ML22125A021

Federal Register Notice for January 14, 2010 Public Meeting on the Blending of Radioactive Low-Level Waste

ML22125A021
Person / Time
Issue date:	11/30/2009
From:	Gregory Suber NRC/NMSS/DDUWP/LLWPB
To:
Heath M
Shared Package
ML22124A176	List: ML22125A021 ML22126A046 ML22126A125 ML22129A111 ML22129A115 ML22129A134 ML22129A137 ML22132A122 ML22132A128
References
74FR62606, NRC-2009-0520
Download: ML22125A021 (4)

Text

62606 Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices NRC limit of 25 millirem per year for For the Nuclear Regulatory Commission. corrected on November 20, 2009, at 74 areas released for unrestricted use, as Keith I. McConnell, FR 60301, and concluded that renewal defined in 10 CFR 20.1402. Specifically, Deputy Director, Decommissioning and of the license will not have a significant SCE conducted characterization surveys Uranium Recovery Licensing Directorate, impact on the quality of the human of the areas to be released, during which Division of Waste Management and environment.

it identified low concentrations of Environmental Protection, Office of Federal For details with respect to the and State Materials and Environmental application for renewal, see the radioactive cesium, cobalt, and sodium Management Programs.

in the sediments of the SONGS-1 CWS. licensees letter dated December 6, 2005

[FR Doc. E9-28509 Filed 11-27-09; 8:45 am] (ADAMS Accession No. ML091250487),

These concentrations result in a calculated dose to the public of less BILLING CODE 7590-01-P as supplemented on October 31, 2008 than 1 millirem per year (mrem/yr), (ADAMS Accession No. ML092650603),

which is well below the NRC and April 2 (ADAMS Accession No.

NUCLEAR REGULATORY ML093030395), June 11 (ADAMS unrestricted use limit of 25 mrem/yr. COMMISSION Accession No. ML092030312),

The staff has prepared this EA in [NRC-2009-0495; Docket No. 50-005] September 1 (ADAMS Accession No.

support of the proposed license ML092580215), and October 21, 2009 amendment. The NRC has examined the Penn State Breazeale Reactor; Notice (ADAMS Accession No. ML092990409).

licensees proposed amendment request of Issuance of Renewed Facility Documents may be examined, and/or and concluded that there are no Operating License No. R-2 copied for a fee, at the NRCs Public significant radiological environmental Document Room (PDR), located at One The U.S. Nuclear Regulatory impacts associated with this action, and White Flint North, 11555 Rockville Pike Commission (NRC) has issued renewed it will not result in significant non- (first floor), Rockville, Maryland.

Facility Operating License No. R-2, held radiological environmental impacts. by the Pennsylvania State University Publicly available records will be (the licensee), which authorizes accessible electronically from the III. Finding of No Significant Impact continued operation of the Penn State Agencywide Documents Access and On the basis of the EA, NRC has Breazeale Reactor (PSBR), located in Management System (ADAMS) Public concluded that there are no significant University Park, Centre County, Electronic Reading Room on the NRC environmental impacts from the Pennsylvania. The PSBR is a pool-type, Web site, http://www.nrc.gov/reading-proposed amendment, and that light-water-moderated-and-cooled rm/adams.html. Persons who do not preparation of an environmental impact research reactor licensed to operate at a have access to ADAMS or who statement is not warranted. steady-state power level of 1 megawatt encounter problems in accessing the thermal power and pulse mode documents located in ADAMS should IV. Further Information operation with a peak pulse power of contact the NRC PDR Reference staff at approximately 2,000 megawatts. 1-800-397-4209 or 301-415-4737, or Documents related to this action, send an e-mail to pdr@nrc.gov.

including the application for Renewed Facility Operating License No.

amendment and supporting R-2 will expire at midnight 20 years Dated at Rockville, Maryland, this 20th day from its date of issuance. of November, 2009.

documentation, are available The renewed license complies with For the Nuclear Regulatory Commission.

electronically at the NRCs Electronic the standards and requirements of the Kathryn M. Brock, Reading Room at http://www.nrc.gov/

Atomic Energy Act of 1954, as amended Chief, Research and Test Reactors Branch reading-rm/adams.html. From this site, (the Act), and the Commissions rules A, Division of Policy and Rulemaking, Office you can access the NRCs Agencywide and regulations. The Commission has of Nuclear Reactor Regulation.

