Rules and Regulations. Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment

Agency: U.S. Nuclear Regulatory Commission (NRC)
Action: Notice of pending NRC action to submit an information collection request to OMB and solicitation of public comment
Citation: FR Doc. 06-4750

Summary

The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: Policy Statement on Cooperation with States at Commercial Nuclear Power Plants and Other Production or Utilization Facilities. 2. Current OMB approval number: 3150-0163. 3. How often the collection is required: On occasion, when a State wishes to observe NRC inspections or perform inspections for NRC. 4. Who is required or asked to report: Those States interested in observing or performing inspections. 5. The number of annual respondents: 66 (50 nuclear facility + 16 materials security licensees). 6. The number of hours needed annually to complete the requirement or request: 1,540 hours (23.33 hours per respondent). 7. Abstract: States wishing to enter into an agreement with NRC to observe or participate in NRC inspections at nuclear power facilities or conduct materials security inspections against NRC Orders are requested to provide certain information to the NRC to ensure close cooperation and consistency with the NRC inspection program as specified by the Commission's Policy of Cooperation with States at Commercial Nuclear Power Plants and Other Nuclear Production or Utilization Facilities and section 274i of the Atomic Energy Act, as amended. Submit, by July 21, 2006, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: http://www.nrc.gov/public-involve/doc-comment/omb/index.html . The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV . Dated at Rockville, Maryland, this 12th day of May 2006. For the Nuclear Regulatory Commission. Brenda Jo. Shelton, NRC Clearance Officer, Office of the Chief Information Officer. [FR Doc. E6-7789 Filed 5-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-29288] Notice of Consideration of Amendment Request for Decommissioning of the Pennsylvania Department of Environmental Protection, Quehanna Site, Karthaus, Pennsylvania and Opportunity To Request a Hearing AGENCY: Nuclear Regulatory Commission. ACTION: Notice of amendment request and opportunity to request a hearing. DATE: A request for a hearing must be filed by July 21, 2006.

Supplementary Information

I. Introduction The Nuclear Regulatory Commission (NRC) is considering issuance of a license amendment to By-Product Material License No. 37-17860-02 issued to the Pennsylvania Department of Environmental Protection (the licensee), to authorize decommissioning of its Quehanna Facility in Karthaus, Pennsylvania under revision four of the licensee's Decommissioning Plan (DP). The licensee had been decommissioning the Quehanna Site in accordance with the conditions described in License No. 37-17860-02, and in February 2005, after decommissioning activities had been completed, the licensee submitted the Final Status Survey Report for the site. In May of 2005, the NRC conducted an independent confirmatory survey of the Quehanna Site and determined that the facility was contaminated in excess of the limits specified in the NRC approved DP. Since that time the licensee has determined that the facility contained concrete with volumetric radioactive contamination that migrated to the surface of the concrete resulting in the failure of the site to meet the limits for unrestricted release as described in the NRC approved DP. Because the NRC approved DP release limits were based on surface contamination, and volumetric contamination is present at the site, the NRC approved DP cannot be used to release the site for unrestricted release. Therefore, the licensee has submitted to the NRC a revised DP (revision 4) incorporating the dose based criteria of 10 CFR 20, Subpart E, Radiological Criteria for License Termination for release of the site for unrestricted use. An NRC administrative review, documented in a letter to the Pennsylvania Department of Environmental Protection dated April 21, 2006, found revision 4 of the DP acceptable to begin a technical review. If the NRC approves the DP, the approval will be documented in an amendment to NRC License No. 37-17860-02. However, before approving the proposed amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended, and NRC's regulations. These findings will be documented in a Safety Evaluation Report and an Environmental Assessment and/or an Environmental Impact Statement. The license will be terminated if this amendment is approved following completion of decommissioning activities and verification by the NRC that the radiological criteria for license termination have been met. II. Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding on an application for a license amendment regarding decommissioning of the Quehanna Site located in Karthaus, Pennsylvania. In accordance with the general requirements in Subpart C of 10 CFR Part 2, as amended on January 14, 2004 (69 FR 2182), any person whose interest may be affected by this proceeding and who desires to participate as a party must file a written request for a hearing and a specification of the contentions which the person seeks to have litigated in the hearing. In accordance with 10 CFR 2.302 (a), a request for a hearing must be filed with the Commission either by: 1. First class mail addressed to: Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC., 20555-0001, Attention: Rulemakings and Adjudications; 2. Courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, Attention: Rulemakings and Adjudications Staff, between 7:45 a.m. and 4:15 p.m., Federal workdays; 3. E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or 4. By facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC., Attention: Rulemakings and Adjudications Staff, at (301) 415-1101; verification number is (301) 415-1966. In accordance with 10 CFR 2.302 (b), all documents offered for filing must be accompanied by proof of service on all parties to the proceeding or their attorneys of record as required by law or by rule or order of the Commission, including: 1. The applicant, Pennsylvania Department of Environmental Protection, Bureau of Radiation Protection, Rachel Carson State Office Building, P.O. Box 2063, Harrisburg, PA, 17105-2063, Attention: David J. Allard, CHP, Director; and 2. The NRC staff, by delivery to the Office of the General Counsel, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by mail addressed to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Hearing requests should also be transmitted to the Office of the General Counsel, either by means of facsimile transmission to (301) 415-3725, or by email to ogcmailcenter@nrc.gov. The formal requirements for documents contained in 10 CFR 2.304 (b), (c), (d), and (e), must be met. In accordance with 10 CFR 2.304 (f), a document filed by electronic mail or facsimile transmission need not comply with the formal requirements of 10 CFR 2.304 (b), (c), and (d), as long as an original and two (2) copies otherwise complying with all of the requirements of 10 CFR 2.304 (b), (c), and (d) are mailed within two (2) days thereafter to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff. In accordance with 10 CFR 2.309 (b), a request for a hearing must be filed by July 21, 2006. In addition to meeting other applicable requirements of 10 CFR 2.309, the general requirements involving a request for a hearing filed by a person other than an applicant must state: 1. The name, address, and telephone number of the requester; 2. The nature of the requester's right under the Act to be made a party to the proceeding; 3. The nature and extent of the requester's property, financial or other interest in the proceeding; 4. The possible effect of any decision or order that may be issued in the proceeding on the requester's interest; and 5. The circumstances establishing that the request for a hearing is timely in accordance with 10 CFR 2.309 (b). In accordance with 10 CFR 2.309 (f)(1), a request for hearing or petitions for leave to intervene must set forth with particularity the contentions sought to be raised. For each contention, the request or petition must: 1. Provide a specific statement of the issue of law or fact to be raised or controverted; 2. Provide a brief explanation of the basis for the contention; 3. Demonstrate that the issue raised in the contention is within the scope of the proceeding; 4. Demonstrate that the issue raised in the contention is material to the findings that the NRC must make to support the action that is involved in the proceeding; 5. Provide a concise statement of the alleged facts or expert opinions which support the requester's/petitioner's position on the issue and on which the requester/petitioner intends to rely to support its position on the issue; and 6. Provide sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. This