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									                                                                   Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices                                            52587

                                          not all, cases, the enforcement order                   of the date of this Order. Any answer or              with 10 CFR 51.22(c)(9). Thus, pursuant
                                          would be an order to modify the license                 request for a hearing shall set forth the             to either 10 CFR 51.10(d) or 51.22(c)(9),
                                          under 10 CFR 2.204 (now 10 CFR                          matters of fact and law on which the                  no environmental assessment nor
                                          2.202).                                                 licensee, or other person adversely                   environmental impact statement is
                                             Section 2.309 states the requirements                affected, relies and the reasons why the              required.
                                          for a person whose interest may be                      Order should not have been issued. Any                   For further information see the
                                          affected by any proceeding to initiate a                answer or request for a hearing shall be              application from the licensee dated
                                          hearing or to participate as a party.                   filed (1) by first class mail addressed to            December 29, 2005 (Agencywide
                                                                                                  the Office of the Secretary, U.S. Nuclear             Documents Access and Management
                                          III
                                                                                                  Regulatory Commission, Washington,                    System (ADAMS) Accession No.
                                             On December 29, 2005, as                             DC 20555–0001, Attention: Rulemaking                  ML062200390), as supplemented on
                                          supplemented on July 17, and August 4                   and Adjudications Staff; or (2) by                    July 17, and August 4 and 21, 2006
                                          and 21, 2006, the NRC staff received the                courier, express mail, and expedited                  (ADAMS Accession Nos. ML062220189,
                                          licensee’s conversion proposal,                         delivery services to the Office of the                ML062220278 and ML062410495), the
                                          including its proposed modifications                    Secretary, Sixteenth Floor, One White                 staff’s request for additional information
                                          and supporting safety analyses. HEU                     Flint North, 11555 Rockville Pike,                    dated June 1, 2006 (ADAMS Accession
                                          fuel elements are to be replaced with                   Rockville, Maryland 20852, Attention:                 No. ML061500125), and the cover letter
                                          LEU fuel elements. The reactor core                     Rulemaking and Adjudications Staff.                   to the licensee, attachments to the
                                          contains fuel bundles, each fuel bundle                 Because of continuing disruptions in                  Order, and the staff’s safety evaluation
                                          contains up to four fuel elements of the                delivery of mail to the United States                 dated September 1, 2006 (ADAMS
                                          TRIGA design, with the fuel consisting                  Government Offices, it is requested that              Accession No. ML062410474), available
                                          of uranium-zirconium hydride with 30                    answers and/or requests for hearing be                for public inspection at the
                                          weight percent uranium. These fuel                      transmitted to the Secretary of the                   Commission’s Public Document Room
                                          elements contain the uranium-235                        Commission either by e-mail addressed                 (PDR), located at One White Flint North,
                                          isotope at an enrichment of less than 20                to the Office of the Secretary, U.S.                  Public File Area O1 F21, 11555
                                          percent. The NRC staff reviewed the                     Nuclear Regulatory Commission,                        Rockville Pike (first floor), Rockville,
                                          licensee’s proposal and the                             hearingdocket@nrc.gov; or by facsimile                Maryland. Publicly available records
                                          requirements of 10 CFR 50.64 and has                    transmission addressed to the Office of               will be accessible electronically from
                                          determined that public health and safety                the Secretary, U.S. Nuclear Regulatory                the ADAMS Public Electronic Reading
                                          and common defense and security                         Commission, Washington, DC,                           Room on the Internet at the NRC Web
                                          require the licensee to convert the                     Attention: Rulemakings and                            site, http://www.nrc.gov/reading-rm/
                                          facility from the use of HEU to LEU fuel                Adjudications Staff at 301–415–1101                   adams.html. Persons who do not have
                                          in accordance with the attachments to                   (the verification number is 301–415–                  access to ADAMS or who have problems
                                          this Order and the schedule included                    1966). Copies of the request for hearing              in accessing the documents in ADAMS
                                          herein. The attachments to this Order                   must also be sent to the Director, Office             should contact the NRC PDR reference
                                          specify the changes to the License                      of Nuclear Reactor Regulation and to the              staff by telephone at 1–800–397–4209 or
                                          Conditions and Technical Specifications                 Assistant General Counsel for Materials               301–415–4737 or by e-mail to
                                          that are needed to amend the facility                   Litigation and Enforcement, Office of                 pdr@nrc.gov.
                                          license and contains an outline of a                    the General Counsel, with both copies                    Dated this 1st day of September 2006.
                                          reactor startup report to be submitted to               addressed to the U.S. Nuclear                            For the Nuclear Regulatory Commission.
