81_FR_83513 81 FR 83289 - Crow Butte Resources, Inc.

81 FR 83289 - Crow Butte Resources, Inc.

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 224 (November 21, 2016)

Page Range83289-83291
FR Document2016-27946

The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption to Crow Butte Resources, Inc. (CBR) for the purpose of complying with occupational dose limits in response to a request from CBR dated September 21, 2015. Issuance of this exemption will allow CBR to disregard certain radionuclides that contribute to the total activity of a mixture when determining internal dose to assess compliance with occupational dose equivalent limits at its in situ uranium recovery (ISR) facility in Crawford, Nebraska.

Federal Register, Volume 81 Issue 224 (Monday, November 21, 2016)
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Notices]
[Pages 83289-83291]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27946]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-08943; NRC-2008-0208]


Crow Butte Resources, Inc.

AGENCY: Nuclear Regulatory Commission.

ACTION: Exemption; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an 
exemption to Crow Butte Resources, Inc. (CBR) for the purpose of 
complying with occupational dose limits in response to a request from 
CBR dated September 21, 2015. Issuance of this exemption will allow CBR 
to disregard certain radionuclides that contribute to the total 
activity of a mixture when determining internal dose to assess 
compliance with occupational dose equivalent limits at its in situ 
uranium recovery (ISR) facility in Crawford, Nebraska.

ADDRESSES: Please refer to Docket ID NRC-2008-0208 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-2008-0208. 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

[[Page 83290]]

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 (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: Ronald A. Burrows, Office of Nuclear 
Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001; telephone: 301-415-6443; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    Crow Butte Resources, Inc. operates the Crow Butte ISR facility in 
Crawford, Nebraska (the Crow Butte Project) under NRC source materials 
license SUA-1534 (ADAMS Accession No. ML13324A101). At the Crow Butte 
Project, CBR performs airborne uranium particulate monitoring in the 
plant in accordance with Section 5.8.3.1 of its Technical Report (ADAMS 
Accession No. ML091470116). As described in its Technical Report, CBR 
measures airborne uranium by taking samples of particulate matter in 
air at locations within the plant using glass fiber filters and air 
pumps. The measurement of airborne uranium is performed by gross alpha 
counting of air filters.
    In Section 5.7.4.3.1, ``Airborne Particulate Uranium Monitoring,'' 
of the NRC staff's 2014 Safety Evaluation Report (SER) for the renewal 
of CBR's license for the Crow Butte Project (ADAMS Accession No. 
ML14149A433), the NRC staff stated that CBR did not demonstrate that 
gross alpha counting would differentiate all airborne radioactivity in 
air samples, including radionuclides that are not uranium, some of 
which may not emit alpha particles and, therefore, will not be 
detected. As a result, the NRC staff imposed license condition 10.8 in 
CBR's license SUA-1534, which states that the licensee shall conduct 
isotopic analyses for alpha- and beta-emitting radionuclides on 
airborne samples at each in-plant air particulate sampling location at 
a frequency of once every 6 months for the first 2 years and annually 
thereafter to ensure compliance with section 20.1204(g) of title 10 of 
the Code of Federal Regulations (10 CFR). The license condition also 
states that for any changes to operations, the licensee shall conduct 
an evaluation to determine if more frequent isotopic analyses are 
required for compliance with 10 CFR 20.1204(g).
    In its September 21, 2015, response to NRC staff requests for 
additional information (RAIs), CBR clarified its approach to 
determining internal dose by air sampling, including an analysis of how 
CBR meets the requirement in 10 CFR 20.1204(g) for disregarding certain 
radionuclides contained in mixtures of radionuclides in air (ADAMS 
Accession No. ML15310A373). As part of its analysis, CBR stated that it 
accounts for all of the alpha-emitting radioactive material in air when 
measuring uranium, as described in its Technical Report, but it does 
not account for total activity (i.e., the sum of all alpha-emitting and 
beta-emitting radioactive material in air) when determining internal 
dose. In accordance with 10 CFR 20.1204(g)(1), a licensee may only 
disregard certain radionuclides in a mixture if it uses the total 
activity of the mixture, which includes both alpha-emitting and beta-
emitting radionuclides, to demonstrate compliance with the dose limits 
in 10 CFR 20.1201 and to comply with the monitoring requirements in 10 
CFR 20.1502(b). In addition to meeting the condition of 10 CFR 
20.1204(g)(1), a licensee must also show that the concentration of any 
radionuclide disregarded is less than 10 percent of its derived air 
concentration (DAC), and the sum of these percentages for all of the 
radionuclides disregarded in the mixture does not exceed 30 percent, in 
accordance with 10 CFR 20.1204(g)(2) and 10 CFR 20.1204(g)(3), 
respectively, in order to disregard certain radionuclides in a mixture.
    In its September 21, 2015, RAI response, CBR requested an exemption 
from including the internal dose from beta-emitting radionuclides in 
occupational dose calculations. In support of this request, CBR 
provided the following information: (1) CBR accounts for all alpha 
activity on the sample filters used in its air sampling program, which 
accounts for nearly all of the internal dose received from airborne 
radionuclides typically present at an in-situ recovery facility other 
than radon-222 (radon) and its short-lived progeny; (2) the 
contribution to occupational dose from internal exposure to airborne 
beta-emitting radionuclides (other than radon-222 and its short-lived 
progeny) is very small relative to other sources of occupational dose 
(such as external dose and internal dose from inhalation of radon-222 
and its short-lived progeny, which are accounted for separately); and 
(3) it would be administratively complex to attempt to track, and 
account for, a comparatively small internal dose from airborne non-
radon beta-emitting radionuclides at the Crow Butte Project.

