61416 Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 

V. Pending Energy Legislation 

The Energy Policy Act of 2003, H.R. 

6, is currently pending in Congress. H.R. 

6, as currently constituted, contains 

provisions that address the manner in 

which certain issues are to be dealt with 

and a schedule for overall Commission 

consideration of an application for 

licensing an uranium enrichment 

facility. In the event that H.R. 6 is 

enacted, the Commission may need to 

issue an additional order to conform 

guidance and schedules for the USEC 

application to any new statutory 

requirements. 

VI. Notice of Intent Regarding 

Classified Information 

As noted above, a hearing on this 

application will be governed by 10 CFR 

part 2, subparts A, C, G, and to the 

extent classified material becomes 

involved, subpart I. Subpart I requires in 

accordance with 10 CFR 2.907 that the 

NRC staff file a notice of intent if, at the 

time of publication of Notice of Hearing, 

it appears that it will be impracticable 

for the staff to avoid the introduction of 

Restricted Data or National Security 

Information into a proceeding. The 

applicant has submitted portions of its 

application that are classified. The 

Commission notes that, since the entire 

application becomes part of the record 

of the proceeding, the NRC staff has 

found it impracticable for it to avoid the 

introduction of Restricted Data of 

National Security Information into the 

proceeding. 

It is so ordered.

Dated at Rockville, Maryland, this 7th day 

of October, 2004.

For the Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission.

[FR Doc. 04–23238 Filed 10–15–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Nuclear 

Waste; Procedures for Meetings 

Background 

This notice describes procedures to be 

followed with respect to meetings 

conducted pursuant to the Federal 

Advisory Committee Act by the Nuclear 

Regulatory Commission’s (NRC’s) 

Advisory Committee on Nuclear Waste 

(ACNW). These procedures are set forth 

so that they may be incorporated by 

reference in future notices for 

individual meetings. 

The ACNW advises the NRC on 

technical issues related to nuclear 

materials and waste management. The 

bases of ACNW reviews include 10 CFR 

parts 20, 60, 61, 63, 70, 71, and 72 and 

other applicable regulations and 

legislative mandates, such as the 

Nuclear Waste Policy Act as amended, 

the Low-Level Radioactive Waste Policy 

Act and amendments, and the Uranium 

Mill Tailings Radiation Control Act, as 

amended. The Committee’s reports 

become a part of the public record. 

The ACNW meetings are normally 

open to the public and provide 

opportunities for oral or written 

statements from members of the public 

to be considered as part of the 

Committee’s information gathering 

process. The meetings are not 

adjudicatory hearings such as those 

conducted by the NRC’s Atomic Safety 

and Licensing Board Panel as part of the 

Commission’s licensing process. ACNW 

meetings are conducted in accordance 

with the Federal Advisory Committee 

Act. 

General Rules Regarding ACNW Full 

Committee Meetings 

An agenda will be published in the 

Federal Register for each full 

Committee meeting and is available on 

the Internet at http://www.nrc.gov/

reading-rm/doc-collections/ (ACRS & 

ACNW Mtg schedules/agendas). There 

may be a need to make changes to the 

agenda to facilitate the conduct of the 

meeting. The Chairman of the 

Committee is empowered to conduct the 

meeting in a manner that, in his/her 

judgment, will facilitate the orderly 

conduct of business, including making 

provisions to continue the discussion of 

matters not completed on the scheduled 

day during another meeting. Persons 

planning to attend a meeting may 

contact the Designated Federal Official 

(DFO) specified in the individual 

Federal Register Notice prior to the 

meeting to be advised of any changes to 

the agenda that may have occurred. 

The following requirements shall 

apply to public participation in ACNW 

meetings: 

(a) Persons who plan to make oral 

statements and/or submit written 

comments at the meeting should 

provide 35 copies to the DFO at the 

beginning of the meeting. Persons who 

cannot attend the meeting but wishing 

to submit written comments regarding 

the agenda items may do so by sending 

a readily reproducible copy addressed 

to the DFO specified in the Federal 

Register Notice for the individual 

meeting in care of the Advisory 

Committee on Nuclear Waste, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Comments should be in the possession 

of the DFO five days prior to the 

meeting to allow time for reproduction 

and distribution. Comments should be 

limited to topics being considered by 

the Committee. 

