Exemption Requests for Special Nuclear Material License SNM-362, Department of Commerce, Gaithersburg, MD, 22362-22365 [2012-8917]

Download as PDF 22362 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: pmangrum on DSK3VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 14:16 Apr 12, 2012 Jkt 226001 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 PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 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 E:\FR\FM\13APN1.SGM 13APN1 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Notices pmangrum on DSK3VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 14:16 Apr 12, 2012 Jkt 226001 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. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 22363 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. E:\FR\FM\13APN1.SGM 13APN1 pmangrum on DSK3VPTVN1PROD with NOTICES 22364 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 VerDate Mar<15>2010 14:16 Apr 12, 2012 Jkt 226001 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 PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 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. E:\FR\FM\13APN1.SGM 13APN1 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. pmangrum on DSK3VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 14:16 Apr 12, 2012 Jkt 226001 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. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 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
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