II. Description of Action

    The NRC may, under 10 CFR 20.2301, upon application by a licensee 
or upon its own initiative, grant an exemption from the requirements of 
the regulations in 10 CFR part 20, if the NRC determines the exemption 
is authorized by law and would not result in undue hazard to life or 
property. As described in the NRC staff's safety evaluation report for 
this exemption request (ADAMS Accession No. ML16078A238), the NRC staff 
found that this exemption is authorized by law and will not result in 
undue hazard to life or property. Therefore, the NRC is granting CBR an 
exemption from the requirement in 10 CFR 20.1204(g)(1) to use the total 
activity of the mixture in demonstrating compliance with the dose 
limits specified in Sec.  20.1201. The licensee must still consider all 
radionuclides in demonstrating compliance with the requirements in 
Sec.  20.1502(b). In conjunction with granting this exemption, the NRC 
is revising license condition 10.8 of CBR's license SUA-1534 to reflect 
the terms of the exemption.

III. Discussion

A. The Exemption Is Authorized by Law

    The NRC staff concluded that the exemption is authorized by law as 
10 CFR 20.2301 expressly allows for an exemption to the requirements in 
10 CFR part 20, and the exemption will not be contrary to any provision 
of the Atomic Energy Act of 1954, as amended.

B. The Exemption Presents No Undue Hazard to Life or Property

    The exemption is related to the requirement in 10 CFR 20.1501(a) 
for licensees to make, or cause to be made, appropriate surveys. In 
accordance with 10 CFR 20.1204(g), when concentrations of radioactive 
material in air are relied upon to determine internal dose, a licensee 
may disregard certain radionuclides contained in a mixture of 
radionuclides in air if the following three conditions are met: (1) the 
licensee uses the total activity of the mixture in demonstrating 
compliance with the dose limits in Sec.  20.1201 and in

[[Page 83291]]

complying with the monitoring requirements in Sec.  20.1502(b); (2) the 
concentration of any radionuclide disregarded is less than 10 percent 
of its DAC; and (3) the sum of these percentages for all of the 
radionuclides disregarded in the mixture does not exceed 30 percent.
    CBR has demonstrated, and the NRC staff has verified, that its 
surveys under Sec.  20.1501(a) and its method of determination under 
Sec.  20.1204 account for nearly all of the occupational dose and that 
any additional contribution to occupational dose from internal exposure 
to airborne non-radon beta-emitting radionuclides is very small. 
Furthermore, in conjunction with granting this exemption, the NRC staff 
is revising CBR license condition 10.8 to require CBR to periodically 
assess the mixture of airborne radionuclides present at its facility 
against a specific regulatory limit. This will ensure that CBR will be 
aware of changes in the mixture of airborne radionuclides at the Crow 
Butte Project and that the contribution to occupational dose from 
internal exposure to beta-emitting radionuclides will remain small. 
Therefore, granting this exemption presents no undue hazard to life or 
property.

