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Code · REGISTER · 2007-10-10 · National Institutes of Health, Public Health Service, HHS · Notices

Notices. Notice

10,912 words·~50 min read·/register/2007/10/10/07-5014·

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BILLING CODE 4140-01-M DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Statement of Organization, Functions, and Delegations of Authority Part N, National Institutes of Health (NIH), of the Statement of Organization, Functions, and Delegations of Authority for the Department of Health and Human Services
(DHHS)(40 FR 22859, May 27, 1975, as amended most recently at 71 FR 1446, January 9, 2006, and redesignated from Part HN as Part N at 60 FR 56605, November 9, 1995), is amended as set forth below to reflect the transfer of the bioengineering and physical science functions from the Office of the Director, Office of Management, Office of Research Services (NAM5, formerly HNAM5), to the National Institute of Biomedical Imaging and Bioengineering (N8, formerly HN8). *Section N-B, Organization and Functions* , is amended by replacing the current section N86 ( *formerly HN86* ) with the following: *Intramural Research Programs (N86, formerly HN86)* . Responsible for all aspects of NIBIB intramural research, including staffing, facilities, and research programs. Also includes the Laboratory of Bioengineering and Physical Science, which contributes to the advancement of NIH research by the application of engineering, mathematics, and the physical sciences to the solution of problems in biology and medicine through
(1)consultations and collaborative research with NIH intramural scientists in the areas of measurement, imaging, mathematical analysis, and modeling and the design of specialized research protocols and equipment;
(2)proposing and developing theoretical and experimental methods, including novel instrumentation, to meet long-term needs of the NIH Intramural Research Program; and
(3)serving as a liaison to other NIH and non-NIH organizations with bioengineering and physical science expertise to obtain and disseminate information on technological resources and development applicable to NIH intramural research problems. *Section N-B, Organization and Functions* , under the heading “ *Office of Research Services (NAM5, formerly HNAM5)* ” is amended as follows: Delete the “ *Division of Bioengineering and Physical Science (NAM58, formerly HNAM58)* ” in its entirety. *Delegations of Authority Statement:* All delegations and redelegations of authority to officers and employees of NIH that were in effect immediately prior to the effective date of this reorganization and are consistent with this reorganization shall continue in effect in them or their successors, pending further redelegation. Dated: September 28, 2007. Raynard S. Kington, Acting Director, National Institutes of Health. [FR Doc. E7-19933 Filed 10-9-07; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Prospective Grant of Exclusive License: Devices for Countercurrent Chromatography AGENCY: National Institutes of Health, Public Health Service, HHS. ACTION: Notice. SUMMARY: This is notice, in accordance with 35 U.S.C. 209(c)(1) and 37 CFR 404.7(a)(1)(i), that the National Institutes of Health (NIH), Department of Health and Human Services, is contemplating the grant of an exclusive worldwide license to practice the invention embodied in: HHS Ref. No. E-321-2007 “Second Generation Improved Spiral Tube Support for Countercurrent Chromatography” to CC Biotech LLC, a company incorporated under the laws of the State of Maryland having its headquarters in Rockville, Maryland. The United States of America is the assignee of the rights of the above inventions. The contemplated exclusive license may be granted in a field of use limited to devices and components for centrifugal or countercurrent chromatographic purification, isolation, or preparation of biomolecules and macromolecules. DATES: Only written comments and/or applications for a license received by the NIH Office of Technology Transfer on or before December 10, 2007 will be considered. ADDRESSES: Requests for a copy of the patent application, inquiries, comments and other materials relating to the contemplated license should be directed to: Michael A. Shmilovich, Esq., Office of Technology Transfer, National Institutes of Health, 6011 Executive Boulevard, Suite 325, Rockville, MD 20852-3804; Telephone:
(301)435-5019; Facsimile:
(301)402-0220; E-mail: *shmilovm@mail.nih.gov.* A signed confidentiality nondisclosure agreement will be required to receive copies of any patent applications that have not been published by the United States Patent and Trademark Office or the World Intellectual Property Organization. SUPPLEMENTARY INFORMATION: The patents and patent applications intended for licensure disclose or cover the following: EN10OC07.006 The support compactly holds spirally wound plastic tubing at a desired spiral pitch without connection. When mounted on the existing high-speed countercurrent chromatographic centrifuge, it will produce separation of bioactive compounds including proteins, nucleic acids, polysaccharides, and small molecular weight compounds from natural products without loss of samples in the separation column. The present invention is an improvement on a spiral disc previously reported under E-014-2003 (now abandoned) which was published as WO 2004/085020. That disc differed in that the prior version the radial channels represented in the figure on the right (e.g., I <sup>1</sup> -O <sup>4</sup> ; I <sup>4</sup> -O <sup>3</sup> , etc.) went all the way through the disc and ended at the outer wall and the center, thereby creating a channel that forced tubing to wrap around the device to re-enter the spiral grooves. Here, the direction of the tubing through the interleaved spiral grooves is continuous and the transition points between grooves are smoother. The design effectively eliminates about 5 cm of “dead-space,” and allows for the plates to be stackable; which was impossible with the previous design. The prospective exclusive license will be royalty bearing and will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license may be granted unless, within sixty
