Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 965 

Dated: January 6, 2009. 

Suzanne H. Plimpton, 

Reports Clearance Officer, National Science 

Foundation. 

[FR Doc. E9–196 Filed 1–8–09; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

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[Docket No. 03003754] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 06–00217–06, for 

Amendment of the License and 

Unrestricted Release of a Portion of 

the ABB, Inc. Facility in Windsor, CT 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: Jim 

Schmidt, Health Physicist, 

Decommissioning Branch, Division of 

Nuclear Materials Safety, Region I, 475 

Allendale Drive, King of Prussia, 

Pennsylvania 19406–1415; telephone 

(610)–337–5276; fax number (610)–337– 

5269; or by e-mail: jim.schmidt@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license amendment to 

Byproduct License No. 06–00217–06. 

This license is held by ABB, Inc. (the 

Licensee), for its CE Windsor Site (the 

Facility), located at 2000 Day Hill Road 

in Windsor, Connecticut. Issuance of the 

amendment would authorize a partial 

site release of 365 contiguous acres of 

the 612 acre facility for unrestricted use. 

The Licensee requested this action in a 

letter dated December 27, 2007. The 

NRC has prepared an Environmental 

Assessment 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 

Environmental Assessment, the NRC 

has concluded that a Finding of No 

Significant Impact is appropriate with 

respect to the proposed action. The 

amendment will be issued to the 

Licensee following the publication of 

this Finding of No Significant Impact 

and Environmental Assessment in the 

Federal Register. 

II. Environmental Assessment 

Identification of Proposed Action 

The proposed action would approve 

the Licensee’s December 27, 2007, 

license amendment request, resulting in 

the partial site release of 365 contiguous 

acres of the Windsor, Connecticut 

facility for unrestricted use. Historical 

NRC-licensed activities previously 

conducted at the Facility included 

research, development, and commercial 

fuel fabrication and component repair. 

Additionally, the Facility was also used 

to fabricate naval fuel for the United 

States Government. License No. 06– 

00217–06 was issued in the 1960’s 

pursuant to 10 CFR Part 30 and has been 

amended periodically since that time. 

The license currently authorizes the 

Licensee to possess and use unsealed 

byproduct material, and limited 

amounts of source and special nuclear 

material, solely for purpose of 

conducting decommissioning activities 

at the Facility. 

The Facility is situated on 612 acres 

of which about a third is developed 

with buildings containing office space, 

fabrication shops, and laboratories. The 

balance of the Facility is comprised of 

undeveloped wooded land. The Facility 

is located in an industrial zone with 

nearby property that includes 

commercial, agricultural, industrial, and 

residential areas. Within the Facility, 

NRC-licensed material was confined to 

numerous laboratories and fabrication 

buildings associated with commercial 

nuclear activities. All of these buildings 

have been removed and the impacted 

areas remediated. Those areas of the 

facility that were involved with the 

United States Government fuel 

fabrication have been designated as 

Formally Utilized Sites Remedial Action 

Program areas and have not yet been 

remediated. The Formally Utilized Sites 

Remedial Action Program areas within 

the Facility include two buildings 

having a total footprint of about 50,000 

ft2 along with other undeveloped areas 

having a total footprint of about 15 

acres. Also located within the Facility 

boundary is a 10.6 acre plot of land 

previously used as a United States Navy 

training site which was owned by the 

United States Government and was 

previously remediated by the United 

States Department of Energy. 

On September 13, 2007, the Licensee 

completed the licensed 

decommissioning activities for the nonFormally Utilized Sites Remedial Action 

Program areas of the Facility and 

requested that all of these areas be 

removed from control of NRC License 

No. 06–00217–06. These activities were 

conducted in accordance with a 

decommissioning plan that was 

approved for use as part of Amendment 

54 to License No. 06–00217–06. The 

Licensee conducted final status surveys 

of these areas of the Facility and 

provided information to the NRC to 

demonstrate that it meets the criteria in 

Subpart E to 10 CFR Part 20 for 

unrestricted release. On December 27, 

2007, the Licensee requested that only 

365 contiguous acres of the nonFormally Utilized Sites Remedial Action 

Program areas be considered for 

unrestricted release in order to provide 

buffer areas around the Formally 

Utilized Sites Remedial Action Program 

areas on the Facility that have yet to be 

remediated. 