Document Access and Management made appropriate findings as required [FR Doc. E9-28511 Filed 11-27-09; 8:45 am]

System (ADAMS), which provides text by the Act and the Commissions BILLING CODE 7590-01-P and image files of NRCs public regulations in Title 10, Chapter 1, documents. The ADAMS accession Nuclear Regulatory Commission, of numbers for the documents related to the Code of Federal Regulations (10 NUCLEAR REGULATORY this notice are: (1) The licensees CFR), and sets forth those findings in COMMISSION application, dated December 19, 2007, the renewed license. The agency ML080580468, (2) the EA, [NRC-2009-0520]

afforded an opportunity for hearing in ML093010071, and (3) the SER, the Notice of Opportunity for Hearing Notice of Public Meeting and Request ML092670125. If you do not have access published in the Federal Register on for Comment on Blending of Low-Level to ADAMS or if there are problems in June 8, 2009, at 74 FR 27188. The NRC Radioactive Waste accessing the documents located in received no request for a hearing or ADAMS, contact the NRCs Public petition for leave to intervene following AGENCY: Nuclear Regulatory Document Room (PDR) Reference staff the notice. Commission.

at 1-800-397-4209, 301-415-4737, or The NRC staff prepared a safety ACTION: Notice of Public Meeting and a by e-mail to pdr@nrc.gov. evaluation report for the renewal of Request for Comment on Issues Related Facility License No. R-2 and concluded, to Blending of Low-Level Radioactive These documents may also be viewed based on that evaluation, that the WReier-Aviles on DSKGBLS3C1PROD with NOTICES electronically on the public computers Waste.

licensee can continue to operate the located at the NRCs PDR, OF-21, One facility without endangering the health

SUMMARY

The U.S. Nuclear Regulatory White Flint North, 11555 Rockville and safety of the public. The NRC staff Commission (NRC) plans to conduct a Pike, Rockville, MD 20852. The PDR also prepared an Environmental public meeting on January 14, 2010, in reproduction contractor will copy Assessment and Finding of No Rockville, MD, to solicit input on issues documents for a fee. Significant Impact for license renewal, associated with blending of low-level Dated at Rockville, Maryland this 20th day noticed in the Federal Register on radioactive waste (LLRW). Since the of November 2009. November 12, 2009, at 74 FR 58319, as closure of the LLRW disposal facility at VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1

Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices 62607 Barnwell, South Carolina on June 30, requirements, guidance, or oversight persons that the NRC will not edit their 2008 to out-of-compact generators, the related to blending of LLW. comments to remove any identifying or issue of blending of LLRW has received The staff is holding a public meeting contact information, and therefore, they increased attention from stakeholders, to obtain additional information on should not include any information in industry, and Agreement States, these and other related issues. their comments that they do not want especially blending that results in a Stakeholder views will be presented in publicly disclosed.

change in the classification of the waste, the vote paper that the staff prepares for Federal Rulemaking Web site: Go to as defined by the radionuclide the Commission. http://www.regulations.gov and search concentrations in 10 CFR part 61.55. DATES: Members of the public may for documents filed under Docket ID Blending, as defined here, refers to provide feedback at the transcribed NRC-2009-0520. Address questions mixing of LLRW of different public meeting or may submit written about NRC dockets to Carol Gallagher concentrations. It does not involve comments on the issues discussed in 301-492-3668; e-mail mixing radioactive waste with non- this notice. Comments on the issues and Carol.Gallagher@nrc.gov.

radioactive waste, (i.e., dilution) and questions presented in this notice and Mail comments to: Michael T. Lesar, concerns only disposal in a licensed discussed at the meeting should be Chief, Rulemaking and Directives facility, not release of radioactivity to postmarked no later than January 29, Branch (RDB), Division of the general environment. 2010. Comments received after this date Administrative Services, Office of Blending is not prohibited or will be considered if it is practical to do Administration, Mail Stop: TWB explicitly addressed in NRC regulations. so. NRC plans to consider these B01M, U.S. Nuclear Regulatory In addition, while NRC staff guidance stakeholder views in the development of Commission, Washington, DC 20555-discourages blending in some a vote paper for the Commissions 0001, or by fax to RDB at (301) 492-circumstances, it also recognizes that consideration. Written comments may 3446.

