Nuclear Fuel Services, Inc., Environmental Assessment and Finding of No Significant Impact Related to Proposed License Amendment Authorizing Increased Possession Limit, 62880-62883 [E7-21861]
Download as PDF
<![CDATA[
62880
Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
Maritime Advisory Committee for
Occupational Safety and Health; Notice
of Meeting
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Maritime Advisory Committee
for Occupational Safety and Health;
notice of meeting.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: The Maritime Advisory
Committee for Occupational Safety and
Health (‘‘MACOSH’’ or ‘‘Committee’’)
was established to advise the Assistant
Secretary of Labor for OSHA on issues
relating to occupational safety and
health in the maritime industries. The
purpose of this Federal Register notice
is to announce the MACOSH and
workgroup meetings scheduled for
November 27–28, 2007.
DATES: The workgroups will meet on
November 27, 2007, from 8:15 a.m. until
approximately 5:15 p.m. in conference
rooms C–5515–A and B. MACOSH will
meet on November 28, 2007, from 8:30
a.m. until approximately 5:30 p.m. in
conference rooms S–5215–A, B, and C.
ADDRESSES: The Committee and
workgroups will meet at the Frances
Perkins Building, U.S. Department of
Labor, 200 Constitution Avenue, NW.,
Washington, DC 20210. Building
security requires that attendees have
photographic identification (e.g., a valid
driver’s license) and pass through a
screening device. Mail comments,
views, or statements in response to this
notice to Joseph V. Daddura, Acting
Director, Office of Maritime, OSHA,
U.S. Department of Labor, Room N–
3609, 200 Constitution Avenue, NW.,
Washington, DC 20210; phone (202)
693–2086; FAX: (202) 693–1663.
FOR FURTHER INFORMATION CONTACT: For
general information about MACOSH
and this meeting, contact: Joseph V.
Daddura, Acting Director, Office of
Maritime, U.S. Department of Labor,
Room N–3609, 200 Constitution
Avenue, NW., Washington, DC 20210;
phone: (202) 693–2086. Individuals
with disabilities wishing to attend the
meeting should contact Vanessa L.
Welch at (202) 693–2086 no later than
November 20, 2007, to obtain
appropriate accommodations.
SUPPLEMENTARY INFORMATION: All
MACOSH meetings and workgroup
meetings are open to the public. All
interested persons are invited to attend
the MACOSH and workgroup meetings
at the times and places listed above.
Each workgroup may discuss one or
VerDate Aug<31>2005
17:34 Nov 06, 2007
Jkt 214001
more of the topics listed for that
workgroup as time permits. The meeting
times for each workgroup are
approximate and subject to change
without advance notice.
The Longshoring workgroup will meet
from 8:15 a.m. until 10:15 a.m. in
conference room C–5515–A.
Discussions may include the traffic
safety in marine terminals guidance
document, roll-on roll-off cargo
guidance document, and the
International Maritime Organization’s
(IMO) initiative on cargo-lashing safety.
The Shipyards workgroup will meet
from 8:15 a.m. until 10:15 a.m. in
conference room C–5515–B. Discussions
may include spray paint standards and
hot work on coatings.
The Cranes and Falls workgroup will
meet from 10:15 a.m. until 12:15 p.m. in
conference room C–5515–A.
Discussions may include working over
water from aerial work platforms and
the National Transportation Safety
Board’s recommendation to OSHA on
the Athena 106 investigation.
The Outreach and Safety Culture
workgroup will meet from 1:15 p.m.
until 3:15 p.m. in conference room C–
5515–A. Discussions may include
leading indicators, e-tools, non-English
worker issues, new technology and
safety, updating the OSHA Training
Institute shipyard and longshoring
courses, the new maritime outreach
training course, and an update from the
Mobile Area OSHA maritime alliance on
the 10-hour and 30-hour outreach
courses.
The Health workgroup will meet from
3:15 p.m. until 5:15 p.m. in conference
room C–5515–A. Discussions will
include radiation exposure in marine
terminals.
MACOSH agenda: The agenda will
include: An OSHA activities update,
report on Ergonomics for the Prevention
of Musculoskeletal Disorders:
Guidelines for Shipyards, reports from
each workgroup, an update on the
NIOSH maritime hearing-protection
study, a briefing on the NIOSH National
Occupational Research Agenda
(‘‘NORA’’), an update on OSHA’s
electrical standard, and a review of the
minutes from the previous meeting.
Public Participation: Written data,
views, or comments for consideration by
MACOSH on the various agenda items
listed above should be submitted to
Vanessa L. Welch at the address listed
above. Submissions received by
November 20, 2007, will be provided to
Committee members and will be
included in the record of the meeting.
