Notices. Notice of meeting

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BILLING CODE 6820-31-M NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice (06-057)] NASA Advisory Council; Science Committee; Earth Science Subcommittee; Meeting AGENCY: National Aeronautics and Space Administration. ACTION: Notice of meeting. SUMMARY: The National Aeronautics and Space Administration

(NASA)announces a meeting of the Earth Science Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning. DATES: Wednesday, September 27, 2006, 8:30 a.m. to 5:30 p.m., and Thursday, September 28, 8:30 a.m. to 5:30 p.m. Eastern Daylight Time. ADDRESSES: Inn and Conference Center, University of Maryland, 3501 University Boulevard East, Adelphi, Maryland 20783. FOR FURTHER INFORMATION CONTACT: Ms. Marian Norris, Science Mission Directorate, NASA Headquarters, Washington, DC 20546,

(202)358-4452, fax

(NASA)announces a meeting of the Heliophysics Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning. DATES: Wednesday, September 13, 2006, 8:30 a.m. to 5:30 p.m., Thursday, September 14, 8:30 a.m. to 5:30 p.m., and Friday, September 15, 2006, 8:30 a.m. to noon, Eastern Daylight Time. ADDRESSES: L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Ms. Marian Norris, Science Mission Directorate, NASA Headquarters, Washington, DC 20546,

(202)358-4452, fax

(NASA)announces a meeting of the Planetary Science Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning. DATES: Monday, September 25, 8:30 a.m. to 5:30 p.m., and Tuesday, September 26, 2006, 8:30 a.m. to 12:30 p.m., Eastern Daylight Time. ADDRESSES: Southwest Research Institute, Department of Space Studies, Suite 400, Main Conference Room, Exeter Building, 1050 Walnut Street, Boulder, CO 80302. FOR FURTHER INFORMATION CONTACT: Ms. Marian Norris, Science Mission Directorate, NASA Headquarters, Washington, DC 20546,

(202)358-4452, fax

(202)358-4118, or *mnorris@nasa.gov.* SUPPLEMENTARY INFORMATION: The agenda for the meeting includes the following topics: —Input to NASA Science Plan —Response and Comments on ESMD Lunar Science Themes and Objectives —Planning for Spring 2007 Lunar Science Workshop —Planetary Science Division Overview and Program Status The meeting will be open to the public up to the seating capacity of the rooms. Sixty minutes will be set aside for verbal comment by members of the general public, not to exceed three minutes per speaker, at 8:30 a.m. on September 26, 2006. Those wishing to speak must sign up at the meeting registration desk by 5 p.m. on September 25, 2006. Members of the public are also welcome to file a written statement at the time of the meeting. Statements may also be submitted in advance of the meeting via e-mail or fax to Ms. Norris. Statements collected in advance will be forwarded to the Subcommittee. To facilitate consideration of the comments provided, statements should be kept to two pages. Findings and recommendations developed by the Subcommittee during its meeting will be submitted to the Science Committee of the NAC. It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants. Attendees will be requested to sign a visitor's register. Michael F. O'Brien, Assistant Administrator, Office of External Relations, National Aeronautics and Space Administration. [FR Doc. E6-13793 Filed 8-21-06; 8:45 am] BILLING CODE 7510-13-P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice 06-056] NASA Advisory Council; Science Committee; Astrophysics Subcommittee; Meeting AGENCY: National Aeronautics and Space Administration. ACTION: Notice of meeting. SUMMARY: The National Aeronautics and Space Administration

(NASA)announces a meeting of the Astrophysics Subcommittee of the NASA Advisory Council (NAC). This Subcommittee reports to the Science Committee of the NAC. The Meeting will be held for the purpose of soliciting from the scientific community and other persons scientific and technical information relevant to program planning. DATES: Thursday, September 14, 8:30 a.m. to 5:30 p.m., and Friday, September 15, 2006, 8:30 a.m. to 5:30 p.m., Eastern Daylight Time. ADDRESSES: L'Enfant Plaza Hotel, 480 L'Enfant Plaza, SW., Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Ms. Marian Norris, Science Mission Directorate, NASA Headquarters, Washington, DC 20546,

