Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License Nos. 29-05218-28 and 29-15188-01, for Amendment of the Licenses and Unrestricted Release of the Rutgers, the State University of New Jersey and the University of Medicine and Dentistry of New Jersey Environmental Services Building Annex in Piscataway, NJ, 2715-2717 [E7-793]

Download as PDF Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices the National Science Foundation was originally scheduled for Thursday, February 1, 2007. This agenda item will now occur on Friday, February 2, 2007. NUCLEAR REGULATORY COMMISSION Dates/Time: February 1, 2007, 8:30 a.m.– 5:30 p.m. and February 2, 2007, 8:30 a.m.– 2 p.m. Place: National Science Foundation, 4201 Wilson Boulevard, Room 1235 S, Arlington, VA 22230. Type of Meeting: Open. Contact Person: Dr. Margaret E.M. Tolbert, Senior Advisor and Executive Liaison, CEOSE, Office of Integrative Activities, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230 Telephone: (703) 292–8040, mtolbert@nsf.gov. Minutes: May be obtained from the Executive Liaison at the above address. Purpose of Meeting: To provide advice and recommendations concerning broadening participation in science and engineering. Agenda: Amergen Energy Company, LLC Oyster Creek Nuclear Generating Station; Notice of Availability of the Final Supplement 28 to the Generic Environmental Impact Statement for License Renewal of Nuclear Plants, Regarding the License Renewal of Oyster Creek Nuclear Generating Station Thursday, February 1, 2007 Welcome and Introduction of the New CEOSE Chair by the Outgoing CEOSE Chair, Opening Statement by the New CEOSE Chair. Introductions Presentations and Discussions: • Broadening Participation Initiatives, Issues, and Achievements of a Major Office and a Directorate of the National Science Foundation • Diversity Initiatives of the Chemistry Division of the National Science Foundation • Report on NSF Funding to Minority Serving Institutions • Ad Hoc Subcommittee Reports on Communications, Preparation of the CEOSE Biennial Report to Congress, Institutional Transformation, and Widening Creative Pathways Public Comment Session (Sign up required). Friday, February 2, 2007 rmajette on PROD1PC67 with NOTICES Opening Statement by the New CEOSE Chair. Presentation/Discussions: • Discussion with the Director of the National Science Foundation • Reports of CEOSE Liaisons to National Science Foundation Advisory Committees • Briefing on AAAS Session, Lessons Learned: Broadening Federal Participation Efforts’’, Scheduled for February 17, 2007 • Deliberations on Key Areas of Focus in the Future, Recommendations, and Action Items Completion of Unfinished Business. Dated: January 17, 2007. Susanne Bolton, Committee Management Officer. [FR Doc. 07–222 Filed 1–19–07; 8:45 am] BILLING CODE 7555–01–M VerDate Aug<31>2005 15:20 Jan 19, 2007 Jkt 211001 [Docket No. 50–219] Notice is hereby given that the U.S. Nuclear Regulatory Commission (NRC, Commission) has published a final plant-specific supplement to the ‘‘Generic Environmental Impact Statement for License Renewal of Nuclear Plants (GEIS),’’ NUREG–1437, regarding the renewal of operating license DPR–16 for an additional 20 years of operation for the Oyster Creek Nuclear Generating Station (OCNGS). OCNGS is located along the western shore of Barnegat Bay between the South Branch of Forked River and Oyster Creek, in Ocean County, New Jersey. Possible alternatives to the proposed action (license renewal) include no action and reasonable alternative energy sources. As discussed in Section 9.3 of the final Supplement 28, based on: (1) The analysis and findings in the GEIS; (2) the Environmental Report submitted by AmerGen Energy Company, LLC; (3) consultation with Federal, State, and local agencies; (4) the staff’s own independent review; and (5) the staff’s consideration of public comments, the recommendation of the staff is that the Commission determine that the adverse environmental impacts of license renewal for OCNGS are not so great that preserving the option of license renewal for energy-planning decision makers would be unreasonable. The final Supplement 28 to the GEIS is publicly available at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, or from the NRC’s Agencywide Documents Access and Management System (ADAMS). The ADAMS Public Electronic Reading Room is accessible at http://adamswebsearch.nrc.gov/ dologin.htm. The Accession Numbers for the final Supplement 28 to the GEIS are ML070100234 (Volume 1) and ML070100258 (Volume 2). Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC’s PDR reference staff by telephone at 1–800–397–4209, or 301– 415–4737, or by e-mail at pdr@nrc.gov. PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 2715 In addition, the Lacey Public Library, located at 10 East Lacey Road, Forked River, New Jersey 08731, has agreed to make the final Supplement 28 to the GEIS available for public inspection. For Further Information Contact: Dr. Michael Masnik, Environmental Branch B, Division of License Renewal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Mail Stop O–11F1, Washington, DC 20555– 0001. Dr. Masnik may be contacted at 1– 800–368–5642, extension 1191 or via email at mtm2@nrc.gov. Dated at Rockville, Maryland, this 17th day of January, 2007. For the Nuclear Regulatory Commission. Rani Franovich, Branch Chief, Environmental Branch B, Division of License Renewal, Office of Nuclear Reactor Regulation. [FR Doc. E7–798 Filed 1–19–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 03000883 and 03008709] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License Nos. 29–05218–28 and 29– 15188–01, for Amendment of the Licenses and Unrestricted Release of the Rutgers, the State University of New Jersey and the University of Medicine and Dentistry of New Jersey Environmental Services Building Annex in Piscataway, NJ Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. AGENCY: FOR FURTHER INFORMATION CONTACT: Steve Hammann, Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone (610) 337– 5399; fax number (610) 337–5269; or by e-mail: sth2@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of license amendments to Byproduct Materials License Nos. 29– 05218–28 and 29–15188–01. These licenses are held by Rutgers, The State University of New Jersey and the University of Medicine and Dentistry of E:\FR\FM\22JAN1.SGM 22JAN1 2716 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices New Jersey (the Licensees), for the Environmental Services Building Annex (the Facility), located at 126 Davidson Road in Piscataway, New Jersey. Issuance of the amendments would authorize release of the Facility for unrestricted use. The Licensees requested this action in a letter dated November 2, 2006. The NRC has prepared an Environmental Assessment (EA) in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), Part 51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendments will be issued to the Licensees following the publication of this FONSI and EA in the Federal Register. II. Environmental Assessment rmajette on PROD1PC67 with NOTICES Identification of Proposed Action The proposed action would approve the Licensees’ November 2, 2006, license amendment requests, resulting in release of the Facility for unrestricted use. Utilization of licensed material at the Facility started on March 13, 1962, with the use of an irradiator for research and development. The irradiator ceased operations in the mid 1970s. From the mid 1970s through August 2005, the Facility served as a processing, packaging, and storage area for radioactive wastes for the Licensees. The Facility is situated on approximately one acre of land and has three attached buildings with a total area of 2,461 square feet. The Facility is located on the Bush Campus of Rutgers University. In August 2005, the Licensees ceased licensed activities at the Facility and on September 22, 2006, initiated a final status survey of the Facility. Based on the Licensees’ historical knowledge of the site and the conditions of the Facility, the Licensees determined that only routine decontamination activities, in accordance with their NRC-approved operating radiation safety procedures, were required. The Licensees were not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures were consistent with those approved for routine operations. The Licensees 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. Need for the Proposed Action The Licensees have ceased conducting licensed activities at the VerDate Aug<31>2005 15:20 Jan 19, 2007 Jkt 211001 Facility and seek the unrestricted use of the Facility. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that the radionuclides of concern with half-lives greater than 120 days are hydrogen-3, carbon-14, and cesium-137. Prior to performing the final status survey, the Licensees conducted decontamination activities, as necessary, in the areas of the Facility affected by these radionuclides. The Licensees conducted a final status survey on September 22, 2006. The final status survey report was submitted to the NRC with the Licensees’ amendment request dated November 2, 2006. The Licensees 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 Licensees 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 Licensees’ 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 Licensees’ 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 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 Licensees’ final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release. 