C. Environmental Considerations

    The NRC staff has determined that granting of an exemption from the 
requirements of 10 CFR 20.1204(g)(1) belongs to a category of 
regulatory actions which the NRC, by regulation, has determined do not 
individually or cumulatively have a significant effect on the 
environment, and as such do not require an environmental assessment or 
environmental impact statement. Specifically, the exemption from the 
requirement to include all radionuclides that contribute to total 
activity under 10 CFR 20.1204(g)(1) is eligible for categorical 
exclusion under 10 CFR 51.22(c)(25) based on the NRC staff's 
determinations that requirements from which exemption is sought involve 
inspection or surveillance requirements (a survey under 10 CFR 
20.1501(a)), and that the exemption will result in no significant 
change in the types or significant increase the amount of any offsite 
effluents; no significant increase to individual or cumulative public 
or occupational radiation exposure; no significant construction impact; 
and no significant increase to the potential for, or consequence from, 
radiological accidents.
    Section 7 of the Endangered Species Act (the Act) [16 U.S.C. 1531 
et seq.] outlines the procedures for Federal interagency cooperation to 
conserve Federally-listed species and designated critical habitats. 
Section 7(a)(2) of the Act states that each Federal agency shall, in 
consultation with the Secretary, insure that any action they authorize, 
fund, or carry out is not likely to jeopardize the continued existence 
of a listed species or result in the destruction or adverse 
modification of designated critical habitat. The NRC staff has 
determined that a Section 7 consultation is not required because the 
proposed action is administrative/procedural in nature and will not 
affect listed species or critical habitat. The NRC staff has also 
determined that the proposed action is not a type of activity that has 
potential to cause effects on historic properties because it is an 
administrative/procedural action. Therefore, no further consultation is 
required under Section 106 of the National Historic Preservation Act 
[54 U.S.C. 300101 et seq.].

IV. Conclusion

    Accordingly, the NRC has determined that, pursuant to 10 CFR 
20.2301, the exemption is authorized by law and will not present an 
undue hazard to life or property. The NRC hereby grants CBR an 
exemption from the requirement in 10 CFR 20.1204(g)(1) to use the total 
activity of the mixture in demonstrating compliance with the dose 
limits in Sec.  20.1201.

    Dated at Rockville, Maryland, this 14th day of November 2016.

    For the Nuclear Regulatory Commission.
Andrea Kock,
Deputy Director, Division of Decommissioning, Uranium Recovery and 
Environmental Programs, Office of Nuclear Material Safety and 
Safeguards.
[FR Doc. 2016-27946 Filed 11-18-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                               Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices                                                 83289

