53814 Federal Register / Vol. 70, No. 175 / Monday, September 12, 2005 / Notices 

The Need for the Proposed Action 

Granting the requested exemptions 

will relieve the licensee of the 

requirement to develop training 

modules under the SAT that include 

comprehensive instructions for the 

operation and maintenance of the ISFSI, 

except for the NAC–MPC System. Thus, 

the licensee will not incur the costs 

associated with this activity. 

Environmental Impacts of the Proposed 

Action 

The NRC has reviewed the exemption 

requests submitted by the licensee. The 

staff determined that not requiring the 

licensee to develop training modules 

including comprehensive instructions 

for the operation and maintenance of 

the ISFSI, except for the NAC-MPC 

System, is an administrative change, 

and would have no significant impacts 

to the environment. 

Further, NRC has evaluated the 

impact to public safety that would result 

from granting the requested exemptions. 

CYAPCO has stated that for activities 

associated with operation and 

maintenance of ISFSI structures, 

systems, and components (SSCs) that 

are not important to safety, CYAPCO 

will provide training/instructions in 

accordance with manufacturer’s 

instructions and CYAPCO approved 

procedures. NRC determined that 

requiring the licensee to develop 

training modules under its SAT for the 

operation and maintenance of ISFSI 

SSCs considered not-important-to-safety 

would not provide a commensurate 

increase in public safety associated with 

the costs. Therefore, allowing the 

licensee to develop these modules 

separately from its SAT does not impact 

public safety. 

The proposed action would not 

increase the probability or consequences 

of accidents, no changes would be made 

to the types of effluents released offsite, 

and there would be no increase in 

occupational or public radiation 

exposure. Therefore, there are no 

significant radiological environmental 

impacts associated with the proposed 

action. 

The potential environmental impact 

of using the NAC–MPC System was 

initially presented in the Environmental 

Assessment for the Final Rule to add the 

NAC–MPC System to the list of 

approved spent fuel storage casks in 10 

CFR 72.214 (65 FR 12444, dated March 

9, 2000), as revised in Amendment No. 

1 (66 FR 45749, dated August 30, 2001), 

in Amendment No. 2 (67 FR 11566, 

dated March 15, 2002), in Amendment 

No. 3 (68 FR 42570, dated July 18, 

2003), and in Amendment No. 4 (69 FR 

50053, dated August 13, 2004). 

With regard to potential nonradiological impacts, the proposed 

action does not have a potential to affect 

any historic sites. It does not affect nonradiological plant effluents and has no 

other environmental impact. Therefore, 

there are no significant non-radiological 

environmental impacts associated with 

the proposed action. 

Accordingly, the NRC concludes that 

there are no significant environmental 

impacts associated with the proposed 

action. 

Alternatives to the Proposed Action 

Since there is no significant 

environmental impact associated with 

the proposed action, alternatives with 

equal or greater environmental impacts 

were not evaluated. As an alternative to 

the proposed action, the staff considered 

denial of the proposed action. Denial of 

the exemption request would have the 

same environmental impact as the 

proposed action. 

Agencies and Persons Consulted 

On July 6, 2005, the staff consulted 

with Mr. Michael Firsick of the 

Connecticut Department of 

Environmental Protection, Division of 

Radiation, regarding the environmental 

impact of the proposed action. He had 

no comments. The NRC staff has 

determined that a consultation under 

Section 7 of the Endangered Species Act 

is not required because the proposed 

action will not affect listed species or 

critical habitat. The NRC staff has also 

determined that the proposed action is 

not a type of activity having the 

potential to cause effects on historic 

properties. Therefore, no further 

consultation is required under Section 

106 of the National Historic 

Preservation Act. 

