[Federal Register Volume 74, Number 85 (Tuesday, May 5, 2009)]
[Notices]
[Pages 20758-20760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-10343]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0191]

[Docket No. 030-35869]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Nuclear 
Materials License No. 06-28699-03, for Termination of the License and 
Unrestricted Release of the Swiss Army Brand, Incorporated Facility 
Located in Shelton, CT

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment.

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FOR FURTHER INFORMATION CONTACT: Thomas K. Thompson, Sr. Health 
Physicist, Commercial and R&D Branch, Division of Nuclear Materials 
Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 
19406; telephone (610) 337-5303; fax number (610) 337-5269; or by e-
mail: thomas.thompson@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering the 
issuance of an amendment to byproduct materials License No. 06-28699-
03. This license is held by Swiss Army Brands, Inc. (the licensee) for 
its facility located at 65 Trap Falls Road, Shelton, Connecticut (the 
Facility). Issuance of the amendment would authorize release of the 
Facility for unrestricted use and termination of the NRC license. The 
Licensee requested this action in a letter dated March 19, 2008. The 
NRC has prepared an Environmental Assessment (EA) in support of this 
proposed action in accordance with the requirements of Title 10, Code 
of Federal Regulations (CFR), Part 51 (10 CFR Part 51). Based on the 
EA, the NRC has concluded that a Finding of No Significant Impact 
(FONSI) is appropriate with respect to the proposed action. The 
amendment will be issued to the Licensee following the publication of 
this FONSI and EA in the Federal Register.

II. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve the Licensee's March 19, 2008, 
license amendment request, resulting in release of the Facility for 
unrestricted use and the termination of its NRC materials license. 
License No. 06-28699-03 was issued on November 20, 2001, pursuant to 10 
CFR Part 30, and has been amended periodically since that time. This 
license authorized the Licensee to use tritiated (containing hydrogen-
3) luminous painted dials for assembly on watches and alarm clocks.
    The Facility is a one-story building of approximately 82,550 square 
feet, containing warehouse spaces, office spaces and laboratories. 
Within the Facility, use of licensed materials was largely confined to 
the 3,520 square foot watch repair area. The Facility is located in a 
mixed residential/commercial area. Within the Facility, the 
radionuclide of concern was hydrogen-3 because the half-life of this 
isotope is greater than 120 days.
    In September 2007, the Licensee last handled watches containing 
tritium, ceased licensed activities and initiated a survey of the 
affected areas of the Facility. Based on the Licensee's historical 
knowledge of the site and the conditions of the Facility, the Licensee 
determined that only routine decontamination activities, in accordance 
with the NRC-approved operating radiation safety procedures, would be 
required. The Licensee was not required to submit a decommissioning 
plan to the NRC because worker cleanup activities and procedures are 
consistent with those approved for routine operations. The Licensee 
conducted surveys of the Facility and provided information to the NRC 
to demonstrate that it meets the criteria in Subpart E of 10 CFR Part 
20 for unrestricted release and for license termination.

Need for the Proposed Action

    The Licensee has ceased conducting licensed activities at the 
Facility, and seeks the unrestricted use of its Facility and the 
termination of its NRC materials license. Termination of its license 
would end the Licensee's obligation to pay annual license fees to the 
NRC.

Environmental Impacts of the Proposed Action

    The historical review of licensed activities conducted at the 
Facility shows that such activities involved use of the following 
radionuclide with a half-life greater than 120 days: Hydrogen-3.
    The Licensee conducted a final status survey in January 2008. This 
survey covered the areas of use in the Facility. The final status 
survey report was received March 12, 2008. The Licensee demonstrated 
compliance with the radiological criteria for unrestricted release as 
specified in 10 CFR 20.1402

[[Page 20759]]

