81_FR_29673 81 FR 29581 - GE Hitachi Nuclear Energy; Vallecitos Nuclear Center, Partial Site Release

81 FR 29581 - GE Hitachi Nuclear Energy; Vallecitos Nuclear Center, Partial Site Release

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 92 (May 12, 2016)

Page Range29581-29584
FR Document2016-11206

The U.S. Nuclear Regulatory Commission (NRC) is issuing an environmental assessment and finding of no significant impact regarding a partial site release for license Nos. DPR-1 (Vallecitos Boiling Water Reactor), R-33 (GE-Hitachi Nuclear Test Reactor), and DR-10 (Empire State Atomic Development Agency Vallecitos Experimental Superheat Reactor), issued to GE Hitachi Nuclear Energy at the Vallecitos Nuclear Center in Sunol, California.

Federal Register, Volume 81 Issue 92 (Thursday, May 12, 2016)
[Federal Register Volume 81, Number 92 (Thursday, May 12, 2016)]
[Notices]
[Pages 29581-29584]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-11206]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-18, 50-73 and 50-183; NRC-2015-0169]


GE Hitachi Nuclear Energy; Vallecitos Nuclear Center, Partial 
Site Release

AGENCY: Nuclear Regulatory Commission.

ACTION: Environmental assessment and finding of no significant impact; 
issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
environmental assessment and finding of no significant impact regarding 
a partial site release for license Nos. DPR-1 (Vallecitos Boiling Water 
Reactor), R-33 (GE-Hitachi Nuclear Test Reactor), and DR-10 (Empire 
State Atomic Development Agency Vallecitos Experimental Superheat 
Reactor), issued to GE Hitachi Nuclear Energy at the Vallecitos Nuclear 
Center in Sunol, California.

DATES: The environmental assessment and finding of no significant 
impact set forth in this document is available on May 12, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0169 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0169. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Jack Parrott, Division of 
Decommissioning, Uranium Recovery, and Waste Programs, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-00001; telephone: 301-415-6634; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC received, by letter dated April 24, 2015 (ADAMS Accession 
No. ML15114A437), a request from GE Hitachi Nuclear Energy (GEH or 
licensee) to approve a partial site release of a portion of its 
Vallecitos Nuclear Center (VNC) site located at 6705 Vallecitos Road, 
Sunol, California. The April 24, 2015 letter transmitted a report, 
entitled ``Release of North Section of Vallecitos, California Site,'' 
prepared by GEH evaluating the proposed release (ADAMS Accession No. 
ML15114A438). The VNC site contains four reactor units. Two of the four 
units are licensed as power reactors under part 50, ``Domestic 
Licensing of Production and Utilization Facilities,''

[[Page 29582]]

of title 10 of the Code of Federal Regulations (10 CFR part 50). These 
two units are the Vallecitos Boiling Water Reactor (VBWR), NRC License 
DPR-1, Docket 50-18, and the Empire State Atomic Development Agency 
Vallecitos Experimental Superheat Reactor (EVESR), NRC License DR-10, 
Docket 50-183. In accordance with 10 CFR 50.4(b)(8)-(9), the licensee 
has certified, pursuant to 10 CFR 50.82(a)(1), that both units have 
permanently ceased operation and that all nuclear fuel has been removed 
from the respective reactor vessels of both units. These units are 
presently in ``SAFSTOR'' \1\ status awaiting the termination of the 
power reactor licenses.
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    \1\ SAFSTOR is the decommissioning method in which a nuclear 
facility is placed and maintained in a condition that allows the 
safe storage of radioactive components of the nuclear plant and 
subsequent decontamination to levels that permit license 
termination.
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    The third reactor unit is a shutdown testing facility (also called 
a test reactor), the General Electric Test Reactor (GETR), NRC License 
TR-1, Docket 50-70. The GETR has also been defueled and is in a SAFSTOR 
status. The fourth reactor unit is a currently operating research 
reactor, the Nuclear Test Reactor (NTR), NRC License R-33, Docket 50-
73. The NRC is considering a license amendment application for the NTR 
that would modify the site description to remove the portion of the 
site requested by the licensee for release (see the connected action 
section of this notice).
    Research reactors and testing facilities are non-power reactors 
that are used for research and development, non-power commercial 
activities, medical therapy, education and training. Non-power reactors 
differ from power reactors in a number of significant ways. The purpose 
of a power reactor is to generate steam, which can be used to generate 
electricity; the purpose of a non-power reactor is to generate 
radiation for purposes of experimentation, research and development, 
commercial activities, medical therapy, education, and training. 
Therefore, non-power reactors operate at significantly lower power than 
power reactors and at lower temperatures and pressure. For these 
reasons, non-power reactors have smaller safety and environmental 
footprints than power reactors.
    In accordance with 10 CFR 50.83, ``Release of part of a power 
reactor facility or site for unrestricted use,'' the licensee requested 
release from the NRC licenses, for unrestricted use, an approximately 
247-hectare (610-acre) parcel in the northern section of the 
approximately 647-hectare (1,600 acre) VNC site. The licensee is 
declaring the parcel as a ``non-impacted area,'' which is defined in 10 
CFR 50.2 to mean an area ``with no reasonable potential for residual 
radioactivity in excess of natural background or fallout levels.'' If 
approved, the 247-hectare (610-acre) parcel will no longer be 
considered part of the licensed site and thus, no longer under NRC 
jurisdiction. Once released, the 247-hectare (610-acre) parcel will be 
available for unrestricted use. In this regard, GEH has indicated that 
it intends to sell the 247-hectare (610-acre) parcel to a non-GEH 
controlled entity.
    The NRC is considering approval of the requested partial site 
release for the VBWR and EVESR licenses at the VNC site. Therefore, in 
compliance with the National Environmental Policy Act, as amended, 42 
U.S.C. 4321 et seq. (NEPA), and its NEPA implementing regulations in 10 
CFR part 51, the NRC has prepared this Environmental Assessment (EA). 
The NRC is preparing this EA because the site was licensed prior to the 
enactment of NEPA, and as such, a Final Environmental Statement (FES) 
or an Environmental Impact Statement (EIS) were never prepared by the 
NRC's predecessor agency, the Atomic Energy Commission (AEC), when the 
site was first licensed. In accordance with 10 CFR 50.83(b)(5), if a 
FES or EIS had been previously prepared, and if the licensee had 
demonstrated that the environmental impacts associated with the 
proposed partial site release were bounded by the FES or EIS, then the 
preparation of an EA would not be necessary. As the EA preparation here 
is due simply to the absence of a FES or an EIS, the preparation of 
this EA should not be taken as precedent-setting for future NRC 
approvals of 10 CFR 50.83 partial site releases of non-impacted land 
where the NRC or the AEC had previously prepared a FES or an EIS and 
the licensee has demonstrated that any environmental impacts associated 
with the partial site release are bounded by that FES or EIS. Based on 
the results of the EA that follows, the NRC has determined not to 
prepare an EIS for the partial site release, and is issuing a finding 
of no significant impact.

