Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 09-25420-01, for Termination of the License and Unrestricted Release of the U.S. Department of the Interior, U.S. Geological Survey-BRD Facility In Gainesville, Florida, 78229-78231 [E6-22240]

Download as PDF Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / Notices sroberts on PROD1PC70 with NOTICES actions taken in response to this Order shall be maintained until the Commission determines otherwise. The Licensee’s response to Conditions B.1, B.2, C.1, and C.2, above shall be submitted in accordance with 10 CFR 70.5. In addition, the Licensee’s submittals that contain Safeguards Information shall be properly marked and handled in accordance with the Order issued on August 28, 2006, requiring a program for protecting Safeguards Information. The Director, Office of Nuclear Material Safety and Safeguards, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. IV In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty (20) days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, and the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement, at the same address, to the Regional Administrator, NRC Region II, 61 Forsyth Street, SW, Suite 23T85, Atlanta, GA 30303–8931, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary VerDate Aug<31>2005 20:03 Dec 27, 2006 Jkt 211001 of the Commission either by means of facsimile transmission to 301–415–1101 or by e-mail to hearingdocket@nrc.gov and also to the Office of the General Counsel either by means of facsimile transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309. If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(i), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty (20) days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. An Answer or a request for hearing shall not stay the immediate effectiveness of this Order. Dated this 20th day of December, 2006. For The Nuclear Regulatory Commission. Jack R. Strosnider, Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. E6–22243 Filed 12–27–06; 8:45 am] BILLING CODE 7590–01–P PO 00000 78229 NUCLEAR REGULATORY COMMISSION [Docket No. 03034625] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 09–25420–01, for Termination of the License and Unrestricted Release of the U.S. Department of the Interior, U.S. Geological Survey—BRD Facility In Gainesville, Florida Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. AGENCY: FOR FURTHER INFORMATION CONTACT: Dennis Lawyer, Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 1, 475 Allendale Road, King of Prussia, Pennsylvania; telephone 610–337–5366; fax number 610–337–5393; or by e-mail: drl1@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of a license amendment to Byproduct Materials License No. 09– 25420–01. This license is held by U.S. Department of the Interior, U.S. Geological Survey—BRD (the Licensee), for its Florida Integrated Science Center (the Facility), located at 7920 NW 71st Street in Gainesville, Florida. Issuance of the amendment would authorize release of the Facility for unrestricted use and termination of the NRC license. The Licensee requested this action in a letter dated August 11, 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 amendment 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 approve the Licensee’s August 11, 2006, license amendment request, resulting in release of the Facility for unrestricted use and Frm 00102 Fmt 4703 Sfmt 4703 E:\FR\FM\28DEN1.SGM 28DEN1 78230 Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / Notices the termination of its NRC materials license. License No. 09–25420–01 was issued on January 29, 1998, pursuant to 10 CFR Part 30, and has been amended periodically since that time. This license authorized the Licensee to use unsealed byproduct material for purposes of conducting research and development activities on laboratory bench tops. The Facility is situated on a 28 acre parcel of land located within a 600 acre property owned by the University of Florida. The property is used by the University’s Fisheries Department and is surrounded by residential areas. Within the Facility, use of licensed materials was confined to Room 15, a 450 square feet room within the 28,000 square feet building, and a 64 square feet storage shed. By April 2006, the Licensee had ceased licensed activities and initiated a survey and decontamination of the Facility. Based on the Licensee’s historical knowledge of the site and the conditions of the Facility, the Licensee determined that only routine decontamination activities, in accordance with their NRC-approved, operating radiation safety procedures, were required. The Licensee was not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures are consistent with those approved for routine operations. The Licensee conducted surveys of the Facility and provided information to the NRC to demonstrate that it meets the criteria in Subpart E of 10 CFR Part 20 for unrestricted release and for license termination. sroberts on PROD1PC70 with NOTICES Need for the Proposed Action The Licensee has ceased conducting licensed activities at the Facility, and seeks the unrestricted use of its Facility and the termination of its NRC materials license. Termination of its license would end the Licensee’s obligation to pay annual license fees to the NRC. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that such activities involved use of the following radionuclides with halflives greater than 120 days: hydrogen-3 and carbon-14. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of the Facility affected by these radionuclides. The Licensee conducted a final status survey of the Facility on September 22 and October 24, 2006. The final status survey report was submitted to NRC with the Licensee’s letters dated October VerDate Aug<31>2005 20:03 Dec 27, 2006 Jkt 211001 25 and November 6, 2006. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by using the screening approach described in NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance,’’ Volume 2. The Licensee used the radionuclide-specific derived concentration guideline levels (DCGLs), developed there by the NRC, which comply with the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of residual radioactivity on building surfaces, equipment, and materials, and in soils, that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release. The Licensee’s final status survey results were below these DCGLs and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the Licensee’s final status survey results are acceptable. Based on its review, the staff has determined that the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG– 1496) Volumes 1–3 (ML042310492, ML042320379, and ML042330385). The staff finds there were no significant environmental impacts from the use of radioactive material at the Facility. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding the Facility. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of the Facility for unrestricted use and the termination of the NRC materials license is in compliance with 10 CFR 20.1402. Based on its review, the staff considered the impact of the residual radioactivity at the Facility and concluded that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d), requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC’s analysis of the Licensee’s final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release and for license termination. Additionally, denying the amendment 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 is consistent with the NRC’s unrestricted release criteria specified in 10 CFR 20.1402. Because 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 NRC provided a draft of this Environmental Assessment to the Florida Bureau of Radiation Control for review on November 20, 2006. On November 20, 2006, the Florida Bureau of Radiation Control responded by email. The State agreed with the conclusions of the EA, and otherwise had no comments. 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 E:\FR\FM\28DEN1.SGM 28DEN1 Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / Notices NUCLEAR REGULATORY COMMISSION IV. Further Information [Docket No. 030–36974] Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at https://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. NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance;’’ 2. Title 10 Code of Federal Regulations, Part 20, Subpart E, ‘‘Radiological Criteria for License Termination;’’ 3. Title 10, Code of Federal Regulations, Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;’’ 4. NUREG–1496, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRCLicensed Nuclear Facilities’’ 5. Department of Interior, Termination Request Letter, dated August 11, 2006 [ML062280486] 6. Department of Interior, Deficiency Response letter, dated September 19, 2006 [ML062640363] 7. Department of Interior, Deficiency Response letter, dated October 25, 2006 [ML063050464] 8. Department of Interior, Deficiency Response letter, dated November 6, 2006 [ML063170366] 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. sroberts on PROD1PC70 with NOTICES that a Finding of No Significant Impact is appropriate. Notice of Availability of Draft Environmental Assessment and Finding of No Significant Impact for Proposed Pa’ina Hawaii, LLC Irradiator in Honolulu, Hawaii Dated at Region 1, 475 Allendale Road, King of Prussia this 19th day of December 2006. For The Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 1. [FR Doc. E6–22240 Filed 12–27–06; 8:45 am] BILLING CODE 7590–01–P VerDate Aug<31>2005 20:03 Dec 27, 2006 Jkt 211001 Nuclear Regulatory Commission. ACTION: Notice of availability of opportunity to provide comments. AGENCY: SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC) is issuing a draft Environmental Assessment (EA) for the Pa’ina Hawaii, LLC (Pa’ina or the applicant) license application, dated June 27, 2005. The draft EA is being issued as part of the NRC’s decisionmaking process on whether to issue a license to Pa’ina, pursuant to Title 10 of the U.S. Code of Federal Regulations Part 36, ‘‘Licenses and Radiation Safety Requirements for Irradiators.’’ The license would authorize the use of sealed radioactive sources in an underwater irradiator for the production and research irradiation of food, cosmetic, and pharmaceutical products. The proposed irradiator would be located immediately adjacent to Honolulu International Airport on Palekona Street near Lagoon Drive. The irradiator would primarily be used for phytosanitary treatment of fresh fruit and vegetables bound for the mainland from the Hawaiian Islands and similar products being imported to the Hawaiian Islands as well as irradiation of cosmetics and pharmaceutical products. The irradiator would also be used by the applicant to conduct research and development projects, and irradiate a wide range of other materials as specifically approved by the NRC on a case-by-case basis. The NRC staff will also hold a public meeting to present an overview of the draft EA and to accept oral and written public comments. The meeting date, time and location are listed below: Meeting Date: Thursday, February 1, 2007. Meeting Location: Ala Moana Hotel, 410 Atkinson Drive, Honolulu, Hawaii 96814, Hotel Telephone number 808– 955–4811. Informal Open House: 6 p.m.—7 p.m. NRC Overview Presentation: 7 p.m.— 7:30 p.m. Question and Answer: 7:30 p.m.—8 p.m. Comment Session: 8 p.m.—9 p.m. Prior to the public meeting, the NRC staff will be available to informally PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 78231 discuss the proposed Pa’ina project and answer questions in an ‘‘open house’’ format. This ‘‘open house’’’ format provides for one-on-one discussions with the NRC staff involved with the preparation of the draft EA. The draft EA meeting officially begins at 7:00 PM and will include: (1) A presentation summarizing the contents of the draft EA and (2) an opportunity for interested government agencies, organizations, and individuals to provide comments on the draft EA. This portion of the meeting will be transcribed by a court reporter. Persons wishing to provide oral comments will be asked to register at the meeting entrance. Individual oral comments may have to be limited by the time available, depending upon the number of persons who register. Additionally, the NRC will set up a toll-free telephone number that interested members of the public may use to participate. Details of the toll free telephone number will be provided in a public notice prior to the meeting. Please note that comments do not have to provided at the public meeting and may be submitted at any time throughout the comment period as described in the DATES and ADDRESSES sections of this notice. DATES: The public comment period on the draft EA begins with publication of this notice and continues until February 8, 2007. Written comments should be submitted as described in the ADDRESSES section of this notice. Comments submitted by mail should be postmarked by that date to ensure consideration. Comments received or postmarked after that date will be considered to the extent practical. A public meeting to discuss the draft EA will be held as described in the SUMMARY section of this notice. ADDRESSES: Members of the public are invited and encouraged to submit comments to the Chief, Rules Review and Directives Branch, Mail Stop T6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. Please note Docket No. 030–36974 when submitting comments. Comments will also be accepted by e-mail at NRCREP@nrc.gov or by facsimile to (301) 415–5397, Attention: Matthew Blevins. FOR FURTHER INFORMATION CONTACT: Matthew Blevins, Environmental Project Manager, Environmental and Performance Assessment Branch, Division of Waste Management and Environmental Protection, Mail Stop T7-J8, U.S. Nuclear Regulatory Commission, Washington, DC, 20555– 0001. Telephone: (301) 415–7684; email: mxb6@nrc.gov E:\FR\FM\28DEN1.SGM 28DEN1