(b) Persons desiring to make oral 

statements at the meeting should make 

a request to do so to the DFO. If 

possible, the request should be made 

five days before the meeting, identifying 

the topics to be discussed and the 

amount of time needed for presentation 

so that orderly arrangements can be 

made. The Committee will hear oral 

statements on topics being reviewed at 

an appropriate time during the meeting 

as scheduled by the Chairman. 

(c) Information regarding topics to be 

discussed, changes to the agenda, 

whether the meeting has been canceled 

or rescheduled, and the time allotted to 

present oral statements can be obtained 

by contacting the DFO specified in the 

individual Federal Register Notice. 

(d) The use of still, motion picture, 

and television cameras will be 

permitted at the discretion of the 

Chairman and subject to the condition 

that the use of such equipment will not 

interfere with the conduct of the 

meeting. The DFO will have to be 

notified prior to the meeting and will 

authorize the use of such equipment 

after consultation with the Chairman. 

The use of such equipment will be 

restricted as is necessary to protect 

proprietary or privileged information 

that may be in documents, folders, etc., 

in the meeting room. Electronic 

recordings will be permitted only 

during those portions of the meeting 

that are open to the public. 

(e) A transcript will be kept for certain 

open portions of the meeting and will be 

available in the NRC Public Document 

Room (PDR), One White Flint North, 

Room O–1F21, 11555 Rockville Pike, 

Rockville, MD 20852–2738. A copy of 

the certified minutes of the meeting will 

be available at the same location three 

months following the meeting. Copies 

may be obtained upon payment of 

appropriate reproduction charges. 

ACNW meeting agenda, transcripts, and 

letter reports are available through the 

NRC Public Document Room at 

pdr@nrc.gov, by calling the PDR at 1–

800–394–4209, or from the Publicly 

Available Records System (PARS) 

component of NRC’s document system 

(ADAMS) which is accessible from the 

NRC Web site at http://www.nrc.gov/

reading-rm/adams.html or http://

www.nrc.gov/reading-rm/doccollections/ (ACRS & ACNW Mtg 

schedules/agendas). 

(f) Video teleconferencing service is 

available for observing open sessions of 

some ACNW meetings. Those wishing 

Federal Register / Vol. 69, No. 200 / Monday, October 18, 2004 / Notices 61417

to use this service for observing ACNW 

meetings should contact Mr. Theron 

Brown, ACNW Audio Visual 

Technician, (301–415–8066) between 

7:30 a.m. and 3:45 p.m. Eastern Time at 

least 10 days before the meeting to 

ensure the availability of this service. 

Individuals or organizations requesting 

this service will be responsible for 

telephone line charges and for providing 

the equipment and facilities that they 

use to establish the video 

teleconferencing link. The availability of 

video teleconferencing services is not 

guaranteed. 

ACNW Working Group Meetings 

From time to time the ACNW may 

sponsor an in-depth meeting on a 

specific technical issue to understand 

staff expectations and review work in 

progress. Such meetings are called 

Working Group meetings. These 

Working Group meetings will also be 

conducted in accordance with the 

procedures noted above for the ACNW 

full Committee meetings, as appropriate. 

When Working Group meetings are held 

at locations other than at NRC facilities, 

reproduction facilities may not be 

available at a reasonable cost. 

Accordingly, 25 additional copies (total 

of 50 copies) of the materials to be used 

during the meeting should be provided 

for distribution at such meetings. 

Special Provisions When Proprietary 

Sessions are to be Held 

If it is necessary to hold closed 

sessions for the purpose of discussing 

matters involving proprietary 

information, persons with agreements 

permitting access to such information 

may attend those portions of the ACNW 

meetings where this material is being 

discussed upon confirmation that such 

agreements are effective and related to 

the material being discussed. 

