[Federal Register Volume 61, Number 118 (Tuesday, June 18, 1996)]
[Proposed Rules]
[Pages 30839-30842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15402]



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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 150 and 170

RIN 3150-AF49


Recognition of Agreement State Licenses in Areas Under Exclusive 
Federal Jurisdiction Within an Agreement State

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations to clarify that Agreement State licensees can seek 
reciprocal recognition of their license from the NRC when they are 
working within areas of exclusive Federal jurisdiction in Agreement 
States. The proposed amendments would also clarify NRC regulatory 
requirements for reciprocity and the appropriate fees and filing 
procedures applicable to Agreement State licensees operating under 
reciprocity.

DATES: The comment period expires September 3, 1996. Comments received 
after this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001. Attention: Docketing and Service 
Branch.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland, between 7:45 am and 4:15 pm on Federal workdays.
    For information on submitting comments electronically, see the 
discussion under Electronic Access in the Supplementary Information 
Section.
    Certain documents related to this rulemaking, including comments 
received, may be examined at the NRC Public Document Room, 2120 L 
Street NW. (Lower Level), Washington, DC. These same documents may also 
be viewed and downloaded electronically via the Electronic Bulletin 
Board established by NRC for this rulemaking as discussed under 
Electronic Access in the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT: Hampton Newsome, Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone (301) 415-1623, e-mail [email protected] or Mark Haisfield, Office 
of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-6196, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Currently, subject to certain restrictions, any person who holds a 
specific license from an Agreement State may conduct activities 
permitted by that license in non-Agreement States and offshore waters 
using an NRC general license. The general license is granted under the 
authority contained in 10 CFR 150.20, ``Recognition of Agreement State 
Licenses.'' To meet the requirements of Sec. 150.20, licensees must 
submit an NRC Form 241 at least 3 days before engaging in the 
activities (subject to some exceptions as noted in Sec. 150.20). If an 
Agreement State licensee does not qualify for a general license under 
Sec. 150.20, the licensee must apply for and obtain a specific license 
to work in areas of NRC jurisdiction.

Need for Proposed Regulatory Action

    The NRC believes that there are several problems with the current 
regulations in Sec. 150.20 that necessitate a rulemaking. First, the 
current regulation does not include provisions to allow Agreement State 
licensees to qualify for an NRC general license when operating in areas 
of exclusive Federal jurisdiction within Agreement States. Second, 
there has been some confusion regarding the NRC regulations applicable 
to Agreement State licensees operating in areas of NRC jurisdiction 
pursuant to Sec. 150.20. Third, Sec. 150.20 does not reference the 
appropriate fee requirements applicable to Agreement State licensees 
who file an NRC Form 241. Finally, there has been some confusion 
regarding the filing procedures for an NRC Form 241.

[[Page 30840]]

Proposed Regulatory Action

Exclusive Federal Jurisdiction

    The current wording of Sec. 150.20 has created confusion for 
Agreement State licensees operating in areas of exclusive Federal 
jurisdiction within Agreement States. An area of exclusive Federal 
jurisdiction is an area over which the Federal Government exercises 
legal control without interference from the jurisdiction and 
administration of State law. Areas of exclusive Federal jurisdiction 
exist in both Agreement and non-Agreement States. Because the Federal 
Government has sole authority over areas of exclusive Federal 
jurisdiction in Agreement States, the NRC has jurisdiction over Atomic 
Energy Act activities conducted in those areas. The notification 
procedures (use of an NRC Form 241) regarding general licenses for 
Agreement State licensees seeking to operate in areas of NRC 
jurisdiction (i.e., non-Agreement States and offshore waters) are in 
Sec. 150.20.
    There is, however, no specific provision in Sec. 150.20 to indicate 
that the NRC may grant reciprocity to Agreement State licensees to 
conduct activities in areas of exclusive Federal jurisdiction within an 
Agreement State. The current regulation only authorizes a general 
license for activities conducted in non-Agreement States, whether or 
not in an area of exclusive Federal jurisdiction within that non-
Agreement State, and offshore waters. Despite the omission in the 
regulation, the NRC staff, under current practice, permits an Agreement 
State licensee to operate in an area of exclusive Federal jurisdiction 
within the Agreement State if the licensee submits an acceptable NRC 
Form 241.
    The lack of a specific reference to areas of exclusive Federal 
jurisdiction has caused confusion for licensees, Agreement States, and, 
occasionally, the NRC staff in interpreting the coverage of the 
reciprocity provisions in Sec. 150.20. To alleviate these concerns, 
this rulemaking would amend Sec. 150.20 to provide a specific reference 
to areas of exclusive Federal jurisdiction.