Agencies

[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Notices]
[Pages 78229-78231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22240]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 03034625]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials 
License No. 09-25420-01, for Termination of the License and 
Unrestricted Release of the U.S. Department of the Interior, U.S. 
Geological Survey--BRD Facility In Gainesville, Florida

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 
1, 475 Allendale Road, King of Prussia, Pennsylvania; telephone 610-
337-5366; fax number 610-337-5393; or by e-mail: drl1@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of a license amendment to Byproduct Materials License No. 09-
25420-01. This license is held by U.S. Department of the Interior, U.S. 
Geological Survey--BRD (the Licensee), for its Florida Integrated 
Science Center (the Facility), located at 7920 NW 71st Street in 
Gainesville, Florida. Issuance of the amendment would authorize release 
of the Facility for unrestricted use and termination of the NRC 
license. The Licensee requested this action in a letter dated August 
11, 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 
amendment 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 approve the Licensee's August 11, 2006, 
license amendment request, resulting in release of the Facility for 
unrestricted use and

[[Page 78230]]

the termination of its NRC materials license. License No. 09-25420-01 
was issued on January 29, 1998, pursuant to 10 CFR Part 30, and has 
been amended periodically since that time. This license authorized the 
Licensee to use unsealed byproduct material for purposes of conducting 
research and development activities on laboratory bench tops.
    The Facility is situated on a 28 acre parcel of land located within 
a 600 acre property owned by the University of Florida. The property is 
used by the University's Fisheries Department and is surrounded by 
residential areas. Within the Facility, use of licensed materials was 
confined to Room 15, a 450 square feet room within the 28,000 square 
feet building, and a 64 square feet storage shed.
    By April 2006, the Licensee had ceased licensed activities and 
initiated a survey and decontamination of the Facility. Based on the 
Licensee's historical knowledge of the site and the conditions of the 
Facility, the Licensee determined that only routine decontamination 
activities, in accordance with their NRC-approved, operating radiation 
safety procedures, were required. The Licensee was not required to 
submit a decommissioning plan to the NRC because worker cleanup 
activities and procedures are consistent with those approved for 
routine operations. The Licensee conducted surveys of the Facility and 
provided information to the NRC to demonstrate that it meets the 
criteria in Subpart E of 10 CFR Part 20 for unrestricted release and 
for license termination.