The DFO should be informed of such 

an agreement at least five working days 

prior to the meeting so that it can be 

confirmed, and a determination can be 

made regarding the applicability of the 

agreement to the material that will be 

discussed during the meeting. The 

minimum information provided should 

include information regarding the date 

of the agreement, the scope of material 

included in the agreement, the project 

or projects involved, and the names and 

titles of the persons signing the 

agreement. Additional information may 

be requested to identify the specific 

agreement involved. A copy of the 

executed agreement should be provided 

to the DFO prior to the beginning of the 

meeting for admittance to the closed 

session.

Dated: October 12, 2004. 

Andrew L. Bates, 

Advisory Committee Management Officer.

[FR Doc. 04–23236 Filed 10–15–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–31898] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment for Shaw Environmental, 

Inc.’s Facility in Lawrenceville, New 

Jersey

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Notice of availability.

FOR FURTHER INFORMATION CONTACT:

Jenny M. Johansen, Nuclear Materials 

Safety Branch 2, Division of Nuclear 

Materials Safety, Region I, 475 

Allendale Road, King of Prussia, 

Pennsylvania 19406, telephone (610) 

337–5071, fax (610) 337–5269; or by email: jmj@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is issuing a license amendment to 

Shaw Environmental, Inc. for Materials 

License No. 29–28575–01, to authorize 

release of its facility in Lawrenceville, 

New Jersey for unrestricted use. NRC 

has prepared an Environmental 

Assessment (EA) in support of this 

action in accordance with the 

requirements of 10 CFR part 51. Based 

on the EA, the NRC has concluded that 

a Finding of No Significant Impact 

(FONSI) is appropriate. The amendment 

will be issued following the publication 

of this Notice. 

II. EA Summary 

The purpose of the action is to 

authorize the release of the licensee’s 

Lawrenceville, New Jersey facility for 

unrestricted use. Shaw Environmental, 

Inc. (Shaw) was authorized by NRC 

from August 14, 2003 to use radioactive 

materials for research and development 

purposes at the site. Shaw assumed 

responsibility for License 29–28575–01 

from Envirogen, Inc., who was 

authorized by the NRC from January 29, 

1991 to use radioactive materials for 

research and development purposes at 

the site until its assets were acquired 

and the license transferred to Shaw on 

August 14, 2003, by Amendment No. 8 

of the license. On July 12, 2004, Shaw 

requested that NRC release the facility 

for unrestricted use. Shaw has 

conducted surveys of the facility and 

provided information to the NRC to 

demonstrate that the site meets the 

license termination criteria in subpart E 

of 10 CFR part 20 for unrestricted 

release. Shaw will continue licensed 

activities at another location, as 

authorized by the license. 

The NRC staff has prepared an EA in 

support of the license amendment. The 

facility was remediated and surveyed 

prior to the licensee requesting the 

license amendment. The NRC staff has 

reviewed the information and final 

status survey submitted by Shaw. Based 

on the its reviews, the staff has 

determined that there are no additional 

remediation activities necessary to 

complete the proposed action. 

Therefore, the staff considered the 

impact of the residual radioactivity at 

the facility and concluded that since the 

residual radioactivity meets the 

requirements in subpart E of 10 CFR 

part 20, a Finding of No Significant 

Impact is appropriate. 

III. Finding of No Significant Impact 

The staff has prepared the EA 

(summarized above) in support of the 

license amendment to release the 

facility for unrestricted use. The NRC 

staff has evaluated Shaw 

Environmental, Inc.’’s request and the 

results of the surveys and has concluded 

that the completed action complies with 

the criteria in subpart E of 10 CFR part 

20. The staff has found that the 

environmental impacts from the action 

are bounded by the impacts evaluated 

by NUREG–1496, Volumes 1–3, 

‘‘Generic Environmental Impact 

Statement in Support of Rulemaking on 

Radiological Criteria for License 

Termination of NRC-Licensed 

Facilities’’ (ML042310492, 

ML042320379, and ML042330385). On 

the basis of the EA, the NRC has 

concluded that the environmental 

impacts from the action are expected to 

be insignificant and has determined not 

to prepare an environmental impact 

statement for the action. 

IV. Further Information 

Documents related to this action, 

including the application for the license 

amendment and supporting 

documentation, are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/

reading-rm/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