Finding of No Significant Impact 

The environmental impacts of the 

proposed action have been reviewed in 

accordance with the requirements set 

forth in 10 CFR part 51. Based upon the 

foregoing Environmental Assessment, 

the NRC finds that the proposed action 

of granting an exemption from 10 CFR 

72.212(a)(2), 72.212(b)(2)(I), 

72.212(b)(7), and 72.214 and not 

requiring the licensee to develop 

training modules under its SAT that 

includes comprehensive instructions for 

the operation and maintenance of the 

ISFSI, except for the NAC-MPC will not 

significantly impact the quality of the 

human environment. Accordingly, the 

NRC has determined not to prepare an 

environmental impact statement for the 

proposed action. 

For further details with respect to this 

exemption request, see CYAPCO’s letter 

dated June 1, 2005. The exemption 

request was docketed under 10 CFR 72, 

Docket No. 72–39. The NRC maintains 

an Agencywide Documents Access and 

Management System (ADAMS), which 

provides text and image files of NRC’s 

public documents. These documents 

may be accessed through the NRC’s 

Public Electronic Reading Room on the 

Internet at http://www.nrc.gov/readingrm/adams/web-based.html. 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, or 

301–415–4737, or by e-mail at 

pdr@nrc.gov. 

Dated at Rockville, Maryland, this 31st day 

of August, 2005. 

For the Nuclear Regulatory Commission. 

L. Raynard Wharton, 

Project Manager, Spent Fuel Project Office, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 05–17970 Filed 9–9–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–19526] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment for Elan Operations, Inc., 

Princeton, NJ Facility 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Availability. 

FOR FURTHER INFORMATION CONTACT: John 

Nicholson, Commercial and R&D 

Branch, Division of Nuclear Materials 

Safety, Region I, 475 Allendale Road, 

King of Prussia, Pennsylvania, 19406, 

telephone (610) 337–5236, fax (610) 

337–5269; or by e-mail: jjn@nrc.gov. 

SUPPLEMENTARY INFORMATION:

I. Introduction 

The Nuclear Regulatory Commission 

(NRC) is issuing a license amendment to 

Elan Operations, Inc. (formerly Elan 

Pharmaceuticals and The Liposome 

Company), Materials License No. 29–

19918–01, to authorize release of its 

facility in Princeton, New Jersey for 

unrestricted use. NRC has prepared an 

Environmental Assessment (EA) in 

support of this action in accordance 

with the requirements of 10 CFR part 

51. Based on the EA, the NRC has 

concluded that a Finding of No 

Federal Register / Vol. 70, No. 175 / Monday, September 12, 2005 / Notices 53815 

Significant Impact (FONSI) is 

appropriate. The amendment will be 

issued following the publication of this 

Notice. 

II. EA Summary 

The purpose of the action is to 

authorize the release of the licensee’s 

Princeton, New Jersey facility for 

unrestricted use. Elan Operations, Inc. 

(known as The Liposome Company at 

the time) was authorized by NRC from 

April 23, 1982, to use radioactive 

materials for research and development 

purposes at the site. On February 26, 

2005, Elan Operations, Inc. requested 

that NRC release the facility for 

unrestricted use. Elan Operations, Inc. 

has conducted surveys of the facility 

and provided information to the NRC to 

demonstrate that the site meets the 

license termination criteria in subpart E 

of 10 CFR part 20 for unrestricted use. 

The NRC staff has prepared an EA in 

support of the license amendment. The 

facility was remediated and surveyed 

prior to the licensee requesting the 

license amendment. The NRC staff has 

reviewed the information and final 

status survey submitted by Elan 

Operations, Inc. Based on its review, the 

staff has determined that there are no 

additional remediation activities 

necessary to complete the proposed 

action. Therefore, the staff considered 

the impact of the residual radioactivity 

at the facility and concluded that since 

the residual radioactivity meets the 

requirements in subpart E of 10 CFR 

part 20, a Finding of No Significant 

Impact is appropriate. 

