Exemption Requests for Special Nuclear Material License SNM-362, Department of Commerce, Gaithersburg, MD, 22362-22365 [2012-8917]
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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced. Additional
information regarding accessing
materials related to this action is under
the Document Availability heading in
the SUPPLEMENTARY INFORMATION section
of this document.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: For
information about the Final SEIS or the
environmental review process, please
contact Paula Cooper, telephone: 301–
415–2323; email:
Paula.Cooper@nrc.gov. Projects Branch
2, Division of License Renewal, Office of
Nuclear Reactor Regulation, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
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Discussion
The NRC received an application,
dated January 19, 2010, from Energy
Northwest (EN), filed pursuant to
Section 103 of the Atomic Energy Act of
1954, as amended, and Title 10 of the
Code of Federal Regulations Part 54 (10
CFR part 54), to renew the operating
license for CGS. Renewal of the license
would authorize the applicant to
operate the facility for an additional 20year period beyond the period specified
in the current operating license. The
current operating license for CGS (NPF–
21), expires on December 20, 2023.
The final Supplemental
Environmental Impact Statement (SEIS)
is being issued as part of the NRC’s
process to decide whether to issue a
renewed license to CGS, pursuant to 10
CFR part 54. The final SEIS was
prepared in compliance with the
National Environmental Policy Act of
1969, as amended (NEPA), and the
NRC’s regulations for implementing
NEPA in 10 CFR part 51. In the final
SEIS, the NRC staff assessed the
potential environmental impacts from
the operation, refurbishment, and
decommissioning of the proposed CGS
project. The NRC staff assessed the
impacts of the proposed action on land
use, historic and cultural resources, air
quality, geology and soils, water
resources, ecological resources,
transportation, public and occupational
health, waste management,
socioeconomics, and environmental
justice. In preparing this final SEIS, the
NRC staff also reviewed, considered,
evaluated, and addressed the public
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comments received during the scoping
process and on the draft SEIS.
In addition to the proposed action, the
NRC staff considered a reasonable range
of alternatives, including the no-action
alternative. Under the no-action
alternative, the NRC would deny EN’s
request for a renewed operating license
for the CGS site. The no-action
alternative serves as a baseline for
comparison of the potential
environmental impacts of the proposed
action. Other alternatives the NRC staff
considered include: (1) Natural gas-fired
combined cycle (NGCC); (2) new
nuclear; (3) combination alternative
(NGCC, hydroelectric, wind, and
conservation and efficiency); (4) Offsite
new nuclear and NGCC; (5) coal-fired
power; (6) energy conservation and
energy efficiency; (7) purchased power;
(8) solar power; (9) wind power; (10)
biomass waste; (11) hydroelectric
power; (12) ocean wave and current
energy; (13) geothermal power; (14)
municipal solid waste; (15) biofuels;
(16) oil-fired power; (17) fuel cells; and
(18) delayed retirement. These
alternatives, except for the NGCC, new
nuclear, and combination alternative,
were eliminated from further analysis
because they do not meet future system
needs and do not have costs or benefits
that justify inclusion in the range of
reasonable alternatives.
As discussed in Section 9.4 of the
final supplement, the staff determined
that the adverse environmental impacts
of license renewal for CGS are not great
enough to deny the option of license
renewal for energy planning decisionmakers. This recommendation is based
on: (1) The analysis and findings in the
GEIS; (2) information provided in the
environmental report and other
documents submitted by EN; (3)
consultation with Federal, State, local,
and tribal government agencies; (4) the
staff’s own independent environmental
review; and (5) consideration of public
comments received during the scoping
process and on the draft Supplemental
Environmental Impact Statement.
Document Availability
Documents related to this notice are
available on the NRC’s plant application
for license renewal Web site at https://
www.nrc.gov/reactors/operating/
licensing/renewal/applications/
columbia.html. The final SEIS for the
proposed CGS project may also be
accessed on the Internet at https://
www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr1437/ by
selecting ‘‘Supplement-47.’’
The CGS’s license application, the
CGS’s Environmental Report, and
Volumes 1 and 2 of the NRC’s final SEIS
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are available in ADAMS under
Accession Numbers ML100250668,
ML100250666, ML12096A334, and
ML12096A336, respectively.
A copy of the final SEIS will be
available at the Richland Public Library,
955 Northgate Drive, Richland,
Washington 99352, and at the
Kennewick Branch of Mid-Columbia
Libraries, 1620 South Union Street,
Kennewick, Washington 99338.
Dated at Rockville, Maryland, this 6th day
of April, 2012.
For the Nuclear Regulatory Commission.
Dennis Morey,
Chief, Reactor Projects Branch 1, Division
of License Renewal, Office of Nuclear Reactor
Regulation.
