Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 25301 

recombinant DNA is introduced into E. 

coli which can be cultured to produce 

large quantities of the recombinant DNA 

for analysis and sequencing. E. coli 

engineered for routine cloning purposes 

belongs to the K–12 strain, which 

generally cannot survive outside the 

Lab. All cells will be autoclaved within 

the Lab to destroy all active cells. 

Location: Palmer and McMurdo 

Station laboratories. 

Dates: August 13, 2010 to March 1, 

2011. 

Nadene G. Kennedy, 

Permit Officer, Office of Polar Programs. 

[FR Doc. 2010–10756 Filed 5–6–10; 8:45 am] 

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NUCLEAR REGULATORY 

COMMISSION 

[DOCKET NO. 70–143; NRC–2010–0175] 

Nuclear Fuel Services, Inc.; 

Environmental Assessment and 

Finding of No Significant Impact for 

Proposed Extension of Deadline for 

Inventory of Special Nuclear Material 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Environmental Assessment and 

Finding of No Significant Impact. 

FOR FURTHER INFORMATION CONTACT: 

Kevin M. Ramsey, Project Manager, Fuel 

Cycle Facilities Branch, Division of Fuel 

Cycle Safety and Safeguards, Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Mail Stop EBB–2C40M, Rockville, MD 

20555–0001, Telephone (301) 492–3123; 

Fax (301) 492–3359; e-mail 

kevin.ramsey@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) staff is considering 

the issuance of a license amendment to 

Materials License SNM–124 to Nuclear 

Fuel Services, Inc. (NFS) (the licensee) 

to grant a one-time exemption from an 

inventory requirement for strategic 

special nuclear material. NRC 

regulations at Title 10 of the Code of 

Federal Regulations (10 CFR) 74.59(f)(1) 

state that a physical inventory of 

strategic special nuclear material must 

occur every six months. By letter dated 

March 10, 2010, NFS requested a 

temporary exemption from this 

requirement. 

The NRC has prepared an 

Environmental Assessment (EA) in 

support of this amendment and 

exemption request 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; therefore, an 

Environmental Impact Statement (EIS) 

will not be prepared. 

II. Environmental Assessment 

Background 

The NFS facility in Erwin, Tennessee 

is authorized, under License SNM–124 

to manufacture high-enriched nuclear 

reactor fuel. In addition, NFS is 

authorized to blend highly enriched 

uranium with natural uranium and 

manufacture low-enriched nuclear 

reactor fuel. Currently, several 

processing lines are in a safe-shutdown 

mode, in accordance with Confirmatory 

Action Letter No. 02–2010–001 dated 

January 7, 2010. Operations were shut 

down without the usual material 

processing/clean-out that is required to 

be undertaken as part of a measured 

physical inventory. NFS is currently in 

the process of implementing program 

improvements and conducting 

operational readiness reviews which 

must be reviewed and approved by NRC 

before each process line is restarted. 

After operations are authorized, each 

process line must be operated to process 

the material to a suitable form that will 

enable a measurable physical inventory 

to occur. NFS requests that the 

inventory reporting date be extended 

until 90 days after all processing lines 

are authorized to restart operations, a 

date which is currently unknown. 

Review Scope 

The purpose of this EA is to assess the 

environmental impacts of the requested 

license amendment and exemption. It 

does not approve the request. This EA 

is limited to the proposed exemption 

and any cumulative impacts on existing 

plant operations. The existing 

conditions and operations for the Erwin 

facility were evaluated by NRC for 

environmental impacts in a 1999 EA 

related to the renewal of the NFS license 

(Ref. 1) and a 2002 EA related to the first 

amendment for the Blended LowEnriched Uranium (BLEU) Project (Ref. 

2). The 2002 EA assessed the impact of 

the entire BLEU Project using 

information available at that time. A 

2003 EA (Ref. 3) and a 2004 EA (Ref. 4), 

related to additional BLEU Project 

amendments, confirmed the FONSI 

issued in 2002. 

Proposed Action 

The proposed action is to amend NRC 

Materials License SNM–124 to grant a 

one-time exemption from the 

requirement to take a physical inventory 

of strategic special nuclear material 

every six months. The exemption would 

authorize NFS to submit the physical 

inventory results after NRC has 

authorized the restart of all operations 

currently shutdown, and after NFS has 

had an opportunity to then process the 

material and complete the inventory. 

