Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 12911 

805, ‘‘Performance-Based Standard for 

Fire Protection for Light-Water Reactor 

Electric Generating Plants.’’ 

In accordance with 10 CFR 50.48(a), 

each operating nuclear power plant 

must have an FPP that satisfies General 

Design Criterion (GDC) 3, ‘‘Fire 

Protection,’’ of Appendix A, ‘‘General 

Design Criteria for Nuclear Power 

Plants,’’ to 10 CFR part 50, ‘‘Domestic 

Licensing of Production and Utilization 

Facilities.’’ In addition, plants that were 

licensed to operate before January 1, 

1979, must meet the requirements of 

Appendix R, ‘‘Fire Protection Program 

for Nuclear Power Facilities Operating 

Prior to January 1, 1979,’’ to 10 CFR part 

50, except to the extent provided for in 

10 CFR 50.48(b). Plants licensed to 

operate after January 1, 1979, are 

required to comply with 10 CFR 

50.48(a), as well as any plant-specific 

fire protection license conditions and 

technical specifications. 

II. Further Information 

The NRC staff is soliciting comments 

on DG–1218. Comments may be 

accompanied by relevant information or 

supporting data and should mention 

DG–1218 in the subject line. Comments 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety through the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

Personal information will not be 

removed from your comments. You may 

submit comments by any of the 

following methods: 

1. Mail comments to: Chief, 

Rulemaking and Directives Branch, MS 

TWB–05–B01M, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

2. Fax comments to: Chief, 

Rulemaking and Directives Branch, 

Office of Administration, U.S. Nuclear 

Regulatory Commission at (301) 492– 

3446. 

Requests for technical information 

about DG–1218 may be directed to the 

NRC contact, Steven Laur at (301) 415– 

2889 or e-mail to Steven.Laur@nrc.gov. 

Comments would be most helpful if 

received by May 22, 2009. Comments 

received after that date will be 

considered if it is practical to do so, but 

the NRC is able to ensure consideration 

only for comments received on or before 

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–1218 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. ML090420462. 

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 16th 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. E9–6553 Filed 3–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–33266; NRC–2009–0130] 

Notice of Environmental Assessment 

Related to the Issuance of a License 

Amendment To Terminate Byproduct 

Materials License No. 21–26519–01, for 

Aastrom Biosciences, Ann Arbor, MI 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Samuel J. Mulay, 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) 829–9837. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of an amendment to terminate 

NRC Byproduct Materials License No. 

21–26519–01, which is held by Aastrom 

Biosciences (licensee). The issuance of 

the amendment would authorize the 

unrestricted release of the licensee’s 

facility located at 24 Frank Lloyd Wright 

Drive, Lobby K, Domino’s Farm, Ann 

Arbor, Michigan (the Facility). 

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 termination amendment 

request dated September 30, 2008, 

(ML090210643), and approve release of 

the Facility for unrestricted use in 

accordance with 10 CFR part 20, subpart 

E. The licensee operated a research 

laboratory in a 20,000 square foot leased 

space. License No. 21–26519–01 was 

issued on September 10, 1993, pursuant 

to 10 CFR part 30, and has been 

amended periodically since that time. 

This license authorized the use of 

unsealed byproduct materials for 

conducting a variety of research and 

development applications on laboratory 

bench tops and in hoods. The Facility 

is located in a mixed residential, 

agricultural and commercial area, and a 

former authorized location of use there 

was previously released by the NRC for 

unrestricted use. The licensee ceased 

licensed activities in April 2007 and 

Lobby K was used to store standard 

sources and a cell harvester. The 

licensee did not perform research 

activities involving licensed material in 

Lobby K. 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 NRC approved, 

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 submitted a 

license termination request in a letter 

dated September 30, 2008, 

(ML090210643). The licensee submitted 

a final status survey report to the NRC 

on October 31, 2008, (ML083080216), 

and additional correspondence dated 

February 11, 2009, (ML090500353), 

which demonstrates that the Lobby K 


PWALKER on PROD1PC71 with NOTICES
12912 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 

facility meets the criteria in subpart E of 

10 CFR part 20 for unrestricted use. 

Need for the Proposed Action 

The Licensee has ceased conducting 

licensed activities at the Facility and 

seeks the unrestricted use of the 

Facility. 