some blendingincluding blending that be sent to the address listed in the Questions regarding participation in lowers the classification of a waste ADDRESSES Section. Questions about the public meeting should be submitted may be appropriate in others. However, participation in the public workshops to the facilitator, Francis Cameron, by the closure of the Barnwell facility to should be directed to the facilitator at mail to Mail Stop O16-E15, U.S.

LLRW generators in 36 States means the address listed in the ADDRESSES Nuclear Regulatory Commission, that there is no disposal option for Class Section. Members of the public Washington, DC 20555-0001, by B or C LLRW generated in these States; planning to attend the workshops are telephone at 240-205-2091, or by e-mail LLRW generators have been storing invited to RSVP at least ten (10) days at fxcameo@gmail.com.

Class B and C LLRW onsite since the prior to each workshop. Replies should FOR FURTHER INFORMATION CONTACT:

closure of Barnwell. The lack of a be directed to the points of contact Brooke Traynham, Office of Federal and disposal pathway for Class B and C listed in the FOR FURTHER INFORMATION State Materials and Environmental LLRW from these generators has CONTACT section. Management Programs, U.S. Nuclear increased interest in blending to reduce The public meeting will be held in Regulatory Commission, Washington, the radioactivity concentrations of Rockville, Maryland on January 14, DC 20555-0001; telephone 404-729-wastes that might otherwise be 2010, from 8 a.m. to 5:30 p.m. at: The 3366; e-mail Brooke.Traynham@nrc.gov.

classified as B or C waste. A disposal Legacy Hotel & Meeting Centre, The The public may examine and have pathway exists for Class A waste, which Georgetown Room, 1775 Rockville Pike, copies for a fee, publicly available means that Class A waste does not have Rockville, MD 20852, 240-283-1116. documents at the Public Document to be stored at licensees sites. While The final agenda for the public Room, One White Flint North, 11555 some blending of LLRW resulting in meeting will be noticed no fewer than Rockville Pike, Rockville, Maryland.

reduced waste classification has ten (10) days prior to the meeting on the Publicly available documents created or occurred in the past, the scale of NRCs electronic public workshop received at NRC after November 1, 1999, blending being considered since the schedule at http://www.nrc.gov/public- are available electronically at the NRCs closure of Barnwell is potentially much involve/public-meetings/index.cfm. Electronic Reading Room at http://

larger than current practice. Please refer to the SUPPLEMENTARY www.nrc.gov/reading-rm/adams.html.

On October 8, 2009, NRC Chairman INFORMATION section for questions that From this site, the public can gain entry Gregory B. Jaczko directed the staff to will be discussed at the meeting. into the NRCs Agencywide Documents prepare a vote paper for the Commission ADDRESSES: You may submit comments Access and Management System to consider issues related to blending of by any one of the following methods. (ADAMS), which provides text and LLRW, including the following: Please include Docket ID NRC-2009- image files of NRCs public documents.

• Issues related to intentional changes 0520 in the subject line of your If you do not have access to ADAMS, in waste classification due to blending, comments. Comments submitted in contact the Public Document Room at including safety, security, and policy writing or in electronic form will be 1-800-397-4209, 301-415-4737, or by considerations. posted on the NRC Web site and on the e-mail at pdr.resource@nrc.gov.

