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60770 Federal Register / Vol. 71, No.

199 / Monday, October 16, 2006 / Notices

transmission (facsimile), (3) MATTERS TO BE CONSIDERED: (1) A report information, may be conducted by the
electronically through the OSHA Web on the U.S. Institute for Environmental Council in closed session in accordance
page (see the section titled ADDRESSES Conflict Resolution; (2) A report from with subsection (c)(6) of 5 U.S.C. 552b.
above). Because of security-related the Udall Center for Studies in Public Any interested persons may attend, as
problems, there may be a significant Policy; (3) A report on the Native observers, Council discussions and
delay in the receipt of comments by Nations Institute; (4) Program Reports; reviews that are open to the public. If
regular mail. Please contact the OSHA and (5) A report from the Management you need special accommodations due
Docket Office at (202) 693–2350 (TTY Committee. to a disability, please contact the Office
(877) 889–5627) for information about PORTIONS OPEN TO THE PUBLIC: All of AccessAbility, National Endowment
security procedures concerning the sessions with the exception of the for the Arts, 1100 Pennsylvania Avenue,
delivery of submissions by express session listed below. NW., Washington, DC 20506, 202/682–
delivery, hand delivery, and courier PORTIONS CLOSED TO THE PUBLIC:
5532, TTY–TDD 202/682–5429, at least
service. Executive session. seven (7) days prior to the meeting.
All comments, submissions, and Further information with reference to
CONTACT PERSON FOR MORE INFORMATION:
background documents are available for this meeting can be obtained from the
Christopher L. Helms, Executive Office of Communications, National
inspection and copying at the OSHA
Director, 130 South Scott Avenue, Endowment for the Arts, Washington,
Docket Office at the above address.
Tucson, AZ 85701, (520) 670–5529. DC 20506, at 202/682–5570.
Comments and submissions posted on
OSHA’s Web page are available at Dated: October 11, 2006. Dated: October 5, 2006.
http://www.OSHA.gov. Contact the Christopher L. Helms, Kathy Plowitz-Worden,
OSHA Docket Office for information Executive Director, Morris K. Udall Panel Coordinator, Office of Guidelines and
about materials not available through Scholarship and Excellence in National Panel Operations.
the OSHA Web page and for assistance Environmental Policy Foundation, and
Federal Register Liaison Officer. [FR Doc. E6–17092 Filed 10–13–06; 8:45 am]
using the Web page to locate docket BILLING CODE 7537–01–P
submissions. Electronics copies of this [FR Doc. 06–8725 Filed 10–12–06; 12:05 pm]
Federal Register notice, as well as other BILLING CODE 6820–FN–M
relevant documents, are available on
NUCLEAR REGULATORY
OSHA’s Web page. Since all
NATIONAL FOUNDATION FOR THE COMMISSION
submissions become public, private
information such as social security ARTS AND THE HUMANITIES [Docket No. 04000341]
numbers should not be submitted.
National Endowment for the Arts; Notice of Availability of Environmental
IV. Authority and Signature National Council on the Arts 159th Assessment and Finding of No
Edwin G. Foulke, Jr., Assistant Meeting Significant Impact for License