                                          NRC within six months following                         Regulatory Commission, Washington,
                                                                                                                                                        J.E. Dyer,
                                          completion of LEU fuel loading.                         DC 20555–0001, and the NRC requests
                                                                                                  that a copy also be transmitted either by             Director, Office of Nuclear Reactor
                                          IV                                                      facsimile transmission to 301–415–3725
                                                                                                                                                        Regulation.
                                             Accordingly, pursuant to Sections 51,                or by e-mail to OGCMailCenter@nrc.gov.                [FR Doc. E6–14824 Filed 9–5–06; 8:45 am]
                                          53, 57, 101, 104, 161b, 161i, and 161o                     If a person requests a hearing, he or              BILLING CODE 7590–01–P

                                          of the Atomic Energy Act of 1954, as                    she shall set forth in the request for a
                                          amended, and to Commission                              hearing with particularity the manner in
                                          regulations in 10 CFR 2.202 and 10 CFR                  which his or her interest is adversely                NUCLEAR REGULATORY
                                          50.64, it is hereby ordered that:                       affected by this Order and shall address              COMMISSION
                                             Amended Facility Operating License                   the criteria set forth in 10 CFR 2.309.               [Docket No. 50–83; EA–06–210]
                                          No. R–83 is modified by amending the                       If a hearing is requested by a person
                                          License Conditions and Technical                        whose interest is adversely affected, the             In the Matter of University of Florida
                                          Specifications as stated in the                         Commission shall issue an Order                       (University of Florida Training
                                          attachments to this Order. The Order                    designating the time and place of any                 Reactor); Order Modifying Amended
                                          become effective on the later date of                   hearing. If a hearing is held, the issue to           Facility Operating License No. R–56
                                          either (1) the day the licensee receives                be considered at such hearing shall be
                                                                                                  whether this Order should be sustained.               I
                                          an adequate number and type of LEU
                                          fuel elements to operate the facility as                   In accordance with 10 CFR 51.10(d)                    The University of Florida (the
                                          specified in the licensee’s proposal, or                this Order is not subject to Section                  licensee) is the holder of Amended
                                          (2) 20 days after the date of publication               102(2) of the National Environmental                  Facility Operating License No. R–56 (the
                                          of this Order in the Federal Register.                  Policy Act, as amended. The NRC staff                 license) issued on May 21, 1959, by the
                                                                                                  notes, however, that with respect to                  U.S. Atomic Energy Commission, and
                                          V                                                       environmental impacts associated with                 subsequently renewed on August 30,
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                                             Pursuant to the Atomic Energy Act of                 the changes imposed by this Order as                  1982, by the U.S. Nuclear Regulatory
                                          1954, as amended any person adversely                   described in the safety evaluation, the               Commission (the NRC or the
                                          affected by this Order may submit an                    changes would, if imposed by other                    Commission). The license authorizes
                                          answer to this Order, and may request                   than an Order, meet the definition of a               operation of the University of Florida
                                          a hearing on this Order, within 20 days                 categorical exclusion in accordance                   Training Reactor (the facility) at a power


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                                          52588                    Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices

                                          level up to 100 kilowatts thermal. The                     Paragraph 50.64(c)(2)(iii) requires the            following completion of LEU fuel
                                          facility is a research reactor located on               licensee to include in the proposal, to               loading.
                                          the campus of the University of Florida,                the extent required to effect conversion,
                                                                                                                                                        IV
                                          in the city of Gainesville, Alachua                     all necessary changes to the license, to
                                          County, Florida. The mailing address is                 the facility, and to licensee procedures.                Accordingly, pursuant to Sections 51,
                                          Department of Nuclear and Radiological                  This paragraph also requires the                      53, 57, 101, 104, 161b, 161i, and 161o
                                          Engineering, 202 Nuclear Sciences                       licensee to submit supporting safety                  of the Atomic Energy Act of 1954, as
                                          Center, P.O. Box 118300, Gainesville,                   analyses in time to meet the conversion               amended, and to Commission
                                          Florida 32611–8300.                                     schedule.                                             regulations in 10 CFR 2.202 and 10 CFR
                                                                                                     Paragraph 50.64(c)(2)(iii) also requires           50.64, it is hereby ordered that:
                                          II                                                                                                               Amended Facility Operating License
                                                                                                  the Director to review the licensee
                                            On February 25, 1986, the                             proposal, to confirm the status of                    No. R–56 is modified by amending the
                                          Commission promulgated a final rule,                    Federal Government funding, and to                    License Conditions, Technical
                                          Title 10 of the Code of Federal                                                                               Specifications and Emergency Plan as
                                                                                                  determine a final schedule, if the
                                          Regulations (10 CFR) section 50.64,                                                                           stated in the attachments to this Order.