Environmental Impacts of the Proposed 

Action 

The historical review of licensed 

research activities performed by the 

licensee at the Facility determined that 

the activities involved primarily the use 

of hydrogen-3, which has a half-life 

greater than 120 days. 

The licensee’s final status survey 

report was attached to the Licensee’s 

letter dated October 31, 2008, 

(ML083080216). The licensee’s report 

indicated that the final status survey of 

its Facility was completed on October 1, 

2008. Additional correspondence was 

submitted in a letter dated February 11, 

2009, (ML090500353) to clarify and 

support information provided in the 

final status survey report. 

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 

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 

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 

and additional, supporting 

documentation 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 

On February 4, 2009, the NRC 

provided a draft of this EA to the State 

of Michigan, Radioactive Material and 

Medical Waste Materials Unit, Waste 

and Hazardous Materials Division, 

Michigan Department of Environmental 

Quality. The State responded by e-mail 

on February 4, 2009, and 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 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. Bradley J. Martin, PhD., Aastrom 

Biosciences, letter to U.S. Nuclear 

Regulatory Commission, Region III, 

dated September 30, 2008, (ADAMS 

Accession No. ML090210643). 

2. Bradley J. Martin, PhD., Aastrom 

Biosciences, letter dated October 31, 

2008, with the attached final status 

survey to U.S. Nuclear Regulatory 

Commission, Region III, (ADAMS 

Accession No. ML083080216). 

3. Bradley J. Martin, PhD., Aastrom 

Biosciences, letter to the U.S. Nuclear 

Regulatory Commission, Region III, 

dated February 11, 2009, (ADAMS 

Accession No. ML090500353). 

4. 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’’; 


PWALKER on PROD1PC71 with NOTICES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Notices 12913 

1Amendment No. 2 to SR–FINRA–2008–020. 

This amendment replaced and superseded the 

Continued 

6. NUREG–1496, ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Nuclear Facilities’’; 

7. 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 13th day of 

March 2009. 

For the Nuclear Regulatory Commission. 

Christine A. Lipa, 

Chief, Materials Control, ISFSI, and 

Decommissioning Branch, Division of Nuclear 

Materials Safety, Region III. 

[FR Doc. E9–6399 Filed 3–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 52–033–COL; ASLBP No. 09– 

880–05–COL–BD01] 

Detroit Edison Company; 

Establishment of Atomic Safety and 

Licensing Board 

Pursuant to delegation by the 

Commission dated December 29, 1972, 

published in the Federal Register, 37 FR 

28,710 (1972), and the Commission’s 

regulations, see 10 CFR 2.104, 2.300, 

2.303, 2.309, 2.311, 2.318, and 2.321, 

notice is hereby given that an Atomic 

Safety and Licensing Board (Board) is 

being established to preside over the 

following proceeding: 

Detroit Edison Company 

(Fermi Nuclear Power Plant, Unit 3) 

This proceeding concerns a Petition to 

Intervene and Request for Hearing dated 

March 9, 2009 from Beyond Nuclear, et 

al., that was submitted in response to a 

January 8, 2009 Notice of Hearing and 

Opportunity to Petition for Leave to 

Intervene on a Combined License for the 

Fermi Nuclear Power Plant, Unit 3 (74 

FR 836). The petitioners challenge the 

application filed by Detroit Edison 

Company pursuant to Subpart C of 10 

CFR Part 52 for a combined license for 

Fermi Nuclear Power Plant, Unit 3, 

which would be located in Monroe 

County, Michigan. 

The Board is comprised of the 

following administrative judges: 

Ronald M. Spritzer, Chair, Atomic 

Safety and Licensing Board Panel, 

U.S. Nuclear Regulatory 

Commission, Washington, DC 

20555–0001. 

