Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 73647 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The DG, entitled, ‘‘Aquatic 

Environmental Studies for Nuclear 

Power Stations,’’ is a proposed new 

regulatory guide, and it is temporarily 

identified by its task number, DG–4023. 

The DG provides technical guidance for 

aquatic environmental studies and 

analyses supporting decisions related to 

nuclear power stations by NRC. For 

purposes of DG–4023, the term 

‘‘aquatic’’ encompasses freshwater, 

estuarine, and marine environments. 

The DG addresses wetlands containing 

submerged aquatic vegetation but does 

not address wetlands also containing 

emergent vegetation. Instead, NRC’s 

Regulatory Guide 4.11, ‘‘Terrestrial 

Environmental Studies for Nuclear 

Power Stations,’’ addresses such 

wetland features, along with the 

terrestrial environment. Although the 

NRC is issuing separate regulatory 

guides addressing terrestrial and aquatic 

environmental studies, it recognizes that 

aquatic and terrestrial ecological issues 

often overlap and are often interrelated. 

III. Backfitting and Issue Finality 

Issuance of this DG, if finalized, 

would not constitute backfitting as 

defined in § 50.109 of Title 10 of the 

Code of Federal Regulations (10 CFR) 

(the Backfit Rule) and would not 

otherwise be inconsistent with the issue 

finality provisions in 10 CFR part 52. As 

discussed in the ‘‘Implementation’’ 

section of this DG, the NRC has no 

current intention to impose this DG, if 

finalized, on holders of current 

operating licenses or combined licenses. 

This DG, if finalized, may be applied 

to applications for construction permits, 

operating licenses, early site permits, 

combines licenses and limited work 

authorizations docketed by the NRC as 

of the date of issuance of the final 

regulatory guide, as well as future 

applications for construction permits, 

operating licenses, early site permits, 

combines licenses and limited work 

authorizations submitted after the 

issuance of the final regulatory guide. 

Such action would not constitute 

backfitting as defined in 10 CFR 

50.109(a)(1) and would not be 

inconsistent with the applicable issue 

finality provision in 10 CFR part 52, 

inasmuch as such applicants or 

potential applicants are not within the 

scope of entities protected by the Backfit 

Rule or the relevant issue finality 

provisions in part 52. 

Dated at Rockville, Maryland, this 5th day 

of December, 2014. 

For the Nuclear Regulatory Commission. 

Harriet Karagiannis, 

Acting Chief, Regulatory Guidance and 

Generic Issues Branch, Division of 

Engineering, Office of Nuclear Regulatory 

Research. 

[FR Doc. 2014–29026 Filed 12–10–14; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2014–0001] 

Sunshine Act Meeting Notice 

DATES: Week of December 8, 2014. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public. 

Week of December 14, 2014 

Tuesday, December 16, 2014 

8:55 a.m. Affirmation Session (Public 

Meeting) (Tentative) 

Fermi Combined License Application: 

Intervenors’ Petition for Review of 

LBP–14–07 (Ruling for Applicant 

on Quality Assurance) (June 17, 

2014) (Tentative) 

This meeting will be webcast live at 

the Web address—http://www.nrc.gov/. 

* * * * * 

The schedule for Commission 

meetings is subject to change on short 

notice. For more information or to verify 

the status of meetings, contact Glenn 

Ellmers at (301) 415–0442 or via email 

at Glenn.Ellmers@nrc.gov. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: http://www.nrc.gov/public-involve/

public-meetings/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g., 

braille, large print), please notify 

Kimberly Meyer, NRC Disability 

Program Manager, at 301–287–0727, by 

videophone at 240–428–3217, or by 

email at Kimberly.Meyer-Chambers@

nrc.gov . Determinations on requests for 

reasonable accommodation will be 

made on a case-by-case basis. 

* * * * * 

Members of the public may request to 

receive this information electronically. 

If you would like to be added to the 

distribution, please contact the Office of 

the Secretary, Washington, DC 20555 

(301–415–1969), or send an email to 

Patricia.Jimenez@nrc.gov or 

Brenda.Akstulewicz@nrc.gov. 

Dated: December 9, 2014. 

Glenn Ellmers, 

Policy Coordinator, Office of the Secretary. 

