62100 Federal Register / Vol. 69, No. 204 / Friday, October 22, 2004 / Notices 

35 days. The exemption would be 

limited to truck, combination truck/rail 

shipping and potential future 

combination barge/rail shipping 

methods. The exemption request is 

based on a statistical analysis of the 

historical data of low-level radioactive 

waste shipment times from the 

licensee’s site to the disposal site. 

3.0 Discussion 

The proposed action would grant an 

exemption to extend the 20-day 

investigation and reporting 

requirements for shipments of low-level 

radioactive waste to 35 days. Beginning 

in 2003, CYAPCO has made over 40 

shipments of low-level radioactive 

waste as part of the decommissioning 

efforts at the facility. MHF Logistical 

Solutions is the rail broker company 

used by CYAPCO to perform these 

shipments. MHF Logistical Solutions 

has a tracking system that monitors the 

progress of the shipments from their 

originating point at HNP to their final 

destination at Envirocare of Utah, Inc. 

The shipments are made by either truck 

or combination truck/rail and, according 

to CYAPCO, the transportation time 

alone takes over 21 days on average, 

with one shipment taking 25 days. 

In addition, administrative 

procedures at Envirocare and mail 

delivery can add up to 4 additional 

days. Based on historical data and 

estimates of the remaining waste at 

HNP, CYAPCO could have to perform 

over 400 investigations and reports to 

the NRC during the next 3 years if the 

20-day notification criteria is 

maintained. The licensee affirms that 

the low-level radioactive waste 

shipments will always be tracked 

throughout transportation until they 

arrive at their intended destination. 

CYAPCO believes that the need to 

investigate, trace, and report to the NRC 

on the shipment of low-level radioactive 

waste packages not reaching their 

destination within 20 days does not 

serve the underlying purpose of the rule 

and is not necessary. As a result, 

CYAPCO states that granting this 

exemption will not result in an undue 

hazard to life or property. 

Pursuant to 10 CFR 20.2301, the 

Commission may, upon application by a 

licensee or upon its own initiative, grant 

an exemption from the requirements of 

regulations in 10 CFR part 20 if it 

determines the exemption is authorized 

by law and would not result in undue 

hazard to life or property. There are no 

provisions in the Atomic Energy Act (or 

in any other Federal statute) that impose 

a requirement to investigate and report 

on low-level radioactive waste 

shipments that have not been 

acknowledged by the recipient within 

20 days of transfer. Therefore, the 

Commission concludes that there is no 

statutory prohibition on the issuance of 

the requested exemption and the 

Commission is authorized to grant the 

exemption by law. 

The Commission acknowledges that 

based on the statistical analysis of lowlevel radioactive waste shipments from 

the HNP site, the need to investigate and 

report on shipments that take longer 

than 20 days could result in an 

excessive administrative burden on the 

licensee. The Commission asserts that 

the underlying purpose of the rule is to 

investigate a late shipment that may be 

lost, misdirected, or diverted. Because 

of the oversight and monitoring of 

radioactive waste shipments throughout 

the entire journey from HNP to the 

disposal site, it is unlikely that a 

shipment could be lost, misdirected, or 

diverted without the knowledge of the 

carrier or CYAPCO. Furthermore, by 

extending the elapsed time for receipt 

acknowledgment to 35 days before 

requiring investigations and reporting, a 

reasonable upper limit on shipment 

duration (based on historical analysis) is 

still maintained if a breakdown of 

normal tracking systems were to occur. 

Consequently, the Commission finds 

that there is no hazard to life or property 

by extending the investigation and 

reporting time for low-level radioactive 

waste shipments from 20 days to 35 

days for truck, combination truck/rail, 

or potential future combination barge/

rail shipments. Therefore, the 

Commission concludes that the 

underlying purpose of 10 CFR part 20, 

Appendix G, Section III.E will be met. 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

20.2301, the exemption requested by 

CYAPCO in its January 26, 2004, letter 

is authorized by law and will not result 

in undue hazards to life or property. 

Therefore, the Commission hereby 

grants CYAPCO an exemption to extend 

the 20-day investigation and reporting 

requirements for shipments of low-level 

radioactive waste, as required by 10 CFR 

part 20, Appendix G, Section III.E, to 35 

days. 

Pursuant to 10 CFR 51.31, the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment as documented in 

Federal Register notice 69 FR 59971 

(October 6, 2004). 

This exemption is effective upon 

issuance.

Dated in Rockville, Maryland this 14th day 

of October, 2004.

For the Nuclear Regulatory Commission. 

Daniel M. Gillen, 

Deputy Director, Division of Waste 

Management and Environmental Protection, 

Office of Nuclear Material Safety and 

Safeguards.

[FR Doc. 04–23665 Filed 10–21–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards, Subcommittee Meeting on 

Planning and Procedures; Notice of 

Meeting 

The ACRS Subcommittee on Planning 

and Procedures will hold a meeting on 

November 3, 2004, Room T–2B1, 11545 

Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to 

public attendance, with the exception of 

a portion that may be closed pursuant 

to 5 U.S.C. 552b(c) (2) and (6) to discuss 

organizational and personnel matters 

that relate solely to the internal 

personnel rules and practices of the 

ACRS, and information the release of 

which would constitute a clearly 

unwarranted invasion of personal 

privacy. 

The agenda for the subject meeting 

shall be as follows: 

Wednesday, November 3, 2004—11:45 

a.m.—1 p.m.

The Subcommittee will discuss 

proposed ACRS activities and related 

matters. The Subcommittee will gather 

information, analyze relevant issues and 

facts, and formulate proposed positions 

and actions, as appropriate, for 

deliberation by the full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official, Mr. Sam Duraiswamy 

(telephone: 301–415–7364) between 

7:30 a.m. and 4:15 p.m. (ET) five days 

prior to the meeting, if possible, so that 

appropriate arrangements can be made. 

Electronic recordings will be permitted 

only during those portions of the 

meeting that are open to the public. 

Further information regarding this 

meeting can be obtained by contacting 

the Designated Federal Official between 

7:30 a.m. and 4:15 p.m. (ET). Persons 

planning to attend this meeting are 

urged to contact the above named 

individual at least two working days 

prior to the meeting to be advised of any 

potential changes in the agenda.

Dated: October 18, 2004. 

John H. Flack, 

Acting Branch Chief, ACRS/ACNW.

[FR Doc. 04–23663 Filed 10–21–04; 8:45 am] 

BILLING CODE 7590–01–P