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39804 Federal Register / Vol. 70, No.

131 / Monday, July 11, 2005 / Notices

Domestic Licensing Proceedings’’ in 10 petition must include sufficient either by means of facsimile
CFR Part 2. Interested persons should information to show that a genuine transmission to (301) 415–3725 or by e-
consult current copies of 10 CFR 2.309, dispute exists with the applicant on a mail to OGCMailCenter@nrc.gov. A copy
2.304, and 2.305, which are available at material issue of law or fact. of the request for hearing and petition
the Commission’s Public Document Contentions shall be limited to matters for leave to intervene should also be
Room (PDR), located at One White Flint within the scope of the amendment sent to General Counsel, Tennessee
North, Public File Area 01F21, 11555 under consideration. The contention Valley Authority, ET 11A, 400 West
Rockville Pike (first floor), Rockville, must be one which, if proven, would Summit Hill Drive, Knoxville,
Maryland. Publicly available records entitle the petitioner/requestor to relief. Tennessee, 37902, attorney for the
will be accessible from the Agencywide A petitioner/requestor who fails to licensee.
Documents Access and Management satisfy these requirements with respect For further details with respect to this
System’s (ADAMS) Public Electronic to at least one contention will not be action, see the application for
Reading Room on the Internet at the permitted to participate as a party. amendment dated June 28, 2004, which
NRC Web site, http://www.nrc.gov/ Those permitted to intervene become is available for public inspection at the
reading-rm/doc-collections/cfr/. If a parties to the proceeding, subject to any Commission’s PDR, located at One
request for a hearing and petition for limitations in the order granting leave to White Flint North, Public File Area O1
leave to intervene is filed by the above intervene, and have the opportunity to F21, 11555 Rockville Pike (first floor),
date, the Commission or a presiding participate fully in the conduct of the Rockville, Maryland. Publicly available
officer designated by the Commission or hearing. records will be accessible electronically
by the Chief Administrative Judge of the Nontimely requests and petitions and
from the ADAMS Public Electronic
Atomic Safety and Licensing Board contentions will not be entertained
Reading Room on the Internet at the
Panel will rule on the request and absent a determination by the
Commission or the presiding officer of NRC Web site, http://www.nrc.gov/
petition; and the Secretary or the Chief reading-rm/adams.html. Persons who
Administrative Judge of the Atomic the Atomic Safety and Licensing Board
that the petition, request and/or the do not have access to ADAMS or who
Safety and Licensing Board will issue a encounter problems in accessing the
notice of a hearing or an appropriate contentions should be granted based on
a balancing of the factors specified in 10 documents located in ADAMS should
order.
CFR 2.309(a)(1)(I)–(viii). contact the NRC PDR Reference staff by
As required by 10 CFR 2.309, a
A request for a hearing and petition telephone at 1–800–397–4209, (301)
petition for leave to intervene shall set
forth with particularity the interest of for leave to intervene must be filed by: 415–4737, or by e-mail to pdr@nrc.gov.
the petitioner/requestor in the (1) First class mail addressed to the Dated at Rockville, Maryland, this 29th day
proceeding, and how that interest may Office of the Secretary of the of June, 2005.
be affected by the results of the Commission, U.S. Nuclear Regulatory For the Nuclear Regulatory Commission.
proceeding. The petition should Commission, Washington, DC 20555– Margaret H. Chernoff,
specifically explain the reasons why 0001, Attention: Rulemaking and Project Manager, Section 2, Project
intervention should be permitted with Adjudications Staff; (2) courier, express Directorate II, Division of Licensing Project
particular reference to the following mail, or expedited delivery services: Management, Office of Nuclear Reactor
general requirements: (1) The name, Office of the Secretary, Sixteenth Floor, Regulation.
