DTE ENERGY; Enrico Fermi Atomic Power Plant Unit 1; Exemption From Certain Low-Level Waste Shipment Tracking Requirements In 10 CFR Part 20 Appendix G, 24755-24756 [2010-10552]

Download as PDF Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices significantly frustrate implementation of proposed agency action. I have made this determination under the authority granted me by the Chairman’s Delegation of Authority dated July 19, 1993. The agenda for the sessions on May 20, 2010 will be as follows: Committee Meetings (Open to the Public) Policy Discussion: 9 a.m.–10:30 a.m. Digital Humanities—Room 402 Federal/State Partnership and Public Programs—Room 507 Preservation and Access—Room 415 Research Programs—Room 315 (Closed to the Public) Discussion of specific grant applications and programs before the Council: 10:30 a.m. until Adjourned Digital Humanities—Room 402 Federal/State Partnership and Public Programs—Room 507 Preservation and Access—Room 415 Research Programs—Room 315 The morning session of the meeting on May 21, 2010 will convene at 9 a.m., in the first floor Council Room M–09, and will be open to the public, as set out below. The agenda for the morning session will be as follows: sroberts on DSKD5P82C1PROD with NOTICES A. Minutes of the Previous Meeting B. Reports 1. Introductory Remarks. 2. Presentation by David Grubin on The Buddha, an NEH-supported project. 3. Staff Report. 4. Congressional Report. 5. Reports on Policy and General Matters. a. Digital Humanities b. Federal/State Partnership c. Public Programs d. Preservation and Access e. Research Programs The remainder of the proposed meeting will be given to the consideration of specific applications and will be closed to the public for the reasons stated above. Further information about this meeting can be obtained from Michael P. McDonald, Advisory Committee Management Officer, National Endowment for the Humanities, 1100 Pennsylvania Avenue, NW., Washington, DC 20506, or by calling (202) 606–8322, TDD (202) 606–8282. Advance notice of any special needs or accommodations is appreciated. Michael P. McDonald, Advisory Committee Management Officer. [FR Doc. 2010–10473 Filed 5–4–10; 8:45 am] NUCLEAR REGULATORY COMMISSION NUCLEAR REGULATORY COMMISSION [Docket No. 40–9083; NRC–2009–0352] [Docket No. 50–16; NRC–2009–0073] License No. SUB–459; Acknowledgement of Request for Enforcement Action Against U.S. Army Installation Command (Schofield Barracks and Pohakuloa Training Area, Hawaii) DTE ENERGY; Enrico Fermi Atomic Power Plant Unit 1; Exemption From Certain Low-Level Waste Shipment Tracking Requirements In 10 CFR Part 20 Appendix G Notice is hereby given that by petition dated March 4, 2010, Isaac D. Harp (petitioner) has requested that the U.S. Nuclear Regulatory Commission (NRC) take enforcement action against the U.S. Army for the unlicensed possession and use of depleted uranium. As the basis for this request, the petitioner states that the Army’s license, SUB–459, expired on October 31, 1964, and if any depleted uranium was possessed or released to the environment after the expiration date, that was an unlawful act and subject to NRC enforcement policies. The request is being treated pursuant to 10 CFR 2.206 of the Commission’s regulations. The request has been referred to the Director of the Office of Federal and State Materials and Environmental Management Programs (FSME). As provided by Section 2.206, the petitioner met with the FSME petition review board on April 14, 2010, to discuss the petition. The results of that discussion were considered in the board’s determination regarding the petitioner’s request and in establishing the schedule for the review of the petition. A copy of the request is available in ADAMS (ML100640665) for inspection at the Commission’s Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRC’s Web site, https://www.nrc.gov (the Public Electronic Reading Room). DTE Energy (DTE) is the licensee and holder of Facility Operating License No. DPR–9 issued for Enrico Fermi Atomic Power Plant, Unit 1 (Fermi-1), located in Monroe County, Michigan. Fermi-1 is a permanently shutdown nuclear reactor facility. DTE is in the process of decommissioning Fermi-1 and radioactive waste shipments from the site are ongoing and expected to increase over the next year. During the decommissioning process, large volumes of slightly contaminated concrete rubble and debris are generated that require shipment for disposal in offsite low-level radioactive waste disposal sites. Experience at other decommissioning nuclear power facilities has shown that, due primarily to the volume of radioactive waste; licensees have encountered an increase in the number of routine shipments that take longer than 20 days from transfer to the shipper to receipt acknowledgment from the disposal site. Each shipment with receipt notifications greater than 20 days requires a special investigation and report to the U.S. Nuclear Regulatory Commission (NRC or the Commission) which the licensee believes to be burdensome and unnecessary to meet the intent of the regulation. Dated at Rockville, Maryland this 26th day of April, 2010. For the U.S. Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection Program, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2010–10555 Filed 5–4–10; 8:45 am] BILLING CODE 7590–01–P BILLING CODE 7536–01–P VerDate Mar<15>2010 19:02 May 04, 2010 Jkt 220001 24755 PO 00000 Frm 00188 Fmt 4703 Sfmt 4703 1.0 2.0 Background Request/Action In a letter to the Commission dated November 13, 2009, DTE requested an exemption from the requirements in 10 CFR part 20, appendix G, section III.E, to investigate and file a report to the NRC if shipments of low-level radioactive waste are not acknowledged by the intended recipient within 20 days after transfer to the shipper. This exemption would extend the time period that can elapse during shipments of low-level radioactive waste before DTE is required to investigate and file a report to the NRC from 20 days to 35 days. The exemption would be applicable to rail and truck/rail mixedmode shipments. The exemption request is based on an analysis of the historical data of low-level radioactive waste shipment times from the Fermi-1 site to the disposal site. E:\FR\FM\05MYN1.SGM 05MYN1 24756 sroberts on DSKD5P82C1PROD with NOTICES 3.0 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 4.0 Discussion The proposed action would grant an exemption to extend the 20-day investigation and reporting requirements for shipments of low-level radioactive waste to 35 days. Historical data derived from experience at Fermi-1 indicates that rail transportation time to waste disposal facilities almost always exceed the 20day reporting requirement. A review of the Fermi-1 data indicates that transportation time for shipments by rail or truck/rail took over 20 days on average. In addition, administrative processes at the disposal facilities and mail delivery times could add several additional days. Pursuant to 10 CFR 20.2301, the Commission may, upon application by a licensee or upon its own initiative, grant an exemption from the requirements of regulations in 10 CFR part 20 if it determines the exemption is authorized by law and would not result in undue hazard to life or property. There are no provisions in the Atomic Energy Act (or in any other Federal statute) that impose a requirement to investigate and report on low-level radioactive waste shipments that have not been acknowledged by the recipient within 20 days of transfer. Therefore, the Commission concludes that there is no statutory prohibition on the issuance of the requested exemption and the Commission is authorized to grant the exemption by law. The Commission acknowledges that, based on the shipment times to date from the Fermi-1 site to the disposal facility, the need to investigate and report on shipments that take longer than 20 days could result in an excessive administrative burden on the licensee. The Commission finds that the underlying purpose of the Appendix G timing provision at issue is to investigate a late shipment that may be lost, misdirected, or diverted. Furthermore, by extending the elapsed time for receipt acknowledgment to 35 days before requiring investigations and reporting, a reasonable upper limit on shipment duration (based on historical analysis) is still maintained if a breakdown of normal tracking systems were to occur. Consequently, the Commission finds that there is no hazard to life or property by extending the investigation and reporting time for low-level radioactive waste shipments from 20 days to 35 days for rail and truck/rail mixed-mode shipments. Therefore, the Commission concludes that the underlying purpose of 10 CFR part 20, appendix G, section III.E will be met. VerDate Mar<15>2010 20:53 May 04, 2010 Jkt 220001 Conclusion Accordingly, the Commission has determined that, pursuant to 10 CFR 20.2301, the exemption requested by DTE in its November 13, 2009, letter is authorized by law and will not result in undue hazards to life or property. Therefore, the Commission hereby grants DTE an exemption to extend the 20-day investigation and reporting requirements for shipments of low-level radioactive waste, as required by 10 CFR part 20, appendix G, section III.E, to 35 days. Pursuant to 10 CFR 51.31, the Commission has determined that the granting of this exemption will not have a significant effect on the quality of the human environment as documented in Federal Register (FR) notice 75 FR 20867, April 21, 2010. This exemption is effective upon issuance. Dated at Rockville, Maryland, this 26th day of April, 2010. For the U.S. Nuclear Regulatory Commission. Keith I. McConnell, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. ADDRESSES: Address all comments concerning this notice to: Agency Clearance Officer, Jacqueline White, Small Business Administration, 409 3rd Street, SW., 5th Floor, Washington, DC 20416; and OMB Reviewer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Jacqueline White, Agency Clearance Officer, (202) 205–7044. SUPPLEMENTARY INFORMATION: Title: Secondary Market for Section 504 First Mortgage Loan Pool Program. Frequency: On Occasion. SBA Form Numbers: 2401, 2402, 2403, 2404. Description of Respondents: Program Participants. Responses: 12,490. Annual Burden: 33,075. Title: Alternative Creditworthiness Assessment. Frequency: On Occasion. SBA Form Number: 2294. Description of Respondents: Personnel that assist in the process of loan applications. Responses: 1,849. Annual Burden: 8. [FR Doc. 2010–10552 Filed 5–4–10; 8:45 am] Jacqueline White, Chief, Administrative Information Branch. BILLING CODE 7590–01–P [FR Doc. 2010–10475 Filed 5–4–10; 8:45 am] BILLING CODE P SMALL BUSINESS ADMINISTRATION Reporting and Recordkeeping Requirements Under OMB Review Small Business Administration. ACTION: Notice of Reporting Requirements Submitted for OMB Review. AGENCY: SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission. DATES: Submit comments on or before June 4, 2010. If you intend to comment but cannot prepare comments promptly, please advise the OMB Reviewer and the Agency Clearance Officer before the deadline. Copies: Request for clearance (OMB 83–1), supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. PO 00000 Frm 00189 Fmt 4703 Sfmt 4703 SMALL BUSINESS ADMINISTRATION [Disaster Declaration #12102 and #12103] West Virginia Disaster Number WV– 00017 AGENCY: U.S. Small Business Administration. ACTION: Amendment 2. SUMMARY: This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of West Virginia (FEMA— 1893—DR), dated 03/29/2010. Incident: Severe Storms, Flooding, Mudslides and Landslides. Incident Period: 03/12/2010 through 04/09/2010. Effective Date: 04/27/2010. Physical Loan Application Deadline Date: 05/28/2010. Economic Injury (EIDL) Loan Application Deadline Date: 12/29/2010. ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155. E:\FR\FM\05MYN1.SGM 05MYN1