The proposed action is limited to the 

reporting deadline only. No change to 

processing, packaging, or storage 

operations is requested, and no 

construction of new facilities is 

requested. 

Need for Proposed Action 

The proposed action is being 

requested because NFS had to secure 

operations in several processing lines to 

implement program improvements. NFS 

has committed to maintain the 

processing lines in a safe-shutdown 

mode until NRC authorizes restart of 

operations. Regulations in 10 CFR 

74.59(f)(1) require a physical inventory 

of strategic special nuclear material 

every six months. To comply with this 

regulation, the material must be 

processed into a form that can be 

inventoried. Material in the processing 

lines is not in a form that can be 

inventoried, and it cannot be processed 

into the proper form until the restart of 

operations is authorized. 

Alternatives 

The alternatives available to NRC are: 

1. Approve the requested action as 

described, or 

2. No action (i.e., deny the request). 

Affected Environment 

The affected environment for the 

proposed action and the no action 

alternative is the NFS site. The NFS 

facility is located in Unicoi County, 

Tennessee, about 32 km (20 mi) 

southwest of Johnson City, Tennessee. 

The facility is within the Erwin city 

limits. The affected environment is 

identical to the affected environment 

assessed in the 2002 EA related to the 

first amendment for the BLEU Project 

(Ref. 2). A full description of the site 

and its characteristics are given in the 

2002 EA. Additional information can be 

found in the 1999 EA related to the 

renewal of the NFS license (Ref. 1). The 

site occupies about 28 hectares (70 

acres). The site is bounded to the 

northwest by the CSX Corporation 

(CSX) railroad property and the 

Nolichucky River; and by Martin Creek 

to the northeast. The plant elevation is 

about 9 m (30 ft) above the nearest point 

on the Nolichucky River. 

The area adjacent to the site consists 

primarily of residential, industrial, and 


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25302 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

commercial areas, with a limited 

amount of farming to the northwest. 

Privately owned residences are located 

to the east and south of the facility. 

Tract size is relatively large, leading to 

a low housing density in the areas 

adjacent to the facility. The CSX 

railroad right-of-way is parallel to the 

western boundary of the site. Industrial 

development is located adjacent to the 

railroad on the opposite side of the 

right-of-way. The site is bounded by 

Martin Creek to the north with privately 

owned, vacant property and low-density 

residences. 

Environmental Impacts of Proposed 

Action and Alternatives 

1. Occupational and Public Health 

Proposed Action 

The occupational and public health 

impacts from the proposed action are 

essentially the same as those considered 

in the previous environmental 

assessments. If the exemption is 

granted, inactive processing lines will 

remain in a safe-shutdown mode, which 

will reduce the emissions from normal 

operations and reduce the risk of 

accidents. However, the reductions 

would be so small that the differences 

would be negligible. 

No Action 

Denying this amendment request 

would not result in any significant 

difference in the occupational and 

public health impacts when compared 

to the proposed action. If this 

amendment and exemption request is 

denied, the licensee may be cited for 

failing to submit a required report. 

However, the material cannot be 

inventoried until it is processed into an 

appropriate form. The facility will 

continue to implement NRC-approved 

radiation safety procedures for storing 

and handling radioactive materials. 

Thus, the impacts under the ‘‘no action’’ 

alternative will remain within 

acceptable regulatory limits. 

2. Effluent Releases, Environmental 

Monitoring, Water Resources, Geology, 

Soils, Air Quality, Demography, Biota, 

Cultural and Historic Resources 

Proposed Action 

The NRC staff has determined that the 

approval of the proposed action will not 

impact effluent releases, environmental 

monitoring, water resources, geology, 

soils, air quality, demography, biota, or 

cultural or historic resources at or near 

the NFS site. 

No Action 

The NRC staff has determined that 

denial of the proposed action will not 

impact effluent releases, environmental 

monitoring, water resources, geology, 

soils, air quality, demography, biota, or 

cultural or historic resources at or near 

the NFS site. 

Conclusion 

Based on its review, the NRC has 

concluded that the environmental 

impacts associated with the proposed 

action are not significant and, therefore, 

do not warrant the preparation of an 

EIS. The NRC has determined that the 

proposed action, approval of the license 

amendment and exemption as 

described, is the appropriate alternative 

for selection. Based on an evaluation of 

the environmental impacts of the 

proposed action, the NRC has 

determined that the proper action is to 

issue a FONSI. 