II. Environmental Assessment

Description of the Proposed Action

    The proposed action would approve the release of a 247-hectare 
(610-acre), non-impacted parcel, located in the northern section of the 
approximately 647-hectare (1,600) acre VNC site, for unrestricted use. 
Once released, the 247-hectare (610-acre) parcel would no longer be 
part of the licensed site and thus, no longer under NRC 
jurisdiction.\2\ Under the applicable NRC regulation, 10 CFR 50.83(b), 
a licensee may submit a written request for the release of non-impacted 
land if a license amendment is not otherwise required. Pursuant to 10 
CFR 50.83(c), the NRC can approve such a partial release of non-
impacted land for unrestricted use in writing.
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    \2\ The NRC's organic statutory authority is the Atomic Energy 
Act of 1954, as amended, 42 U.S.C. 2011 et seq. (AEA). Under the 
AEA, the NRC's jurisdiction is limited to matters of radiological 
health and safety, for both members of the public and occupational 
workers, and of physical security for NRC licensed facilities and 
radioactive materials possessed by NRC licensees. The NRC holds no 
property interest in licensee owned or controlled lands nor does the 
NRC have any land or natural resources management authority.
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Need for the Proposed Action

    The licensee has requested the release of the 247-hectare (610-
acre), non-impacted parcel as the licensee has no current or projected 
operational need for this parcel at the licensed site. In fact, the 
licensee has never used the 247-hectare (610-acre) parcel for licensed 
operations. The licensee intends to sell the parcel to a non-GEH 
controlled entity. Once the NRC has approved the release, the 247-
hectare (610-acre) parcel can be made available for another use.

VNC Site

    VNC is located near the center of the Pleasanton quadrangle of 
Alameda County, California. The site is east of San Francisco Bay, 
approximately 56 air kilometers (35 air miles) east-southeast of San 
Francisco and 32 air kilometers (20 air miles) north of San Jose. The 
properties surrounding the site are primarily used for agriculture and 
cattle raising, with some residences, which are mostly to the west of 
the property. The nearest sizeable towns are Pleasanton located 6.6 
kilometers (4.1 miles) to the north-northwest and Livermore located 10 
kilometers (6.2 miles) to the northeast.
    The site is on the north side of Vallecitos Road (State Route 84), 
which is a two and four-lane paved highway. A Union Pacific railroad 
line lies about three kilometers (two miles) west of the site. There is 
light industrial activity within a 16-kilometer (10-mile) radius of the 
plant. San Jose (32 kilometers (20 miles) south), Oakland (48 
kilometers (30 miles) northwest) and San Francisco (56 kilometers (35 
miles) northwest) are major industrial centers. The property boundary, 
which has not changed since the original property purchase in 1956, is 
fenced and posted ``No Trespassing.'' A security gate at the entrance 
provides access control to the active area of the

[[Page 29583]]

site. The GEH evaluation report provides additional information about 
the site (ADAMS Accession No. ML15114A438).

Safety Evaluation of the Proposed Action

    The NRC staff evaluated the safety impacts of the proposed action 
and concludes that the requirements of 10 CFR 50.83, 10 CFR 50.59, and 
other applicable NRC regulations have been met (see ADAMS Accession No. 
ML16007A348).