Need for the Proposed Action

    The Licensee has ceased conducting licensed activities at the 
Facility, and seeks the unrestricted use of its Facility and the 
termination of its NRC materials license. Termination of its license 
would end the Licensee's obligation to pay annual license fees to the 
NRC.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the 
Facility shows that such activities involved use of the following 
radionuclides with half-lives greater than 120 days: hydrogen-3 and 
carbon-14. Prior to performing the final status survey, the Licensee 
conducted decontamination activities, as necessary, in the areas of the 
Facility affected by these radionuclides.
    The Licensee conducted a final status survey of the Facility on 
September 22 and October 24, 2006. The final status survey report was 
submitted to NRC with the Licensee's letters dated October 25 and 
November 6, 2006. The Licensee elected to demonstrate compliance with 
the radiological criteria for unrestricted release as specified in 10 
CFR 20.1402 by using the screening approach described in NUREG-1757, 
``Consolidated NMSS Decommissioning Guidance,'' Volume 2. The Licensee 
used the radionuclide-specific derived concentration guideline levels 
(DCGLs), developed there by the NRC, which comply with the dose 
criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of 
residual radioactivity on building surfaces, equipment, and materials, 
and in soils, that will satisfy the NRC requirements in Subpart E of 10 
CFR Part 20 for unrestricted release. The Licensee's final status 
survey results were below these DCGLs and are in compliance with the As 
Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The 
NRC thus finds that the Licensee's final status survey results are 
acceptable.
    Based on its review, the staff has determined that the affected 
environment and any environmental impacts associated with the proposed 
action are bounded by the impacts evaluated by the ``Generic 
Environmental Impact Statement in Support of Rulemaking on Radiological 
Criteria for License Termination of NRC-Licensed Nuclear Facilities'' 
(NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). 
The staff finds there were no significant environmental impacts from 
the use of radioactive material at the Facility. The NRC staff reviewed 
the docket file records and the final status survey report to identify 
any non-radiological hazards that may have impacted the environment 
surrounding the Facility. No such hazards or impacts to the environment 
were identified. The NRC has identified no other radiological or non-
radiological activities in the area that could result in cumulative 
environmental impacts.
    The NRC staff finds that the proposed release of the Facility for 
unrestricted use and the termination of the NRC materials license is in 
compliance with 10 CFR 20.1402. Based on its review, the staff 
considered the impact of the residual radioactivity at the Facility and 
concluded that the proposed action will not have a significant effect 
on the quality of the human environment.

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the largely administrative nature of the proposed action, 
its environmental impacts are small. Therefore, the only alternative 
the staff considered is the no-action alternative, under which the 
staff would leave things as they are by simply denying the amendment 
request. This no-action alternative is not feasible because it 
conflicts with 10 CFR 30.36(d), requiring that decommissioning of 
byproduct material facilities be completed and approved by the NRC 
after licensed activities cease. The NRC's analysis of the Licensee's 
final status survey data confirmed that the Facility meets the 
requirements of 10 CFR 20.1402 for unrestricted release and for license 
termination. Additionally, denying the amendment 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 is consistent 
with the NRC's unrestricted release criteria specified in 10 CFR 
20.1402. Because 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

    NRC provided a draft of this Environmental Assessment to the 
Florida Bureau of Radiation Control for review on November 20, 2006. On 
November 20, 2006, the Florida Bureau of Radiation Control responded by 
e-mail. The State agreed with the conclusions of the EA, and otherwise 
had no comments.
    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

[[Page 78231]]

that a Finding of No Significant Impact is appropriate.

IV. Further Information

    Documents related to this action, including the application for 
license amendment and supporting documentation, are available 
electronically at the NRC's Electronic Reading Room at https://
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. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
    2. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination;''
    3. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions;''
    4. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities''
    5. Department of Interior, Termination Request Letter, dated August 
11, 2006 [ML062280486]
    6. Department of Interior, Deficiency Response letter, dated 
September 19, 2006 [ML062640363]
    7. Department of Interior, Deficiency Response letter, dated 
October 25, 2006 [ML063050464]
    8. Department of Interior, Deficiency Response letter, dated 
November 6, 2006 [ML063170366]
    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 1, 475 Allendale Road, King of Prussia this 19th 
day of December 2006.
    For The Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region 1.
 [FR Doc. E6-22240 Filed 12-27-06; 8:45 am]
BILLING CODE 7590-01-P
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