• Protection of the public, the Federal rulemaking Web site Existing NRC guidance on blending of intruder, and the environment. Regulations.gov. Because your LLRW is contained in the NRCs 1995

• Mathematical concentration comments will not be edited to remove Final Branch Technical Position on averaging and homogeneous physical any identifying or contact information, Concentration Averaging and WReier-Aviles on DSKGBLS3C1PROD with NOTICES mixing. the NRC cautions you against including Encapsulation (CA BTP), Section 3.1

• Practical considerations in any information in your submission that (ADAMS Accession No. ML033630732).

operating a waste treatment facility, you do not want to be publicly The staff has recently issued several disposal facility, or other facilities, disclosed. letters that describe NRCs position on including the appropriate point at The NRC requests that any party blending of LLRW that should also be which waste should be classified. soliciting or aggregating comments useful to interested persons. These

• Recommendations for revisions, if received from other persons for include letters to EnergySolutions necessary, to existing regulations, submission to the NRC inform those (ADAMS Accession No. ML092170561),

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62608 Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices Studsvik (ADAMS Accession No. limits to produce a Class A final ensure that an inadvertent intruder does ML092930251), and Waste Control mixture. not receive an unsafe exposure to Specialists (ADAMS Accession No. Blending, as the staff uses the term in radiation. Any blended LLRW must ML092920426). Multiple meetings are this context, is the mixing of LLRW meet the concentration limits in the being scheduled for the week of having different concentrations of waste classification tables. If batches of December 14, 2009, to better understand radionuclides to form a relatively waste were not blended into a relatively the positions of these three companies homogeneous mixture for disposal in a homogeneous final mixture, hot spots on blending of LLRW. Additional licensed facility. The concentration of above the concentration limits for a information on these meetings will be the resulting mixture is total particular waste class might expose an posted on the NRC public web site in radioactivity in the mixture divided by inadvertent intruder to unacceptable the near future at http://www.nrc.gov/ its volume or weight. levels of radiation. Any blended waste public-involve/public-meetings/ Blending may be done for a variety of must also not affect a facilitys ability to index.cfm. The public is invited to reasons: (1) To consolidate wastes from meet the other performance objectives participate. Chairman Jaczkos October a number of different sources within a in 10 CFR part 61.

8, 2009, memorandum to the staff on plant for reasons of operational Waste classification is also addressed blending of LLRW can be found in efficiency; (2) to reduce radiation in NRCs regulations in 10 CFR part 20 ADAMS (Accession No. ML093070605). exposures to workers; and (3) to lower specifying requirements for the the waste classification of some of the preparation of shipping papers for SUPPLEMENTARY INFORMATION: waste by averaging its concentration LLRW. 10 CFR part 20, Appendix G, I. Background over a larger volume. Because it is more Section III.A allows waste generators to efficient to combine wastes in a single defer classifying waste until the time On June 30, 2008, the Barnwell tank in a facility, licensees may also mix that waste is ready for disposal and does disposal facility closed to most LLRW certain wastes such as ion exchange not require generators to classify waste generators in the U.S. Now, only resins that are removed from various before it is shipped from a generator to generators in the Atlantic Compactthe locations in their plants, rather than a processor. In practice, generators often States of South Carolina, Connecticut, characterize and classify individual classify waste before it is shipped for and New Jerseyare able to dispose of batches of resins. Blending may also be disposal, even though waste their waste at that facility, and performed to keep radiation exposures classification need not occur until the generators in 36 States must store their to workers as low as reasonably waste is ready for disposal. As noted Class B/C waste onsite until a new achievable, since the doses from a above, the 10 CFR 61.55 waste disposal option becomes available.1 In mixture of two or more streams of classification tables are based on the meantime, the EnergySolutions LLRW with different radiation levels protection of an inadvertent intruder disposal facility in Clive, Utah, remains may result in a combined mixture that into waste at a disposal facility at some available for Class A waste disposal by has lower radiation levels. Waste future time after the disposal facility is these generators that lost access to the disposal may also be facilitated by closed. The classification of the waste in Barnwell facility for their Class B/C blending. For example, if two batches of accordance with 10 CFR 61.55 is not wastes. waste are blended together, they may directly related to the safety of the waste To help mitigate the impact of meet the waste acceptance criteria for a at intermediate points in its Barnwells closure, industry is exploring specific disposal facility, but the higher management.

the blending of LLRW that would concentration batch by itself would not. While recognizing that some blending otherwise be Class B and C into a With respect to waste class reduction, it is unavoidable and even desirable for may result from mixing for operational efficiency or dose reduction purposes, homogeneous Class A mixture that reasons or efforts to reduce worker NRC has historically discouraged could be disposed of as Class A waste.