address and telephone number of the One White Flint North, 11555 Rockville [FR Doc. E5–3633 Filed 7–8–05; 8:45 am]
requestor or petitioner; (2) the nature of Pike, Rockville, Maryland, 20852, BILLING CODE 7590–01–P
the requestor’s/petitioner’s right under Attention: Rulemaking and
the Act to be made a party to the Adjudications Staff; (3) e-mail
proceeding; (3) the nature and extent of addressed to the Office of the Secretary, NUCLEAR REGULATORY
the requestor’s/petitioner’s property, U.S. Nuclear Regulatory Commission, COMMISSION
financial, or other interest in the HEARINGDOCKET@NRC.GOV; or (4)
proceeding; and (4) the possible effect of facsimile transmission addressed to the [Docket No. 030–28641]
any decision or order which may be Office of the Secretary, U.S. Nuclear
entered in the proceeding on the Regulatory Commission, Washington, Notice of Environmental Assessment
requestor’s/petitioner’s interest. The DC, 20555–0001, Attention: and Finding of No Significant Impact
petition must also identify the specific Rulemakings and Adjudications Staff at for Approval of Decommissioning Plan
contentions which the petitioner/ (301) 415–1101, verification number is for Test Area C–74L at Eglin Air Force
requestor seeks to have litigated in the (301) 415–1966. A request for hearing Base, FL
proceeding. and petition for leave to intervene need
Each contention must consist of a not comply with 10 CFR 2.304(b)(c) and AGENCY:Nuclear Regulatory
specific statement of the issue of law or (d) if an original and two copies Commission.
fact to be raised or controverted. In otherwise complying with the ACTION: Environmental Assessment and
addition, the petitioner/requestor shall requirements of that section are mailed Finding of No Significant Impact for
provide a brief explanation of the bases within two (2) days after filing by e-mail
License Amendment.
for the contention and a concise or facsimile transmission to the
statement of the alleged facts or expert Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555– FOR FURTHER INFORMATION CONTACT: D.
opinion which support the contention
0001, Attention: Rulemakings and Blair Spitzberg, Ph.D., Chief, Fuel Cycle
and on which the petitioner intends to
rely in proving the contention at the Adjudications Staff. A copy of the and Decommissioning Branch, Division
hearing. The petitioner must also request for hearing and petition for of Nuclear Materials Safety, Region IV,
provide references to those specific leave to intervene should also be sent to U.S. Nuclear Regulatory Commission,
sources and documents of which the the Office of the General Counsel, U.S. 611 Ryan Plaza Drive, Suite 400,
petitioner is aware and on which the Nuclear Regulatory Commission, Arlington, TX 76011. Telephone: (817)
petitioner intends to rely to establish Washington, DC 20555–0001, and it is 860–8100; e-mail: dbs@nrc.gov.
those facts or expert opinion. The requested that copies be transmitted SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Notices 39805

I. Introduction located approximately 14 miles site will be considered acceptable for


The Department of the Air Force (the northwest of the city of Niceville, unrestricted use if the residual
licensee) submitted a decommissioning Florida. The test area lies within Section radioactivity that is distinguishable
plan (DP) to the U.S. Nuclear Regulatory 11 of Range 21 West, Township 2 North. from background radiation results in a
Commission (NRC) by Memorandum The test area currently consists of a 4- total effective dose equivalent to an
dated May 24, 2002. Supplemental acre radiologically controlled area, fire average member of the public that does
information was provided by control/ballistics building, gun corridor, not exceed 25 millirems (0.25 mSv) per
Memoranda dated November 1, 2002, target area, well house building, drum year, including that from groundwater
August 21, 2003, October 27, 2004, and storage area, and surrounding land. sources of drinking water, and that the
From late-1974 to 1978, the area was residual radioactivity has been reduced
January 13, 2005. The licensee
used for pre-production testing of a gun to levels that are as low as reasonably
requested that the DP for Test Area C–
system which used depleted uranium achievable (ALARA).