                                                    The NRC does not routinely edit                         design changes within the scope of RG                 the draft regulatory guide in a manner
                                                    comment submissions to remove                           1.77.                                                 that is inconsistent with any issue
                                                    identifying or contact information.                                                                           finality provisions in these part 52
                                                      If you are requesting or aggregating                  III. Backfitting and Issue Finality
                                                                                                                                                                  licenses and regulatory approvals. If, in
                                                    comments from other persons for                            Draft regulatory guide DG–1327                     the future, the staff seeks to impose a
                                                    submission to the NRC, then you should                  describes one acceptable method for                   position in this regulatory guide in a
                                                    inform those persons not to include                     demonstrating compliance with                         manner which does not provide issue
                                                    identifying or contact information that                 Appendix A of part 50 of title 10 of the              finality as described in the applicable
                                                    they do not want to be publicly                         Code of Federal Regulations (10 CFR),                 issue finality provision, then the staff
                                                    disclosed in their comment submission.                  ‘‘General Design Criteria 28, Reactivity              will address the criteria for avoiding
                                                    Your request should state that the NRC                  Limit,’’ with respect to control rod                  issue finality as described in the
                                                    does not routinely edit comment                         ejection (CRE) for pressurized-water                  applicable issue finality provision.
                                                    submissions to remove such information                  reactors (PWRs) and a control rod drop
                                                                                                            (CRD) for boiling-water reactors (BWRs).                 Dated at Rockville, Maryland, this 10th day
                                                    before making the comment                                                                                     of November 2016.
                                                    submissions available to the public or                  It addresses fuel cladding failure
                                                                                                            thresholds for ductile failure, brittle                  For the Nuclear Regulatory Commission.
                                                    entering the comment submissions into
                                                    ADAMS.                                                  failure, and pellet-clad mechanical                   Thomas H. Boyce,
                                                                                                            interaction (PCMI), provides                          Chief, Regulatory Guidance and Generic
                                                    II. Additional Information                              radionuclide release fractions for use in             Issues Branch, Division of Engineering, Office
                                                       The NRC is issuing for public                        assessing radiological consequences,                  of Nuclear Regulatory Research.
                                                    comment a DG in the NRC’s ‘‘Regulatory                  and describes analytical limits and                   [FR Doc. 2016–27903 Filed 11–18–16; 8:45 am]
                                                    Guide’’ series. This series was                         guidance for demonstrating compliance                 BILLING CODE 7590–01–P
                                                    developed to describe and make                          with GDC 28 governing reactivity limits.
                                                    available to the public information                        This draft regulatory guide, if
                                                    regarding methods that are acceptable to                finalized, would not constitute                       NUCLEAR REGULATORY
                                                    the NRC staff for implementing specific                 backfitting as defined in 10 CFR 50.109               COMMISSION
                                                    parts of the NRC’s regulations,                         (the Backfit Rule) and is not otherwise               [Docket No. 040–08943; NRC–2008–0208]
                                                    techniques that the staff uses in                       inconsistent with the issue finality
                                                    evaluating specific issues or postulated                provisions in 10 CFR part 52, ‘‘Licenses,             Crow Butte Resources, Inc.
                                                    events, and data that the staff needs in                Certifications and Approvals for Nuclear
                                                    its review of applications for permits                  Power Plants.’’ Existing licensees and                AGENCY:  Nuclear Regulatory
                                                    and licenses.                                           applicants of final design certification              Commission.
                                                       The DG, entitled ‘‘Pressurized Water                 rules will not be required to comply                  ACTION: Exemption; issuance.
                                                    Reactor Control Rod Ejection and                        with the positions set forth in this draft
