Consideration of License Amendment Request for Exemption to NRC's Regulations to Remove Radioisotope Thermoelectric Generators From the Department of the Navy Master Material License No. 45-23645-01NA; Permit No. 45-4650-N1NP; Naval Nuclear Power Unit, 50087-50089 [2019-20597]

Download as PDF Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES acknowledge that both secondary containment access openings may be simultaneously open for entry and exit. Additionally, TS Definitions 1.39.d and 1.39.g are revised to conform to the changes to these two SRs. Date of issuance: September 6, 2019. Effective date: As of the date of issuance and shall be implemented within 60 days of the date of issuance. Amendment No.: 218. A publiclyavailable version is in ADAMS under Accession No. ML19205A306; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment. Renewed Facility Operating License No. NPF–57: The amendment revised the Renewed Facility Operating License and TSs. Date of initial notice in Federal Register: June 4, 2019 (84 FR 25839). The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated September 6, 2019. No significant hazards consideration comments received: No. Southern Nuclear Operating Company, Inc., Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, City of Dalton, Georgia, Docket Nos. 50– 321 and 50–366, Edwin I. Hatch Nuclear Plant (Hatch), Unit Nos. 1 and 2, Appling County, Georgia Date of amendment request: October 17, 2018. Brief description of amendments: The amendments modified the required actions associated with the Hatch, Unit Nos. 1 and 2, Technical Specification (TS) 3.6.4.1, ‘‘Secondary Containment,’’ to allow up to 7 days to determine and correct the cause of secondary containment degradation when at least one combination of standby gas treatment subsystems can maintain adequate secondary containment vacuum. Date of issuance: September 4, 2019. Effective date: As of the date of issuance and shall be implemented within 90 days of issuance. Amendment Nos.: 298 (Unit 1) and 243 (Unit 2). A publicly-available version is in ADAMS under Accession No. ML19198A104; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments. Renewed Facility Operating License Nos. DPR–57 and NPF–5: Amendments revised the Renewed Facility Operating Licenses and TSs. Date of initial notice in Federal Register: March 26, 2019 (84 FR 11342). VerDate Sep<11>2014 17:37 Sep 23, 2019 Jkt 247001 The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated September 4, 2019. No significant hazards consideration comments received: No. Tennessee Valley Authority (TVA) Docket Nos. 50–259, 50–260, and 50– 296, Browns Ferry Nuclear Plant (Browns Ferry), Units 1, 2, and 3, Limestone County, Alabama TVA Docket Nos. 50–327 and 50–328, Sequoyah Nuclear Plant (Sequoyah), Units 1 and 2, Hamilton County, Tennessee TVA Docket Nos. 50–390 and 50–391, Watts Bar Nuclear Plant (Watts Bar), Units 1 and 2, Rhea County, Tennessee Date of amendment request: November 17, 2017, as supplemented by letter dated June 18, 2018, and as subsequently revised by letter dated November 19, 2018, and supplemented by letter dated January 25, 2019. Brief description of amendments: The amendments added a new level of protection regarding ‘‘unbalanced voltage’’ to the Technical Specifications (TSs) for the loss of power instrumentation. Implementation of these amendments provides for equipment protection from the effects of an unbalanced voltage in a similar fashion to the existing degraded and loss of voltage protection schemes. Specifically, the amendments added a new condition to TS 3.3.8.1 and revised TS Table 3.3.8.1–1 for Browns Ferry, and added a new condition to TS 3.3.5 and revised TS Table 3.3.5–1 for Sequoyah and Watts Bar to reflect the implementation of the Class 1E ‘‘unbalanced voltage’’ relays for Browns Ferry, Sequoyah, and Watts Bar TSs loss of power instrumentation. Date of issuance: August 27, 2019. Effective date: As of the date of issuance and shall be implemented within 120 days of issuance. Amendment Nos.: 309, 332, and 292 (Browns Ferry, Units 1, 2, and 3 respectively); 345 and 339 (Sequoyah, Units 1 and 2, respectively); and 128 and 31 (Watts Bar, Units 1 and 2, respectively). A publicly-available version is in ADAMS under Accession No. ML18277A110; documents related to these amendments are listed in the Safety Evaluation