(60)days from the date of this published notice, NIH receives written evidence and argument that establishes that the grant of the license would not be consistent with the requirements of 35 U.S.C. 209 and 37 CFR 404.7. Properly filed competing applications for a license filed in response to this notice will be treated as objections to the contemplated license. Comments and objections submitted in response to this notice will not be made available for public inspection, and, to the extent permitted by law, will not be released under the Freedom of Information Act, 5 U.S.C. 552. Dated: October 1, 2007. Steven M. Ferguson, Director, Division of Technology Development and Transfer, Office of Technology Transfer, National Institutes of Health. [FR Doc. E7-19941 Filed 10-9-07; 8:45 am] BILLING CODE 4140-01-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Proposed Candidate Conservation Agreement With Assurances for Fisher for the Stirling Management Area, Sierra Pacific Industries, Butte, Plumas, and Tehama Counties, CA AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability; receipt of application. SUMMARY: Sierra Pacific Industries (Applicant) has applied to the U.S. Fish and Wildlife Service (Service) for a 20-year enhancement of survival permit for the fisher ( *Martes pennanti* ) pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (Act). The permit application includes a proposed Candidate Conservation Agreement with Assurances (Agreement) between the Applicant and the Service for the fisher on the 160,000 acre Stirling Management Area in Butte, Plumas, and Tehama Counties, California. We are requesting comments on the permit application, the proposed Agreement and on the preliminary determination that the proposed Agreement is eligible for a categorical exclusion under the National Environmental Policy Act
(NEPA)of 1969, as amended. The basis for this determination is discussed in the Environmental Action Statement
(EAS)and the associated Screening Form, which are also available for public review. DATES: Written comments should be received on or before November 9, 2007. ADDRESSES: Comments should be addressed to the Field Supervisor, U. S. Fish and Wildlife Service, Yreka Fish and Wildlife Office, 1829 South Oregon Street, Yreka, California 96097. Written comments may be sent by facsimile to
(530)842-4517. FOR FURTHER INFORMATION CONTACT: Ms. Laura Finley, Fish and Wildlife Biologist, Yreka Fish and Wildlife Office (see ADDRESSES ); telephone:
(530)842-5763. SUPPLEMENTARY INFORMATION: Availability of Documents Individuals wishing copies of the application, proposed Agreement, and EAS should immediately contact the Service by telephone at
(530)842-5763 or by letter to the Yreka Fish and Wildlife Office [see ADDRESSES ]. Copies of the proposed Agreement and EAS also are available for public inspection during regular business hours at the Yreka Fish and Wildlife Office [see ADDRESSES ]. The information above will also be available at the following Web address: *http://www.fws.gov/yreka.* Background Under a Candidate Conservation Agreement with Assurances (CCAA), participating landowners voluntarily implement conservation activities on their property to benefit proposed species, candidate species, and species likely to become candidates in the near future. Under a CCAA, non-Federal property owners commit to implement mutually agreed upon conservation measures which, when combined with benefits that would be achieved if it is assumed that those conservation measures were to be implemented on other necessary properties, would preclude the need to list the covered species. In return for the landowner's proactive management, the Service provides an enhancement of survival permit under section 10(a)(1)(A) of the Act which, if the species were to become listed, would authorize the take of a specified number of individuals. Section 9 of the Act and its implementing Federal regulations prohibit the take of animal species listed as endangered or threatened. Take is defined under the Act as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect listed animal species, or attempt to engage in such conduct (16 U.S.C. 1532(19)). However, under section 10(a) of the Act, the Service may issue permits to authorize take of listed species. For enhancement of survival permits, that take must be “incidental” as defined by the Service's implementing regulations as take that is incidental to, and not the purpose of, carrying out an otherwise lawful activity (50 CFR 17.4). Regulations governing CCAAs and their section 10(a)(1)(A) permits are found in the Code of Federal Regulations at 50 CFR 17.22(d) and 50 CFR 17.32(d). The fisher is a candidate for listing under the Act. The extent of past timber harvest has been identified as one of the potential causes of fisher decline. Timber harvest has contributed to the loss of habitat, habitat fragmentation, and population isolation, which are current threats to the fisher. Removal or modification of mature and late-successional forest from large portions of the Sierra Nevada and Pacific Northwest has likely contributed to the significantly diminished distribution of fishers, within their historic range on the west coast. The Agreement between the Applicant and the Service and the enhancement of survival permit are proposed for 20 years on the 160,000-acre Stirling Management Area located in Butte, Plumas, and Tehama Counties, California. The purpose of the proposed Agreement is to provide incentive for the Applicant to implement habitat conservation measures for fisher so as to increase the capability of the enrolled lands to support fisher. The amounts and spatial distribution of resting and denning habitat in this CCAA are necessarily experimental due to our level of uncertainty concerning the landscape habitat needs of fishers. The Applicants forestland management over the 20-year permit period is proposed to increase fisher resting and denning habitat on the enrolled forestlands in the future. An additional purpose of this CCAA