[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Notices]
[Pages 53907-53908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21654]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-16045]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment Request to Byproduct 
Materials License 45-09599-01 for the Old Dominion University, Norfolk, 
VA

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment.

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FOR FURTHER INFORMATION CONTACT: Thomas Thompson, Senior Health 
Physicist, Commercial and R&D Branch, Division of Nuclear Materials 
Safety, Region I, 475 Allendale Road, King of Prussia, PA 19406. 
Telephone: (610) 337-5303; fax number: (610) 337-5269; e-mail: 
<a href="/cdn-cgi/l/email-protection#d387988793bda1b0fdb4bca5"><span class="__cf_email__" data-cfemail="8fdbc4dbcfe1fdeca1e8e0f9">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of a license renewal to Materials License No. 45-09599-01. 
This license is held by Old Dominion University (Licensee) in Norfolk, 
Virginia. As part of its license renewal, the Licensee has requested an 
exemption from the requirement in 10 CFR 30.32(g) to list sealed 
sources by their manufacturer and model number as registered under the 
provisions of 10 CFR 32.210. The Licensee requested this exemption in a 
letter dated December 13, 2005. 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 license renewal, including the approval of the 
exemption request, 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 renew License No. 45-09599-01, including 
approval of the Licensee's request for exemption submitted on December 
13, 2005. License No. 45-09599-01 was issued on September 11, 1979, 
pursuant to 10 CFR Parts 30, 40, and 70, and has been amended 
periodically since that time. This license authorized the Licensee for 
research and development as defined in 10 CFR 30.4, animal studies, 
teaching and training of students, and calibration and checking of the 
licensee's instruments.
    On October 11, 2005, the Licensee submitted its renewal application 
for License No. 45-09599-01. In a letter dated December 13, 2005, 
submitted in response to an inquiry from the NRC, the Licensee 
requested an exemption from the requirement in 10 CFR 30.32(g) to list 
sealed sources by their manufacturer and model number as registered 
under the provisions of 10 CFR 32.210. In requesting this exemption, 
the Licensee stated that one of the sources in its inventory is a 
custom-made encapsulated sealed source containing 60 mCi of Eu-155 
which has been in its possession since 1982 and has no model number.

Need for the Proposed Action

    The licensee has possessed and used this custom source safely for 
many years. This exemption is needed to authorize the Licensee to 
continue to possess this source.

Technical Analysis of the Proposed Action

    10 CFR 30.11(a) states that the Commission may grant such 
exemptions from the requirements of the regulations as it determines 
are authorized by law and will not endanger life or property or the 
common defense and security and are otherwise in the public interest. 
The NRC staff has analyzed the Licensee's request to be authorized to 
receive and take possession of sealed sources and devices which have 
not been registered with the NRC under 10 CFR 32.210 or with an 
Agreement State. The NRC staff considered that the Licensee is 
qualified by sufficient training and experience and has sufficient 
facilities and equipment to handle these sources and devices. 
Furthermore, NRC inspections have evaluated the Licensee's performance 
and determined that the Licensee has safely handled this unregistered 
source for many years. Accordingly, the NRC staff has concluded that 
granting this exemption is authorized by law, will not endanger life or 
property or the common defense and security, and is in the public 
interest.

Environmental Impacts of the Proposed Action

    The proposed action is largely administrative in nature. Approving 
this exemption will have no environmental impact.

[[Page 53908]]

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the largely administrative nature of the proposed action, 
its environmental impacts are small. Additionally, denying the 
exemption 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 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

    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 
exemption 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 documents related to this 
action are listed below, along with their ADAMS accession numbers.
    1. Licensee letter dated December 13, 2005 [ML053530318]
    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 <a href="/cdn-cgi/l/email-protection#7e0e1a0c3e100c1d50191108"><span class="__cf_email__" data-cfemail="fc8c988ebc928e9fd29b938a">[email protected]</span></a>. These documents may also be viewed 
electronically on the public computers located at the NRC's PDR, O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. 
The PDR reproduction contractor will copy documents for a fee.

    Dated at Region I, 475 Allendale Road, King of Prussia this 10th 
day of September 2008.
    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E8-21654 Filed 9-16-08; 8:45 am]
BILLING CODE 7590-01-P


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