enclosed with the amendments. Renewed Facility Operating License Nos. DPR–33, DPR–52, DPR–68, DPR– 77, and DPR–79, and Facility Operating License Nos. NPF–90 and NPF–96: The amendments revised the Facility Operating Licenses and TSs. PO 00000 Frm 00109 Fmt 4703 Sfmt 4703 50087 Date of initial notice in Federal Register: January 16, 2018 (83 FR 2231). The supplemental letter dated June 18, 2018, and as subsequently revised by letter dated November 19, 2018, and supplemented by letter dated January 25, 2019, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the NRC staff’s original proposed no significant hazards consideration determination as published in the Federal Register. The Commission’s related evaluation of the amendments is contained in a Safety Evaluation dated August 27, 2019. No significant hazards consideration comments received: No. Dated at Rockville, Maryland, this 18th day of September 2019. For the Nuclear Regulatory Commission. Jessica A. Bielecki, Acting Deputy Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2019–20507 Filed 9–23–19; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–29462; NRC–2019–0167] Consideration of License Amendment Request for Exemption to NRC’s Regulations to Remove Radioisotope Thermoelectric Generators From the Department of the Navy Master Material License No. 45–23645–01NA; Permit No. 45–4650–N1NP; Naval Nuclear Power Unit Nuclear Regulatory Commission. ACTION: Environmental assessment and finding of no significant impact; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption under its regulations to the U.S. Navy from the decommissioning requirements as it relates to six Radioisotope Thermoelectric Generators (RTGs). The approval would allow the in-situ abandonment of six RTGs on the ocean bottom and subsequent termination of Naval Radioactive Materials Permit No. 45–4650–N1NP, Naval Nuclear Power Unit, Port Hueneme, California. DATES: The environmental assessment and finding of no significant impact referenced in this document are available on September 24, 2019. SUMMARY: E:\FR\FM\24SEN1.SGM 24SEN1 50088 Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices Please refer to Docket ID NRC–2019–0167 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0167. Address questions about NRC docket IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– 415–4737, or by email to pdr.resource@ nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the AVAILABILITY OF DOCUMENTS section. • 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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Robin Elliott, U.S. Nuclear Regulatory Commission, Region I, 2100 Renaissance Boulevard, King of Prussia, Pennsylvania 19406; telephone: 610– 337–5076; email: Robin.Elliott@nrc.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with NOTICES I. Introduction The NRC is considering issuance of an exemption to NRC decommissioning requirements for the Master Materials License held by the Department of the Navy, License 45–23645–01NA. The exemption would authorize the removal of six RTGs that are currently permitted for storage on the ocean bottom pending development of a viable disposal option. Therefore, as required by part 51 of title 10 of the Code of Federal Regulations (10 CFR), the NRC performed an environmental assessment. Based on the results of the environmental assessment that follows, the NRC has determined not to prepare an environmental impact statement for the amendment, and is issuing a finding of no significant impact. VerDate Sep<11>2014 17:37 Sep 23, 2019 Jkt 247001 II. Environmental Assessment Description of the Proposed Action The proposed action would approve the licensee’s August 29, 2018, license amendment and associated exemption request, resulting in the in-situ abandonment of six RTGs on the ocean bottom, therefore allowing termination of the permit supporting their storage. In 1970 and 1977, the Navy emplaced six RTGs in the deep oceans of the North Atlantic and South Pacific at depths greater than 10,000 feet to provide power for acoustic transponders. Currently, the RTGs are buried in silt and are irretrievable and further retrieval attempts are dangerous to personnel and equipment due to the depths involved, according to the U.S. Navy. Each RTG consists of a strontium-90 titanate heat source, thermoelectric generator, thermal