[FR Doc. 2012–8809 Filed 4–12–12; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 70–0398; NRC–2012–0091]
Exemption Requests for Special
Nuclear Material License SNM–362,
Department of Commerce,
Gaithersburg, MD
Nuclear Regulatory
Commission.
ACTION: Availability of environmental
assessment and finding of no significant
impact.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Mary T. Adams, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–492–3113; email:
Mary.Adams@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission
(NRC) is considering the issuance of
exemptions from Title 10 of the Code of
Federal Regulations (10 CFR) 36.27(b)
and 36.31(a), to be included in the
renewal of Special Nuclear Material
(SNM) License SNM–362 for the U.S.
Department of Commerce, National
Institutes of Standards and Technology
(NIST) in Gaithersburg, Maryland. NIST
requested renewal of SNM–362 in an
application dated June 29, 2007
(ML072140750). NIST revised the
license renewal application on March
23, 2011 (ML110940239) to include
three requests for exemption from NRC
regulations in 10 CFR 36.27(b), 36.31(a),
and 70.24.
Pursuant to 10 CFR 51.22(c)(14)(v),
renewal of materials licenses issued
under 10 CFR Part 70 for research and
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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices
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development and for educational
purposes is a category of actions which
the NRC has determined does not
individually or cumulatively have a
significant effect on the human
environment, and as such, this category
of actions does not require
environmental review or the preparation
of an Environmental Assessment (EA).
However, in addition to its application
for renewal, NIST has also requested
specific exemptions from three NRC
regulations, and the exemption requests
require environmental review unless the
exemptions themselves are also subject
to categorical exclusion. One of the
exemption requests, that request related
to 10 CFR 70.24, has also been
determined to belong to the
categorically excluded action,
specifically those identified in 10 CFR
51.22(c)(25). This determination will be
discussed in the safety evaluation report
that will support the license renewal.
In accordance with 10 CFR 51.21 the
NRC has prepared this EA to assess the
environmental impacts of granting the
remaining two exemption requests from
10 CFR 36.27(b) and 36.31(a). Based on
the EA, the NRC has concluded that a
Finding of No Significant Impact
(FONSI) is appropriate, and therefore an
EIS will not be prepared.
II. Environmental Assessment
On March 23, 2011, NIST provided a
revised request for renewal of SNM–
362, which authorizes the receipt,
possession, and use of source,
byproduct, and SNM for research and
development purposes. NIST uses
licensed materials for research,
development, calibration, and testing
activities. NIST develops, maintains,
and disseminates national standards for
ionizing radiation and radioactivity to
support health care, industry, and
homeland security. Examples of this
work include development of reference
materials and measurement calibration
services for radiopharmaceuticals;
maintaining and disseminating
standards used by hospitals to calibrate
systems; and development of standards
and protocols for radiation
measurement instruments used in
homeland security. Activities for which
the licensed material is used are
described in the license renewal
application (LRA).
Materials License SNM–362 was first
issued by the Atomic Energy
Commission in 1960 to the National
Bureau of Standards, renamed in 1988
to the National Institute of Standards
and Technology. NIST is a Federal
agency within the Department of
Commerce. The SNM license was
renewed in 1979, 1985, 1991, and 1997.
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The current license was scheduled to
expire on July 31, 2007. In accordance
with 10 CFR Part 70, NIST submitted an
application requesting renewal of
Materials License SNM–162 on June 29,
2007 (Agencywide Documents Access
and Management System [ADAMS]
Accession No. ML072140750) and, in
accordance with the timely renewal
provision of 10 CFR 70.38(a), the license
has remained in effect. In addition to
the SNM license, NIST holds a test
reactor operating license, TR–5 (Docket
No. 50–184), and an NRC Exempt
Distribution License No. 19–23454–01E
(Docket No. 30–22202) for byproduct
material. In response to an NRC Request
for Additional Information (ADAMS
Accession No. ML103210269), NIST
provided a third revised LRA on March
23, 2011 (ADAMS Accession No.
ML110940239), which included the
requests for exemption from 10 CFR
36.27(b), 36.31(a), and 70.24.1 The
exemption requests that are under
consideration in this EA are related to
10 CFR 36.27(b) and 36.31(a). The
exemptions were first granted by the
NRC in Amendment 2 to SNM–362
issued on November 23, 1999 (ADAMS
accession numbers ML993350644 and
ML993350646). This EA addresses the
action of continuing these previouslygranted exemptions in the renewed
license.