Requests to make oral presentations to
the Committee may be granted as time
permits. Anyone wishing to make an
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
oral presentation to the Committee on
any of the agenda items listed above
should notify Vanessa L. Welch by
November 20, 2007. The request should
state the amount of time desired, the
capacity in which the person will
appear, and a brief outline of the
content of the presentation.
Authority: Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice
under the authority granted by Sections
6(b)(1) and 7(b) of the Occupational
Safety and Health Act of 1970 (29 U.S.C.
655, 656), the Federal Advisory
Committee Act (5 U.S.C. App. 2),
Secretary of Labor’s Order 5–2007 (72
FR 31159), and 29 CFR part 1912.
Signed at Washington, DC on November 2,
2007.
Edwin G. Foulke, Jr.,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. E7–21845 Filed 11–6–07; 8:45 am]
BILLING CODE 4510–26–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–143]
Nuclear Fuel Services, Inc.,
Environmental Assessment and
Finding of No Significant Impact
Related to Proposed License
Amendment Authorizing Increased
Possession Limit
Nuclear Regulatory
Commission.
AGENCY:
Environmental Assessment and
Finding of No Significant Impact.
ACTION:
FOR FURTHER INFORMATION CONTACT:
Kevin M. Ramsey, Fuel Manufacturing
Branch, Division of Fuel Cycle Safety
and Safeguards, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Mail
Stop E–2C40M, Washington, DC 20555–
0001, telephone (301) 492–3123 and email kmr@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U. S. Nuclear Regulatory
Commission (NRC) staff is considering a
request to amend Materials License
SNM–124, issued to Nuclear Fuel
Services, Inc. (NFS) (the licensee), to
authorize an increase in the possession
limit of high-enriched uranium (HEU).
The NRC has prepared an
E:\FR\FM\07NON1.SGM
07NON1
Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices
Environmental Assessment (EA) in
support of this action. Based upon the
EA, the NRC has concluded that a
Finding of No Significant Impact
(FONSI) is appropriate and, therefore,
an Environmental Impact Statement
(EIS) will not be prepared.
II. Environmental Assessment
Background
The NFS facility in Erwin, Tennessee
is authorized, under License SNM–124,
to manufacture high-enriched nuclear
reactor fuel. In addition, NFS is
authorized to blend HEU with natural
uranium and manufacture low-enriched
nuclear reactor fuel. License SNM–124
limits the amount of HEU that NFS may
possess for these operations. On May 15,
2007, NFS requested a license
amendment to increase its possession
limit of HEU (Ref. 5).
Review Scope
The purpose of this EA is to assess the
environmental impacts of the proposed
license amendment. It does not approve
the request. This EA is limited to the
proposed possession limit increase and
any cumulative impacts to existing
plant operations. The existing
conditions and operations at the Erwin
facility were evaluated, by the NRC, for
environmental impacts in a 1999 EA
related to the renewal of the NFS license
(Ref. 1), and a 2002 EA related to the
first amendment for the Blended LowEnriched Uranium (BLEU) Project (Ref.
2). The 2002 EA assessed the impact of
the entire BLEU Project, using the
information available at that time. A
2003 EA (Ref. 3) and a 2004 EA (Ref. 4),
related to additional BLEU Project
amendments confirmed the FONSI
issued in 2002. This assessment
presents information and an analysis for
determining that the issuance of a
FONSI is appropriate and that an EIS
will not be prepared.
pwalker on PROD1PC71 with NOTICES
Proposed Action
The proposed action is to amend NRC
Materials License SNM–124, to
authorize an increase in the possession
limit for uranium enriched up to 100
weight percent in the uranium-235
isotope (Ref. 5). The proposed action is
limited to possession and storage only.
No changes to processing operations are
requested, and no construction of new
facilities are requested.
Need for Proposed Action
The proposed action is being
requested because a larger inventory of
HEU is needed to support NFS
operations. Two factors are driving this
need. One factor is a request from the
U.S. Department of Energy (DOE) that
VerDate Aug<31>2005
16:14 Nov 06, 2007
Jkt 214001
NFS establish an inventory of HEU that
would allow continuous operations for
six to twelve months of processes that
support DOE programs. This would
allow NFS to continue operating if an
increased threat level or other incidents
required shipments of HEU to be
interrupted or curtailed. Another factor
is the lower-than-planned processing
rate at the Blended Low-Enriched
Uranium Preparation Facility (BPF).