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 State of New Jersey Department of Environmental Protection for review on December 4, 2006. On December 14, 2006, the State of New Jersey Department of Environmental Protection responded by letter. 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 E:\FR\FM\22JAN1.SGM 22JAN1 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices 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 rmajette on PROD1PC67 with NOTICES IV. Further Information 15:20 Jan 19, 2007 beneficiary developing countries for GSP. Dated at King of Prussia, Pennsylvania this 12th day of January, 2007. For The Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E7–793 Filed 1–19–07; 8:45 am] Susan C. Schwab, United States Trade Representative. [FR Doc. E7–809 Filed 1–19–07; 8:45 am] Jkt 211001 BILLING CODE 3190–W7–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–55085; File No. SR– NYSEArca–2006–37] OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Generalized System of Preferences (GSP): Accession of Bulgaria and Romania to the European Union (EU) and Loss of GSP Eligibility Office of the United States Trade Representative (USTR). AGENCY: 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 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. 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. Notification Letter dated September 6, 2006 (ML062850444); 6. Amendment Request Letter with Final Status Report (ML063210371). 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 VerDate Aug<31>2005 reproduction contractor will copy documents for a fee. BILLING CODE 7590–01–P 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. 2717 ACTION: Notice. SUMMARY: As a result of becoming EU Member States on January 1, 2007, Bulgaria and Romania are no longer designated as beneficiary developing countries under the U.S. GSP program, effective as of that date. GSP Subcommittee, Office of the United States Trade Representative, USTR Annex, 1724 F Street, NW., Room F220, Washington, DC 20508. The telephone number is 202–395–6971. FOR FURTHER INFORMATION CONTACT: The GSP program is authorized pursuant to title V of the Trade Act of 1974, as amended (‘‘the Trade Act’’) (19 U.S.C. 2461 et seq.). The GSP program grants duty-free treatment to designated eligible articles that are imported from designated beneficiary developing countries. Countries that may not be designated as beneficiary countries for purposes of the GSP include, among others, EU Member States (19 U.S.C. 2462(b)). In Proclamation 8098 (December 29, 2006), the President, pursuant to section 502(b)(1)(C) of the Trade Act of 1974, as amended (19 U.S.C. 2462(b)(1)(C)), announced that ‘‘Bulgaria and Romania shall no longer be designated as beneficiary developing countries for GSP upon the date that each country becomes a European Union Member State. The United States Trade Representative shall announce each such date in a notice published in the Federal Register.’’ The United States Trade Representative hereby announces that January 1, 2007, was the date on which Bulgaria and Romania became EU Member States and are no longer SUPPLEMENTARY INFORMATION: PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Order Granting Accelerated Approval of Proposed Rule Change as Modified by Amendment No. 1 Thereto To Trade the StreetTRACKS Dow Jones Global Titans Index Fund Pursuant to Unlisted Trading Privileges January 11, 2007. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on October 18, 2006, NYSE Arca, Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been substantially prepared by the Exchange. On January 4, 2007, the Exchange amended the proposed rule change (‘‘Amendment No. 1’’).3 This order provides notice of the proposed rule change, as modified by Amendment No. 1, and approves the proposed rule change as amended on an accelerated basis. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange, through its wholly owned subsidiary NYSE Arca Equities, Inc. (‘‘NYSE Arca Equities’’) proposes to trade shares (‘‘Shares’’) of the streetTRACKS Dow Jones Global Titans Index Fund (Symbol: DGT) (‘‘Fund’’) pursuant to unlisted trading privileges (‘‘UTP’’) based on NYSE Arca Equities Rule 5.2(j)(3). The text of the proposed rule change is available on the Exchange’s Web site (http://www.nysearca.com), at the principal office of the Exchange, and at the Commission’s Public Reference Room. 1 15 U.S.C. 78s(b)(1). CFR 240.19b–4. 3 In Amendment No. 1 the Exchange provided additional information relating to the dissemination of the index value and the estimates of the value of the fund shares. 2 17 E:\FR\FM\22JAN1.SGM 22JAN1

