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to recognize appropriate speeds for presidential historical materials. Notice The tape recordings will be made
different road conditions and slopes, is hereby given that, in accordance with available in the research room at 8601
and to lower the grader blade to provide section 104 of Title I of the Presidential Adelphi Road, College Park, Maryland
additional stopping capability; and (3) Recordings and Materials Preservation no earlier than noon on the opening
the safety of the miners will not be Act (‘‘PRMPA’’, 44 U.S.C. 2111 note) date. Researchers must have a NARA
compromised. The petitioner asserts and 1275.42 (b) of the PRMPA researcher card, which they may obtain
that the alternative braking method will Regulations implementing act (36 CFR when they arrive at the facility.
provide the necessary safety for the part 1275), the agency has identified, Listening stations will be available for
workforce as is required in 30 CFR inventoried, and prepared for public public use on a first come, first served
75.1909(b)(6). access approximately 11 hours of Nixon basis. NARA reserves the right to limit
Docket Number: M–2007–005–M. White House tape recordings among the listening time in response to heavy
Petitioner: Oldcastle Industrial Nixon presidential historical materials. demand.
Minerals, 550 S. Biesecker Road,
DATES: The National Archives and Dated: May 24, 2007.
Thomasville, Pennsylvania.
Mine: Thomasville Mine, (MSHA I.D. Records Administration (NARA) intends Allen Weinstein,
No. 36–03432), located in York County, to make the materials described in this
Archivist of the United States.
Pennsylvania. notice available to the public no earlier
than July 5, 2007. The exact date of the [FR Doc. E7–10411 Filed 5–30–07; 8:45 am]
Regulation Affected: 30 CFR
57.11052(d) (Refuge areas). opening has yet to be determined, but BILLING CODE 7515–01–P
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30398 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Notices
Dated: May 4, 2007. Stop T6-D59, U.S. Nuclear Regulatory In response to the Ninth Circuit
Linda V. Priebe, Commission, Washington, DC 20555– decision, the Commission issued a
Assistant General Counsel. 0001. Please note Docket No. 72–26 Memorandum and Order on February
[FR Doc. E7–10390 Filed 5–30–07; 8:45 am] when submitting comments. Comments 26, 2007, directing the NRC staff to
BILLING CODE 3180–02–P
will also be accepted by e-mail, at prepare a revised EA, addressing the
NRCREP@nrc.gov or by facsimile to likelihood of a terrorist attack at the
(301) 492–3342, Attention: James R. Diablo Canyon ISFSI site and the
Hall. potential consequences of such an
NUCLEAR REGULATORY
attack.
COMMISSION FOR FURTHER INFORMATION, CONTACT: The October 24, 2003, EA and FONSI,
[Docket No. 72–26] James R. Hall, Senior Project Manager, and the license and supporting
Licensing Branch, Division of Spent documents, are available on NRC’s Web
Notice of Availability of Supplement to Fuel Storage and Transportation, Mail site at: http://www.nrc.gov/waste.html,
the Environmental Assessment and Stop 6003–3D–02M, U.S. Nuclear by selecting ‘‘Diablo Canyon ISFSI,’’ in
Draft Finding of No Significant Impact Regulatory Commission, Washington, the Quick Links box. Copies are also
for the Diablo Canyon Independent DC 20555–0001. Telephone: (301) 492– available by contacting James R. Hall, as
Spent Fuel Storage Installation 3319; e-mail: jrh@nrc.gov. noted above.
AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION: II. Summary of Supplement to the EA
Commission. I. Introduction for the Diablo Canyon ISFSI
ACTION: Notice of availability of In the supplement to the EA, the NRC
opportunity to provide comments. On December 21, 2001, PG&E
submitted an application to NRC, staff has considered the potential
SUMMARY: Notice is hereby given that requesting a site-specific license to radiological impacts of terrorist acts on
the U.S. Nuclear Regulatory build and operate an ISFSI, to be located the Diablo Canyon ISFSI. NRC has
Commission (NRC) is issuing a on the site of the Diablo Canyon Power established requirements and has
supplement to the Environmental Plant, in San Luis Obispo County, initiated several actions designed to
Assessment (EA) for the Diablo Canyon California. In accordance with the provide high assurance that a terrorist
National Environmental Policy Act attack would not lead to a significant
Independent Spent Fuel Storage
(NEPA), the NRC staff issued an EA for radiological event at an ISFSI. These
Installation (ISFSI) and publishing, for
include: (1) NRC’s continual evaluation
public comment, a draft Finding of No this action on October 24, 2003, in
of the threat environment, in
Significant Impact (FONSI). NRC issued conformance with NRC requirements
coordination with the intelligence and
the EA and initial FONSI for this action specified in 10 CFR 51.21 and 51.30,
law enforcement communities, which
on October 24, 2003, and subsequently and the associated guidance in NRC
provides, in part, the basis for the
issued a license for the Diablo Canyon report NUREG–1748, ‘‘Environmental
protective measures currently required;
ISFSI to the Pacific Gas and Electric Review Guidance for Licensing Actions
(2) the protective measures that are in
Company (PG&E), on March 22, 2004. Associated with NMSS Programs.’’
place to reduce the chance of an attack
The license authorizes PG&E to receive, Based on the EA, NRC also issued a
that leads to a significant release of
possess, store, and transfer spent FONSI for this action on October 24,
radiation; (3) the robust design of dry
nuclear fuel and associated radioactive 2003, in accordance with 10 CFR 51.31 cask storage systems, which provide
materials resulting from the operation of and 51.32. substantial resistance to penetration;
the Diablo Canyon Power Plant in an On March 22, 2004, the NRC staff and (4) NRC security assessments of the
ISFSI at the site for a term of 20 years. issued Materials License No. SNM–2511 potential consequences of terrorist
NRC is issuing this supplement to the to PG&E, pursuant to 10 CFR Part 72, attacks against ISFSIs.
EA and draft FONSI in response to the authorizing PG&E to receive, possess, The supplement to the EA describes
June 2, 2006, decision by the United store, and transfer spent nuclear fuel the security measures for ISFSIs and
States Court of Appeals for the Ninth and associated radioactive materials discusses the security assessments
Circuit, San Luis Obispo Mothers for resulting from the operation of the performed by NRC, which confirmed
Peace v. NRC, 449 F.3d 1016 (9th Cir. Diablo Canyon Power Plant in an ISFSI that the existing security requirements,
2006). This supplement to the EA at the site for a term of 20 years. PG&E imposed by regulations and orders, are
addresses the environmental impacts has begun construction of the Diablo adequate to provide high assurance that
from potential terrorist acts against the Canyon ISFSI and currently plans to a terrorist attack on an ISFSI will not
Diablo Canyon ISFSI. start transferring spent fuel to the ISFSI lead to significant radiological
DATES: The public comment period on in mid-2008. consequences. Threat scenarios
the draft FONSI closes July 2, 2007. After NRC’s issuance of the license for considered in the generic security
Written comments should be submitted the Diablo Canyon ISFSI, the San Luis assessments for ISFSIs included a large
as described in the ADDRESSES section of Obispo Mothers for Peace and other aircraft impact similar in magnitude to
this notice. Comments submitted by parties filed suit in the United States the attacks of September 11, 2001, and
mail should be postmarked by that date, Court of Appeals for the Ninth Circuit, ground assaults using expanded
to ensure consideration. Comments asking that NRC be required to consider adversary characteristics consistent with
received or postmarked after that date terrorist acts in its environmental the design basis threat for radiological
will be considered if it is practical to do review associated with this licensing sabotage for nuclear power plants.
so, but the Commission is able to assure action. In its decision of June 2, 2006, The NRC staff compared the
consideration only for comments San Luis Obispo Mothers for Peace v. assumptions used in the generic ISFSI
sroberts on PROD1PC70 with NOTICES
received on or before this date. NRC, 449 F.3d 1016 (9th Cir. 2006), the security assessments to the relevant
ADDRESSES: Members of the public are Ninth Circuit held that NRC could not features of the Diablo Canyon ISFSI.
invited and encouraged to submit categorically refuse to consider the Based on this comparison, the staff
comments to the Chief, Rulemaking, consequences of a terrorist attack under determined that the assumptions used
Directives, and Editing Branch, Mail NEPA and remanded the case to NRC. in these generic security assessments,
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