information must include references to specific portions of the application (including the applicant's environmental report and safety report) that the requester/petitioner disputes and the supporting reasons for each dispute, or, if the requester/petitioner believes the application fails to contain information on a relevant matter as required by law, the identification of each failure and the supporting reasons for the requester's/petitioner's belief. In addition, in accordance with 10 CFR 2.309 (f)(2), contentions must be based on documents or other information available at the time the petition is to be filed, such as the application, supporting safety analysis report, environmental report or other supporting document filed by an applicant or licensee, or otherwise available to the petitioner. On issues arising under the National Environmental Policy Act, the requester/petitioner shall file contentions based on the applicant's environmental report. The requester/petitioner may amend those contentions or file new contentions if there are data or conclusions in the NRC draft, or final environmental impact statement, environmental assessment, or any supplements relating thereto, that differ significantly from the data or conclusions in the applicant's documents. Otherwise, contentions may be amended or new contentions filed after the initial filing only with leave of the presiding officer. Each contention shall be given a separate numeric or alpha designation within one of the following groups: 1. Technical—primarily concerns issues relating to matters discussed or referenced in the Safety Evaluation Report for the proposed action. 2. Environmental—primarily concerns issues relating to matters discussed or referenced in the Environmental Report for the proposed action. 3. Emergency Planning—primarily concerns issues relating to matters discussed or referenced in the Emergency Plan as it relates to the proposed action. 4. Physical Security—primarily concerns issues relating to matters discussed or referenced in the Physical Security Plan as it relates to the proposed action. 5. Miscellaneous—does not fall into one of the categories outlined above. If the requester/petitioner believes a contention raises issues that cannot be classified as primarily falling into one of these categories, the requester/petitioner must set forth the contention and supporting bases, in full, separately for each category into which the requester/petitioner asserts the contention belongs with a separate designation for that category. Requesters/petitioners should, when possible, consult with each other in preparing contentions and combine similar subject matter concerns into a joint contention, for which one of the co-sponsoring requesters/petitioners is designated the lead representative. Further, in accordance with 10 CFR 2.309 (f)(3), any requester/petitioner that wishes to adopt a contention proposed by another requester/petitioner must do so in writing within ten days of the date the contention is filed, and designate a representative who shall have the authority to act for the requester/petitioner. In accordance with 10 CFR 2.309 (g), a request for hearing and/or petition for leave to intervene may also address the selection of the hearing procedures, taking into account the provisions of 10 CFR 2.310. III. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The ADAMS accession numbers for the documents related to this notice are: Revision 4 of the DP: ML060790152 Inspection Report 030-29288/2005-001: ML051610344, ML051610355, ML051610362 Confirmatory Survey Report: ML051610610 Public Meeting Notice: ML060060065 Public Meeting Summary: ML060450407 Public Meeting Attendance List: ML060450390 Public Meeting Summary Attachments: ML060450457 If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at King of Prussia, Pennsylvania, this 12th day of May 2006. For the Nuclear Regulatory Commission. Marie Miller, Chief, Decommissioning Branch, Division of Nuclear Materials Safety Region I. [FR Doc. E6-7788 Filed 5-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos: STN 50-456; STN 50-457; STN 50-454; STN 50-455; 50-461; 50-10; 50-237; 50-249; 50-373; 50-374; 50-352; 50-353; 50-219; 50-171; 50-277; 50-278; 50-254; 50-265; 50-289; 50-295; 50-304] Exelon Generation Company, LLC; Amergen Energy Company, LLC; Braidwood Station, Units 1 and 2; Byron Station, Units 1 and 2; Clinton Power Station, Unit 1; Dresden Nuclear Power Station, Units 1, 2, and 3; Lasalle County Station, Units 1 and 2; Limerick Generating Station, Units 1 And 2; Oyster Creek Nuclear Generating Station; Peach Bottom Atomic Power Station, Units 1, 2 and 3; Quad Cities Nuclear Power Station, Units 1 and 2; Three Mile Island Nuclear Station, Unit 1; and Zion Nuclear Power Station, Units 1 and 2; Environmental Assessment and Finding of No Significant Impact The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of a schedular exemption from Title 10 of the Code of Federal Regulations (10 CFR) Part 50, § 50.54(a)(3), for the following facility operating licenses issued to Exelon Generation Company, LLC, and AmerGen Energy Company, LLC (the licensees) for operation of Facility Operating License Nos. NPF-72 and NPF-77 for the Braidwood Station, Units 1 and 2, located in Will County, Illinois; NPF-37 and NPF-66 for the Byron Station, Units 1 and 2, located in Ogle County, Illinois; NPF-62 for the Clinton Power Station, Unit 1, located in DeWitt County, Illinois; DPR-2, DPR-19, and DPR-25 for the Dresden Nuclear Power Station, Units 1, 2, and 3, located in Grundy County, Illinois; NPF-11 and NPF-18 for the LaSalle County Station, Units 1 and 2, located in LaSalle County, Illinois; NPF-39 and NPF-85 for Limerick Generating Station, Units 1 and 2, located in Montgomery County, Pennsylvania; DPR-16 for Oyster Creek Nuclear Generating Station, located in Ocean County, New Jersey; DPR-12, DPR-44, and DPR-56 for Peach Bottom Atomic Power Station, Units 1, 2, and 3, located in York and Lancaster Counties, Pennsylvania; DPR-29 and DPR-30 for the Quad Cities Nuclear Power Station, Units 1 and 2, located in Rock Island County, Illinois; DPR-50 for the Three Mile Island Nuclear Station, Unit 1, located in Dauphin County, Pennsylvania; and DPR-39 and DPR-48 for the Zion Nuclear Power Station, Units 1 and 2, located in Lake County, Illinois. Therefore, as required by 10 CFR 51.21, the NRC is issuing this environmental assessment and finding of no significant impact. Environmental Assessment Identification of the Proposed Action The proposed action would exempt the licensees from the requirements of 10 CFR 50.54(a)(3), pertaining to submitting periodic quality assurance topical report (QATR) changes that do not reduce commitments. The schedule for submitting QATR changes is described in 10 CFR 50.71(e)(4), which requires that changes must be filed annually or 6 months after each refueling outage provided the interval between successive updates does not exceed 24 months. The licensees are proposing that changes to the common QATR that do not reduce commitments be submitted on a 24-month calendar schedule, not to exceed 24 months from the previous submittal. The proposed schedule for submitting changes to the common QATR will not be coincident with any plant's refueling outage schedule or Updated Final Safety Analysis Report periodic updates. The proposed action is in accordance with the licensee's application dated December 14, 2005. The Need for the Proposed Action The proposed action is requested in order to eliminate a significant administrative and regulatory burden that would not serve the underlying purpose of the rule. The action relates to the periodic submittal of changes to the licensees' common QATR that do not reduce commitments, are strictly administrative changes, and which have no effect on the operation of the licensees' nuclear power facilities. Environmental Impacts of the Proposed Action The NRC has completed its evaluation of the proposed action and concludes that the proposed exemption is administrative and would not affect any plant equipment, operation, or procedures. The proposed action will not significantly increase the probability or consequences of accidents. No changes are being made in the types of effluents that may be released off site. There is no significant increase in the amount of any effluent released off site. There is no significant increase in occupational or public radiation exposure. Therefore, there are no significant radiological environmental impacts associated with the proposed action. With regard to potential non-radiological impacts, the proposed action does not have a potential to affect any historic sites. It does not affect non-radiological plant effluents and has no other environmental impact. Therefore, there are no significant non-radiological environmental impacts associated with the proposed