insulation, biological shielding, and a pressure vessel/housing that is designed to withstand at least 20,000 feet of ocean depth. The strontium pellets are sealed in a stainless steel liner. Final encapsulation of the liner is within an alloy that is resistant to seawater corrosion. The strontium capsules are designed to retain their integrity for at least 300 years while exposed to seawater at 10,000 pounds per square inch. Three of the six RTGs utilize a minimum of 270 pounds of depleted uranium shielding, while the remaining three utilized lead shielding. The half-life of strontium-90 is 28.8 years. In 1978, the Navy attempted to recover three of these RTGs using a manned submersible vehicle. This attempt failed and the deep submergence vehicle was damaged as part of that retrieval attempt. The Navy has expressed concern regarding danger to personnel and equipment in subsequent attempts to retrieve these RTGs, especially given their buried condition. Master Material License (MML) No. 45–23645–01NA was issued on March 23, 1987, pursuant to 10 CFR part 30, and has been amended periodically since that time. This MML license authorizes, via Naval Radioactive Materials Permit No. 45–4650–N1NP, these six RTGs. They are currently licensed for storage on the ocean bottom pending development of a viable disposal option. License termination for such sources is usually accomplished under the regulatory framework of 10 CFR 30.36. The NRC is evaluating a request to exempt the Navy from these requirements in recognition of the irretrievability of these RTGs and to PO 00000 Frm 00110 Fmt 4703 Sfmt 4703 allow the Navy to remove these RTGs from their MML due to the fact that they no longer possess the material (i.e., these RTGs as irretrievable). Need for the Proposed Action The Navy is requesting approval of this permitting action because it has ceased use of the RTGs, is unable to retrieve the sources, and further retrieval attempts are dangerous for personnel and equipment, and therefore to terminate the associated permits. Environmental Impacts of the Proposed Action All of the RTGs are located on the ocean floor at depths greater than 10,000 feet deep and are designed to retain their strontium-90 fuel for 300 years without deformation in a deep ocean environment. The half-life of strontium90 is 28.8 years. Thus, at the design life of the RTG fuel capsules, 10 half-lives have passed, and the remaining activity of strontium will be indistinguishable from background levels. Based on photos the staff reviewed in the submittals, it appears that these RTGs are buried or semi-buried in silt. Additionally, each RTG has significant depleted uranium or lead shielding. This weight, coupled with the fact that these RTGs are buried in varying degrees in the ocean floor, have essentially immobilized them. The RTGs are in a state where they are semi or completely buried in silt. Given this, and the fact that during a previously attempt to retrieve these RTGs, the deep submergence vehicle was damaged, attempting the same activity again may damage vehicles attempting retrieval. As discussed by the Navy, there is a significant degree of (non-radiological) risk to personnel attempting another retrieval attempt due to the depth and silt accumulation of the RTGs. The NRC staff evaluated dose assessments if the strontium fuel capsules leak, and determined that doses would be minimal. These RTGS are located in remote areas of the ocean in the deep subsurface. There are a limited number of vehicles capable of reaching depths of 10,000 feet or greater. Given this, the NRC staff finds it unlikely that these RTGs will be intruded upon, as discussed in greater detail in the NRC staff’s safety evaluation report. Environmental Impacts of the Alternatives to the Proposed Action Due to the largely administrative nature of the proposed action, its environmental impacts are small. Therefore, the only alternative the staff E:\FR\FM\24SEN1.SGM 24SEN1 Federal Register / Vol. 84, No. 185 / Tuesday, September 24, 2019 / Notices considered is the no-action alternative, under which the staff would leave things as they are by simply denying the exemption request. This no-action alternative is not feasible as it conflicts with 10 CFR 30.36(d), requiring that a license (permit in this case) be terminated when no principal activities under the