Description of the Proposed Action
NIST has been licensed by the NRC
for the possession and use of SNM in
license SNM–362 since 1960. The
exemptions from 10 CFR 36.27(b) and
36.31(a) have been parts of SNM–362
since 1999. The proposed actions are to
continue to exempt the licensee from
the requirement that the radiation room
must be equipped with a fire
extinguishing system capable of
extinguishing a fire without the entry of
personnel into the room (10 CFR
36.27(b)); and the requirements that (1)
the console key must be attached to a
portable radiation survey meter by a
chain or cable, and (2) the door to the
radiation room must require the same
key used for source movement (i.e.,
control console key) (10 CFR 36.31(a))
upon renewal of Materials License
SNM–362. Continuing these exemptions
in the renewed license does not require
or authorize any change in licensee
operations.
1 The exemption request for 10 CFR 70.24 is
categorically excluded from the requirement to
perform an environmental assessment by 10 CFR
51.22(c)(25). The categorical exclusion
determination for the criticality accident alarm
system exemption will be documented in the Safety
Evaluation Report supporting the license renewal.
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The action of renewing SNM–362 is
an action that is categorically excluded
from environmental review under 10
CFR 51.22(c)(14)(v), which includes
issuance, amendment, or renewal of
materials licenses issued pursuant to 10
CFR Parts 30, 31, 32, 33, 34, 35, 36, 39,
40, or 70 authorizing the use of
radioactive materials for research and
development and educational purposes.
The inclusion of the two exemptions
requested by NIST in the LRA is an
action that requires an EA in accordance
with 10 CFR 51.21.
Need for the Proposed Action
The first part of the proposed action
is a continued exemption from 10 CFR
36.27(b), which requires that the
irradiation room at a panoramic
irradiator be equipped with a fire
extinguishing system capable of
extinguishing a fire without the entry of
personnel into the room. The system for
the irradiation room must have a shutoff valve to control flooding into
unrestricted areas.
In the initial 1999 request for
exemption, NIST indicated that
equipment limitations and facility age
(then nearly 40 years old) would
prevent NIST from complying with 10
CFR 36.27(b). The second part of the
proposed action is a continued
exemption from 10 CFR 36.31(a). 10
CFR 36.31(a) requires that the key that
operates the irradiator be attached to a
portable radiation survey meter by a
chain or cable. In addition, NIST stated
that the age of the facility (then nearly
40 years old) and the interconnectivity
of the safety features would make it
prohibitively expensive to modify the
facility to meet the same-key
requirement and would offer no
enhancement of safety.
Alternatives to the Proposed Action
An alternative to granting the
continued exemption to 10 CFR 36.27(b)
is to deny the exemption request and
require NIST to provide the irradiation
room with a fire extinguishing system
capable of extinguishing a fire without
the entry of personnel into the room
with a shut-off valve to control flooding
into unrestricted areas.
An alternative to granting the
continued exemption to 10 CFR 36.31 is
to deny the exemption request and
require NIST to provide that the key that
actuates the mechanism that moves the
sources of a panoramic irradiator be
attached to a portable radiation survey
meter by a chain or cable.
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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices
Environmental Impacts of the Proposed
Action and Alternatives
The NRC established 10 CFR Part 36
to ‘‘specify radiation safety
requirements and licensing
requirements for the use of licensed
radioactive materials in irradiators.’’ 58
FR 7715; February 9, 1993. At that time,
the NRC issued an environmental
assessment and finding of no significant
impact which analyzed the
environmental impacts of the
requirements in 10 CFR Part 36,
including sections 36.27 and 36.31 (Ref.
3, Enclosure 4). Specifically, the NRC
considered the environmental impacts
of internal and external radiation
exposure resulting from normal
operations, accident scenarios, and
abnormal operations. For each of these
scenarios, the NRC determined that the
safety requirements of the regulation
would not have a significant
environmental impact. As discussed
below, the NRC has determined that the
alternatives proposed by the licensee
would have the same safety impact as
the regulations, and as such, the
environmental impacts that were
analyzed by the NRC when the
regulation was initially promulgated
would remain unchanged, and the
impacts would not be significant.
Section 36.27(b) requires that the
irradiation room at a panoramic
irradiator be equipped with a fire
extinguishing system capable of
extinguishing a fire without the entry of
personnel into the room. The system for
the irradiation room must have a shutoff valve to control flooding into
unrestricted areas.
The irradiation room housing NIST’s
10 CFR Part 36 panoramic irradiators
are entirely of concrete construction.
The rooms are limited in size so there
is minimal opportunity for combustible
materials to be stored in the area. NIST
administratively limits storage of
flammable materials in the rooms. As
such, the most credible fire incident
would be an electrical fire from the
control, instrumentation, or lighting
systems. This would not be sufficient to
engulf or significantly endanger the
source.
