Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4173 

1The GAP Material addressed in this Revised 

Record of Decision also includes certain non-U.S.- 

origin unirradiated fuel (fresh fuel) containing HEU. 

ADDRESSES: Bethesda North Marriott 

Hotel and Conference Center; 5701 

Marinelli Road, North Bethesda, MD 

20852. 

FOR FURTHER INFORMATION CONTACT: 

Katie Perine, Office of Basic Energy 

Sciences, U.S. Department of Energy, 

Germantown Building, Independence 

Avenue, Washington, DC 20585; 

Telephone: (301) 903–3081. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Meeting: The purpose 

of this meeting is to provide advice and 

guidance with respect to the basic 

energy sciences research program. 

Tentative Agenda: Agenda will 

include discussions of the following: 

• News from Office of Science/DOE 

• News from the Office of Basic 

Energy Sciences 

• Report from the New Era 

Subcommittee’s Photon Workshop 

• Report from the New Era 

Subcommittee 

Public Participation: The meeting is 

open to the public. If you would like to 

file a written statement with the 

Committee, you may do so either before 

or after the meeting. If you would like 

to make oral statements regarding any of 

the items on the agenda, you should 

contact Katie Perine at 301–903–6594 

(fax) or katie.perine@science.doe.gov (email). You must make your request for 

an oral statement at least 5 business 

days prior to the meeting. Reasonable 

provision will be made to include the 

scheduled oral statements on the 

agenda. The Chairperson of the 

Committee will conduct the meeting to 

facilitate the orderly conduct of 

business. Public comment will follow 

the 10-minute rule. 

Minutes: The minutes of this meeting 

will be available for public review and 

copying within 30 days at the Freedom 

of Information Public Reading Room, 

1E–190, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585; between 9 a.m. 

and 4 p.m., Monday through Friday, 

except holidays. 

Issued in Washington, DC, on January 15, 

2009. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. E9–1379 Filed 1–22–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Oak Ridge 

Reservation 

AGENCY: Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EM SSAB), Oak Ridge 

Reservation. The Federal Advisory 

Committee Act (Pub. L. No. 92–463, 86 

Stat. 770) requires that public notice of 

this meeting be announced in the 

Federal Register. 

DATES: Wednesday, February 11, 2009, 

6 p.m. 

ADDRESSES: DOE Information Center, 

475 Oak Ridge Turnpike, Oak Ridge, 

Tennessee. 

FOR FURTHER INFORMATION CONTACT: Pat 

Halsey, Federal Coordinator, 

Department of Energy Oak Ridge 

Operations Office, P.O. Box 2001, EM– 

90, Oak Ridge, TN 37831. Phone (865) 

576–4025; Fax (865) 576–2347 or e-mail: 

halseypj@oro.doe.gov or check the Web 

site at http://www.oakridge.doe.gov/em/ 

ssab. 

SUPPLEMENTARY INFORMATION:

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE in the areas of environmental 

restoration, waste management, and 

related activities. 

Tentative Agenda: The main meeting 

presentation will be an overview of the 

2007 Annual Site Environmental 

Report. 

Public Participation: The EM SSAB, 

Oak Ridge, welcomes the attendance of 

the public at its advisory committee 

meetings and will make every effort to 

accommodate persons with physical 

disabilities or special needs. If you 

require special accommodations due to 

a disability, please contact Pat Halsey at 

least seven days in advance of the 

meeting at the phone number listed 

above. Written statements may be filed 

with the Board either before or after the 

meeting. Individuals who wish to make 

oral statements pertaining to the agenda 

item should contact Pat Halsey at the 

address or telephone number listed 

above. Requests must be received five 

days prior to the meeting and reasonable 

provision will be made to include the 

presentation in the agenda. The Deputy 

Designated Federal Officer is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Individuals 

wishing to make public comment will 

be provided a maximum of five minutes 

to present their comments. 

Minutes: Minutes will be available by 

writing or calling Pat Halsey at the 

address and phone number listed above. 