is to provide incentive for the Applicant to accept translocated fisher onto the enrolled lands that historically contained fisher, but currently do not. The permit would authorize incidental take of fisher consistent and associated with this CCAA, resulting from the otherwise lawful forest management activities on the Applicant's 160,000-acre Stirling Management Area. The covered forest management activities include felling and bucking timber, yarding timber, loading and landing operations, salvage of timber, transport of timber and rock, road construction and maintenance, rock pit construction and use, site preparation, tree planting, vegetation control, pre-commercial thinning and pruning, minor forest products, grazing, and fire suppression. The Service has made a preliminary determination that approval of the proposed Agreement qualifies as a categorical exclusion under NEPA, as provided by the Department of the Interior Manual (516 DM 2, Appendix 1 and 516 DM 8). Determination of a categorical exclusion is based on the following three criteria:
(1)Implementation of the proposed Agreement would result in minor or negligible effects on federally listed, proposed, and candidate species and their habitats;
(2)implementation of the proposed Agreement would result in minor or negligible effects on other environmental values or resources; and
(3)impacts of the proposed Agreement, considered together with the impacts of other past, present and reasonably foreseeable similarly situated projects, would not result, over time, in cumulative effects to environmental values or resources which would be considered significant. Based upon this preliminary determination, we do not intend to prepare further NEPA documentation. We will consider public comments in making the final determination on whether to prepare such additional documentation. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. This notice is provided pursuant to section 10(c) of the Act. We will evaluate the permit application, the proposed Agreement, and comments submitted thereon to determine whether the application meets the requirements of section 10(a) of the Act. If the requirements are met, we will enter into the Agreement and issue a section 10(a)(1)(A) enhancement of survival permit under the Act to Sierra Pacific Industries for the incidental take of fisher from forestry activities on the Stirling Management Area in Butte, Plumas and Tehama Counties, California. Dated: October 2, 2007. Phil Detrich, Field Supervisor, Yreka Fish and Wildlife Office, California/Nevada Operations Office, Yreka, California. [FR Doc. E7-19893 Filed 10-9-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [MT-020-1010-PO] Notice of Public Meeting, Eastern Montana Resource Advisory Council Meeting AGENCY: Bureau of Land Management, Interior, Montana, Billings and Miles City Field Offices. ACTION: Notice of public meeting. SUMMARY: In accordance with the Federal Land Policy and Management Act (FLPMA) and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management
(BLM)Eastern Montana Resource Advisory Council (RAC), will meet as indicated below. DATES: The next two regular meetings of the Eastern Montana Resource Advisory Council will be held on November 14, 2007 and February 7, 2008 in Billings, MT. The meetings will start at 8 a.m. and adjourn at approximately 3:30 p.m. each day. The public comment period will be at 11 a.m. on each meeting date. When determined, the meeting location will be announced in a news release. FOR FURTHER INFORMATION CONTACT: Mark Jacobsen, Public Affairs Specialist, BLM Miles City Field Office, 111 Garryowen Road, Miles City, Montana 59301. Telephone:
(406)233-2831. SUPPLEMENTARY INFORMATION: The 15-member Council advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in Montana. At this meeting, topics will include: Miles City and Billings Field Office manager updates, U.S. Forest Service recreation fees, Shepherd Ah Nei fee proposal comment, travel management, public access and other issues that the council may raise. Topics for the February 7 meeting will be determined at the November 14 meeting. All meetings are open to the public. The public may present written comments to the Council. Each formal Council meeting will also have time allocated for hearing public comments. Depending on the number of persons wishing to comment and time available, the time for individual oral comments may be limited. Individuals who plan to attend and need special assistance, such as sign language interpretation, tour transportation or other reasonable accommodations, should contact the BLM as provided above. Dated: October 2, 2007. M. Elaine Raper, Field Manager. [FR Doc. E7-19877 Filed 10-9-07; 8:45 am] BILLING CODE 4310-$$-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [ID-957-1420-BJ] Idaho: Filing of Plats of Survey AGENCY: Bureau of Land Management, Interior. ACTION: Notice of filing of plats of surveys. SUMMARY: The Bureau of Land Management
(BLM)has officially filed the plats of survey of the lands described below in the BLM Idaho State Office, Boise, Idaho, effective 9 a.m., on the dates specified. FOR FURTHER INFORMATION CONTACT: Bureau of Land Management, 1387 South Vinnell Way, Boise, Idaho 83709-1657. SUPPLEMENTARY INFORMATION: These surveys were executed at the request of the Bureau of Land Management to meet their administrative needs. The lands surveyed are: The plat representing the dependent resurvey of a portion of the subdivisional lines and the subdivision of sections 26 and 27, T. 62 N., R. 2 E., Boise Meridian, Idaho, was accepted July 13, 2007. The plat representing the dependent resurvey of portions of the east boundary and subdivisional lines, and the subdivision of sections 12 and 13, T. 14 S., R. 2 E., Boise Meridian, Idaho, was accepted July 18, 2007. The plat constitutes the entire survey record of the dependent resurvey of a portion of the subdivisional lines, and the subdivision of section 9, T. 7 S., R. 36 E., Boise Meridian, Idaho, was accepted July 19, 2007. The plat representing the corrective dependent resurvey of a portion of the south boundary and the dependent