70894 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

1The radioactive materials are: (a) Byproduct 

materials as defined in section 11e.(1) of the Act; 

(b) byproduct materials as defined in section 11e.(2) 

of the Act; (c) source materials as defined in section 

11z. of the Act; and (d) special nuclear materials as 

defined in section 11aa. of the Act, restricted to 

quantities not sufficient to form a critical mass. 

NUCLEAR REGULATORY 

COMMISSION 

State of Minnesota: NRC Draft Staff 

Assessment of a Proposed Agreement 

Between the Nuclear Regulatory 

Commission and the State of 

Minnesota 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of a Proposed Agreement 

with the State of Minnesota. 

SUMMARY: By letter dated July 6, 2004, 

Governor Tim Pawlenty of Minnesota 

requested that the U. S. Nuclear 

Regulatory Commission (NRC) enter 

into an Agreement with the State as 

authorized by section 274 of the Atomic 

Energy Act of 1954, as amended (Act). 

Under the proposed Agreement, the 

Commission would discontinue, and 

Minnesota would assume, portions of 

the Commission’s regulatory authority 

exercised within the State. As required 

by the Act, NRC is publishing the 

proposed Agreement for public 

comment. NRC is also publishing the 

summary of a Draft Staff Assessment of 

the Minnesota Program. Comments are 

requested on the proposed Agreement 

and the NRC Draft Staff Assessment 

which finds the Program adequate to 

protect public health and safety and 

compatible with NRC’s program for 

regulation of agreement material. 

The proposed Agreement would 

release (exempt) persons who possess or 

use certain radioactive materials in 

Minnesota from portions of the 

Commission’s regulatory authority. The 

Act requires that NRC publish those 

exemptions. Notice is hereby given that 

the pertinent exemptions have been 

previously published in the Federal 

Register and are codified in the 

Commission’s regulations as 10 CFR 

part 150. 

DATES: The comment period expires 

December 9, 2005. Comments received 

after this date will be considered if it is 

practical to do so, but the Commission 

cannot assure consideration of 

comments received after the expiration 

date. 

ADDRESSES: Written comments may be 

submitted to Mr. Michael T. Lesar, 

Chief, Rules and Directives Branch, 

Division of Administrative Services, 

Office of Administration, Washington, 

DC 20555–0001. Comments may be 

submitted electronically at 

nrcrep@nrc.gov. 

The NRC maintains an Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents may be 

accessed through the NRC’s Public 

Electronic Reading Room on the Internet 

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

adams.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 

(800) 397–4209, or (301) 415–4737, or 

by e-mail to pdr@nrc.gov. 

Copies of comments received by NRC 

may be examined at the NRC Public 

Document Room, 11555 Rockville Pike, 

Public File Area O–1–F21, Rockville, 

Maryland. Copies of the request for an 

Agreement by the Governor of 

Minnesota including all information 

and documentation submitted in 

support of the request, and copies of the 

full text of the NRC Draft Staff 

Assessment are also available for public 

inspection in the NRC’s Public 

Document Room—ADAMS Accession 

Numbers: ML041960496, ML041960499, 

ML052440344, ML050130375, 

ML050140452, ML051330043, 

ML051740384, ML051650073, 

ML052200424, and ML053060372. 

FOR FURTHER INFORMATION CONTACT: 

Cardelia Maupin, Office of State and 

Tribal Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. Telephone (301) 415–

3340 or e-mail CHM1@nrc.gov. 

SUPPLEMENTARY INFORMATION: Since 

section 274 of the Act was added in 

1959, the Commission has entered into 

Agreements with 33 States. The 

Agreement States currently regulate 

approximately 17,200 agreement 

material licenses, while NRC regulates 

approximately 4,700 licenses. Under the 

proposed Agreement, approximately 

167 NRC licenses will transfer to 

Minnesota. NRC periodically reviews 

the performance of the Agreement States 

to assure compliance with the 

provisions of section 274. 

Section 274e requires that the terms of 

the proposed Agreement be published 

in the Federal Register for public 

comment once each week for four 

consecutive weeks. This Notice is being 

published in fulfillment of the 

requirement. 

I. Background 

(a) Section 274d of the Act provides 

the mechanism for a State to assume 

regulatory authority, from the NRC, over 

certain radioactive materials 1 and 

activities that involve use of the 

materials. 

