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Federal Register / Vol. 72, No.

182 / Thursday, September 20, 2007 / Notices 53801

fingerprint card (Form FD–258, Right To Correct and Complete 2. The licensee may not disclose the
ORIMDNRCOOOZ) or, where Information record or personal information collected
practicable, other fingerprint records for and maintained to persons other than
each individual seeking access to SGI, to Prior to any final adverse the subject individual, his/her
the Director of the Division of Facilities determination, the licensee shall make representative, or to those who have a
and Security, marked for the attention of available to the individual the contents need to access the information in
the Division’s Criminal History Check of any criminal records obtained from performing assigned duties in the
Section. Copies of these forms may be the FBI for the purpose of assuring process of determining access to
obtained by writing the Office of correct and complete information. Safeguards Information. No individual
Information Services, U.S. Nuclear Written confirmation by the individual authorized to have access to the
Regulatory Commission, Washington, of receipt of this notification must be information may re-disseminate the
DC 20555–0001, by calling (301) 415– maintained by the licensee for a period information to any other individual who
5877, or by e-mail to forms@nrc.gov. of one (1) year from the date of the does not have a need-to-know.
Practicable alternative formats are set notification. 3. The personal information obtained
forth in 10 CFR 73.4. The licensee shall If, after reviewing the record, an on an individual from a criminal history
establish procedures to ensure that the individual believes that it is incorrect or record check may be transferred to
quality of the fingerprints taken results incomplete in any respect and wishes to another licensee if the licensee holding
in minimizing the rejection rate of change, correct, or update the alleged the criminal history record check
fingerprint cards due to illegible or deficiency, or to explain any matter in receives the individual’s written request
the record, the individual may initiate to re-disseminate the information
incomplete cards.
challenge procedures. These procedures contained in his/her file, and the
The NRC will review submitted current licensee verifies information
include either direct application by the
fingerprint cards for completeness. Any such as the individual’s name, date of
individual challenging the record to the
Form FD–258 fingerprint record birth, social security number, sex, and
agency (i.e., law enforcement agency)
containing omissions or evident errors other applicable physical characteristics
that contributed the questioned
will be returned to the licensee for information, or direct challenge as to the for identification purposes.
corrections. The fee for processing accuracy or completeness of any entry 4. The licensee shall make criminal
fingerprint checks includes one re- on the criminal history record to the history records, obtained under this
submission if the initial submission is Assistant Director, Federal Bureau of section, available for examination by an
returned by the FBI because the Investigation, Identification Division, authorized representative of the NRC to
fingerprint impressions cannot be Washington, DC 20537–9700 (as set determine compliance with the
classified. The one free re-submission forth in 28 CFR 16.30 through 16.34). In regulations and laws.
must have the FBI Transaction Control 5. The licensee shall retain all
the latter case, the FBI forwards the
Number reflected on the re-submission. fingerprint and criminal history records
challenge to the agency that submitted
If additional submissions are necessary, received from the FBI, or a copy if the
the data and requests that agency to
they will be treated as initial submittals individual’s file has been transferred,
verify or correct the challenged entry.
and will require a second payment of for three (3) years after termination of
Upon receipt of an official
the processing fee. employment or determination of access
communication directly from the agency
Fees for processing fingerprint checks to SGI (whether access was approved or
that contributed the original
are due upon application. Licensees denied). After the required three (3) year
information, the FBI Identification
shall submit payment with the period, these documents shall be
Division makes any changes necessary
application for processing fingerprints destroyed by a method that will prevent
in accordance with the information
by corporate check, certified check, reconstruction of the information in
supplied by that agency. The licensee
cashier’s check, money order, or whole or in part.
must provide at least ten (10) days for
electronic payment, made payable to an individual to initiate an action [FR Doc. E7–18564 Filed 9–19–07; 8:45 am]
‘‘U.S. NRC.’’ [For guidance on making challenging the results of an FBI BILLING CODE 7590–01–P
electronic payments, contact the criminal history records check after the
Facilities Security Branch, Division of record is made available for his/her
Facilities and Security, at (301) 415– review. The licensee may make a final NUCLEAR REGULATORY
7404]. Combined payment for multiple SGI access determination based upon COMMISSION
applications is acceptable. The the criminal history record only upon [Docket No. 070–00348]
application fee (currently $27) is the receipt of the FBI’s ultimate
sum of the user fee charged by the FBI confirmation or correction of the record. Notice of Availability of Environmental
for each fingerprint card or other Upon a final adverse determination on Assessment and Finding of No
fingerprint record submitted by the NRC access to SGI, the licensee shall provide Significant Impact for License
on behalf of a licensee, and an NRC the individual its documented basis for Amendment to Special Nuclear
processing fee, which covers denial. Access to SGI shall not be Materials License No. SNM–348, for
administrative costs associated with granted to an individual during the Termination of the License and
NRC handling of licensee fingerprint review process. Unrestricted Release of the
submissions. The Commission will Department of the Army’s Facility in
directly notify licensees who are subject Protection of Information
Adelphi, MD
to this regulation of any fee changes. 1. Each licensee who obtains a AGENCY: Nuclear Regulatory
The Commission will forward to the criminal history record on an individual Commission.
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submitting licensee all data received pursuant to this Order shall establish
ACTION: Issuance of Environmental
from the FBI as a result of the licensee’s and maintain a system of files and
Assessment and Finding of No
application(s) for criminal history procedures for protecting the record and
Significant Impact for License
records checks, including the FBI the personal information from
Amendment.
fingerprint record. unauthorized disclosure.