Environmental Impacts of the Proposed Action

    The NRC staff evaluated the environmental impacts of the proposed 
action and concludes that the release of the 247-hectare (610-acre) 
parcel will not have any adverse environmental impacts. The 247-hectare 
(610-acre) parcel is located in the northern portion of the site. The 
parcel consists of undeveloped land and is currently used for cattle 
grazing. The land has not been used for the processing or storage of 
radioactive material. The properties surrounding the site are primarily 
used for agriculture and cattle raising, with some scattered residences 
mostly to the west of the property. The power reactors at the site have 
permanently ceased operations and are being maintained in a possession-
only SAFSTOR status. The release of the 247-hectare (610-acre) parcel 
will not impact the shutdown reactors. The licensee notes that the 247-
hectare (610-acre) parcel has never been used for licensed activity. 
The 247-hectare (610-acre) parcel is topographically uphill from the 
shutdown reactors so any surface or subsurface transport of liquid 
effluents from the active area of the site could not have impacted the 
parcel.
    There is no evidence of any radiological impact on the 247-hectare 
(610-acre) parcel. Samples taken in the area do not indicate impact 
from licensed activities. The licensee measured direct dose in and 
around the 247-hectare (610-acre) parcel and found that all 
measurements were consistent with a background direct dose measurement 
of approximately 0.7 mSieverts/yr (70 mRem/yr) (GEH Annual Report for 
2014, ADAMS Accession No. ML15069A472). The NRC verified that the area 
to be released was not radiologically impacted by licensed site 
activities, as described in NRC inspection report 050-00018/15-001 
(ADAMS Accession No. ML15303A361) dated October 30, 2015.
    The NRC staff reviewed the request and concluded that the 
environmental impacts associated with this request remain bounded by 
the environmental impacts evaluated in the previously issued ``Final 
Generic Environmental Impact Statement on Decommissioning of Nuclear 
Facilities,'' NUREG-0586, Supplement 1, Volume 1 (http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0586/s1/v1/index.html). 
NUREG-0586 evaluated the environmental impacts of the decommissioning 
of entire power reactor sites and facilities that have been impacted by 
operations. The release of a part of a power reactor site that has been 
demonstrated to not have been impacted by operations is within the 
scope of the evaluation performed in NUREG-0586. The NRC staff 
concludes that the proposed release of the 247-hectare (610-acre) 
parcel is bounded by NUREG-0586.
    The NRC has determined that the proposed release of the 247-hectare 
(610-acre) parcel is wholly procedural and administrative in nature, 
that the parcel is radiologically non-impacted, and that the licensee 
has no safety, physical security, or emergency preparedness need to 
retain the parcel. The environmental impacts associated with the 
shutdown power reactors will not change as a result of the proposed 
release of the 247-hectare (610-acre) parcel. The proposed release will 
not result in public or environmental exposure to radioactive 
contamination. There are no known records of any spills, leaks, or 
uncontrolled release of radioactive material on the 247-hectare (610-
acre parcel). The 247-hectare (610-acre) parcel was not used for any 
activities that could have contaminated the property. Therefore, there 
are no significant radiological environmental impacts associated with 
the proposed action.
    With regard to potential non-radiological impacts, the proposed 
release of the 247-hectare (610-acre) parcel from NRC jurisdiction does 
not involve or authorize any construction activities, renovation of 
buildings or structures, ground disturbing activities or other 
alteration to land. The proposed release of the 247-hectare (610-acre) 
parcel will not result in any change to current licensed activities on 
that portion of the site that will remain under NRC jurisdiction and 
therefore, will not result in any changes to the workforce or vehicular 
traffic. Furthermore, as the NRC has determined that the proposed 
release of the 247-hectare (610-acre) parcel is an administrative 
action, it is not a type of activity that has the potential to cause 
effects on historic properties or cultural resources, including 
traditional cultural properties. Similarly, the NRC staff has 
determined that the proposed release of the 247-hectare (610-acre) 
parcel will have no effect on listed species or critical habitat. In 
addition the proposed release of the 247-hectare (610-acre) parcel will 
not result in any change to non-radiological plant effluents and thus, 
will have no impact on either air or water quality. Therefore, there 
are no significant non-radiological environmental impacts associated 
with the proposed release of the 247-hectare (610-acre) parcel.
    Accordingly, the NRC staff concludes that there are no significant 
environmental impacts associated with the proposed action.

Connected Action

    In accordance with 10 CFR 50.90, GEH has also requested the 
amendment of its operating research reactor license for the NTR, NRC 
License R-33, Docket 50-73 to reflect the release of the 247-hectare 
(610-acre) parcel. Specifically, GEH has requested an amendment to the 
license's site description section. GEH submitted that license 
amendment request on February 16, 2015 (ADAMS Accession No. 
ML15048A008; attachments to the February 16, 2015 request are at ADAMS 
Accession Nos. ML15048A007, ML15048A009, ML15048A010, ML15048A011). The 
NRC approval or disapproval of the proposed NTR license amendment 
request will be handled administratively as a separate licensing 
matter. However, the NRC considers that this EA encompasses and 
otherwise bounds the environmental impacts of the proposed NTR license 
amendment request. As discussed in Section I, ``Introduction,'' of this 
notice, a non-power reactor has a much smaller safety and environmental 
footprint than a power reactor. In this regard, the NTR operates at a 
power level of 100 kilowatts-thermal. In contrast, the VBWR, the 
largest of the decommissioned power reactors at the site, operated at a 
much higher power level, 50 megawatts-thermal. As a further, 
comparison, a typical commercial nuclear power reactor is rated at 3000 
megawatts-thermal, and provides enough electricity to power 200,000 
households in the peak summer months. Because of this large difference 
in thermal power generated, the consequence of an accident at a non-
power reactor is much lower when compared to a commercial power 
reactor. For this reason, the NTR research reactors' emergency planning 
zones (EPZ) to protect the public from potential radiological accidents 
is well within the owner-controlled areas--and is the boundary of the 
room in which the reactor is housed. In accordance

[[Page 29584]]

with the guidance of ANSI/ANS 15.16-1982, ``Emergency Planning for 
Research Reactors'', the operations boundary is defined as the EPZ 
boundary for each reactor facility. For the NTR, the operations 
boundary is defined by the portions of Building 105 occupied by NTR 
facilities. The NRC staff has concluded that the environmental impacts 
of reducing the licensed site would be similarly bounded and that there 
would be no environmental impact associated with the continued 
operation of the NTR in relation to the proposed release of the 247-
hectare (610-acre) parcel.
    The shutdown, defueled testing facility, the GETR, NRC License TR-
1, Docket 50-70 is not the subject of any license amendment request. 
The GETR is in SAFSTOR status. The GETR license does not contain a site 
description and as such, there is no need to amend the GETR license to 
reflect the release of the 247-hectare (610-acre) parcel. In any event, 
the NRC staff considers this EA to encompass and bound any 
environmental impacts resulting from the proposed release of the 247-
hectare (610-acre) parcel in relation to the ongoing shutdown, SAFSTOR 
status of the GETR.