In a letter dated July 6, 2004, 

Governor Pawlenty certified that the 

State of Minnesota has a program for the 

control of radiation hazards that is 

adequate to protect public health and 

safety within Minnesota for the 

materials and activities specified in the 

proposed Agreement, and that the State 

desires to assume regulatory 

responsibility for these materials and 

activities. Included with the letter was 

the text of the proposed Agreement, 

which is shown in Appendix A to this 

Notice. 

The radioactive materials and 

activities (which together are usually 

referred to as the ‘‘categories of 

materials’’) which the State of 

Minnesota requests authority over are: 

(1) The possession and use of byproduct 

materials as defined in section 11e.(1) of 

the Act; (2) the possession and use of 

source materials; and (3) the possession 

and use of special nuclear materials in 

quantities not sufficient to form a 

critical mass, as provided for in 

regulations or orders of the Commission. 

(b) The proposed Agreement contains 

articles that: 

—Specify the materials and activities 

over which NRC’s authority is 

discontinued and transferred; 

—Specify the activities over which the 

Commission will retain regulatory 

authority; 

—Continue the authority of the 

Commission to safeguard nuclear 

materials and restricted data; 

—Commit the State of Minnesota and 

NRC to exchange information as 

necessary to maintain coordinated 

and compatible programs; 

—Provide for the reciprocal recognition 

of licenses; 

—Provide for the amendment, 

suspension or termination of the 

Agreement; and 

—Specify the effective date of the 

proposed Agreement. 

The Commission reserves the option 

to modify the terms of the proposed 

Agreement in response to comments, to 

correct errors, and to make editorial 

changes. The final text of the 

Agreement, with the effective date, will 

be published after the Agreement is 

approved by the Commission, and 

signed by the Chairman of the 

Commission and the Governor of 

Minnesota. 

(c) Minnesota currently registers users 

of naturally-occurring and acceleratorproduced radioactive materials. 

Authority for Minnesota’s radiation 

control unit and proposed Agreement 

State activities is primarily found in 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70895 

Minnesota Statutes, sections 144.12–

144.121, and in the Minnesota Rules 

Chapter 4731. Section 144.1202 

provides the authority for the Governor 

to enter into an Agreement with the 

Commission and contains provisions for 

the orderly transfer of regulatory 

authority over affected licensees from 

NRC to the State. After the effective date 

of the Agreement, licenses issued by 

NRC would continue in effect as 

Minnesota licenses until the licenses 

expire or are replaced by State-issued 

licenses. 

(d) The NRC Draft Staff Assessment 

finds that the Minnesota Program is 

adequate to protect public health and 

safety, and is compatible with the NRC 

program for the regulation of agreement 

materials. 

II. Summary of the NRC Draft Staff 

Assessment of the Minnesota Program 

for the Control of Agreement Materials 

NRC staff has examined the 

Minnesota request for an Agreement 

with respect to the ability of the 

Minnesota radiation control program to 

regulate agreement materials. The 

examination was based on the 

Commission’s policy statement ‘‘Criteria 

for Guidance of States and NRC in 

Discontinuance of NRC Regulatory 

Authority and Assumption Thereof by 

States Through Agreement’’ (referred to 

herein as the ‘‘NRC criteria’’), published 

on January 23, 1981 (46 FR 7540), as 

amended by policy statements 

published on July 16, 1981 (46 FR 

36969), and on July 21, 1983 (48 FR 

33376). 

(a) Organization and Personnel. The 

agreement materials program will be 

located within the existing 

Environmental Health Division 

(Program) of the Minnesota Department 

of Health (MDH). The Program will be 

responsible for implementation of all 

regulatory activities related to the 

proposed Agreement. 

The educational requirements for the 

Program staff members are specified in 

the Minnesota State personnel position 

descriptions, and meet the NRC criteria 

with respect to formal education or 

combined education and experience 

requirements. All current staff members 

hold at least bachelor’s degrees in 

physical or life sciences, or have a 

combination of education and 

experience at least equivalent to a 

bachelor’s degree. Several staff members 

hold advanced degrees, and all staff 

members have had additional training 

plus working experience in radiation 

protection. The Program supervisor has 

more than 20 years work experience in 

radiation protection. 