Agencies

[Federal Register Volume 75, Number 86 (Wednesday, May 5, 2010)]
[Notices]
[Pages 24755-24756]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10552]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 50-16; NRC-2009-0073]


DTE ENERGY; Enrico Fermi Atomic Power Plant Unit 1; Exemption 
From Certain Low-Level Waste Shipment Tracking Requirements In 10 CFR 
Part 20 Appendix G

1.0 Background

    DTE Energy (DTE) is the licensee and holder of Facility Operating 
License No. DPR-9 issued for Enrico Fermi Atomic Power Plant, Unit 1 
(Fermi-1), located in Monroe County, Michigan. Fermi-1 is a permanently 
shutdown nuclear reactor facility. DTE is in the process of 
decommissioning Fermi-1 and radioactive waste shipments from the site 
are ongoing and expected to increase over the next year. During the 
decommissioning process, large volumes of slightly contaminated 
concrete rubble and debris are generated that require shipment for 
disposal in offsite low-level radioactive waste disposal sites. 
Experience at other decommissioning nuclear power facilities has shown 
that, due primarily to the volume of radioactive waste; licensees have 
encountered an increase in the number of routine shipments that take 
longer than 20 days from transfer to the shipper to receipt 
acknowledgment from the disposal site. Each shipment with receipt 
notifications greater than 20 days requires a special investigation and 
report to the U.S. Nuclear Regulatory Commission (NRC or the 
Commission) which the licensee believes to be burdensome and 
unnecessary to meet the intent of the regulation.