by using the screening approach described in NUREG-1757, ``Consolidated 
Decommissioning Guidance,'' Volume 2. The radionuclide-specific derived 
concentration guideline levels (DCGLs), developed by the NRC, which 
comply with the dose criterion in 10 CFR 20.1402, were not exceeded. 
These DCGLs define the maximum amount of residual radioactivity on 
building surfaces, equipment, and materials, and in soils, that will 
satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for 
unrestricted release. The Licensee's final status survey results were 
below these DCGLs and are in compliance with the As Low As Reasonably 
Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds 
that the Licensee's final status survey results are acceptable. Based 
on its review, the staff has determined that the affected environment 
and any environmental impacts associated with the proposed action are 
bounded by the impacts evaluated by the ``Generic Environmental Impact 
Statement in Support of Rulemaking on Radiological Criteria for License 
Termination of NRC-Licensed Nuclear Facilities'' (NUREG-1496) Volumes 
1-3 (ML042310492, ML042320379, and ML042330385). The staff finds there 
were no significant environmental impacts from the use of radioactive 
material at the Facility. The NRC staff reviewed the docket file 
records and the final status survey report to identify any non-
radiological hazards that may have impacted the environment surrounding 
the Facility. No such hazards or impacts to the environment were 
identified. The NRC has identified no other radiological or non-
radiological activities in the area that could result in cumulative 
environmental impacts.
    The NRC staff finds that the proposed release of the Facility for 
unrestricted use and the termination of the NRC materials license is in 
compliance with 10 CFR 20.1402. Based on its review, the staff 
considered the impact of the residual radioactivity at the Facility and 
concluded that the proposed action will not have a significant effect 
on the quality of the human environment.

Environmental Impacts of the Alternatives to the Proposed Action

    Due to the largely administrative nature of the proposed action, 
its environmental impacts are small. Therefore, the only alternative 
the staff considered is the no-action alternative, under which the 
staff would leave things as they are by simply denying the amendment 
request. This no-action alternative is not feasible because it 
conflicts with 10 CFR 30.36(d), requiring that decommissioning of 
byproduct material facilities be completed and approved by the NRC 
after licensed activities cease. The NRC's analysis of the Licensee's 
final status survey data confirmed that the Facility meets the 
requirements of 10 CFR 20.1402 for unrestricted release and for license 
termination. Additionally, denying the amendment request would result 
in no change in current environmental impacts. The environmental 
impacts of the proposed action and the no-action alternative are 
therefore similar, and the no-action alternative is accordingly not 
further considered.

Conclusion

    The NRC staff has concluded that the proposed action is consistent 
with the NRC's unrestricted release criteria specified in 10 CFR 
20.1402. Because the proposed action will not significantly impact the 
quality of the human environment, the NRC staff concludes that the 
proposed action is the preferred alternative.

Agencies and Persons Consulted

    NRC provided a draft of this Environmental Assessment to the State 
of Connecticut, Department of Environmental Protection, Division of 
Radiation, for review on February 9, 2009. The State replied by 
electronic mail on April 9, 2009, indicating they agreed with the 
conclusions of the Environmental Assessment.
    The NRC staff has determined that the proposed action is of a 
procedural nature, and will not affect listed species or critical 
habitat. Therefore, no further consultation is required under Section 7 
of the Endangered Species Act. The NRC staff has also determined that 
the proposed action is not the type of activity that has the potential 
to cause effects on historic properties. Therefore, no further 
consultation is required under Section 106 of the National Historic 
Preservation Act.

III. Finding of No Significant Impact

    The NRC staff has prepared this EA in support 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 is appropriate.

IV. Further Information

    Documents related to this action, including the application for 
license amendment and supporting documentation, are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the 
NRC's Agency-wide Documents Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The documents 
related to this action are listed below, along with their ADAMS 
accession numbers.
    1. NRC License No. 06-28699-03, Amendment 4, issued December 20, 
2006 (ML063550135);
    2. Termination request dated March 19, 2008 (ML080940220);
    3. Additional information on termination request dated May 12, 2008 
(ML081540221);
    4. Additional information on termination request dated March 5, 
2008 (ML080940229);
    5. Additional information on termination request received October 
8, 2008 (ML083120214);
    6. Additional information on termination request dated December 2, 
2008 (ML083430273);
    7. License issued November 20, 2001 (ML013330202);
    8. Inspection report dated September 17, 2007 (ML072630308);
    9. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance'';
    10. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination'';
    11. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions''; and
    12. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities.''
    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or 
by e-mail to pdr@nrc.gov. These documents may also be viewed 
electronically on the public computers located at the NRC's PDR, O 
1F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. 
The PDR reproduction contractor will copy documents for a fee.

    Dated at King of Prussia, Pennsylvania this 28th day of April 
2009.


[[Page 20760]]


    For the Nuclear Regulatory Commission.

James P. Dwyer,
Chief, Commercial, Research and Development Branch, Division of Nuclear 
Materials Safety, Region I.
[FR Doc. E9-10343 Filed 5-4-09; 8:45 am]
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