action. Accordingly, the NRC concludes that there are no significant environmental impacts associated with the proposed action. Environmental Impacts of the Alternatives to the Proposed Action As an alternative to the proposed action, the NRC staff considered denial of the proposed action ( i.e. , the “no-action” alternative). Denial of the application would result in no change in current environmental impacts. The environmental impacts of the proposed action and the alternative action are the same. Alternative Use of Resources The proposed action does not involve the use of any different resources than those previously considered in the Final Environmental Statements related to the ownership or operation of Braidwood Station, Units 1 and 2, NUREG-1026, dated June 1984; Byron Station, Units 1 and 2, NUREG-0848, dated April 1982; Clinton Power Station, Unit 1, NUREG-0854, dated May 1982; Dresden Nuclear Power Station, Units 1, 2, and 3, dated November 1973, and for Dresden Nuclear Power Station, Units 2 and 3, NUREG-1437, Supplement 17, dated June 2004; LaSalle County Station, Units 1 and 2, NUREG-0486, dated November 1978; Limerick Generating Station, Units 1 and 2, dated November 1973; Oyster Creek Nuclear Generating Station, dated December 1974; Peach Bottom Atomic Power Station, Units 1, 2, and 3, dated April 1973, and for Peach Bottom Atomic Power Station, Units 2 and 3, NUREG-1437, Supplement 10, dated January 2003; Quad Cities Nuclear Power Station, Units 1 and 2, dated September 1972, and NUREG-1437, Supplement 16, dated June 2004; Three Mile Island, Unit 1, dated December 1972; and Zion Nuclear Power Station, Units 1 and 2, dated December 1972. Agencies and Persons Consulted Regarding the environmental impact of the proposed action, the NRC staff consulted with the following officials: Illinois State official for the facilities in Illinois, Mr. Frank Niziolek, Bureau of Nuclear Facility Safety, Illinois Emergency Management Agency, on March 28, 2006; Commonwealth of Pennsylvania officials for Limerick, Peach Bottom, and Three Mile Island Stations, Mr. David Ney, Mr. Dennis Dyckman, and Mr. Michael Murphy, Bureau of Radiation Protection, Pennsylvania Department of Environmental Protection, on March 31, April 3 and 17, 2006, respectively; and New Jersey State official for Oyster Creek Station, Mr. Richard Pinney, Bureau of Nuclear Engineering, New Jersey Department of Environmental Protection, on April 3, 2006. The State officials had no comments. Finding of No Significant Impact On the basis of the environmental assessment, the NRC concludes that the proposed action will not have a significant effect on the quality of the human environment. Accordingly, the NRC has determined not to prepare an environmental impact statement for the proposed action. For further details with respect to the proposed action, see the licensee's letter dated December 14, 2005. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible electronically from the Agencywide Documents Access and Management System (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS should contact the NRC PDR Reference staff at 1-800-397-4209 or 301-415-4737, or send an e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 15th day of May 2006. For the Nuclear Regulatory Commission. Kahtan N. Jabbour, Senior Project Manager, Plant Licensing Branch III-2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-7786 Filed 5-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-01182] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 52-01986-01, for Termination of the License and Unrestricted Release of the University of Puerto Rico's Facility in Rio Piedras, Puerto Rico AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Marjorie McLaughlin, Project Manager, Decommissioning Branch, Division of Nuclear Materials Safety, Region I, U.S. Nuclear Regulatory Commission, 475 Allendale Road, King of Prussia, Pennsylvania, 19406. Telephone: (610) 337-5240; fax number: (610) 337-5269; or by e-mail: mmm3@nrc.gov . SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of a license amendment to Byproduct Materials License No. 52-01986-01. This license is held by the University of Puerto Rico (the Licensee), for its Agricultural Experiment Station (the Facility) located at 1193 Guayacan St., Botanical Gardens, Rio Piedras, San Juan, Puerto Rico. Issuance of the amendment would authorize release of the Facility for unrestricted use and termination of the NRC license. The Licensee requested this action in a letter dated September 28, 2004. The NRC has prepared an Environmental Assessment (EA) in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), part 51 (10 CFR part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate with respect to the proposed action. The amendment will be issued to the Licensee following the publication of this FONSI and EA in the Federal Register . II. Environmental Assessment Identification of Proposed Action The proposed action would approve the Licensee's September 28, 2004, license amendment request resulting in release of the Facility for unresticted use and the termination of its NRC materials license. License No. 52-01986-01 was issued on February 13, 1957, pursuant to 10 CFR part 30, and has been amended periodically since that time. The license authorized the Licensee to use unsealed byproduct material for conducting research and development activities on laboratory bench tops and in hoods. The license also authorized the use of sealed byproduct material for sources for gas chromatograph (GC) detectors and moisture/density gauges. The Facility is situated on just under 200 acres, and consists of a botanical garden, conservatories, office space, and laboratories. The Facility is located on a university campus within a largely residential area. Within the Facility, use of licensed materials was confined to the Central Analytical Laboratory (21 feet by 13 feet (21′ x 13′)), a sample processing room (10′ x 20′), and a soil laboratory (20′ x 40′). The sealed source gauges were stored in the Old Phytotron Building (12′ x 24′) and in a storage room within the soils laboratory (10′ x 10′). In 1998, the Licensee ceased licensed activities and initiated transfer of all radioactive materials and a survey and decontamination of the Facility. Based on the Licensee's historical knowledge of the site and the conditions of the Facility, the Licensee determined that only routine decontamination activities, in accordance with their NRC-approved, operating radiation safety procedures, were required. The Licensee was not required to submit a decommissioning plan to the NRC because worker cleanup activities and procedures are consistent with those approved for routine operations. The Licensee conducted surveys of the Facility and provided information to the NRC to demonstrate that it meets the criteria in Subpart E of 10 CFR part 20 for unrestricted release and for license termination. Need for the Proposed Action The Licensee has ceased conducting licensed activities at the Facility, and seeks the unrestricted use of its Facility and the termination of its NRC materials license. Termination of its license would end the Licensee's obligation to pay annual license fees to the NRC. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that such activities involved use of the following radionuclides with half-lives greater than 120 days: Sealed tritium and nickel-63 sources for GC detectors and sealed americium-241 and cesium-137 in moisture/density gauges. The only long-lived unsealed radionuclide authorized by this license was carbon-14, which was used infrequently and in small amounts. Licensed materials were not used in outdoor areas, although the NRC staff identified one occurrence in 1964 in which plants and soil containing a small amount of carbon-14 may have been inadvertently discarded or buried at the site. The NRC staff evaluated the potential impact of this event by performing a dose assessment (described below). Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of the Facility affected by these radionuclides. The Licensee conducted a final status survey that covered the Central Analytical Laboratory, sample processing room, soil laboratory, the storage room within the soils laboratory, and the Old Phytotron Building. The final status survey report was attached to the Licensee's amendment request dated September 28, 2004. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by using the screening approach described in NUREG-1757, “Consolidated NMSS Decommissioning Guidance,” Volume 2. The Licensee used the radionuclide-specific derived concentration guideline levels (DCGLs) developed there by the NRC, which comply with the dose criterion in 10 CFR 20.1402. These DCGLs define the maximum amount of residual radioactivity on building surfaces, equipment, and materials, and in soils, that will satisfy the NRC requirements in subpart E of 10 CFR part 20 for unrestricted release. The Licensee's final status survey results were below these DCGLs and are in compliance with the As Low As Reasonably Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC concludes that the Licensee 's final status survey results are thus acceptable. Based on its review, the staff has determined that, with one exception, the affected environment and any environmental impacts associated with the proposed action are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385). The one impact not bounded by the generic evaluation is the potential discarding or burial of carbon-14 that occurred in 1964. NRC staff reviewed licensee records and conducted interviews with past and present AES staff, and determined that a small amount (0.5 microcuries) of carbon-14 incorporated in soil and plants may have been discarded inadvertently at the site. The NRC staff performed a dose assessment to evaluate the potential health and safety impact of this event. The staff determined that the highest potential dose from the material is less than 1 millirem/year (mrem/yr), and is well below the 25 mrem/yr value in 10 CFR 20.1402. No other incidents were recorded involving spills or releases of radioactive material at the Facility. Accordingly, there were no significant environmental impacts from the use of radioactive materials at the Facility. The NRC staff reviewed the docket file records and the final status survey report to identify any non-radiological hazards that may have impacted the environment surrounding the Facility. No such hazards or impacts to the environment were identified. The NRC has found no other radiological or non-radiological activities in the area that could result in cumulative impacts. The NRC staff finds that the proposed release of the Facility for unrestricted use and the termination of the NRC materials license is in compliance with 10 CFR 20.1402. Based on its review, the staff considered the impact of the residual radioactivity at the Facility and concluded that the proposed action will not have a significant effect on the quality of the human environment. 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 considered is the no-action alternative, under which the staff would leave things as they are by simply denying the amendment request. This no-action alternative is not feasible because it conflicts with 10 CFR 30.36(d), requiring that decommissioning of byproduct material facilities be completed and approved by the NRC after licensed activities cease. The NRC's analysis of the Licensee's final status survey data confirmed that the Facility meets the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, this denial of the application would result in no change in current environmental impacts. The environmental impacts of the proposed action and the no-action alternative are therefore similar, and the no-action alternative is accordingly not further considered. Agencies and Persons Consulted NRC provided drafts of its Environmental Assessment and Dose Assessment to the Department of Health of Puerto Rico for review on February 21, 2006. On March 29, 2006, the Department of Health of Puerto Rico responded by letter. The State agreed with the conclusions of the EA, and otherwise had no comments. 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 EA in support of the proposed action. On the basis of this EA, 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. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. The documents related to this action are listed below with their ADAMS accession numbers: 1. Final Status Survey Results for the Rio Piedras Research Center of the University of Puerto Rico Agricultural Experiment Station, dated September 28, 2004 [ADAMS Accession No. ML042780499]; 2. Telephone Logs Containing Additional Site History Information, dated January 28, 2005 [ADAMS Accession No. ML050330622], February 10, 2005 [ADAMS Accession No. ML050430017], April 11, 2005 [ADAMS Accession No. ML051050036], August 31, 2005 [ADAMS Accession No. ML052450026], and February 9, 2006 [ADAMS Accession No. ML060400169]; 3. Dose Assessment Evaluating Potential Burial of Carbon-14 at University of Puerto Rico Agricultural Experiment Station [ADAMS Accession No. ML061090546]; 4. Federal Register Notice, Volume 65, No. 114, page 37186, dated Tuesday, June 13, 2000, “Use of Screening Values to Demonstrate Compliance With The Federal Rule on Radiological Criteria for License Termination”; 5. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination”; 6. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions”; 7. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities”. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at King of Prussia, Pennsylvania, this 12th day of May, 2006. For the Nuclear Regulatory Commission. Marie Miller, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E6-7791 Filed 5-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-34325] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for An Amendment to a Materials Permit in Accordance With Byproduct Materials License No. 03-23853-01VA, for Unrestricted Release of a Department of Veterans Affairs's Facility In West Haven, CT AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: William Snell, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone: (630) 829-9871; fax number: (630) 515-1259; or by e-mail at wgs@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering allowing an amendment to a materials permit in accordance with NRC Byproduct Materials License No. 03-23853-01VA issued to the Department of Veterans Affairs (DVA) (the licensee), to authorize release of its Connecticut Health Care System Building 27 in West Haven, Connecticut for unrestricted use. The NRC has prepared an Environmental Assessment (EA) in support of this proposed action in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), Part 51 (10 CFR part 51). Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. The approval for the amendment to the materials permit will be issued to the DVA following the publication of this Notice. II. Environmental Assessment Identification of Proposed Action The proposed action would approve DVA's request to issue an amendment to a materials permit in accordance with NRC Byproduct Materials License No. 03-23853-01VA for the unrestricted release of Building 27 of the DVA's Connecticut Health Care System at 950 Campbell Avenue, West Haven, Connecticut. The proposed action is in accordance with the DVA's request to the U.S. Nuclear Regulatory Commission (NRC) on February 21, 2006 (ADAMS Accession No. ML060540225), to approve the release of the facility for unrestricted use, and is consistent with the current NRC policy to review all DVA permittee requests for the release of buildings for unrestricted use where radioactive materials with a half-life greater than 120 days were used. The DVA identified two isotopes of concern with half-lives greater than 120 days that it used in Research Building 27 of the West Haven, Connecticut facility: hydrogen-3 and carbon-14. The DVA was authorized by the NRC to use byproduct material for medical research at the West Haven Building 27 facility since it was renovated in 1973. Licensed materials were not used in outdoor areas. The building is 2334 square feet of space comprised of medical research laboratories, office space, break room and bathroom, located in a hospital compound area. The walls were painted cinder block and the floors were concrete covered with vinyl flooring. On January 5, 2006, the DVA ceased licensed activities and initiated facility surveys and decontamination. Based on the licensee's historical knowledge of the site and the conditions of the facility, the DVA determined that only routine decontamination activities, in accordance with their radiation safety procedures, were required. The DVA was not required to submit a decommissioning plan to the NRC. On February 21, 2006, the DVA requested that NRC approve the release of the facility for unrestricted use. The DVA conducted facility surveys and provided information to the NRC to demonstrate that the site meets the license termination criteria in Subpart E of 10 CFR Part 20 for unrestricted release. Need for the Proposed Action The licensee is requesting approval of the amendment to allow for the release of Building 27 for unrestricted use. The licensee needs this permit change because it no longer plans to conduct licensed activities in this building. NRC is fulfilling its responsibilities under the Atomic Energy Act to make a timely decision on a proposed permit amendment for release of a facility for unrestricted use that ensures protection of public health and safety and the environment. Environmental Impacts of the Proposed Action The NRC staff has reviewed the information provided and surveys performed by the DVA to demonstrate