Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices 10785 

this date. Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–1204 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

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. ML082960039. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

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 5th day 

of March, 2009. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. E9–5358 Filed 3–11–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–36482; NRC–2009–0108] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for Amendment of 

Byproduct Materials License No. 24– 

32439–01, for Unrestricted Release of a 

Facility in Creve Coeur, MO 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Peter J. Lee, Ph.D., CHP, Health 

Physicist, Materials Control, ISFSI, and 

Decommissioning Branch, Division of 

Nuclear Materials Safety, Region III, 

U.S. Nuclear Regulatory Commission, 

2443 Warrenville Road, Lisle, Illinois 

60532; telephone: (630) 829–9870; fax 

number: (630) 515–1259; or by e-mail at 

Peter.Lee@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend Byproduct Materials License No. 

24–32439–01. This license is held by 

the Pharmacia Corporation (the 

Licensee) for its facilities located at 800 

North Lindbergh Boulevard, Creve 

Coeur, Missouri, 700 Chesterfield, St. 

Louis, Missouri, and 645 South 

Newstead Avenue, St. Louis, Missouri. 

Issuance of the amendment would 

authorize release of the Creve Coeur 

facility (the Facility) for unrestricted 

use. The Licensee requested this action 

in a letter dated January 15, 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 January 15, 2009, license 

amendment request, resulting in release 

of the Facility for unrestricted use. 

License No. 24–32439–01 was issued on 

April 8, 2004, pursuant to 10 CFR part 

30, and has been amended periodically 

since that time. The license authorizes 

the use of by-product materials for 

laboratory research and development 

including animal studies. The licensee 

ceased using licensed materials in the 

Facility in 2008. The Licensee has 

conducted final status surveys of the 

Facility. The results of these surveys 

along with other supporting information 

were provided to the NRC to 

demonstrate that the criteria in subpart 

E of 10 CFR part 20 for unrestricted 

release have been met. 

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 hydrogen-3, carbon-14, phosphorus32, phosphorus-33, sulfur-35, calcium45, chromium-51, and iodine-125. 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 completed final status 

surveys on the Facility on January 5, 

2009. The surveys covered all areas of 

the Facility. The final status survey 

report was attached to the Licensee’s 

amendment request dated January 15, 

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 values described 

in NUREG–1757, ‘‘Consolidated 

Decommissioning Guidance,’’ Volume 2 

as the radionuclide-specific derived 

concentration guideline levels (DCGLs). 

These values provide acceptable levels 

of surface contamination to demonstrate 

compliance with the NRC requirements 

in subpart E of 10 CFR part 20 for 

unrestricted release. The Licensee’s 

final status survey results were below 

these values 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 

NRC staff reviewed available docket file 

records and the survey results 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 issuance of 

the proposed amendment authorizing 

release of the Facility for unrestricted 

use is in compliance with 10 CFR part 

20. 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. 


cprice-sewell on PRODPC61 with NOTICES
10786 Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices 

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 

Missouri Department of Health and 

Senior Services for review on February 

18, 2009. By response dated February 

20, 2009, the State agreed with the 

conclusions of the EA, and otherwise 

provided 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. Kevin J. Sharkey, Pharmacia 

Corporation, letter dated January 15, 

2009, (ADAMS Accession No. 

ML090200063); 

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. NUREG–1757, ‘‘Consolidated 

Decommissioning Guidance’’. 

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 Lisle, Illinois, this 2nd day of 

March, 2009. 

For the Nuclear Regulatory Commission. 

Christine Lipa, 

Chief Materials Control, ISFSI, and 

Decommissioning Branch, Division of Nuclear 

Materials Safety, Region III. 

[FR Doc. E9–5356 Filed 3–11–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0106] 

Proposed Generic Communications; 

Protection of Safeguards Information 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of opportunity for public 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to issue 

a regulatory issue summary (RIS) to 

remind all stakeholders of the 

significant changes to Title 10 of the 

Code of Federal Regulations 10 CFR 

73.21, 73.22 and 73.23. Previously, 

many licensees, applicants, certificate 

holders, or other persons were issued 

Orders in the aftermath of the terrorist 

attacks of September 11, 2001, that 

required them to protect certain detailed 

information designated as SGI or SGI– 

M. Further Orders were issued by the 

NRC after the enactment of the Energy 

Policy Act of 2005 (EPAct), which 

expanded the NRC’s fingerprinting 

authority with respect to access to SGI. 

This RIS provides clarifying information 

of the impact of the new rule (effective 

date February 23, 2009). 

This Federal Register notice is 

available through the NRC’s 

Agencywide Documents Access and 

Management System (ADAMS) under 

accession number ML090630662. 

DATES: Comment period expires April 

13, 2009. Comments submitted after this 

date will be considered if it is practical 

to do so, but assurance of consideration 

cannot be given except for comments 

received on or before this date. 

ADDRESSES: Submit written comments 

to the Chief, Rulemaking, Directives and 

Editing Branch, Division of 

Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Mail Stop TWB 5B01M, 

Washington, DC 20555–0001, and cite 

the publication date and page number of 

this Federal Register notice. 

FOR FURTHER INFORMATION CONTACT: 

Robert Norman, at 301–415–2278 or by 

e-mail at robert.norman@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

NRC Regulatory Issue Summary 2009– 

XX 

Implementation of New Final Rule, 

Protection of Safeguards Information 

Addressees 

Each NRC licensee, certificate holder, 

applicant, or other person who 

produces, receives, or acquires 

Safeguards Information. 


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