[Federal Register Volume 88, Number 144 (Friday, July 28, 2023)]
[Notices]
[Pages 48919-48920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15978]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-228; NRC-2023-0125]


Aerotest Operations, Inc.; Aerotest Radiography and Research 
Reactor

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of decommissioning plan; opportunity to provide 
comments.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
decommissioning plan from Aerotest Operations, Inc. for the Aerotest 
Radiography and Research Reactor, located in Contra Costa County, 
California. The license authorizes the possession only of the reactor 
and fuel, but not use or operation of the permanently shutdown 
facility. Aerotest Operations, Inc. is requesting NRC review and 
approval of a proposed decommissioning plan. If approved, the NRC would 
amend the Aerotest Radiography and Research Reactor license to 
reference the NRC approved decommissioning plan. Additionally, the NRC 
would add a license condition requiring the licensee to submit more 
detailed information on remaining dismantlement and remediation 
activities, as well as the final status survey plan, for NRC review and 
approval prior to conducting final status surveys for license 
termination.

DATES: Submit comments by August 28, 2023. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0125. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Jack Parrott, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-6634; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0125 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0125.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to [email protected]. The ADAMS accession number for 
each document referenced (if it is available in ADAMS) is provided the 
first time that it is mentioned in this document.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2023-0125 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC has received, by letter dated July 20, 2021 (ADAMS 
Accession No. ML21230A304), as supplemented by letter dated January 20, 
2022 (ADAMS Accession No. ML22025A200), a request to review and approve 
the proposed decommissioning plan submitted by Aerotest Operations, 
Inc. for the Aerotest Radiography and Research Reactor, located in 
Contra Costa County, California. NRC License No. R-98 authorizes the 
possession only of the reactor and fuel, but not use or operation of 
the permanently shutdown facility. If approved, the NRC would amend the 
Aerotest Radiography and Research Reactor license to reference the NRC 
approved decommissioning plan and add a license condition. The license 
condition would require the licensee to submit more detailed 
information about remaining dismantlement and remediation activities, 
as well as the final status survey plan, for NRC review and approval 
prior to conducting final status surveys for license termination.
    Aerotest Operations, Inc. submitted its proposed decommissioning 
plan pursuant to paragraph (b)(1) of section 50.82, ``Termination of 
license,'' of title 10 of the Code of Federal Regulations (10 CFR), 
which requires Aerotest Operations, Inc. to apply for license 
termination within 2 years of permanently ceasing operations, and also 
requires that each application for termination of a license be 
accompanied or preceded by a proposed decommissioning plan. An NRC 
administrative completeness review found the application acceptable to

[[Page 48920]]

begin a technical review (ADAMS Accession No. ML22098A092).
    If the NRC approves the decommissioning plan, the NRC will amend 
NRC License No. R-98. However, prior to doing so, the NRC will need to 
make the findings required by the Atomic Energy Act of 1954, as 
amended, and the NRC's regulations. The NRC's findings will be 
documented in a safety evaluation report. The proposed action appears 
to qualify for a categorical exclusion under 10 CFR 51.22; therefore a 
separate environmental assessment will not be prepared in relation to 
this action.

III. Notice and Solicitation of Comments

    In accordance with section 10 CFR 20.1405, the Commission is 
providing notice and soliciting comments from local and State 
governments in the vicinity of the site and any Federally recognized 
Indian tribe that could be affected by the decommissioning activities 
for the Aerotest Radiography and Research Reactor. This notice and 
solicitation of comments is published pursuant to 10 CFR 20.1405, which 
provides for publication in the Federal Register and in a forum, such 
as local newspapers, letters to State or local organizations, or other 
appropriate forum, that is readily accessible to individuals in the 
vicinity of the site. Comments should be provided within 30 days of the 
date of this notice.
    Further, in accordance with 10 CFR 50.82(b)(5), notice is also 
provided to interested persons of the Commission's intent to approve 
the decommissioning plan by amendment, subject to such conditions and 
limitations as it deems appropriate and necessary, if the plan 
demonstrates that decommissioning of the Aerotest Radiography and 
Research Reactor will be performed in accordance with the applicable 
NRC regulations, and will not be inimical to the common defense and 
security or to the health and safety of the public.

    Dated: July 24, 2023.
    For the Nuclear Regulatory Commission.
Shaun M. Anderson,

Chief, Reactor Decommissioning Branch, Division of Decommissioning, 
Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2023-15978 Filed 7-27-23; 8:45 am]
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