41944 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE

UNCLASSIFIED NON-SAFEGUARDS INFORMATION (SUNSI) IN THIS PROCEEDING—Continued 

Day Event 

25 .................................................... If NRC staff finds no ‘‘need’’ for SUNSI or likelihood of standing, the deadline for petitioner/requester to file 

a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion 

seeking a ruling to reverse the NRC staff’s grant of access. 

30 .................................................... Deadline for NRC staff reply to motions to reverse NRC staff determination(s). 

40 .................................................... (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI. 

A ...................................................... If access granted: Issuance of presiding officer or other designated officer decision on motion for protective 

order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff. 

A+3 .................................................. Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision 

issuing the protective order. 

A+28 ................................................ Deadline for submission of contentions whose development depends upon access to SUNSI. However, if 

more than 25 days remain between the petitioner’s receipt of (or access to) the information and the 

deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline. 

A+53 (Contention receipt +25) ....... Answers to contentions whose development depends upon access to SUNSI. 

A+60 (Answer receipt +7) ............... Petitioner/Intervenor reply to answers. 

B ...................................................... Decision on contention admission. 

[FR Doc. E9–19845 Filed 8–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0213; Docket No. 040–06394] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Source Materials 

License No. SMB–141, for Unrestricted 

Release of a Portion of the Department 

of the Army, U.S. Army Research, 

Development and Engineering 

Command, Army Research Laboratory 

Facility at the Aberdeen Proving 

Ground in Maryland 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Betsy Ullrich, Senior Health Physicist, 

Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I, 

475 Allendale Road, King of Prussia, 

Pennsylvania 19406; telephone (610) 

337–5040; fax number (610) 337–5269; 

or by e-mail: Elizabeth.Ullrich@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license amendment to 

Source Materials License No. SMB–141. 

This license is held by the Department 

of the Army, U.S. Army Research, 

Development And Engineering 

Command (ARDEC), Army Research 

Laboratory (ARL) (the Licensee), for its 

U.S. Army Research Laboratory (the 

Facility), located at the Aberdeen 

Proving Ground, Maryland. Issuance of 

the amendment would authorize release 

of the R–14 Range for unrestricted use. 

The Licensee requested this action in a 

letter dated May 11, 2009. The NRC has 

prepared an Environmental Assessment 

(EA) in support of this proposed action 

in accordance with the requirements of 

Title 10, Code of Federal Regulations 

(CFR); Part 51 (10 CFR Part 51). Based 

on the EA, the NRC has concluded that 

a Finding of No Significant Impact 

(FONSI) is appropriate with respect to 

the proposed action. The amendment 

will be issued to the Licensee following 

the publication of this FONSI and EA in 

the Federal Register. 

II. Environmental Assessment 

Identification of Proposed Action 

The proposed action would approve 

the Licensee’s May 11, 2009, license 

amendment request, resulting in release 

of the R–14 Range for unrestricted use. 

License No. SMB–141 was issued on 

April 12, 1961, pursuant to 10 CFR Part 

40, and has been amended periodically 

since that time. This license authorized 

the Licensee to use uranium and 

thorium for purposes of conducting 

research and development activities; 

fabrication, modification, and testing of 

components, parts, and/or devices; and 

munitions testing. 

The R–14 Range is situated on 

Spesutie Island within the Aberdeen 

Proving Ground and consists of 

structures used for munitions testing, 

support buildings for administrative 

activities, storage, and other support 

services. The R–14 Range is located in 

an area which is primarily undeveloped 

forest and wetlands. The R–14 Range 

occupies an area of about 5.28 acres, of 

which 0.2 acres is occupied by three 

remaining buildings. Within the R–14 

Range, use of licensed materials was 

confined to R–14 Blast Chamber, Firing 

Tube, Air Handling System, Hot Line 

Building and Water Treatment Shed and 

areas of the Laydown Yard, Firing Line 

and the Grassy Field south of the Blast 

Chamber. 

On November 6, 2007, the Licensee 

ceased licensed activities at the R–14 

Range and initiated a survey and 

decontamination of the R–14 Range. 

Based on the Licensee’s historical 

knowledge of the site and the conditions 

of the R–14 Range, the Licensee 

determined that only routine 

decontamination activities, in 

accordance with their NRC-approved, 

operating radiation safety procedures, 

were required. The Licensee was not 

required to submit a decommissioning 

plan to the NRC because worker cleanup 

activities and procedures are consistent 

with those approved for routine 

operations. The Licensee conducted 

surveys of the R–14 Range and provided 

information to the NRC to demonstrate 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 41945 

that it meets the criteria in Subpart E of 

10 CFR Part 20 for unrestricted release. 

Need for the Proposed Action 

The Licensee has ceased conducting 

licensed activities at the R–14 Range 

and seeks the unrestricted use of the R– 

14 Range. 

Environmental Impacts of the Proposed 

Action 

The historical review of licensed 

activities conducted at the R–14 Range 

shows that such activities involved use 

of the following radionuclides with halflives greater than 120 days: uranium234, uranium-235, and uranium-238. 