Regulatory Requirements Applicable to Sec. 150.20 Licensees

    The specific references to other NRC regulatory requirements in 
Sec. 150.20 also constitute a source of confusion. According to 
Sec. 150.20(b), persons operating under the general license must comply 
with a variety of specific NRC regulatory requirements. However, 
Sec. 150.20 does not specifically reference all NRC regulations that 
are applicable to materials licensees. To alleviate any potential 
confusion, the new Sec. 150.20 would indicate clearly that licensees 
operating pursuant to the rule's provisions must comply with all NRC 
regulations applicable to materials licensees.
    This amendment would be consistent with the original intent of the 
rule. When originally issued in 1962 (27 FR 1351, February 14, 1962), 
Sec. 150.20 required Agreement State licensees to comply with ``the 
appropriate provisions of 10 CFR parts 20, 30, 31, 40, and 70'' of the 
Commission's regulations. The rule required compliance with all NRC 
regulations applicable to NRC materials licensees at that time. In 
1965, many of the requirements in 10 CFR part 30 were relocated to 
newly created regulatory provisions in 10 CFR parts 32, 33, 34, 35, and 
36 (30 FR 8185, June 26, 1965). A conforming amendment to Sec. 150.20 
was not made in response to this change. Since 1965, specific 
requirements have been added to Sec. 150.20 that may have created the 
impression that certain NRC requirements otherwise applicable to 
materials licensees are not applicable to general licensees under 
Sec. 150.20. This is not the case. It is NRC's position that Agreement 
State licensees operating in areas of NRC jurisdiction pursuant to 
Sec. 150.20 must comply with those regulations applicable to NRC 
licensees. This proposed amendment would clarify the applicable 
requirements.

Fees Imposed on Agreement State Licensees Operating Under Reciprocity

    The proposed amendment would add appropriate references to 
Sec. 150.20 regarding the relevant fee requirements in 10 CFR part 170. 
The fee schedule in 10 CFR part 170 was updated to indicate that there 
will be a charge for licensee revisions to an NRC Form 241 in addition 
to the initial filing fee. A clarification to an NRC Form 241 does not 
require a fee. Specific definitions for a revision versus a 
clarification will be provided in the instructions to the NRC Form 241.
    In addition, this proposed amendment would involve a minor 
conforming change to the schedule for materials fees in Sec. 170.31, 
``Schedule of Fees for Materials Licenses and Other Regulatory 
Services, Including Inspections, and Import and Export Licenses,'' to 
clarify that the fee requirement applies to activities conducted under 
reciprocity pursuant to Sec. 150.20 regardless of the location of the 
activities.

Filing Procedures

    The proposed amendment would also clarify the procedures for filing 
an NRC Form 241 for reciprocity described in Sec. 150.20(b). The 
clarifications include identifying what needs to be submitted, 
specifying the procedure to use when an emergency filing is necessary, 
making revisions to the initial filing, and for radiography licensees, 
emphasizing the need for a transportation quality assurance program. 
These clarifications will not impose any additional requirements on the 
Agreement State licensee.

Compatibility of Agreement State Regulations

    The provisions in Sec. 150.20 would continue to be a Division 1 
matter of compatibility. The Commission is currently developing 
implementing procedures for a new Adequacy and Compatibility Policy 
that was approved by the Commission on June 29, 1995. The Commission 
expects that the approach to these matters in the new procedures will 
be consistent with the approach discussed here.