Agencies and Persons Contacted 

On April 26, 2010, the NRC staff 

contacted the Division of Radiological 

Health in the Tennessee Department of 

Environment and Conservation (TDEC) 

concerning this EA. On April 30, 2010, 

TDEC responded that it had reviewed 

the draft EA and had no comments (Ref. 

6). 

The NRC staff has determined that the 

proposed action will not affect listed 

species or critical habitat. Therefore, no 

consultation is required under Section 7 

of the Endangered Species Act. 

Likewise, the NRC staff has determined 

that the proposed action is not the type 

of activity that has the potential to cause 

effects on historic properties. Therefore, 

no consultation is required under 

Section 106 of the National Historic 

Preservation Act. 

References 

1. U.S. Nuclear Regulatory Commission, 

‘‘Environmental Assessment for Renewal 

of Special Nuclear Material License No. 

SNM–124,’’ January 1999, ADAMS 

Accession No. ML050600258. 

2. U.S. Nuclear Regulatory Commission, 

‘‘Environmental Assessment for 

Proposed License Amendments to 

Special Nuclear Material License No. 

SNM–124 Regarding Downblending and 

Oxide Conversion of Surplus HighEnriched Uranium,’’ June 2002, ADAMS 

Accession No. ML050540096. 

3. U.S. Nuclear Regulatory Commission, 

‘‘Environmental Assessment and Finding 

of No Significant Impact for the BLEU 

Preparation Facility,’’ September 2003, 

ADAMS Accession No. ML032390428. 

4. U.S. Nuclear Regulatory Commission, 

‘‘Environmental Assessment and Finding 

of No Significant Impact for the Oxide 

Conversion Building and the Effluent 

Processing Building at the BLEU 

Complex,’’ June 2004, ADAMS Accession 

No. ML041470176. 

5. Nuclear Fuel Services, ‘‘Request for OneTime Exemption,’’ March 10, 2010, 

ADAMS Accession No. ML100760326. 

6. R. Crosslin, Tennessee Division of 

Radiological Health, e-mail to K. 

Ramsey, U.S. Nuclear Regulatory 

Commission, ‘‘EA for NFS Exemption,’’ 

April 30, 2010, ADAMS Accession No. 

ML101200082. 

III. Finding of No Significant Impact 

Pursuant to 10 CFR part 51, the NRC 

staff has considered the environmental 

consequences of amending NRC 

Materials License SNM–124 to grant a 

one-time exemption from the physical 

inventory deadline for strategic special 

nuclear material. On the basis of this 

EA, the NRC has concluded that there 

are no significant environmental 

impacts associated with the proposed 

amendment and has determined not to 

prepare an EIS for the proposed 

amendment. 

IV. Further Information 

The documents referenced in this 

Notice may be made available to 

interested parties pursuant to a 

protective order and subject to 

applicable security requirements upon a 

showing that the party has an interest 

that may be affected by the proposed 

action. 

Dated at Rockville, Maryland, this 30th day 

of April 2010. 

For the Nuclear Regulatory Commission. 

Peter J. Habighorst, 

Chief, Fuel Cycle Facilities Branch, Division 

of Fuel Cycle Safety and Safeguards, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2010–10828 Filed 5–6–10; 8:45 am] 

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Advisory Committee on Reactor 

Safeguards (ACRS) Meeting of the 

ACRS Subcommittee on ESBWR 

The ACRS Subcommittee on ESBWR 

will hold a meeting on May 18–19, 

2010, Room T–2B1, 11545 Rockville 

Pike, Rockville, Maryland. 

The entire meeting will be open to 

public attendance, with the exception of 

a portion that may be closed to protect 

information that is proprietary to 

General Electric-Hitachi Nuclear 

Americas, LLC (GEH) and its contractors 

pursuant to 5 U.S.C. 552b(c)(4). 

The agenda for the subject meeting 

shall be as follows: 

Tuesday, May 18, 2010—8:30 a.m. 

until 5 p.m.; Wednesday, May 19, 

2010—8:30 a.m.–12 p.m. 

The Subcommittee will discuss 

Chapters 4, 8, 6, and 9 of the Safety 

Evaluation Report associated with the 


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