                                                                                                  licensee has submitted a schedule for
                                          limiting the use of high-enriched                                                                             License Condition 2.B.(2), allowing
                                                                                                  conversion.
                                          uranium (HEU) fuel in domestic non-                                                                           possession of LEU fuel, becomes
                                                                                                     Section 50.64(c)(3) requires the                   effective 20 days after the date of
                                          power reactors (research and test
                                                                                                  Director to review the supporting safety              publication of this Order in the Federal
                                          reactors) (see 51 FR 6514). The
                                                                                                  analyses and to issue an appropriate                  Register. All other changes become
                                          regulation, which became effective on
                                                                                                  enforcement order directing both the                  effective on the later date of either (1)
                                          March 27, 1986, requires that if Federal
                                                                                                  conversion and, to the extent consistent              the day the licensee receives an
                                          Government funding for conversion-
                                                                                                  with protection of public health and                  adequate number and type of LEU fuel
                                          related costs is available, each licensee
                                          of a non-power reactor authorized to use                safety, any necessary changes to the                  elements to operate the facility as
                                          HEU fuel shall replace it with low-                     license, the facility, and licensee                   specified in the licensee proposal, or (2)
                                          enriched uranium (LEU) fuel acceptable                  procedures. In the Federal Register                   20 days after the date of publication of
                                          to the Commission unless the                            notice of the final rule (51 FR 6514), the            this Order in the Federal Register.
                                          Commission has determined that the                      Commission explained that in most, if
                                                                                                  not all, cases, the enforcement order                 V
                                          reactor has a unique purpose. The
                                          Commission’s stated purpose for these                   would be an order to modify the license                  Pursuant to the Atomic Energy Act of
                                          requirements was to reduce, to the                      under 10 CFR 2.204 (now 10 CFR                        1954, as amended, any person adversely
                                          maximum extent possible, the use of                     2.202).                                               affected by this Order may submit an
                                          HEU fuel in order to reduce the risk of                    Section 2.309 states the requirements              answer to this Order, and may request
                                          theft and diversion of HEU fuel used in                 for a person whose interest may be                    a hearing on this Order, within 20 days
                                          non-power reactors.                                     affected by any proceeding to initiate a              of the date of this Order. Any answer or
                                            Paragraphs 50.64(b)(2)(i) and (ii)                    hearing or to participate as a party.                 request for a hearing shall set forth the
                                          require that a licensee of a non-power                                                                        matters of fact and law on which the
                                                                                                  III
                                          reactor (1) not acquire more HEU fuel if                                                                      person adversely affected, relies and the
                                          LEU fuel that is acceptable to the                         On December 2, 2005, as                            reasons why the Order should not have
                                          Commission for that reactor is available                supplemented on June 19 and 29, July                  been issued. Any answer or request for
                                          when the licensee proposes to acquire                   20 and 21, and August 4 and 22, 2006,                 a hearing shall be filed (1) by first class
                                          HEU fuel and (2) replace all HEU fuel                   the NRC staff received the licensee’s                 mail addressed to the Office of the
                                          in its possession with available LEU fuel               conversion proposal, including its                    Secretary, U.S. Nuclear Regulatory
                                          acceptable to the Commission for that                   proposed modifications and supporting                 Commission, Washington, DC 20555–
                                          reactor in accordance with a schedule                   safety analyses. HEU fuel elements are                0001, Attention: Rulemaking and
                                          determined pursuant to 10 CFR                           to be replaced with LEU fuel elements.                Adjudications Staff; or (2) by courier,
                                          50.64(c)(2).                                            The fuel elements contain fuel plates,                express mail, and expedited delivery
                                            Paragraph 50.64(c)(2)(i) requires,                    typical of the materials test reactor                 services to the Office of the Secretary,
                                          among other things, that each licensee                  design, with the fuel consisting of                   Sixteenth Floor, One White Flint North,
                                          of a non-power reactor authorized to                    uranium silicide dispersed in an                      11555 Rockville Pike, Rockville,
                                          possess and to use HEU fuel develop                     aluminum matrix. These plates contain                 Maryland 20852, Attention: Rulemaking