Need for the Proposed Action 

The Licensee has ceased conducting 

licensed activities within the areas of 

the Facility for which the partial site 

release has been requested and seeks 

unrestricted use of the area. License No. 

06–00217–06 will remain in place for 

the balance of the Facility to support 

future Formally Utilized Sites Remedial 

Action Program decommissioning and 

eventual site release. 

Environmental Impacts of the Proposed 

Action 

The historical review of licensed 

activities conducted at the Facility 

shows that such activities involved 

primarily uranium-234, uranium-235, 

uranium-238, cesium-137, and cobalt60. Prior to performing the final status 

survey for the areas for which the 

unrestricted release has been requested, 

the Licensee conducted 

decontamination and remediation 

activities, as necessary, in the areas of 

the Facility affected by these 

radionuclides. The Licensee conducted 

final status surveys between 2005 and 

2007. These surveys covered all 

impacted areas within the requested 

partial site release portion of the 

Facility. Notification that 

decommissioning activities in nonFormally Utilized Sites Remedial Action 

Program areas of the site were complete 

was provided in the Licensee’s letter 

dated September 13, 2007. The Licensee 

elected to demonstrate compliance with 

the radiological criteria for unrestricted 

release as specified in 10 CFR Part 

20.1402 by developing derived 

concentration guideline levels for its 

Facility. The Licensee conducted sitespecific dose modeling using input 

parameters specific to the Facility. This 

dose modeling used the residential 

farmer scenario. The Licensee thus 

determined the maximum amount of 

residual radioactivity on building 

surfaces, equipment, materials, and soils 

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966 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 

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 the proposed derived 

concentration guideline levels, and 

concluded that the proposed derived 

concentration guideline levels were 

acceptable for use as release criteria at 

the Facility. The NRC’s approval of the 

Licensee’s proposed derived 

concentration guideline levels was 

published in the Federal Register on 

June 1, 2004 (Volume 69, Number 105). 

The Licensee’s final status survey 

results were below these derived 

concentration guideline levels, and are 

thus acceptable. 

The Oak Ridge Institute for Science 

and Education and NRC staff conducted 

confirmatory surveys between March 24 

and March 27, 2008. None of the 

confirmatory sample results exceeded 

the derived concentration guideline 

levels established for the Facility. 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 NRCLicensed 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 within the partial 

site release area of the Facility. The NRC 

staff reviewed the docket file records 

and the final status survey reports to 

identify any non-radiological hazards 

that may have impacted the 

environment surrounding the Facility. 

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 portion of the Facility 

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. Before the 

license can be terminated, the Licensee 

will be required to show that the entire 

Facility, including previously-released 

areas, complies with the radiological 

criteria in 10 CFR 20.1402. Based on its 

review, the staff considered the impact 

of the residual radioactivity at the 

Facility 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 inconsistent with 10 CFR 

30.36(d) and 10 CFR 70.38(d) requiring 

that decommissioning of byproduct 

material and special nuclear material 

facilities be completed and approved by 

the NRC after licensed activities cease. 

The NRC’s analysis of the Licensee’s 

final status survey data confirmed that 

the partial site release area 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 

considered further. 

Conclusion 

The NRC staff reviewed the 

environmental impacts of the proposed 

action in accordance with the 

requirements of 10 CFR Part 51 and 

NRC’s unrestricted release criteria 

specified in 10 CFR 20.1402. The NRC 

staff has determined that the partial site 

release of the ABB, Inc. site would not 

significantly affect the quality of the 

human environment. Therefore, an 

environmental impact statement is not 

warranted for the proposed action, and 

pursuant to 10 CFR 51.31, a Finding of 

No Significant Impact is appropriate. 