license have been conducted for a period of 24 months. It has been greater than 24 months since the licensee (permittee) conducted any principal activities with the sources. Additionally, denying the amendment request would result in no change in current environmental impacts, since the sources are irretrievable. The environmental impacts of the proposed action and the no-action alternative are therefore the same, and would not result in significant environmental impacts. The staff also considered requiring the Navy to again attempt to retrieve RTGs as a potential alternative. However, based on the information submitted by the Navy and reviewed by the NRC staff, this is not a feasible option, and is therefore not considered further. Agencies and Persons Consulted The NRC staff has determined that the proposed action is of a procedural nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this environmental assessment in support of the proposed action. On the basis of this environmental assessment, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a finding of no significant impact is appropriate. IV. Availability of Documents The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated. Document Adams Accession No. Department of the Navy letter dated August 29, 2018, ‘‘Request for Technical Assistance In the Abandonment of Radioisotope Thermoelectric Generators In Siu At The Bottom Of The Ocean’’. ‘‘Consolidated Decommissioning Guidance: Decommissioning Process for Materials Licensees’’ (NUREG–1757, Vol.1 Rev. 2). Safety Evaluation Report Approval of Request to Remove RTGS from Department of Navy License, dated August 13, 2019. Dated at Rockville, Maryland, this 18th day of September, 2019. For the Nuclear Regulatory Commission. Joseph L. Nick, Deputy Director, Division of Nuclear Materials Safety, Region I. [FR Doc. 2019–20597 Filed 9–23–19; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION Sunshine Act Meetings 1:00 p.m. on Thursday, September 26, 2019. PLACE: The meeting will be held at the Commission’s headquarters, 100 F Street NE, Washington, DC 20549. STATUS: This meeting will be closed to the public. MATTERS TO BE CONSIDERED: Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the closed meeting. Certain staff members who have an interest in the matters also may be present. In the event that the time, date, or location of this meeting changes, an announcement of the change, along with the new time, date, and/or place of the meeting will be posted on the Commission’s website at https:// www.sec.gov. khammond on DSKJM1Z7X2PROD with NOTICES TIME AND DATE: VerDate Sep<11>2014 17:37 Sep 23, 2019 Jkt 247001 The General Counsel of the Commission, or his designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (6), (7), (8), 9(B) and (10) and 17 CFR 200.402(a)(3), (a)(5), (a)(6), (a)(7), (a)(8), (a)(9)(ii) and (a)(10), permit consideration of the scheduled matters at the closed meeting. The subject matters of the closed meeting will consist of the following topics: Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings; Resolution of litigation claims; and Other matters relating to enforcement proceedings. At times, changes in Commission priorities require alterations in the scheduling of meeting agenda items that may consist of adjudicatory, examination, litigation, or regulatory matters. CONTACT PERSON FOR MORE INFORMATION: For further information; please contact Vanessa A. Countryman from the Office of the Secretary at (202) 551–5400. Dated: September 19, 2019. Vanessa A. Countryman, Secretary. [FR Doc. 2019–20750 Filed 9–20–19; 11:15 am] BILLING CODE 8011–01–P PO 00000 Frm 00111 50089 Fmt 4703 Sfmt 4703 ML19165A234 ML063000243 ML19226A177 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–86999; File No. SR–NYSE– 2019–50] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Price List To Aggregate Rates and Requirements Across Tapes A, B and C Securities for Midpoint Passive Liquidity Orders September 18, 2019. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that, on September 3, 2019, New York Stock Exchange LLC (‘‘NYSE’’ or the ‘‘Exchange’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the self-regulatory organization. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. 1 15 U.S.C. 78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 E:\FR\FM\24SEN1.SGM 24SEN1