                                                    Boiling Water Reactor Control Rod Drop                  regulatory guide, unless the licensee or              SUMMARY:    The U.S. Nuclear Regulatory
                                                    Accidents,’’ is a proposed new guide                    design certification rule applicant seeks             Commission (NRC) is issuing an
                                                    temporarily identified by its task                      a voluntary change to its licensing basis             exemption to Crow Butte Resources, Inc.
                                                    number, DG–1327. DG–1327 proposes                       with respect to CRE for PWRs or CRD                   (CBR) for the purpose of complying with
                                                    new guidance for analyzing reactivity-                  for BWRs, and where the NRC                           occupational dose limits in response to
                                                    initiated accidents such as control rod                 determines that the safety review must                a request from CBR dated September 21,
                                                    ejection for pressurized water reactors                 include consideration of these events.                2015. Issuance of this exemption will
                                                    and control rod drop for boiling-water                  Further information on the staff’s use of             allow CBR to disregard certain
                                                    reactors. It defines fuel cladding failure              the draft regulatory guide, if finalized, is          radionuclides that contribute to the total
                                                    thresholds for ductile failure, brittle                 contained in the draft regulatory guide               activity of a mixture when determining
                                                    failure, and pellet-clad mechanical                     under Section D. Implementation.                      internal dose to assess compliance with
                                                    interaction and provides radionuclide                      Applicants and potential applicants                occupational dose equivalent limits at
                                                    release reactions for use in assessing                  are not, with certain exceptions,                     its in situ uranium recovery (ISR)
                                                    radiological consequences. It also                      protected by either the Backfit Rule or               facility in Crawford, Nebraska.
                                                    describes analytical limits and guidance                any issue finality provisions under part              ADDRESSES: Please refer to Docket ID
                                                    for demonstrating compliance with                       52. Neither the Backfit Rule nor the                  NRC–2008–0208 when contacting the
                                                    regulations governing reactivity limits.                issue finality provisions under part 52—              NRC about the availability of
                                                       The draft guide also incorporates new                with certain exclusions discussed                     information regarding this document.
                                                    empirical data from in-pile, prompt                     below—were intended to apply to every                 You may obtain publicly-available
                                                    power pulse test programs and analyses                  NRC action which substantially changes                information related to this document
                                                    from several international publications                 the expectations of current and future                using any of the following methods:
                                                    on fuel rod performance under                           applicants. Therefore, the positions in                  • Federal Rulemaking Web site: Go to
                                                    reactivity initiated accident conditions                any final draft regulatory guide, if                  http://www.regulations.gov and search
                                                    to provide guidance on acceptable                       imposed on applicants, would not                      for Docket ID NRC–2008–0208. Address
                                                    analytical methods, assumptions, and                    represent backfitting (except as                      questions about NRC dockets to Carol
                                                    limits for evaluating a pressurized water               discussed below).                                     Gallagher; telephone: 301–415–3463;
                                                    reactor control rod ejection accident.                     The exceptions to the general                      email: Carol.Gallagher@nrc.gov. For
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                       The draft guide expands the existing                 principle are applicable whenever a                   technical questions, contact the
                                                    guidance for control rod ejection                       combined license applicant references a               individual listed in the FOR FURTHER
                                                    accidents in Regulatory Guide (RG) 1.77,                part 52 license (i.e., an early site permit           INFORMATION CONTACT section of this
                                                    ‘‘Assumptions Used for Evaluation a                     or a manufacturing license) and/or part               document.
                                                    Control Rod Ejection Accident for                       52 regulatory approval (i.e., a design                   • NRC’s Agencywide Documents
                                                    Pressurized Water Reactors.’’ However,                  certification rule or design approval.                Access and Management System
                                                    the NRC intends to maintain RG 1.77 for                 The staff does not, at this time, intend              (ADAMS): You may obtain publicly-
                                                    existing licensees who do not make any                  to impose the positions represented in                available documents online in the