The Program performed, and NRC 

staff reviewed, an analysis of the 

expected Program workload under the 

proposed Agreement. Based on the NRC 

staff review of the State’s staff analysis, 

Minnesota has an adequate number of 

staff to regulate radioactive materials 

under the terms of the Agreement. The 

Program will employ a staff of 3.5 fulltime professional/technical and 

administrative employees for the 

agreement materials program. The 

distribution of the qualifications of the 

individual staff members will be 

balanced to the distribution of 

categories of licensees transferred from 

NRC. 

(b) Legislation and Regulations. The 

MDH is designated by law in section 

144.1202 of the Minnesota Statutes to be 

the radiation control agency. The law 

provides the MDH the authority to issue 

licenses, issue orders, conduct 

inspections, and to enforce compliance 

with regulations, license conditions, 

and orders. Licensees are required to 

provide access to inspectors. The MDH 

is authorized to promulgate regulations. 

The State’s regulations are found in 

Minnesota Rules Chapter 4731 effective 

June 2004. The NRC staff reviewed and 

forwarded comments on these 

regulations to the Minnesota staff. The 

NRC staff review verified that, with the 

comments incorporated, the Minnesota 

rules, and with the addition of legally 

binding requirements to incorporate 

recent changes to 10 CFR part 35 and 71 

contain all of the provisions that are 

necessary in order to be compatible with 

the regulations of the NRC on the 

effective date of the Agreement between 

the State and the Commission. The 

MDH has extended the effect of the 

rules, where appropriate, to apply to 

naturally-occurring or acceleratorproduced radioactive materials (NARM), 

in addition to agreement materials. The 

NRC staff is satisfied that the Minnesota 

Program, will not regulate in areas 

reserved to the NRC in matters 

concerning or affecting the proposed 

Agreement. 

(c) Storage and Disposal. Minnesota 

has also adopted NRC compatible 

requirements for the handling and 

storage of radioactive material. 

Minnesota will not seek authority to 

regulate the land disposal of radioactive 

material as waste. The Minnesota waste 

disposal requirements cover the 

preparation, classification and 

manifesting of radioactive waste, 

generated by Minnesota licensees, for 

transfer for disposal to an authorized 

waste disposal site or broker. 

(d) Transportation of Radioactive 

Material. Minnesota has adopted 

regulations compatible with NRC 

regulations in 10 CFR part 71. Part 71 

contains the requirements that licensees 

must follow when preparing packages 

containing radioactive material for 

transport. Part 71 also contains 

requirements related to the licensing of 

packaging for use in transporting 

radioactive materials. 

(e) Recordkeeping and Incident 

Reporting. Minnesota has adopted the 

sections compatible with the NRC 

regulations which specify requirements 

for licensees to keep records, and to 

report incidents, accidents, or events 

involving materials. 

(f) Evaluation of License Applications. 

Minnesota has adopted regulations 

compatible with the NRC regulations 

that specify the requirements which a 

person must meet in order to get a 

license to possess or use radioactive 

materials. Minnesota has also developed 

a licensing procedures manual, along 

with the accompanying regulatory 

guides, which are adapted from similar 

NRC documents and contain guidance 

for the Program staff when evaluating 

license applications. 

(g) Inspections and Enforcement. The 

Minnesota radiation control program 

has adopted a schedule providing for 

the inspection of licensees as frequently 

as the inspection schedule used by NRC. 

The Program has adopted procedures for 

the conduct of inspections, the reporting 

of inspection findings, and the reporting 

of inspection results to the licensees. 

The Program has also adopted, by rule 

based on the Minnesota Statutes, 

procedures for the enforcement of 

regulatory requirements. 

(h) Regulatory Administration. The 

MDH is bound by requirements 

specified in State law for rulemaking, 

issuing licenses, and taking enforcement 

actions. The Program has also adopted 

administrative procedures to assure fair 

and impartial treatment of license 

applicants. Minnesota law prescribes 

standards of ethical conduct for State 

employees. 

(i) Cooperation with Other Agencies. 

Minnesota law deems the holder of an 

NRC license on the effective date of the 

proposed Agreement to possess a like 

license issued by Minnesota. The law 

provides that these former NRC licenses 

will expire on the date of expiration 

specified in the NRC license. 

