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###### Nuclear Regulatory Commission

          - [Docket No. 030-33923] 

# AGENCY:

Nuclear Regulatory Commission. 

# ACTION:

Notice of availability.

# FOR FURTHER INFORMATION CONTACT:

                        Marjorie McLaughlin, Decommissioning Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406, telephone (610) 337-5240, fax (610) 337-5269; or by e-mail:                         *mmm3@nrc.gov.*

# SUPPLEMENTARY INFORMATION:

## I. Introduction 

The Nuclear Regulatory Commission (NRC) is terminating Materials License No. 37-30241-01 issued to ViroPharma, Incorporated and authorizing release of its facility in Exton, Pennsylvania 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 license will be terminated following the publication of this Notice. 

## II. EA Summary 

The purpose of the action is to authorize the release of the licensee's Exton, Pennsylvania facility for unrestricted use. ViroPharma, Incorporated was authorized by NRC from December 17, 1997, to use radioactive materials for research and development purposes at the site. On July 28, 2004, ViroPharma, Incorporated requested that NRC terminate the license and release the facility for unrestricted use. ViroPharma, Incorporated 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 use. 

The NRC staff has prepared an EA in support of the license termination. 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 ViroPharma, Incorporated. Based on its review, 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 request to terminate the license and release the facility for unrestricted use. The NRC staff has evaluated ViroPharma, Incorporated'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 this Notice are: The Environmental Assessment (ML043310216), and the letter dated July 28, 2004, requesting termination of the license (ML042230034). 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 be viewed electronically at the NRC Public Document Room (PDR), 0 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. The PDR is open from 7:45 a.m. to 4:15 p.m., Monday through Friday, except on Federal holidays. 

Dated at King of Prussia, Pennsylvania this 26th day of November, 2004. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. 

[FR Doc. 04-26607 Filed 12-2-04; 8:45 am] 

BILLING CODE 7590-01-P