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                                                    83290                      Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices

                                                    ADAMS Public Documents collection at                    months for the first 2 years and annually             its short-lived progeny) is very small
                                                    http://www.nrc.gov/reading-rm/                          thereafter to ensure compliance with                  relative to other sources of occupational
                                                    adams.html. To begin the search, select                 section 20.1204(g) of title 10 of the Code            dose (such as external dose and internal
                                                    ‘‘ADAMS Public Documents’’ and then                     of Federal Regulations (10 CFR). The                  dose from inhalation of radon-222 and
                                                    select ‘‘Begin Web-based ADAMS                          license condition also states that for any            its short-lived progeny, which are
                                                    Search.’’ For problems with ADAMS,                      changes to operations, the licensee shall             accounted for separately); and (3) it
                                                    please contact the NRC’s Public                         conduct an evaluation to determine if                 would be administratively complex to
                                                    Document Room (PDR) reference staff at                  more frequent isotopic analyses are                   attempt to track, and account for, a
                                                    1–800–397–4209, 301–415–4737, or by                     required for compliance with 10 CFR                   comparatively small internal dose from
                                                    email to pdr.resource@nrc.gov. The                      20.1204(g).                                           airborne non-radon beta-emitting
                                                    ADAMS accession number for each                            In its September 21, 2015, response to             radionuclides at the Crow Butte Project.
                                                    document referenced (if that document                   NRC staff requests for additional
                                                                                                            information (RAIs), CBR clarified its                 II. Description of Action
                                                    is available in ADAMS) is provided the
                                                    first time that a document is referenced.               approach to determining internal dose                    The NRC may, under 10 CFR 20.2301,
                                                       • NRC’s PDR: You may examine and                     by air sampling, including an analysis of             upon application by a licensee or upon
                                                    purchase copies of public documents at                  how CBR meets the requirement in 10                   its own initiative, grant an exemption
                                                    the NRC’s PDR, Room O1–F21, One                         CFR 20.1204(g) for disregarding certain               from the requirements of the regulations
                                                    White Flint North, 11555 Rockville                      radionuclides contained in mixtures of                in 10 CFR part 20, if the NRC
                                                    Pike, Rockville, Maryland 20852.                        radionuclides in air (ADAMS Accession                 determines the exemption is authorized
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            No. ML15310A373). As part of its                      by law and would not result in undue
                                                    Ronald A. Burrows, Office of Nuclear                    analysis, CBR stated that it accounts for             hazard to life or property. As described
                                                    Material Safety and Safeguards; U.S.                    all of the alpha-emitting radioactive                 in the NRC staff’s safety evaluation
                                                                                                            material in air when measuring                        report for this exemption request
                                                    Nuclear Regulatory Commission,
                                                                                                            uranium, as described in its Technical                (ADAMS Accession No. ML16078A238),
                                                    Washington DC 20555–0001; telephone:
                                                                                                            Report, but it does not account for total             the NRC staff found that this exemption
                                                    301–415–6443; email: Ronald.Burrows@
                                                                                                            activity (i.e., the sum of all alpha-                 is authorized by law and will not result
                                                    nrc.gov.
                                                                                                            emitting and beta-emitting radioactive                in undue hazard to life or property.
                                                    SUPPLEMENTARY INFORMATION:                              material in air) when determining                     Therefore, the NRC is granting CBR an
                                                    I. Background                                           internal dose. In accordance with 10                  exemption from the requirement in 10
                                                                                                            CFR 20.1204(g)(1), a licensee may only                CFR 20.1204(g)(1) to use the total
                                                       Crow Butte Resources, Inc. operates                  disregard certain radionuclides in a
                                                    the Crow Butte ISR facility in Crawford,                                                                      activity of the mixture in demonstrating
                                                                                                            mixture if it uses the total activity of the          compliance with the dose limits
                                                    Nebraska (the Crow Butte Project) under                 mixture, which includes both alpha-
                                                    NRC source materials license SUA–1534                                                                         specified in § 20.1201. The licensee
                                                                                                            emitting and beta-emitting                            must still consider all radionuclides in
                                                    (ADAMS Accession No. ML13324A101).                      radionuclides, to demonstrate