Minnesota also provides for ‘‘timely 

renewal.’’ This provision affords the 

continuance of licenses for which an 

application for renewal has been filed 

more than 30 days prior to the date of 

expiration of the license. NRC licenses 

transferred while in timely renewal are 

included under the continuation 

provision. Minnesota Rules Chapter 

4731 provides exemptions from the 

70896 Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 

State’s requirements for licensing of 

sources of radiation for NRC and U.S. 

Department of Energy contractors or 

subcontractors. The proposed 

Agreement commits Minnesota to use 

its best efforts to cooperate with the 

NRC and the other Agreement States in 

the formulation of standards and 

regulatory programs for the protection 

against hazards of radiation and to 

assure that the Minnesota Program will 

continue to be compatible with the 

NRC’s program for the regulation of 

agreement materials. The proposed 

Agreement stipulates the desirability of 

reciprocal recognition of licenses, and 

commits the Commission and 

Minnesota to use their best efforts to 

accord such reciprocity. 

III. Staff Conclusion 

Subsection 274d of the Act provides 

that the Commission shall enter into an 

agreement under subsection 274b with 

any State if: 

(a) The Governor of the State certifies 

that the State has a program for the 

control of radiation hazards adequate to 

protect public health and safety with 

respect to the agreement materials 

within the State, and that the State 

desires to assume regulatory 

responsibility for the agreement 

materials; and 

(b) The Commission finds that the 

State program is in accordance with the 

requirements of subsection 274o, and in 

all other respects compatible with the 

NRC’s program for the regulation of 

materials, and that the State program is 

adequate to protect public health and 

safety with respect to the materials 

covered by the proposed Agreement. 

On the basis of its Draft Staff 

Assessment, the NRC staff concludes 

that the State of Minnesota meets the 

requirements of the Act. The State’s 

program, as defined by its statutes, 

regulations, personnel, licensing, 

inspection, and administrative 

procedures, is compatible with the 

program of the NRC and adequate to 

protect public health and safety with 

respect to the materials covered by the 

proposed Agreement. 

NRC will continue the formal 

processing of the proposed Agreement 

which includes publication of this 

Notice once a week for four consecutive 

weeks for public review and comment. 

Dated at Rockville, Maryland, this 7th day 

of November, 2005. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

Appendix A—An Agreement Between 

the United States Nuclear Regulatory 

Commission and the State of Minnesota 

for the Discontinuance of Certain 

Commission Regulatory Authority and 

Responsibility within the State 

Pursuant to Section 274 of the Atomic 

Energy Act of 1954, as Amended 

Whereas, The United States Nuclear 

Regulatory Commission (hereinafter referred 

to as the Commission) is authorized under 

section 274 of the Atomic Energy Act of 

1954, as amended (hereinafter referred to as 

the Act), to enter into agreements with the 

Governor of any State providing for 

discontinuance of the regulatory authority of 

the Commission within the State under 

Chapters 6, 7, and 8, and section 161 of the 

Act with respect to byproduct materials as 

defined in sections 11e.(1) and (2) of the Act, 

source materials, and special nuclear 

materials in quantities not sufficient to form 

a critical mass; and, 

Whereas, The Governor of the State of 

Minnesota is authorized under § 144.1202, 

Subdivision 1, Minnesota Statutes, to enter 

into this Agreement with the Commission; 

and, 

Whereas, The Governor of the State of 

Minnesota certified on July 6, 2004, that the 

State of Minnesota (hereinafter referred to as 

the State) has a program for the control of 

radiation hazards adequate to protect public 

health and safety with respect to the 

materials within the State covered by this 

Agreement, and that the State desires to 

assume regulatory responsibility for such 

materials; and, 

Whereas, The Commission found on [date] 

that the program of the State for the 

regulation of the materials covered by this 

Agreement is compatible with the 

Commission’s program for the regulation of 

such materials and is adequate to protect 

public health and safety; and, 

Whereas, The State and the Commission 

recognize the desirability and importance of 

cooperation between the Commission and the 

State in the formulation of standards for 

protection against hazards of radiation and in 

assuring that State and Commission programs 

for protection against hazards of radiation 

will be coordinated and compatible; and, 

Whereas, The Commission and the State 

recognize the desirability of the reciprocal 

recognition of licenses, and of the granting of 

limited exemptions from licensing of those 

materials subject to this Agreement; and, 

Whereas, This Agreement is entered into 

pursuant to the provisions of the Atomic 

Energy Act of 1954, as amended; 

Now, therefore, It is hereby agreed between 

the Commission and the Governor of the 

State acting in behalf of the State as follows: 

Article I 

Subject to the exceptions provided in 

Articles II, IV, and V, the Commission shall 

discontinue, as of the effective date of this 

Agreement, the regulatory authority of the 

Commission in the State under Chapters 6, 7, 

and 8, and section 161 of the Act with 

respect to the following materials: 

A. Byproduct materials as defined in 

section 11e.(1) of the Act; 

B. Source materials; 

C. Special nuclear materials in quantities 

not sufficient to form a critical mass. 

