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9598 Federal Register / Vol. 73, No.

35 / Thursday, February 21, 2008 / Notices

U.S.C. 209 and 37 CFR 404.7. understanding of the level of state Wilson Blvd., Arlington, VA 22230.
Competing applications completed and participation in the SBI concept. Telephone: 703–292–4908.
received by NASA within fifteen (15) Type of Collection: Survey of state Purpose of Meeting: To provide
days of the date of this published notice Medicaid directors. advice and recommendations to the
will also be treated as objections to the Title of Information Collection: National Science Foundation (NSF), the
grant of the contemplated partially Healthcare Common Procedure Coding National Aeronautics and Space
exclusive license. Objections submitted System Survey. Administration (NASA) and the U.S.
in response to this notice will not be Frequency: Annually by fiscal year. Department of Energy (DOE) on issues
made available to the public for Affected Public: Instrumentalities of within the field of astronomy and
inspection and, to the extent permitted state Medicaid directors. astrophysics that are of mutual interest
by law, will not be released under the Estimated Burden: Minimal since the and concern to the agencies.
Freedom of Information Act, 5 U.S.C. material resides with state Medicaid Agenda: To discuss the Committee’s
552. directors. draft annual report due 15 March 2008.
ADDRESSES: Objections relating to the II. Special Issues for Comment Dated: February 15, 2008.
prospective license may be submitted to Susanne E. Bolton,
Patent Counsel, Office of Chief Counsel, ONDCP especially invites comments Committee Management Officer.
Mail Code AL, 2101 NASA Parkway, on: (a) Whether the proposed collection
[FR Doc. E8–3185 Filed 2–20–08; 8:45 am]
Houston, TX 77058, (281) 483–4871; is necessary for the proper performance
BILLING CODE 7555–01–P
(281) 483–6936 [Facsimile]. of ONDCP functions, including whether
the information has practical utility; (b)
FOR FURTHER INFORMATION CONTACT: Kurt
ways to enhance information quality,
G. Hammerle, Patent Attorney, Office of NUCLEAR REGULATORY
utility, and clarity; and, (c) ways to ease
Chief Counsel, Johnson Space Center, COMMISSION
the burden on respondents, including
Mail Code AL, 2101 NASA Parkway,
the use of automated collection [Docket No. 03033359]
Houston, TX 77058, (281) 483–1001;
techniques or other forms of information
(281) 483–6936 [Facsimile]. Information Notice of Availability of Environmental
technology.
about other NASA inventions available Assessment and Finding of No
for licensing can be found online at ADDRESSES: Address all comments in
writing 60 days to Meridith DeFraites. Significant Impact for License
http://technology.nasa.gov/. Amendment to Byproduct Materials
Facsimile and email are the more
Dated: February 13, 2008. reliable means of communication. Ms. License No. 37–30095–01, for
Keith T. Sefton, DeFraites facsimile number is (202) Termination of the License and
Deputy General Counsel, Administration and 395–5176, and her e-mail address is Unrestricted Release of MPI Research