resurvey of portions of the south and east boundaries, subdivisional lines and 1870 meanders of the Snake River in sections 25 and 36, and the subdivision of sections 25 and 36, the survey of the 2003-2006 meanders of the right bank of the Snake River in sections 25 and 36, the survey of certain 2003-2006 partition lines in section 36, and the metes-and-bounds survey of lots 2 and 3 in section 25 and lot 11 in section 36, T. 1 S., R. 2 W., Boise Meridian, Idaho, was accepted July 19, 2007. The plat representing the dependent resurvey of portions of the north boundary, subdivisional lines and the boundaries of Mineral Survey No. 3585, and the subdivision of sections 4 and 5, in T. 10 N., R. 3 W., Boise Meridian, Idaho, was accepted August 9, 2007. The plat representing the dependent resurvey of portions of the subdivisional lines and boundaries of Mineral Survey Nos. 3350 and 3585, and the subdivision of sections 32 and 33, in T. 11 N., R. 3 W., Boise Meridian, Idaho, was accepted August 9, 2007. The plat representing the dependent resurvey of a portion of the subdivisional lines, and the subdivision of section 23, in T. 5 S., R. 15 E., Boise Meridian, Idaho, was accepted August 17, 2007. The plat representing the dependent resurvey of a portion of the subdivisional lines, and the subdivision of section 28, in T. 7 S., R.14 E., Boise Meridian, Idaho, was accepted August 30, 2007. The plat representing the dependent resurvey of a portion of the First Standard Parallel South (north boundary), and a portion of the subdivisional lines, and the subdivision of section 4, T. 7 S., R. 23 E., Boise Meridian, Idaho, was accepted September 14, 2007. This survey was executed at the request of the Bureau of Indian Affairs to meet certain administrative and management purposes. The lands surveyed are: The plat representing the dependent resurvey of portions of the east boundary and subdivisional lines, and the subdivision of sections 13, 14, 22, and 23, in T. 34 N., R. 1 E., Boise Meridian, Idaho, was accepted August 22, 2007. Dated: October 3, 2007. Stanley G. French, Chief Cadastral Surveyor for Idaho. [FR Doc. E7-19889 Filed 10-9-07; 8:45 am] BILLING CODE 4310-GG-P INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-604] In the Matter of Certain Sucralose, Sweeteners Containing Sucralose, and Related Intermediate Compounds Thereof: Notice of Commission Determination Not To Review an Initial Determination Granting Complainants' Motion To Amend the Complaint and Notice of Investigation by Adding an Additional Respondent AGENCY: U.S. International Trade Commission. ACTION: Notice. SUMMARY: Notice is hereby given that the U.S. International Trade Commission has determined not to review an initial determination (“ID”) (Order No. 17) of the presiding administrative law judge (“ALJ”) in the above-captioned investigation granting complainants” motion to amend the complaint and notice of investigation by adding an additional respondent. FOR FURTHER INFORMATION CONTACT: James Worth, Office of the General Counsel, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2065. Copies of non-confidential documents filed in connection with this investigation are or will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street, SW., Washington, DC 20436, telephone
(202)205-2000. General information concerning the Commission may also be obtained by accessing its Internet server at *http://www.usitc.gov.* The public record for this investigation may be viewed on the Commission's electronic docket
(EDIS)at *http://edis.usitc.gov.* Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on
(202)205-1810. SUPPLEMENTARY INFORMATION: The Commission instituted this investigation on May 10, 2007, based upon a complaint filed on behalf of Tate & Lyle Technology Ltd. of London, United Kingdom, and Tate & Lyle Sucralose, Inc. of Decatur, Illinois (collectively, “Tate & Lyle”). The complaint alleged a violation of section 337(a)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of sucralose, sweeteners containing sucralose, and related intermediate compounds thereof by reason of infringement of various claims of United States Patent Nos. 4,980,463; 5,470,969; 5,034,551; 5,498,709; and 7,049,435. The notice of investigation named twenty-five respondents. On August 17, 2007, Tate & Lyle filed a motion to add Heartland Sweeteners, LLC (“Heartland Sweeteners”) as a respondent to the investigation. Heartland Sweeteners filed an opposition. The Commission investigative attorney filed a response in support of the motion. On September 7, 2007, the ALJ issued the subject ID, granting the motion to add Heartland Sweeteners as a respondent. No petitions for review were filed. The Commission has determined not to review the ID. The authority for the Commission's determination is contained in section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and in section 210.14(b), 210.42(c), and 210.42(h)(3) of the Commission's Rules of Practice and Procedure (19 CFR 210.14(b), 210.42(c), 210.42(h)(3)). By order of the Commission. Issued: October 3, 2007. Marilyn R. Abbott, Secretary to the Commission. [FR Doc. E7-19862 Filed 10-9-07; 8:45 am] BILLING CODE 7020-02-P NATIONAL SCIENCE FOUNDATION Advisory Committee for Engineering; Notice of Meeting In accordance with the Federal Advisory Committee Act (Pub L. 92-463, as amended), the National Science Foundation announces the following meeting: *Name:* Advisory Committee for Engineering (1170). *Date/Time:* October 24th, 2007; 1-6 p.m. October 25th, 2007; 9 a.m.-12 p.m. *Place:* National Science Foundation, Room 1235, 4201 Wilson Blvd., Arlington, VA. *Type of Meeting:* Open. *Contact Person:* Shirah Pope, Executive Assistant, Office of the Assistant Director for Engineering 703-292-8300. *Purpose of Meeting:* To provide advice, recommendations and counsel on major goals and policies pertaining to engineering programs and activities. *Agenda:* The principal focus of the meeting will be a discussion of emerging issues and opportunities for the Directorate for Engineering and its divisions. Other topics include: • Impact of Proposal Award and Management Mechanisms. • Emerging Frontiers Research and Innovation Update. • Subcommittee report on University-Industry Partnerships. • NSF Broadening Participation Working Group. • Engineering Education and Centers Division update and COV Report. Dated: October 4, 2007. Susanne Bolton, Committee Management Officer. [FR Doc. E7-19917 Filed 10-9-07; 8:45 am] BILLING CODE 7555-01-P NATIONAL SCIENCE FOUNDATION U.S. Chief Financial Officer Council; Grants Policy Committee ACTION: Notice of open stakeholder webcast meeting. SUMMARY: This notice announces the fourth of a series of open stakeholder webcast meetings sponsored by the Grants Policy Committee