Environmental Impacts of the Alternatives to the Proposed Action

    As an alternative to the proposed action, the NRC staff considered 
denial of the proposed release of the 247-hectare (610-acre) parcel 
(i.e., the ``no-action'' alternative). Denial of the request would 
result in the 247-hectare (610-acre) parcel remaining part of the 
licensed site and subject to NRC jurisdiction. As the licensee has no 
need for the parcel, its current use as a site for cattle grazing would 
most likely continue. As there is no policy or regulatory reason for 
the NRC to require a licensee to retain land that is not radiologically 
impacted and for which the licensee has no further operational need, 
the no-action alternative is not further considered.

Conclusion

    The NRC staff has concluded that the proposed action will not 
significantly impact the quality of the human environment, and that the 
proposed action is the preferred alternative.

Agencies and Persons Consulted

    The NRC contacted the California Department of Public Health 
concerning this request. There were no comments, concerns or objections 
from the State official.
    A public meeting to obtain comments on the release approval request 
was announced on the NRC public meeting Web site on July 7, 2015 (ADAMS 
Accession No. ML15188A344). A notice of GEH's request to release the 
247-hectare (610-acre) parcel and the public meeting, including a 
request for comment, was also published in the Tri-Valley Herald, 
Livermore, CA on July 15, 2015 (ADAMS Accession No. ML15292A519). The 
NRC staff published a notice of the receipt of GEH's request, including 
a request for comment, in the Federal Register on July 20, 2015 (80 FR 
42846). The NRC staff conducted the public meeting in Pleasanton, CA on 
July 22, 2015. A summary of the public meeting, which includes copies 
of the presentations made and a copy of the transcript of the meeting, 
is available in ADAMS at Accession No. ML15260A199. No comments were 
made on the Federal Rulemaking Web site, or were received by mail or 
email, and all questions asked at the meeting were answered in the 
meeting.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA as part of its review of the 
proposed action. On the basis of this EA, the NRC finds that there are 
no significant environmental impacts from the proposed action, and that 
preparation of an environmental impact statement is not warranted. 
Accordingly, the NRC has determined that a finding of no significant 
impact (FONSI) is appropriate. In accordance with 10 CFR 51.32(a)(4), 
this FONSI incorporates the EA set forth in this notice by reference.

    Dated at Rockville, Maryland, this 4th day of May 2016.

    For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery, and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-11206 Filed 5-11-16; 8:45 am]
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                                                    5:30 p.m., June 9, 2016 8:30 a.m.–3:30                  GE Hitachi Nuclear Energy; Vallecitos                 Parrott, Division of Decommissioning,
                                                    p.m.                                                    Nuclear Center, Partial Site Release                  Uranium Recovery, and Waste
                                                      Place: National Science Foundation                                                                          Programs, Office of Nuclear Material
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                                                      Type of Meeting: Open.
                                                                                                            SUMMARY:    The U.S. Nuclear Regulatory               I. Introduction
                                                      Contact Person: Dr. Bernice
                                                                                                            Commission (NRC) is issuing an
                                                    Anderson, Senior Advisor and CEOSE                                                                               The NRC received, by letter dated
                                                                                                            environmental assessment and finding
                                                    Executive Secretary, Office of                                                                                April 24, 2015 (ADAMS Accession No.
                                                                                                            of no significant impact regarding a
                                                    Integrative Activities (OIA), National                                                                        ML15114A437), a request from GE
                                                                                                            partial site release for license Nos. DPR–
                                                    Science Foundation, 4201 Wilson                                                                               Hitachi Nuclear Energy (GEH or
                                                                                                            1 (Vallecitos Boiling Water Reactor), R–
                                                    Boulevard, Arlington, VA 22230.                                                                               licensee) to approve a partial site release
                                                                                                            33 (GE-Hitachi Nuclear Test Reactor),
                                                    Contact Information: 703–292–8040/                                                                            of a portion of its Vallecitos Nuclear
                                                                                                            and DR–10 (Empire State Atomic
                                                    banderso@nsf.gov.                                                                                             Center (VNC) site located at 6705
                                                                                                            Development Agency Vallecitos
                                                      Minutes: Meeting minutes and other                                                                          Vallecitos Road, Sunol, California. The
                                                                                                            Experimental Superheat Reactor), issued
                                                    information may be obtained from the                                                                          April 24, 2015 letter transmitted a
                                                                                                            to GE Hitachi Nuclear Energy at the
                                                    CEOSE Executive Secretary at the above                                                                        report, entitled ‘‘Release of North
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                                                                                                            Vallecitos Nuclear Center in Sunol,
                                                    address or the Web site at http://                                                                            Section of Vallecitos, California Site,’’
                                                                                                            California.
                                                    www.nsf.gov/od/oia/activities/ceose/                                                                          prepared by GEH evaluating the
                                                    index.jsp.                                              DATES:  The environmental assessment                  proposed release (ADAMS Accession
                                                      Purpose of Meeting: To study data,                    and finding of no significant impact set              No. ML15114A438). The VNC site
                                                    programs, policies, and other                           forth in this document is available on                contains four reactor units. Two of the
                                                    information pertinent to the National                   May 12, 2016.                                         four units are licensed as power reactors
                                                    Science Foundation and to provide                       ADDRESSES: Please refer to Docket ID                  under part 50, ‘‘Domestic Licensing of
                                                    advice and recommendations                              NRC–2015–0169 when contacting the                     Production and Utilization Facilities,’’


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                                                    29582                          Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices

                                                    of title 10 of the Code of Federal                      VNC site. The licensee is declaring the               thus, no longer under NRC jurisdiction.2
                                                    Regulations (10 CFR part 50). These two                 parcel as a ‘‘non-impacted area,’’ which              Under the applicable NRC regulation, 10
                                                    units are the Vallecitos Boiling Water                  is defined in 10 CFR 50.2 to mean an                  CFR 50.83(b), a licensee may submit a
                                                    Reactor (VBWR), NRC License DPR–1,                      area ‘‘with no reasonable potential for               written request for the release of non-
                                                    Docket 50–18, and the Empire State                      residual radioactivity in excess of                   impacted land if a license amendment is
                                                    Atomic Development Agency Vallecitos                    natural background or fallout levels.’’ If            not otherwise required. Pursuant to 10
                                                    Experimental Superheat Reactor                          approved, the 247-hectare (610-acre)                  CFR 50.83(c), the NRC can approve such
                                                    (EVESR), NRC License DR–10, Docket                      parcel will no longer be considered part              a partial release of non-impacted land
                                                    50–183. In accordance with 10 CFR                       of the licensed site and thus, no longer              for unrestricted use in writing.
                                                    50.4(b)(8)–(9), the licensee has certified,             under NRC jurisdiction. Once released,                Need for the Proposed Action
                                                    pursuant to 10 CFR 50.82(a)(1), that                    the 247-hectare (610-acre) parcel will be
                                                    both units have permanently ceased                      available for unrestricted use. In this                 The licensee has requested the release
                                                    operation and that all nuclear fuel has                 regard, GEH has indicated that it                     of the 247-hectare (610-acre), non-
                                                    been removed from the respective                        intends to sell the 247-hectare (610-acre)            impacted parcel as the licensee has no
                                                    reactor vessels of both units. These units              parcel to a non-GEH controlled entity.                current or projected operational need for
                                                    are presently in ‘‘SAFSTOR’’ 1 status                      The NRC is considering approval of                 this parcel at the licensed site. In fact,
                                                    awaiting the termination of the power                   the requested partial site release for the            the licensee has never used the 247-
                                                    reactor licenses.                                       VBWR and EVESR licenses at the VNC                    hectare (610-acre) parcel for licensed
                                                       The third reactor unit is a shutdown                 site. Therefore, in compliance with the               operations. The licensee intends to sell
                                                    testing facility (also called a test                    National Environmental Policy Act, as                 the parcel to a non-GEH controlled
                                                    reactor), the General Electric Test                     amended, 42 U.S.C. 4321 et seq.                       entity. Once the NRC has approved the
                                                    Reactor (GETR), NRC License TR–1,                       (NEPA), and its NEPA implementing                     release, the 247-hectare (610-acre)
                                                    Docket 50–70. The GETR has also been                    regulations in 10 CFR part 51, the NRC                parcel can be made available for another
                                                    defueled and is in a SAFSTOR status.                    has prepared this Environmental                       use.
                                                    The fourth reactor unit is a currently                  Assessment (EA). The NRC is preparing                 VNC Site
                                                    operating research reactor, the Nuclear                 this EA because the site was licensed
                                                    Test Reactor (NTR), NRC License R–33,                                                                            VNC is located near the center of the
                                                                                                            prior to the enactment of NEPA, and as
                                                    Docket 50–73. The NRC is considering                                                                          Pleasanton quadrangle of Alameda
                                                                                                            such, a Final Environmental Statement
                                                    a license amendment application for the                                                                       County, California. The site is east of
                                                                                                            (FES) or an Environmental Impact
                                                    NTR that would modify the site                                                                                San Francisco Bay, approximately 56 air
                                                                                                            Statement (EIS) were never prepared by                kilometers (35 air miles) east-southeast
                                                    description to remove the portion of the                the NRC’s predecessor agency, the
                                                    site requested by the licensee for release                                                                    of San Francisco and 32 air kilometers
                                                                                                            Atomic Energy Commission (AEC),                       (20 air miles) north of San Jose. The
                                                    (see the connected action section of this               when the site was first licensed. In
                                                    notice).                                                                                                      properties surrounding the site are
                                                                                                            accordance with 10 CFR 50.83(b)(5), if                primarily used for agriculture and cattle
                                                       Research reactors and testing facilities             a FES or EIS had been previously
                                                    are non-power reactors that are used for                                                                      raising, with some residences, which are
                                                                                                            prepared, and if the licensee had                     mostly to the west of the property. The
                                                    research and development, non-power                     demonstrated that the environmental
                                                    commercial activities, medical therapy,                                                                       nearest sizeable towns are Pleasanton
                                                                                                            impacts associated with the proposed                  located 6.6 kilometers (4.1 miles) to the
                                                    education and training. Non-power                       partial site release were bounded by the
                                                    reactors differ from power reactors in a                                                                      north-northwest and Livermore located
                                                                                                            FES or EIS, then the preparation of an                10 kilometers (6.2 miles) to the
                                                    number of significant ways. The
                                                                                                            EA would not be necessary. As the EA                  northeast.
                                                    purpose of a power reactor is to generate
                                                                                                            preparation here is due simply to the                    The site is on the north side of
                                                    steam, which can be used to generate
                                                                                                            absence of a FES or an EIS, the                       Vallecitos Road (State Route 84), which
                                                    electricity; the purpose of a non-power
                                                                                                            preparation of this EA should not be                  is a two and four-lane paved highway.
                                                    reactor is to generate radiation for
                                                                                                            taken as precedent-setting for future                 A Union Pacific railroad line lies about
                                                    purposes of experimentation, research
                                                                                                            NRC approvals of 10 CFR 50.83 partial                 three kilometers (two miles) west of the
                                                    and development, commercial activities,
                                                                                                            site releases of non-impacted land                    site. There is light industrial activity
                                                    medical therapy, education, and
                                                                                                            where the NRC or the AEC had                          within a 16-kilometer (10-mile) radius
                                                    training. Therefore, non-power reactors
                                                                                                            previously prepared a FES or an EIS and               of the plant. San Jose (32 kilometers (20
                                                    operate at significantly lower power
                                                    than power reactors and at lower                        the licensee has demonstrated that any                miles) south), Oakland (48 kilometers
                                                    temperatures and pressure. For these                    environmental impacts associated with                 (30 miles) northwest) and San Francisco
                                                    reasons, non-power reactors have                        the partial site release are bounded by               (56 kilometers (35 miles) northwest) are
                                                    smaller safety and environmental                        that FES or EIS. Based on the results of              major industrial centers. The property
                                                    footprints than power reactors.                         the EA that follows, the NRC has                      boundary, which has not changed since
                                                       In accordance with 10 CFR 50.83,                     determined not to prepare an EIS for the              the original property purchase in 1956,
                                                    ‘‘Release of part of a power reactor                    partial site release, and is issuing a                is fenced and posted ‘‘No Trespassing.’’
                                                    facility or site for unrestricted use,’’ the            finding of no significant impact.                     A security gate at the entrance provides
                                                    licensee requested release from the NRC                 II. Environmental Assessment                          access control to the active area of the
                                                    licenses, for unrestricted use, an
                                                    approximately 247-hectare (610-acre)                    Description of the Proposed Action
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                                                                                                                                                                    2 The NRC’s organic statutory authority is the

