49896 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML091390066. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

11555 Rockville Pike, Rockville, 

Maryland. The PDR’s mailing address is 

USNRC PDR, Washington, DC 20555– 

0001. The PDR can also be reached by 

telephone at (301) 415–4737 or (800) 

397–4205, by fax at (301) 415–3548, and 

by e-mail to pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 3rd day 

of September 2009. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. E9–23433 Filed 9–28–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0427; Docket No. 030–10491] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 29–16145–01, for 

Unrestricted Release of Robert Wood 

Johnson University Hospital at 

Hamilton’s Clinical Pharmacology Unit 

Located at #3 Hamilton Health Place, 

Hamilton, NJ 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for license 

amendment. 

FOR FURTHER INFORMATION CONTACT: 

He ́ctor Bermu ́dez, Sr. Health Physicist, 

Medical Branch, Division of Nuclear 

Materials Safety, Region I, 475 

Allendale Road, King of Prussia, 

Pennsylvania 19406; telephone (404) 

562–4734; fax number (610) 337–5269; 

or by e-mail: Hector.Bermudez@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– 

16145–01. This license is held by Robert 

Wood Johnson University Hospital at 

Hamilton (the Licensee), for one of its 

facilities located at #3 Hamilton Health 

Place (the Facility). Issuance of the 

amendment would authorize release of 

the Facility for unrestricted use. The 

Licensee requested this action in a letter 

dated December 10, 2008. 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 December 18, 2008, 

license amendment request, resulting in 

release of the Facility for unrestricted 

use. License No. 29–16145–01 was 

issued on September 19, 1974, to 

Hamilton Hospital (now Robert Wood 

Johnson University Hospital at 

Hamilton) pursuant to 10 CFR Part 30, 

and has been amended periodically 

since that time. This license authorizes 

the Licensee to use unsealed byproduct 

materials for the purposes of medical 

diagnosis and treatment of humans. 

The building that houses the Facility 

is a single story building located in a 

mixed residential/commercial area. The 

licensee occupied approximately 12,000 

square feet of space in part of the 

building, consisting of office space and 

laboratories. Within the Facility, use of 

licensed materials was confined to 

Rooms 102, 103, 104, 126, 154, 180, 

195C, 216, 217, 220, 221, and 242. 

Routine licensed activities ceased in 

2008 and the licensee initiated a survey 

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 the NRC-approved 

operating radiation safety procedures, 

would be 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 and for license 

termination. 

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 radionuclide with a 

half-life greater than 120 days in 

unsealed form: Carbon-14. The Licensee 

conducted a final status survey in April 

2009. This survey covered all the areas 

of use at the Facility. The final status 

survey report was attached to the 

Licensee’s letter dated April 30, 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 radionuclidespecific 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, and 

in soils, 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 

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 Facility. 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 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 49897 

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 State 

of New Jersey, Department of 

Environmental Protection, Bureau of 

Radiological Health for review on 

August 18, 2009. The State of New 

Jersey responded by e-mail on 

September 11, 2009. 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. Amendment request dated 

December 10, 2008 (ML083640174); 

2. Additional information on 

amendment request dated April 30, 

2009 (ML091240536); 

3. Additional information on 

amendment request dated June 29, 2009 

(ML091820556); 

4. NUREG–1757, ‘‘Consolidated 

NMSS Decommissioning Guidance;’’ 

Title 10, Code of Federal Regulations, 

Part 20, Subpart E, ‘‘Radiological 

Criteria for License Termination;’’ 

5. Title 10, Code of Federal 

Regulations, Part 51, ‘‘Environmental 

Protection Regulations for Domestic 

Licensing and Related Regulatory 

Functions;’’ and 

6. 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, 475 Allendale Road, 

King of Prussia, PA this 23rd day of 

September 2009. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial & R&D Branch, Division 

of Nuclear Materials Safety, Region I. 

[FR Doc. E9–23455 Filed 9–28–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0430; Docket No. 030–33542] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment to Byproduct Materials 

License No. 29–30152–01, for 

Unrestricted Release of the Ligand 

Pharmaceuticals Facility in Cranbury, 

NJ 

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 

Byproduct Materials License No. 29– 

30152–01. This license is held by 

Ligand Pharmaceuticals (the Licensee), 

for its Ligand Pharmaceuticals facility 

(the Facility), located at 3000 Eastpark 

Boulevard in Cranbury, New Jersey. 

Issuance of the amendment would 

authorize release of the East Wing of the 

Facility for unrestricted use. The 

Licensee requested this action in a letter 

dated July 29, 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 


jlentini on DSKJ8SOYB1PROD with NOTICES