(202)358-4452, fax

(202)358-4118, or *mnorris@nasa.gov.* SUPPLEMENTARY INFORMATION: The agenda for the meeting includes the following topics: —Input to NASA Science Plan. —Response and Comments on ESMD Lunar Science Themes and Objectives. —Planning for Spring 2007 Lunar Science Workshop. —Astrophysics Division Overview and Program Status. The meeting will be open to the public up to the seating capacity of the rooms. Thirty minutes will be set aside for verbal comment by members of the general public, not to exceed three minutes per speaker, at 8:30 a.m. on September 15, 2006. Those wishing to speak must sign up at the meeting registration desk by 5 p.m. on September 14, 2006. Members of the public are also welcome to file a written statement at the time of the meeting. Statements may also be submitted in advance of the meeting via E-mail or fax to Ms. Norris. Statements collected in advance will be forwarded to the Subcommittee. To facilitate consideration of the comments provided, statements should be kept to two pages. Findings and recommendations developed by the Subcommittee during its meeting will be submitted to the Science Committee of the NAC. It is imperative that the meeting be held on these dates to accommodate the scheduling priorities of the key participants. Attendees will be requested to sign a visitor's register. Michael F. O'Brien, Assistant Administrator, Office of External Relations, National Aeronautics and Space Administration. [FR Doc. E6-13804 Filed 8-21-06; 8:45 am] BILLING CODE 7510-13-P NUCLEAR REGULATORY COMMISSION [Docket No. 50-483] Union Electric Company; Notice of Withdrawal of Application for Amendment to Facility Operating License The U.S. Nuclear Regulatory Commission (the Commission/NRC) has granted the request of Union Electric Company (the licensee) to withdraw its application dated July 19, 2006, for the proposed exigent amendment to Facility Operating License No. NPF-30 for the Callaway Plant, Unit 1,located in Callaway County, Missouri. By letter dated July 19, 2006, Union Electric Company (the licensee) submitted an exigent license amendment request to remove the containment condensate monitoring system and atmosphere gaseous radioactivity monitor from Technical Specification

(TS)3.4.15, “RCS [reactor coolant system] Leakage Detection Instrumentation.” The licensee stated that it was uncertain that the containment cooler condensate system could detect an RCS leak rate of 1 gallon per minute in 1 hour, which is the requirement for the instrumentation listed in TS 3.4.15 to be considered operable, and the condensate monitoring system was declared inoperable on July 10, 2006. With the containment atmosphere gaseous radioactivity monitor already declared inoperable and the condensate monitoring system now being inoperable, TS 3.4.15 required the licensee to shut down the Callaway Plant within 30 days of July 10, 2006, if the condensate monitoring could not be made operable. The exigent amendment request was to prevent a plant shutdown. The licensee also stated that the previous application dated August 26, 2005, as supplemented by letters dated December 16, 2005, and June 29, 2006, to revise TS 3.4.15 were superceded by the letter dated July 19, 2006. The Commission had previously issued a Notice of Consideration of Issuance of Amendment published in the **Federal Register** on July 25, 2006 (71 FR 42134). However, by letter dated August 7, 2006, the licensee withdrew its exigent license amendment request dated July 19, 2006, and re-instated the previous application dated August 26, 2005, and the supplemental letters. The licensee declared the containment condensate monitoring system operable on August 3, 2006, and TS 3.4.15 no longer required a plant shutdown. For further details with respect to this action, see the application for amendment dated July 19, 2006, and the licensee's letter dated August 7, 2006, which withdrew the application for license amendment. Documents may be examined, and/or copied for a fee, at the NRC's Public Document Room, 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 Systems (ADAMS) Public Electronic Reading Room on the internet at the NRC Web site, *http://www.nrc.gov/NRC/ADAMS/index/html.* 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.* Dated at Rockville, Maryland, this 15th day of August 2006. For the Nuclear Regulatory Commission. Jack N. Donohew, Senior Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E6-13836 Filed 8-21-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 04000341] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. Stc-133 Authorizing the Use of Site-Specific Derived Concentration Guideline Levels for Unrestricted Release of the Defense Logistics Agency, Defense Nuclear Supply Center Depot in Binghamton, NY AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Dennis Lawyer, Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 1, 475 Allendale Road, King of Prussia, Pennsylvania; telephone 610-337-5366; fax number 610-337-5393; or by e-mail: *drl1@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission

(NRC)is considering the issuance of a license amendment to Source Materials License No. STC-133. This license is held by Defense Logistics Agency (DLA or the Licensee) at multiple sites. The site at issue is its Defense National Stockpile Center located at Hoyt Avenue in Binghamton, New York (the Facility). Issuance of the amendment would authorize release of the Facility for unrestricted use using site specific Derived Concentration Guideline Levels (DCGLs). The use of the site specific DCGLs requires an exemption to the definition of weighting factors in 10 CFR 20.1003. The Licensee requested this action in a letter dated October 19, 2005. 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 October 19, 2005, license amendment request for site-specific DCGL unrestricted use release criteria at DNSC Binghamton through issuance of an exemption to the definition of weighting factors in 10 CFR 20.1003. License No. STC-133 was issued on July 23, 1983, pursuant to 10 CFR Part 40, and has been amended periodically since that time. This license authorized the Licensee to use unsealed source material for purposes of storage, sampling, repackaging, and transfer. 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 its 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 will conduct surveys of the Facility and provide information to the NRC to demonstrate that the Facility meets the criteria in Subpart E of 10 CFR Part 20 for unrestricted release by using the approved DCGL. Need for the Proposed Action The Licensee has ceased conducting licensed activities at the Facility, and seeks the approval of site-specific DCGLs through issuance of an exemption to the definition of weighting factors in 10 CFR 20.1003. The licensee needs these site specific DCGL values to release the Facility for unrestricted use. NRC is fulfilling its responsibilities under the Atomic Energy Act to make a timely decision on a proposed license amendment that ensures protection of public health and safety and the environment. 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: Natural uranium and thorium mixtures. The Licensee is electing to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by developing DCGLs for its Facility. The Licensee conducted site-specific dose modeling using input parameters specific to the Facility and a conservative assumption that all residual radioactivity is in equilibrium. Federal Guidance Report Number 13 was used to modify the dose conversion factors because it is based on an improved, more realistic dosimetry model. The selected critical age group is adults as the expected future use of this facility will be industrial. Based on the type of building railroad distribution and truck access, there is no compelling evidence to indicate that the building will be used for other than industrial activities. The NRC has reviewed the Licensee's methodology and proposed DCGLs and concluded that the proposed DCGLs are acceptable for use as release criteria at the Facility. Federal Guidance Report Number 13, as an updated dosimetry model, uses different weighting factors than is published in 10 CFR Part 20. The weighting factors are used to determine effective dose equivalent and total dose equivalent. Therefore, an exemption to the definition of weighting factors in 10 CFR 20.1003 is required to use Federal Guidance Report Number 13. The use of Federal Guidance Report Number 13 for dose modeling and weighting factors is acceptable for this Facility. Based on its review, the staff has determined that the affected environment and any environmental impacts associated 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. Additionally, denying the amendment request 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. 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. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the State of New York's Department of Environmental Conservation for review on June 21, 2006. On July 27, 2006, the State of New York responded by electronic mail. 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, along with their ADAMS accession numbers. 1. NUREG-1757, “Consolidated NMSS Decommissioning Guidance;” 2. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” 3. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” 4. Letter dated October 19, 2005, “Amendment to Source Materials License” [Adams Accession No. ML053060017] 5. Letter dated December 29, 2005, “Amendment to Source Material License STC-133—Request to use Commodity Specific DCGLs at Binghamton and Somerville Depots” [ML060040304] 6. Letter dated February 7, 2006, “Amendment to Source Material License STC-133—Request to Use Commodity Specific DCGLs at Binghamton and Somerville Depots” [ML060410319] 7. Letter dated April 26, 2006, “Defense Logistics Agency, Request for Additional Information Concerning Application for Amendment to License” [ML061220479] 8. “Radiological Historical Site Assessment Report, Defense National Stockpile Center, Somerville Depot, Hillsborough, NJ” dated January 2006 [ML060730422] 9. “Radiological Historical Site Assessment Report, Defense National Stockpile Center, Binghamton Depot, Binghamton, NY” dated February 2006 [ML060730408] 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 Region 1, 475 Allendale Road, King of Prussia this 15th day of August 2006. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 1. [FR Doc. E6-13834 Filed 8-21-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-05379] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 29-10211-01, for Termination of the License and Unrestricted Release of the Fisher Scientific Company's Facilities in Fair Lawn, NJ and Somerville, NJ AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Steve Hammann, Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone

(610)337-5399; fax number

(610)337-5269: or by e-mail: *sth2@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. 29-10211-01. This license is held by Fisher Scientific Company (the Licensee), for its facilities located at 1 Reagent Lane in Fair Lawn, New Jersey and 755 State Highway 202 in Somerville, New Jersey (the Facilities). Issuance of the amendment would authorize release of the Facilities for unrestricted use and termination of the NRC license. The Licensee requested this action in a letter dated December 5, 2005. 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 NRC plans to take the proposed action 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 December 5, 2005, license amendment request, resulting in release of the Facilities for unrestricted use and the termination of its NRC materials license. License No. 29-10211-01 was issued on August 4, 1964, pursuant to 10 CFR Part 30, and has been amended periodically since that time. This license authorized the Licensee to use sealed and unsealed byproduct material for purposes of conducting research and development, instrument calibration, and sample analysis activities on laboratory bench tops and in hoods. The Facilities occupy a total of 133,800 square feet (80,800 square feet in Fair Lawn, New Jersey and 53,000 square feet in Somerville, New Jersey) and both consist of office space, laboratories, and storage space. The Fair Lawn, New Jersey location is in an industrial zone and the Somerville, New Jersey location is in a mixed residential/commercial area. In 2005, the Licensee ceased licensed activities and initiated a survey and decontamination of the Facilities. Based on the Licensee's historical knowledge of the site and the conditions of the Facilities, 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 Facilities 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 Facilities, and seeks the unrestricted use of its Facilities 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 Facilities show that such activities involved use of the following radionuclides with half-lives greater than 120 days: hydrogen-3, carbon-14, nickel-63, and cesium-137. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of the Facilities affected by these radionuclides. The Licensee conducted a final status survey on June 19, 2006. The final status survey report was submitted in support of the Licensee's amendment request dated December 5, 2005. 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 thus finds that the Licensee's final status survey results are acceptable. Based on its review, the staff has determined that 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 staff finds there were no significant environmental impacts from the use of radioactive material at the Facilities. 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 Facilities. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the areas surrounding the Facilities that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of the Facilities 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 Facilities 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 Facilities meet the requirements of 10 CFR 20.1402 for unrestricted release and for license termination. Additionally, denying the amendment request 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. 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. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the New Jersey Bureau of Environmental Radiation for review on July 13, 2006. On July 20, 2006, New Jersey Bureau of Environmental Radiation 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, along with their ADAMS accession numbers. 1. Amendment request dated December 5, 2005 (ML053500284); 2. Request for Additional Information dated January 5, 2006 (ML060090118); 3. Response dated January 25, 2006 (ML060340478); 4. Final Status Survey Report dated March 9, 2006 (ML060800678); 5. Request For Additional Information dated April 12, 2006 (ML061070606); 6. Final Status Survey Report dated June 15, 2006 (ML061740168); 7. NUREG-1757, “Consolidated NMSS Decommissioning Guidance”; 8. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination”; 9. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions”; 10. 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 475 Allendale Road, King of Prussia, Pennsylvania this 15th day of August 2006. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E6-13837 Filed 8-21-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-01183] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 52-01986-04, for the Unrestricted Release of a Tree at the University of Puerto Rico's El Verde Research Station, Puerto Rico AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health Physicist, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 1, 475 Allendale Road, King of Prussia, Pennsylvania 19406; telephone (610)-337-5040; fax number (610)-337-5269; or by e-mail: *exu@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. 52-01896-04. This license is held by the University of Puerto Rico, College of Natural Sciences (the Licensee), for its University of Puerto Rico Rio Pedras Campus in San Juan, Puerto Rico and a tree at the El Verde Research Station, located in the Luquillo Forest of the Caribbean National Forest. Issuance of the amendment would authorize release of the tree at the El Verde Research Station from any further license requirements. The Licensee requested this action in a letter dated November 16, 2005. The NRC has prepared an Environmental Assessment