compliance with the 10 CFR 20.1402, “Radiological Criteria for Unrestricted Use” license termination criteria. Based on its review, the staff has determined that the affected environment and environmental impacts associated with the release for unrestricted use of the DVA facilities are bounded by the impacts evaluated by the “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” (NUREG-1496). The staff also finds that the proposed release for unrestricted use of the DVA facilities is in compliance with 10 CFR 20.1402. The NRC has found no other activities in the area that could result in cumulative impacts. Based on its review, the staff considered the impact of the residual radioactivity at the facility and concluded that the proposed action will not have a significant effect on the quality of the human environment. Environmental Impacts of the Alternatives to the Proposed Action Since the facility at the DVA site has already been surveyed and found acceptable for release for unrestricted use, the only alternative to the proposed action of approving the permit amendment and release of the West Haven facility for unrestricted use is denial of the proposed action (i.e. no action). Denial of the application would result in no change in current environmental impacts. The environmental impacts of the proposed action and the alternative action are similar, and the no-action alternative is accordingly not further considered. 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. Likewise, the NRC staff have 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. NRC provided a draft of its Environmental Assessment to the Connecticut Department of Environmental Protection, Division of Radiation, for review on April 18, 2006. The State had no comments regarding the EA. Conclusion The NRC staff has concluded that the proposed action is consistent with the NRC's unrestricted release criteria specified in 10 CFR 20.1402. Because the proposed action will not significantly impact the quality of the human environment, the NRC staff concludes that the proposed action is the preferred alternative. III. Finding of No Significant Impact The staff has prepared the EA in support of the proposed amendment to the materials permit for the unrestricted release of the facility. The staff has found that the radiological environmental impacts from the proposed action are bounded by the impacts evaluated by NUREG-1496, Volumes 1-3, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Facilities” (ML042310492, ML042320379, and ML042330385). Additionally, no non-radiological or cumulative impacts were identified. On the basis of the EA, the NRC has concluded that there are no significant environmental impacts from the proposed action, and has determined not to prepare an environmental impact statement. List of Preparers William Snell, Senior Health Physicist, Division of Nuclear Materials Safety, Region III Sources Used 1. NRC Byproduct Materials License Nos. 03-23853-01VA, 06-00092-05, and 06-11222-01, inspection and licensing records. 2. Historical Site Assessment and Final Status Survey Results for Building 27 of the DVA Connecticut Health Care System, provided under cover letter dated February 21, 2006. 3. Federal Register Notice, Volume 65, No. 114, page 37186, dated Tuesday, June 13, 2000, “Use of Screening Values to Demonstrate Compliance With The Federal Rule on Radiological Criteria for License Termination.” 4. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination.” 5. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions.” 6. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities.” IV. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or by email to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. The ADAMS accession numbers for the documents related to this Notice are: 1. E. Lynn McGuire, Department of Veterans Affairs, letter to U.S. Nuclear Regulatory Commission, February 21, 2006 (ADAMS Accession No. ML060540225). Dated at Lisle, Illinois, this 10th day of May 2006. For the Nuclear Regulatory Commission. Jamnes L. Cameron, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E6-7774 Filed 5-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Request To Amend a License To Import Radioactive Waste Pursuant to 10 CFR 110.70(C) “Public notice of receipt of an application,” please take notice that the Nuclear Regulatory Commission has received the following request to amend an import license. Copies of the request are available electronically through ADAMS and can be accessed through the Public Electronic Reading Room (PERR) link http://www.nrc.gov/NRC/ADAMS/index.html at the NRC Home page. A request for a hearing or petition for leave to intervene may be filed within 30 days after publication of this notice in the Federal Register . Any request for hearing or petition for leave to intervene shall be served by the requestor or petitioner upon the applicant, the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington DC 20555; the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555; and the Executive Secretary, U.S. Department of State, Washington, DC 20520. The information concerning this amendment request follows. NRC Import License Amendment Application Name of applicant date of application Date received application number docket number Description of material Material type Total qty End use Country of origin Perma-Fix/DSSI, Inc. February 23, 2006 Class A radioactive mixed waste in various forms including solids, semi-solids, and liquids 378,000 kg mixed waste containing 1,200 curies tritium, carbon-14, mixed fission product radionuclides and other contaminants Amend to: (1) Increase the quantity (total activity level) of radioactive contaminants authorized for import by 800 curies or from 1,200 to 2,000 curies; and (2) extend expiration date to 3/31/2008 Canada February 28, 2006 IW012/02 11005322 Dated this 10th day of May 2006 at Rockville, Maryland. For The Nuclear Regulatory Commission. Margaret M. Doane, Deputy Director, Office of International Programs. [FR Doc. E6-7787 Filed 5-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards; Subcommittee Meeting on Thermal-Hydraulic Phenomena; Notice of Meeting The ACRS Subcommittee on Thermal-Hydraulic Phenomena will hold a meeting on June 13 and 14, 2006, 11555 Rockville Pike, Rockville, Maryland, Room O-1G16. The entire meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Tuesday, June 13, 2006—8:30 a.m. until the conclusion of business. Wednesday, June 14, 2006—8:30 a.m. until the conclusion of business. The Subcommittee will discuss and review reports concerning industry responses related to the resolution of Generic Safety Issue 191 (GSI-191), PWR Sump Performance, and concerning various research activities supporting the resolution of GSI-191, including chemical effects testing. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, their contractors and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official, Mr. Ralph Caruso (Telephone: 301-415-8065) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Further information regarding this meeting can be obtained by contacting the Designated Federal Official between 7:30 a.m. and 4:15 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. Dated: May 16, 2006. Michael R. Snodderly, Acting Branch Chief, ACRS/ACNW. [FR Doc. E6-7793 Filed 5-19-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket Nos: (Redacted), License Nos: (Redacted), EA-05-090] In the Matter of All Licensees Authorized To Possess Radioactive Material Quantities of Concern, Order Imposing Increased Controls (Effective Immediately). The Licensees identified in Attachment A 1 to this Order hold licenses issued in accordance with the Atomic Energy Act of 1954 by the U.S. Nuclear Regulatory Commission (NRC or Commission) and authorizing them to possess certain quantities of radioactive material of concern. Commission regulations at 10 CFR 20.1801 require Licensees to secure, from unauthorized removal or access, licensed materials that are stored in controlled or unrestricted areas. Commission regulations at 10 CFR 20.1802 require Licensees to control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage. 1 Attachment A contains sensitive information and will not be released to the public. Prior to the terrorist attacks of September 11, 2001 (9/11), several national and international efforts were underway to address the potentially significant health and safety hazards posed by uncontrolled sources. These efforts recognized the need for increased control of high-risk radioactive materials to prevent inadvertent and intentional unauthorized access, primarily due to the potential health and safety hazards posed by the uncontrolled material. Following 9/11, it was recognized that these efforts should also include a heightened awareness and focus on the need to prevent intentional unauthorized access due