[FR Doc. 2014–29207 Filed 12–9–14; 4:15 pm] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 70–7005; NRC–2009–0283; EA– 

14–104] 

Supersede Exemption for Waste 

Control Specialists, LLC; Andrews 

County, Texas 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Order; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a new 

Order superseding a previously issued 

Order to Waste Control Specialists, 

LLC., (WCS) on October 20, 2009 (2009 

Order). The previous Order exempted 

WCS from the NRC’s regulations 

concerning special nuclear material 

(SNM). The current action is in response 

to a request by WCS dated July 18, 2014. 

ADDRESSES: Please refer to Docket ID 

NRC–2009–0283 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2009–0283. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

mstockstill on DSK4VPTVN1PROD with NOTICES

73648 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Maurice Heath, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–3137; email: Maurice.Heath@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Waste Control Specialists, LLC (WCS), 

operates a facility in Andrews County, 

Texas, that is licensed to process and 

store certain types of radioactive 

material contained in low-level waste 

(LLW) and mixed waste (MW). The 

facility also disposes of hazardous and 

toxic waste. Under an Agreement 

authorized by the Atomic Energy Act, as 

amended (AEA), the NRC can relinquish 

and a State can assume, regulatory 

authority over radioactive material 

specified in an Agreement with NRC. In 

1963, Texas entered into an Agreement 

and assumed regulatory authority over 

source, byproduct and SNM less than a 

critical mass. 

On November 30, 1997, the State of 

Texas Department of Health (TDH) 

issued WCS a radioactive materials 

license (RML) to possess, treat, and store 

LLW (RML R04971). In 1997, WCS 

began accepting Resource Conservation 

and Recovery Act (RCRA) and Toxic 

Substance Control Act (TSCA) wastes 

for treatment, storage, and disposal. 

Later that year, WCS received a license 

from the TDH for treatment and storage 

of MW and LLW. The MW and LLW 

streams may contain quantities of SNM. 

In 2007, regulatory responsibility for 

RML R04971 was transferred by TDH to 

the Texas Commission on 

Environmental Quality (TCEQ). In 

September 2009, the TCEQ issued RML 

R04100 to WCS for disposal of LLW. 

Section 70.3 of Title 10, Code of 

Federal Regulations (10 CFR) part 70 

requires persons who own, acquire, 

deliver, receive, possess, use, or transfer 

SNM to obtain a license pursuant to the 

requirements of 10 CFR part 70. The 

licensing requirements in 10 CFR part 

70 apply to persons in Agreement States 

possessing greater than critical mass 

quantities, as defined in 10 CFR 150.11. 

However, pursuant to 10 CFR 70.17(a), 

‘‘the Commission may grant such 

exemptions from the requirements of 

the regulations in this part 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.’’ 

In September 2000, WCS submitted to 

NRC an exemption request from the 

licensing requirements in 10 CFR part 

70. On November 21, 2001, the NRC 

issued an Order to WCS (2001 Order) 

granting an exemption to WCS from 

certain NRC regulations and permitted 

WCS, under specified conditions, to 

possess waste containing SNM in 

greater quantities than specified in 10 

CFR part 150, at the WCS storage and 

treatment facility in Andrews County, 

Texas, without obtaining an NRC 

license pursuant to 10 CFR part 70. The 

2001 NRC Order was published in the 

Federal Register on November 15, 2001 

(66 FR 57489). As seen in the 

attachments to the November 21, 2001, 

NRC letter to WCS (ADAMS Accession 

No. ML030130085), the conditions 

specified in the 2001 Order are 

discussed in the October 2001 

Environmental Assessment (EA) and 

November 2001 Safety Evaluation 

Report (SER) that supported the 2001 

Order. 

By letters dated August 6, 2003, and 

March 14, 2004, WCS requested a 

modification to the 2001 Order, which 

would allow it to use additional 

reagents for chemical stabilization of 

mixed waste containing SNM. The NRC 

issued the new Order on November 4, 

2004 (2004 Order), which superseded 

the 2001 Order. The 2004 Order was 

published in the Federal Register on 

November 12, 2004 (69 FR 65468). The 

new conditions specified in the 2004 

Order are discussed in the October 2004 

EA (ADAMS Accession No. 