Minutes will also be available at the 

following Web site: http:// 

www.oakridge.doe.gov/em/ssab/ 

minutes.htm. 

Issued at Washington, DC on January 16, 

2009. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. E9–1381 Filed 1–22–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Revised Record of Decision for the 

Environmental Impact Statement on a 

Proposed Nuclear Weapons 

Nonproliferation Policy Concerning 

Foreign Research Reactor Spent 

Nuclear Fuel 

AGENCY: National Nuclear Security 

Administration, Department of Energy. 

ACTION: Revised Record of Decision. 

SUMMARY: The Department of Energy 

(DOE) is further revising the Record of 

Decision (61 FR 25092; May 17, 1996) 

on the Environmental Impact Statement 

on a Proposed Nuclear Weapons 

Nonproliferation Policy Concerning 

Foreign Research Reactor Spent Nuclear 

Fuel (FRR SNF EIS) (DOE/EIS–0218, 

February 1996) to allow the United 

States to transport up to 1 metric ton 

heavy metal (MTHM) (1.1 tons) of spent 

nuclear fuel (Gap Material SNF) from 

foreign research reactor (FRR) locations 

to the United States and safely store this 

Gap Material at a DOE site pending 

disposition. Gap Material consists 

primarily 1 of a limited quantity of (1) 

SNF containing non-U.S.-origin highly 

enriched uranium (HEU) and (2) SNF 

containing U.S.-origin HEU that was not 

previously addressed in the FRR SNF 

EIS. DOE prepared a Supplement 

Analysis of the FRR SNF EIS in 

accordance with DOE’s National 

Environmental Policy Act (NEPA) 

Implementing Procedures (10 CFR Part 

1021). This analysis addressed the 

potential health and environmental 

impacts of accepting Gap Material SNF 

and concluded that the recovery and 

transport of this material to the United 

States would constitute neither 

substantial changes to the proposed 

action nor significant new 

circumstances relevant to 

environmental concerns bearing on the 

proposed action evaluated in the FRR 

SNF EIS. Acceptance of Gap Material 

SNF would not cause the total quantity 

of SNF projected to be received under 

DOE’s FRR SNF Acceptance Program to 

exceed the estimates analyzed in the 

FRR SNF EIS. 

ADDRESSES: The Supplement Analysis 

will be available on DOE’s NEPA Web 

mstockstill on PROD1PC66 with NOTICES

4174 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

site at http://www.gc.energy.doe.gov/ 

NEPA and in DOE Public Reading 

Rooms as follows: U.S. Department of 

Energy, 1000 Independence Avenue, 

SW., Room G–051, Washington, DC 

20585, (202) 586–5955. The public 

reading room is open from 9 a.m. to 

4 p.m., Monday through Friday. The 

University of South Carolina—Aiken 

Library, 471 University Parkway, Aiken, 

South Carolina 29801, (803) 641–3320. 

The library is open from 8 a.m. to 

5 p.m., Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: For 

further information on DOE’s Foreign 

Research Reactor Spent Nuclear Fuel 

Acceptance Program or this Revised 

Record of Decision, contact: Mr. 

Andrew Bieniawski, Assistant Deputy 

Administrator for Defense 

Nonproliferation, Office of Global 

Threat Reduction (NA–21), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585, Attn: 955 

L’Enfant, 202–586–9215. 

For information on DOE’s NEPA 

process, contact: Ms. Carol M. 

Borgstrom, Director, Office of NEPA 

Policy and Compliance (GC–20), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585, (202) 586–4600, 

or leave a message at (800) 472–2756. 