Prior to performing the final status 

survey, the Licensee conducted 

decontamination activities, as 

necessary, in the areas of the R–14 

Range affected by these radionuclides. 

The Licensee conducted a final status 

survey during the period of May 7 

through September 25, 2008. This 

survey covered all of the R–14 Range 

affected land areas (Laydown Yard, 

Firing Line, and the Grassy Field) and 

structures (R–14 Blast Chamber, Firing 

Tube, Air Handling System, Hot Line 

Building, and Water Treatment Shed). 

The final status survey report was 

attached to the Licensee’s amendment 

request dated May 11, 2009. The 

Licensee elected to demonstrate 

compliance with the radiological 

criteria for unrestricted release of 

buildings as specified in 10 CFR 

20.1402 by using the screening 

approach described in NUREG–1757, 

‘‘Consolidated NMSS Decommissioning 

Guidance,’’ Volume 2. The Licensee 

used the radionuclide-specific derived 

concentration guideline levels (DCGLs), 

developed there by the NRC, which 

comply with the dose criterion in 10 

CFR 20.1402. These DCGLs define the 

maximum amount of residual 

radioactivity on building surfaces, 

equipment, and materials that will 

satisfy the NRC requirements in Subpart 

E of 10 CFR Part 20 for unrestricted 

release. The Licensee’s final status 

survey results were below these DCGLs 

and are in compliance with the As Low 

As Reasonably Achievable (ALARA) 

requirement of 10 CFR 20.1402. The 

NRC thus finds that the Licensee’s final 

status survey results of buildings are 

acceptable. 

The Licensee elected to demonstrate 

compliance with the radiological 

criteria for unrestricted release of soils 

as specified in 10 CFR 20.1402 by 

developing derived concentration 

guideline levels (DCGLs) for its R–14 

Range. The Licensee conducted sitespecific dose modeling using input 

parameters specific to the R–14 Range 

soils. The licensee used the relative 

fractions of uranium progeny fractions 

and the thickness of the contaminated 

zone at the R–14 Range, along with 

RESRAD default parameters and 

conservative input parameters from 

NRC and Environmental Protection 

Agency (EPA) guidance documents. The 

Licensee thus determined the maximum 

amount of residual radioactivity in soils 

that will satisfy the NRC requirements 

in Subpart E of 10 CFR Part 20 for 

unrestricted release. The NRC 

previously reviewed the Licensee’s 

methodology and proposed DCGLs and 

concluded that the proposed DCGLs are 

acceptable for use as release criteria at 

the R–14 Range. The NRC’s approval of 

the Licensee’s proposed DCGLs was 

published in the Federal Register on 

April 9, 2008 (73 FR 19263). The 

Licensee’s final status survey results of 

soils were below these DCGLs, and are 

thus acceptable. 

Based on its review, the staff has 

determined that the affected 

environment and any environmental 

impacts associated with the proposed 

action are bounded by the impacts 

evaluated by the ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of 

NRC–Licensed Nuclear Facilities’’ 

(NUREG–1496) Volumes 1–3 

(ML042310492, ML042320379, and 

ML042330385). The staff finds there 

were no significant environmental 

impacts from the use of radioactive 

material at the R–14 Range. The NRC 

staff reviewed the docket file records 

and the final status survey report to 

identify any non-radiological hazards 

that may have impacted the 

environment surrounding the R–14 

Range. No such hazards or impacts to 

the environment were identified. The 

NRC has identified no other radiological 

or non-radiological activities in the area 

that could result in cumulative 

environmental impacts. 

The NRC staff finds that the proposed 

release of the R–14 Range described 

above for unrestricted use is in 

compliance with 10 CFR 20.1402. 

Although the Licensee will continue to 

perform licensed activities at other parts 

of the Facility, the Licensee must ensure 

that this decommissioned area does not 

become recontaminated. In connection 

with the eventual termination of License 

No. SMB–151, the Licensee will be 

required to show that all licensed areas 

and previously-released areas comply 

with the radiological criteria in 10 CFR 

20.1402. Based on its review, the staff 

considered the impact of the residual 

radioactivity at the R–14 Range and 

concluded that the proposed action will 

not have a significant effect on the 

quality of the human environment. 

Environmental Impacts of the 

Alternatives to the Proposed Action 

Due to the largely administrative 

nature of the proposed action, its 

environmental impacts are small. 

Therefore, the only alternative the staff 

considered is the no-action alternative, 

under which the staff would leave 

things as they are by simply denying the 

amendment request. This no-action 

alternative is not feasible because it 

conflicts with 10 CFR 40.42(d), 

requiring that decommissioning of 

separate buildings or outdoor areas at 

source material facilities be completed 

and approved by the NRC after licensed 

activities there cease. The NRC’s 

analysis of the Licensee’s final status 

survey data confirmed that the R–14 

Range meets the requirements of 10 CFR 

20.1402 for unrestricted release. 