                                                    parcel in the northern section of the                     The proposed action would approve                   Atomic Energy Act of 1954, as amended, 42 U.S.C.
                                                                                                                                                                  2011 et seq. (AEA). Under the AEA, the NRC’s
                                                    approximately 647-hectare (1,600 acre)                  the release of a 247-hectare (610-acre),              jurisdiction is limited to matters of radiological
                                                                                                            non-impacted parcel, located in the                   health and safety, for both members of the public
                                                       1 SAFSTOR is the decommissioning method in           northern section of the approximately                 and occupational workers, and of physical security
                                                    which a nuclear facility is placed and maintained       647-hectare (1,600) acre VNC site, for                for NRC licensed facilities and radioactive materials
                                                    in a condition that allows the safe storage of                                                                possessed by NRC licensees. The NRC holds no
                                                    radioactive components of the nuclear plant and
                                                                                                            unrestricted use. Once released, the 247-             property interest in licensee owned or controlled
                                                    subsequent decontamination to levels that permit        hectare (610-acre) parcel would no                    lands nor does the NRC have any land or natural
                                                    license termination.                                    longer be part of the licensed site and               resources management authority.



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                                                                                   Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices                                            29583

                                                    site. The GEH evaluation report                         remain bounded by the environmental                   determined that the proposed release of
                                                    provides additional information about                   impacts evaluated in the previously                   the 247-hectare (610-acre) parcel will
                                                    the site (ADAMS Accession No.                           issued ‘‘Final Generic Environmental                  have no effect on listed species or
                                                    ML15114A438).                                           Impact Statement on Decommissioning                   critical habitat. In addition the proposed
                                                                                                            of Nuclear Facilities,’’ NUREG–0586,                  release of the 247-hectare (610-acre)
                                                    Safety Evaluation of the Proposed
                                                                                                            Supplement 1, Volume 1 (http://                       parcel will not result in any change to
                                                    Action
                                                                                                            www.nrc.gov/reading-rm/doc-                           non-radiological plant effluents and
                                                      The NRC staff evaluated the safety                    collections/nuregs/staff/sr0586/s1/v1/                thus, will have no impact on either air
                                                    impacts of the proposed action and                      index.html). NUREG–0586 evaluated the                 or water quality. Therefore, there are no
                                                    concludes that the requirements of 10                   environmental impacts of the                          significant non-radiological
                                                    CFR 50.83, 10 CFR 50.59, and other                      decommissioning of entire power                       environmental impacts associated with
                                                    applicable NRC regulations have been                    reactor sites and facilities that have been           the proposed release of the 247-hectare
                                                    met (see ADAMS Accession No.                            impacted by operations. The release of                (610-acre) parcel.
                                                    ML16007A348).                                           a part of a power reactor site that has                 Accordingly, the NRC staff concludes
                                                    Environmental Impacts of the Proposed                   been demonstrated to not have been                    that there are no significant
                                                    Action                                                  impacted by operations is within the                  environmental impacts associated with
                                                                                                            scope of the evaluation performed in                  the proposed action.
                                                       The NRC staff evaluated the                          NUREG–0586. The NRC staff concludes
                                                    environmental impacts of the proposed                                                                         Connected Action
                                                                                                            that the proposed release of the 247-
                                                    action and concludes that the release of                hectare (610-acre) parcel is bounded by                  In accordance with 10 CFR 50.90,
                                                    the 247-hectare (610-acre) parcel will                  NUREG–0586.                                           GEH has also requested the amendment
                                                    not have any adverse environmental                         The NRC has determined that the                    of its operating research reactor license
                                                    impacts. The 247-hectare (610-acre)                     proposed release of the 247-hectare                   for the NTR, NRC License R–33, Docket
                                                    parcel is located in the northern portion               (610-acre) parcel is wholly procedural                50–73 to reflect the release of the 247-
                                                    of the site. The parcel consists of                     and administrative in nature, that the                hectare (610-acre) parcel. Specifically,
                                                    undeveloped land and is currently used                  parcel is radiologically non-impacted,                GEH has requested an amendment to the
                                                    for cattle grazing. The land has not been               and that the licensee has no safety,                  license’s site description section. GEH
                                                    used for the processing or storage of                   physical security, or emergency                       submitted that license amendment