SUPPLEMENTARY INFORMATION: 

Background 

DOE, with the Department of State as 

a cooperating agency, issued the FRR 

SNF EIS (DOE/EIS–0218) in February 

1996. The FRR SNF EIS considered the 

potential environmental impacts of a 

proposed policy to accept and manage 

in the United States SNF and target 

material from foreign research reactors 

(FRRs). DOE issued a Record of Decision 

(ROD) which was published in the 

Federal Register on May 17, 1996 (61 

FR 25092) announcing its decision to 

implement the proposed policy as 

identified in the Preferred Alternative 

contained in the FRR SNF EIS, subject 

to additional stipulations specified in 

Section VII of the ROD. This FRR SNF 

Acceptance Policy provides for 

acceptance of 19.2 tons of SNF 

containing HEU enriched in the United 

States from research reactors located in 

41 countries. In a separate Federal 

Register Notice (61 FR 26507; May 28, 

1996), DOE announced the fee policy for 

accepting FRR SNF. 

Five previous revisions to the original 

ROD have been issued: On July 25, 1996 

(61 FR 38720), and August 25, 2008 (73 

FR 5004), the ROD was revised to 

provide the FRR SNF Acceptance 

Program with greater flexibility about 

the location where it takes title to FRR 

SNF. On July 19, 2000 (65 FR 44767), 

the ROD was revised to reflect DOE’s 

decision to increase the number of 

transportation casks allowable per 

shipment. On December 1, 2004 (69 FR 

69901), the ROD was revised to extend 

the expiration date for irradiation for a 

limited amount of FRR SNF (not to 

exceed the 19.2 tons originally eligible 

and to include a small number of SNF 

elements from the Replacement 

Research Reactor in Australia). In 

addition, on April 13, 1999 (64 FR 

18006), DOE announced a clarification 

to the fee policy in the event of a change 

in the economic status of the country 

from which the SNF would be removed. 

Purpose and Need for Action 

Reducing the threat posed by the 

proliferation of nuclear weapons is a 

foremost goal of the United States. To 

continue to meet DOE’s objective of 

reducing, and eventually eliminating, 

HEU from civil commerce worldwide, 

DOE needs to extend its FRR SNF 

Acceptance Policy to certain SNF, 

called Gap Material SNF, which is not 

currently covered under the policy. This 

Gap Material SNF consists of up to 1 

MTHM (1.1 tons) FRR SNF containing 

HEU that is either non-U.S. origin or is 

of U.S. origin but was not addressed 

previously in the FRR SNF EIS. This 

Gap Material SNF will come from 

research reactors and not commercial 

power plants. 

Proposed Action 

DOE proposes to bring this Gap 

Material SNF to the United States for 

management if the material poses a 

threat to national security, is susceptible 

for use in an improvised nuclear device, 

presents a high risk of terrorist threat, 

and has no other reasonable pathway to 

assure security from theft or diversion. 

DOE proposes to revise the FRR SNF 

Acceptance Program Record of Decision 

to include transport of Gap Material 

SNF from FRR locations to the United 

States if the material meets the above 

criteria and safely store Gap Material 

SNF at the DOE Savannah River Site in 

South Carolina pending disposition. 

Gap Material SNF consists of up to 1 

MTHM (1.1 tons) of SNF containing 

either non-U.S.-origin HEU or U.S.- 

origin HEU that was not previously 

addressed in the FRR SNF EIS. The total 

amount of potentially eligible SNF 

under the FRR SNF Acceptance Program 

would remain unchanged from the 19.2 

tons of SNF analyzed in the FRR SNF 

EIS and cited in the May 17, 1996 (61 

FR 25092) ROD announcing the FRR 

SNF Acceptance Policy. 

NEPA Review 

DOE prepared its Supplement 

Analysis (SA) for U.S. Disposition of 

Gap Material—Spent Nuclear Fuel 

(DOE/EIS–0218–SA–4) in accordance 

with DOE’s NEPA Implementing 

Procedures (10 CFR Part 1021) to 

determine whether a supplement to the 

FRR SNF EIS or a new EIS is required. 