BPF operations support commercial
programs that are separate from DOE
programs. Difficulties with BPF
equipment and operations have caused
delays and low processing rates. This
has created a backlog of material in
storage because material is being
received faster than it is being
processed.
Alternatives
The alternatives available to the NRC
are:
1. Approve the license amendment as
described; or
2. No action (i.e., deny the request).
Affected Environment
The affected environment for the
proposed action and the alternative is
the NFS site. The affected environment
is identical to the affected environment
assessed in the 2002 EA that is related
to the first amendment for the BLEU
Project (Ref. 2). A full description of the
site and its characteristics is given in the
2002 EA. Additional information can be
found in the 1999 EA related to the
renewal of the NFS license (Ref. 1). The
NFS facility is located in Unicoi County,
Tennessee, about 32 km (20 mi)
southwest of Johnson City, Tennessee.
The plant is about 0.8 km (0.5 mi)
southwest of the Erwin city limits. The
site occupies about 28 hectares (70
acres). The site is bounded to the
northwest by the CSX Corporation
(CSX) railroad property and the
Nolichucky River, and by Martin Creek
to the northeast. The plant elevation is
about 9 m (30 ft) above the nearest point
on the Nolichucky River.
The area adjacent to the site consists
primarily of residential, industrial, and
commercial areas, with a limited
amount of farming to the northwest.
Privately owned residences are located
to the east and south of the facility.
Tract size is relatively large, leading to
a low housing density in the areas
adjacent to the facility. The CSX
railroad right-of-way is parallel to the
western boundary of the site. Industrial
development is located adjacent to the
railroad on the opposite side of the
right-of-way. The site is bounded by
Martin Creek to the north, with
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
62881
privately owned, vacant property and
low-density residences.
Effluent Releases and Monitoring
A full description of the effluent
monitoring program at the site is
provided in the 2002 EA, related to the
first amendment for the BLEU Project
(Ref. 2). Additional information is
available in the 1999 EA related to the
renewal of the NFS license (Ref. 1). The
NFS Erwin plant conducts effluent and
environmental monitoring programs to
evaluate potential public health impacts
and comply with the NRC effluent and
environmental monitoring
requirements. The effluent program
monitors the airborne, liquid, and solid
waste streams produced during
operation of the NFS plant. The
environmental program monitors the
air, surface water, sediment, soil,
groundwater, and vegetation in and
around the NFS plant.
Airborne, liquid, and solid effluent
streams that contain radioactive
material are generated at the NFS plant
and monitored to ensure compliance
with the NRC regulations in 10 CFR Part
20. Each effluent is monitored at or just
before the point of release. The results
of effluent monitoring are reported to
the NRC on a semi-annual basis, in
accordance with 10 CFR 70.59.
Airborne and liquid effluents are also
monitored for nonradiological
constituents in accordance with State
discharge permits. For the purpose of
this EA, the State of Tennessee is
expected to set limits on effluents,
under its regulatory control, that are
protective of health and safety and the
local environment.
Impacts of Proposed Action
1. Normal Operations
The proposed action is limited to
increasing the authorized amount of
HEU in storage. No construction of new
facilities is proposed and no changes to
processing operations have been
requested. Based on the information
provided by NFS, the safety controls to
be employed for the proposed action,
appear to be sufficient to ensure that
planned operations will have no
significant impact on the environment.
Radiological Impacts: The proposed
action involves no changes to
processing operations. No increase is
expected in effluent air emissions
discharged through stacks at the site. In
addition, no increase is expected in
liquid effluents discharged to the
sanitary sewer. Therefore, the proposed
action will have no impact on the total
annual dose estimate for the maximally
exposed individual from all planned
E:\FR\FM\07NON1.SGM
07NON1
62882
Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices
effluents. The dose to workers may
increase slightly because more
radioactive material will be stored at the
site. However, occupational dose is
monitored and controlled in accordance
with applicable NRC regulations;
therefore, no adverse impacts are
expected. Surface water quality at the
NFS site is currently protected by
enforcing release limits and monitoring
programs. No change in surface water
impacts is expected. The proposed
action will not discharge any effluents
to the groundwater; therefore, no
adverse impacts to groundwater are
expected.
The proposed action involves
transportation of radioactive feed
material to the NFS site, which will lead
to transportation of radioactive products
and waste material from the NFS site.
All transportation will be conducted in
accordance with the applicable NRC
and U.S. Department of Transportation
regulations; therefore, no adverse
impacts from transportation activities
are expected.
Land Use: The proposed action
involves storage of radioactive material
at existing facilities. No new facilities
will be constructed; therefore, no
adverse impact to land use is expected.
