[Federal Register Volume 63, Number 144 (Tuesday, July 28, 1998)]
[Notices]
[Pages 40326-40327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20107]


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NUCLEAR REGULATORY COMMISSION


Agreement State Compatibility Designation for NRC Employee 
Protection Regulations

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Request for public comment.

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SUMMARY: The Nuclear Regulatory Commission is requesting public comment 
as to whether Agreement States should adopt the equivalent of 10 CFR 
Parts 30.7, 40.7, 61.9, and 70.7 (NRC's Employee Protection 
requirements) in accordance with NRC's Policy Statement on Adequacy and 
Compatibility of Agreement State Programs, and if so, under which 
compatibility category.

Background

    Section 274 of the Atomic Energy Act of 1954 (AEA), as amended, 
provides for a special Federal-State regulatory framework for the 
control of radioactive materials under which the NRC, by agreement with 
a State, discontinues regulatory authority in certain areas. Under such 
an agreement, the State government exercises that authority as long as 
the State program is adequate to protect public health and safety and 
compatible with the Commission's program. As defined by the 
Commission's Policy Statement on Adequacy and Compatibility of 
Agreement State Programs (62FR46517, September 3, 1997), an Agreement 
State's radiation control program is adequate to protect public health 
and safety if administration of the program provides reasonable 
assurance of protection of public health and safety in regulating the 
use of source, byproduct, and small quantities of special nuclear 
material as identified by Section 274b. of the AEA. An Agreement State 
radiation control program is compatible with the Commission's 
regulatory program when its program does not create conflicts, 
duplications, gaps, or other conditions that would jeopardize an 
orderly pattern in the regulation of agreement material on a nationwide 
basis.

Discussion

    In implementing the Commission's Policy Statement on Adequacy and 
Compatibility of Agreement State Programs, the NRC staff has developed 
the following guidance to determine the appropriate compatibility 
category for NRC regulations:
    Keys to categories:

A  Basic radiation protection standard or related definitions, signs, 
labels or terms necessary for a common understanding of radiation 
protection principles. The State program element should be essentially 
identical to that of NRC.
B  Program element with significant direct transboundary implications. 
The State program element should be essentially identical to that of 
NRC.
C  Program element, the essential objectives of which should be adopted 
by the State to avoid conflicts, duplications or gaps. The manner in 
which the essential objectives are addressed need not be the same as 
NRC provided the essential objectives are met.
D  Not required for purposes of compatibility.

    In addition, certain rules are designated as Health and Safety 
(H&S) due to their health and safety significance. Agreement States 
should adopt the essential objectives of these rules.
    In a 10 CFR 2.206 petition dated December 12, 1997, Thomas B. 
Cochran, Ph.D., Director of the Nuclear Program of the Natural 
Resources Defense Council, identified the question of whether NRC's 
employee protection regulations should be made a matter of Agreement 
State compatibility. These regulations concern the protection of 
employees who provide information to the NRC or their employers 
concerning safety issues and conform to the nuclear employee protection 
provisions of the Energy Policy Act of 1992, which was enacted on 
October 24, 1992. Under the current designation, these regulations are 
compatibility category D--not required for purposes of compatibility. 
Neither are these regulations currently required for the single purpose 
of assuring public health and safety. The Commission has directed the 
NRC staff to survey and discuss this issue with the Agreement States 
and appropriate organizations and to provide an opportunity for public 
comment. The public is requested to provide comments on whether NRC's 
employee protection requirements should be made a matter of Agreement 
State compatibility, and if so, under what compatibility category 
designation as described above. Public comment is also requested on 
whether NRC's employee protection requirements should be adopted by 
Agreement States to assure public health and safety, even though these 
regulations may not be necessary to assure compatibility of regulatory 
programs.


[[Page 40327]]


DATES: Submit comments by September 11, 1998 to Spiros Droggitis, 
Office of State Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC, 20555. Comments received after this date will be 
considered if it is practical to do so, but assurance of consideration 
cannot be given except as to comments received on or before this date.

FOR FURTHER INFORMATION CONTACT: Spiros Droggitis, Office of State 
Programs, U.S. Nuclear Regulatory Commission, Washington, DC, 20555, by 
telephone at (301) 415-2367 or by Internet electronic mail at 
[email protected].

    Dated at Rockville, Maryland, this 21st day of July, 1998.

    For the Nuclear Regulatory Commission.
Richard L. Bangart,
Director, Office of State Programs.
[FR Doc. 98-20107 Filed 7-27-98; 8:45 am]
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