74L at Eglin Air Force Base (AFB) be
(DU) ammunition. The licensee elected Current NRC guidance (Section 2.5 of
approved. The NRC is considering the
to discontinue DU munitions testing at NUREG–1757, Volume 2, ‘‘Consolidated
issuance of an amendment to Master
this location. An estimated 16,315 NMSS Decommissioning Guidance’’)
Materials License 42–23539–01AF
pounds of DU was expended at the site. recommends that licensees demonstrate
which will approve the DP. If approved Approximately 9,257 pounds of DU
by the NRC, the licensee will be compliance with the dose criteria by
were collected and disposed of during using dose modeling or derived
authorized to conduct decommissioning remediation activities conducted
activities in accordance with the DP. concentration guideline levels (DCGLs)
between March 1978 and June 1987. and final status survey results. The
The NRC has prepared an
The remainder of the material has since licensee’s request to release the site for
Environmental Assessment (EA) in
been remediated, was dispersed or unrestricted use will be based on use of
support of this licensing action in
vaporized as part of DU ordinance DCGLs and final status survey results. In
accordance with the requirements of 10
testing, or remains onsite and requires the DP, the licensee proposes DCGLs for
CFR Part 51. The EA was developed to remediation.
provide sufficient evidence and analysis building interiors, building exteriors,
The portions of the site that may have
for determining whether to prepare an equipment, and site soils. Through an
been contaminated with DU fragments
Environmental Impact Statement or internal review process, the NRC
include the ballistic building interior,
Finding of No Significant Impact accepted the licensee’s proposed
ballistic and well house building
(FONSI). Based on the results of the EA, building and equipment DCGLs, but
exteriors, target area, 4-acre
the NRC has determined that a FONSI rejected the licensee’s proposed soil
radiologically restricted grounds, and
is appropriate. DCGL. By Memorandum dated August
two drainage ditches. Previous
21, 2003, the licensee accepted the
II. Environmental Assessment radiological investigations included at
NRC’s alternate proposal for soil DCGL.
least six soil sampling events that
Proposed Action occurred between 1976–1999. Limited Upon completion of the
The proposed action is to approve the reclamation activities have been decommissioning project, the licensee is
DP which will allow the licensee to conducted several times since 1980. A expected to submit the final status
conduct decommissioning in detailed site characterization study was survey results to the NRC for review and
accordance with the procedures and conducted during 1999 followed by approval. In addition, the NRC will
processes provided in the DP. The additional limited characterization conduct confirmatory sampling. If the
approval of the DP would be studies during 2000–2001. At that time, results of the final status survey and any
accomplished by license amendment to the only area remaining to be confirmatory surveys performed are
NRC Materials License 42–23539–01AF remediated was the 4-acre radiologically below the NRC-approved DCGLs, the
following the NRC decision that the DP controlled area. site will be found to be in compliance
meets the standards specified in 10 CFR The ballistic building interior was not with the annual dose limit provided in
Part 20 and related NRC guidance expected to contain radioactive material 10 CFR 20.1402. If the surveys indicate
documents. in measurable quantities, in part, that the results are above the DCGLs,
because the building was not used to then additional remediation may be
The Need for the Proposed Action store DU munitions. The well house necessary. Alternatively, the licensee
The licensee intends to remediate building was constructed after will have to conduct an analysis to
Test Area C–74L and ultimately remove completion of DU testing although the demonstrate that the survey results
the site from its license (and the land beneath the building was not demonstrate compliance with the dose
associated AFB radioactive material radiologically surveyed prior to criteria.
permit) because it no longer conducts construction. The exteriors of these two The remediation activities will result
NRC-licensed activities at this location. buildings may contain small amounts of in potential exposure of workers to
If the site is properly decommissioned, contamination as a result of possible radioactive material. The primary
the licensee would then be in wind dispersion of DU fragments. radionuclide of concern is uranium-238.
compliance with the Timeliness Rule Two drainage ditches are located on The DU is expected to be in the form of
requirements of 10 CFR 30.36, site property. Sample results indicated solid uranium oxide or uranium metal
‘‘Expiration and Termination of measurable quantities of radionuclides fragments. The primary health hazard is
Licenses and Decommissioning of Sites above background values. The licensee inhalation of DU. The health effects
and Separate Buildings or Outdoor does not expect to conduct remediation from DU include both chemical and
Areas.’’ activities in these ditches because the radiological toxicity with the two
residual radioactivity is expected to be important target organs being the
Environmental Impacts of the Proposed at levels below the NRC-approved kidneys and the lungs. In general, the
Action release criteria. health consequences are determined by
Test Area C–74L is located in Walton The radiological criteria for the physical and chemical form of the
County, Florida, within the north- unrestricted use is provided in 10 CFR DU as well as the level and duration of
central portion of Eglin AFB. The site is 20.1402. This regulation states that a exposure.