Cultural Resources: The proposed
action involves storage of radioactive
material at existing facilities. The NRC
staff considers this a type of activity that
does not have the potential to affect
historic properties. No adverse impact
to cultural resources is expected.
Biotic Resources: The proposed action
will not change current land use or
effluents at the site. Therefore, the NRC
finds that the proposed action will not
affect any Federally endangered or
threatened species.
Impacts of No Action Alternative
Under the no action alternative, NFS
would not be able to increase its
inventory of HEU to support current
operations. This would require NFS to
stop receiving HEU shipments until
enough material has been processed and
removed from the site before another
shipment could be received. Failure to
fulfill its role in government and
commercial programs could cause NFS’s
customers to select other alternatives
that may be less cost effective and incur
greater environmental impacts. If NFS is
unable to fulfill its contractual
obligations, customers may transfer
work to other facilities.
Conclusion
Based on its review, the NRC has
concluded that the environmental
impacts associated with the proposed
action are not significant and, therefore,
do not warrant denial of the proposed
license amendment. The NRC has
determined that the proposed action,
the approval of the license amendment
as described, is the appropriate
alternative for selection. Based on an
evaluation of the environmental impacts
of the proposed license amendment, the
NRC has determined that the proper
action is to issue a FONSI.
Agencies and Persons Contacted
The proposed action will not result in
any new or modified accident
sequences. The Integrated Safety
Analysis performed by NFS already
considers all authorized storage
locations to be filled to maximum
capacity with HEU. The NRC finds that
the safety controls to be employed in the
proposed action are sufficient to ensure
planned activities will be safe.
On September 21, 2007, the NRC staff
contacted the Deputy Director of the
Division of Radiological Health at the
Tennessee Department of Environment
and Conservation (TDEC) concerning
this EA. On October 1, 2007, the Deputy
Director responded that TDEC reviewed
the draft EA and had no comments (Ref.
6).
The NRC staff has determined that the
proposed action will not affect listed
species or critical habitat. Therefore, no
consultation is required under Section 7
of the Endangered Species Act.
Likewise, the NRC staff has determined
that the proposed action is not the type
of activity that has the potential to cause
effects on historic properties. Therefore,
no consultation is required, under
Section 106 of the National Historic
Preservation Act.
3. Cumulative Impacts
References
The NRC has considered the impacts
of the proposed action together with the
known impacts of the existing facility.
After reviewing the information
provided, the NRC concludes that the
cumulative impacts represent an
insignificant change to the existing
conditions in the area surrounding the
NFS site.
1. U.S. Nuclear Regulatory Commission,
‘‘Environmental Assessment for Renewal of
Special Nuclear Material License No. SNM–
124,’’ January 1999, ADAMS No.
ML031150418
2. U.S. Nuclear Regulatory Commission,
‘‘Environmental Assessment for Proposed
License Amendments to Special Nuclear
Material License No. SNM–124 Regarding
Downblending and Oxide Conversion of
pwalker on PROD1PC71 with NOTICES
2. Potential Accidents
VerDate Aug<31>2005
16:14 Nov 06, 2007
Jkt 214001
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
Surplus High-Enriched Uranium,’’ June 2002,
ADAMS No. ML021790068.
3. U.S. Nuclear Regulatory Commission,
‘‘Environmental Assessment and Finding of
No Significant Impact for the BLEU
Preparation Facility,’’ September 2003,
ADAMS No. ML032390428.
4. U.S. Nuclear Regulatory Commission,
‘‘Environmental Assessment and Finding of
No Significant Impact for the Oxide
Conversion Building and the Effluent
Processing Building at the BLEU Complex,’’
June 2004, ADAMS No. ML041470176.
5. Nuclear Fuel Services, ‘‘Amendment
Request to Increase the U–235 Possession
Limit for the NFS Site,’’ May 15, 2007,
ADAMS No. ML072550166.
6. D. Shults, Tennessee Division of
Radiological Health, e-mail to K. Ramsey,
U.S. Nuclear Regulatory Commission,
‘‘Consultation with Tennessee on EA for NFS
Possession Limit Increase,’’ October 1, 2007,
ADAMS No. ML072760398.
III. Finding of No Significant Impact
Pursuant to 10 CFR Part 51, the NRC
staff has considered the environmental
consequences of amending NRC
Materials License SNM–124 to increase
the possession limit for the NFS facility.
On the basis of this assessment, the
Commission has concluded that
environmental impacts associated with
the proposed action would not be
significant and the Commission is
making a finding of no significant
impact. Accordingly, the preparation of
an EIS is not warranted.