Management. mdefraites@ondcp.eop.gov. Mailing Incorporated’s Facility in State
[FR Doc. E8–3139 Filed 2–20–08; 8:45 am] address is Executive office of the College, PA
BILLING CODE 7510–13–P President, Office of National Drug AGENCY: Nuclear Regulatory
Control Policy, Washington, DC 20503. Commission.
For further information, contact Ms. ACTION: Issuance of Environmental
OFFICE OF NATIONAL DRUG DeFraites at (202) 395–5276. Assessment and Finding of No
CONTROL POLICY Signed at Washington DC, on February 15, Significant Impact for License
2008. Amendment.
Paperwork Reduction Act; Notice of
Daniel R. Petersen,
Intent to Collect; Comment Request FOR FURTHER INFORMATION CONTACT:
Assistant General Counsel.
AGENCY: Office of National Drug Control [FR Doc. E8–3227 Filed 2–20–08; 8:45 am] Dennis Lawyer, Health Physicist,
Policy (ONDCP). BILLING CODE 3180–D2–P
Commercial and R&D Branch, Division
ACTION: ONDCP provides opportunity of Nuclear Materials Safety, Region I,
for public comment concerning the 475 Allendale Road, King of Prussia,
collection of information to identify Pennsylvania; telephone 610–337–5366;
NATIONAL SCIENCE FOUNDATION
states that have adopted the new fax number 610–337–5393; or by e-mail:
Healthcare Common Procedure Coding Astronomy and Astrophysics Advisory drl1@nrc.gov.
System (HCPCS) codes (Codes H0049 Committee #13883; Notice of Meeting SUPPLEMENTARY INFORMATION:
and H0050) for alcohol and drug I. Introduction
screening, and brief intervention (SBI). In accordance with the Federal
Advisory Committee Act (Pub. L. 92– The U.S. Nuclear Regulatory
SUMMARY: This action proposes the 463, as amended), the National Science Commission (NRC) is considering the
collection of drug control information Foundation announces the following issuance of a license amendment to
from state Medicaid directors. Astronomy and Astrophysics Advisory Byproduct Materials License No. 37–
SUPPLEMENTARY INFORMATION: Committee (#13883) meeting: 30095–01. This license is held by MPI
Date and Time: March 10, 2008, 3 Research Inc. (the Licensee), for its MPI
I. Purpose p.m.–5 p.m. EDT. Research Inc. facility located at 3048
The purpose of this survey is to Place: Teleconference, National and 3058 Research Drive in State
identify states that have adopted HCPCS Science Foundation, Room 1020, College, Pennsylvania (the Facility).
codes H0049 and H0050 to permit Stafford I Building, 4201 Wilson Blvd., Issuance of the amendment would
payment of SBI services from state Arlington, VA, 22230. authorize release of the Facility for
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Medicaid programs. The information Type of Meeting: Open. unrestricted use and termination of the
will be used as performance indicators Contact Person: Dr. G. Wayne Van NRC license. The Licensee requested
in the Consolidated Federal Drug Citters, Director, Division of this action in a letter dated November
Control Budget and will help inform Astronomical Sciences, Suite 1045, 15, 2007. The NRC has prepared an
policy by providing a greater National Science Foundation, 4201 Environmental Assessment (EA) in

