54176 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–33261] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment Request to Byproduct 

Materials License 37–30062–01 for the 

Defense Logistics Agency/Defense 

Distribution Center, New Cumberland, 

PA 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

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: TKT@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license renewal to 

Byproduct Materials License No. 37– 

30062–01. This license is held by the 

Defense Logistics Agency/Defense 

Distribution Center (Licensee), located 

in New Cumberland, Pennsylvania. 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 4 as registered under 

the provisions of 10 CFR 32.210. The 

Licensee requested this exemption in a 

letter dated October 26, 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. 37–30062–01, including 

approval of the Licensee’s request for 

exemption submitted on October 26, 

2005. License No. 37–30062–01 was 

issued on January 27, 1995, pursuant to 

10 CFR Parts 30, 40, and 70, and has 

been amended periodically since that 

time. This license authorized the 

Licensee for the receipt, storage and 

packaging of serviceable Department of 

Defense commodity items containing 

licensed material and distribution of 

these items to any Department of 

Defense persons authorized to receive 

the licensed material, pursuant to the 

items and conditions of specific licenses 

issued by the U.S. Nuclear Regulatory 

Commission; and for use in calibration 

and verification of the licensee’s 

instruments. 

On December 21, 2004, the Licensee 

submitted its renewal application for 

License No. 37–30062–01. In a letter 

dated June 27, 2005, submitted in 

response to a Request for Additional 

Information from the NRC dated May 

20, 2005, requesting that the Licensee 

identify all sealed sources by 

radionuclide, manufacturer, and model 

number, the Licensee described its need 

for flexibility in its authorization, 

stating that the listing of broad 

categories of materials on the license 

was intentional to allow the Licensee 

the flexibility to receive, store and 

transfer all items authorized to either of 

the branches of service by their NRC 

License. The Licensee also stated that 

maintaining a current list of all sealed 

sources is contingent on what items the 

military services wish to possess and is 

subject to change independent from the 

Licensee’s authorization. The Licensee 

stated that ensuring that each sealed 

source is registered as an approved 

sealed source or device by the NRC or 

an Agreement State is the responsibility 

of each of the military services. In its 

follow-up letter dated October 26, 2005, 

the Licensee explicitly 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 the use 

of the radioactive materials authorized 

under the License is in the context of 

distribution operations. The initial 

procurement, storage period and 

distribution of these sources are at the 

direction of the item manager assigned 

by the specific military service. The 

procuring service is responsible for 

ensuring the radioactive sources used in 

items of military supply are properly 

registered with the NRC or an 

appropriate Agreement State. As such, 

each of the military services has a 

variety of NRC licenses that authorize 

the use and possession of each item that 

could be processed through the 

Licensee. The Licensee stated further 

that the requested exemption is 

especially important given increased 

operational tempo that the current war 

on terrorism demands. 

Need for the Proposed Action 

This exemption is needed to authorize 

the Licensee to continue to receive, 

store, and distribute these sources and 

devices needed by the military services. 

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 these 

unregistered sources 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. 

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 


dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Notices 54177 

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 June 27, 2005 

[ML051870315]. 

2. Licensee letter dated October 26, 

2005 [ML053010281]. 

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 Region I, 475 Allendale Road, 

King of Prussia, PA this 8th 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. E8–21803 Filed 9–17–08; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 030–29879] 

Notice of Availability of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment Request to Byproduct 

Materials License 29–28005–01 for the 

Sarnoff Corporation, Princeton, NJ 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Issuance of Environmental 

Assessment and Finding of No 

Significant Impact for License 

Amendment. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Lawyer, 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) 337–5366; e-mail: 

Dennis.Lawyer@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is considering the 

issuance of a license renewal to 

Byproduct Materials License No. 29– 

28005–01. This license is held by The 

Sarnoff Corporation (Licensee) in 

Princeton, New Jersey. 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 June 2, 2006. 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. 29–28005–01, including 

approval of the Licensee’s request for 

exemption submitted on June 2, 2006. 

License No. 29–28005–01 was issued on 

June 16, 1987, pursuant to 10 CFR Part 

30, and has been amended periodically 

since that time. This license authorized 

the Licensee for research and 

development as defined in 10 CFR 30.4. 

On June 24, 2005, the Licensee 

submitted its renewal application for 

License No. 29–28005–01. In a letter 

dated February 1, 2006, discussing its 

unregistered americium-241 source, the 

Licensee referenced the guidance in 

NUREG 1556, Volume 3 (Revision 1) 

which states that that sealed sources 

containing 10 microcuries or less of 

alpha-emitting radioactive material and 

100 microcuries or less of beta and/or 

gamma emitting materials were not 

required to be registered. In a letter 

dated June 2, 2006, in response to NRC 

questions contained in an e-mail dated 

May 16, 2006, the Licensee explicitly 

requested an exemption from the 

requirement in 10 CFR 30.32(g) to list its 

americium-241 source by a 

manufacturer and model number as 

registered under the provisions of 10 

CFR 32.210. The unregistered 

americium-241 sealed source (a gamma 

emitting source of approximately 11 

microcuries) possessed by the Licensee 

meets the criterion in NUREG 1556, 

Volume 3 (Revision 1) which states that 

that sealed sources containing 100 

microcuries or less of gamma emitting 

materials were not required to be 

registered. In addition, the Licensee 

stated that granting this exemption will 

enable the Licensee to continue to make 

calibrations of its equipment in a timely 

manner, avoiding the need to send 

equipment out for calibration. The 

Licensee further stated that granting this 

exemption would avoid the need and 

risk of bringing a calibration source to 

the site for instruments that cannot be 

moved. The Licensee also stated that a 

replacement americium-241 source that 

would meet the current registration 

requirements would likely be a larger 

source with an increased risk of 

handling. 

Need for the Proposed Action 

The Licensee has used this source for 

many years without incident. This 

exemption is needed to authorize the 

Licensee to continue to possess this 

source. 


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