IV. Further Information
Documents related to this action,
including the application for
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 ADAMS accession
numbers for the documents related to
this notice are listed in the references
above. 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 Public Document
Room (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 Rockville, Maryland this 25th day
of October, 2007.
E:\FR\FM\07NON1.SGM
07NON1
Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices
For the Nuclear Regulatory Commission.
Peter J. Habighorst,
Chief, Fuel Manufacturing Branch, Fuel
Facility Licensing Directorate, Division of Fuel
Cycle Safety and Safeguards, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. E7–21861 Filed 11–6–07; 8:45 am]
OFFICE OF PERSONNEL
MANAGEMENT
Submission for OMB Review;
Comment Request for Review of an
Extension, Without Change, of a
Currently Approved Information
Collection: SF 2823
Brenda Aguilar, OPM Desk Officer,
Office of Information & Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
NW., Room 10235, Washington, DC
20503.
For Information Regarding
Administrative Coordination Contact:
Cyrus S. Benson, Team Leader,
Publications Team, RIS Support
Services/Support Group, (202) 606–
0623.
Classes in which SAL is activated. The
text of the proposed rule change is
available on the Exchange’s Web site
(https://www.cboe.com/Legal ), at the
Exchange’s Office of the Secretary, and
at the Commission’s Public Reference
Room.
U.S. Office of Personnel Management.
Howard Weizmann,
Deputy Director.
[FR Doc. E7–21862 Filed 11–6–07; 8:45 am]
BILLING CODE 7590–01–P
In its filing with the Commission,
CBOE included statements concerning
the purpose of, and basis for, the
proposed rule change and discussed any
comments it received on the proposed
rule change. The text of these statements
may be examined at the places specified
in Item IV below. CBOE has prepared
summaries, set forth in Sections A, B,
and C below, of the most significant
aspects of such statements.
BILLING CODE 6325–38–P
Office of Personnel
Management.
ACTION: Notice.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SECURITIES AND EXCHANGE
COMMISSION
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, May 22, 1995), this notice
announces that the Office of Personnel
Management (OPM) will submit to the
Office of Management and Budget
(OMB) a request for review of an
extension, without change, of a
currently approved information
collection. SF 2823, Designation of
Beneficiary: Federal Employees’ Group
Life Insurance, is used by any Federal
employee or retiree covered by the
Federal Employees’ Group Life
Insurance Program to instruct the Office
of Federal Employees’ Group Life
Insurance how to distribute the
proceeds of his or her life insurance
when the statutory order of precedence
does not meet his or her needs.
Approximately 47,000 SF 2823 forms
are completed annually by annuitants
and 1,000 forms are completed by
assignees. Each form takes
approximately 15 minutes to complete.
The annual estimated burden is 12,000
hours.
For copies of this proposal, contact
Mary Beth Smith-Toomey on (202) 606–
8358, FAX (202) 418–3251 or via e-mail
to MaryBeth.Smith-Toomey@opm.gov.
Please include a mailing address with
your request.
DATES: Comments on this proposal
should be received within 30 calendar
days from the date of this publication.
ADDRESSES: Send or deliver comments
to—
Christopher N. Meuchner, Life
Insurance and Long Term Care Group,
Insurance Services Program, Center for
Retirement and Insurance Services, U.S.
Office of Personnel Management, 1900 E
Street, NW., Room 2H22, Washington,
DC 20415–3661;
and
VerDate Aug<31>2005
16:14 Nov 06, 2007
Jkt 214001
62883
[Release No. 34–56730; File No. SR–CBOE–
2007–74]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing of
Proposed Rule Change, as Modified by
Amendment No. 1 Thereto, To Amend
CBOE Rule 6.13A To Modify the Simple
Auction Liaison Auction Process and
Incorporate Specific Provisions for
Hybrid 3.0 Classes
November 1, 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 July 2,
2007, The Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’ or
‘‘Exchange’’), filed with the Securities
and Exchange Commission
(‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
substantially prepared by CBOE. On
October 16, 2007, CBOE filed
Amendment No. 1 to the proposed rule
change.3 The Commission is publishing
this notice to solicit comments on the
proposed rule change, as amended, from
interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
CBOE proposes to amend CBOE Rule
6.13A to (i) modify the increments in
which responses may be submitted
during the Simple Auction Liaison
(‘‘SAL’’) auction process and (ii)
incorporate provisions for Hybrid 3.0
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 Amendment No. 1 replaced and superseded the
original filing in its entirety.
2 17
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
CBOE Rule 6.13A governs the
operation of the Exchange’s SAL system.
