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[Federal Register Volume 69, Number 191 (Monday, October 4, 2004)]
[Notices]
[Page 59278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22197]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-29418]

University of Pittsburgh Environmental Assessment and Final 
Finding of No Significant Impact for Exemption From 10 CFR 35.615(F)(3)

    The U.S. Nuclear Regulatory Commission (NRC) is authorizing the 
University of Pittsburgh, License No. 37-00245-09, an exemption to 10 
CFR 35.615(f)(3), to permit the licensee to have a qualified 
neurosurgeon physically present in place of an Authorized User (AU) 
during the use of its gamma stereotactic radiosurgery (GSR) units.

Environmental Assessment

Identification of the Proposed Action

    The University of Pittsburgh has a NRC license (License No. 37-
00245-09) which authorizes the medical use of three GSR units. The 
licensee has requested, in a letter dated April 9, 2004, that NRC grant 
a exemption to 10 CFR 35.615(f)(3), which requires an AU and Authorized 
Medical Physicist (AMP) to be physically present throughout all 
patients treatments with a GSR unit.

Need for the Proposed Action

    The licensee has three GSR units located in the same wing of the 
hospital. Because of its expanding patient workload, the licensee 
states that there will be times when it will need to be able to perform 
simultaneous treatments with the GSR units. The licensee is requesting 
an exemption to 10 CFR 35.615(f)(3) to allow the use of a qualified 
neurosurgeon, instead of an AU, to be present throughout patients 
treatments involving the GSR units, in addition to the presence of the 
AMP. The AU will be immediately available to respond to an emergency at 
any of the units.
    The exemption is needed so that University of Pittsburgh can 
continue to provide optimum medical treatment to its patients. The 
exemption would allow the University of Pittsburgh to perform 
simultaneous treatments with the GSR units. The exemption would allow 
better participation of the AU in dose treatment planning and patient 
set-up, without requiring the addition of a second AU. In evaluating 
the licensee's performance conforming to the current requirements in 10 
CFR 35.615(f)(3), NRC inspections since April 2000 have not identified 
any violations nor medical events associated with the use of the GSR 
units.

Environmental Impacts of the Proposed Action

    The gamma stereotactic radiosurgery sources are sealed sources and 
no material will be released to the environment. All the sources are 
contained within the unit, as verified by periodic spot checks 
performed by the licensee. The proposed action does not increase public 
radiation exposure. There will be no impact on the environment as a 
result of the proposed action.

Alternatives to the Proposed Action

    As required by Section 102(2)(E) of NEPA (42 USC 4322(2)(E)), a 
possible alternative to the final action has been considered. The 
alternative is to deny the exemption request, which would require the 
licensee to have at least two AUs and two AMPs physically present when 
simultaneous treatments are conducted at the licensed facility, which 
would significantly increase the cost of patient care. The alternative 
option would not produce a gain in protecting the human environment, 
and it would negatively impact the licensee's provision of medical care 
to it patients.

Alternative Use of Resources

    No alternative use of resources was considered because of the 
reasons stated above.

Agencies and Persons Consulted

    The Advisory Committee on the Medical Uses of Isotopes (ACMUI) has 
been consulted to evaluate this exemption request. ACMUI's 
recommendation has been considered in responding to the licensee's 
request.

Identification of Source Used

    Letters from the University of Pittsburgh, to NRC, Region I, dated 
April 9, 2004, and June 3, 2004.

Finding of No Significant Impact

    Based on the above environmental assesment, the Commission has 
concluded that the proposed action will not have a significant effect 
on the quality of the human environment. Accordingly, NRC has 
determined that a Finding of No Significant Impact is appropriate and 
preparation of an environmental impact statement is not warranted.
    The licensee's letters are available for inspection, and/or copying 
for a fee, in the NRC Region I, Public Document Room, 475 Allendale 
Road, King of Prussia, PA 19406. The documents are available 
electronically for public inspection from the Publicly Available 
Records (PARS) component of NRC's Documents Access and Management 
System (ADAMS), accession numbers ML041190282 and ML041620397, 
respectively. ADAMS is accessible from the NRC Web site at: http://www.nrc.gov/reading-rm/adams.html.

    Dated at Rockville, Maryland, this 24th day of September, 2004.
    For the Nuclear Regulatory Commissinon.
Sandra Wastler,
Section Chief, Material Safety and Inspection Branch, Division of 
Industrial and Medical Nuclear Safety, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 04-22197 Filed 10-1-04; 8:45 am]
BILLING CODE 7590-01-M
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