The SA evaluated the potential 

environmental impacts of the transport 

by ship of Gap Material SNF to a United 

States seaport, the unloading of ships at 

the seaport and the transfer of the Gap 

Material SNF to transport vehicles, the 

overland transport (by truck or rail) of 

Gap Material SNF to the Savannah River 

Site, and the acceptance and storage of 

the Gap Material SNF, pending 

disposition. The SA also evaluated 

overland transport of Gap Material SNF 

from Canada to the Savannah River Site. 

Including Gap Material SNF, the total 

quantity of SNF to be received under the 

FRR SNF Acceptance Program is 

expected to be smaller than the quantity 

analyzed in the FRR SNF EIS because 

some countries with material analyzed 

under the FRR SNF EIS elected not to 

participate in the FRR SNF Acceptance 

Program. 

Collective doses projected to be 

received by ship crew members and 

seaport workers for implementing the 

FRR SNF Acceptance Program 

(including Gap Material SNF) are 

expected to be smaller than the doses 

projected in the FRR SNF EIS. 

Experience with receipt of FRR SNF has 

indicated that the external radiation 

levels at the surfaces of transport casks 

containing FRR SNF have been 

significantly smaller than those levels 

assumed for the FRR SNF EIS. 

Nonetheless, DOE plans to extend the 

mitigation action plan announced in the 

May 1996 ROD and currently in place 

for FRR SNF to Gap Material SNF to 

ensure that individual ship crew 

member doses are maintained as low as 

reasonably achievable and less than 100 

millirem in a year. 

With respect to routine overland 

transport of FRR SNF to the Savannah 

River Site, the analysis was updated 

from that in the FRR SNF EIS to reflect 

projected population increases along 

representative transportation routes and 

the Department’s currently 

recommended dose-to-risk conversion 

factor for estimating risks from radiation 

exposures. The analysis concluded that 

the updated potential impacts from 

overland transportation of SNF would 

be small with no latent cancer fatalities 

projected for transport crews or 

members of the public. 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4175 

2This decision also includes acceptance of nonU.S.-origin HEU in unirradiated (fresh) fuel that 

will be transported to the Y–12 National Security 

Complex in Oak Ridge, Tennessee. Management of 

such HEU is addressed in the Site-wide 

Environmental Impact Statement for the Y–12 

National Security Complex (DOE/EIS–0309, 2001) 

and associated ROD (67 FR 11296; March 13, 2002). 

The analysis also addressed the 

potential for severe accidents at a 

seaport and during overland transport to 

Savannah River. The accident analysis 

was updated from that performed in the 

FRR SNF EIS to reflect changes in 

populations along representative 

transportation routes and the 

Department’s currently recommended 

dose-to-risk conversion factor for 

estimating risks from radiation 

exposures. The risks were determined to 

be low with no latent cancer fatalities 

expected among transport crews or 

members of the public. The potential for 

intentional destructive acts was also 

addressed and the impacts from such 

possible acts were determined to be 

comparable to those previously 

analyzed in the FRR SNF EIS. 

Receipt and storage of Gap Material 

SNF at the Savannah River Site are not 

expected to cause impacts at the site 

that would differ from or exceed those 

identified in the FRR SNF EIS. Gap 

Material SNF is expected to ultimately 

be disposed of in a geologic repository. 

Disposition of Gap Material SNF is not 

expected to result in any changes to the 

envelope of impacts addressed in the 

FRR SNF EIS, the Savannah River Site 

Spent Fuel Management Final 

Environmental Impact Statement (DOE/ 

EIS–0279, March 2000), and the 

Environmental Impact Statement for a 

Geologic Repository for the Disposal of 

Spent Nuclear Fuel and High-Level 

Radioactive Waste at Yucca Mountain 

(DOE/EIS–0250, February 2002) and its 

supplemental EISs (DOE/EIS–0250–S1, 

DOE/EIS–0250–S2, and DOE/EIS–0369, 

June 2008). Acceptance of Gap Material 

SNF will occur under the condition that 

Gap Material SNF complies with the 

acceptance criteria of the SRS facility 

receiving the Gap Material SNF and that 

sufficient storage capacity exists at the 

facility, pending disposition of the 

material. 