SAL is a feature on CBOE’s Hybrid
system that auctions marketable orders
for price improvement over the National
Best Bid and Offer. The purpose of this
proposed rule change is to amend CBOE
Rule 6.13A to (i) modify the increments
in which responses may be submitted
during the SAL auction process and (ii)
incorporate provisions for Hybrid 3.0
Classes in which SAL is activated.
Although modifying the auction
increments in which responses could be
submitted to include standard
increments would widen the quote as
compared to one-cent increments, the
Exchange believes this modification
may encourage Market-Makers and
other market participants to quote more
aggressively overall. In addition,
incorporating SAL on the Hybrid 3.0
Platform will further automate the order
handling process on Hybrid 3.0.
In providing marketable orders with
the potential for price improvement,
SAL provides an auction, for a period of
time not to exceed two seconds as
determined by the Exchange on a classby-class basis, for any qualifying order
(‘‘Agency Order’’) that is eligible for
automatic execution by CBOE’s Hybrid
System.4 Under the current SAL rule,
during the auction process, MarketMakers with an appointment in the
relevant option class and CBOE
members acting as agents for orders
4 See
E:\FR\FM\07NON1.SGM
CBOE Rule 6.13(b)(C)(i).
07NON1
]]>Agencies
[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Notices]
[Pages 62880-62883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21861]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 70-143]
Nuclear Fuel Services, Inc., Environmental Assessment and Finding
of No Significant Impact Related to Proposed License Amendment
Authorizing Increased Possession Limit
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental Assessment and Finding of No Significant Impact.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Kevin M. Ramsey, Fuel Manufacturing
Branch, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Mail Stop E-2C40M, Washington, DC 20555-0001, telephone (301) 492-3123
and e-mail kmr@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U. S. Nuclear Regulatory Commission (NRC) staff is considering
a request to amend Materials License SNM-124, issued to Nuclear Fuel
Services, Inc. (NFS) (the licensee), to authorize an increase in the
possession limit of high-enriched uranium (HEU). The NRC has prepared
an
[[Page 62881]]
Environmental Assessment (EA) in support of this action. Based upon the
EA, the NRC has concluded that a Finding of No Significant Impact
(FONSI) is appropriate and, therefore, an Environmental Impact
Statement (EIS) will not be prepared.
II. Environmental Assessment
Background
The NFS facility in Erwin, Tennessee is authorized, under License
SNM-124, to manufacture high-enriched nuclear reactor fuel. In
addition, NFS is authorized to blend HEU with natural uranium and
manufacture low-enriched nuclear reactor fuel. License SNM-124 limits
the amount of HEU that NFS may possess for these operations. On May 15,
2007, NFS requested a license amendment to increase its possession
limit of HEU (Ref. 5).
Review Scope
The purpose of this EA is to assess the environmental impacts of
the proposed license amendment. It does not approve the request. This
EA is limited to the proposed possession limit increase and any
cumulative impacts to existing plant operations. The existing
conditions and operations at the Erwin facility were evaluated, by the
NRC, for environmental impacts in a 1999 EA related to the renewal of
the NFS license (Ref. 1), and a 2002 EA related to the first amendment
for the Blended Low-Enriched Uranium (BLEU) Project (Ref. 2). The 2002
EA assessed the impact of the entire BLEU Project, using the
information available at that time. A 2003 EA (Ref. 3) and a 2004 EA
(Ref. 4), related to additional BLEU Project amendments confirmed the
FONSI issued in 2002. This assessment presents information and an
analysis for determining that the issuance of a FONSI is appropriate
and that an EIS will not be prepared.
Proposed Action
The proposed action is to amend NRC Materials License SNM-124, to
authorize an increase in the possession limit for uranium enriched up
to 100 weight percent in the uranium-235 isotope (Ref. 5). The proposed
action is limited to possession and storage only. No changes to
processing operations are requested, and no construction of new
facilities are requested.
Need for Proposed Action
The proposed action is being requested because a larger inventory
of HEU is needed to support NFS operations. Two factors are driving
this need. One factor is a request from the U.S. Department of Energy
(DOE) that NFS establish an inventory of HEU that would allow
continuous operations for six to twelve months of processes that
support DOE programs. This would allow NFS to continue operating if an
increased threat level or other incidents required shipments of HEU to
be interrupted or curtailed. Another factor is the lower-than-planned
processing rate at the Blended Low-Enriched Uranium Preparation
Facility (BPF). BPF operations support commercial programs that are
separate from DOE programs. Difficulties with BPF equipment and
operations have caused delays and low processing rates. This has
created a backlog of material in storage because material is being
received faster than it is being processed.
