[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Pages 26811-26812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10927]



[Docket No. 50-264; NRC-2012-0026]

Dow Chemical Company, Dow TRIGA Research Reactor; License Renewal 
for the Dow Chemical TRIGA Research Reactor; Supplemental Information 
and Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice; supplemental information and correction.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a 
notice in the Federal Register on July 20, 2012 (77 FR 42771), 
``License Renewal for the Dow Chemical TRIGA Research Reactor,'' to 
inform the public that the NRC is considering issuance of a renewed 
Facility License No. R-108 for Dow Chemical Company which would 
authorize continued operation of the Dow TRIGA Research Reactor. The 
notice provided the NRC staff's review of the Environmental Assessment 
and Finding of No Significant Impact for the Dow TRIGA Research 
Reactor. This action is necessary to (1) correct a typographical error 
in Section II.A., ``Radiological Impact;'' and (2) provide the public 
with supplemental information regarding the U.S. Court of Appeals Waste 
Confidence Ruling and NRC staff review of the ruling showing the non-
applicability to research and test reactor licensing.

ADDRESSES: Please refer to Docket ID NRC-2012-0026 when contacting the 
NRC about the availability of information regarding this document. You 
may access information related to this document, which the NRC 
possesses and is publicly available, using any of the following 
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0026. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library 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 pdr.resource@nrc.gov.
     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: Geoffrey A. Wertz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone 301-415-0893, email: Geoffrey.Wertz@nrc.gov.


I. Correction

    In the Federal Register (FR) of July 20, 2012, in FR Doc. 2012-
17733, on page 42772, in the second column, first paragraph, second 
line, replace ``retains'' with ``takes.''

II. Supplemental Information

    On June 8, 2012, the U.S. Court of Appeals for the District of 
Columbia Circuit found that some aspects of the 2010 Waste Confidence 
Rulemaking did not satisfy the NRC's National Environmental Policy Act 
obligations and vacated the rulemaking. On August 7, 2012, the 
Commission directed the NRC staff not to issue any licenses dependent 
on the Waste Confidence Rule until the court's remand has been 
appropriately addressed. The NRC staff analyzed the Waste Confidence 
Rule (part 51.23 of Title 10 of the Code of Federal Regulations (10 
CFR), ``Temporary Storage of Spent Fuel after Cessation of Reactor 
Operation-Generic Determination of No Significant Environmental 
Impact''), as well as supplemental information, and concluded that 10 
CFR 51.23 does not specifically refer to research and test reactors 
(RTRs), only to power reactors and independent spent fuel storage

[[Page 26812]]

installations. As such, RTR licensing does not rely or depend on the 
Waste Confidence Rule. The NRC staff's memo documenting this review can 
be found in the NRC's Agencywide Documents Access and Management System 
under Accession No. ML13071A642.

    Dated at Rockville, Maryland, this 1st day of May 2013.

    For the Nuclear Regulatory Commission.
Alexander Adams, Jr.,
Chief, Research and Test Reactors Licensing Branch, Division of Policy 
and Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2013-10927 Filed 5-7-13; 8:45 am]