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Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Notices 9599

support of this proposed action in Environmental Impacts of the Proposed impacted the environment surrounding
accordance with the requirements of Action the Facility. No such hazards or impacts
Title 10, Code of Federal Regulations The historical review of licensed to the environment were identified. The
(CFR), Part 51 (10 CFR Part 51). Based activities conducted at the Facility NRC has identified no other radiological
on the EA, the NRC has concluded that shows that such activities involved use or non-radiological activities in the area
a Finding of No Significant Impact of the following radionuclide with half- that could result in cumulative
(FONSI) is appropriate with respect to lives greater than 120 days: carbon-14. environmental impacts.
the proposed action. The amendment The NRC staff finds that the proposed
Prior to performing the final status
will be issued to the Licensee following release of the Facility for unrestricted
survey, the Licensee conducted
the publication of this FONSI and EA in use and the termination of the NRC
decontamination activities, as
materials license is in compliance with
the Federal Register. necessary, in the areas of the Facility
10 CFR 20.1402. Based on its review,
affected by this radionuclide.
II. Environmental Assessment the staff considered the impact of the
A final status survey was conducted
residual radioactivity at the Facility and
Identification of Proposed Action in conjunction with the closeout of each
concluded that the proposed action will
area within the Facility, and these
The proposed action would approve not have a significant effect on the
surveys were done during July through
the Licensee’s November 15, 2007, quality of the human environment.
October 2007. The final status survey
license amendment request, resulting in report was attached to the Licensee’s Environmental Impacts of the
release of the Facility for unrestricted amendment request dated November 15, Alternatives to the Proposed Action
use and the termination of its NRC 2007. The Licensee elected to Due to the largely administrative
materials license. License No. 37– demonstrate compliance with the nature of the proposed action, its
30095–01 was issued on February 28, radiological criteria for unrestricted environmental impacts are small.
1994, pursuant to 10 CFR Part 30, and release as specified in 10 CFR 20.1402 Therefore, the only alternative the staff
has been amended periodically since by using the screening approach considered is the no-action alternative,
that time. This license authorized the described in NUREG–1757, under which the staff would leave
Licensee to use unsealed byproduct ‘‘Consolidated NMSS Decommissioning things as they are by simply denying the
material for purposes of conducting Guidance,’’ Volume 2. The Licensee amendment request. This no-action
research and development activities on used the radionuclide-specific derived alternative is not feasible because it
laboratory bench tops and in hoods. concentration guideline levels (DCGLs), conflicts with 10 CFR 30.36(d),
developed there by the NRC, which requiring that decommissioning of
The Facility is comprised of two comply with the dose criterion in 10
buildings and consists of office space byproduct material facilities be
CFR 20.1402. These DCGLs define the completed and approved by the NRC
and laboratories. The Facility is located maximum amount of residual
in a commercial area. Within the 30,000 after licensed activities cease. The
radioactivity on building surfaces, NRC’s analysis of the Licensee’s final
square foot Facility, use of licensed equipment, and materials, that will
materials was confined to 2,410 square status survey data confirmed that the
satisfy the NRC requirements in Subpart Facility meets the requirements of 10
feet. E of 10 CFR part 20 for unrestricted CFR 20.1402 for unrestricted release and
During the summer of 2007, the release. The Licensee’s final status for license termination. Additionally,
Licensee ceased licensed activities at survey results were below these DCGLs denying the amendment request would
the Facility and initiated survey and and are in compliance with the As Low result in no change in current
decontamination actions there. Based on As Reasonably Achievable (ALARA) environmental impacts. The
the Licensee’s historical knowledge of requirement of 10 CFR 20.1402. The environmental impacts of the proposed
the site and the conditions of the NRC thus finds that the Licensee’s final action and the no-action alternative are
Facility, the Licensee determined that status survey results are acceptable. therefore similar, and the no-action
only routine decontamination activities, Based on its review, the staff has alternative is accordingly not further
in accordance with their NRC-approved, determined that the affected considered.
operating radiation safety procedures, environment and any environmental
impacts associated with the proposed Conclusion
were required. The Licensee was not
required to submit a decommissioning action are bounded by the impacts The NRC staff has concluded that the
plan to the NRC because worker cleanup evaluated by the ‘‘Generic proposed action is consistent with the
activities and procedures are consistent Environmental Impact Statement in NRC’s unrestricted release criteria
Support of Rulemaking on Radiological specified in 10 CFR 20.1402. Because
with those approved for routine
Criteria for License Termination of NRC- the proposed action will not
operations. The Licensee conducted
Licensed Nuclear Facilities’’ (NUREG– significantly impact the quality of the
surveys of the Facility and provided
1496) Volumes 1–3 (ML042310492, human environment, the NRC staff
information to the NRC to demonstrate
ML042320379, and ML042330385). The concludes that the proposed action is
that it meets the criteria in Subpart E of
Licensee also considered and the preferred alternative.
10 CFR Part 20 for unrestricted release appropriately accounted for the dose
and for license termination. contribution from previous site releases Agencies and Persons Consulted
Need for the Proposed Action including the impact of residual NRC provided a draft of this
radioactivity at previously-released site Environmental Assessment to the
The Licensee has ceased conducting locations of use. The staff finds there Commonwealth of Pennsylvania
licensed activities at the Facility, and were no significant environmental Department of Environmental Protection
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seeks the unrestricted use of its Facility impacts from the use of radioactive for review on January 25, 2008. On
and the termination of its NRC materials material at the Facility. The NRC staff January 29, 2008, the Commonwealth of
license. Termination of its license reviewed the docket file records and the Pennsylvania Department of
would end the Licensee’s obligation to final status survey report to identify any Environmental Protection responded by
pay annual license fees to the NRC. non-radiological hazards that may have electronic mail. The Commonwealth

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9600 Federal Register / Vol. 73, No. 35 / Thursday, February 21, 2008 / Notices