To compensate for NIST’s not
complying with 10 CFR 36.27(b), NIST
indicated that the signal from the heat
or smoke detectors will alert the NIST
Fire Protection Group, and that the
irradiators are designed to retract the
source when the electrical power fails or
on loss of air, as may occur during a fire.
Fire extinguishers at the site are
available to fight small fires and
operators are instructed to retract the
source, if possible, prior to exiting the
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facility for a fire involving major
portions of the facility. NRC staff
determined that the alternative fire
protection provisions identified by NIST
provide an adequate level of safety for
workers and the public.
Based upon the compensatory
measures provided by the licensee and
described above, NRC staff has
determined that potential
environmental impacts from a fire in the
irradiation room will not be increased
by continuing the exemption from 10
CFR 36.27(b) because the compensatory
measures control the likelihood of a fire
to a level of protection equivalent to
what would be provided by the
prescribed measures in 36.27(b). There
are no environmental impacts of the
proposed exemption to 10 CFR 36.27(b).
Granting the exemption will not result
in effluents to the environment or an
increase in occupational exposure. It
also will not increase the likelihood or
consequences of a fire at the facility.
Section 36.31(a) requires that the key
that operates the irradiator be attached
to a portable radiation survey meter by
a chain or cable. In the 1999 exemption
request, NIST stated that the age of the
facility (then nearly 40 years old) and
the interconnectivity of the safety
features would make it prohibitively
expensive to modify the facility to meet
the same-key requirement and would
offer no enhancement of safety. The key
used to enter the irradiation room is
captured in the lock when the door is
opened. This means that physically the
key cannot be moved out of its captured
position if the door to the survey room
is open. The distance from the lock to
the source area is such that attaching the
key to a survey meter would require a
long chain that could be a trip hazard
or get jammed in the chain of the access
door when it is opening or closing.
NIST’s procedure requires that a survey
meter be used when entering the room.
Additionally, in lieu of attaching a
survey meter to the key, NIST installed
a radiation detector within the
irradiation room. This detector indicates
if the source is open, and it is tested
every day that the unit is in operation.
NRC agreed that the age of the facility
and the limitations associated with
modifying the safety features made it
unreasonable to modify the facility to
meet the requirement, and that the
added radiation monitors, entrance
controls, and security measures would
provide comparable safety measures.
Based upon the alternative radiation
safety measures provided by the
licensee and described above, NRC staff
has confirmed that there are no
environmental impacts of the proposed
exemption to 10 CFR 36.31(a). Granting
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the exemption will not result in any
effluents to the environment or an
increase in occupational exposure.
List of Agencies and Persons Consulted
and Identification of Sources Used
NRC staff consulted with the
Maryland Department of the
Environment. The Department was not
opposed to the NRC findings.
The NRC staff determined that
consultation with the U.S. Fish and
Wildlife Service for compliance with
Section 7 of the Endangered Species Act
is not necessary because the proposed
action does not have the potential to
affect listed species or critical habitat.
The NRC staff reviewed the Maryland
Inventory of Historic Properties and
confirmed that there are no known
archeological sites or other historic
properties within or immediately
adjacent to the NIST campus.
Continuing the proposed exemptions in
the renewed NIST license is not a type
of activity that has potential to cause
effects on historic properties. Therefore,
no further consultation is required
under Section 106 of the National
Historic Preservation Act.
Finding of No Significant Impact
Pursuant to 10 CFR Part 51, the NRC
has considered the environmental
consequences of taking the proposed
action. 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, preparation of an
EIS is not warranted.
III. Further Information
Documents related to this action,
including the application for license
renewal and supporting documentation,
are available electronically at the NRC
Library at https://www.nrc.gov/readingrm/adams.html. From this site, you may
access ADAMS, which provides text
and image files of NRC’s public
documents. The ADAMS accession
numbers for the documents related to
this Notice are:
1. NIST Revised License Renewal
Application for SNM–362, Docket No. 70–
398, March 23, 2011, (ML110940239).
2. Exemptions from 10 CFR Part 36 (TAC
No. L31075) and Safety Evaluation Report,
November 23, 1999 (ML993350644 and
ML993350646).
3. U.S. NRC, September 18, 1992, SECY–
92–323, Final Rule on Licenses and
Radiation Safety Requirements for Irradiators
(ML120940618), Enclosure 4, Environmental
Assessment and Finding of no Significant
Impact, August 1992.
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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, please
contact the NRC Public Document Room
(PDR) Reference staff at 1–800–397–
4209, 301–415–4737, or by email to
pdr.resource@nrc.gov. These documents
may also be viewed electronically on
the public computers located at the
NRC’s PDR, O1F21, 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 5th day
of April 2012.