ML043020614) and SER (ADAMS 

Accession No. ML042250362) that 

supported the 2004 Order. The 2004 

Order changed the 2001 Order 

Conditions to allow WCS to use such 

chemical reagents as it deems necessary 

for treatment and stabilization of mixed 

waste containing SNM, provided that 

the SNM mass does not exceed specified 

concentration limits. 

By letter dated December 10, 2007, 

WCS requested additional modifications 

to the 2004 Order. The NRC issued the 

new Order to WCS on October 20, 2009 

(2009 Order), which superseded the 

2004 Order. The 2009 Order was 

published in the Federal Register on 

October 26, 2009 (74 FR 55072). The 

new conditions specified in the 2009 

Order are discussed in the October 2009 

EA (ADAMS Accession No. 

ML092460509) and SER (ADAMS 

Accession No. ML093070307) that 

supported the 2009 Order. The 2009 

Order changed the 2004 Order 

Conditions regarding sampling of waste, 

what is allowed to be in the waste, and 

the amount of highly water soluble SNM 

in each waste package. 

In July 2013, by Amendment No. 22 

of RML R04100, the TCEQ began to 

merge the license requirements in RML 

R04971 (for the radioactive waste 

treatment, storage, and processing 

facility) with the requirements in RML 

R04100 (for the LLW land disposal 

facility). In Amendment No. 22 of RML 

R04100, the TCEQ license requirements 

related to the NRC 2009 Order in RML 

R04971 for the WCS treatment, storage, 

and processing facility were transferred 

to RML R04100. Previous Orders 

referred to that location as the 

treatment, storage, and processing 

facility. Subsequently, WCS began 

referring to that location as the 

‘‘Treatment, Storage and Disposal 

Facility.’’ The NRC will use the name 

‘‘Treatment, Storage, and Disposal 

Facility’’ and the abbreviation TSDF to 

reference that location in this Order. 

The previous NRC Orders (2001, 

2004, and 2009) addressed the issue that 

10 CFR 70.3 requires persons who own, 

acquire, deliver, receive, possess, use, or 

transfer SNM to obtain an NRC license 

pursuant to the requirements in 10 CFR 

part 70. However, 10 CFR 150.10 

exempts a person in an Agreement State 

who possesses SNM in quantities not 

sufficient to form a critical mass from 

the NRC’s imposed licensing 

requirements and regulations. The 

method for calculating the quantity of 

SNM not sufficient to form a critical 

mass is set out in 10 CFR 150.11. 

Therefore, prior to the NRC 2001 Order, 

WCS was required to comply with NRC 

regulatory requirements and obtain an 

NRC specific license to possess SNM in 

quantities greater than amounts 

established in 10 CFR 150.11. The 2001 

WCS exemption request to NRC 

proposed to use concentration-based 

limits rather than mass-based limits at a 

specific location at the WCS facility. 

The NRC 2001 Order granted, and the 

subsequent NRC Orders (2004 and 2009) 

continued, the use of concentrationbased limits with conditions at a 

specific location at the WCS facility. 

The TCEQ incorporated the 

concentration-based limits and 

conditions from each respective NRC 

Order (2001, 2004, and 2009) into the 

WCS license for the specific location at 

the WCS facility where the 

concentration-based limits instead of 

mass-based limits are applicable. 

By letter dated July 18, 2014 (ADAMS 

Accession No. ML14209A660), WCS 

requested an exemption from NRC 

regulations to possess SNM in excess of 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 73649 

the critical mass limits specified in 10 

CFR 150.11 while temporarily storing 

specific waste at a different location at 

the WCS facility other than the TSDF. 

The WCS exemption request referenced 

the WCS June 20, 2014, letter to the 

NRC (ADAMS Accession No. 

ML14171A554) that notified the NRC of 

actions that WCS had taken in response 

to the on-going U.S. Department of 

Energy (DOE) investigation of an 

unplanned radiation release event at the 

DOE Waste Isolation Pilot Plant (WIPP) 

facility (i.e., the WIPP incident). The 

specific waste includes some of the 

transuranic waste that originated at the 

DOE Los Alamos National Laboratory 

(LANL), which are destined to be 

disposed of at the DOE WIPP facility 

(i.e., LANL waste). Due to the February 

14, 2014, WIPP incident, the DOE 

suspended operations at the WIPP 

facility. In April 2014, WCS began 

receiving some of the LANL waste from 

DOE, which met the conditions in the 

NRC 2009 Order. WCS intended to 

temporarily store the LANL waste at the 

TSDF at the WCS facility until WCS 

ships the waste. 