Secretary of Labor for Occupational Amendment to Source Materials
Pursuant to section 10(a)(2) of the
Safety and Health, directed the License No. STC–133 Authorizing the
Federal Advisory Committee Act (Pub.
preparation of this notice. The authority Use of Site-Specific Derived
L. 92–463), as amended, notice is hereby
for this notice is the Paperwork Concentration Guideline Levels When
given that a meeting of the National
Reduction Act of 1995 (44 U.S.C. 3506 Determining if Unrestricted Release
Council on the Arts will be held on
et seq.) and Secretary of Labor’s Order Criteria Has Been Met for the Defense
November 9, 2006 in Room M–09 at the
No. 5–2002 (67 FR 65008). Logistics Agency, Defense Nuclear
Nancy Hanks Center, 1100 Pennsylvania
Signed at Washington, DC, on October 10,
Supply Center Depot in Somerville, NJ
Avenue, NW., Washington, DC 20506.
2006. This meeting, from 8:30 a.m. to 10:30 AGENCY: Nuclear Regulatory
Edwin G. Foulke, Jr., a.m. (ending time is approximate), will Commission.
Assistant Secretary of Labor. be open to the public on a space ACTION: Issuance of Environmental
[FR Doc. 06–8692 Filed 10–13–06; 8:45 am] available basis. Following opening Assessment and Finding of No
BILLING CODE 4510–26–M remarks and announcements by the Significant Impact for License
Senior Deputy Chairman, there will be Amendment.
two presentations: one on 40 years of
NEA support for Media Arts and one on FOR FURTHER INFORMATION CONTACT:
MORRIS K. UDALL SCHOLARSHIP 40 years of NEA support for Theater and Dennis Lawyer, Health Physicist,
AND EXCELLENCE IN NATIONAL Musical Theater. This will be followed Commercial and R&D Branch, Division
ENVIRONMENTAL POLICY by review and voting on applications of Nuclear Materials Safety, Region 1,
FOUNDATION and guidelines. The meeting will 475 Allendale Road, King of Prussia,
conclude with general discussion. Pennsylvania; telephone 610–337–5366;
Sunshine Act Meetings If, in the course of the open session fax number 610–337–5393; or by e-mail:
discussion, it becomes necessary for the drl1@nrc.gov.
TIME AND DATE: 9 a.m. to 12 p.m.,
Council to discuss non-public SUPPLEMENTARY INFORMATION:
Thursday, November 9, 2006. commercial or financial information of
PLACE: The offices of the Morris K. intrinsic value, the Council will go into I. Introduction
Udall Scholarship and Excellence in closed session pursuant to subsection The U.S. Nuclear Regulatory
National Environmental Policy (c)(4) of the Government in the Commission (NRC) is considering the
Foundation, 130 South Scott Avenue, Sunshine Act, 5 U.S.C. 552b. issuance of a license amendment to
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Tucson, AZ 85701. Additionally, discussion concerning Source Materials License No. STC–133.
STATUS: This meeting will be open to the purely personal information about This license is held by Defense Logistics
public, unless it is necessary for the individuals, submitted with grant Agency (DLA or the Licensee) at
Board to consider items in executive applications, such as personal multiple sites. The site at issue is its
session. biographical and salary data or medical Defense National Stockpile Center