exposures, or could be performed solely blending to lower the waste Such blending would eliminate the for the purposes of reducing the classification, while acknowledging that need for indefinite onsite storage of classification to enable prompt disposal, it is appropriate in some circumstances.

these wastes, while furthering the goal rather than storage. The maxim dilution is not the solution of permanent waste disposal. Not all A particular topic of interest to some to pollution appears to have been a LLRW can be blended into a stakeholders is blending that reduces factor in developing agency positions homogeneous mixture suitable for the classification of the waste. Waste that discourage, but do not prohibit, the disposal as Class A waste: irradiated classification is one of the requirements mixing of wastes. Dilution can increase reactor components, reactor pressure in NRCs LLRW disposal regulations in the amount of waste by mixing clean vessels, and other types of solid waste 10 CFR part 61. 10 CFR part 61 and contaminated materials together, are not amenable to blending. Other establishes the procedures, criteria, and and may enable the mixture to be reactor waste streams, particularly ion terms and conditions for the issuance of released to the general environment exchange resins, which account for licenses for the disposal of LLRW. Four where members of the public will be about half of the volume of Class B and performance objectives, including exposed to the hazard, however small.

C waste generated each year, can be protection of an inadvertent intruder Blending, as defined in this FRN, blended into a homogeneous mixture into the waste disposal site, define the involves the mixing of higher and lower with a relatively uniform concentration overall level of safety to be achieved by concentrations of contaminated of radioactivity, and some of these Class disposal.2 Intruder protection is WReier-Aviles on DSKGBLS3C1PROD with NOTICES materials, not clean materials, and B and C resins could be blended with provided in part by the waste disposal in a licensed disposal site, not resins having radioactivity classification concentration limits in 10 release to the general environment.

concentrations well below the Class A CFR 61.55, which are designed to Thus, the undesirable characteristics of dilution are not present in this kind of 1 Generators in the Northwest Compact (WA, ID, 2 The others are protection of the general blending, while safety and efficiency MT, HI, AK, OR, WY, and UT) and Rocky Mountain population from releases of radioactivity; protection Compact (CO, NM, and NV) can dispose of their of individuals during the operation of the facility may be improved by selection of LLRW at a commercial disposal facility in Hanford, (as opposed to after the facility is closed), and appropriate criteria to be applied to WA. stability of the disposal site. such blending. Some LLRW VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1

Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 / Notices 62609 stakeholders have noted that there may wastes are routinely combined or mixed 6. If a rule were to be promulgated, be potential adverse impacts from and for operational efficiency and ALARA what compatibility category should it issues with blending, particularly large reasons, and NRCs general position that be; i.e., how strictly must Agreement scale blending. For example, blending discourages mixing for the purposes of States follow any NRC rule?

can be contrary to volume reduction reducing the waste class. These two 7. NRC regulations only require waste principles.3 Waste with Class B and C objectives are not fully compatible, but to be classified when its ready for concentrations of radionuclides is often the CA BTP attempts to provide disposal. What advantages or processed to reduce its volume. If this positions that balance them. disadvantages might there be to waste were instead mixed with Class A NRC guidance for other programs classifying it earlier?

wastes, these reductions in volume similarly discourages blending, while 8. If blended waste could not be would not be achieved. Blending may recognizing that it may be appropriate attributed to the original generator of the also be viewed by some as equivalent to in some circumstances. In a document waste, what issues does this raise that disposing of Class B or C waste in a for the decommissioning program, NRC should address, if any?

Class A disposal facility. The purpose of Consolidated Decommissioning 9. What would be a risk-informed, the public meeting and NRCs Guidance (NUREG-1757, Volume 1, performance-based approach to solicitation of public comments is for Revision 2), NRC staff states that mixing addressing blending?