Electronic Access

    Comments may be submitted electronically, in either ASCII text or 
WordPerfect format (version 5.1 or later), by calling the NRC 
Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be 
accessed using a personal computer, a modem, and one of the commonly 
available communications software packages, or directly via Internet. 
Background documents on the rulemaking are also available, as 
practical, for downloading and viewing on the bulletin board.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll free 
number (800) 303-9672. Communication software parameters should be set 
as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem 
can then be accessed by selecting the ``Rules Menu'' option from the 
``NRC Main Menu.'' Users will find the ``FedWorld Online User's 
Guides'' particularly helpful. Many NRC subsystems and data bases also 
have a ``Help/Information Center'' option that is tailored to the 
particular subsystem.
    The NRC subsystem on FedWorld can also be accessed by a direct dial 
phone number for the main FedWorld BBS, (703) 321-3339, or by using 
Telnet via Internet: fedworld.gov. If using (703) 321-3339 to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be

[[Page 30841]]

displayed that has an option ``U.S. Nuclear Regulatory Commission'' 
that will take you to the NRC Online main menu. The NRC Online area 
also can be accessed directly by typing ``/go nrc'' at a FedWorld 
command line. If you access NRC from FedWorld's main menu, you may 
return to FedWorld by selecting the ``Return to FedWorld'' option from 
the NRC Online Main Menu. However, if you access NRC at FedWorld by 
using NRC's toll-free number, you will have full access to all NRC 
systems, but you will not have access to the main FedWorld system.
    If you contact FedWorld using Telnet, you will see the NRC area and 
menus, including the Rules Menu. Although you will be able to download 
documents and leave messages, you will not be able to write comments or 
upload files (comments). If you contact FedWorld using FTP, all files 
can be accessed and downloaded but uploads are not allowed; all you 
will see is a list of files without descriptions (normal Gopher look). 
An index file listing all files within a subdirectory, with 
descriptions, is available. There is a 15-minute time limit for FTP 
access.
    Although FedWorld also can be accessed through the World Wide Web, 
like FTP, that mode only provides access for downloading files and does 
not display the NRC Rules Menu.
    For more information on NRC bulletin boards call Mr. Arthur Davis, 
Systems Integration and Development Branch, NRC, Washington, DC 20555-
0001, telephone (301) 415-5780; e-mail AXD[email protected].

Environmental Impact: Categorical Exclusion

    The Commission has determined that this proposed regulation is the 
type of action described as a categorical exclusion in 10 CFR 
51.22(c)(1). Therefore, neither an environmental impact statement nor 
an environmental assessment has been prepared for this proposed 
regulation.

Paperwork Reduction Act Statement

    This proposed rule does not contain a new or amended information 
collection requirement subject to the Paper Reduction Act of 1995 (44 
U.S.C. 3501 et seq.). Existing requirements were approved by the Office 
of Management and Budget, approval number 3150-0032.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Regulatory Analysis

    This rulemaking would not impose any new requirements or additional 
costs to licensees because the rulemaking would codify current practice 
that allows Agreement State licensees to work under an NRC general 
license. Because the rulemaking would improve the clarity and 
consistency of the NRC's regulations, it could benefit Agreement State 
licensees operating in areas of exclusive Federal jurisdiction.
    Implementation of this rule should result in a minor reduction in 
NRC resources (estimated to be one-sixth of a staff year per year) 
continually being expended to explain our fee schedule and to clarify 
for licensees and Agreement States the conditions under which an 
Agreement State licensee can operate within an area of exclusive 
Federal jurisdiction. Because NRC resources to amend Sec. 150.20 are 
estimated to be about one-half of a staff year, this is a cost 
effective one-time use of resources. This constitutes the regulatory 
analysis for this proposed rule.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
605(b), the Commission certifies that this rule, if adopted, will not 
have a significant economic impact upon a substantial number of small 
entities.
    The rulemaking would not impose any new requirements or additional 
costs to licensees because the rulemaking would codify current practice 
that allows Agreement State licensees to work under an NRC general 
license. Because this proposed rulemaking would improve the clarity and 
consistency of NRC's regulations, it could benefit Agreement State 
licensees operating in areas of exclusive Federal jurisdiction.
    Any small entity subject to this regulation which determines that, 
because of its size, it is likely to bear a disproportionate adverse 
economic impact should notify the Commission of this in a comment that 
indicates the following:
    (a) The licensee's size and how the proposed regulation would 
result in a significant economic burden upon the licensee as compared 
to the economic burden on a larger licensee.
    (b) How the proposed regulations could be modified to take into 
account the licensee's differing needs or capabilities.
    (c) The benefits that would accrue, or the detriments that would be 
avoided, if the proposed regulations were modified as suggested by the 
licensee.
    (d) How the proposed regulation, as modified, would more closely 
equalize the impact of regulations or create more equal access to the 
benefits of Federal programs as opposed to providing special advantages 
to any individual or group.
    (e) How the proposed regulation, as modified, would still 
adequately protect public health and safety.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this proposed rule, and therefore, a backfit analysis is 
not required, because these amendments do not involve any provisions 
that would impose backfits as defined in 10 CFR 50.109(a)(1).