Alternatives
The alternatives available to the NRC are:
1. Approve the license amendment as described; or
2. No action (i.e., deny the request).
Affected Environment
The affected environment for the proposed action and the
alternative is the NFS site. The affected environment is identical to
the affected environment assessed in the 2002 EA that is related to the
first amendment for the BLEU Project (Ref. 2). A full description of
the site and its characteristics is given in the 2002 EA. Additional
information can be found in the 1999 EA related to the renewal of the
NFS license (Ref. 1). The NFS facility is located in Unicoi County,
Tennessee, about 32 km (20 mi) southwest of Johnson City, Tennessee.
The plant is about 0.8 km (0.5 mi) southwest of the Erwin city limits.
The site occupies about 28 hectares (70 acres). The site is bounded to
the northwest by the CSX Corporation (CSX) railroad property and the
Nolichucky River, and by Martin Creek to the northeast. The plant
elevation is about 9 m (30 ft) above the nearest point on the
Nolichucky River.
The area adjacent to the site consists primarily of residential,
industrial, and commercial areas, with a limited amount of farming to
the northwest. Privately owned residences are located to the east and
south of the facility. Tract size is relatively large, leading to a low
housing density in the areas adjacent to the facility. The CSX railroad
right-of-way is parallel to the western boundary of the site.
Industrial development is located adjacent to the railroad on the
opposite side of the right-of-way. The site is bounded by Martin Creek
to the north, with privately owned, vacant property and low-density
residences.
Effluent Releases and Monitoring
A full description of the effluent monitoring program at the site
is provided in the 2002 EA, related to the first amendment for the BLEU
Project (Ref. 2). Additional information is available in the 1999 EA
related to the renewal of the NFS license (Ref. 1). The NFS Erwin plant
conducts effluent and environmental monitoring programs to evaluate
potential public health impacts and comply with the NRC effluent and
environmental monitoring requirements. The effluent program monitors
the airborne, liquid, and solid waste streams produced during operation
of the NFS plant. The environmental program monitors the air, surface
water, sediment, soil, groundwater, and vegetation in and around the
NFS plant.
Airborne, liquid, and solid effluent streams that contain
radioactive material are generated at the NFS plant and monitored to
ensure compliance with the NRC regulations in 10 CFR Part 20. Each
effluent is monitored at or just before the point of release. The
results of effluent monitoring are reported to the NRC on a semi-annual
basis, in accordance with 10 CFR 70.59.
Airborne and liquid effluents are also monitored for
nonradiological constituents in accordance with State discharge
permits. For the purpose of this EA, the State of Tennessee is expected
to set limits on effluents, under its regulatory control, that are
protective of health and safety and the local environment.
Impacts of Proposed Action
1. Normal Operations
The proposed action is limited to increasing the authorized amount
of HEU in storage. No construction of new facilities is proposed and no
changes to processing operations have been requested. Based on the
information provided by NFS, the safety controls to be employed for the
proposed action, appear to be sufficient to ensure that planned
operations will have no significant impact on the environment.
Radiological Impacts: The proposed action involves no changes to
processing operations. No increase is expected in effluent air
emissions discharged through stacks at the site. In addition, no
increase is expected in liquid effluents discharged to the sanitary
sewer. Therefore, the proposed action will have no impact on the total
annual dose estimate for the maximally exposed individual from all
planned
[[Page 62882]]
effluents. The dose to workers may increase slightly because more
radioactive material will be stored at the site. However, occupational
dose is monitored and controlled in accordance with applicable NRC
regulations; therefore, no adverse impacts are expected. Surface water
quality at the NFS site is currently protected by enforcing release
limits and monitoring programs. No change in surface water impacts is
expected. The proposed action will not discharge any effluents to the
groundwater; therefore, no adverse impacts to groundwater are expected.
The proposed action involves transportation of radioactive feed
material to the NFS site, which will lead to transportation of
radioactive products and waste material from the NFS site. All
transportation will be conducted in accordance with the applicable NRC
and U.S. Department of Transportation regulations; therefore, no
adverse impacts from transportation activities are expected.
Land Use: The proposed action involves storage of radioactive
material at existing facilities. No new facilities will be constructed;
therefore, no adverse impact to land use is expected.
Cultural Resources: The proposed action involves storage of
radioactive material at existing facilities. The NRC staff considers
this a type of activity that does not have the potential to affect
historic properties. No adverse impact to cultural resources is
expected.