                                          and submit to the Director of the Office                the uranium-235 isotope at an                         and Adjudications Staff. Because of
                                          of Nuclear Reactor Regulation (Director)                enrichment of less than 20 percent. The               continuing disruptions in delivery of
                                          by March 27, 1987, and at 12-month                      NRC staff reviewed the licensee’s                     mail to the United States Government
                                          intervals thereafter, a written proposal                proposal and the requirements of 10                   Offices, it is requested that answers and/
                                          for meeting the requirements of the rule.               CFR 50.64 and has determined that                     or requests for hearing be transmitted to
                                          The licensee shall include in its                       public health and safety and common                   the Secretary of the Commission either
                                          proposal a certification that Federal                   defense and security require the                      by e-mail addressed to the Office of the
                                          Government funding for conversion is                    licensee to convert the facility from the             Secretary, U.S. Nuclear Regulatory
                                          available through the U.S. Department                   use of HEU to LEU fuel in accordance                  Commission, hearingdocket@nrc.gov; or
                                          of Energy or other appropriate Federal                  with the attachments to this Order and                by facsimile transmission addressed to
                                          agency and a schedule for conversion,                   the schedule included herein. The                     the Office of the Secretary, U.S. Nuclear
                                          based upon availability of replacement                  attachments to this Order specify the                 Regulatory Commission, Washington,
                                          fuel acceptable to the Commission for                   changes to the License Conditions,                    DC, Attention: Rulemakings and
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                                          that reactor and upon consideration of                  Technical Specifications and Emergency                Adjudications Staff at 301–415–1101
                                          other factors such as the availability of               Plan that are needed to amend the                     (the verification number is 301–415–
                                          shipping casks, implementation of                       facility license and contains an outline              1966). Copies of the request for hearing
                                          arrangements for available financial                    of a reactor startup report to be                     must also be sent to the Director, Office
                                          support, and reactor usage.                             submitted to NRC within six months                    of Nuclear Reactor Regulation and to the


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                                                                   Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices                                          52589

                                          Assistant General Counsel for Materials                 records will be accessible electronically             II. EA Summary
                                          Litigation and Enforcement, Office of                   from the ADAMS Public Electronic
                                          the General Counsel, with both copies                   Reading Room on the Internet at the                      The purpose of the proposed
                                          addressed to the U.S. Nuclear                           NRC Web site, http://www.nrc.gov/                     amendment is to authorize the
                                          Regulatory Commission, Washington,                      reading-rm/adams.html. Persons who                    establishment of ACLs instead of ground
                                          DC 20555–0001, and the NRC requests                     do not have access to ADAMS or who                    water protection standards for six
                                          that a copy also be transmitted either by               have problems in accessing the                        constituents at the Licensee’s Jeffrey
                                          facsimile transmission to 301–415–3725                  documents in ADAMS should contact                     City, Wyoming, facility. Specifically,
                                          or by e-mail to OGCMailCenter@nrc.gov.                  the NRC PDR reference staff by                        this amendment will establish ACLs for
                                             If a person requests a hearing, he or                telephone at 1–800–397–4209 or 301–                   ammonia, manganese, molybdenum,
                                          she shall set forth in the request for a                415–4737 or by e-mail to pdr@nrc.gov.                 nitrate, radium-226 and -228, and
                                          hearing with particularity the manner in                                                                      natural uranium. This amendment will
                                                                                                     Dated this 1st day of September 2006.
                                          which his or her interest is adversely                                                                        also require the Licensee to establish
                                          affected by this Order and shall address                   For the Nuclear Regulatory Commission.
                                                                                                  J. E. Dyer,                                           institutional controls on all properties
                                          the criteria set forth in 10 CFR 2.309.                                                                       within the long-term surveillance
                                             If a hearing is requested by a person                Director, Office of Nuclear Reactor
                                                                                                  Regulation.                                           boundary to preclude domestic ground
                                          whose interest is adversely affected, the
                                          Commission shall issue an Order                         [FR Doc. E6–14825 Filed 9–5–06; 8:45 am]              water use. On October 29, 1999, the
                                          designating the time and place of any                   BILLING CODE 7590–01–P
                                                                                                                                                        Licensee requested that NRC approve
                                          hearing. If a hearing is held, the issue to                                                                   the proposed amendment.
