Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Notices 65659

does not make restart practical. Hence, 

the decision to place either GDP in 

plant-wide shutdown condition would 

be made only after determining that 

there is inadequate safety, safeguards, or 

security and considering the total 

impact of the shutdown on safety, the 

environment, safeguards, and security. 

A NOED would not be used for 

noncompliances with other than 

certificate requirements, or for 

situations where the certificate holder 

cannot demonstrate adequate safety, 

safeguards, or security. 

The decision to exercise enforcement 

discretion does not change the fact that 

a violation will occur nor does it imply 

that enforcement discretion is being 

exercised for any violation that may 

have led to the violation at issue. In 

each case where the NRC staff has 

chosen to issue a NOED, enforcement 

action will normally be taken for the 

root causes, to the extent violations 

were involved, that led to the 

noncompliance for which enforcement 

discretion was used. The enforcement 

action is intended to emphasize that 

licensees and certificate holders should 

not rely on the NRC’s authority to 

exercise enforcement discretion as a 

routine substitute for compliance or for 

requesting a license or certificate 

amendment. 

Finally, it is expected that the NRC 

staff will exercise enforcement 

discretion in this area infrequently. 

Although a plant must shut down, 

refueling activities may be suspended, 

or plant startup may be delayed, absent 

the exercise of enforcement discretion, 

the NRC staff is under no obligation to 

take such a step merely because it has 

been requested. The decision to forego 

enforcement is discretionary. When 

enforcement discretion is to be 

exercised, it is to be exercised only if 

the NRC staff is clearly satisfied that the 

action is warranted from a health and 

safety perspective.

* * * * *

Dated at Rockville, MD, this 8th day of 

November, 2004.

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission.

[FR Doc. 04–25260 Filed 11–12–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–34325] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment for Release of Facility for 

Unrestricted Use for the Department of 

Veterans Affairs Chicago Health Care 

System Lakeside Campus—Medical 

Sciences Building, Chicago, IL

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Notice of availability.

FOR FURTHER INFORMATION CONTACT:

William Snell, Senior Health Physicist, 

Decommissioning Branch, Division of 

Nuclear Material Safety, Region III, U.S. 

Nuclear Regulatory Commission, 2443 

Warrenville Road, Lisle, Illinois 60532; 

telephone: (630) 829–9871; fax number: 

(630) 515–1259; e-mail: wgs@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is issuing a license amendment to 

Material License No. 03–23853–01VA 

issued to the Department of Veterans 

Affairs (DVA) (the licensee), to 

authorize release of its Chicago Health 

Care System, Lakeside Campus—

Medical Sciences Building in Chicago, 

Illinois for unrestricted use, and has 

prepared an Environmental Assessment 

(EA) in support of this amendment 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 proposed 

amendment is to allow for the release of 

the licensee’s Chicago, Illinois facility 

for unrestricted use. The DVA has 

occupied the Chicago Health Care 

System, Lakeside Campus—Medical 

Sciences Building since 1978, and 

during that period was authorized to use 

byproduct, source, and special nuclear 

material for medical diagnosis, therapy, 

and research. The Chicago, Illinois 

facility is a permittee under the DVA 

NRC Master Material License (MML) 

Number 03–23853–01VA, and on 

October 1, 2004, requested the NRC 

release the facility for unrestricted use. 

The approval is consistent with a March 

17, 2003, Letter of Understanding (LOU) 

between the NRC and DVA for DVA 

permittees. The LOU requires the DVA 

to submit for NRC review, permittee 

requests for the release of buildings for 

unrestricted use where radioactive 

materials with a half-life greater than 

120 days were used. The DVA identified 

four isotopes with half-lives greater than 

120 days that it used in the Medical 

Sciences Building: hydrogen-3, carbon14, sodium-22, and chlorine-36. The 

DVA has conducted surveys of the 

facility and provided information to the 

NRC to demonstrate that the site meets 

the licensee termination criteria in 

subpart E of 10 CFR part 20 for 

unrestricted release. 

The staff has prepared an EA in 

support of the proposed license 

amendment. Based on its review, the 

staff determined there were no 

radiological or non-radiological 

environmental impacts associated with 

the action since no radiological 

remediation activities were required to 

complete the proposed action. The staff 

has determined that the proposed action 

is administrative and/or procedural in 

nature and will not affect listed species 

or critical habitat. Likewise, NRC staff 

has determined that the proposed action 

is not the type of activity that has the 

potential to cause effects on historic 

properties because it is an 

administrative and/or procedural action.

III. Finding of No Significant Impact 

The staff has prepared an EA in 

support of the proposed license 

amendment to release the site for 

unrestricted use. The staff has found 

that the radiological environmental 

impacts from the proposed amendment 

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). The 

staff has also found that the nonradiological impacts are not significant. 

On the basis of the EA, NRC has 

concluded that there are no significant 

environmental impacts from the 

proposed amendment and has 

determined not to prepare an 

environmental impact statement. 

IV. Further Information 

Documents related to this action, 

including the application for 

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

65660 Federal Register / Vol. 69, No. 219 / Monday, November 15, 2004 / Notices 

and image files of NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this notice are: the DVA letter dated 

October 1, 2004 (Accession No. 