Based on the DOE investigation of the 

WIPP incident, DOE subsequently 

informed WCS that some of the LANL 

waste being temporarily stored at the 

WCS TSDF could, under certain 

conditions, react and potentially result 

in a release of transuranic radionuclides 

to the environment. On June 12, 2014, 

WCS responded to DOE’s information 

by starting to voluntarily move the 

identified LANL waste to the Federal 

Waste Disposal Facility (FWF) at the 

WCS facility for temporary storage. 

After evaluating WCS’s exemption 

request, the NRC staff decided that the 

appropriate action is to grant the 

request, contingent on compliance with 

the additional conditions contained in 

the 2014 Order. The reasons for this 

decision are further described in the 

SER for this request (ADAMS Accession 

No. ML14230A804). 

II. Conditions 

Currently, WCS is exempted from the 

requirements of 10 CFR part 70, 

including the requirements for an NRC 

license in 10 CFR 70.3. This Order 

supersedes the 2009 Order that applies 

to the WCS treatment, storage and 

processing facility. Previous Orders 

referred to that location as the 

treatment, storage, and processing 

facility. Subsequently, WCS began 

referring to that location as the 

‘‘Treatment, Storage and Disposal 

Facility.’’ The NRC will use the name 

‘‘Treatment, Storage, and Disposal 

Facility’’ and the abbreviation TSDF to 

reference that location in the 2014 

Order. 

The NRC reviewed the information in 

the WCS request and, along with 

clarifying teleconference calls and other 

public and non-public information 

provided by WCS, the NRC decided that 

the appropriate action is to grant the 

WCS exemption request, but has 

modified WCS’ exemption request to 

include additional conditions which are 

reflected in this 2014 Order. As 

described in the SER Report for this 

request, the NRC has determined that 

the modified conditions in the 2014 

Order will not endanger life or property 

or the common defense and security and 

is otherwise in the public interest to 

allow for movement and the temporary 

storage of the identified LANL waste at 

WCS FWF. 

Conditions 1 through 7 remain the 

same as in the 2009 Order. A new 

Condition 8 was created in this 2014 

Order to address the NRC’s modification 

of WCS’ exemption request. The new 

Condition 8 applies to the LANL waste 

stored at either the TSDF or the FWF. 

Condition 8 in the 2009 Order was 

renumbered as Condition 9 in this 2014 

Order. Condition 9 in the 2009 Order is 

renumbered as Condition 10 in this 

2014 Order. A new Condition 11 was 

created in this 2014 Order. As such, 

Conditions 1 through 11 of this 2014 

Order now read as the following: 

1. Concentrations of SNM in 

individual waste containers and/or 

during processing shall not exceed the 

following values: 

SNM isotope 

Operational 

limit 

(gram SNM/

gram waste) 

Measurement 

uncertainty 

(gram SNM/

gram waste) 

U-233 ....................................................................................................................................................................... 4.7E–04 7.1E–05 

U-235 (10 percent enriched) ................................................................................................................................... 9.9E–04 1.5E–04 

U-235 (100 percent enriched) ................................................................................................................................. 6.2E–04 9.3E–05 

Pu-239 ..................................................................................................................................................................... 2.8E–04 4.2E–05 

Pu-241 ..................................................................................................................................................................... 2.2E–04 3.2E–05 

When mixtures of these SNM isotopes 

are present in the waste, the sum-of-thefractions rule, as illustrated below, shall be used. 

The measurement uncertainty values 

in column 3 above represent the 

maximum one-sigma uncertainty 

associated with the measurement of the 

concentration of the particular 

radionuclide. 

The SNM must be uniformly 

distributed throughout the waste, such 

that the limiting concentrations must 

not be exceeded on average in any 

contiguous mass of 600 kilograms. 

2. The mass concentration of carbon, 

fluorine, and bismuth in the waste must 

be limited as follows: 

SNM isotope Carbon 

wt % 

Fluorine 

wt % 

Bismuth 

wt % 

U-233 .......... 28 34 34 

U-235(10) .... 25 35 31 

U-235(100) .. 41 42 33 

Pu-239 ........ 43 43 34 

Pu-241 ........ 37 39 32 

For waste containing mixtures of C, F, 

and Bi, the sum of the weight fractions 

of C, F, and Bi shall be compared to the 

most restrictive maximum allowable 

weight fractions for any one of those 

elements. Similarly, where mixtures of 

radionuclides are present in the waste, 

the limiting maximum allowable weight 

fraction of C, F, and Bi shall be applied. 