                                          be considered at such hearing shall be                                                                           The staff has prepared the EA in
                                          whether this Order should be sustained.                 NUCLEAR REGULATORY                                    support of the proposed license
                                             In accordance with 10 CFR 51.10(d)                   COMMISSION                                            amendment. The staff considered
                                          this Order is not subject to Section                    [Docket No. 40–1162]                                  impacts to ground water, surface water,
                                          102(2) of the National Environmental                                                                          land use, ecology, socioeconomic
                                          Policy Act, as amended. The NRC staff                   Notice of Availability of Environmental               conditions, and historical and cultural
                                          notes, however, that with respect to                    Assessment and Finding of No                          resources. Impacts to ground water are
                                          environmental impacts associated with                   Significant Impact for License                        mitigated by the use of institutional
                                          the changes imposed by this Order as                    Amendment for Western Nuclear, Inc.,                  controls that prevent human
                                          described in the safety evaluation, the                 Jeffrey City, WY                                      consumption of contaminated ground
                                          changes would, if imposed by other
                                          than an Order, meet the definition of a                 AGENCY: Nuclear Regulatory                            water within the long-term surveillance
                                          categorical exclusion in accordance                     Commission.                                           boundary. However, agricultural and
                                          with 10 CFR 51.22(c)(9) and (10). Thus,                 ACTION: Notice of availability.                       livestock uses have been preserved
                                          pursuant to either 10 CFR 51.10(d) or                                                                         within the long-term surveillance
                                          51.22(c)(9) and (10), no environmental                  FOR FURTHER INFORMATION CONTACT:                      boundary. A surface water and ground
                                          assessment nor environmental impact                     Stephen J. Cohen, Project Manager, Fuel               water monitoring program has been
                                          statement is required.                                  Cycle Facilities Branch, Division of Fuel             established to track ground water
                                             For further information see the                      Cycle Safety and Safeguards, Office of                contamination, and trigger levels for
                                          application from the licensee dated                     Nuclear Material Safety and Safeguards,               surface water and ground water have
                                          December 2, 2005 (Agencywide                            U.S. Nuclear Regulatory Commission,                   been established, the exceedance of
                                          Documents Access and Management                         Washington, DC 20555. Telephone:                      which would require a response from
                                          System (ADAMS) Accession No.                            (301) 415–7182; fax number: (301) 415–                the Licensee.
                                          ML062220375), as supplemented on                        5955; e-mail: sjc7@nrc.gov.
                                          June 19 (ADAMS Accession Nos.                           SUPPLEMENTARY INFORMATION:                            III. Finding of No Significant Impact
                                          ML061720498 and ML062220178) and
                                          29 (ADAMS Accession No.                                 I. Introduction                                         On the basis of the EA, the NRC has
                                          ML061840285), July 20 (ADAMS                               The U.S. Nuclear Regulatory                        concluded that there are no significant
                                          Accession No. ML062050252) and 21                       Commission (NRC) plans to issue a                     environmental impacts from the
                                          (ADAMS Accession No. ML062060139),                      license amendment to Source Materials                 proposed amendment and has
                                          and August 4 (ADAMS Accession No.                       License No. SUA–56 held by Western                    determined not to prepare an
                                          ML062350107) and 22 (ADAMS                              Nuclear, Inc. (the Licensee), to authorize            environmental impact statement.
                                          Accession No. ML062400265), 2006, the                   the establishment of alternate                        IV. Further Information
                                          staff’s requests for additional                         concentration limits (ACLs) at its Split
                                          information dated May 2 (ADAMS                          Rock uranium mill tailings site in Jeffrey              Documents related to this action,
                                          Accession No. ML061220262 with                          City, Wyoming. The NRC has prepared                   including the application for
                                          clarification dated May 18, 2006,                       an Environmental Assessment (EA) in                   amendment, the EA, and other
                                          ADAMS Accession No. ML061420119)                        support of the proposed action in                     supporting documentation, are available
                                          and 22, 2006 (ADAMS Accession No.                       accordance with the requirements of 10                electronically at the NRC’s Electronic
                                          ML061380167), and the cover letter to                   CFR part 51. Based on the EA, the NRC                 Reading Room at http://www.nrc.gov/
                                          the licensee, attachments to this Order                 has concluded that a Finding of No                    reading-rm/adams.html. From this site,
                                          and staff’s safety evaluation dated                     Significant Impact is appropriate. Final              you can access the NRC’s Agencywide
                                          September 1, 2006 (ADAMS Accession                      action on the Licensee’s amendment                    Document Access and Management
                                          No. ML062440086) available for public                   request will be taken following
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                                                                                                                                                        System (ADAMS), which provides text
                                          inspection at the Commission’s Public                   publication of this notice. The NRC will
                                                                                                                                                        and image files of NRC’s public
                                          Document Room (PDR), located at One                     issue a technical evaluation report
                                          White Flint North, Public File Area O1                  addressing the safety aspects of                      documents. The ADAMS accession
                                          F21, 11555 Rockville Pike (first floor),                establishing ACLs at the Licensee’s                   numbers for the documents related to
                                          Rockville, Maryland. Publicly available                 facility.                                             this notice are:



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