Agencies

[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 50087-50089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20597]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. 030-29462; NRC-2019-0167]


Consideration of License Amendment Request for Exemption to NRC's 
Regulations to Remove Radioisotope Thermoelectric Generators From the 
Department of the Navy Master Material License No. 45-23645-01NA; 
Permit No. 45-4650-N1NP; Naval Nuclear Power Unit

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is granting an 
exemption under its regulations to the U.S. Navy from the 
decommissioning requirements as it relates to six Radioisotope 
Thermoelectric Generators (RTGs). The approval would allow the in-situ 
abandonment of six RTGs on the ocean bottom and subsequent termination 
of Naval Radioactive Materials Permit No. 45-4650-N1NP, Naval Nuclear 
Power Unit, Port Hueneme, California.

DATES: The environmental assessment and finding of no significant 
impact referenced in this document are available on September 24, 2019.

[[Page 50088]]


ADDRESSES: Please refer to Docket ID NRC-2019-0167 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0167. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. For the convenience of the reader, 
instructions about obtaining materials referenced in this document are 
provided in the AVAILABILITY OF DOCUMENTS section.
     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: Robin Elliott, U.S. Nuclear Regulatory 
Commission, Region I, 2100 Renaissance Boulevard, King of Prussia, 
Pennsylvania 19406; telephone: 610-337-5076; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is considering issuance of an exemption to NRC 
decommissioning requirements for the Master Materials License held by 
the Department of the Navy, License 45-23645-01NA. The exemption would 
authorize the removal of six RTGs that are currently permitted for 
storage on the ocean bottom pending development of a viable disposal 
option. Therefore, as required by part 51 of title 10 of the Code of 
Federal Regulations (10 CFR), the NRC performed an environmental 
assessment. Based on the results of the environmental assessment that 
follows, the NRC has determined not to prepare an environmental impact 
statement for the amendment, and is issuing a finding of no significant 
impact.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would approve the licensee's August 29, 2018, 
license amendment and associated exemption request, resulting in the 
in-situ abandonment of six RTGs on the ocean bottom, therefore allowing 
termination of the permit supporting their storage.
    In 1970 and 1977, the Navy emplaced six RTGs in the deep oceans of 
the North Atlantic and South Pacific at depths greater than 10,000 feet 
to provide power for acoustic transponders. Currently, the RTGs are 
buried in silt and are irretrievable and further retrieval attempts are 
dangerous to personnel and equipment due to the depths involved, 
according to the U.S. Navy.
    Each RTG consists of a strontium-90 titanate heat source, 
thermoelectric generator, thermal insulation, biological shielding, and 
a pressure vessel/housing that is designed to withstand at least 20,000 
feet of ocean depth. The strontium pellets are sealed in a stainless 
steel liner. Final encapsulation of the liner is within an alloy that 
is resistant to seawater corrosion. The strontium capsules are designed 
to retain their integrity for at least 300 years while exposed to 
seawater at 10,000 pounds per square inch. Three of the six RTGs 
utilize a minimum of 270 pounds of depleted uranium shielding, while 
the remaining three utilized lead shielding. The half-life of 
strontium-90 is 28.8 years.
    In 1978, the Navy attempted to recover three of these RTGs using a 
manned submersible vehicle. This attempt failed and the deep 
submergence vehicle was damaged as part of that retrieval attempt. The 
Navy has expressed concern regarding danger to personnel and equipment 
in subsequent attempts to retrieve these RTGs, especially given their 
buried condition.
    Master Material License (MML) No. 45-23645-01NA was issued on March 
23, 1987, pursuant to 10 CFR part 30, and has been amended periodically 
since that time. This MML license authorizes, via Naval Radioactive 
Materials Permit No. 45-4650-N1NP, these six RTGs. They are currently 
licensed for storage on the ocean bottom pending development of a 
viable disposal option.
    License termination for such sources is usually accomplished under 
the regulatory framework of 10 CFR 30.36. The NRC is evaluating a 
request to exempt the Navy from these requirements in recognition of 
the irretrievability of these RTGs and to allow the Navy to remove 
these RTGs from their MML due to the fact that they no longer possess 
the material (i.e., these RTGs as irretrievable).

Need for the Proposed Action

    The Navy is requesting approval of this permitting action because 
it has ceased use of the RTGs, is unable to retrieve the sources, and 
further retrieval attempts are dangerous for personnel and equipment, 
and therefore to terminate the associated permits.