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39806 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Notices

To prevent potential health decision. Furthermore, the radiological mechanical removal of the top six
consequences from exposure to DU, the impacts of releasing the site for inches of soil in some areas. Dust
licensee has initiated a radiological unrestricted use are bounded by the suppression methods, including water
safety program. External occupational impacts evaluated in NUREG–1496, trucks, will be utilized as necessary to
exposure rates to DU is expected to be ‘‘Generic Environmental Impact prevent the spread of windblown
minimal based on previous exposure Statement in Support of Rulemaking on contamination during reclamation. A
data. The internal exposure pathways Radiological Criteria for License decontamination pad will be used as
will be controlled and monitored as Termination of NRC-Licensed Nuclear necessary to decontaminate equipment.
necessary by the use of personnel Facilities.’’ The licensee believes that light rain will
protective equipment, strict hygiene The proposed action will have a percolate into the ground, although
practices, and air particulate and short-term detrimental effect on the heavy rains may transport some soil
bioassay sampling. The licensee’s impacted area. The licensee plans to material into the two drainage ditches.
proposed program for control of scrap portions of the ground surface to Scraped surface areas will be covered
exposure to radioactive materials is remove any residual radioactive with plastic sheeting as necessary until
typical for the type of work being material. This action will result in backfilled.
conducted and is considered acceptable destruction of the cover vegetation and With respect to other potentially
to the NRC to maintain occupational top soil, and may create airborne dust. endangered or threatened species, the
exposures within NRC limits. In response, the licensee plans to licensee claims that the indigo snake
The Air Force, or a contractor for the implement a program that will has been seen in the vicinity of Test
Air Force, will be responsible for minimize any long term damage. Dust Area C–74L but does not live within the
packaging and transporting the low- suppression methods will be utilized as radiologically controlled area.
level radioactive wastes. Remediation of necessary. The area will be backfilled Reclamation activities are not expected
the site may have short-term non- and revegetated if scraped. to adversely impact the habitat of the
radiological health and safety risks The site includes two drainage indigo snake on Eglin AFB ranges.
caused by the excavation, packaging, ditches. One ditch is located on the Further, the licensee claims that there
and shipping of the residual radioactive south side of the property and drains to are no red cockaded woodpecker
material. These non-radiological the south-south east. The second ditch colonies within Test Area C–74L. The
impacts include the normal risks of is located in the northeastern portion of U.S. Fish and Wildlife Service
exhuming the wastes with earth-moving the property and drains towards the ultimately decided that the proposed
equipment and transportation of the northeast. There are two streams in the action (reclamation of the site) was not
material to an out-of-state disposal vicinity of Test Area C–74L. Rocky likely to adversely affect resources
facility. The risks include injury or Creek is located about 700 feet (213 protected by the Endangered Species
death from a construction or meters) south of the controlled area. A Act of 1973, as amended. This
transportation accident. tributary to Rocky Creek is located about conclusion was reported to the NRC by
There should be minimal risk to 1800 feet (549 meters) to the west of the letter dated February 25, 2004.