Michael F. Kennedy, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Randall J. Charbeneau, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

All correspondence, documents, and 

other materials shall be filed in 

accordance with the NRC E-Filing rule, 

which the NRC promulgated in August 

2007 (72 FR 49,139). 

Issued at Rockville, Maryland, this 19th 

day of March 2009. 

E. Roy Hawkens, 

Chief Administrative Judge,Atomic Safety 

and Licensing Board Panel. 

[FR Doc. E9–6555 Filed 3–24–09; 8:45 am] 

BILLING CODE 7590–01–P 

OVERSEAS PRIVATE INVESTMENT 

CORPORATION 

April 7, 2009 Annual Public Hearing 

Time and Date: Tuesday, April 7, 

2009, 2 p.m. 

Place: Offices of the Corporation, 

Twelfth Floor Board Room, 1100 New 

York Avenue, NW., Washington, DC. 

Status: Hearing open to the Public at 

2 p.m. 

Purpose: Annual Public Hearing to 

afford an opportunity for any person to 

present views regarding the activities of 

the Corporation. 

Procedures: 

Individuals wishing to make address 

the hearing orally must provide advance 

notice to OPIC’s Corporate Secretary no 

later than 5 p.m., Thursday, April 2, 

2009. The notice must include the 

individual’s name, organization, address 

and telephone number, and a concise 

summary of the subject matter to be 

presented. 

Oral presentations may not exceed ten 

(10) minutes. The time for individual 

presentations may be reduced 

proportionately, if necessary, to afford 

all participants who have submitted a 

timely request to participate an 

opportunity to be heard. 

Participants wishing to submit a 

written statement for the record must 

submit a copy of such statement to 

OPIC’s Corporate Secretary no later than 

5 p.m., Thursday, April 2, 2009. Such 

statements must be typewritten, doublespaced and may not exceed twenty-five 

(25) pages. 

Upon receipt of the required notice, 

OPIC will prepare an agenda for the 

hearing identifying speakers, setting 

forth the subject on which each 

participant will speak, and the time 

allotted for each presentation. The 

agenda will be available at the hearing. 

A written summary of the hearing will 

be compiled, and such summary will be 

made available, upon written request to 

OPIC’s Corporate Secretary, at the cost 

of reproduction. 

Contact Person for Information: 

Information on the hearing may be 

obtained from Connie M. Downs at (202) 

336–8438, via facsimile at (202) 408– 

0136, or via e-mail at 

connie.downs@opic.gov. 

Supplementary Information: OPIC is a 

U.S. Government agency that provides, 

on a commercial basis, political risk 

insurance and financing in friendly 

developing countries and emerging 

democracies for environmentally sound 

projects that confer positive 

developmental benefits upon the project 

country while creating employment in 

the U.S. OPIC is required by section 

231A(c) of the Foreign Assistance Act of 

1961, as amended (the ‘‘Act’’) to hold at 

least one public hearing each year. 

Dated: March 20, 2009. 

Connie M. Downs, 

OPIC Corporate Secretary. 

[FR Doc. E9–6582 Filed 3–24–09; 8:45 am] 

BILLING CODE 3210–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–59599; File No. SR–FINRA– 

2008–020] 

Self-Regulatory Organizations; 

Financial Industry Regulatory 

Authority, Inc.; Order Approving 

Proposed Rule Change, as Modified by 

Amendment No. 2 Thereto, Relating to 

Private Placements of Securities 

Issued by Members 

March 19, 2009. 

I. Introduction 

The Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) (f/k/a 

National Association of Securities 

Dealers, Inc. (‘‘NASD’’)) filed with the 

Securities and Exchange Commission 

(‘‘Commission’’ or ‘‘SEC’’) on September 

11, 2008, and amended on January 7, 

2009,1 pursuant to Section 19(b)(1) of 


PWALKER on PROD1PC71 with NOTICES