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53802 Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Notices

FOR FURTHER INFORMATION CONTACT: survey and decontamination of the Achievable (ALARA) requirement of 10
Steve Hammann, Health Physicist, Facility. Based on the Licensee’s CFR 20.1402. The NRC thus finds that
Commercial and R&D Branch, Division historical knowledge of the site and the the Licensee’s final status survey results
of Nuclear Materials Safety, Region I, conditions of the Facility, the Licensee are acceptable.
King of Prussia, Pennsylvania, 19406; determined that only routine Based on its review, the staff has
telephone 610–337–5399; fax number decontamination activities, in determined that the affected
610–337–5269; or by e-mail: accordance with their NRC-approved, environment and any environmental
sth2@nrc.gov. operating radiation safety procedures, impacts associated with the proposed
SUPPLEMENTARY INFORMATION: were required. The Licensee was not action are bounded by the impacts
required to submit a decommissioning evaluated by the ‘‘Generic
I. Introduction plan to the NRC because worker cleanup Environmental Impact Statement in
The U.S. Nuclear Regulatory activities and procedures are consistent Support of Rulemaking on Radiological
Commission (NRC) is considering the with those approved for routine Criteria for License Termination of NRC-
issuance of a license amendment to operations. The Licensee conducted Licensed Nuclear Facilities’’ (NUREG–
Special Nuclear Materials License No. surveys of the Facility and provided 1496) Volumes 1–3 (ML042310492,
SNM–348. This license is held by information to the NRC to demonstrate ML042320379, and ML042330385). The
Department of the Army, U.S. Army that it meets the criteria in Subpart E of staff finds there were no significant
Research Center, Adelphi Laboratory 10 CFR Part 20 for unrestricted release environmental impacts from the use of
Center (the Licensee), for its Harry and for license termination. radioactive material at the Facility. The
Diamond Laboratories (the Facility), Need for the Proposed Action NRC staff reviewed the docket file
located at 2800 Powder Mill Road in records and the final status survey
The Licensee has ceased conducting
Adelphi, Maryland. Issuance of the report to identify any non-radiological
licensed activities at the Facility, and
amendment would authorize release of hazards that may have impacted the
seeks the unrestricted use of its Facility
the Facility for unrestricted use and environment surrounding the Facility.
and the termination of its NRC materials
termination of the NRC license. The No such hazards or impacts to the
license.
Licensee requested this action in a letter environment were identified. The NRC
dated February 20, 2007. The NRC has Environmental Impacts of the Proposed has identified no other radiological or
prepared an Environmental Assessment Action non-radiological activities in the area
(EA) in support of this proposed action The historical review of licensed that could result in cumulative
in accordance with the requirements of activities conducted at the Facility environmental impacts.
Title 10, Code of Federal Regulations shows that such activities involved use The NRC staff finds that the proposed
(CFR), Part 51 (10 CFR Part 51). Based of various radionuclides with half-lives release of the Facility for unrestricted
on the EA, the NRC has concluded that greater than 120 days. Prior to use and the termination of the NRC
a Finding of No Significant Impact performing the final status survey, the materials license is in compliance with
(FONSI) is appropriate with respect to Licensee conducted decontamination 10 CFR 20.1402. Based on its review,
the proposed action. The amendment activities, as necessary, in the areas of the staff considered the impact of the
will be issued to the Licensee following the Facility affected by these residual radioactivity at the Facility and
the publication of this FONSI and EA in radionuclides. concluded that the proposed action will
the Federal Register. The Licensee completed a final status not have a significant effect on the
II. Environmental Assessment survey on February 26, 2007. This quality of the human environment.
survey covered the radiation storage
Identification of Proposed Action Environmental Impacts of the
area/decontamination shower and the
Alternatives to the Proposed Action
The proposed action would approve four thousand gallon underground
the Licensee’s February 20, 2007 license storage tank. The final status survey Due to the largely administrative
amendment request, resulting in release report was attached to the Licensee’s nature of the proposed action, its
of the Facility for unrestricted use and amendment request dated February 20, environmental impacts are small.
the termination of its NRC materials 2007. The Licensee elected to Therefore, the only alternative the staff
license. License No. SNM–348 was demonstrate compliance with the considered is the no-action alternative,
issued on February 3, 1960, pursuant to radiological criteria for unrestricted under which the staff would leave
10 CFR Part 70, and has been amended release as specified in 10 CFR 20.1402 things as they are by simply denying the
periodically since that time. The by using the screening approach amendment request. This no-action
licensee moved from its original described in NUREG–1757, alternative is not feasible because it
location into the Facility in 1977. This ‘‘Consolidated NMSS Decommissioning conflicts with 10 CFR 70.38(d),
license authorized the Licensee to use Guidance,’’ Volume 2. The Licensee requiring that decommissioning of
special nuclear material for purposes of used the radionuclide-specific derived special nuclear material facilities be
storage only. concentration guideline levels (DCGLs), completed and approved by the NRC
The Facility is situated on developed there by the NRC, which after licensed activities cease. The
approximately 160 acres of land. The comply with the dose criterion in 10 NRC’s analysis of the Licensee’s final
building is 6000 square feet and consists CFR 20.1402. These DCGLs define the status survey data confirmed that the
of office space and laboratories. The maximum amount of residual Facility meets the requirements of 10
Facility is located in a mixed radioactivity on building surfaces, CFR 20.1402 for unrestricted release and
residential/commercial area. Within the equipment, and materials, and in soils, for license termination. Additionally,
Facility, use of licensed materials was that will satisfy the NRC requirements denying the amendment request would
jlentini on PROD1PC65 with NOTICES