List of Subjects

10 CFR Part 150

    Criminal penalties, Hazardous materials transportation, 
Intergovernmental relations, Nuclear materials, Reporting and 
recordkeeping requirements, Security measures, Source material, Special 
nuclear material.

10 CFR Part 170

    Byproduct material, Import and export licenses, Intergovernmental 
relations, Non-payment penalties, Nuclear materials, Nuclear power 
plants and reactors, Source material, Special nuclear material.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR parts 150 and 170.

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN 
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

    1. The authority citation for part 150 continues to read as 
follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 
Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as 
amended (42 U.S.C. 5841).

    Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued 
under secs. 11e(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 
92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). Section 
150.14 also issued under sec. 53, 68 Stat. 930, as amended (42 
U.S.C. 2073). Section 150.15 also issued under secs. 135, 141, Pub. 
L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 
150.17a also issued under sec. 122, 68 Stat. 939 (42

[[Page 30842]]

U.S.C. 2152). Section 150.30 also issued under sec. 234, 83 Stat. 
444 (42 U.S.C. 2282).

    2. Section 150.20 is amended by revising paragraphs (a), the 
introductory text of (b), (b)(1), and the introductory text of (c), 
redesignating paragraphs (b)(2) through (b)(4) as paragraphs (b)(4) 
through (b)(6), revising redesignated paragraphs (b)(4) and (b)(5), and 
adding new paragraphs (b)(2) and (b)(3) to read as follows:


Sec. 150.20  Recognition of Agreement State licenses.