(GPC)of the U.S. Chief Financial Officers Council. DATES: The GPC will hold a webcast meeting on Tuesday, October 30, 2007 from 2-3:30 p.m., Eastern Standard Time. The webcast will be broadcast live. ADDRESSES: The GPC October 30 webcast meeting will be broadcast from and held in Room B-180 of the U.S. Department of Housing and Urban Development (HUD), 451 7th Street, SW., Washington, DC 20410. Seating is limited—the first 50 people to respond, and receive confirmation of the response, can be part of the live audience. Both federal and non-federal employees must R.S.V.P. to reserve your seat by contacting Charisse Carney-Nunes at *GPCWebcast@nsf.gov* . All who have reserved seating must arrive at the HUD building 15 minutes prior to broadcast (arrive on the North side of the building). You must have a photo ID to gain access and will have to go through the security screening. The GPC encourages non-federal organizations staffs and members to attend the meeting in person or via webcast. *Overview:* The subject of this webcast meeting will be the draft strategic plan of the Grants Policy Committee, and the *potential future products* that the GPC may undertake in order to implement its strategy. *Further Information About the GPC Webcast:* Questions on the webcast should be directed to Charisse Carney-Nunes, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230; e-mail, *GPCWebcast@nsf.gov* . Information and materials that pertain to this webcast meeting, including the call-in telephone number and the agenda will be posted on the Federal Grants Streamlining Initiative
(FGSI)Web site at *http://www.grants.gov/aboutgrants/grants_news.jsp* under “October 30 Meeting Materials.” The link to view the webcast will be posted on this site, along with Webcast instructions. After the meeting, a link to its recording will be posted on the FGSI Web site for at least 90 days. *Comments Submission Information:* You may submit comments during the webcast meeting via telephone or e-mail. The call-in telephone number, which may be used only *DURING* the live webcast, is 202-708-0995. The e-mail address for comments, which should be used only *DURING* the webcast is *HUDTV@HUD.GOV* . The e-mail address for comments after the webcast is *GPCWebcast@nsf.gov* . You may submit after webcast comments via e-mail through close of business Tuesday, November 13, 2007. SUPPLEMENTARY INFORMATION: This webcast meeting has been made possible by the cooperation of the National Science Foundation, HUD, and the GPC. *Webcast Materials:* Webcast materials including the agenda, the GPC's draft Strategic Plan, its list of potential future projects, webcast meeting slides, and feedback form are posted under the October 30, 2007 meeting materials. *http://www.grants.gov/aboutgrants/grants_news.jsp* . *Purpose of the webcast meeting:* The purpose of the webcast meeting is to receive public input on the draft strategic plan of the GPC. Specifically, the Committee seeks stakeholder input into the language describing the mission, vision, goals, and objectives of the GPC. The Committee will also seek input from the public regarding a list of *potential future products* that the GPC may undertake in order to implement its strategy. This draft list will present examples of possible products the GPC might undertake in order to implement its Strategic Plan. The list is not intended to represent a comprehensive list of all possible GPC products, nor does the list guarantee that the GPC will produce all of the listed products. The webcast materials are being offered to stimulate public input into the GPC's long-term planning and prioritization efforts and to receive input from stakeholders to inform government efforts as they relate to streamlining and stewardship of federal policy and practice relating to grants, cooperative agreements, and federal financial assistance. *Meeting structure and agenda:* The October 30 webcast meeting will have the following structure and agenda:
(1)Welcome by the host agency;
(2)Presentation of Draft Strategic Plan by the Chair of the GPC;
(3)Presentation of list *of potential future products* by the Chair of the GPC;
(4)Participants' discussion, questions and comments. *Background:* Background about the FGSI is set forth in the **Federal Register** published on September 13, 2006 (71 FR 54098). Dated: October 3, 2007. Thomas Cooley, Chair, Grants Policy Committee of the U.S. Chief Financial Officer Council. [FR Doc. E7-19915 Filed 10-9-07; 8:45 am] BILLING CODE 7555-01-P NUCLEAR REGULATORY COMMISSION Notice of Intent To Establish Independent External Review Panel To Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's Material Licensing Program AGENCY: U.S. Nuclear Regulatory Commission. ACTION: This notice is to announce the NRC intends to establish a new advisory committee. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission
(NRC)is chartering a new advisory committee. This action is being taken in accordance with the Federal Advisory Committee Act, after consultation with the Committee Management Secretariat, General Services Administration. The committee, designated as the Independent External Review Panel to Identify Vulnerabilities in the U.S. Nuclear Regulatory Commission's Material Licensing Program is being tasked to respond to the NRC Office of the Inspector General
