48104 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 

1.183, ‘‘Alternative Radiological Source 

Terms for Evaluating Design Basis 

Accidents at Nuclear Power Reactors,’’ 

dated July 2000. 

Therefore, the separation of the MS 

Pathway from the other containment 

leakage pathways is warranted because 

a separate radiological consequence 

term has been provided for these 

pathways. The revised design-basis 

radiological consequences analyses 

address these pathways as individual 

factors, exclusive of the primary 

containment leakage. Therefore, the 

NRC staff finds the proposed exemption 

from Appendix J, to separate MS leakage 

from other containment leakage, to be 

acceptable. 

3.0 Discussion 

Pursuant to 10 CFR 50.12, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR Part 50 when (1) 

the exemptions are authorized by law, 

will not present an undue risk to public 

health or safety, and are consistent with 

the common defense and security; and 

(2) when special circumstances are 

present. The licensee’s exemption 

request was submitted with a license 

amendment request to use the 

alternative source term methodology for 

use in calculating the dose 

consequences of the design-basis lossof-coolant accident analysis. The NRC 

staff will issue the proposed amendment 

in conjunction with the exemption. The 

exemption and amendment together 

would implement the alternative source 

term methodology. The special 

circumstances associated with the MS 

Pathway leakage testing are fully 

described in the licensee’s application 

dated October 13, 2008, as 

supplemented by letters dated April 8, 

May 29, June 12, and September 1, 

2009, and discussed below. 

Authorized by Law 

This exemption would permit 

exclusion of the MS Pathway leakage 

contribution from the overall integrated 

leakage rate Type A test measurement 

and from the sum of the leakage rates 

from Type B and Type C tests. As stated 

above, 10 CFR 50.12 allows the NRC to 

grant exemptions from the requirements 

of 10 CFR Part 50. The NRC staff has 

determined that granting of the 

licensee’s proposed exemption will not 

result in a violation of the Atomic 

Energy Act of 1954, as amended, or the 

Commission’s regulations. Therefore, 

the exemption is authorized by law. 

No Undue Risk to Public Health and 

Safety 

The underlying purposes of 10 CFR 

Part 50, Appendix J, Option B, Sections 

III.A and III.B are to ensure that 

containment leak-tight integrity is 

maintained (a) as tight as reasonably 

achievable and (b) sufficiently tight so 

as to limit effluent release to values 

bounded by the analyses of radiological 

consequences of design-basis accidents. 

Based on the above, no new accident 

precursors are created by exclusion of 

the MS Pathway leakage contribution 

from the overall integrated leakage rate 

Type A test measurement and from the 

sum of the leakage rates from Type B 

and Type C tests, thus, the probability 

of postulated accidents is not increased. 

Also, based on the above, the 

consequences of postulated accidents 

are not increased. Therefore, there is no 

undue risk to public health and safety. 

Consistent With Common Defense and 

Security 

The proposed exemption would 

exclude the MS Pathway leakage 

contribution from the overall integrated 

leakage rate Type A test measurement 

and from the sum of the leakage rates 

from Type B and Type C tests. This 

change to the operation of the plant has 

no relation to security issues. Therefore, 

the common defense and security is not 

impacted by this exemption. 

Special Circumstances 

Special circumstances include, in 

part, the special circumstances defined 

in 10 CFR 50.12(a)(2)(ii), which states, 

‘‘Application of the regulation in the 

particular circumstances would not 

serve the underlying purpose of the rule 

or is not necessary to achieve the 

underlying purpose of the rule.’’ 

The underlying purpose of 10 CFR 

Part 50, Appendix J, is to ensure that 

containment leak-tight integrity is 

maintained as tight as reasonably 

achievable and sufficiently tight so as to 

limit effluent release to values bounded 

by the analyses of radiological 

consequences of design-basis accidents. 

The intent of the rule is not 

compromised by the licensee’s proposed 

action because the containment leak 

rates will continue to be limited by 

CNS’s TSs. The proposed action will 

appropriately permit ALT pathway 

leakage to be independently grouped 

with its unique leakage limits and 

maintain the accident dose analyses 

consequences within the acceptance 

criteria of 10 CFR 50.67. 

Therefore, since the underlying 

purposes of 10 CFR Part 50, Appendix 

J, is achieved, the special circumstances 

required by 10 CFR 50.12(a)(2)(ii) for the 

granting of an exemption from 10 CFR 

Part 50, Appendix J, Option B, Sections 

III.A and III.B exist. 

4.0 Conclusion 

Accordingly, the Commission has 

determined that, pursuant to 10 CFR 

50.12, the exemption is authorized by 

law, will not present an undue risk to 

the public health and safety, and is 

consistent with the common defense 

and security. Also, special 

circumstances are present. Therefore, 

the Commission hereby grants NPPD an 

exemption (1) from the requirements of 

10 CFR Part 50, Appendix J, Option B, 

Section III.A, to allow exclusion of the 

MS Pathway leakage from the overall 

integrated leakage rate measured when 

performing a Type A test; and (2) from 

the requirements of 10 CFR Part 50, 

Appendix J, Option B, Section III.B, to 

allow exclusion of the MS Pathway 

leakage from the combined leakage rate 

of all penetrations and valves subject to 

Type B and C tests for CNS. 

Pursuant to 10 CFR 51.32, the 

Commission has determined that the 

granting of this exemption will not have 

a significant effect on the quality of the 

human environment (74 FR 47030; 

September 14, 2009). 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 14th day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Joseph G. Giitter, 

Director, Division of Operating Reactor 

Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–22600 Filed 9–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on the Medical 

Uses of Isotopes: Meeting Notice 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice of meeting. 