members of the public from exposure to site. A small dammed pond is located The surficial groundwater is about
radioactive wastes during transport within the western tributary. The 50–60 feet (15–18 meters) below land
because the radionuclides of concern groundwater flow is anticipated to have surface. Geologic literature indicates
will be dispersed within the soil, a southward component towards Rocky that the surficial aquifer beneath the site
contained in authorized shipping Creek. Therefore, the remediation of the extends to approximately 125 feet (38
containers, and shipped in accordance site has the potential for impacting the meters) below land surface. The
with U.S. Department of Transportation wildlife habitat in and around Rocky Pensacola Clay separates the surficial
requirements. Creek. aquifer from the underlying Floridian
The reclaimed material will be The NRC consulted with the U.S. Fish aquifer system. The Pensacola Clay
transported to an out-of-state low level & Wildlife Service because the layer is about 160 feet (49 meters) thick,
radioactive waste disposal facility reclamation of the site could have an meaning that the drinking water aquifer
licensed to accept and dispose of the impact on the habitat of a endangered is no less than 285 feet (87 meters)
wastes. The radiological health risks species, the Okaloosa darter. Okaloosa below the land surface. The
would be minimal to the workers of the darters are found only in the hydraulically impenetrable Pensacola
disposal facility, in part, because the Choctawhatchee Bay drainage in Clay layer would be expected to prevent
facility would have a radiation Florida, where they inhabit vegetated any contamination that might be present
protection program in place to protect sand runs of clear creeks. According to in the surficial groundwater from
its workers. However, there is still a the U.S. Fish & Wildlife Service, reaching the Floridian aquifer system
small risk of an occupational accident approximately 90 percent of the even if the surficial groundwater was
occurring while handling the waste watershed drainage area in which the contaminated with DU.
material. Okaloosa darter occurs is under the The licensee has conducted site
In summary, the combination of the management of Eglin AFB. characterization studies and concluded
NRC-approved DCGLs, the licensee’s To protect the darter’s habitat, the that the land surface contamination of
proposed final status survey results, and licensee has taken or plans to take DU has not impacted the groundwater.
the NRC’s confirmatory survey results several actions. First, an earthen berm Most contamination is found within the
should demonstrate that annual doses to currently exists on the southern portion first 6 inches (15 centimeters) of soil
future occupants of the site will be less of the radiologically restricted area. This except in selected locations. In these
than the NRC’s radiological criteria for berm is expected to help prevent discrete locations, contamination is no
unrestricted use of the facility. contaminated soil from leaving the more than 4 feet (1.2 meters) below the
Additional details of the licensee’s controlled area. Silt fencing will be used land surface. There are two drinking
radiation safety program and NRC- as necessary to supplement the berm. water wells in the vicinity of the site.
approved DCGLs will be provided in the Manual remediation of areas of elevated One is located onsite and is 644 feet
NRC’s Safety Analysis Report that will activities in lieu of heavy equipment (196 meters) deep. The second is located
be used to support the licensing will help reduce the need for a half-mile (0.8 kilometers) away and

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Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Notices 39807

has been permanently abandoned. The Agencies and Persons Contacted ML021990330, ML021990377,
onsite drinking water well was sampled ML021990737, ML021990743).
The NRC staff consulted with both the 3. Pugh, Capt. David L., Department of the
during 1983, and the sample result Florida State Historic Preservation Air Force Memorandum, ‘‘Clarification
indicated no measurable quantities of Officer and the local U.S. Fish & Request For C–74L Decommissioning Plan,’’
radioactive materials above background Wildlife Service office. The Florida November 1, 2002 (ML023370482,
values. Because the surficial Department of State, Division of ML023370535, ML023370648,
groundwater is located 50–60 feet (15– Historical Resources stated that no ML023370660, ML023370675,
18 meters) below surface, and the historic properties were known to exist ML023380282, ML023380332).
drinking water aquifer is located at least 4. Brockman, Ken E., NRC Letter to Air
in the area; therefore, the proposed Force, ‘‘Acknowledgment of Receipt of
285 feet (87 meters) below surface, the decommissioning will have no effect on Decommissioning Plan,’’ November 25, 2002
NRC concluded that the probability that historic properties. The U.S. Fish & (ML023290265).
DU contamination has impacted either Wildlife Service has informed the NRC 5. Spitzberg, D. Blair, NRC Memorandum,
the surficial or drinking water aquifer is that the proposed action (site ‘‘Notice of Consideration of Amendment
highly unlikely. reclamation) is not likely to adversely Request for Department of the Air Force,
affect protected resources including Eglin Air Force Base, Florida, and
Environmental Impacts of the Opportunity for Providing Comments and
Alternatives to the Proposed Action endangered species and critical habitats. Requesting a Hearing,’’ January 27, 2003
The NRC staff also consulted with the (ML030270180).