to potential malicious acts. These efforts, such as the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security of Radioactive Sources (Code of Conduct) concerning Category 1 and 2 sources, seek to increase the control over sources to prevent unintended radiation exposure and to prevent malicious acts. A licensee's loss of control of high-risk radioactive sources, whether it be inadvertent or through a deliberate act, has a potential to result in significant adverse health impacts and could reasonably constitute a threat to the public health and safety. In this regard, the Commission has determined that certain additional controls are required to be implemented by Licensees to supplement existing regulatory requirements in 10 CFR 20.1801 and 10 CFR 20.1802, in order to ensure adequate protection of, and minimize danger to, the public health and safety. Therefore, the Commission is imposing the requirements set forth in Attachment B on radioactive materials licensees who possess, or have near term plans to possess, radionuclides of concern at or above threshold limits, identified in Table 1. These requirements, which supplement existing regulatory requirements, will provide the Commission with reasonable assurance that the public health and safety continues to be adequately protected. These requirements will remain in effect until the Commission modifies its regulations to reflect increased controls. To effect nationwide implementation, these measures have been determined by the Commission to be an immediate mandatory Category “B” matter of compatibility for Agreement States. In parallel with the Commission's issuance of this Order, each Agreement State is required to issue legally binding requirements to put essentially identical measures in place for licensees under their regulatory jurisdiction. The Commission recognizes that Licensees may have already initiated many controls set forth in Attachment B to this Order in response to previously issued advisories or on their own. It is also recognized that some controls may not be possible or necessary at some sites, or may need to be tailored to accommodate the Licensees' specific circumstances to achieve the intended objectives and avoid any unforeseen adverse effect on the safe use and storage of the sealed sources. Although the additional controls implemented by the Licensees in response to the Safeguards and Threat Advisories have been adequate to provide reasonable assurance of adequate protection of public health and safety, the Commission concludes that additional controls must be imposed by an Order, consistent with the established regulatory framework. To provide assurance that the Licensees are implementing prudent measures to achieve a consistent level of control, all Licensees who hold licenses issued by the NRC authorizing possession of radioactive material quantities of concern and as listed in Table 1, “Radionuclides of Concern,” (Attachment B, Table 1), shall implement the requirements identified in Attachment B to this Order. In addition, pursuant to 10 CFR 2.202, because of the potentially significant adverse health impacts associated with failure to control high risk radioactive sources, I find that the public health, safety, and interest require that this Order be effective immediately. Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.202, 10 CFR part 30, and 10 CFR part 33, it is hereby ordered, effective immediately, that all licensees identified in Attachment A to this Order shall comply with the requirements of this Order as Follows: A. The Licensee shall comply with the requirements described in Attachment B to this Order. The Licensee shall complete implementation by June 2, 2006, or the first day that radionuclides of concern at or above threshold limits, identified in Table 1, are possessed, whichever occurs later. B. 1. The Licensee shall in writing, within twenty five (25) days of the date of this Order, notify the Commission, (1) if it is unable to comply with any of the requirements described in Attachment B, (2) if compliance with any of the requirements is unnecessary in its specific circumstances, or (3) if implementation of any of the requirements would cause the Licensee to be in violation of the provisions of any Commission regulation or its license. The notification shall provide the Licensee's justification for seeking relief from or variation of any specific requirement. B. 2. If the Licensee considers that implementation of any of the requirements described in Attachment B to this Order would adversely impact safe operation of the facility, the Licensee must notify the Commission, in writing, within twenty five (25) days of this Order, of the adverse safety impact, the basis for its determination that the requirement has an adverse safety impact, and either a proposal for achieving the same objectives specified in the Attachment B requirement in question, or a schedule for modifying the facility to address the adverse safety condition. If neither approach is appropriate, the Licensee must supplement its response to Condition B.1 of this Order to identify the condition as a requirement with which it cannot comply, with attendant justifications as required in Condition B.1. C. 1. The Licensee shall, within twenty five (25) days of the date of this Order, submit to the Commission a schedule for completion of each requirement described in Attachment B. C. 2. The Licensee shall report to the Commission when they have achieved full compliance with the requirements described in Attachment B. D. Notwithstanding any provisions of the Commission's regulations to the contrary, all measures implemented or actions taken in response to this Order shall be maintained until the Commission modifies its regulations to reflect increased controls. Licensee responses to Conditions B.1, B.2, C.1, and C.2 above shall be submitted to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. In addition, Licensee's responses shall be marked as “Withhold From Public disclosure Under 10 CFR 2.390.” The Director, Office of Nuclear Material Safety and Safeguards, may, in writing, relax or rescind any of the above conditions upon demonstration by the Licensee of good cause. In accordance with 10 CFR 2.202, the Licensee must, and any other person adversely affected by this Order may, submit an answer to this Order, and may request a hearing on this Order, within twenty five (25) days of the date of this Order. Where good cause is shown, consideration will be given to extending the time to request a hearing. A request for extension of time in which to submit an answer or request a hearing must be made in writing to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a statement of good cause for the extension. The answer may consent to this Order. Unless the answer consents to this Order, the answer shall, in writing and under oath or affirmation, specifically set forth the matters of fact and law on which the Licensee or other person adversely affected relies and the reasons as to why the Order should not have been issued. Any answer or request for a hearing shall be submitted to the Secretary, Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 20555. Copies also shall be sent to the Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, to the Assistant General Counsel for Materials Litigation and Enforcement at the same address, and to the Licensee if the answer or hearing request is by a person other than the Licensee. Because of possible disruptions in delivery of mail to United States Government offices, it is requested that answers and requests for hearing be transmitted to the Secretary of the Commission either by means of facsimile transmission to 301-415-1101 or by e-mail to hearingdocket@nrc.gov and also to the Office of the General Counsel either by means of facsimile transmission to 301-415-3725 or by e-mail to OGCMailCenter@nrc.gov . If a person other than the Licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d) and (f). If a hearing is requested by the Licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearing. If a hearing is held, the issue to be considered at such hearing shall be whether this Order should be sustained. Pursuant to 10 CFR 2.202(c)(2)(I), the Licensee may, in addition to demanding a hearing, at the time the answer is filed or sooner, move the presiding officer to set aside the immediate effectiveness of the Order on the ground that the Order, including the need for immediate effectiveness, is not based on adequate evidence but on mere suspicion, unfounded allegations, or error. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section III above shall be final twenty five (25) days from the date of this Order without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section III shall be final when the extension expires if a hearing request has not been received. An answer or a request for hearing shall not stay the immediate effectiveness of this Order. Although this Order is not subject to the requirements of the Paperwork Reduction Act, there is nonetheless a clearance from the Office of Management and Budget, OMB approval number 3150-0002, that covers the information collections contained in the Order. Dated this 9th day of May 2006. For the Nuclear Regulatory Commission. Jack R. Strosnider, Director, Office of Nuclear Material Safety and Safeguards. Attachment A—Redacted Attachment B—Increased Controls for Licensees That Possess Sources Containing Radioactive Material Quantities of Concern The purpose of the increased controls (IC) for radioactive sources is to enhance control of radioactive material in quantities greater than or equal to values described in Table 1, to reduce the risk of unauthorized use of radioactive materials, through access controls to aid prevention, and prompt detection, assessment, and response to mitigate potentially high consequences that would be detrimental to public health and safety. These increased controls for radioactive sources are established to delineate licensee responsibility to maintain control of licensed material and secure it from unauthorized removal or access. The following increased controls apply to licensees which, at any given time, possess radioactive sources greater than or equal to the quantities of concern of radioactive material defined in Table 1. IC 1. In order to ensure the safe handling, use, and control of licensed material in use and in storage each licensee shall control access at all times to radioactive material quantities of concern and devices containing such radioactive material (devices), and limit access to such radioactive material and devices to only approved individuals who require access to perform their duties. a. The licensee shall allow only trustworthy and reliable individuals, approved in writing by the licensee, to have unescorted access to radioactive material quantities of concern and devices. The licensee shall approve for unescorted access only those individuals with job duties that require access to such radioactive material and devices. Personnel who require access to such radioactive material and devices to perform a job duty, but who are not approved by the licensee for unescorted access, must be escorted by an approved individual. b. For individuals employed by the licensee for 3 years or less, and for non-licensee personnel, such as physicians, physicists, house-keeping personnel, and security personnel under contract, trustworthiness and reliability shall be determined, at a minimum, by verifying employment history, education, and personal references. The licensee shall also, to the extent possible, obtain independent information to corroborate that provided by the employee ( i.e. , seeking references not supplied by the individual). For individuals employed by the licensee for longer than 3 years, trustworthiness and reliability shall be determined, at a minimum, by a review of the employees' employment history with the licensee. c. Service providers shall be escorted unless determined to be trustworthy and reliable by an NRC-required background investigation as an employee of a manufacturing and distribution (M&D) licensee. Written verification attesting to or certifying the person's trustworthiness and reliability shall be obtained from the manufacturing and distribution licensee providing the service. d. The licensee shall document the basis for concluding that there is reasonable assurance that an individual granted unescorted access is trustworthy and reliable, and does not constitute an unreasonable risk for unauthorized use of radioactive material quantities of concern. The licensee shall maintain a list of persons approved for unescorted access to such radioactive material and devices by the licensee. IC 2. In order to ensure the safe handling, use, and control of licensed material in use and in storage, each licensee shall have a documented program to monitor and immediately detect, assess, and respond to unauthorized access to radioactive material quantities of concern and devices. Enhanced monitoring shall be provided during periods of source delivery or shipment, where the delivery or shipment exceeds 100 times the Table 1 values. a. The licensee shall respond immediately to any actual or attempted theft, sabotage, or diversion of such radioactive material or of the devices. The response shall include requesting assistance from a Local Law Enforcement Agency (LLEA). b. The licensee shall have a pre-arranged plan with LLEA for assistance in response to an actual or attempted theft, sabotage, or diversion of such radioactive material or of the devices which is consistent in scope and timing with a realistic potential vulnerability of the sources containing such radioactive material. The pre-arranged plan shall be updated when changes to the facility design or operation affect the potential vulnerability of the sources. Pre-arranged LLEA coordination is not required for temporary job sites. c. The licensee shall have a dependable means to transmit information between, and among, the various components used to detect and identify an unauthorized intrusion, to inform the assessor, and to summon the appropriate responder. d. After initiating appropriate response to any actual or attempted theft, sabotage, or diversion of radioactive material or of the devices, the licensee shall, as promptly as possible, notify NRC Operations Center at (301) 816-5100. e. The licensee shall maintain documentation describing each instance of unauthorized access and any necessary corrective actions to prevent future instances of unauthorized access. IC 3. a. In order to ensure the safe handling, use, and control of licensed material in transportation for domestic highway and rail shipments by a carrier other than the licensee, for quantities that equal or exceed those in Table 1 but are less than 100 times Table 1 quantities, per consignment, the licensee shall: 1. Use carriers which: A. Use package tracking systems, B. Implement methods to assure trustworthiness and reliability of drivers, C. Maintain constant control and/or surveillance during transit, and D. Have the capability for immediate communication to summon appropriate response or assistance. The licensee shall verify and document that the carrier employs the measures listed above. 2. Contact the recipient to coordinate the expected arrival time of the shipment; 3. Confirm receipt of the shipment; and 4. Initiate an investigation to determine the location of the licensed material if the shipment does not arrive on or about the expected arrival time. When, through the course of the investigation, it is determined the shipment has become lost, stolen, or missing, the licensee shall immediately notify the NRC Operations Center at (301) 816-5100. If, after 24 hours of investigating, the location of the material still cannot be determined, the radioactive material shall be deemed missing and the licensee shall immediately notify the NRC Operations Center at (301) 816-5100. b. For domestic highway and rail shipments, prior to shipping licensed radioactive material that exceeds 100 times the quantities in Table 1 per consignment, the licensee shall: 1. Notify the NRC 1 , in writing, at least 90 days prior to the anticipated date of shipment. The NRC will issue the Order to implement the Additional Security Measures (ASMs) for the transportation of Radioactive Material Quantities of Concern (RAM QC). The licensee shall not ship this material until the ASMs for the transportation of RAM QC are implemented or the licensee is notified otherwise, in writing, by NRC. 1 Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555. 2. Once the licensee has implemented the ASMs for the transportation of RAM QC, the notification requirements of 3.b.1 shall not apply to future shipments of licensed radioactive material that exceeds 100 times the Table 1 quantities. The licensee shall implement the ASMs for the transportation of RAM QC. c. If a licensee employs an M&D licensee to take possession at the licensee's location of the licensed radioactive material and ship it under its M&D license, the requirements of 3.a. and 3.b above shall not apply. d. If the licensee is to receive radioactive material greater than or equal to the Table 1 quantities, per consignment, the licensee shall coordinate with the originator to: 1. Establish an expected time of delivery; and 2. Confirm receipt of transferred radioactive material. If the material is not received at the expected time of delivery, notify the originator and assist in any investigation. IC 4. In order to ensure the safe handling, use, and control of licensed material in use and in storage each licensee that possesses mobile or portable devices containing radioactive material in quantities greater than or equal to Table 1 values, shall: a. For portable devices, have two independent physical controls that form tangible barriers to secure the material from unauthorized removal when the device is not under direct control and constant surveillance by the licensee. b. For mobile devices: 1. that are only moved outside of the facility (e.g., on a trailer), have two independent physical controls that form tangible barriers to secure the material from unauthorized removal when the device is not under direct control and constant surveillance by the licensee. 