```

[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Notices]
[Pages 54176-54177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21803]

[[Page 54176]]

-----------------------------------------------------------------------

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: 
[email protected].

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

[[Page 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 [email protected]. 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
```