    (a)(1) Provided that the provisions of paragraph (b) of this 
section have been met, any person who holds a specific license from an 
Agreement State, where the licensee maintains an office for directing 
the licensed activity and retaining radiation safety records, is 
granted a general license to conduct the same activity in--
    (i) Non-Agreement States;
    (ii) Areas of exclusive Federal jurisdiction within Agreement
    States; and
    (iii) Offshore waters.
    (2) The provisions of paragraph (a)(1) of this section do not apply 
if the specific Agreement State license limits the authorized activity 
to a specific installation or location.
    (b) Notwithstanding any provision to the contrary in any specific 
license issued by an Agreement State to a person engaging in activities 
in a non-Agreement State, an area of exclusive Federal jurisdiction 
within an Agreement State, or in offshore waters under the general 
licenses provided in this section, the general licenses provided in 
this section are subject to all the provisions of the Act, now or 
hereafter in effect, and to all valid rules, regulations and orders of 
the Commission including the provisions of Secs. 30.7 (a) through (f), 
30.9, 30.10, 30.14(d), 30.34, 30.41, 30.51 to 30.63, inclusive, of part 
30 of this chapter; Secs. 40.7 (a) through (f), 40.9, 40.10, 40.41, 
40.51, 40.61, 40.63 inclusive, 40.71 and 40.81 of part 40 of this 
chapter; Secs. 70.7 (a) through (f), 70.9, 70.10, 70.32, 70.42, 70.51 
to 70.56, inclusive, 70.60 to 70.62, inclusive, and to the provisions 
of 10 CFR parts 19, 20, and 71 and subpart B of part 34, Secs. 39.15 
and 39.31 through 39.77, inclusive, of part 39 of this chapter. In 
addition, any person engaging in activities in non-Agreement States, 
areas of exclusive Federal jurisdiction within Agreement States, or in 
offshore waters under the general licenses provided in this section:
    (1) Except as specified in paragraph (c) of this section, shall, at 
least 3 days before engaging in each such activity for the first time 
in a calendar year, file an NRC Form 241, ``Report of Proposed 
Activities in Non-Agreement States,'' 4 copies of its Agreement State 
specific license, and the appropriate fee as prescribed in Sec. 170.31 
of this chapter with the Regional Administrator of the U.S. Nuclear 
Regulatory Commission Regional Office listed on the NRC Form 241 and in 
appendix D of part 20 of this chapter for the Region in which the 
Agreement State that issued the license is located. If an acceptable 
method for filing 3 days before engaging in activities under 
reciprocity is not available to the licensee, because of an emergency 
or other reasons, the Regional Administrator may waive the 3-day time 
requirement provided the Agreement State licensee informs the Region by 
telephone, facsimile, an NRC Form 241, or letter of initial activities 
or revisions to the information submitted on the initial NRC Form 241, 
receives oral or written authorization for the activity from the 
Region, and files an NRC Form 241, 4 copies of the Agreement State 
license, and the fee payment within 3 days after the notification.
    (2) Licensees that seek changes in work locations, radioactive 
material, or work activities different from the information contained 
on the initial NRC Form 241 must file an amended NRC Form 241 or letter 
and the appropriate fee as prescribed in Sec. 170.31 of this chapter 
with the Regional Administrator.
    (3) Licensees engaging in radiography activities must comply with 
Sec. 71.12 of this chapter, including quality assurance program 
requirements for transportation.
    (4) Shall not, in any non-Agreement State, area of exclusive 
Federal jurisdiction within an Agreement State, or in offshore waters, 
transfer or dispose of radioactive material possessed or used under the 
general licenses provided in this section, except by transfer to a 
person
    (i) Specifically licensed by the Commission to receive such 
material, or
    (ii) Exempt from the requirements for a license for such material 
under Sec. 30.14 of this chapter;
    (5) Shall not, under the general license concerning activities in 
non-Agreement States or in areas of exclusive Federal jurisdiction 
within Agreement States, possess or use radioactive materials, or 
engage in the activities authorized in paragraph (a) of this section, 
for more than 180 days in any calendar year, except that the general 
license in paragraph (a) of this section concerning activities in 
offshore waters authorizes that person to possess or use radioactive 
materials, or engage in the activities authorized, for an unlimited 
period of time.
* * * * *
    (c) A person engaging in activities in offshore waters under the 
general license provided for that purpose in paragraph (a) of this 
section need not file an NRC Form 241 with the Commission under 
paragraph (b)(1) of this section, provided, that:
* * * * *

PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT 
LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT 
OF 1954, AS AMENDED

    3. The authority citation for part 170 continues to read as 
follows:

    Authority: 31 U.S.C. 9701, sec. 301, Pub. L. 92-314, 86 Stat. 
222 (42 U.S.C. 2201w); sec. 201, 88 Stat. 1242, as amended (42 
U.S.C. 5841); sec 205, Pub. L. 101-576, 104 Stat 2842, (31 U.S.C. 
902).

    4. Section 170.31 is amended by revising the introductory text of 
Category 16 of the Schedule of Materials Fees to read as follows:


Sec. 170.31  Schedule of fees for materials licenses and other 
regulatory services, including inspections, and import and export 
licenses.

* * * * *

16. Reciprocity:                                                        
  Agreement State licensees who conduct activities under the reciprocity
   provisions of 10 CFR 150.20:                                         
                                                                        

* * * * *
    Dated at Rockville, MD, this 7th day of June, 1996.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-15402 Filed 6-17-96; 8:45 am]
BILLING CODE 7590-01-P