confined to a 310 square foot radiation in Subpart E of 10 CFR Part 20 for result in no change in current
storage area and a 40 square foot unrestricted release. The Licensee’s environmental impacts. The
attached decontamination shower. final status survey results were below environmental impacts of the proposed
On January 27, 2005, the Licensee these DCGLs and are in compliance action and the no-action alternative are
ceased licensed activities and initiated a with the As Low As Reasonably therefore similar, and the no-action

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Federal Register / Vol. 72, No. 182 / Thursday, September 20, 2007 / Notices 53803

alternative is accordingly not further ‘‘Radiological Criteria for License U.S. Small Business Administration,
considered. Termination;’’ 409 3rd Street SW., Suite 6050,
3. Title 10, Code of Federal Washington, DC 20416.
Conclusion
Regulations, Part 51, ‘‘Environmental SUPPLEMENTARY INFORMATION: Notice is
The NRC staff has concluded that the Protection Regulations for Domestic hereby given that as a result of the
proposed action is consistent with the Licensing and Related Regulatory President’s major disaster declaration on
NRC’s unrestricted release criteria Functions;’’ 09/13/2007, applications for disaster
specified in 10 CFR 20.1402. Because 4. NUREG–1496, ‘‘Generic loans may be filed at the address listed
the proposed action will not Environmental Impact Statement in above or other locally announced
significantly impact the quality of the Support of Rulemaking on Radiological locations.
human environment, the NRC staff Criteria for License Termination of NRC- The following areas have been
concludes that the proposed action is Licensed Nuclear Facilities;’’ determined to be adversely affected by
the preferred alternative. 5. Notification Letter dated February the disaster:
Agencies and Persons Consulted 28, 2005 [ML051080172]; Primary Counties (Physical Damage and
6. Termination Request and Final Economic Injury Loans): Grand
NRC provided a draft of this Status Survey [ML070660139].
Environmental Assessment to the Forks.
If you do not have access to ADAMS, Contiguous Counties (Economic Injury
Maryland Department of Environmental or if there are problems in accessing the
Protection for review on June 12, 2007. Loans Only): North Dakota.
documents located in ADAMS, contact Nelson, Steele, Traill, Walsh.
On June 13, 2007, Maryland Department the NRC Public Document Room (PDR)
of the Environment responded by e- Minnesota.
Reference staff at 1–800–397–4209, 301– Marshall, POLK.
mail. The State agreed with the 415–4737, or by e-mail to pdr@nrc.gov.
conclusions of the EA, and otherwise The Interest Rates are:
These documents may also be viewed For Physical Disasters:
had no comments. electronically on the public computers
The NRC staff has determined that the located at the NRC’s PDR, O 1 F21, One
proposed action is of a procedural Percent
White Flint North, 11555 Rockville
nature, and will not affect listed species Pike, Rockville, MD 20852. The PDR Homeowners With Credit Avail-
or critical habitat. Therefore, no further reproduction contractor will copy able Elsewhere ......................... 6.250
consultation is required under Section 7 documents for a fee. Homeowners Without Credit
of the Endangered Species Act. The Available Elsewhere .................. 3.125
NRC staff has also determined that the Dated at King of Prussia, Pennsylvania this Businesses With Credit Available
