes of the 

requested order, ‘‘successor’’ is limited to an entity 

or entities that result from a reorganization into 

another jurisdiction or a change in the type of 

business organization. If the name of any Fund 

contains the name of a Subadvisor (as defined 

below), that name will be preceded by the name of 

the Advisor. 

2 ‘‘Advisory Agreement’’ includes advisory 

agreements with an Advisor for future Funds. 

3 In performing these functions, the Advisor may 

consult with a ‘‘Lead Subadvisor,’’ which will be 

registered as an investment adviser under the 

Advisers Act. The Advisor will enter into an 

agreement with a Lead Subadvisor, (the ‘‘Lead 

Subadvisory Agreement’’), to assist the Advisor in 

the identification and selection of Subadvisors and 

in the portfolio construction process. However, the 

responsibility for the evaluation, selection and 

recommendation of the Subadvisors to manage all 

or a portion of the assets of a Fund, as well as the 

monitoring and review of each Subadvisor, 

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 ADAMS accession 

numbers for the documents related to 

this notice are: 

(1.) Franciscan St. Anthony HealthCrown Point, Licensee exemption 

request, May 3, 2011, (ML111230830); 

(2.) Franciscan St. Anthony HealthCrown Point, Licensee exemption 

request, June 16, 2011, (ML111801256); 

(3.) Franciscan St. Anthony HealthCrown Point, Licensee Background 

information, (ML111470614); and 

(4.) Franciscan St. Anthony HealthCrown Point, License Number 13– 

15933–01, (ML120800176). 

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 

pdr.resource@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O 1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

MD 20852. The PDR reproduction 

contractor will copy documents for a 

fee. 

Dated at Lisle, Illinois, this 18th day of 

April 2012. 

For the Nuclear Regulatory Commission. 

Patricia J. Pelke, 

Chief, Material Licensing Branch, Division of 

Nuclear Materials Safety, Region III. 

[FR Doc. 2012–10191 Filed 4–26–12; 8:45 am] 

BILLING CODE 7590–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

30043; 812–13889] 

Advisors Series Trust and Orinda 

Asset Management, LLC; Notice of 

Application 

April 23, 2012. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 6(c) of the 

Investment Company Act of 1940 

(‘‘Act’’) for an exemption from section 

15(a) of the Act and rule 18f–2 under 

the Act, as well as from certain 

disclosure requirements. 

SUMMARY OF THE APPLICATION: 

Applicants request an order that would 

permit them to enter into and materially 

amend subadvisory agreements without 

shareholder approval and would grant 

relief from certain disclosure 

requirements. 

APPLICANTS: Advisors Series Trust (the 

‘‘Trust’’) and Orinda Asset Management, 

LLC (the ‘‘Advisor’’). 

FILING DATES: The application was filed 

on April 7, 2011, and amended on 

August 10, 2011, February 29, 2012, and 

April 20, 2012. 

HEARING OR NOTIFICATION OF HEARING: 

An order granting the application will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on May 18, 2012 and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit or, for lawyers, a certificate of 

service. Hearing requests should state 

the nature of the writer’s interest, the 

reason for the request, and the issues 

contested. Persons who wish to be 

notified of a hearing may request 

notification by writing to the 

Commission’s Secretary. 

ADDRESSES: Elizabeth M. Murphy, 

Secretary, U.S. Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–1090. 

Applicants, Advisors Series Trust, 615 

East Michigan Street, Milwaukee, WI 

53202 and Orinda Asset Management, 

LLC, 4 Orinda Way, Suite 100B, Orinda, 

CA 94563. 

FOR FURTHER INFORMATION CONTACT: 

Laura L. Solomon, Senior Counsel, at 

(202) 551–6915, or Jennifer L. Sawin, 

Branch Chief, at (202) 551–6821 (Office 

of Investment Company Regulation, 

Division of Investment Management). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or an applicant using the 

Company name box, at http:// 

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. The Trust, a Delaware statutory 

trust organized as a series investment 

company, is registered under the Act as 

an open-end management investment 

company and currently offers forty 

series, one of which is advised by the 

Advisor.1 The Advisor, a Delaware 

limited liability company, is principally 

owned by Orinda Investment Partners, 

LLC, a limited liability company 

organized under Delaware law, and the 

four managing partners of the Advisor 

each have a minority interest in the 

Advisor. The Advisor is, and any future 

Advisor will be, registered as an 

investment adviser under the 

Investment Advisers Act of 1940 

(‘‘Advisers Act’’). The Advisor will 

serve as investment adviser to the Funds 

under an investment advisory 

agreement with the Trust (‘‘Advisory 

Agreement’’) 2 that will have been 

approved by each respective Fund’s 

initial shareholder and the Trust’s Board 

of Trustees (‘‘Board’’), including a 

majority of the trustees who are not 

‘‘interested persons,’’ as defined in 

section 2(a)(19) of the Act, of either the 

Trust or the Advisor (‘‘Independent 

Trustees’’) in the manner required by 

sections 15(a) and (c) of the Act and rule 

18f–2 under the Act. 

2. Under the terms of the Advisory 

Agreement, the Advisor, subject to 

oversight of the Board, and in 

consultation with the lead subadvisor 

‘‘(Lead Subadvisor’’), if any, furnishes a 

continuous investment program for each 

Fund. The Advisor will provide the 

Funds with overall management 

services and, in consultation with the 

Lead Subadvisor, if any, as it deems 

appropriate, continuously review, 

supervise and administer each Fund’s 

investment program, subject to the 

supervision of, and policies established 

by the Board.3 For the investment 

mstockstill on DSK4VPTVN1PROD with NOTICES