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Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices 60771

located at U.S. Highway Route 206 Environmental Impacts of the Proposed Conclusion
South in Somerville, New Jersey (the Action The NRC staff has concluded that the
Facility). Issuance of the amendment The historical review of licensed site specific DCGLs identified by the
would authorize the licensee to use site- activities conducted at the Facility Licensee are acceptable for use at its
specific Derived Concentration shows that such activities involved use Facility. Because the proposed action
Guideline Levels (DCGLs) in a later of the following radionuclides with half- will not significantly impact the quality
survey of the Facility to determine if the lives greater than 120 days: natural of the human environment, the NRC
Facility can be released for unrestricted uranium and thorium mixtures. staff concludes that the proposed action
use under the criteria in 10 CFR An amendment specifying the site is the preferred alternative.
20.1402. The use of the site-specific specific DCGLs is required before the
DCGLs requires an exemption to the Licensee can use such DCGL values to Agencies and Persons Consulted
definition of weighting factors in 10 later demonstrate compliance with NRC provided a draft of this EA to the
CFR 20.1003. The Licensee requested unrestricted release criteria. The State of New Jersey’s Department of
this action in a letter dated October 19, Licensee conducted site-specific dose Environmental Protection for review on
2005. The NRC has prepared an modeling using input parameters June 21, 2006. On July 20, 2006, the
Environmental Assessment (EA) in specific to the Facility and a State of New Jersey responded by letter.
support of this proposed action in conservative assumption that all The State agreed with the conclusions of
accordance with the requirements of residual radioactivity is in equilibrium. the EA if the DCGL’s are adjusted from
Title 10, Code of Federal Regulations Federal Guidance Report Number 13 the NRC’s 25 millirem per year standard
(CFR), part 51 (10 CFR part 51). Based was used to modify the dose conversion to the Department of Environmental
on the EA, the NRC has concluded that factors because it is based on an Protection’s remediation criterion of 15
a Finding of No Significant Impact improved, more realistic dosimetry millirem per year (N.J.A.C. 7:28–
(FONSI) is appropriate with respect to model. The selected critical age group is 12.8(a)). While, 15 millirem per year is
the proposed action. The NRC plans to adults as the expected future use of this the State of New Jersey criterion, for the
issue the amendment following the facility will be industrial. Based on the purpose of NRC consideration of the
publication of this FONSI and EA in the type of building, and its proximity to an proposed action, the NRC must
Federal Register. existing railroad, there is no compelling implement DCGLs that support the 25
II. Environmental Assessment evidence to indicate that the building millirem per year standard set forth in
will be used for other than industrial 10 CFR 20.1402. The Department of
Identification of Proposed Action activities. The NRC has reviewed the Environmental Protection also requests
The proposed action would approve Licensee’s methodology and proposed that the deed restriction referenced on
the Licensee’s October 19, 2005, license DCGLs and finds that the proposed page 2 of the letter dated April 26, 2006,
amendment request to use site-specific DCGLs are acceptable for use at the ‘‘Defense Logistics Agency, Request for
DCGLs as part of a later request (not yet Facility. Federal Guidance Report Additional Information Concerning
submitted) to release the Facility for Number 13, as an updated dosimetry Application for Amendment to License’’
unrestricted use under the criteria in 10 model, uses different weighting factors [ML061220479] be in place before
CFR 20.1402. License No. STC–133 was than is published in 10 CFR part 20. The approval of NRC license termination.
issued on July 23, 1983, pursuant to 10 weighting factors are used to determine The NRC found that based on the type
CFR part 40, and has been amended effective dose equivalent and total dose of building, railroad distribution, and
periodically since that time. This equivalent. Therefore, an exemption to truck access, there is no compelling
license authorized the Licensee to use the definition of weighting factors in 10 evidence to indicate that the building
unsealed source material for purposes of CFR 20.1003 is required to use Federal will be used for other than industrial
storage, sampling, repackaging, and Guidance Report Number 13. The use of activities. NRC determined that no deed
transfer. Federal Guidance Report Number 13 for restriction will be necessary should the
dose modeling and weighting factors is Licensee pursue its plans to seek the
Based on the approved DCGLs, the acceptable for this Facility. unrestricted use of its Facility.
Licensee will conduct surveys of the Based on its review, the staff has The NRC staff has determined that the
Facility and provide information to the concluded that the proposed action will proposed action is of a procedural
NRC to demonstrate that the Facility not have a significant effect on the nature, and will not affect listed species
meets the criteria in Subpart E of 10 quality of the human environment. or critical habitat. Therefore, no further
CFR Part 20 for unrestricted release. consultation is required under Section 7
Environmental Impacts of the
Need for the Proposed Action of the Endangered Species Act. The
Alternatives to the Proposed Action
NRC staff has also determined that the
The Licensee has ceased conducting Due to the largely administrative proposed action is not the type of
licensed activities at the Facility, and nature of the proposed action, its activity that has the potential to cause
seeks the approval of site-specific environmental impacts are small. effects on historic properties. Therefore,
DCGLs through issuance of an Therefore, the only alternative the staff no further consultation is required
exemption to the definition of weighting considered is the no-action alternative, under Section 106 of the National
factors in 10 CFR 20.1003. The licensee under which the staff would leave Historic Preservation Act.
needs these site specific DCGL values things as they are by simply denying the
for later determining if the Facility amendment request. Denying the III. Finding of No Significant Impact
meets the criteria for unrestricted use. amendment request would result in no The NRC staff has prepared this EA in
NRC is fulfilling its responsibilities change in current environmental support of the proposed action. On the
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under the Atomic Energy Act to make a impacts. The environmental impacts of basis of this EA, the NRC finds that
timely decision on a proposed license the proposed action and the no-action there are no significant environmental
amendment that ensures protection of alternative are therefore similar, and the impacts from the proposed action, and
public health and safety and the no-action alternative is accordingly not that preparation of an environmental
environment. further considered. impact statement is not warranted.

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60772 Federal Register / Vol. 71, No. 199 / Monday, October 16, 2006 / Notices