2.0 Request/Action

    In a letter to the Commission dated November 13, 2009, DTE 
requested an exemption from the requirements in 10 CFR part 20, 
appendix G, section III.E, to investigate and file a report to the NRC 
if shipments of low-level radioactive waste are not acknowledged by the 
intended recipient within 20 days after transfer to the shipper. This 
exemption would extend the time period that can elapse during shipments 
of low-level radioactive waste before DTE is required to investigate 
and file a report to the NRC from 20 days to 35 days. The exemption 
would be applicable to rail and truck/rail mixed-mode shipments. The 
exemption request is based on an analysis of the historical data of 
low-level radioactive waste shipment times from the Fermi-1 site to the 
disposal site.

[[Page 24756]]

3.0 Discussion

    The proposed action would grant an exemption to extend the 20-day 
investigation and reporting requirements for shipments of low-level 
radioactive waste to 35 days.
    Historical data derived from experience at Fermi-1 indicates that 
rail transportation time to waste disposal facilities almost always 
exceed the 20-day reporting requirement. A review of the Fermi-1 data 
indicates that transportation time for shipments by rail or truck/rail 
took over 20 days on average. In addition, administrative processes at 
the disposal facilities and mail delivery times could add several 
additional days.
    Pursuant to 10 CFR 20.2301, the Commission may, upon application by 
a licensee or upon its own initiative, grant an exemption from the 
requirements of regulations in 10 CFR part 20 if it determines the 
exemption is authorized by law and would not result in undue hazard to 
life or property. There are no provisions in the Atomic Energy Act (or 
in any other Federal statute) that impose a requirement to investigate 
and report on low-level radioactive waste shipments that have not been 
acknowledged by the recipient within 20 days of transfer.
    Therefore, the Commission concludes that there is no statutory 
prohibition on the issuance of the requested exemption and the 
Commission is authorized to grant the exemption by law.
    The Commission acknowledges that, based on the shipment times to 
date from the Fermi-1 site to the disposal facility, the need to 
investigate and report on shipments that take longer than 20 days could 
result in an excessive administrative burden on the licensee. The 
Commission finds that the underlying purpose of the Appendix G timing 
provision at issue is to investigate a late shipment that may be lost, 
misdirected, or diverted. Furthermore, by extending the elapsed time 
for receipt acknowledgment to 35 days before requiring investigations 
and reporting, a reasonable upper limit on shipment duration (based on 
historical analysis) is still maintained if a breakdown of normal 
tracking systems were to occur. Consequently, the Commission finds that 
there is no hazard to life or property by extending the investigation 
and reporting time for low-level radioactive waste shipments from 20 
days to 35 days for rail and truck/rail mixed-mode shipments. 
Therefore, the Commission concludes that the underlying purpose of 10 
CFR part 20, appendix G, section III.E will be met.

4.0 Conclusion

    Accordingly, the Commission has determined that, pursuant to 10 CFR 
20.2301, the exemption requested by DTE in its November 13, 2009, 
letter is authorized by law and will not result in undue hazards to 
life or property. Therefore, the Commission hereby grants DTE an 
exemption to extend the 20-day investigation and reporting requirements 
for shipments of low-level radioactive waste, as required by 10 CFR 
part 20, appendix G, section III.E, to 35 days.
    Pursuant to 10 CFR 51.31, the Commission has determined that the 
granting of this exemption will not have a significant effect on the 
quality of the human environment as documented in Federal Register (FR) 
notice 75 FR 20867, April 21, 2010.
    This exemption is effective upon issuance.

    Dated at Rockville, Maryland, this 26th day of April, 2010.
    For the U.S. Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2010-10552 Filed 5-4-10; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.