Agencies and Persons Consulted 

On September 19, 2008, the NRC 

provided a draft of this Environmental 

Assessment to the Connecticut 

Department of Environmental Protection 

for review. On November 6, 2008, Mr. 

Michael Firsick of the Connecticut 

Department of Environmental Protection 

responded by e-mail. The State agreed 

with the conclusions of the 

Environmental Assessment, 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. 

III. Finding of No Significant Impact 

On the basis of this Environmental 

Assessment, the NRC finds that there 

are no significant environmental 

impacts from the proposed partial site 

release action as described above. 

Accordingly, preparation of an 

environmental impact statement is not 

warranted and 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. NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance;’’ 

2. Title 10 Code of Federal 

Regulations, Part 20, Subpart E, 

‘‘Radiological Criteria for License 

Termination;’’ 

3. Title 10, Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’ 

4. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities;’’ 

5. Letter dated October 31, 2005, from 

ABB to NRC, ‘‘Final Status Survey 

Report—Building 2 Complex’’ with 

attachments (ADAMS Accession No. 

ML053320512, ML053320517, 

ML053320521, ML053320522, 

ML053320523, ML053320524, 

ML053320525, ML053320526, 

ML053320527, ML053320530, 

ML053320532, ML053320536, 

ML053320539, and ML053320540); 

6. Letter dated February 7, 2006, from 

ABB to NRC, ‘‘Final Status Survey 

Report—Building 17 Complex’’ with 

attachments (ADAMS Accession No. 

ML060670224, ML060670354, 

ML060670385, ML060670398, 

ML060670405, ML060670408, 

ML060670411, ML060670425, 

ML060670444, ML060670451, 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices 967 

1 15 U.S.C. 80a–18(f)(1). 

2 15 U.S.C. 80a. 

3 17 CFR 270.18f–3. 

ML060670456, ML060670470, 

ML060670478, and ML060670489); 

7. Letter dated May 2, 2006, from ABB 

to NRC, ‘‘Final Status Survey Report— 

Building 5/6A Complex’’ with 

attachments (ADAMS Accession No. 

ML061300647, ML061600110, 

ML061600128, ML061600142, 

ML061600154, ML061600158, 

ML061600160, ML061600178, 

ML061600184, ML061600185, 

ML061600186, ML061600187, 

ML061600280, ML061600292, 

ML061600304, ML061600315, 

ML061600324, and ML061600331); 

8. Letter dated September 13, 2007, 

from ABB to NRC, ‘‘Final Status Survey 

Report’’ with attachments (ADAMS 

Accession No. ML072890334, 

ML072890351, ML072890359, 

ML072890361, ML072890362, 

ML072890533, ML072890542, 

ML072890545, ML072890552, 

ML072890556, ML072890565, 

ML072890572, ML072890586, 

ML072890590, ML072890603, 

ML072890611); 

9. Letter dated December 27, 2007, 

from ABB to NRC, ‘‘Partial Site Release’’ 

(ADAMS Accession No. ML080020357); 

10. Letter dated June 27, 2008, from 

ORISE to NRC, ‘‘Final Report— 

Confirmatory Survey for the Partial Site 

Release at the ABB Inc. CE Windsor 

Site; Windsor, Connecticut’’ (ADAMS 

Accession No. ML082420398); and 

11. NRC Inspection Report 03000754/ 

2008001, dated September 30, 2008, 

(ADAMS Accession Nos. ML082730833 

and ML082730842). 

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 

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 Public Document 

Room, O 1 F21, One White Flint North, 

11555 Rockville Pike, Rockville, MD 

20852. The Public Document Room 

reproduction contractor will copy 

documents for a fee. 