13th day of September. Elsewhere ................................. 8.000
proposed action is not the type of
activity that has the potential to cause For The Nuclear Regulatory Commission. Other (Including Non-Profit Orga-
effects on historic properties. Therefore, James P. Dwyer, nizations) With Credit Available
Chief, Commercial and R&D Branch, Division Elsewhere ................................. 5.250
no further consultation is required
of Nuclear Materials Safety, Region I. Businesses And Non-Profit Orga-
under Section 106 of the National nizations Without Credit Avail-
Historic Preservation Act. [FR Doc. E7–18587 Filed 9–19–07; 8:45 am] able Elsewhere ......................... 4.000
BILLING CODE 7590–01–P
III. Finding of No Significant Impact
For Economic Injury:
The NRC staff has prepared this EA in Businesses & Small Agricultural
support of the proposed action. On the SMALL BUSINESS ADMINISTRATION Cooperatives Without Credit Available
basis of this EA, the NRC finds that Elsewhere: 4.000.
there are no significant environmental [Disaster Declaration #11035 and #11036]
The number assigned to this disaster
impacts from the proposed action, and for physical damage is 11035B and for
that preparation of an environmental North Dakota Disaster #ND–00009
economic injury is 110360.
impact statement is not warranted. AGENCY: U.S. Small Business
Accordingly, the NRC has determined (Catalog of Federal Domestic Assistance
Administration. Numbers 59002 and 59008)
that a Finding of No Significant Impact ACTION: Notice.
is appropriate. James E. Rivera,
IV. Further Information SUMMARY: This is a Notice of the Deputy Associate Administrator for Disaster
Presidential declaration of a major Assistance.
Documents related to this action, disaster for the State of North Dakota [FR Doc. E7–18581 Filed 9–19–07; 8:45 am]
including the application for license (FEMA–1726–DR), dated 09/13/2007. BILLING CODE 8025–01–P
amendment and supporting Incident: Severe Storms and Tornado.
documentation, are available Incident Period: 08/26/2007 through
electronically at the NRC’s Electronic 08/27/2007. SOCIAL SECURITY ADMINISTRATION
Reading Room at http://www.nrc.gov/
DATES: Effective Date: 09/13/2007.
reading-rm/adams.html. From this site, Agency Information Collection
Physical Loan Application Deadline
you can access the NRC’s Agencywide Activities: Proposed Request and
Date: 11/13/2007.
Document Access and Management Comment Request
Economic Injury (EIDL) Loan
System (ADAMS), which provides text
Application Deadline Date: 06/13/2008. The Social Security Administration
and image files of NRC’s public
documents. The documents related to ADDRESSES: Submit completed loan (SSA) publishes a list of information
this action are listed below, along with applications to: U.S. Small Business collection packages that will require
jlentini on PROD1PC65 with NOTICES

their ADAMS accession numbers. Administration, Processing And clearance by the Office of Management
1. NUREG–1757, ‘‘Consolidated Disbursement Center, 14925 Kingsport and Budget (OMB) in compliance with
NMSS Decommissioning Guidance;’’ Road, Fort Worth, TX 76155. Public Law 104–13, the Paperwork
2. Title 10 Code of Federal FOR FURTHER INFORMATION CONTACT: A. Reduction Act of 1995, effective October
Regulations, Part 20, Subpart E, Escobar, Office of Disaster Assistance, 1, 1995. The information collection

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