agreed with the conclusions of the EA, electronically on the public computers will be issued to the Licensee following
and otherwise had no comments. located at the NRC’s PDR, O 1 F21, One the publication of this FONSI and EA in
The NRC staff has determined that the White Flint North, 11555 Rockville the Federal Register.
proposed action is of a procedural Pike, Rockville, MD 20852. The PDR
nature, and will not affect listed species II. Environmental Assessment
reproduction contractor will copy
or critical habitat. Therefore, no further documents for a fee. Identification of Proposed Action
consultation is required under Section 7 Dated at Region I, 475 Allendale Road this The proposed action would approve
of the Endangered Species Act. The 13th day of February 2008. the Licensee’s March 27, 2007, license
NRC staff has also determined that the For the Nuclear Regulatory Commission. amendment request, resulting in release
proposed action is not the type of
James P. Dwyer, of the Facility for unrestricted use.
activity that has the potential to cause
Chief, Commercial and R&D Branch, Division License No. 37–30924–01 was issued on
effects on historic properties. Therefore,
of Nuclear Materials Safety, Region I. September 8, 2004, pursuant to 10 CFR
no further consultation is required
[FR Doc. E8–3200 Filed 2–20–08; 8:45 am] part 30, and has been amended
under Section 106 of the National
BILLING CODE 7590–01–P periodically since that time. This
Historic Preservation Act.
license authorized the Licensee to use
III. Finding of No Significant Impact byproduct material in any form for
The NRC staff has prepared this EA in NUCLEAR REGULATORY purposes of conducting research and
support of the proposed action. On the COMMISSION development activities as defined in 10
basis of this EA, the NRC finds that CFR 30.4.
[Docket No. 030–36603]
there are no significant environmental The Facility contains 4,000 square
impacts from the proposed action, and Notice of Availability of Environmental feet of office space and laboratories.
that preparation of an environmental Assessment and Finding of No Within the Facility, use of licensed
impact statement is not warranted. Significant Impact for License materials was confined to the Biology
Accordingly, the NRC has determined Amendment to Byproduct Materials lab and adjacent lab corridor.
that a Finding of No Significant Impact License No. 37–30924–01, for the In July 2004, the Licensee ceased
is appropriate. Unrestricted Release of the Tetralogic licensed activities, initiated a survey
Pharmaceutical Facility in Malvern, PA and began decontamination of the
IV. Further Information Facility. Based on the Licensee’s
Documents related to this action, AGENCY: Nuclear Regulatory historical knowledge of the site and the
including the application for license Commission. conditions of the Facility, the Licensee
amendment and supporting ACTION: Issuance of Environmental determined that only routine
documentation, are available Assessment and Finding of No decontamination activities, in
electronically at the NRC’s Electronic Significant Impact for License accordance with their NRC-approved,
Reading Room at http://www.nrc.gov/ Amendment. operating radiation safety procedures,
reading-rm/adams.html. From this site, were required. The Licensee was not
you can access the NRC’s Agencywide FOR FURTHER INFORMATION CONTACT: required to submit a decommissioning
Document Access and Management Farrah Gaskins, Health Physicist, plan to the NRC because worker cleanup
System (ADAMS), which provides text Commercial and R&D Branch, Division activities and procedures are consistent
and image files of NRC’s public of Nuclear Materials Safety, Region I, with those approved for routine
documents. The documents related to 475 Allendale Road, King of Prussia, operations. The Licensee conducted
this action are listed below, along with Pennsylvania 19406; telephone (610) surveys of the Facility and provided
their ADAMS accession numbers. 337–5143; fax number (610) 337–5269; information to the NRC to demonstrate
1. NUREG–1757, ‘‘Consolidated or by e-mail: fcg@nrc.gov. that it meets the criteria in Subpart E of
NMSS Decommissioning Guidance;’’ SUPPLEMENTARY INFORMATION: 10 CFR part 20 for unrestricted release.
2. Title 10 Code of Federal I. Introduction Need for the Proposed Action
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License The U.S. Nuclear Regulatory The Licensee has ceased conducting
Termination;’’ Commission (NRC) is considering the licensed activities at the Facility, and
3. Title 10, Code of Federal issuance of a license amendment to seeks the unrestricted use of its Facility.
Regulations, Part 51, ‘‘Environmental Byproduct Materials License No. 37–
30924–01. This license is held by Environmental Impacts of the Proposed
Protection Regulations for Domestic Action
Licensing and Related Regulatory TetraLogic Pharmaceuticals (the
Functions;’’ Licensee), for its facility located at 365 The historical review of licensed
4. NUREG–1496, ‘‘Generic Phoenixville Pike in Malvern, activities conducted at the Facility
Environmental Impact Statement in Pennsylvania (the Facility). Issuance of shows that such activities involved use
Support of Rulemaking on Radiological the amendment would authorize release of the following radionuclides with half-
Criteria for License Termination of NRC- of the Facility for unrestricted use. The lives greater than 120 days: Hydrogen-
Licensed Nuclear Facilities;’’ Licensee requested this action in a letter 3. Prior to performing the final status
5. MPI Research Inc. Termination dated March 27, 2007. The NRC has survey, the Licensee conducted
Request dated November 15, 2007 prepared an Environmental Assessment decontamination activities, as
[ML073370821]. (EA) in support of this proposed action necessary, in the areas of the Facility
If you do not have access to ADAMS, in accordance with the requirements of affected by these radionuclides.
or if there are problems in accessing the Title 10, Code of Federal Regulations The Licensee conducted a final status
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documents located in ADAMS, contact (CFR), Part 51 (10 CFR part 51). Based survey on January 31, 2007. This survey
the NRC Public Document Room (PDR) on the EA, the NRC has concluded that covered the Biology lab, the adjacent lab
Reference staff at 1–800–397–4209, 301– a Finding of No Significant Impact corridor, and adjacent areas. The final
415–4737, or by e-mail to pdr@nrc.gov. (FONSI) is appropriate with respect to status survey report was attached to the
These documents may also be viewed the proposed action. The amendment Licensee’s amendment request dated

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