The licensee seeks NRC approval of Florida Department of Health, Bureau of 6. Brockman, Ken E., NRC Memorandum,
the DP. The alternatives to the proposed Radiation Control. By letter dated May ‘‘Regional Technical Assistance Request
action are: (1) The no-action alternative, 19, 2005, the State responded that it had Form,’’ January 29, 2003 (ML030300253).
or (2) to deny the amendment request no objections to the proposed EA and 7. Cain, Charles L., ‘‘NRC Inspection
and require the licensee to take some FONSI. Report 030–28641/2003–01,’’ February 11,
alternate action. 2003 (ML030420534).
III. Finding of No Significant Impact 8. Kokajko, Lawrence E., NRC
1. No-Action Alternative Memorandum, ‘‘Review of Derived
The NRC staff has concluded that the Concentration Guideline Levels (DCGLs) for
proposed action (amend the Air Force’s Eglin Air Force Base,’’ April 10, 2003
One alternative available to the NRC
license to approve the DP) complies (ML031000111).
is to take no action by denying the
with both the Timeliness Rule 9. Cain, Charles L., NRC Letter to Air
amendment request. Denial of the DP
requirements of 10 CFR 30.36 and Force, ‘‘Request for Additional Information
submittal would result in no change in Regarding Eglin Air Force Base
License Termination Rule requirements
current environmental conditions. The Decommissioning Plan,’’ April 24, 2003
of 10 CFR 20.1402. On the basis of this
no-action alternative is not a feasible (ML031140240).
EA, the NRC has concluded that there
alternative because it will result in 10. Spitzberg, D. Blair, NRC Letter to U.S.
are no significant environmental Fish & Wildlife Service, ‘‘Request for
violation of the NRC’s Timeliness Rule
impacts and the license amendment Comments Regarding Endangered/
(10 CFR 30.36), which requires licensees
does not warrant the preparation of an Threatened Species and Critical Habitats,’’
to decommission their facilities when
Environmental Impact Statement. June 9, 2003 (ML031600579).
licensed activities cease.
Accordingly, it has been determined 11. Spitzberg, D. Blair, NRC Letter to
2. Environmental Impacts of Alternative that a Finding of No Significant Impact Florida State Historic Preservation Officer,
2 is appropriate. ‘‘Request for Comments Regarding Cultural
and Historical Resources at Eglin Air Force
A second alternative is to deny the IV. Further Information Base,’’ June 9, 2003 (ML031600613).
licensee’s request in favor of alternate 12. Carmody, Gail A., U.S. Fish & Wildlife
A copy of this document will be
Service Letter to NRC, ‘‘Reclamation and
release criteria as allowed by § 20.1403 available electronically for public Decommissioning Uranium Munitions Site,
(criteria for restricted conditions) or inspection in the NRC Public Document Area C–74L,’’ July 7, 2003 (ML031920346).
§ 20.1404 (alternate criteria). However, Room or from the Publicly Available 13. Matthews, Janet Snyder, Florida
the NRC’s analysis confirmed that the Records (PARS) component of the Department of State Letter to NRC,
proposed action (approval of the DP as NRC’s document system. From this site, ‘‘Reclamation Activities Within a Four-Acre
submitted) meets the license you can access the NRC’s Agencywide Property at Test Area C–74L, Walton
termination requirements of § 20.1402. Document Access and Management County,’’ July 8, 2003 (ML032050604).
Accordingly, the NRC has determined 14. NRC, NUREG–1748, ‘‘Environmental
System (ADAMS), which provides text
Review Guidance for Licensing Actions
that the second alternative is not and image files of NRC’s public Associated With NMSS Programs,’’ July 2003
reasonable. Therefore, this alternative documents. The following references are (ML032540811).
action is eliminated from further available for inspection at NRC’s Public 15. Mather, Lt. Col. Kali K., Air Force
consideration in this EA. Electronic Reading Room at http:// Memorandum to NRC, ‘‘Supplement to the
www.nrc.gov/reading-rm/adams.html Decommissioning Plan for Test Area C–74L,
Conclusion Eglin AFB, FL,’’ August 21, 2003
(the Public Electronic Reading Room).
ADAMS accession numbers are located (ML032450123).