For the U.S. Nuclear Regulatory
Commission.
Kevin Ramsey,
Acting Chief, Fuel Manufacturing Branch,
Division of Fuel Cycle Safety and Safeguards,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2012–8917 Filed 4–12–12; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66767; File No. SR–Phlx–
2012–40]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change
Relating to Quarterly Trading
Requirements Applicable to Registered
Options Traders
April 6, 2012.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1, and Rule 19b–4 2 thereunder,
notice is hereby given that on March 26,
2012, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend
Exchange Rules 1014, Obligations and
Restrictions Applicable to Specialists
and Registered Options Traders, and
1093, Phlx XL Risk Monitor Mechanism,
and Options Floor Procedure Advice B–
3, Trading Requirements, to change
1 15
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
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trading requirements applicable to
certain Registered Options Traders
trading electronically, as described
below.
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.nasdaqtrader.com/
micro.aspx?id=PHLXRulefilings, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room, and on the Commission’s Web
site at https://www.sec.gov.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
Exchange 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. The
Exchange has prepared summaries, set
forth in sections A, B, and C below, of
the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to eliminate unnecessary and
outdated potential burdens on certain
Exchange market makers arising from
their use of electronic orders to trade on
the Exchange. The general term ‘‘market
makers’’ on the Exchange includes
specialists and registered options
traders (‘‘ROTs’’).3 ROTs can be either
Streaming Quote Traders (‘‘SQTs’’) 4,
Remote Streaming Quote Traders
(‘‘RSQTs’’) 5 or non-Streaming Quote
Trader ROTs (‘‘non-SQT ROTs’’) which
by definition are neither SQTs nor
RSQTs. The Exchange is proposing to
amend Rule 1014, Commentary .13 to
permit non-SQT ROTs to meet an in3 An ROT is defined in Exchange Rule 1014(b) as
a regular member of the Exchange located on the
trading floor who has received permission from the
Exchange to trade in options for his own account.
See Exchange Rule 1014 (b)(i) and (ii).
4 An SQT is defined in Exchange Rule
1014(b)(ii)(A) as an ROT who has received
permission from the Exchange to generate and
submit option quotations electronically in options
to which such SQT is assigned.
5 An RSQT is defined in Exchange Rule in
1014(b)(ii)(B) as an ROT that is a member or
member organization with no physical trading floor
presence who has received permission from the
Exchange to generate and submit option quotations
electronically in options to which such RSQT has
been assigned. An RSQT may only submit such
quotations electronically from off the floor of the
Exchange.
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22365
person trading requirement set forth in
that section using electronic orders. The
Exchange also proposes to amend Rule
1014(b)(ii)(E) to eliminate a trading
requirement applicable to a non-SQT
ROT who transacts more than 20% of
his/her contract volume in an option
electronically versus in open outcry
during any calendar quarter. A
conforming change is proposed to
Section (a) of Rule 1093, Phlx XL Risk
Monitor Mechanism. Finally, changes
are proposed to Options Floor
Procedure Advice B–3 and to Rule
1014(b)(ii)(E)(1) to conform to a recent
amendment by the Exchange of Rule
1014, Commentary .01, as explained
below.
Recent Rule 1014, Commentary .01
Amendment
The Exchange has recently amended
Commentary .01 of Rule 1014. 6 Prior to
the amendment Commentary .01
required that in order for an ROT (other
than an RSQT or a Remote Specialist) to
receive specialist margin treatment for
off-floor orders in any calendar quarter,
the ROT was required among other
things to execute the greater of 1,000
contracts or 80% of his total contracts
that quarter in person and not through
the use of orders (the ‘‘80% in-person
test’’).
The only way to participate in trades
other than through the use of orders is
by quoting. As the Exchange explained
in the proposed rule change, non-SQT
ROTs do not ‘‘stream’’ quotes, meaning
send quotes electronically to the
Exchange. Instead, pursuant to
Commentary .18 of Rule 1014, they
submit limit orders electronically and
respond to floor brokers verbally. While
SQTs quote electronically by
‘‘streaming’’ quotations into the
Exchange, non-SQT ROTs quote
verbally in response to floor brokers
representing orders in the trading crowd
verbally.
The Exchange explained in the filing
that the limitation on the use of orders
to satisfy the 80% in-person test with
respect to non-SQT ROTs was obsolete
as, over time, following the movement
toward a more electronic trading
platform in options, it had become
difficult for such ROTs to comply with
the trading requirement without using
orders. The Exchange explained that in
order to comply with their quarterly
trading requirements, non-SQT ROTs
have to proactively enter orders that
provide or take liquidity. While some
time ago, ROTs were able to place their
liquidity on the book by verbally
6 See Securities Exchange Act Release No. 65644
(October 27, 2011), 76 FR 67786 (November 2, 2011)
(approving SR–Phlx–2011–123).