Article II 

This Agreement does not provide for 

discontinuance of any authority and the 

Commission shall retain authority and 

responsibility with respect to: 

A. The regulation of the construction and 

operation of any production or utilization 

facility or any uranium enrichment facility; 

B. The regulation of the export from or 

import into the United States of byproduct, 

source, or special nuclear materials, or of any 

production or utilization facility; 

C. The regulation of the disposal into the 

ocean or sea of byproduct, source, or special 

nuclear materials waste as defined in the 

regulations or orders of the Commission; 

D. The regulation of the disposal of such 

other byproduct, source, or special nuclear 

materials as the Commission from time to 

time determines by regulation or order 

should, because of the hazards or potential 

hazards thereof, not be so disposed without 

a license from the Commission; 

E. The evaluation of radiation safety 

information on sealed sources or devices 

containing byproduct, source, or special 

nuclear materials and the registration of the 

sealed sources or devices for distribution, as 

provided for in regulations or orders of the 

Commission. 

F. The regulation of the land disposal of 

by-product, source, or special nuclear 

materials waste received from other persons; 

G. The extraction or concentration of 

source material from source material ore and 

the management and disposal of the resulting 

byproduct material. 

Article III 

With the exception of those activities 

identified in Article II, paragraphs A through 

D, this Agreement may be amended, upon 

application by the State and approval by the 

Commission, to include one or more of the 

additional activities specified in Article II, 

paragraphs E, F, and G, whereby the State 

may then exert regulatory authority and 

responsibility with respect to those activities. 

Article IV 

Notwithstanding this Agreement, the 

Commission may from time to time by rule, 

regulation, or order, require that the 

manufacturer, processor, or producer of any 

equipment, device, commodity, or other 

product containing source, byproduct, or 

special nuclear materials shall not transfer 

possession or control of such product except 

pursuant to a license or an exemption from 

licensing issued by the Commission. 

Article V 

This Agreement shall not affect the 

authority of the Commission under 

subsection 161b or 161i of the Act to issue 

rules, regulations, or orders to protect the 

common defense and security, to protect 

restricted data, or to guard against the loss or 

diversion of special nuclear materials. 

Federal Register / Vol. 70, No. 225 / Wednesday, November 23, 2005 / Notices 70897 

Article VI 

The Commission will cooperate with the 

State and other Agreement States in the 

formulation of standards and regulatory 

programs of the State and the Commission for 

protection against hazards of radiation and to 

assure that Commission and State programs 

for protection against hazards of radiation 

will be coordinated and compatible. The 

State agrees to cooperate with the 

Commission and other Agreement States in 

the formulation of standards and regulatory 

programs of the State and the Commission for 

protection against hazards of radiation and to 

assure that the State’s program will continue 

to be compatible with the program of the 

Commission for the regulation of materials 

covered by this Agreement. 

The State and the Commission agree to 

keep each other informed of proposed 

changes in their respective rules and 

regulations, and to provide each other the 

opportunity for early and substantive 

contribution to the proposed changes. 

The State and the Commission agree to 

keep each other informed of events, 

accidents, and licensee performance that may 

have generic implication or otherwise be of 

regulatory interest. 

Article VII 

The Commission and the State agree that 

it is desirable to provide reciprocal 

recognition of licenses for the materials listed 

in Article I licensed by the other party or by 

any other Agreement State. Accordingly, the 

Commission and the State agree to develop 

appropriate rules, regulations, and 

procedures by which such reciprocity will be 

accorded. 