Biotic Resources: The proposed action will not change current land
use or effluents at the site. Therefore, the NRC finds that the
proposed action will not affect any Federally endangered or threatened
species.
2. Potential Accidents
The proposed action will not result in any new or modified accident
sequences. The Integrated Safety Analysis performed by NFS already
considers all authorized storage locations to be filled to maximum
capacity with HEU. The NRC finds that the safety controls to be
employed in the proposed action are sufficient to ensure planned
activities will be safe.
3. Cumulative Impacts
The NRC has considered the impacts of the proposed action together
with the known impacts of the existing facility. After reviewing the
information provided, the NRC concludes that the cumulative impacts
represent an insignificant change to the existing conditions in the
area surrounding the NFS site.
Impacts of No Action Alternative
Under the no action alternative, NFS would not be able to increase
its inventory of HEU to support current operations. This would require
NFS to stop receiving HEU shipments until enough material has been
processed and removed from the site before another shipment could be
received. Failure to fulfill its role in government and commercial
programs could cause NFS's customers to select other alternatives that
may be less cost effective and incur greater environmental impacts. If
NFS is unable to fulfill its contractual obligations, customers may
transfer work to other facilities.
Conclusion
Based on its review, the NRC has concluded that the environmental
impacts associated with the proposed action are not significant and,
therefore, do not warrant denial of the proposed license amendment. The
NRC has determined that the proposed action, the approval of the
license amendment as described, is the appropriate alternative for
selection. Based on an evaluation of the environmental impacts of the
proposed license amendment, the NRC has determined that the proper
action is to issue a FONSI.
Agencies and Persons Contacted
On September 21, 2007, the NRC staff contacted the Deputy Director
of the Division of Radiological Health at the Tennessee Department of
Environment and Conservation (TDEC) concerning this EA. On October 1,
2007, the Deputy Director responded that TDEC reviewed the draft EA and
had no comments (Ref. 6).
The NRC staff has determined that the proposed action will not
affect listed species or critical habitat. Therefore, no consultation
is required under Section 7 of the Endangered Species Act. Likewise,
the NRC staff has determined that the proposed action is not the type
of activity that has the potential to cause effects on historic
properties. Therefore, no consultation is required, under Section 106
of the National Historic Preservation Act.
References
1. U.S. Nuclear Regulatory Commission, ``Environmental
Assessment for Renewal of Special Nuclear Material License No. SNM-
124,'' January 1999, ADAMS No. ML031150418
2. U.S. Nuclear Regulatory Commission, ``Environmental
Assessment for Proposed License Amendments to Special Nuclear
Material License No. SNM-124 Regarding Downblending and Oxide
Conversion of Surplus High-Enriched Uranium,'' June 2002, ADAMS No.
ML021790068.
3. U.S. Nuclear Regulatory Commission, ``Environmental
Assessment and Finding of No Significant Impact for the BLEU
Preparation Facility,'' September 2003, ADAMS No. ML032390428.
4. U.S. Nuclear Regulatory Commission, ``Environmental
Assessment and Finding of No Significant Impact for the Oxide
Conversion Building and the Effluent Processing Building at the BLEU
Complex,'' June 2004, ADAMS No. ML041470176.
5. Nuclear Fuel Services, ``Amendment Request to Increase the U-
235 Possession Limit for the NFS Site,'' May 15, 2007, ADAMS No.
ML072550166.
6. D. Shults, Tennessee Division of Radiological Health, e-mail
to K. Ramsey, U.S. Nuclear Regulatory Commission, ``Consultation
with Tennessee on EA for NFS Possession Limit Increase,'' October 1,
2007, ADAMS No. ML072760398.
III. Finding of No Significant Impact
Pursuant to 10 CFR Part 51, the NRC staff has considered the
environmental consequences of amending NRC Materials License SNM-124 to
increase the possession limit for the NFS facility. On the basis of
this assessment, the Commission has concluded that environmental
impacts associated with the proposed action would not be significant
and the Commission is making a finding of no significant impact.
Accordingly, the preparation of an EIS is not warranted.
IV. Further Information
Documents related to this action, including the application for
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 ADAMS accession numbers for
the documents related to this notice are listed in the references
above. 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 Public Document Room (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 Rockville, Maryland this 25th day of October, 2007.
[[Page 62883]]
For the Nuclear Regulatory Commission.
Peter J. Habighorst,
Chief, Fuel Manufacturing Branch, Fuel Facility Licensing Directorate,
Division of Fuel Cycle Safety and Safeguards, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. E7-21861 Filed 11-6-07; 8:45 am]
BILLING CODE 7590-01-P