(OIG)recommendation (OIG-07-A-12), “* * * that the Executive Director for Operations convene an independent panel of experts external to the agency to identify agency vulnerabilities concerning NRC's material licensing and tracking programs and validate the agency's ongoing byproduct material security efforts.” The OIG report also stated, “Such an assessment should necessarily include examination of the management, operational, and technical security controls and the extent to which these controls are:
(1)Implemented correctly,
(2)operating as intended, and
(3)producing the desired outcome with respect to mitigating security vulnerabilities.” In responding to this recommendation, the panel will include in its review an assessment of the existing and potential security vulnerabilities related to NRC's specific, import, export and general license programs. The panel is to also evaluate the apparent good-faith presumption that pervades the NRC licensing process (See Recommendation S-1 in the Action Plan). The panel is expected to develop an agenda and plan for the review; this plan will include, as a minimum, assessment of pre-licensing guidance, licensing procedures, the licensing process, possession limits on licenses, and license reviewer training and oversight. The panel will document each significant issue identified and make appropriate recommendations and propose corrective actions. The panel is being asked to complete and submit a report with recommendations to the Director of the Office of Federal and State Materials and Environmental Management Programs by January 31, 2008. In addition to documenting its recommendations and the bases for those recommendations, the panel will be asked to document other options that were considered and the reasons for not adopting them. *For Further Information Please Contact:* Aaron McCraw (301-415-1277) *ATM@NRC.GOV* , U.S. Nuclear Regulatory Commission, Washington, DC 20555. Dated: October 3, 2007. Andrew L. Bates, Federal Advisory Committee Management Officer. [FR Doc. E7-19943 Filed 10-9-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 070-00371 (Retired and Terminated)] Notice of Consideration of Approval and Acceptance of the Decommissioning Plan for the Formerly Licensed United Nuclear Corporation—Naval Products Division New Haven, CT, License No. Snm-368 (Retired and Terminated) and Opportunity To Request a Hearing AGENCY: Nuclear Regulatory Commission. ACTION: Notice of receipt of a decommissioning plan and opportunity to request a hearing. DATES: A request for a hearing must be filed by October 10, 2007. FOR FURTHER INFORMATION CONTACT: Laurie Kauffman, Project Manager, Decommissioning Branch, Division of Nuclear Materials Safety, Region I, U.S. Nuclear Regulatory Commission, King of Prussia, PA 19406. Telephone:
(610)337-5323; fax number:
(610)337-5269; or e-mail: *lap@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Introduction The Nuclear Regulatory Commission
(NRC)is considering approval of a Decommissioning Plan
(DP)for Special Nuclear Materials License Number SNM-368 (Terminated). This license was held by United Nuclear Corporation—Naval Products
(UNC)(the former licensee) for its facilities located in New Haven and Montville, Connecticut. In 1974, UNC closed the New Haven facility and transferred the radioactive materials inventory to the Montville site. The New Haven site was decontaminated and decommissioned from 1973 through 1976, and final radiological surveys were completed in 1976. The license was amended to remove the New Haven facility on April 22, 1976, and the site was released for unrestricted use in accordance with the existing regulations and guidance. Following the subsequent decontamination and decommissioning of the Montville site, the SNM-368 license was terminated on June 8, 1994. In the early 1990s, the NRC initiated a program to ensure that past licenses had been terminated in accordance with the NRC's current release criteria for unrestricted use and contracted with the Oak Ridge National Laboratory
(ORNL)to perform the review. During the review, ORNL identified that the New Haven facility did not have sufficient documentation to verify that the facility had been properly decontaminated prior to release. The NRC and Oak Ridge Institute for Science and Education (ORISE) conducted radiological surveys of the site in 1996 and determined that uranium contaminated soil remained at the New Haven facility with contamination levels which exceeded the 30 picoCuries/gram in soil or sediment limit established in the 1981 Branch Technical Position for “Disposal or Onsite Storage of Thorium or Uranium Wastes from Past Operations.” The former licensee conducted additional characterization activities and resolved funding issues to allow for completion of the facility remediation and submitted a DP to the NRC by a letter dated June 7, 2005. UNC submitted its Final Status Survey Plan
(FSSP)to supplement the DP on October 4, 2006. Before approving the proposed DP, the NRC needs to make the findings required by the Atomic Energy Act of 1954, as amended, and NRC's regulations. These findings will be documented in an Environmental Assessment in accordance with the requirements of Title 10, Code of Federal Regulations (CFR), Part 51 (10 CFR Part 51). II. Opportunity To Request a Hearing The NRC hereby provides notice that this is a proceeding on an action regarding decommissioning of the United Nuclear Corporation—Naval Products site for its facilities located in New Haven, Connecticut. 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. United Nuclear Corporation—Naval Products, 20 Research Parkway, Unit E, Old Saybrook, CT 06475, Attention: Robert Bonito, General Manager of Operations; 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 e-mail 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 December 10, 2007. 