Article VIII 

The Commission, upon its own initiative 

after reasonable notice and opportunity for 

hearing to the State, or upon request of the 

Governor of the State, may terminate or 

suspend all or part of this Agreement and 

reassert the licensing and regulatory 

authority vested in it under the Act if the 

Commission finds that (1) such termination 

or suspension is required to protect public 

health and safety, or (2) the State has not 

complied with one or more of the 

requirements of Section 274 of the Act. The 

Commission may also, pursuant to section 

274j of the Act, temporarily suspend all or 

part of this Agreement if, in the judgment of 

the Commission, an emergency situation 

exists requiring immediate action to protect 

public health and safety and the State has 

failed to take necessary steps. The 

Commission shall periodically review actions 

taken by the State under this Agreement to 

ensure compliance with section 274 of the 

Act which requires a State program to be 

adequate to protect public health and safety 

with respect to the materials covered by this 

Agreement and to be compatible with the 

Commission’s program. 

Article IX 

This Agreement shall become effective on 

[date], and shall remain in effect unless and 

until such time as it is terminated pursuant 

to Article VIII. 

Done at [City, State] this [date] day of 

[month], [year]. 

For the United States Nuclear Regulatory 

Commission. 

Nils J. Diaz, 

Chairman. 

For the State of Minnesota. 

Tim Pawlenty, 

Governor. 

[FR Doc. 05–22581 Filed 11–22–05; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Number 030–34406] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment for Parker Hughes 

Institute, Roseville, MN 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of availability. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Peter J. Lee, Decommissioning Branch, 

Division of Nuclear Materials Safety, 

U.S. Nuclear Regulatory Commission, 

Region III, 2443 Warrenville Road, Lisle, 

Illinois 60532–4352. Telephone: 630–

829–9870; fax number: 630–515–1259; 

e-mail: pjl2@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering 

issuing a license amendment of Material 

License No. 22–26786–01 issued to 

Parker Hughes Institute (the licensee), to 

authorize release of its Bays 12 and 13 

at 2657 Patton Road facility for 

unrestricted use. 

The NRC staff has prepared an 

Environmental Assessment (EA) in 

support of this amendment in 

accordance with the requirements of 10 

CFR Part 51. Based on the EA, the NRC 

has concluded that a Finding of No 

Significant Impact (FONSI) is 

appropriate. The amendment will be 

issued following the publication of this 

Notice. 

II. EA Summary 

The purpose of the proposed action is 

to amend the licensee’s byproduct 

material license and release its Bays 12 

and 13 at 2657 Patton Road facility for 

unrestricted use. On April 18, 1997, the 

Atomic Energy Commission authorized 

the licensee to conduct the radiological 

operations. The primary radioactive 

materials used at 2657 Patton Road 

facility were hydrogen-3, carbon-14, 

phosphorus-32, phosphorus-33, sulfur35, and iodine-125. On September 27, 

2005, the licensee submitted a license 

amendment request to amend its license 

to release its Bays 12 and 13 at 2657 

Patton Road facility for unrestricted use. 

The licensee has conducted surveys of 

the facility and provided information to 

the NRC to demonstrate that the site 

meets the license termination criteria in 

10 CFR 20.1402, ‘‘Radiological Criteria 

for Unrestricted Use.’’

The staff has examined the licensee’s 

request and the information provided in 

support of its request, including the 

surveys performed to demonstrate 

compliance with the release criteria. 

The staff has found that the radiological 

environmental impacts from the 

proposed action are bounded by the 

impacts evaluated in the ‘‘Generic 

Environmental Impact Statement in 

Support of Rulemaking on Radiological 

Criteria for License Termination of NRCLicensed Facilities’’ (NUREG–1496). 

Additionally, no non-radiological or 

cumulative impacts were identified. 

Based on its review, the staff has 

determined that there are no additional 

remediation activities necessary to 

complete the proposed action and a 

Finding of No Significant Impact is 

appropriate. 

III. Finding of No Significant Impact 

On the basis of the EA, the NRC 

concluded that there are no significant 

environmental impacts from the 

proposed amendment and determined 

not to prepare an environmental impact 

statement. 

IV. Further Information 

Documents related to this action, 

including the application for 

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: ML052800438 for the 

September 27, 2005, amendment 

request, ML053110124 for the October 

28, 2005, additional information to the 

amendment request, and ML053180555 

for the EA summarized above. If you do 

not have access to ADAMS or if there 

are problems in accessing the 

documents located in ADAMS, contact 

the NRC’s 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