Accordingly, the NRC has determined located at the NRC’s PDR, O 1 F21, One guarantee that comments mailed will be
that a Finding of No Significant Impact White Flint North, 11555 Rockville received before the comment closing
is appropriate. Pike, Rockville, MD 20852. The PDR date. Electronic comments may be
reproduction contractor will copy submitted to: Brian A. Harris-Kojetin at
IV. Further Information
documents for a fee. bharrisk@omb.eop.gov. Please provide
Documents related to this action, the full body of your comments in the
Dated at Region 1, 475 Allendale Road,
including the application for license King of Prussia this 6th day of October 2006. text of the electronic message and as an
amendment and supporting attachment. Please include your name,
For the Nuclear Regulatory Commission.
documentation, are available title, organization, postal address,
James P. Dwyer,
electronically at the NRC’s Electronic telephone number, and e-mail address
Reading Room at http://www.nrc.gov/ Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region 1.
in the text of the message. Comments
reading-rm/adams.html. From this site, may also be submitted via facsimile to
you can access the NRC’s Agencywide [FR Doc. E6–17078 Filed 10–13–06; 8:45 am]
(202) 395–7245. Comments may be
Document Access and Management BILLING CODE 7590–01–P
mailed to Brian Harris-Kojetin, Ph.D.,
System (ADAMS), which provides text Office of Information and Regulatory
and image files of NRC’s public Affairs, Office of Management and
documents. The documents related to OFFICE OF MANAGEMENT AND Budget, 725 17th Street, NW., New
this action are listed below, along with BUDGET Executive Office Building, Room 10201,
their ADAMS accession numbers. Washington, DC 20503. All comments
1. NUREG–1757, ‘‘Consolidated Proposed Implementation Guidance
submitted in response to this notice will
NMSS Decommissioning Guidance’’; for Title V of the E-Government Act,
be made available to the public,
2. Title 10 Code of Federal Confidential Information Protection
including by posting them on OMB’s
Regulations, part 20, subpart E, and Statistical Efficiency Act of 2002
Web site. For this reason, please do not
‘‘Radiological Criteria for License (CIPSEA)
include in your comments information
Termination’’; AGENCY: Office of Management and of a confidential nature, such as
3. Title 10, Code of Federal Budget, Executive Office of the sensitive personal information or
Regulations, part 51, ‘‘Environmental President. proprietary information.
Protection Regulations for Domestic
ACTION: Notice and request for FOR FURTHER INFORMATION CONTACT:
Licensing and Related Regulatory
Functions’’; comments. Brian Harris-Kojetin, Ph.D., Statistical
4. Letter dated October 19, 2005, and Science Policy Office, Office of
SUMMARY: The Confidential Information Information and Regulatory Affairs,
‘‘Amendment to Source Materials Protection andStatistical Efficiency Act
License’’ [Adams Accession No. Office of Management and Budget,
of 2002 (CIPSEA) can provide strong NEOB, Room 10201, 725 17th Street,
ML053060017]; confidentiality protections for statistical
5. Letter dated December 29, 2005, NW., Washington, DC 20503.
information collections, such as surveys Telephone: 202–395–3093.
‘‘Amendment to Source Material and censuses, as well as for other
License STC–133—Request to use SUPPLEMENTARY INFORMATION:
statistical activities, such as data
Commodity Specific DCGLs at analysis, modeling, and sample design, Background
Binghamton and Somerville Depots’’ that are sponsored or conducted by
[ML060040304]; Statistics collected and published by
Federal agencies. The purpose of the the Federal Government constitute a
6. Letter dated February 7, 2006, proposed CIPSEA implementation
‘‘Amendment to Source Material significant portion of the available
guidance is to inform agencies about the information about the United States’
License STC–133—Request to Use requirements for using CIPSEA and
Commodity Specific DCGLs at economy, population, natural resources,
clarify the circumstances under which environment, and public and private
Binghamton and Somerville Depots’’ CIPSEA can be used. The Office of
[ML060410319]; institutions. There are more than 70
Management and Budget (OMB) Federal agencies or organizational units
7. Letter dated April 26, 2006,
requests comments on the proposed that carry out statistical activities as
‘‘Defense Logistics Agency, Request for
Implementation Guidance for Title V of their principal mission or in
Additional Information Concerning
the E-Government Act, the Confidential conjunction with other program
Application for Amendment to License’’
Information Protection and Statistical missions, such as providing services or
[ML061220479];
8. ‘‘Radiological Historical Site Efficiency Act of 2002. The complete enforcing regulations. In addition to
Assessment Report, Defense National text of the proposed guidance is these 70 agencies, many other Federal
Stockpile Center, Somerville Depot, available on the OMB Web site at agencies or units may collect statistical
Hillsborough, NJ’’ dated January 2006 http://www.whitehouse.gov/omb/ information to use for specific program
[ML060730422]; inforeg/statpolicy.html. needs.
9. ‘‘Radiological Historical Site Authority: 31 U.S.C. 1104(d); 44 U.S.C. Prior to the enactment CIPSEA, a
Assessment Report, Defense National 3504 (specifically (a)(1)(B)(iii) and (v), (e)(1), patchwork of legislative protections
Stockpile Center, Binghamton Depot, (3) and (5), and (g)(1)); Pub. L. 107–347 governed the confidentiality of data
Binghamton, NY’’ dated February 2006 503(a), 44 U.S.C. 3501 note. gathered for statistical purposes by the
[ML060730408]. DATES: To ensure consideration during different agencies and units. Some
If you do not have access to ADAMS, the final decision-making process, agencies had strong statutory authority
or if there are problems in accessing the written comments must be provided to to protect the confidentiality of the data
documents located in ADAMS, contact OMB no later than December 15, 2006. they gathered for statistical purposes,
jlentini on PROD1PC65 with NOTICES

the NRC Public Document Room (PDR) ADDRESSES: Due to potential delays in while other agencies had weak or no
Reference staff at 1–800–397–4209, 301– OMB’s receipt and processing of mail, legislative authority to protect
415–4737, or by e-mail to pdr@nrc.gov. respondents are strongly encouraged to confidentiality. In addition, the ability
These documents may also be viewed submit comments electronically to of the designated statistical agencies to
electronically on the public computers ensure timely receipt. We cannot share information to improve the

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