Decision 

DOE has decided to amend the FRR 

SNF EIS Record of Decision to accept up 

to 1 MTHM (1.1 tons) of foreign research 

reactor SNF containing either non-U.S.- 

origin HEU or SNF containing U.S.- 

origin HEU that was not previously 

addressed in the FRR SNF EIS.2 DOE 

would only accept the material if it 

poses a threat to national security, is 

susceptible for use in an improvised 

nuclear device, presents a high risk of 

terrorist threat, and has no other 

reasonable pathway to assure security 

from theft or diversion. 

Further, acceptance of this material 

would be undertaken consistent with 

existing conditions of the FRR SNF 

Acceptance Program. The FRR SNF 

Acceptance Program provides for fuel 

acceptance through May 12, 2019. DOE 

will continue limitations on shipment 

cask curie activity and will ensure that 

the upper limit estimate for the source 

term assumed in the FRR SNF EIS 

accident analysis will not be exceeded. 

DOE will extend the mitigation action 

plan announced in the May 1996 ROD 

and currently in place for FRR SNF to 

Gap Material SNF to ensure that 

individual ship crew member doses are 

maintained as low as reasonably 

achievable and less than 100 millirem in 

a year. Acceptance of Gap Material SNF 

will occur in accordance with processes 

implemented to ensure compliance with 

DOE and international requirements. 

Shipments of Gap Material SNF will 

occur under the condition that Gap 

Material SNF complies with the 

acceptance criteria of the SRS facility 

receiving the Gap Material SNF and that 

sufficient storage capacity exists at the 

facility, pending disposition of the 

material. 

Conclusion 

DOE’s decision furthers the 

nonproliferation objectives of the 

United States. The decision provides for 

the management and disposition of 

certain material not previously 

addressed in the FRR SNF EIS that 

poses a threat to national security, is 

susceptible to use in an improvised 

nuclear device, presents a high risk of 

terrorist threat, and has no other 

reasonable pathway to assure security 

from theft or diversion. 

The decision set forth in this Revised 

ROD complies with the requirements of 

NEPA (42 U.S.C. 4321 et seq.) and its 

implementing regulations at 40 CFR 

Parts 1500–1508 and 10 CFR Part 1021. 

Potential impacts resulting from 

implementing this action will remain 

within the range of the potential 

environmental impacts analyzed in the 

FRR SNF EIS. This action does not 

constitute either a substantial change or 

significant new circumstance relevant to 

environmental concerns. There are no 

significant new circumstances or 

information relevant to environmental 

concerns related to this action or its 

impacts within the meaning of 40 CFR 

1502.9(c) and 10 CFR 1021.314. 

Therefore, neither a supplement to the 

FRR SNF EIS nor a new EIS is needed. 

Issued in Washington, DC, on this 13th day 

of January, 2009. 

Thomas P. D’Agostino, 

Administrator, National Nuclear Security 

Administration. 

[FR Doc. E9–1279 Filed 1–22–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP08–6–003] 

Midcontinent Express Pipeline LLC; 

Notice of Application 

January 14, 2009. 

Take notice that on January 9, 2009, 

Midcontinent Express Pipeline LLC 

(Midcontinent), 3250 Lacey Road, Suite 

700, Downers Grove, Illinois 60515– 

7918, filed in the above-referenced 

docket an abbreviated application 

pursuant to section 7(c) of the Natural 

Gas Act (NGA) and Part 157 of the 

regulations of the Commission, to 

amend its certificate authority issued on 

July 25, 2008, in Docket No. CP08–6– 

000, in order to revise the initial 

transportation rates for Midcontinent’s 

Zone 1 and Zone 2 facilities. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211 and 

385.214). Protests will be considered by 

the Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

comment date. Anyone filing an 

intervention or protest must serve a 

copy of that document on the Applicant. 

On or before the comment date, it is not 

necessary to serve motions to intervene 

or protests on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

mstockstill on PROD1PC66 with NOTICES