                                                    At the Crow Butte Project, CBR performs                                                                       demonstrating compliance with the
                                                                                                            compliance with the dose limits in 10                 requirements in § 20.1502(b). In
                                                    airborne uranium particulate monitoring                 CFR 20.1201 and to comply with the
                                                    in the plant in accordance with Section                                                                       conjunction with granting this
                                                                                                            monitoring requirements in 10 CFR                     exemption, the NRC is revising license
                                                    5.8.3.1 of its Technical Report (ADAMS                  20.1502(b). In addition to meeting the
                                                    Accession No. ML091470116). As                                                                                condition 10.8 of CBR’s license SUA–
                                                                                                            condition of 10 CFR 20.1204(g)(1), a                  1534 to reflect the terms of the
                                                    described in its Technical Report, CBR                  licensee must also show that the
                                                    measures airborne uranium by taking                                                                           exemption.
                                                                                                            concentration of any radionuclide
                                                    samples of particulate matter in air at                 disregarded is less than 10 percent of its            III. Discussion
                                                    locations within the plant using glass                  derived air concentration (DAC), and
                                                    fiber filters and air pumps. The                                                                              A. The Exemption Is Authorized by Law
                                                                                                            the sum of these percentages for all of
                                                    measurement of airborne uranium is                      the radionuclides disregarded in the                    The NRC staff concluded that the
                                                    performed by gross alpha counting of air                mixture does not exceed 30 percent, in                exemption is authorized by law as 10
                                                    filters.                                                accordance with 10 CFR 20.1204(g)(2)                  CFR 20.2301 expressly allows for an
                                                       In Section 5.7.4.3.1, ‘‘Airborne                     and 10 CFR 20.1204(g)(3), respectively,               exemption to the requirements in 10
                                                    Particulate Uranium Monitoring,’’ of the                in order to disregard certain                         CFR part 20, and the exemption will not
                                                    NRC staff’s 2014 Safety Evaluation                      radionuclides in a mixture.                           be contrary to any provision of the
                                                    Report (SER) for the renewal of CBR’s                      In its September 21, 2015, RAI                     Atomic Energy Act of 1954, as amended.
                                                    license for the Crow Butte Project                      response, CBR requested an exemption
                                                    (ADAMS Accession No. ML14149A433),                                                                            B. The Exemption Presents No Undue
                                                                                                            from including the internal dose from
                                                    the NRC staff stated that CBR did not                                                                         Hazard to Life or Property
                                                                                                            beta-emitting radionuclides in
                                                    demonstrate that gross alpha counting                   occupational dose calculations. In                       The exemption is related to the
                                                    would differentiate all airborne                        support of this request, CBR provided                 requirement in 10 CFR 20.1501(a) for
                                                    radioactivity in air samples, including                 the following information: (1) CBR                    licensees to make, or cause to be made,
                                                    radionuclides that are not uranium,                     accounts for all alpha activity on the                appropriate surveys. In accordance with
                                                    some of which may not emit alpha                        sample filters used in its air sampling               10 CFR 20.1204(g), when concentrations
                                                    particles and, therefore, will not be                   program, which accounts for nearly all                of radioactive material in air are relied
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    detected. As a result, the NRC staff                    of the internal dose received from                    upon to determine internal dose, a
                                                    imposed license condition 10.8 in CBR’s                 airborne radionuclides typically present              licensee may disregard certain
                                                    license SUA–1534, which states that the                 at an in-situ recovery facility other than            radionuclides contained in a mixture of
                                                    licensee shall conduct isotopic analyses                radon-222 (radon) and its short-lived                 radionuclides in air if the following
                                                    for alpha- and beta-emitting                            progeny; (2) the contribution to                      three conditions are met: (1) the licensee
                                                    radionuclides on airborne samples at                    occupational dose from internal                       uses the total activity of the mixture in
                                                    each in-plant air particulate sampling                  exposure to airborne beta-emitting                    demonstrating compliance with the
                                                    location at a frequency of once every 6                 radionuclides (other than radon-222 and               dose limits in § 20.1201 and in