Additionally, denying the amendment 

request would result in no change in 

current environmental impacts. The 

environmental impacts of the proposed 

action and the no-action alternative are 

therefore similar, and the no-action 

alternative is accordingly not further 

considered. 

Conclusion 

The NRC staff has concluded that the 

proposed action is consistent with the 

NRC’s unrestricted release criteria 

specified in 10 CFR 20.1402. Because 

the proposed action will not 

significantly impact the quality of the 

human environment, the NRC staff 

concludes that the proposed action is 

the preferred alternative. 

Agencies and Persons Consulted 

NRC provided a draft of this 

Environmental Assessment to the 

Maryland Department of the 

Environment, Air and Radiation 

Management Administration and 

Hazardous Waste Administration (MDE) 

for review on June 15, 2009. On June 23, 

2009, MDE responded by e-mail. The 

State agreed with the conclusions of the 

EA, and otherwise had no comments. 

The NRC staff has determined that the 

proposed action is of a procedural 

nature, and will not affect listed species 

or critical habitat. Therefore, no further 

consultation is required under Section 7 

of the Endangered Species Act. The 

NRC staff has also determined that the 

proposed action is not the type of 

activity that has the potential to cause 

effects on historic properties. Therefore, 

no further consultation is required 

under Section 106 of the National 

Historic Preservation Act. 


jlentini on DSKJ8SOYB1PROD with NOTICES
41946 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Notices 

III. Finding of No Significant Impact 

The NRC staff has prepared this EA in 

support of the proposed action. On the 

basis of this EA, the NRC finds that 

there are no significant environmental 

impacts from the proposed action, and 

that preparation of an environmental 

impact statement is not warranted. 

Accordingly, the NRC has determined 

that a Finding of No Significant Impact 

is appropriate. 

IV. Further Information 

Documents related to this action, 

including the application for 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 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents related to 

this action are listed below, along with 

their ADAMS accession numbers. 

1. Letter dated May 11, 2009 

[ML091340490] and the enclosure 

‘‘Draft Final, Final Status Survey Report, 

R–14 Range’’ April 2009 [ML091340611, 

ML091340637, ML092100380, 

ML091340648, ML091350126, 

ML091350204, ML091350218, 

ML091350225, ML091350237, 

ML091350250, ML091350255, 

ML091350234]; 

2. NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance’’; 

3. Title 10 Code of Federal 

Regulations; Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination’’; 

4. Title 10, Code of Federal 

Regulations; Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions’’; and 

5. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of 

NRC–Licensed Nuclear Facilities.’’ 

If you do not have access to ADAMS, 

or if there are problems in accessing the 

documents located in ADAMS, contact 

the NRC Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 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 at Region I this 10th day of August 

2009. 

For the Nuclear Regulatory Commission. 

James Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–19849 Filed 8–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0339] 

NUREG–1520, ‘‘Standard Review Plan 

for the Review of a License Application 

for a Fuel Cycle Facility, Draft for 

Public Comment—Revision 1,’’ 

Extension of Comment Period 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Extension of comment period. 

SUMMARY: On August 5, 2009 (74 FR 

39117), the NRC published a notice of 

availability and request for public 

comment on NUREG–1520. The 

comment period originally closed on 

September 21, 2009. This document 

extends the comment period to October 

24, 2009. Also, the revision number 

(NUREG–1520 Revision 2) in the 

original notice was incorrect, therefore 

the revision number was changed to 

read, ‘‘NUREG–1520 Revision 1.’’ 

DATES: The comments period has been 

extended to October 24, 2009. 

Comments received after that date will 

be considered to the extent practicable. 

To ensure efficient and complete 

comment resolution, comments should 

include references to the section, page, 

and line numbers of the document to 

which the comment applies, if possible. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include Docket ID NRC–2009– 

0339 in the subject line of your 

comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

Regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2009–0339. Address questions 

about NRC dockets to Carol Gallagher, 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch (RDB), Division of 

Administrative Services, Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, or by fax to RDB at (301) 492– 

3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied, for a fee, publicly available 

documents at the NRC’s PDR, Public 

File Area O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

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

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. The Standard 

Review Plan (NUREG–1520) is available 

electronically under ADAMS Accession 

Number ML091470567. 

NRC Public Web site: The full 

manuscript of NUREG–1520, Revision 

1—Draft Report, can be found at 

http://www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr1520/r1/ 

index.html. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this notice can be found at 

http://www.regulations.gov by searching 

on Docket ID: NRC–2009–0339. 

FOR FURTHER INFORMATION CONTACT: 

Cinthya Roma ́n Cuevas, Chemical 

Engineer, Office of Nuclear Material 

Safety and Safeguards, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001 by telephone at 301– 

492–3224 or e-mail at 

cinthya.roman@nrc.gov. 

SUPPLEMENTARY INFORMATION: The 

standard review plan (SRP) for the 

review of a license application for a fuel 

cycle facility (NUREG–1520) provides 


jlentini on DSKJ8SOYB1PROD with NOTICES