2. that are only moved inside a facility, have a physical control that forms a tangible barrier to secure the material from unauthorized movement or removal when the device is not under direct control and constant surveillance by the licensee. c. For devices in or on a vehicle or trailer, licensees shall also utilize a method to disable the vehicle or trailer when not under direct control and constant surveillance by the licensee IC 5.The licensee shall retain documentation required by these increased controls for 3 years after they are no longer effective: a. The licensee shall retain documentation regarding the trustworthiness and reliability of individual employees for 3 years after the individual's employment ends. b. Each time the licensee revises the list of approved persons required by 1.d., or the documented program required by 2, the licensee shall retain the previous documentation for 3 years after the revision. c. The licensee shall retain documentation on each radioactive material carrier for 3 years after the licensee discontinues use of that particular carrier. d. The licensee shall retain documentation on shipment coordination, notifications, and investigations for 3 years after the shipment or investigation is completed. e. After the license is terminated or amended to reduce possession limits below the quantities of concern, the licensee shall retain all documentation required by these increased controls for 3 years. IC 6.Detailed information generated by the licensee that describes the physical protection of radioactive material quantities of concern, is sensitive information and shall be protected from unauthorized disclosure. a. The licensee shall control access to its physical protection information to those persons who have an established need to know the information, and are considered to be trustworthy and reliable. b. The licensee shall develop, maintain and implement policies and procedures for controlling access to, and for proper handling and protection against unauthorized disclosure of, its physical protection information for radioactive material covered by these requirements. The policies and procedures shall include the following: 1. General performance requirement that each person who produces, receives, or acquires the licensee's sensitive information, protect the information from unauthorized disclosure, 2. Protection of sensitive information during use, storage, and transit, 3. Preparation, identification or marking, and transmission, 4. Access controls, 5. Destruction of documents, 6. Use of automatic data processing systems, and 7. Removal from the licensee's sensitive information category. Table 1.—Radionuclides of Concern Radionuclide Quantity of concern 1 (TBq) Quantity of concern 2 (Ci ) Am-241 0.6 16 Am-241/Be 0.6 16 Cf-252 0.2 5.4 Cm-244 0.5 14 Co-60 0.3 8.1 Cs-137 1 27 Gd-153 10 270 Ir-192 0.8 22 Pm-147 400 11,000 Pu-238 0.6 16 Pu-239/Be 0.6 16 Se-75 2 54 Sr-90 (Y-90) 10 270 Tm-170 200 5,400 Yb-169 3 81 Combinations of radioactive materials listed above 3 See Footnote Below 4 1 The aggregate activity of multiple, collocated sources of the same radionuclide should be included when the total activity equals or exceeds the quantity of concern. 2 The primary values used for compliance with this Order are TBq. The curie (Ci) values are rounded to two significant figures for informational purposes only. 3 Radioactive materials are to be considered aggregated or collocated if breaching a common physical security barrier (e.g., a locked door at the entrance to a storage room) would allow access to the radioactive material or devices containing the radioactive material. 4 If several radionuclides are aggregated, the sum of the ratios of the activity of each source, I of radionuclide, n, A ^(i,n) , to the quantity of concern for radionuclide n, Q ⁽ⁿ⁾ , listed for that radionuclide equals or exceeds one. [(aggregated source activity for radionuclide A) (quantity of concern for radionuclide A)] + [(aggregated source activity for radionuclide B) (quantity of concern for radionuclide B)] + etc........ >1. Use the following method to determine which sources of radioactive material require increased controls (ICs): • Include any single source equal to or greater than the quantity of concern in Table 1 • Include multiple collocated sources of the same radionuclide when the combined quantity equals or exceeds the quantity of concern • For combinations of radionuclides, include multiple collocated sources of different radionuclides when the aggregate quantities satisfy the following unity rule: [(amount of radionuclide A)÷ (quantity of concern of radionuclide A)] + [(amount of radionuclide B)÷ (quantity of concern of radionuclide B)] + etc..... ≥1. Guidance for Aggregation of Sources NRC supports the use of the IAEA's source categorization methodology as defined in TECDOC-1344, “Categorization of Radioactive Sources,” (July 2003) (see http://www-pub.iaea.org/MTCD/publications/PDF/te_1344_web.pdf ) and as endorsed by the agency's Code of Conduct for the Safety and Security of Radioactive Sources, January 2004 (see http://www-pub.iaea.org/MTCD/publications/PDF/Code-2004_web.pdf ). The Code defines a three-tiered source categorization scheme. Category 1 corresponds to the largest source strength (equal to or greater than 100 times the quantity of concern values listed in Table 1.) and Category 3, the smallest (equal or exceeding one-tenth the quantity of concern values listed in Table 1.). Increased controls apply to sources that are equal to or greater than the quantity of concern values listed in Table 1, plus aggregations of smaller sources that are equal to or greater than the quantities in Table 1. Aggregation only applies to sources that are collocated. Licensees who possess individual sources in total quantities that equal or exceed the Table 1 quantities are required to implement increased controls. Where there are many small (less than the quantity of concern values) collocated sources whose total aggregate activity equals or exceeds the Table 1 values, licensees are to implement increased controls. Some source handling or storage activities may cover several buildings, or several locations within specific buildings. The question then becomes: When are sources considered collocated for purposes of aggregation? For purposes of the additional controls, sources are considered collocated if breaching a single barrier (e.g., a locked door at the entrance to a storage room) would allow access to the sources. Sources behind an outer barrier should be aggregated separately from those behind an inner barrier (e.g., a locked source safe inside the locked storage room). However, if both barriers are simultaneously open, then all sources within these two barriers are considered to be collocated. This logic should be continued for other barriers within or behind the inner barrier. The following example illustrates the point: A lockable room has sources stored in it. Inside the lockable room, there are two shielded safes with additional sources in them. Inventories are as follows: The room has the following sources outside the safes: Cf-252, 0.12 TBq (3.2 Ci); Co-60, 0.18 TBq (4.9 Ci), and Pu-238, 0.3 TBq (8.1 Ci). Application of the unity rule yields: (0.12 ÷ 0.2) + (0.18 ÷ 0.3) + (0.3 0.6) = 0.6 + 0.6 + 0.5 = 1.7. Therefore, the sources would require increased controls. Shielded safe #1 has a 1.9 TBq (51 Ci) Cs-137 source and a 0.8 TBq (22 Ci) Am-241 source. In this case, the sources would require increased controls, regardless of location, because they each exceed the quantities in Table 1. Shielded safe #2 has two Ir-192 sources, each having an activity of 0.3 TBq (8.1 Ci). In this case, the sources would not require increased controls while locked in the safe. The combined activity does not exceed the threshold quantity 0.8 TBq (22 Ci). Because certain barriers may cease to exist during source handling operations ( e.g. , a storage location may be unlocked during periods of active source usage), licensees should, to the extent practicable, consider two modes of source usage—“operations” (active source usage) and “shutdown” (source storage mode). Whichever mode results in the greatest inventory (considering barrier status) would require increased controls for each location. [FR Doc. 06-4750 Filed 5-19-06; 8:45 am]