Based on its review, the NRC staff has 16. NRC, NUREG–1757, ‘‘Consolidated
concluded that the environmental in parentheses following the reference.
NMSS Decommissioning Guidance,’’
impacts associated with the proposed 1. NRC, ‘‘Generic Environmental Impact Volumes 1–3, September 2003
action do not warrant denial of the Statement in Support of Rulemaking on (ML032530410, ML032530405,
license amendment request. The NRC Radiological Criteria for License Termination ML032471471).
staff believes that the proposed action of NRC-Licensed Nuclear Facilities,’’ 17. Seiber, Stephen M., Air Force Letter to
will result in minimal environmental NUREG–1496, July 1997 (ML042310492). NRC, ‘‘No Effect Determination,’’ February
2. Pugh, Capt. David L., Department of the 11, 2004 (ML040430157).
impacts, including those to endangered Air Force Memorandum, ‘‘Review of 18. Spitzberg, D. Blair, NRC letter to U.S.
species and critical habitats. The staff Decommissioning Plan for Eglin AFB, Fish & Wildlife Services, ‘‘Request for
has determined that the proposed Florida,’’ May 24, 2002 (ML021970666, Comments Regarding Department of Air
action, approval of the DP, is the ML021970669, ML021980188, Force’s Determination of No Effect,’’
appropriate alternative for selection. ML021980239, ML021990724, February 18, 2004 (ML040690296).

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39808 Federal Register / Vol. 70, No. 131 / Monday, July 11, 2005 / Notices

19. Carmody, Gail A., U.S. Fish & Wildlife 611 Ryan Plaza Drive, Suite 400, collar markers in oil and gas wells in 10
Service’s Response to NRC’s Letter ‘‘Request Arlington, TX 76011. Telephone: (817) CFR 39.47, 10 CFR 30.71, and the
for Comments Regarding Department of Air 860–8197; fax number (817) 860–8263; activities authorized in the March 9,
Force’s Determination of No Effect,’’
e-mail: jew1@nrc.gov. 2002, license amendment to Core
February 25, 2004 (ML040690296).
20. Whitten, Jack E., NRC Letter to Air SUPPLEMENTARY INFORMATION: Laboratories’ byproduct material
Force, ‘‘Request for Additional Information license. The NRC has reviewed the
I. Introduction licensee’s amendment request and has
Regarding Eglin Air Force Base
Decommissioning Plan,’’ February 19, 2004 The U.S. Nuclear Regulatory developed this EA to assess the
(ML040500864). Commission (NRC) is considering the environmental consequences of this
21. Whitten, Jack E., ‘‘NRC Inspection issuance of a license amendment to licensing action using the guidance
Report 030–28641/04–001,’’ February 25, Material License No. 42–26928–01 provided in NUREG–1748,
2004 (ML040570122). Environmental Review Guidance for
issued to Core Laboratories, Inc., (dba
22. Abell, Capt. Clint E., Air Force
ProTechnics) to authorize the utilization Licensing Actions Associated with
Memorandum to NRC, ‘‘Decommissioning
Plan for Test Area C–74L, Eglin AFB, of cesium–137 in quantities in excess of NMSS Programs.
Florida,’’ October 27, 2004 (ML043410237). limits listed in 10 CFR 30.71 for well Proposed Action
23. Abell, Capt. Clint E., Air Force logging activities at temporary job sites
Memorandum to NRC, ‘‘Response to NRC where NRC maintains jurisdiction. The The proposed action is to amend the
Query of Decommissioning of Test Area C– NRC has prepared an Environmental license and modify the previous
74L, Eglin Air Force Base, Florida,’’ January Assessment (EA) in support of this exemption by approving the licensee’s
13, 2005 (ML050320251).
action in accordance with the request to use radioactive markers
24. Passetti, William A., Florida
requirements of 10 CFR Part 51. Based containing 100 µCi cesium–137 for use
Department of Health Letter to NRC, as pipe collar markers in oil and gas
‘‘Environmental Assessment for on the EA, the NRC has determined that
a Finding of No Significant Impact wells. This proposed activity exceeds
Decommissioning of Test Area C–74L at
Eglin Air Force Base,’’ May 19, 2005 (FONSI) is appropriate. The amendment the limits of radioactive markers
(ML051640567). will be issued following the publication authorized in 10 CFR 39.47 and 10 CFR
of this Notice. 30.71.