SUMMARY: NRC will convene a meeting 

of the Advisory Committee on the 

Medical Uses of Isotopes (ACMUI) on 

October 19–20, 2009. A sample of 

agenda items to be discussed during the 

public session includes: (1) 

International Commission on 

Radiological Protection (ICRP) 

Publication103 subcommittee report 

and discussion; (2) update on 

permanent prostate brachytherapy 

medical events; (3) update on results 

from the Society of Nuclear Medicine 

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Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices 48105 

(SNM) on the medical isotope shortage; 

(4) new security regulations in 10 Code 

of Federal Regulations (CFR) part 37; (5) 

potential changes to 10 CFR part 35; (6) 

medical uses of radium-223; (7) 

information on the regulatory 

responsibilities of the U.S. Food and 

Drug Administration; (8) summary of 

the enforcement process and 

enforcement actions against medical 

licensees; and (9) medical-related 

events. A copy of the agenda will be 

available at http://www.nrc.gov/readingrm/doc-collections/acmui/agenda or by 

e-mailing Ms. Ashley Cockerham at the 

contact information below. 

Purpose: Discuss issues related to 10 

CFR part 35 Medical Use of Byproduct 

Material. 

Date and Time for Closed Session: 

October 19, 2009, from 8 a.m. to 10 a.m. 

This session will be closed so that 

ACMUI can review and discuss 

evaluations, receive annual training, 

and discuss internal Committee 

business. 

Date and Time for Open Sessions: 

October 19, 2009, from 10:15 a.m. to 

4:45 p.m. and October 20, 2009, from 8 

a.m. to 12 p.m. 

Address for Public Meeting: U.S. 

Nuclear Regulatory Commission, 

Executive Boulevard Building (EBB01– 

B13/15), 6003 Executive Boulevard, 

Rockville, Maryland 20852. 

Public Participation: Any member of 

the public who wishes to participate in 

the meeting should contact Ms. 

Cockerham using the information 

below. 

Contact Information: Ashley M. 

Cockerham, e-mail: 

ashley.cockerham@nrc.gov, telephone: 

(240) 888–7129. 

Conduct of the Meeting 

Leon S. Malmud, M.D., will chair the 

meeting. Dr. Malmud will conduct the 

meeting in a manner that will facilitate 

the orderly conduct of business. The 

following procedures apply to public 

participation in the meeting: 

1. Persons who wish to provide a 

written statement should submit an 

electronic copy to Ms. Cockerham at the 

contact information listed above. All 

submittals must be received by October 

9, 2009, and must pertain to the topic 

on the agenda for the meeting. 

2. Questions and comments from 

members of the public will be permitted 

during the meeting, at the discretion of 

the Chairman. 

3. The draft transcript will be 

available on ACMUI’s Web site (http:// 

www.nrc.gov/reading-rm/doccollections/acmui/tr/) on or about 

November 23, 2009. A meeting 

summary will be available on ACMUI’s 

Web site (http://www.nrc.gov/readingrm/doc-collections/acmui/meetingsummaries/) on or about December 2, 

2009. 

4. Persons who require special 

services, such as those for the hearing 

impaired, should notify Ms. Cockerham 

of their planned attendance. 

This meeting will be held in 

accordance with the Atomic Energy Act 

of 1954, as amended (primarily section 

161a); the Federal Advisory Committee 

Act (5 U.S.C. App); and the 

Commission’s regulations in Title 10, 

U.S. Code of Federal Regulations, part 7. 

Dated: September 16, 2009. 

Andrew L. Bates, 

Advisory Committee Management Officer. 

[FR Doc. E9–22599 Filed 9–18–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATES: Week of September 21, 2009. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

ADDITIONAL ITEMS TO BE CONSIDERED: 

Week of September 21, 2009 

Tuesday, September 22, 2009 

9:25 a.m. Affirmation Session (Public 

Meeting) (Tentative). b. Final Rule 

Related to Alternate Fracture 

Toughness Requirements for 

Protection Against Pressurized 

Thermal Shock Events (10 CFR 

50.61a) (RIN 3150–A101) 

(Tentative). 

This meeting will be Webcast live at 

the Web address—http://www.nrc.gov. 

* * * * * 

The schedule for Commission 

meetings is subject to change on short 

notice. To verify the status of meetings, 

call (recording)—(301) 415–1292. 

Contact person for more information: 

Rochelle Bavol, (301) 415–1651. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/about-nrc/policymaking/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

Rohn Brown, at 301–492–2279, TDD: 

301–415–2100, or by e-mail at 

rohn.brown@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: September 15, 2009. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. E9–22775 Filed 9–17–09; 4:15 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0414] 

Withdrawal of Regulatory Guide 7.2 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Withdrawal of Regulatory Guide 

7.2 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Herrity, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–251– 

7447 or e-mail to 

Thomas.Herrity@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is withdrawing 

Regulatory Guide (RG) 7.2, ‘‘Packaging 

and Transportation of Radioactively 

Contaminated Biological Materials.’’ 

Regulatory Guide 7.2 was published in 

June 1974. It provides guidance on 

meeting the Department of 

Transportation (DOT) requirements for 

Type A shipments of radioactively 

contaminated biological materials. It 

also recommends appropriate packaging 

and limits on the radioactive contents 

for any single package of this type of 

material, marking and labeling of 

packages, and limitations on storage of 

the packaged material before, during, 

and after transport. The NRC is 

withdrawing RG 7.2 because the 

guidance it provides is outdated. 

The regulations for transport of 

hazardous materials are currently in 49 

CFR Part 173 Subpart I. The DOT’s 

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