The presence of the above materials will 

be determined and documented by the 


mstockstill on DSK4VPTVN1PROD with NOTICESEN11DE14.028</GPH>
73650 Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 

generator, based on process knowledge 

or testing. 

3. Waste accepted shall not contain 

total quantities of beryllium, 

hydrogenous material enriched in 

deuterium, or graphite above one tenth 

of one percent of the total weight of the 

waste. The presence of the above 

materials will be determined and 

documented by the generator, based on 

process knowledge, or testing. 

4. Possession of highly water soluble 

forms of SNM shall not exceed the 

amount of SNM of low strategic 

significance defined in 10 CFR 73.2. 

Highly soluble forms of SNM include, 

but are not limited to: Uranium sulfate, 

uranyl acetate, uranyl chloride, uranyl 

formate, uranyl fluoride, uranyl nitrate, 

uranyl potassium carbonate, uranyl 

sulfate, plutonium chloride, plutonium 

fluoride, and plutonium nitrate. The 

presence of the above materials will be 

determined and documented by the 

generator, based on process knowledge 

or testing. 

5. Processing of mixed waste 

containing SNM will be limited to 

chemical stabilization (i.e., mixing 

waste with reagents). For batches with 

more than 600 kilograms of waste, the 

total mass of SNM shall not exceed the 

concentration limits in Condition 1 

times 600 kilograms of waste. 

6. Prior to shipment of waste, WCS 

shall require generators to provide a 

written certification containing the 

following information for each waste 

stream: 

a. Waste Description. The description 

must detail how the waste was 

generated, list the physical forms in the 

waste, and identify uranium chemical 

composition. 

Waste Characterization Summary. The 

data must include a general description 

of how the waste was characterized 

(including the volumetric extent of the 

waste, and the number, location, type, 

and results of any analytical testing), the 

range of SNM concentrations, and the 

analytical results with error values used 

to develop the concentration ranges. 

b. Uniformity Description. A 

description of the process by which the 

waste was generated showing that the 

spatial distribution of SNM is 

homogeneous or other information 

supporting spatial homogeneity. 

c. Manifest Concentration. The 

generator must describe the methods to 

be used to determine the concentrations 

on the manifests. These methods could 

include direct measurement and the use 

of scaling factors. The generator must 

describe the uncertainty associated with 

sampling and testing used to obtain the 

manifest concentrations. 

WCS shall review the above 

information and, if adequate, approve in 

writing this pre-shipment waste 

characterization and assurance plan 

before permitting the shipment of a 

waste stream. This will include 

statements that WCS has a written copy 

of all the information required above, 

that the characterization information is 

adequate and consistent with the waste 

description, and that the information is 

sufficient to demonstrate compliance 

with Conditions 1 through 4. Where 

generator process knowledge is used to 

demonstrate compliance with 

Conditions 1, 2, 3, or 4, WCS shall 

review this information and determine 

when testing is required to provide 

additional information in assuring 

compliance with the Conditions. WCS 

shall retain this information as required 

by the State of Texas to permit 

independent review. 

At the time waste is received, WCS 

shall require generators of SNM waste to 

provide a written certification with each 

waste manifest that states that the SNM 

concentrations reported on the manifest 

do not exceed the limits in Condition 1, 

and that the waste meets Conditions 2 

through 4. 

WCS shall require generators to 

sample and determine the SNM 

concentration for each waste stream, not 

to include sealed sources, at a frequency 

of once per 600 kg if the concentrations 

are above one tenth the SNM limits of 

Condition 1. The measurement 

uncertainty shall not exceed the 

uncertainty value in Condition 1 and 

shall be provided on the written 

certification. 

7. WCS shall sample and determine 

the SNM concentration for each waste 

stream, not to include sealed sources, at 

a frequency of once per 600 kg if the 

concentrations are above one tenth the 

SNM limits of Condition 1. This 

confirmatory testing is not required for 

waste to be disposed of at DOE’s WIPP 

facility. 