If you do not have access to ADAMS The radioactive markers Core
or if there are problems in accessing the II. Environmental Assessment Laboratories requested authorization to
documents located in ADAMS, contact use in well logging activities are either
the NRC Public Document Room (PDR) Background
installed directly in the pipe collars or
reference staff at (800) 397–4209, (301) Core Laboratories, Inc., (Core are placed on the pipe collar threads
415–4737 or by e-mail to pdr@nrc.gov. Laboratories) is a well logging licensee and secured between the pipe casing
Documents may also be viewed based in Houston, Texas, and conducts joints and are not easily removed. Once
electronically on the public computers tracer operations using radioactive installed in a well bore, the pipe casing
located at the NRC’s PDR, O 1 F21, One materials in oil and natural gas fields and collars are cemented into place.
White Flint North, 11555 Rockville worldwide. Core Laboratories is By letter dated July 14, 1997, Core
Pike, Rockville, MD 20852. The PDR licensed by both the NRC and Laboratories in its correspondence to
reproduction contractor will copy Agreement States (Louisiana, New NRC, describes the procedures it will
documents for a fee. Mexico, and Texas) to conduct well have in place involving the customer or
Dated at Arlington, Texas this 28th day of logging operations. well owner/operator. These procedures
June, 2005. By letter dated July 14, 1997, Core state, in part, that the customer or well
For the Nuclear Regulatory Commission. Laboratories requested that NRC grant owner/operator must contact Core
D. Blair Spitzberg, an amendment to allow the use of Laboratories in the event the radioactive
Chief, Fuel Cycle & Decommissioning Branch,
radioactive collar markers containing pipe collar markers must be removed.
Division of Nuclear Materials Safety, Region activities of byproduct material Core Laboratories will be available on
IV. exceeding the limits listed in 10 CFR site to secure and take possession of the
[FR Doc. E5–3629 Filed 7–8–05; 8:45 am] 30.71. An EA was written and based on collar markers upon their return to the
BILLING CODE 7590–01–P
the EA, the NRC concluded that a surface. Additionally, Core Laboratories
finding of no significant impact (FONSI) will provide the customer or well
was appropriate. The EA and the FONSI owner/operator a copy of Attachment
NUCLEAR REGULATORY were published in the 67 Federal XII–1 (Core Laboratories’ Radioactive
COMMISSION Register (FR) 5320, February 5, 2002. Collar Marker Utilization Log) as a
On March 9, 2002, Core Laboratories written record of the requirement to
[Docket No. 030–30429] was granted an amendment authorizing notify Core Laboratories if markers
an exemption to 10 CFR 30.71. This returned to the surface before a
Notice of Availability of Environmental
amendment authorized Core specified date.
Assessment and Finding of No
Laboratories to use pipe collar markers
Significant Impact for License The Need for the Proposed Action
containing iridium–192, scandium–46,
Amendment for Core Laboratories,
antimony–124, cobalt–60, and cesium– The proposed action is necessary so
Houston, TX
137 with activities up to 50 micro curies that Core Laboratories can efficiently
AGENCY: Nuclear Regulatory (µCi). carry out its business of well logging in
Commission. On February 23, 2004, Core the oil and gas industry. The need for
ACTION: Notice of Availability. Laboratories requested an amendment to an increase in activity for cesium-137 is
increase the activity of radioactive due to the heavier density of the
FOR FURTHER INFORMATION CONTACT: Jack markers containing cesium–137 from materials being used in the well logging
E. Whitten, Branch Chief, Nuclear the 50 µCi, previously approved, with application. The higher activity
Materials Licensing Branch, Division of activities up to 100 µCi. This 100 µCi radioactive markers will allow, when
Nuclear Materials Safety, Region RIV, activity exceeds the quantities of logging certain oil and gas wells, for
U.S. Nuclear Regulatory Commission, byproduct material listed for use as pipe more accurate pipe collar location

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