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 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: Radiological Characterization of the former UNC Manufacturing Facility, New Haven, CT, dated May 31, 2005 (ML051780083 and ML051780088) Decommissioning Plan, Revision 1, dated July 7, 2005 (ML051780091) Final Status Survey Plan, dated October 4, 2006 (ML062910318) 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 2nd day of October 2007. For the Nuclear Regulatory Commission. Raymond Lorson, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E7-19951 Filed 10-9-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 040-06377] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. Sub-348, for the Unrestricted Release of the Department of the Army, U.S. Army Research, Development and Engineering Command, Armament Research, Development and Engineering Center, Building 318 Facility in Picatinny, NJ AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, PA 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 Source Materials License No. SUB-348. This license is held by the Department of the Army, U. S. Army Research, Development and Engineering Command (RDEC), Armament Research, Development and Engineering Center (ARDEC) (the Licensee), for its activities at the Picatinny Arsenal, located in Picatinny, New Jersey. Issuance of the amendment would authorize release of Building 318 for unrestricted use. The Licensee requested this action in a letter dated March 26, 2007. 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 March 26, 2007, license amendment request, resulting in release of Building 318 for unrestricted use. License No. SUB-348 was issued on July 13, 1961, pursuant to 10 CFR Part 40, and has been amended periodically since that time. This license authorized the Licensee to use uranium and thorium in any form for purposes of conducting research and development activities. The Picatinny Arsenal is situated on 6,500 acres, and consists of residential, industrial, office space, laboratories, and specialized facilities. The Picatinny Arsenal is located in a mixed residential and commercial area. Building 318 was one of several buildings where use of licensed materials was performed under the authority of RDEC/ARDEC, one of the military tenants at Picatinny Arsenal. Building 318 is a single-story, brick, high-bay structure covering approximately 3,900 square-feet in area, of which an office occupies about 90 square-feet. The remaining area was used for storage of equipment that was contaminated with depleted uranium. In the summer of 2002, the Licensee ceased licensed activities within Building 318 and initiated a survey and decontamination of Building 318. Based on the Licensee's historical knowledge of the site and the conditions of Building 318, 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 Building 318 in August 2002 and initially requested approval for its unrestricted release in a letter dated October 8, 2002. However, NRC staff noted in a letter dated December 18, 2002, that the Licensee used outdated release criteria and did not approve release of Building 318 at that time. In March, 2007, 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, based on the development of a site-specific criteria. Need for the Proposed Action The Licensee has ceased conducting licensed activities in Building 318, and seeks the unrestricted use of Building 318. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted in Building 318 shows that such activities involved use only of depleted uranium, a radionuclide with a half-life greater than 120 days. Prior to performing the final status survey, the Licensee conducted decontamination activities, as necessary, in the areas of Building 318 affected by this radionuclide. The Licensee conducted a final status survey on August 10-11, 2002, of Building 318. The final status survey report was attached to the Licensee's amendment request dated March 26, 2007. The Licensee elected to demonstrate compliance with the radiological criteria for unrestricted release as specified in 10 CFR 20.1402 by developing a derived concentration guideline level
(DCGL)for Building 318. The Licensee conducted site-specific dose modeling using input parameters specific to Building 318 and assumed the light industrial building could be converted to a military residence. The Licensee used RESRAD-BUILD, Version 3.22, using all default parameters except: The removable fraction of surface contamination was set to 0.1; the source type selected was “area source”; and doses were evaluated at times of 0, 1, 2, 5, 10, 100, and 1,000 years. The Licensee thus determined the maximum amount of residual radioactivity on building surfaces that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted release would be 2,413 disintegrations per minute
(dpm)per 100-square-centimeters area (100 cm 2 ). The NRC reviewed the Licensee's methodology and proposed DCGL when they were submitted with the March 26, 2007, request for release of Building 318 for unrestricted use. The NRC staff finds the licensee's proposed DCGL of 2,413 dpm/100 cm 2 to be acceptable. The Licensee's final status survey results were below this DCGL, and are thus 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 in Building 318. 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 Building 318. 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 Building 318 for unrestricted use is in compliance with 10 CFR 20.1402. Although the Licensee will continue to perform licensed activities at other parts of the Picatinny Arsenal, the Licensee must ensure that this decommissioned area does not become recontaminated. Before the license can be terminated, the Licensee will be required to show that the entire facility, including previously-released areas, complies with the radiological criteria in 10 CFR 20.1402. Based on its review, the staff considered the impact of the residual radioactivity in Building 318 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 40.42(d), requiring that decommissioning of source 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 Building 318 meets 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 State of New Jersey Department of Environmental Protection (NJDEP) for review on August 29, 2007. On September 4, 2007, NJDEP responded by letter. The State agreed with the conclusions of the EA. 