8. The ‘‘WIPP incident’’ is the 

February 14, 2014, unplanned radiation 

release event at the DOE WIPP facility 

in New Mexico. The following relate to 

WCS storing DOE transuranic waste that 

originated at the LANL, which are 

destined to be disposed of at the DOE 

WIPP facility (i.e., ‘‘LANL waste’’), at 

either the WCS Treatment, Storage, and 

Disposal Facility (TSDF) or the WCS 

Federal Waste Disposal Facility (FWF): 

A. The following conditions are 

applicable to LANL waste stored at the 

Federal Waste Disposal Facility (FWF) 

and other SNM bearing waste stored or 

disposed of at the FWF: 

1. The following waste is allowed to 

be stored at the WCS FWF: LANL waste 

in accordance with the concentrationbased limits specified in Conditions 1 

through 7, provided that it is in 

Standardized Waste Boxes (SWBs) 

analyzed to be safe in the DOE ‘‘Nuclear 

Critical Safety Evaluation,’’ WIPP–016, 

Rev. 4. The lids of the SWBs shall be 

bolted or similarly secured to the body 

and the SWBs shall be placed inside 

Modular Concrete Canisters (MCCs) 

consistent with the configurations 

analyzed in WIPP–016. 

2. The LANL waste shall be isolated 

from other SNM-bearing waste by a 

minimum of 6.096 meters (20 feet). 

3. The LANL waste in MCCs shall be 

stacked no more than one MCC high. 

B. The following conditions are 

applicable to all the LANL waste stored 

at either the TSDF or the FWF: 

1. WCS shall follow the general 

reporting and recordkeeping 

requirements of 10 CFR part 73 that are 

applicable to those who possess SNM of 

1 gram or more. Those requirements are: 

(1) Notification to the NRC within 1 

hour of discovery of any unauthorized 

removal of SNM which WCS is 

authorized to possess; and 

(2) maintenance of a recordkeeping 

program showing the receipt, inventory, 

acquisition, transfer, and disposal of all 

SNM in WCS’ possession. 

2. The contents and matrices of the 

LANL waste in the inner containers 

shall conform to the description in the 

WCS non-public information. 

3. The physical security plan for the 

LANL waste shall be maintained to 

specifically include detection, 

assessment, and response methods and 

procedures for the LANL waste for as 

long as the LANL waste is at the WCS 

facility. 

4. WCS is allowed to possess the 

LANL waste for a maximum of 2 years. 

5. The LANL waste shall remain 

unopened in the inner container in 

which it was shipped, unless WCS 

needs to take an action on one of the 

inner containers based on knowledge 

from DOE’s investigation of the WIPP 

incident. Only one inner container may 

be open at a time. 

6. WCS shall keep NRC informed of 

the status of the DOE investigation of 

the WIPP incident. If DOE determines 

that some of LANL waste at WCS was 

similar to the waste that DOE 

determines to have contributed to the 

WIPP incident, then WCS will notify the 

NRC. 

9. WCS shall notify the NRC, Region 

IV office within 24 hours if any of the 

above Conditions are violated. A written 

notification of the event must be 

provided within 7 days. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Notices 73651 

1United States Postal Service Notice of Filing 

Functionally Equivalent Inbound Competitive 

Multi-Service Agreement with Royal PostNL BV 

and Application for Non-Public Treatment of 

Materials Filed Under Seal, December 4, 2014 

(Notice). 

10. WCS shall obtain NRC’s approval 

prior to changing any activities 

associated with the above Conditions. 

11. The Director of the Office of 

Nuclear Material Safety and Safeguards 

(or designee), may, in writing, relax or 

rescind any of the above conditions 

upon demonstration by WCS of good 

cause. 

III. Conclusion 

Based on the staff’s evaluation, the 

NRC has determined, pursuant to 10 

CFR 70.17(a), that the exemption as 

described above at the WCS facility is 

authorized by law, will not endanger 

life or property or the common defense 

and security and is otherwise in the 

public interest. Accordingly, by this 

Order, the NRC hereby grants this 

exemption subject to the conditions in 

this Order, which implements 

concentration-based limits for SNM 

quantities not sufficient to form a 

critical mass at specific locations at the 

WCS facility. This NRC Order is 

effective and final 20 days after issuance 

of the Order without further order or 

proceedings. This NRC’s Order enables 

the State of Texas to regulate SNM 

materials at the WCS facility under the 

State’s radiation protection program as 

long as WCS complies with this Order. 

