Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47975 

• Committee Chairman’s Remarks 

• Management and Operation of the 

National Astronomy and 

Ionosphere Center 

• Design for the Deep Underground 

Science and Engineering Laboratory 

Committee on Strategy and Budget 

(CSB) 

Closed Session: 10:50 a.m.–11:05 a.m., 

Bob Evans Auditorium 

• Approval of CSB Minutes, August 

9, 2009 

• Committee Chairman’s Remarks 

• NSF Budget Update: FY 2011 

Budget Request to OMB 

• Other Committee Business 

Plenary Executive Closed 

Closed Session: 11:05 a.m.–11:15 a.m., 

Bob Evans Auditorium 

• Approval of Plenary Executive 

Closed Minutes, August 2009 

• Board Member Proposal 

Plenary Closed 

Closed Session: 11:15 a.m.–11:30 a.m., 

Bob Evans Auditorium 

• Approval of Plenary Closed 

Minutes, August 2009 

• Awards and Agreements 

• Closed Committee Reports 

Ann Ferrante, 

Technical Writer/Editor. 

[FR Doc. E9–22643 Filed 9–16–09; 4:15 pm] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0411; Docket No. 030–10814] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 29–02608–03 for the 

Unrestricted Release of the Johnson & 

Johnson Pharmaceutical Research and 

Development, LLC’s Facility in Raritan, 

NJ 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Lawyer, Health Physicist, 

Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I, 

475 Allendale Road, King of Prussia, 

Pennsylvania; telephone 610–337–5366; 

fax number 610–337–5269 or by e-mail: 

dennis.lawyer@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license amendment to 

Byproduct Materials License No. 29– 

02608–03. This license is held by 

Johnson & Johnson Pharmaceutical 

Research and Development, LLC (the 

Licensee), for its Ortho Clinical 

Diagnostics Facility (the Facility), 

located at 1001 U.S. Route #202 North 

in Raritan, New Jersey. Issuance of the 

amendment would authorize release of 

the Facility for unrestricted use. The 

Licensee requested this action in a letter 

dated March 27, 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 March 27, 2009, license 

amendment request, resulting in release 

of the Facility for unrestricted use. 

License No. 29–02608–03 was issued on 

April 8, 1975, pursuant to 10 CFR Part 

30, and has been amended periodically 

since that time. This license authorized 

the Licensee to use unsealed byproduct 

material for purposes of conducting 

research and development activities on 

laboratory bench tops and in hoods. 

The Facility is situated in a 572,000 

square foot building on 66 acres of 

property and consists of office space, 

laboratories, manufacturing, and 

shipping areas. The Facility is located in 

a commercial area with some residential 

use nearby. Within the Facility, use of 

licensed materials by the licensee was 

confined to 1,528 square feet of 

laboratory space. 

In February 2007, the Licensee ceased 

licensed activities and initiated a survey 

and decontamination of the Facility. 

Based on the Licensee’s historical 

knowledge of the site and the conditions 

of the Facility, the Licensee determined 

that only routine decontamination 

activities, in accordance with their NRCapproved, 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 

Facility and provided information to the 

NRC to demonstrate 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 Facility and 

seeks the unrestricted use of its Facility. 

Environmental Impacts of the Proposed 

Action 

The historical review of licensed 

activities conducted at the Facility 

shows that such activities involved use 

of the following radionuclides with halflives greater than 120 days: Hydrogen3 and carbon-14. Prior to performing the 

final status survey, the Licensee 

conducted decontamination activities, 

as necessary, in the areas of the Facility 

affected by these radionuclides. 

The Licensee conducted a final status 

survey on May 14, 2009. This survey 

covered the 1,528 square feet of 

laboratory space. The final status survey 

report was attached to the Licensee’s 

additional information letter dated 

May 29, 2009. The Licensee elected to 

demonstrate compliance with the 

radiological criteria for unrestricted 

release 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 are 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 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 at the Facility. The 


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47976 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 

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 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 Facility for unrestricted 

use is in compliance with 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 not feasible because it 

conflicts with 10 CFR 30.36(d), 

requiring that decommissioning of 

byproduct 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 

Facility 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 New 

Jersey Department of Environmental 

Protection for review on June 25, 2009. 

On August 7, 2009, the New Jersey 

Department of Environmental Protection 

responded by letter. 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. 

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. 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. Johnson & Johnson Pharmaceutical 

Research and Development, LLC, 

amendment request letter dated March 

27, 2009 (ML090960269); 

6. Johnson & Johnson Pharmaceutical 

Research and Development, LLC, 

additional information letter dated April 

28, 2009 (ML091200252); 

7. Johnson & Johnson Pharmaceutical 

Research and Development, LLC, 

additional information letter dated May 

29, 2009 (ML091490762); and 

8. Johnson & Johnson Pharmaceutical 

Research and Development, LLC, 

additional information letter dated June 

16, 2009 (ML091730375). 

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 

PDR.Resource@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, 475 Allendale Road, 

King of Prussia, PA this 11th day of 

September 2009. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–22556 Filed 9–17–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0408] 

Exemption From the Specific Import 

License Requirements 

1.0 Request/Action 

US Ecology Idaho (USEI), a subsidiary 

of American Ecology, operates a 

hazardous waste and low-activity 

radioactive disposal facility near Grand 

View, Idaho. By letter dated March 19, 

2009 (Agency Documents Access 

Management System [ADAMS] 

Accession No. ML091600258), USEI 

requested an exemption from the 

requirements in 10 CFR Part 110, 

‘‘Export and Import of Nuclear 

Equipment and Material,’’ for a specific 

license to import waste from Canada. 

Pursuant to 10 CFR 110.10, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions for the 

requirements for a specific license in 10 

CFR Part 110, when the import is (1) 

authorized by law; (2) is not inimical to 

the common defense and security of the 

United States; and (3) will not constitute 

an unreasonable risk to the public 

health and safety. 

2.0 Background 

USEI requested an exemption from 

the requirements in 10 CFR 110.27 for 

a specific license to import and dispose 


erowe on DSK5CLS3C1PROD with NOTICES