III. Finding of No Significant Impact 

The staff has prepared the EA 

(summarized above) in support of the 

license amendment to terminate the 

license and release the facility for 

unrestricted use. The NRC staff has 

evaluated Elan Operations, Inc.’s 

request and the results of the surveys 

and has concluded that the completed 

action complies with the criteria in 

Subpart E of 10 CFR Part 20. The staff 

has found that the radiological 

environmental impacts from the action 

are bounded by the impacts evaluated 

by NUREG–1496, Volumes 1–3, 

‘‘Generic Environmental Impact 

Statement in Support of Rulemaking on 

Radiological Criteria for License 

Termination of NRC-Licensed 

Facilities’’ (ML042310492, 

ML042320379, and ML042330385). 

Additionally, no non-radiological or 

cumulative impacts were identified. On 

the basis of the EA, the NRC has 

concluded that the environmental 

impacts from the action are expected to 

be insignificant and has determined not 

to prepare an environmental impact 

statement for the action. 

IV. Further Information 

Documents related to this action, 

including the application for the 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 

Document Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The ADAMS accession 

numbers for the documents related to 

this Notice are: The Environmental 

Assessment (ML052450172); Letter 

dated November 5, 2003 requesting the 

amendment and including the plan for 

decommissioning (ML033090192); 

Letter dated June 16, 2004 providing 

additional information (ML041820304); 

Letter dated February 26, 2005 

(ML050980018); Final Status Survey 

Volumes 1 and 2 (ML050980055 and 

ML050980057); and Letter dated April 

19, 2005 providing additional 

information (ML051300383). Persons 

who do not have access to ADAMS or 

who encounter problems in accessing 

the documents located in ADAMS, 

should contact the NRC PDR Reference 

staff by telephone at (800) 397–4209 or 

(301) 415–4737, or by e-mail to 

pdr@nrc.gov. 

Documents related to operations 

conducted under this license not 

specifically referenced in this Notice 

may not be electronically available and/ 

or may not be publicly available. 

Persons who have an interest in 

reviewing these documents should 

submit a request to the NRC under the 

Freedom of Information Act (FOIA). 

Instructions for submitting a FOIA 

request can be found on the NRC’s Web 

site at http://www.nrc.gov/reading-rm/ 

foia-privacy.html. 

Dated at King of Prussia, Pennsylvania this 

2nd day of September, 2005. 

For the Nuclear Regulatory Commission. 

James P. Dwyer, 

Chief, Commercial and R&D Branch, Division 

of Nuclear Materials Safety Region I. 

[FR Doc. 05–17972 Filed 9–9–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Act Meeting 

DATES: Week of September 5, 2005. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

MATTERS TO BE CONSIDERED: 

Week of September 5, 2005 

Friday, September 9, 2005 

9 a.m. Affirmation Session (Public 

Meeting) (Tentative) 

a. Private Fuel Storage (Independent 

Spent Fuel Storage Installation) 

Docket No. 72–22–ISFSI; Review of 

Utah Contention K (Aircraft Crash 

Hazards) Rulings (Tentative). 

* * * * * 

The Affirmation Session tentatively 

scheduled on Thursday, September 9, 

2005, at 9:25 a.m. has been rescheduled 

tentatively on Friday, September 9, 

2005, at 9 a.m. 

* 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: 

Michelle Schroll, (301) 415–1662. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/what-we-do/ 

policy-making/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, 

August Spector, at (301) 415–7080, 

TDD: (301) 415–2100, or by e-mail at 

aks@nrc.gov. Determinations on 

requests for reasonable accommodation 

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

* * * * * 

This notice is distributed by mail to 

several hundred 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). 

In addition, distribution of this meeting 

notice over the Internet system is 

available. If you are interested in 

receiving this Commission meeting 

schedule electronically, please send an 

electronic message to dkw@nrc.gov. 

Dated: September 7, 2005. 

R. Michelle Schroll, 

Office of the Secretary. 

[FR Doc. 05–18070 Filed 9–8–05; 8:45 am] 

BILLING CODE 7590–01–M