Pursuant to the requirements in 10 

CFR part 51, the Commission has 

published an Environmental 

Assessment for the proposed action 

wherein it has determined that the 

granting of this exemption will have no 

significant impacts on the quality of the 

human environment. That finding was 

noticed in the Federal Register on 

November 6, 2014 (79 FR 65999). 

Dated at Rockville, Maryland, this 3rd day 

December 2014. 

For the Nuclear Regulatory Commission. 

Catherine Haney, 

Director, Office of Nuclear Material Safety 

and Safeguards. 

[FR Doc. 2014–29129 Filed 12–10–14; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. CP2015–18; Order No. 2275] 

New Postal Product 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing concerning 

an additional Foreign Postal Operators 1 

negotiated service agreement with Royal 

PostNL BV. This notice informs the 

public of the filing, invites public 

comment, and takes other 

administrative steps. 

DATES: Comments are due: December 

12, 2014. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Notice of Commission Action 

III. Ordering Paragraphs 

I. Introduction 

On December 4, 2014, the Postal 

Service filed notice that it has entered 

into an additional Foreign Postal 

Operators 1 negotiated service 

agreement (Agreement).1

To support its Notice, the Postal 

Service filed a copy of the Agreement, 

a copy of the Governors’ Decision 

authorizing the product, a certification 

of compliance with 39 U.S.C. 3633(a), 

and an application for non-public 

treatment of certain materials. It also 

filed supporting financial workpapers. 

II. Notice of Commission Action 

The Commission establishes Docket 

No. CP2015–18 for consideration of 

matters raised by the Notice. 

The Commission invites comments on 

whether the Postal Service’s filing is 

consistent with 39 U.S.C. 3632, 3633, or 

3642, 39 CFR part 3015, and 39 CFR 

part 3020, subpart B. Comments are due 

no later than December 12, 2014. The 

public portions of the filing can be 

accessed via the Commission’s Web site 

(http://www.prc.gov). 

The Commission appoints James F. 

Callow to serve as Public Representative 

in this docket. 

III. Ordering Paragraphs 

It is ordered: 

1. The Commission establishes Docket 

No. CP2015–18 for consideration of the 

matters raised by the Postal Service’s 

Notice. 

2. Pursuant to 39 U.S.C. 505, James F. 

Callow is appointed to serve as an 

officer of the Commission to represent 

the interests of the general public in this 

proceeding (Public Representative). 

3. Comments are due no later than 

December 12, 2014. 

4. The Secretary shall arrange for 

publication of this order in the Federal 

Register. 

By the Commission. 

Ruth Ann Abrams, 

Acting Secretary. 

[FR Doc. 2014–29028 Filed 12–10–14; 8:45 am] 

BILLING CODE 7710–FW–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Sunshine Act Meeting 

Notice is hereby given, pursuant to 

the provisions of the Government in the 

Sunshine Act, Pub. L. 94–409, that the 

Securities and Exchange Commission 

Advisory Committee on Small and 

Emerging Companies will hold a public 

meeting on Wednesday, December 17, 

in Multi-Purpose Room LL–006 at the 

Commission’s headquarters, 100 F 

Street NE., Washington, DC. 

The meeting will begin at 9:30 a.m. 

(EDT) and will be open to the public. 

Seating will be on a first-come, firstserved basis. Doors will open at 9:00 

a.m. Visitors will be subject to security 

checks. The meeting will be webcast on 

the Commission’s Web site at 

www.sec.gov. 

On December 3, 2014 the Commission 

published notice of the Committee 

meeting (Release No. 33–9683), 

indicating that the meeting is open to 

the public and inviting the public to 

submit written comments to the 

Committee. This Sunshine Act notice is 

being issued because a majority of the 

Commission may attend the meeting. 

The agenda for the meeting includes 

matters relating to rules and regulations 

affecting small and emerging companies 

under the federal securities laws. 

For further information, please 

contact the Office of the Secretary at 

(202) 551–5400. 

Dated: December 8, 2014. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2014–29183 Filed 12–9–14; 4:15 pm] 

BILLING CODE 8011–01–P 

mstockstill on DSK4VPTVN1PROD with NOTICES