                                                    radioactive material. The properties                    preparedness need to retain the parcel.               request on February 16, 2015 (ADAMS
                                                    surrounding the site are primarily used                 The environmental impacts associated                  Accession No. ML15048A008;
                                                    for agriculture and cattle raising, with                with the shutdown power reactors will                 attachments to the February 16, 2015
                                                    some scattered residences mostly to the                 not change as a result of the proposed                request are at ADAMS Accession Nos.
                                                    west of the property. The power reactors                release of the 247-hectare (610-acre)                 ML15048A007, ML15048A009,
                                                    at the site have permanently ceased                     parcel. The proposed release will not                 ML15048A010, ML15048A011). The
                                                    operations and are being maintained in                  result in public or environmental                     NRC approval or disapproval of the
                                                    a possession-only SAFSTOR status. The                   exposure to radioactive contamination.                proposed NTR license amendment
                                                    release of the 247-hectare (610-acre)                   There are no known records of any                     request will be handled administratively
                                                    parcel will not impact the shutdown                     spills, leaks, or uncontrolled release of             as a separate licensing matter. However,
                                                    reactors. The licensee notes that the                   radioactive material on the 247-hectare               the NRC considers that this EA
                                                    247-hectare (610-acre) parcel has never                 (610-acre parcel). The 247-hectare (610-              encompasses and otherwise bounds the
                                                    been used for licensed activity. The 247-               acre) parcel was not used for any                     environmental impacts of the proposed
                                                    hectare (610-acre) parcel is                            activities that could have contaminated               NTR license amendment request. As
                                                    topographically uphill from the                         the property. Therefore, there are no                 discussed in Section I, ‘‘Introduction,’’
                                                    shutdown reactors so any surface or                     significant radiological environmental                of this notice, a non-power reactor has
                                                    subsurface transport of liquid effluents                impacts associated with the proposed                  a much smaller safety and
                                                    from the active area of the site could not              action.                                               environmental footprint than a power
                                                    have impacted the parcel.                                  With regard to potential non-                      reactor. In this regard, the NTR operates
                                                       There is no evidence of any                          radiological impacts, the proposed                    at a power level of 100 kilowatts-
                                                    radiological impact on the 247-hectare                  release of the 247-hectare (610-acre)                 thermal. In contrast, the VBWR, the
                                                    (610-acre) parcel. Samples taken in the                 parcel from NRC jurisdiction does not                 largest of the decommissioned power
                                                    area do not indicate impact from                        involve or authorize any construction                 reactors at the site, operated at a much
                                                    licensed activities. The licensee                       activities, renovation of buildings or                higher power level, 50 megawatts-
                                                    measured direct dose in and around the                  structures, ground disturbing activities              thermal. As a further, comparison, a
                                                    247-hectare (610-acre) parcel and found                 or other alteration to land. The proposed             typical commercial nuclear power
                                                    that all measurements were consistent                   release of the 247-hectare (610-acre)                 reactor is rated at 3000 megawatts-
                                                    with a background direct dose                           parcel will not result in any change to               thermal, and provides enough electricity
                                                    measurement of approximately 0.7                        current licensed activities on that                   to power 200,000 households in the
                                                    mSieverts/yr (70 mRem/yr) (GEH                          portion of the site that will remain                  peak summer months. Because of this
                                                    Annual Report for 2014, ADAMS                           under NRC jurisdiction and therefore,                 large difference in thermal power
                                                    Accession No. ML15069A472). The NRC                     will not result in any changes to the                 generated, the consequence of an
                                                    verified that the area to be released was               workforce or vehicular traffic.                       accident at a non-power reactor is much
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                                                    not radiologically impacted by licensed                 Furthermore, as the NRC has                           lower when compared to a commercial
                                                    site activities, as described in NRC                    determined that the proposed release of               power reactor. For this reason, the NTR
                                                    inspection report 050–00018/15–001                      the 247-hectare (610-acre) parcel is an               research reactors’ emergency planning
                                                    (ADAMS Accession No. ML15303A361)                       administrative action, it is not a type of            zones (EPZ) to protect the public from
                                                    dated October 30, 2015.                                 activity that has the potential to cause              potential radiological accidents is well
                                                       The NRC staff reviewed the request                   effects on historic properties or cultural            within the owner-controlled areas—and
                                                    and concluded that the environmental                    resources, including traditional cultural             is the boundary of the room in which
                                                    impacts associated with this request                    properties. Similarly, the NRC staff has              the reactor is housed. In accordance