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.] Letter dated March 26, 2007 with “Derivation of a Site Specific DCGL for the Remediation of TACOM-ARDEC Picatinny Arsenal Building 318 and Evaluation of Final Survey Results, October 2004” (ML070940607) [2]. NUREG-1757, “Consolidated NMSS Decommissioning Guidance;” [3]. Title 10 Code of Federal Regulations, Part 20, Subpart E, “Radiological Criteria for License Termination;” [4]. Title 10, Code of Federal Regulations, Part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;” [5]. 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 2nd day of October 2007. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E7-19948 Filed 10-9-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-35986] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 07-30728-01, for Unrestricted Release of Incyte Corporation's Facility in Newark, DE 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 I, 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 Byproduct Materials License No. 07-30728-01. This license is held by Incyte Corporation (the Licensee), for its Stine Haskell Research Center, located at 1090 Elkton Road in Newark, Delaware (the Facility). Issuance of the amendment would authorize release of the Facility for unrestricted use. The Licensee requested this action in a letter dated May 29, 2007, and responded to an information request by letter dated July 26, 2007. 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 May 29, 2007, license amendment request, resulting in release of the Facility for unrestricted use. License No. 07-30728-01 was issued on May 20, 2002, pursuant to 10 CFR Part 30, and has been amended periodically since that time. This license authorized the Licensee to use unsealed byproduct material for purposes of conducting research and development activities typically performed on laboratory bench tops and in hoods. The proposed action pertains only to the cessation of licensed activities at the Facility. The license authorizes use of licensed material at other locations that will not be affected by this action, and the license will thus not be terminated if the proposed action is approved. The Facility is situated in Buildings 112 and 115, totaling 32,400 square feet, and consists of general office space and laboratories. The Facility is located in an industrial area. Within the Facility, use of licensed materials was confined to Building 112, Laboratories 2, 28, and 37; and Building 115, Laboratories 83, 84, 85, 86, and 87. These laboratory areas totaled 1,600 square feet. In August 2003, the Licensee ceased licensed activities at the Facility, and initiated 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. Need for the Proposed Action The Licensee has ceased conducting licensed activities at the Facility, and seeks the unrestricted use of its Facility. 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: Hydrogen-3 and carbon-14. 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 during August and September 2003 but delayed making a final decision about whether or not to resume licensed activities there. The final status survey report was attached to the Licensee's amendment request dated May 29, 2007. 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, 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 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 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 Facility 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 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, 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 Office of Radiation Control, Division of Delaware Public Health for review on August 27, 2007. On September 17, 2007, the Office of Radiation Control, Division of Delaware Public Health 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. NUREG-1496, “Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities” 5. Incyte Corporation Amendment Request dated May 29, 2007 [ML071580670; 6. Incyte Corporation Deficiency Response Letter dated July 26, 2007 [ML072140797. 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 I, 475 Allendale Road, King of Prussia this 2nd day of October 2007. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E7-19957 Filed 10-9-07; 8:45 am] BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice Agency Holding the Meetings: Nuclear Regulatory Commission. Date: Weeks of October 8, 15, 22, 29; November 5, 12, 2007. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Matters To Be Considered: Week of October 8, 2007. There are no meetings scheduled for the Week of October 8, 2007. Week of October 15, 2007—Tentative There are no meetings scheduled for the Week of October 15, 2007. Week of October 22, 2007—Tentative Wednesday, October 24, 2007 9:25 a.m. Affirmation Session (Public Meeting) (Tentative). a. Final Rule—Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors Who Discriminate Against Employees for Engaging in Protected Activities (RIN 3150-AH49) (Tentative). b. Pa'ina Hawaii, LLC (Material License Application) (Tentative). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* 9:30 a.m. Periodic Briefing on New Reactor Issues, Part 1 (Public Meeting) (Contact: Roger Rihm, 301-415-7807). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* 1:30 p.m. Periodic Briefing on New Reactor Issues, Part 2 (Public Meeting) (Contact: Roger Rihm, 301-415-7807). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of October 29, 2007—Tentative There are no meetings scheduled for the Week of October 29, 2007. Week of November 5, 2007—Tentative There are no meetings scheduled for the Week of November 5, 2007. Week of November 12, 2007—Tentative Wednesday, November 14, 2007 9:30 a.m. Meeting with Advisory Committee on Nuclear Waste and Materials (ACNW&M) (Public Meeting) (Contact: Antonio Dias, 301-415-6805). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* *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: *http://www.nrc.gov/about-nrc/policy-making/schedule.html.* 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, Rohn Brown, at 301-492-2279, TDD: 301-415-2100, or by e-mail at *REB3@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: October 4, 2007. R. Michelle Schroll, Office of the Secretary. [FR Doc. 07-5014 Filed 10-5-07; 10:23 am]
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