NRC to better understand these impacts of soils to meet the waste acceptance 10. Given that Agreement States are and issues. criteria of an offsite disposal facility not required to adopt NRCs guidance NRCs 1995 CA BTP recommends should not result in lowering the on blending, how are different States limits on blending of LLRW by applying classification of the waste. As a addressing this issue? What are the a factor of 10 rule, whereby the practical matter, contaminated soils advantages and disadvantages of these concentrations of batches of LLRW to be from sites undergoing decommissioning approaches?

mixed must be within a factor of 10 of are rarely Class B/C concentrations. At 11. NRC is budgeting resources to the average concentration of the final the same time, the guidance allows for initiate a long-term rulemaking to revise mixture. The safety benefit of the factor blending to reduce the classification of the waste classification system. How of 10 rule is unclear for final mixtures the waste from licensable material that might alternative waste classification that are homogeneous, since any must be disposed of in a licensed systems be affected by blending?

concentrated materials that go into a disposal facility to exempt material 12. What oversight might be needed to mixture are blended down to lower suitable for disposal in landfills. This ensure that blending is performed concentrations that are relatively decommissioning guidance also appropriately?

uniform over the volume of the material. 13. What other issues should NRC recognizes that mixing of clean and By placing limits on the amount of staff consider in developing options for contaminated soils may be appropriate mixing, however, the factor of 10 rule Commission consideration related to under certain very limited furthers the agencys policy that blending?

circumstances to meet the dose standard discourages mixing to reduce waste Dated at Rockville, Maryland this 23rd day in 10 CFR part 20, subpart E.

classification. It should be noted that of November, 2009.

some waste class reduction could occur II. Questions Related to Blending of For The Nuclear Regulatory Commission.

when waste is mixed in accordance LLRW Gregory F. Suber, with the factor of 10 rule, since some This section identifies questions Acting Deputy Director, Environmental of the waste classes of some associated with blending of LLRW that Protection, and Performance Assessment radionuclides differ by a factor of 10. Directorate, Division of Waste Management, results in lower waste classification of The mixing constraint in the CA BTP and Environmental Protection, Office of components of the mixture. These specifies that batches of greater than a Federal and State Materials, and questions are not meant to be a factor of 10 difference in concentration Environmental Management Programs.

complete or final list, but are intended can be mixed. The CA BTP also [FR Doc. E9-28507 Filed 11-27-09; 8:45 am]

to initiate discussion. These questions includes in an appendix with staff will help to focus the discussion at the BILLING CODE 7590-01-P responses to public comments received public meetings. All public feedback on an earlier draft of the CA BTP. The will be used in developing options for appendix states that wastes should not NUCLEAR REGULATORY be intentionally mixed solely to lower NRC consideration.

1. What safety and security COMMISSION the waste classification. The staff positions in the CA BTP itself do not considerations are associated with [NRC-2009-0517; Docket Nos. 50-250 and contain this guidance, however. blending of LLRW, particularly large 50-251; License Nos. DPR-31 and DPR-scale blending that result in a change in 41]

The CA BTP allows important exceptions from the factor of 10 rule waste classification?

2. What are the practical Florida Power and Light Company; when operational efficiency or worker Receipt of Request for Action Under 10 dose reductions can be demonstrated, considerations in operating a facility that bear on blending of LLRW? CFR 2.206 and one of the current industry blending proposals relies on these exceptions to 3. What policy issues are raised by Notice is hereby given that by petition conduct expanded blending operations. blending of LLRW that lowers the waste dated January 11, 2009, Mr. Thomas classification? Saporito (petitioner) has requested that WReier-Aviles on DSKGBLS3C1PROD with NOTICES Although not explicitly stated, the CA BTP positions appear to be based on a 4. What are the potential blending the NRC take action with regard to combination of practical considerations policies/positions that NRC could take Florida Power & Light Companys in the operation of a facility, whereby and the advantages and disadvantages of Turkey Point Nuclear Generating Units each? 3 and 4. The petitioner requests that the 3 NRC issued a Policy Statement on Low-Level

5. How should NRC implement a NRC take enforcement action against Waste Volume Reduction on July 16, 1981, which position on blending of LLRW (i.e., by Florida Power & Light Company (FPL) encourages licensees to reduce the volume of waste for disposal. See July 16, 1981, Federal Register rulemaking, guidance, policy statement by issuing a Notice of Violation and Notice, 46 FR 51100. or other means)? Imposition of Civil Penalty in the VerDate Nov<24>2008 14:58 Nov 27, 2009 Jkt 220001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1