E:\FR\FM\13APN1.SGM
13APN1
]]>Agencies
[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22362-22365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8917]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 70-0398; NRC-2012-0091]
Exemption Requests for Special Nuclear Material License SNM-362,
Department of Commerce, Gaithersburg, MD
AGENCY: Nuclear Regulatory Commission.
ACTION: Availability of environmental assessment and finding of no
significant impact.
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FOR FURTHER INFORMATION CONTACT: Mary T. Adams, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-492-3113; email:
Mary.Adams@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Nuclear Regulatory Commission (NRC) is considering the issuance
of exemptions from Title 10 of the Code of Federal Regulations (10 CFR)
36.27(b) and 36.31(a), to be included in the renewal of Special Nuclear
Material (SNM) License SNM-362 for the U.S. Department of Commerce,
National Institutes of Standards and Technology (NIST) in Gaithersburg,
Maryland. NIST requested renewal of SNM-362 in an application dated
June 29, 2007 (ML072140750). NIST revised the license renewal
application on March 23, 2011 (ML110940239) to include three requests
for exemption from NRC regulations in 10 CFR 36.27(b), 36.31(a), and
70.24.
Pursuant to 10 CFR 51.22(c)(14)(v), renewal of materials licenses
issued under 10 CFR Part 70 for research and
[[Page 22363]]
development and for educational purposes is a category of actions which
the NRC has determined does not individually or cumulatively have a
significant effect on the human environment, and as such, this category
of actions does not require environmental review or the preparation of
an Environmental Assessment (EA). However, in addition to its
application for renewal, NIST has also requested specific exemptions
from three NRC regulations, and the exemption requests require
environmental review unless the exemptions themselves are also subject
to categorical exclusion. One of the exemption requests, that request
related to 10 CFR 70.24, has also been determined to belong to the
categorically excluded action, specifically those identified in 10 CFR
51.22(c)(25). This determination will be discussed in the safety
evaluation report that will support the license renewal.
In accordance with 10 CFR 51.21 the NRC has prepared this EA to
assess the environmental impacts of granting the remaining two
exemption requests from 10 CFR 36.27(b) and 36.31(a). Based on the EA,
the NRC has concluded that a Finding of No Significant Impact (FONSI)
is appropriate, and therefore an EIS will not be prepared.
II. Environmental Assessment
On March 23, 2011, NIST provided a revised request for renewal of
SNM-362, which authorizes the receipt, possession, and use of source,
byproduct, and SNM for research and development purposes. NIST uses
licensed materials for research, development, calibration, and testing
activities. NIST develops, maintains, and disseminates national
standards for ionizing radiation and radioactivity to support health
care, industry, and homeland security. Examples of this work include
development of reference materials and measurement calibration services
for radiopharmaceuticals; maintaining and disseminating standards used
by hospitals to calibrate systems; and development of standards and
protocols for radiation measurement instruments used in homeland
security. Activities for which the licensed material is used are
described in the license renewal application (LRA).
Materials License SNM-362 was first issued by the Atomic Energy
Commission in 1960 to the National Bureau of Standards, renamed in 1988
to the National Institute of Standards and Technology. NIST is a
Federal agency within the Department of Commerce. The SNM license was
renewed in 1979, 1985, 1991, and 1997. The current license was
scheduled to expire on July 31, 2007. In accordance with 10 CFR Part
70, NIST submitted an application requesting renewal of Materials
License SNM-162 on June 29, 2007 (Agencywide Documents Access and
Management System [ADAMS] Accession No. ML072140750) and, in accordance
with the timely renewal provision of 10 CFR 70.38(a), the license has
remained in effect. In addition to the SNM license, NIST holds a test
reactor operating license, TR-5 (Docket No. 50-184), and an NRC Exempt
Distribution License No. 19-23454-01E (Docket No. 30-22202) for
byproduct material. In response to an NRC Request for Additional
Information (ADAMS Accession No. ML103210269), NIST provided a third
revised LRA on March 23, 2011 (ADAMS Accession No. ML110940239), which
included the requests for exemption from 10 CFR 36.27(b), 36.31(a), and
70.24.\1\ The exemption requests that are under consideration in this
EA are related to 10 CFR 36.27(b) and 36.31(a). The exemptions were
first granted by the NRC in Amendment 2 to SNM-362 issued on November
23, 1999 (ADAMS accession numbers ML993350644 and ML993350646). This EA
addresses the action of continuing these previously-granted exemptions
in the renewed license.
