ML20033G536
| ML20033G536 | |
| Person / Time | |
|---|---|
| Issue date: | 03/21/1990 |
| From: | Carr K NRC COMMISSION (OCM) |
| To: | Busey J FEDERAL AVIATION ADMINISTRATION |
| References | |
| NUDOCS 9004100235 | |
| Download: ML20033G536 (2) | |
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4 UNITED 8TATES i
y NUCLEAR REGULATORY COMMISSION 1
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CHAIRMAN The Honorable James B. Busey Administrator, Federal Aviation Administration United States Department of Transportation Washington, D.C. 20591 DearMr.b' c
in my Dec mber 11, 1989 letter to you, I stated that the licensing process for large-scale deployment of thermal neutron activation (TNA) explosive detection devices in airports should be supported by a programmatic environmental review.
I further indicated that the Federal Aviation Administration (FAA) should be the lead agency conducting such a~ review and suggested our staffs meet promptly to resolve the lead agency question and establish procedures for conducting the review.
The purpose of this letter is to inform you that our staffs have met and agreed that such a programmatic environmental review should be done.
However, the Nuclear Regulatory Commission (NRC) staff's understanding is that the FAA has not agreed to be the lead agency in conducting such a review.
We believe that the lead agency responsibility should be exercised by the FAA because the FAA required wide-scale deployment of the TNA technology.
The FAA is the only agency that can approve the airlines' security plans, select the security devices, and approve the TNA technology in the individual security plans.
Only the FAA has the continuing responsibility for, and involvement in, the successful deployment of the TNA technology at airports throughout this country and overseas.
In addition, the National Environ-mental Policy Act requires Federal agencies to consider alternatives to-their proposed action as well as the environmental impacts of these alternatives.
The FAA has a better technical capability to evaluate various technologies for explosive detection and compare their effectiveness as well as the environmental effects of this and alternative detection technologies that may be required to be evaluated in the programmatic environmental review.
Furthermore, although the NRC issued licenses for the initial FAA-owned TNA systems and prepared environmental assessments of these devices, most of the additional TNA devices will need to be licensed by Agreement States because 1
900410023'5 900321 COMMS NRCC
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k The Honorable James B. Busey they will be privately owned and primarily located in Agreement States.
In their licensing roles, the NRC and the Agreement States only have the responsibility and expertise to ensure that the radioactive material is used and handled safely.
For these reasons, the NRC should not be the lead agency for this programmatic review.
I would urge you to give your personal attention to resolving this matter so that the necessary actions to support large-scale deployment of these devices can be initiated consistent with our mutual interests.
Sincerely, Kenneth M. Carr l
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JLa UNITED STATES e
i NUCLEAR REGULATORY COMMIS$10N d
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Decemeer 11, 1989 CHAIRMAN i
The Honorable James B. Busey Administrator, Federa l Aviation Administration United States Department of Transportation Washington, D.C.
20591
Dear ey:
I am responding to your letter of October 13, 1989, request for licensing the installation by the Federal Aviationassi Administration (FAA) of a thermal neutron activation (
explosive detection oevice in the concourse area of a U.S. air-port.
We understand and support the urgent need to deploy this new technology in order to deter terrorist activities against U S international air carriers.
3 The Federal Aviation Administration and Nuclear Regulatory Commission (NRC) staffs have previously worked cooperatively completing the evaluation and licensing necessary for the proto-on i
type and ramp TNA systems.
I can assure you that the NRC staff will continue to work expeditiously to complete the environmenta review required by Section 102(2) of the Nation Policy Act program to collect operating data in various airpo In that regard, on October s
18, 1989, n s.
environmental report of the proposed concourse installation fromthe N your contractor, Science Applications International Corporation (SAIC).
The NRC staf f completed their initial review on October 30, 1989 and requested be correc,ted.
that a number of significant deficiencies On November 1, 1989 with NRC to discuss, deficiencies in the report and the NRC 1
for more information.
that was submitted at the end of November 1989 is comple accurate, we believe that-our licensing decision, including publication of the environmental findin i
can be completed by February gs in the Federal Register, 15, 1990.
favorable, this would be compatible with the planned concours If our decision is i
installation of the TNA device that we understand is e
for early March 1990.
Please note, however, more detailed review of the information may raise additional issues that will need to be resolved before NRC can license the installat device.
the receipt of high quality information necessary to issues.
resolve the Q()k00 h
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of TNA devices by the airlines, the NRC staff is deve i
licensing guide and standard review plan to facilitate the licensing of air carriers for such devices by both our Regional Offices and the Agreement States.
Large-scale deployment of TNA devices and concomitant licensing by both NRC and Agreement States raise another regulatory matter that States need to resolve cooperatively. FAA, NRC, and the Agreement process for any large-scalc deployment should be supported by aI programma tic environmental review.
We believe FAA should be the lead agency in conducting such a review, with input from NRC and the Agreement States on radiation issues.
I suggest that our staffs meet promptly to resolve the lead agency question and establish the procedures for exchange of information necessary for such a programmatic environmental review.
Sincerely, 4
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(enneth M. Carr
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