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                                                                               Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Notices                                                            83291

                                                    complying with the monitoring                           significant increase the amount of any                           For the Nuclear Regulatory Commission.
                                                    requirements in § 20.1502(b); (2) the                   offsite effluents; no significant increase                     Andrea Kock,
                                                    concentration of any radionuclide                       to individual or cumulative public or                          Deputy Director, Division of
                                                    disregarded is less than 10 percent of its              occupational radiation exposure; no                            Decommissioning, Uranium Recovery and
                                                    DAC; and (3) the sum of these                           significant construction impact; and no                        Environmental Programs, Office of Nuclear
                                                    percentages for all of the radionuclides                significant increase to the potential for,                     Material Safety and Safeguards.
                                                    disregarded in the mixture does not                     or consequence from, radiological                              [FR Doc. 2016–27946 Filed 11–18–16; 8:45 am]
                                                    exceed 30 percent.                                      accidents.                                                     BILLING CODE 7590–01–P
                                                      CBR has demonstrated, and the NRC
                                                    staff has verified, that its surveys under                 Section 7 of the Endangered Species
                                                    § 20.1501(a) and its method of                          Act (the Act) [16 U.S.C. 1531 et seq.]
                                                                                                            outlines the procedures for Federal                            OFFICE OF PERSONNEL
                                                    determination under § 20.1204 account                                                                                  MANAGEMENT
                                                    for nearly all of the occupational dose                 interagency cooperation to conserve
                                                    and that any additional contribution to                 Federally-listed species and designated                        Excepted Service
                                                    occupational dose from internal                         critical habitats. Section 7(a)(2) of the
                                                    exposure to airborne non-radon beta-                    Act states that each Federal agency                            AGENCY: U.S. Office of Personnel
                                                    emitting radionuclides is very small.                   shall, in consultation with the Secretary,                     Management (OPM).
                                                    Furthermore, in conjunction with                        insure that any action they authorize,                         ACTION: Notice.
                                                    granting this exemption, the NRC staff is               fund, or carry out is not likely to
                                                                                                            jeopardize the continued existence of a                        SUMMARY:   This notice identifies
                                                    revising CBR license condition 10.8 to
                                                                                                                                                                           Schedule A, B, and C appointing
                                                    require CBR to periodically assess the                  listed species or result in the
                                                                                                                                                                           authorities applicable to a single agency
                                                    mixture of airborne radionuclides                       destruction or adverse modification of
                                                                                                                                                                           that were established or revoked from
                                                    present at its facility against a specific              designated critical habitat. The NRC
                                                                                                                                                                           March 1, 2016, to March 31, 2016.
                                                    regulatory limit. This will ensure that                 staff has determined that a Section 7
                                                    CBR will be aware of changes in the                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            consultation is not required because the
                                                    mixture of airborne radionuclides at the                                                                               Senior Executive Resources Services,
                                                                                                            proposed action is administrative/
                                                    Crow Butte Project and that the                                                                                        Senior Executive Services and
                                                                                                            procedural in nature and will not affect
                                                    contribution to occupational dose from                                                                                 Performance Management, Employee
                                                                                                            listed species or critical habitat. The
                                                    internal exposure to beta-emitting                                                                                     Services, 202–606–2246.
                                                                                                            NRC staff has also determined that the
                                                    radionuclides will remain small.                                                                                       SUPPLEMENTARY INFORMATION: In
                                                                                                            proposed action is not a type of activity
                                                    Therefore, granting this exemption                                                                                     accordance with 5 CFR 213.103,
                                                                                                            that has potential to cause effects on
                                                    presents no undue hazard to life or                                                                                    Schedule A, B, and C appointing
                                                                                                            historic properties because it is an
                                                    property.                                                                                                              authorities available for use by all
                                                                                                            administrative/procedural action.
                                                                                                                                                                           agencies are codified in the Code of
                                                    C. Environmental Considerations                         Therefore, no further consultation is                          Federal Regulations (CFR). Schedule A,
                                                       The NRC staff has determined that                    required under Section 106 of the                              B, and C appointing authorities
                                                    granting of an exemption from the                       National Historic Preservation Act [54                         applicable to a single agency are not
                                                    requirements of 10 CFR 20.1204(g)(1)                    U.S.C. 300101 et seq.].                                        codified in the CFR, but the Office of
                                                    belongs to a category of regulatory                     IV. Conclusion                                                 Personnel Management (OPM)
                                                    actions which the NRC, by regulation,                                                                                  publishes a notice of agency-specific
                                                    has determined do not individually or                     Accordingly, the NRC has determined                          authorities established or revoked each
                                                    cumulatively have a significant effect on               that, pursuant to 10 CFR 20.2301, the                          month in the Federal Register at
                                                    the environment, and as such do not                     exemption is authorized by law and will                        www.gpo.gov/fdsys/. OPM also
                                                    require an environmental assessment or                  not present an undue hazard to life or                         publishes an annual notice of the
                                                    environmental impact statement.                         property. The NRC hereby grants CBR                            consolidated listing of all Schedule A,
                                                    Specifically, the exemption from the                    an exemption from the requirement in                           B, and C appointing authorities, current
                                                    requirement to include all radionuclides                10 CFR 20.1204(g)(1) to use the total                          as of June 30, in the Federal Register.
                                                    that contribute to total activity under 10              activity of the mixture in demonstrating                         Schedule A
                                                    CFR 20.1204(g)(1) is eligible for                       compliance with the dose limits in                               No Schedule A Authorities to report
                                                    categorical exclusion under 10 CFR                      § 20.1201.                                                     during March 2016.
                                                    51.22(c)(25) based on the NRC staff’s                                                                                    Schedule B
                                                    determinations that requirements from                     Dated at Rockville, Maryland, this 14th day                    No Schedule B Authorities to report
                                                    which exemption is sought involve                       of November 2016.                                              during March 2016.
                                                    inspection or surveillance requirements                                                                                  Schedule C
                                                    (a survey under 10 CFR 20.1501(a)), and                                                                                  The following Schedule C appointing
                                                    that the exemption will result in no                                                                                   authorities were approved during March
                                                    significant change in the types or                                                                                     2016.

                                                                                                                                                                                               Authorization
                                                                Agency name                             Organization name                                  Position title                                      Effective date
                                                                                                                                                                                                   No.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    Department of Agriculture ..............   Farm Service Agency ....................     State Executive Director—Rhode                     DA160077             3/4/2016
                                                                                                                                              Island.
                                                                                                                                            State Executive Director ................          DA160091            3/30/2016
                                                                                               Rural Housing Service ...................    Senior Advisor ................................    DA160081            3/17/2016
                                                                                                                                            State Director .................................   DA160090            3/30/2016
                                                                                               Office of Communications ..............      Senior Advisor for Strategic Com-                  DA160083            3/17/2016
                                                                                                                                              munications.




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Document Created: 2018-02-14 08:34:27
Document Modified: 2018-02-14 08:34:27
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
ActionExemption; issuance.
ContactRonald A. Burrows, Office of Nuclear Material Safety and Safeguards; U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-6443; email: [email protected]
FR Citation81 FR 83289 

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