Dated at King of Prussia, Pennsylvania, this 

30th day of December, 2008. 

For the Nuclear Regulatory Commission. 

Eugene Cobey, 

Chief, Decommissioning Branch, Division of 

Nuclear Materials Safety, Region I. 

[FR Doc. E9–202 Filed 1–8–09; 8:45 am] 

BILLING CODE 7590–01–P 

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Notice of Availability; NUREG–1307, 

Revision 13, ‘‘Report on Waste Burial 

Charges Changes in Decommissioning 

Waste Disposal Costs at Low-Level 

Waste Burial Faciilities’’ 

AGENCY: Nuclear Regulatory 

Commission (NRC). 

ACTION: Notice of availability. 

SUMMARY: The NRC is announcing the 

completion and availability of NUREG– 

1307, Revision 13, ‘‘Report on Waste 

Burial Charges,’’ dated December 2009. 

ADDRESSES: NUREG–1307 may be 

purchased from The Superintendent of 

Documents, U.S. Government Printing 

Office , P.O. Box 37082, Washington, DC 

20402–9328: http:// 

www.access.gop.gov/sudocs: 202–512– 

1800; or The National Technical 

Information Service, Springfield, 

Virginia 22161–0002; http:// 

www.ntis.gov; or locally, 703–605–6000. 

The publication may be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), One White Flint North, 

11555 Rockville Pike, Room O1–F21, 

Rockville, Maryland. The PDR 

reproduction contractor will copy 

documents for a fee. The public can gain 

entry into the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS) through the agency’s 

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

This Web site provides text and image 

files of the 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 PDR Reference Staff at 1–800– 

397–4209, 301–415–4737 or by e-mail to 

pdr@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Clayton L. Pittiglio, Office of Nuclear 

Reactor Regulation, Division of Policy 

and Rulemaking, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555, telephone (301) 415–1435, email Clayton.Pittiglio@nrc.gov. 

SUPPLEMENTARY INFORMATION: A 

requirement placed upon nuclear power 

reactor licensees by the NRC is that 

licensees must annually adjust the 

estimate of the cost of decommissioning 

their plants, in dollars of the current 

year, as part of the process to provide 

reasonable assurance that adequate 

funds for decommissioning will be 

available when needed. This report, 

which is revised periodically, explains 

the formula that is acceptable to the 

NRC for determining the minimum 

decommissioning fund requirements for 

nuclear power plants. The sources of 

information used in the formula are 

identified, and the values developed for 

the estimation of radioactive waste 

burial/disposition costs, by site and by 

year, are given. 

Dated at Rockville, Maryland, this 22 day 

of December. 

For the Nuclear Regulatory Commission. 

Timothy J. McGinty, 

Director, Division of Policy and Rulemaking, 

Office of Nuclear Reactor Program. 

[FR Doc. E9–203 Filed 1–8–09; 8:45 am] 

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Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: 

Rule 18f–3; SEC File No. 270–385; OMB 

Control No. 3235–0441. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3520), the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget 

request for extension of the previously 

approved collection of information 

discussed below. 

Section 18(f)(1) 1 of the Investment 

Company Act of 1940 2 (the ‘‘Investment 

Company Act’’ or ‘‘Act’’) prohibits 

registered open-end management 

investment companies (‘‘funds’’) from 

issuing any senior security. Rule 18f–3 

under the Act 3 exempts from section 

18(f)(1) a fund that issues multiple 

classes of shares representing interests 

in the same portfolio of securities (a 

‘‘multiple class fund’’) if the fund 

satisfies the conditions of the rule. In 

general, each class must differ in its 

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The rule includes one requirement for 

the collection of information. A 

multiple class fund must prepare, and 

fund directors must approve, a written 

plan setting forth the separate 

arrangement and expense allocation of 

each class, and any related conversion 

features or exchange privileges (‘‘rule 

mstockstill on PROD1PC66 with NOTICES