Environmental Impacts of the Proposed Action

    All of the RTGs are located on the ocean floor at depths greater 
than 10,000 feet deep and are designed to retain their strontium-90 
fuel for 300 years without deformation in a deep ocean environment. The 
half-life of strontium-90 is 28.8 years. Thus, at the design life of 
the RTG fuel capsules, 10 half-lives have passed, and the remaining 
activity of strontium will be indistinguishable from background levels.
    Based on photos the staff reviewed in the submittals, it appears 
that these RTGs are buried or semi-buried in silt. Additionally, each 
RTG has significant depleted uranium or lead shielding. This weight, 
coupled with the fact that these RTGs are buried in varying degrees in 
the ocean floor, have essentially immobilized them.
    The RTGs are in a state where they are semi or completely buried in 
silt. Given this, and the fact that during a previously attempt to 
retrieve these RTGs, the deep submergence vehicle was damaged, 
attempting the same activity again may damage vehicles attempting 
retrieval. As discussed by the Navy, there is a significant degree of 
(non-radiological) risk to personnel attempting another retrieval 
attempt due to the depth and silt accumulation of the RTGs.
    The NRC staff evaluated dose assessments if the strontium fuel 
capsules leak, and determined that doses would be minimal. These RTGS 
are located in remote areas of the ocean in the deep subsurface. There 
are a limited number of vehicles capable of reaching depths of 10,000 
feet or greater. Given this, the NRC staff finds it unlikely that these 
RTGs will be intruded upon, as discussed in greater detail in the NRC 
staff's safety evaluation report.

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the largely administrative nature of the proposed action, 
its environmental impacts are small. Therefore, the only alternative 
the staff

[[Page 50089]]

considered is the no-action alternative, under which the staff would 
leave things as they are by simply denying the exemption request. This 
no-action alternative is not feasible as it conflicts with 10 CFR 
30.36(d), requiring that a license (permit in this case) be terminated 
when no principal activities under the license have been conducted for 
a period of 24 months. It has been greater than 24 months since the 
licensee (permittee) conducted any principal activities with the 
sources. Additionally, denying the amendment request would result in no 
change in current environmental impacts, since the sources are 
irretrievable. The environmental impacts of the proposed action and the 
no-action alternative are therefore the same, and would not result in 
significant environmental impacts. The staff also considered requiring 
the Navy to again attempt to retrieve RTGs as a potential alternative. 
However, based on the information submitted by the Navy and reviewed by 
the NRC staff, this is not a feasible option, and is therefore not 
considered further.

Agencies and Persons Consulted

    The NRC staff has determined that the proposed action is of a 
procedural nature, and will not affect listed species or critical 
habitat. Therefore, no further consultation is required under Section 7 
of the Endangered Species Act. The NRC staff has also determined that 
the proposed action is not the type of activity that has the potential 
to cause effects on historic properties. Therefore, no further 
consultation is required under Section 106 of the National Historic 
Preservation Act.

III. Finding of No Significant Impact

    The NRC staff has prepared this environmental assessment in support 
of the proposed action. On the basis of this environmental assessment, 
the NRC finds that there are no significant environmental impacts from 
the proposed action, and that preparation of an environmental impact 
statement is not warranted. Accordingly, the NRC has determined that a 
finding of no significant impact is appropriate.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

------------------------------------------------------------------------
             Document                       Adams Accession No.
------------------------------------------------------------------------
Department of the Navy letter      ML19165A234
 dated August 29, 2018, ``Request
 for Technical Assistance In the
 Abandonment of Radioisotope
 Thermoelectric Generators In Siu
 At The Bottom Of The Ocean''.
``Consolidated Decommissioning     ML063000243
 Guidance: Decommissioning
 Process for Materials
 Licensees'' (NUREG-1757, Vol.1
 Rev. 2).
Safety Evaluation Report Approval  ML19226A177
 of Request to Remove RTGS from
 Department of Navy License,
 dated August 13, 2019.
------------------------------------------------------------------------


    Dated at Rockville, Maryland, this 18th day of September, 2019.

    For the Nuclear Regulatory Commission.
Joseph L. Nick,
Deputy Director, Division of Nuclear Materials Safety, Region I.
[FR Doc. 2019-20597 Filed 9-23-19; 8:45 am]
BILLING CODE 7590-01-P


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