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                                                    29584                          Federal Register / Vol. 81, No. 92 / Thursday, May 12, 2016 / Notices

                                                    with the guidance of ANSI/ANS 15.16–                    announced on the NRC public meeting                   ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    1982, ‘‘Emergency Planning for                          Web site on July 7, 2015 (ADAMS                       notice is hereby given that on April 29,
                                                    Research Reactors’’, the operations                     Accession No. ML15188A344). A notice                  2016, BOX Options Exchange LLC (the
                                                    boundary is defined as the EPZ                          of GEH’s request to release the 247-                  ‘‘Exchange’’) filed with the Securities
                                                    boundary for each reactor facility. For                 hectare (610-acre) parcel and the public              and Exchange Commission
                                                    the NTR, the operations boundary is                     meeting, including a request for                      (‘‘Commission’’) the proposed rule
                                                    defined by the portions of Building 105                 comment, was also published in the Tri-               change as described in Items I, II, and
                                                    occupied by NTR facilities. The NRC                     Valley Herald, Livermore, CA on July                  III below, which Items have been
                                                    staff has concluded that the                            15, 2015 (ADAMS Accession No.                         prepared by the Exchange. The
                                                    environmental impacts of reducing the                   ML15292A519). The NRC staff                           Exchange filed the proposed rule change
                                                    licensed site would be similarly                        published a notice of the receipt of                  pursuant to Section 19(b)(3)(A)(ii) of the
                                                    bounded and that there would be no                      GEH’s request, including a request for                Act,3 and Rule 19b–4(f)(2) thereunder,4
                                                    environmental impact associated with                    comment, in the Federal Register on                   which renders the proposal effective
                                                    the continued operation of the NTR in                   July 20, 2015 (80 FR 42846). The NRC                  upon filing with the Commission. The
                                                    relation to the proposed release of the                 staff conducted the public meeting in                 Commission is publishing this notice to
                                                    247-hectare (610-acre) parcel.                          Pleasanton, CA on July 22, 2015. A                    solicit comments on the proposed rule
                                                       The shutdown, defueled testing                       summary of the public meeting, which                  change from interested persons.
                                                    facility, the GETR, NRC License TR–1,                   includes copies of the presentations
                                                    Docket 50–70 is not the subject of any                  made and a copy of the transcript of the              I. Self-Regulatory Organization’s
                                                    license amendment request. The GETR                     meeting, is available in ADAMS at                     Statement of the Terms of the Substance
                                                    is in SAFSTOR status. The GETR                          Accession No. ML15260A199. No                         of the Proposed Rule Change
                                                    license does not contain a site                         comments were made on the Federal
                                                    description and as such, there is no                    Rulemaking Web site, or were received                    The Exchange is filing with the
                                                    need to amend the GETR license to                       by mail or email, and all questions                   Securities and Exchange Commission
                                                    reflect the release of the 247-hectare                  asked at the meeting were answered in                 (‘‘Commission’’) a proposed rule change
                                                    (610-acre) parcel. In any event, the NRC                the meeting.                                          to amend the Fee Schedule on the BOX
                                                    staff considers this EA to encompass                                                                          Market LLC (‘‘BOX’’) options facility.
                                                    and bound any environmental impacts                     III. Finding of No Significant Impact                 While changes to the fee schedule
                                                    resulting from the proposed release of                    The NRC staff has prepared this EA as               pursuant to this proposal will be
                                                    the 247-hectare (610-acre) parcel in                    part of its review of the proposed action.            effective upon filing, the changes will
                                                    relation to the ongoing shutdown,                       On the basis of this EA, the NRC finds                become operative on May 2, 2016. The
                                                    SAFSTOR status of the GETR.                             that there are no significant                         text of the proposed rule change is
                                                                                                            environmental impacts from the                        available from the principal office of the
                                                    Environmental Impacts of the
                                                                                                            proposed action, and that preparation of              Exchange, at the Commission’s Public
                                                    Alternatives to the Proposed Action
                                                                                                            an environmental impact statement is                  Reference Room and also on the
                                                       As an alternative to the proposed                    not warranted. Accordingly, the NRC                   Exchange’s Internet Web site at http://
                                                    action, the NRC staff considered denial                 has determined that a finding of no                   boxexchange.com.
                                                    of the proposed release of the 247-                     significant impact (FONSI) is
                                                    hectare (610-acre) parcel (i.e., the ‘‘no-              appropriate. In accordance with 10 CFR                II. Self-Regulatory Organization’s
                                                    action’’ alternative). Denial of the                    51.32(a)(4), this FONSI incorporates the              Statement of the Purpose of, and
                                                    request would result in the 247-hectare                 EA set forth in this notice by reference.             Statutory Basis for, the Proposed Rule
                                                    (610-acre) parcel remaining part of the                                                                       Change
                                                                                                              Dated at Rockville, Maryland, this 4th day
                                                    licensed site and subject to NRC                        of May 2016.
                                                    jurisdiction. As the licensee has no need                                                                       In its filing with the Commission, the
                                                                                                              For the Nuclear Regulatory Commission.              Exchange included statements
                                                    for the parcel, its current use as a site
                                                    for cattle grazing would most likely                    John R. Tappert,                                      concerning the purpose of and basis for
                                                    continue. As there is no policy or                      Director, Division of Decommissioning,                the proposed rule change and discussed
                                                    regulatory reason for the NRC to require                Uranium Recovery, and Waste Programs,                 any comments it received on the
                                                                                                            Office of Nuclear Material Safety and                 proposed rule change. The text of these
                                                    a licensee to retain land that is not                   Safeguards.
                                                    radiologically impacted and for which                                                                         statements may be examined at the
                                                                                                            [FR Doc. 2016–11206 Filed 5–11–16; 8:45 am]           places specified in Item IV below. The
                                                    the licensee has no further operational
                                                    need, the no-action alternative is not                  BILLING CODE 7590–01–P                                Exchange has prepared summaries, set
                                                    further considered.                                                                                           forth in Sections A, B, and C below, of
                                                                                                                                                                  the most significant aspects of such
                                                    Conclusion                                              SECURITIES AND EXCHANGE                               statements.
                                                      The NRC staff has concluded that the                  COMMISSION
                                                    proposed action will not significantly                                                                        A. Self-Regulatory Organization’s
                                                                                                            [Release No. 34–77778; File No. SR–BOX–               Statement of the Purpose of, and
                                                    impact the quality of the human                         2016–21]
                                                    environment, and that the proposed                                                                            Statutory Basis for, the Proposed Rule
                                                    action is the preferred alternative.                    Self-Regulatory Organizations; BOX                    Change
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Agencies and Persons Consulted                          Options Exchange LLC; Notice of                       1. Purpose
                                                                                                            Filing and Immediate Effectiveness of
                                                      The NRC contacted the California                      a Proposed Rule Change To Amend                         The Exchange proposes to amend the
                                                    Department of Public Health concerning                  the Fee Schedule on the BOX Market                    Fee Schedule for trading on BOX.
                                                    this request. There were no comments,                   LLC (‘‘BOX’’) Options Facility
                                                    concerns or objections from the State                                                                           1 15 U.S.C. 78s(b)(1).
                                                    official.                                               May 6, 2016.                                            2 17 CFR 240.19b–4.
                                                      A public meeting to obtain comments                     Pursuant to Section 19(b)(1) of the                   3 15 U.S.C. 78s(b)(3)(A)(ii).

                                                    on the release approval request was                     Securities Exchange Act of 1934 (the                    4 17 CFR 240.19b–4(f)(2).




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Document Created: 2016-05-12 01:07:37
Document Modified: 2016-05-12 01:07:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionEnvironmental assessment and finding of no significant impact; issuance.
DatesThe environmental assessment and finding of no significant impact set forth in this document is available on May 12, 2016.
ContactJack Parrott, Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-00001; telephone: 301-415-6634; email: [email protected]
FR Citation81 FR 29581 

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