(DOE)decommissioned the El Verde Research Station early in the 1980's and transferred responsibility for it, including the tree, to the University of Puerto Rico. The tree is situated in Study Area 4 of the El Verde Research Station in the Luquillo Forest. The tree is located in a remote area that is accessible only by a trail which includes steep climbs and a cable suspension bridge. The affected area extends about 5 meters from the tree, and includes surface soil and the root system in addition to the tree itself. The Licensee has provided oversight of the tree since 1982 with assistance from the DOE. In the 1990's, DOE performed additional surveys and remediation activities in the area of the tree. Based on the Licensee's historical knowledge of the site and the conditions of the tree and its affected area, the Licensee determined that no additional decommissioning activities were required. The Licensee provided information to the NRC to demonstrate that it meets the criteria in Subpart E of 10 CFR Part 20 for unrestricted release of the tree. Need for the Proposed Action The Licensee seeks to remove the tree from further license requirements. Release of the tree would relieve the Licensee of requirements for maintaining fences and postings of the area for the purposes of radiation protection. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted on the tree shows that such activities involved injection into the tree of 460 microcuries of Cs-137 in 1968. Prior to performing the final status survey, the DOE conducted decontamination activities, as necessary, in the areas of the tree affected by Cs-137, on behalf of the Licensee. The DOE conducted various surveys of the tree and its affected areas in the 1980's and 1990's. The survey reports were attached to the Licensee's amendment request dated November 16, 2005. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by providing the site-specific dose modeling performed by the DOE, using input parameters specific to the tree based on the results of DOE surveys. The Licensee thus determined the maximum amount of residual radioactivity on materials and soils that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release. The NRC performed independent calculations to determine if the residual material in the tree and its affected environment would meet Subpart E of 10 CFR Part 20 for unrestricted release. Based on its review, the staff has determined that 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 staff finds there were no significant environmental impacts from the use of radioactive material in the tree. The NRC staff reviewed the docket file records and the survey reports to identify any non-radiological hazards that may have impacted the environment surrounding the tree. No such hazards or impacts to the environment were identified. The NRC has identified no other radiological or non-radiological activities in the area that could result in cumulative environmental impacts. The NRC staff finds that the proposed release of the tree for unrestricted use is in compliance with 10 CFR 20.1402. Based on its review, the staff considered the impact of the residual radioactivity at the tree 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 survey data confirmed that the tree and its affected area meet the requirements of 10 CFR 20.1402 for unrestricted release. Additionally, denying the amendment request 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. 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. Agencies and Persons Consulted NRC provided a draft of this Environmental Assessment to the Commonwealth of Puerto Rico, Puerto Rico Health Department, Radiological Health Division, for review on June 21, 2006. On July 31, 2006, the Commonwealth of Puerto Rico responded by electronic mail. The Commonwealth 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, along with their ADAMS accession numbers.

(1)University or Puerto Rico, Amendment request dated November 16, 2005, with supporting documents [ML053550475].

(2)Department of Energy, letter dated August 16, 1993 [ML060470455].

(3)Department of Energy, letter dated March 19, 1993 [ML060470461].

(4)NUREG-1757, “Consolidated NMSS Decommissioning Guidance;”

(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 this 15th day of August 2006. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region 1. [FR Doc. E6-13835 Filed 8-21-06; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice Agency Holding The Meetings: Nuclear Regulatory Commission DATES: Weeks of August 21, 28; September 4, 11, 18, 25, 2006. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Matters to be Considered: Week of August 21, 2006 There are no meetings scheduled for the Week of August 21, 2006. Week of August 28, 2006—Tentative There are no meetings scheduled for the Week of August 28, 2006. Week of September 4, 2006—Tentative Wednesday, September 6, 2006 1:50 p.m. Affirmation Session (Public) (Tentative), a. Pa'ina Hawaii, LLC, LBP-06-4, 63 NRC 99

(2006)and LBP-06-63, NRC 409 (2006). (Tentative). Week of September 11, 2006—Tentative Monday, September 11, 2006 9:30 a.m. Discussion of Security Issues (Closed—Ex. 1). 1:30 p.m. Discussion of Security Issues (Closed—Ex. 1 & 3). Tuesday, September 12, 2006 9:30 a.m. Meeting with Organization of Agreement States

(OAS)and Conference of Radiation Control Program Directors (CRCPD), (Public Meeting) (Contact: Shawn Smith, 301-415-2620). This meeting will be webcast live at the Web address— *www.nrc.gov* 1 p.m. Discussion of Security Issues (Closed—Ex. 1). Week of September 18, 2006—Tentative There are no meetings scheduled for the Week of September 18, 2006. Week of September 25, 2006—Tentative There are no meetings scheduled for the Week of September 25, 2006. * The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,

(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *www.nrc.gov/what-we-do/policy-making/schedule.html* Additional Information: Affirmation of

(1)Pacific Gas & Elec. Co. (Diablo Canyon ISFSI), Docket No. 72-26-ISFSI “Motion by San Luis Obispo Mothers for Peace, Sierra Club, and Peg Pinard for Declaratory and Injunctive Relief with respect to Diablo Canyon ISFSI” and

(2)AmerGen Energy Company, LLC (License Renewal for Oyster Creek Nuclear Generating Station) Docket No. 50-0219, Legal challenges to LBP-06-07 and LBP-06-11, tentatively scheduled on Thursday, August 17, 2006, was postponed and will be rescheduled. The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify the NRC's Disability Program Coordinator. Deborah Chan, at 301-415-7041, TDD: 301-415-2100, or by e-mail at *DLC@nrc.gov* . Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw.@nrc.gov* . Dated: August 17, 2006. R. Michelle Schroll, Office of the Secretary. [FR Doc. 06-7089 Filed 8-18-06; 10:11 am]

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