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\1\ The exemption request for 10 CFR 70.24 is categorically
excluded from the requirement to perform an environmental assessment
by 10 CFR 51.22(c)(25). The categorical exclusion determination for
the criticality accident alarm system exemption will be documented
in the Safety Evaluation Report supporting the license renewal.
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Description of the Proposed Action
NIST has been licensed by the NRC for the possession and use of SNM
in license SNM-362 since 1960. The exemptions from 10 CFR 36.27(b) and
36.31(a) have been parts of SNM-362 since 1999. The proposed actions
are to continue to exempt the licensee from the requirement that the
radiation room must be equipped with a fire extinguishing system
capable of extinguishing a fire without the entry of personnel into the
room (10 CFR 36.27(b)); and the requirements that (1) the console key
must be attached to a portable radiation survey meter by a chain or
cable, and (2) the door to the radiation room must require the same key
used for source movement (i.e., control console key) (10 CFR 36.31(a))
upon renewal of Materials License SNM-362. Continuing these exemptions
in the renewed license does not require or authorize any change in
licensee operations.
The action of renewing SNM-362 is an action that is categorically
excluded from environmental review under 10 CFR 51.22(c)(14)(v), which
includes issuance, amendment, or renewal of materials licenses issued
pursuant to 10 CFR Parts 30, 31, 32, 33, 34, 35, 36, 39, 40, or 70
authorizing the use of radioactive materials for research and
development and educational purposes. The inclusion of the two
exemptions requested by NIST in the LRA is an action that requires an
EA in accordance with 10 CFR 51.21.
Need for the Proposed Action
The first part of the proposed action is a continued exemption from
10 CFR 36.27(b), which requires that the irradiation room at a
panoramic irradiator be equipped with a fire extinguishing system
capable of extinguishing a fire without the entry of personnel into the
room. The system for the irradiation room must have a shut-off valve to
control flooding into unrestricted areas.
In the initial 1999 request for exemption, NIST indicated that
equipment limitations and facility age (then nearly 40 years old) would
prevent NIST from complying with 10 CFR 36.27(b). The second part of
the proposed action is a continued exemption from 10 CFR 36.31(a). 10
CFR 36.31(a) requires that the key that operates the irradiator be
attached to a portable radiation survey meter by a chain or cable. In
addition, NIST stated that the age of the facility (then nearly 40
years old) and the interconnectivity of the safety features would make
it prohibitively expensive to modify the facility to meet the same-key
requirement and would offer no enhancement of safety.
Alternatives to the Proposed Action
An alternative to granting the continued exemption to 10 CFR
36.27(b) is to deny the exemption request and require NIST to provide
the irradiation room with a fire extinguishing system capable of
extinguishing a fire without the entry of personnel into the room with
a shut-off valve to control flooding into unrestricted areas.
An alternative to granting the continued exemption to 10 CFR 36.31
is to deny the exemption request and require NIST to provide that the
key that actuates the mechanism that moves the sources of a panoramic
irradiator be attached to a portable radiation survey meter by a chain
or cable.
[[Page 22364]]
Environmental Impacts of the Proposed Action and Alternatives
The NRC established 10 CFR Part 36 to ``specify radiation safety
requirements and licensing requirements for the use of licensed
radioactive materials in irradiators.'' 58 FR 7715; February 9, 1993.
At that time, the NRC issued an environmental assessment and finding of
no significant impact which analyzed the environmental impacts of the
requirements in 10 CFR Part 36, including sections 36.27 and 36.31
(Ref. 3, Enclosure 4). Specifically, the NRC considered the
environmental impacts of internal and external radiation exposure
resulting from normal operations, accident scenarios, and abnormal
operations. For each of these scenarios, the NRC determined that the
safety requirements of the regulation would not have a significant
environmental impact. As discussed below, the NRC has determined that
the alternatives proposed by the licensee would have the same safety
impact as the regulations, and as such, the environmental impacts that
were analyzed by the NRC when the regulation was initially promulgated
would remain unchanged, and the impacts would not be significant.
Section 36.27(b) requires that the irradiation room at a panoramic
irradiator be equipped with a fire extinguishing system capable of
extinguishing a fire without the entry of personnel into the room. The
system for the irradiation room must have a shut-off valve to control
flooding into unrestricted areas.
The irradiation room housing NIST's 10 CFR Part 36 panoramic
irradiators are entirely of concrete construction. The rooms are
limited in size so there is minimal opportunity for combustible
materials to be stored in the area. NIST administratively limits
storage of flammable materials in the rooms. As such, the most credible
fire incident would be an electrical fire from the control,
instrumentation, or lighting systems. This would not be sufficient to
engulf or significantly endanger the source.