ML042920457); the Final Status Survey 

Report, VA Chicago—Lakeside Campus, 

Medical Sciences Building, September 

9, 2004 (Accession No. ML042920463); 

and the EA summarized above 

(Accession No. ML043010491). Please 

note that on October 25, 2004, the NRC 

terminated public access to ADAMS and 

initiated an additional security review 

of publicly available documents to 

ensure that potentially sensitive 

information is removed from the 

ADAMS database accessible through the 

NRC’s web site. Interested members of 

the public may obtain copies of the 

referenced documents for review and/or 

copying by contacting the Public 

Document Room pending resumption of 

public access to ADAMS. The NRC 

Public Documents Room is located at 

NRC Headquarters in Rockville, MD, 

and can be contacted at (800) 397–4209, 

(301) 415–4737 or by e-mail to 

pdr@nrc.gov. 

These documents may also be viewed 

electronically on the public computers 

located at the NRC’s 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 in Lisle, Illinois, this 4th day of 

November 2004.

For the Nuclear Regulatory Commission, 

Kenneth G. O’Brien, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region III.

[FR Doc. 04–25258 Filed 11–12–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Nuclear 

Waste; Notice of Meeting 

The Advisory Committee on Nuclear 

Waste (ACNW) will hold its 155th 

meeting on November 16–18, 2004, 

Room T–2B3, 11545 Rockville Pike, 

Rockville, Maryland. 

The schedule for this meeting is as 

follows: 

Tuesday, November 16, 2004 

10:30 a.m.–10:40 a.m.: Opening 

Statement (Open)—The ACNW 

Chairman will open the meeting with 

brief opening remarks. 

10:40 a.m.–11:40 a.m.: NMSS Division 

Directors’ Semi-Annual Briefing

(Open)—The Committee will be 

briefed by the Director, Division of 

High Level Waste Repository Safety 

and the Director, Division of Waste 

Management and Environmental 

Protection on recent activities of 

interest. 

11:40 a.m.–12:40 p.m.: International 

Transportation Meetings (Open)—The 

Director, SFPO will report on recent 

international transportation-related 

meetings/activities of interest. 

2 p.m.–3 p.m.: Format and Content of 

the U.S. Department of Energy Yucca 

Mountain License Application

(Open)—The Committee will be 

briefed by a DOE representative on 

the general DOE format and content of 

the forthcoming DOE license 

application. 

3:15 p.m.–5:15 p.m.: ACNW 2005 Action 

Plan (Open)—The ACNW Committee 

will continue its discussion of 

potential topics for inclusion in its 

draft 2005 Action Plan. 

Wednesday, November 17, 2004 

8:30 a.m.–8:35 a.m.: Opening Statement

(Open)—The ACNW Chairman will 

make opening remarks regarding the 

conduct of today’s sessions. 

8:35 a.m.–10 a.m.: Working Group 

Planning Session (Open)—The 

Committee Members will discuss 

potential future activities including 

proposed 2005 working group 

meetings. 

10 a.m.–12 Noon: Preparation of ACNW 

Reports (Open)—The Committee will 

discuss potential ACNW reports on 

matters discussed during this 

meeting. It may also discuss possible 

reports on matters discussed during 

prior meetings. 

Thursday, November 18, 2004 

8:30 a.m.–8:35 a.m.: Opening Remarks 

by the ACNW Chairman (Open)—The 

Chairman will make opening remarks 

regarding the conduct of today’s 

sessions. 

8:35 a.m.–12 Noon: Miscellaneous

(Open)—The Committee will discuss 

matters related to the conduct of 

Committee activities and matters and 

specific issues that were not 

completed during previous meetings, 

as time and availability of information 

permit.

Procedures for the conduct of and 

participation in ACNW meetings were 

published in the Federal Register on 

October 18, 2004 (69 FR 61416). In 

accordance with these procedures, oral 

or written statements may be presented 

by members of the public. Electronic 

recordings will be permitted only 

during those portions of the meeting 

that are open to the public. Persons 

desiring to make oral statements should 

notify Mr. Howard J. Larson, (Telephone 

(301) 415–6805), between 7:30 a.m. and 

4:00 p.m. e.t., as far in advance as 

practicable so that appropriate 

arrangements can be made to schedule 

the necessary time during the meeting 

for such statements. Use of still, motion 

picture, and television cameras during 

this meeting will be limited to selected 

portions of the meeting as determined 

by the ACNW Chairman. Information 

regarding the time to be set aside for 

taking pictures may be obtained by 

contacting the ACNW office prior to the 

meeting. In view of the possibility that 

the schedule for ACNW meetings may 

be adjusted by the Chairman as 

necessary to facilitate the conduct of the 

meeting, persons planning to attend 

should notify Mr. Howard J. Larson as 

to their particular needs. 

Further information regarding topics 

to be discussed, whether the meeting 

has been canceled or rescheduled, the 

Chairman’s ruling on requests for the 

opportunity to present oral statements 

and the time allotted, therefore can be 

obtained by contacting Mr. Howard J. 

Larson. 

ACNW meeting agenda, meeting 

transcripts, and letter reports are 

available through the NRC Public 

Document Room at pdr@nrc.gov, or by 

calling the PDR at 1–800–397–4209, 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/doc-collections/ (ACRS & 

ACNW Mtg schedules/agendas). 

Video Teleconferencing service is 

available for observing open sessions of 

ACNW meetings. Those wishing to use 

this service for observing ACNW 

meetings should contact Mr. Theron 

Brown, ACNW Audiovisual Technician 

(301) 415–8066), between 7:30 a.m. and 

3:45 p.m. e.t., 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.

Dated: November 8, 2004. 

Andrew L. Bates, 

Advisory Committee Management Officer.

[FR Doc. 04–25259 Filed 11–12–04; 8:45 am] 

BILLING CODE 7590–01–P