Agencies

[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Notices]
[Pages 2715-2717]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-793]


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

NUCLEAR REGULATORY COMMISSION

[Docket Nos. 03000883 and 03008709]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials 
License Nos. 29-05218-28 and 29-15188-01, for Amendment of the Licenses 
and Unrestricted Release of the Rutgers, the State University of New 
Jersey and the University of Medicine and Dentistry of New Jersey 
Environmental Services Building Annex in Piscataway, NJ

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment.

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

FOR FURTHER INFORMATION CONTACT: Steve Hammann, Health Physicist, 
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 
I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone (610) 
337-5399; fax number (610) 337-5269; or by e-mail: sth2@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of license amendments to Byproduct Materials License Nos. 29-
05218-28 and 29-15188-01. These licenses are held by Rutgers, The State 
University of New Jersey and the University of Medicine and Dentistry 
of

[[Page 2716]]

New Jersey (the Licensees), for the Environmental Services Building 
Annex (the Facility), located at 126 Davidson Road in Piscataway, New 
Jersey. Issuance of the amendments would authorize release of the 
Facility for unrestricted use. The Licensees requested this action in a 
letter dated November 2, 2006. The NRC has prepared an Environmental 
Assessment (EA) in support of this proposed action in accordance with 
the requirements of Title 10, Code of Federal Regulations (CFR), Part 
51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a 
Finding of No Significant Impact (FONSI) is appropriate with respect to 
the proposed action. The amendments will be issued to the Licensees 
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 Licensees' November 2, 2006, 
license amendment requests, resulting in release of the Facility for 
unrestricted use. Utilization of licensed material at the Facility 
started on March 13, 1962, with the use of an irradiator for research 
and development. The irradiator ceased operations in the mid 1970s. 
From the mid 1970s through August 2005, the Facility served as a 
processing, packaging, and storage area for radioactive wastes for the 
Licensees. The Facility is situated on approximately one acre of land 
and has three attached buildings with a total area of 2,461 square 
feet. The Facility is located on the Bush Campus of Rutgers University.
    In August 2005, the Licensees ceased licensed activities at the 
Facility and on September 22, 2006, initiated a final status survey of 
the Facility. Based on the Licensees' historical knowledge of the site 
and the conditions of the Facility, the Licensees determined that only 
routine decontamination activities, in accordance with their NRC-
approved operating radiation safety procedures, were required. The 
Licensees were not required to submit a decommissioning plan to the NRC 
because worker cleanup activities and procedures were consistent with 
those approved for routine operations. The Licensees 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.

Need for the Proposed Action

    The Licensees have ceased conducting licensed activities at the 
Facility and seek the unrestricted use of the Facility.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the 
Facility shows that the radionuclides of concern with half-lives 
greater than 120 days are hydrogen-3, carbon-14, and cesium-137. Prior 
to performing the final status survey, the Licensees conducted 
decontamination activities, as necessary, in the areas of the Facility 
affected by these radionuclides.
    The Licensees conducted a final status survey on September 22, 
2006. The final status survey report was submitted to the NRC with the 
Licensees' amendment request dated November 2, 2006. The Licensees 
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 Licensees 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 Licensees' 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 Licensees' 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 Licensees' 
final status survey data confirmed that the Facility meets the 
requirements of 10 CFR 20.1402 for unrestricted release. 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 State 
of New Jersey Department of Environmental Protection for review on 
December 4, 2006. On December 14, 2006, the State of New Jersey 
Department of Environmental Protection responded by letter. 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

[[Page 2717]]

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 
license amendment 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. 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. Notification Letter dated September 6, 2006 (ML062850444);
    6. Amendment Request Letter with Final Status Report (ML063210371).
    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 King of Prussia, Pennsylvania this 12th day of January, 
2007.

    For The Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E7-793 Filed 1-19-07; 8:45 am]
BILLING CODE 7590-01-P