To compensate for NIST's not complying with 10 CFR 36.27(b), NIST
indicated that the signal from the heat or smoke detectors will alert
the NIST Fire Protection Group, and that the irradiators are designed
to retract the source when the electrical power fails or on loss of
air, as may occur during a fire. Fire extinguishers at the site are
available to fight small fires and operators are instructed to retract
the source, if possible, prior to exiting the facility for a fire
involving major portions of the facility. NRC staff determined that the
alternative fire protection provisions identified by NIST provide an
adequate level of safety for workers and the public.
Based upon the compensatory measures provided by the licensee and
described above, NRC staff has determined that potential environmental
impacts from a fire in the irradiation room will not be increased by
continuing the exemption from 10 CFR 36.27(b) because the compensatory
measures control the likelihood of a fire to a level of protection
equivalent to what would be provided by the prescribed measures in
36.27(b). There are no environmental impacts of the proposed exemption
to 10 CFR 36.27(b). Granting the exemption will not result in effluents
to the environment or an increase in occupational exposure. It also
will not increase the likelihood or consequences of a fire at the
facility.
Section 36.31(a) requires that the key that operates the irradiator
be attached to a portable radiation survey meter by a chain or cable.
In the 1999 exemption request, NIST stated that the age of the facility
(then nearly 40 years old) and the interconnectivity of the safety
features would make it prohibitively expensive to modify the facility
to meet the same-key requirement and would offer no enhancement of
safety. The key used to enter the irradiation room is captured in the
lock when the door is opened. This means that physically the key cannot
be moved out of its captured position if the door to the survey room is
open. The distance from the lock to the source area is such that
attaching the key to a survey meter would require a long chain that
could be a trip hazard or get jammed in the chain of the access door
when it is opening or closing. NIST's procedure requires that a survey
meter be used when entering the room. Additionally, in lieu of
attaching a survey meter to the key, NIST installed a radiation
detector within the irradiation room. This detector indicates if the
source is open, and it is tested every day that the unit is in
operation. NRC agreed that the age of the facility and the limitations
associated with modifying the safety features made it unreasonable to
modify the facility to meet the requirement, and that the added
radiation monitors, entrance controls, and security measures would
provide comparable safety measures.
Based upon the alternative radiation safety measures provided by
the licensee and described above, NRC staff has confirmed that there
are no environmental impacts of the proposed exemption to 10 CFR
36.31(a). Granting the exemption will not result in any effluents to
the environment or an increase in occupational exposure.
List of Agencies and Persons Consulted and Identification of Sources
Used
NRC staff consulted with the Maryland Department of the
Environment. The Department was not opposed to the NRC findings.
The NRC staff determined that consultation with the U.S. Fish and
Wildlife Service for compliance with Section 7 of the Endangered
Species Act is not necessary because the proposed action does not have
the potential to affect listed species or critical habitat.
The NRC staff reviewed the Maryland Inventory of Historic
Properties and confirmed that there are no known archeological sites or
other historic properties within or immediately adjacent to the NIST
campus. Continuing the proposed exemptions in the renewed NIST license
is not a type of activity that has potential to cause effects on
historic properties. Therefore, no further consultation is required
under Section 106 of the National Historic Preservation Act.
Finding of No Significant Impact
Pursuant to 10 CFR Part 51, the NRC has considered the
environmental consequences of taking the proposed action. 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, preparation of an EIS is not warranted.
III. Further Information
Documents related to this action, including the application for
license renewal and supporting documentation, are available
electronically at the NRC Library at https://www.nrc.gov/reading-rm/adams.html. From this site, you may access ADAMS, which provides text
and image files of NRC's public documents. The ADAMS accession numbers
for the documents related to this Notice are:
1. NIST Revised License Renewal Application for SNM-362, Docket
No. 70-398, March 23, 2011, (ML110940239).
2. Exemptions from 10 CFR Part 36 (TAC No. L31075) and Safety
Evaluation Report, November 23, 1999 (ML993350644 and ML993350646).
3. U.S. NRC, September 18, 1992, SECY-92-323, Final Rule on
Licenses and Radiation Safety Requirements for Irradiators
(ML120940618), Enclosure 4, Environmental Assessment and Finding of
no Significant Impact, August 1992.
[[Page 22365]]
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, please contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by email to pdr.resource@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O1F21,
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 5th day of April 2012.
For the U.S. Nuclear Regulatory Commission.
Kevin Ramsey,
Acting Chief, Fuel Manufacturing Branch, Division of Fuel Cycle Safety
and Safeguards, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2012-8917 Filed 4-12-12; 8:45 am]
BILLING CODE 7590-01-P
