[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Notices]
[Pages 67945-67946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32636]



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NUCLEAR REGULATORY COMMISSION


State of Maine: Discontinuance of Certain Commission Regulatory 
Authority and Responsibility Within The State: Republication

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Agreement with State of Maine: Republication.

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SUMMARY: The Nuclear Regulatory Commission is publishing a Federal 
Register notice containing the Maine Agreement to correct a reference 
to the Maine revised statutes.

FOR FURTHER INFORMATION CONTACT: Thomas J. O'Brien, Office of State 
Programs, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, 
telephone (301) 415-2308.

SUPPLEMENTARY INFORMATION:
    The Nuclear Regulatory Commission (NRC) is publishing a Federal 
Register notice originally published on Thursday, April 16, 1992 (57 FR 
13388). The NRC is republishing this document because of an incorrect 
reference made to ``Maine Revised Statutes Annotated Section 284.'' The 
reference should read ``Maine Revised Statutes Annotated Section 684.'' 
The Agreement is published in accordance with the requirements of 
Public Law 86-373 (Section 274 of the Atomic Energy Act of 1954, as 
amended). The exemptions from the Commission's licensing authority have 
been published in the Federal Register and codified as Part 150 of the 
Commission's regulations in Title 10 of the Code of Federal 
Regulations. The complete version of the April 16, 1992, Federal 
Register notice is presented below with the corrected citation.

    Dated at Rockville, Maryland, this 2nd day of December, 1998.

For the Nuclear Regulatory Commission.
Richard L. Bangart,
Director, Office of State Programs.

AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION 
AND THE STATE OF MAINE FOR DISCONTINUANCE OF CERTAIN COMMISSION 
REGULATORY AUTHORITY AND RESPONSIBILITY WITHIN THE STATE PURSUANT 
TO SECTION 274 OF THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

    Whereas, The United States Nuclear Regulatory Commission 
(hereinafter referred to as the Commission) is authorized under Section 
274 of the Atomic Energy Act of 1954, as amended (hereinafter referred 
to as the Act), to enter into agreements with the Governor of any State 
providing for discontinuance of the regulatory authority of the 
Commission within the State under Chapters 6, 7, and 8, and Section 161 
of the Act with respect to byproduct materials as defined in Sections 
11e.(1) and (2) of the Act, source materials and special nuclear 
materials in quantities not sufficient to form a critical mass; and
    Whereas, The Governor of the State of Maine is authorized under 
Maine Revised Statutes Annotated Section 684 to enter into this 
Agreement with the Commission; and
    Whereas, The Governor of the State of Maine certified on March 5, 
1990, that the State of Maine (hereinafter referred to as the State) 
has a program for the control of radiation hazards adequate to protect 
the public health and safety with respect to the materials within the 
State covered by this Agreement, and that the State desires to assume 
regulatory responsibility for such materials; and
    Whereas, The State and the Commission recognize the desirability 
and importance of cooperation between the Commission and the State in 
the formulation of standards for protection against hazards of 
radiation and in assuring that State and Commission programs for 
protection against hazards of radiation will be coordinated and 
compatible; and
    Whereas, The Commission and the State recognize the desirability of 
reciprocal recognition of licenses and exemptions from licensing of 
those materials subject to this Agreement; and
    Whereas, This Agreement is entered into pursuant to the provisions 
of the Act, as amended;
    Now therefore, it is hereby agreed between the Commission and the 
Governor of the State, acting in behalf of the State, as follows:

Article I

    Subject to the exceptions provided in Articles II, IV, and V, the 
Commission shall discontinue, as of the effective date of this 
Agreement, the regulatory authority of the Commission in the State 
under Chapters 6, 7, and 8, and Section 161 of the Act with respect to 
the following materials:
    A. Byproduct materials as defined in Section 11e.(1) of the Act;
    B. Source materials; and
    C. Special nuclear materials in quantities not sufficient to form a 
critical mass.

Article II

    This Agreement does not provide for discontinuance of any authority 
and the Commission shall retain authority and responsibility with 
respect to regulation of:
    A. The construction and operation of any production or utilization 
facility;
    B. The export from or import into the United States of byproduct, 
source, or special nuclear material, or of any production or 
utilization facility;
    C. The disposal into the ocean or sea of byproduct, source, or 
special nuclear waste materials as defined in regulations or orders of 
the Commission;
    D. The disposal of such other byproduct, source, or special nuclear 
material as the Commission from time to time determines by regulation 
or order should, because of the hazards or potential hazards thereof, 
not be so disposed of without a license from the Commission;
    E. The land disposal of source, byproduct and special nuclear 
material received from other persons; and
    F. The extraction or concentration of source material from source 
material ore and the management and disposal of the resulting byproduct 
material.

Article III

    This Agreement may be amended, upon application by the State and 
approval by the Commission, to include the additional area(s) specified 
in Article II, paragraph E or F, whereby the State can exert regulatory 
control over the materials stated herein.

Article IV

    Notwithstanding this Agreement, the Commission may from time to 
time by rule, regulation, or order, require that the manufacturer, 
processor, or producer of any equipment, device, commodity, or other 
product containing source, byproduct, or special nuclear material shall 
not transfer possession or control of such product except pursuant to a 
license or an exemption from licensing issued by the Commission.

Article V

    This Agreement shall not affect the authority of the Commission 
under subsection 161 b. or i. of the Act to issue rules, regulations, 
or orders to protect the common defense and security, to protect 
restricted data or to guard against the loss or diversion of special 
nuclear material.

Article VI

    The Commission will use its best efforts to cooperate with the 
State and other Agreement States in the formulation of standards and 
regulatory programs of the State and the Commission for protection 
against hazards of radiation and to assure that

[[Page 67946]]

State and Commission programs for protection against hazards of 
radiation will be coordinated and compatible. The State will use its 
best efforts to cooperate with the Commission and other Agreement 
States in the formulation of standards and regulatory programs of the 
State and the Commission for protection against hazards of radiation 
and to assure that the State's program will continue to be compatible 
with the program of the Commission for the regulation of like 
materials. The State and the Commission will use their best efforts to 
keep each other informed of proposed changes in their respective rules 
and regulations and licensing, inspection and enforcement policies and 
criteria, and to obtain the comments and assistance of the other party 
thereon.

Article VII

    The Commission and the State agree that it is desirable to provide 
reciprocal recognition of licenses for the materials listed in Article 
I licensed by the other party or by any Agreement State. Accordingly, 
the Commission and the State agree to use their best efforts to develop 
appropriate rules, regulations, and procedures by which such 
reciprocity will be accorded.

Article VIII

    The Commission, upon its own initiative after reasonable notice and 
opportunity for hearing to the State, or upon request of the Governor 
of the State, may terminate or suspend all or part of this Agreement 
and reassert the licensing and regulatory authority vested in it under 
the Act if the Commission finds that (1) such termination or suspension 
is required to protect the public health and safety, or (2) the State 
has not complied with one or more of the requirements of Section 274 of 
the Act. The Commission may also, pursuant to Section 274j of the Act, 
temporarily suspend all or part of this Agreement if, in the judgement 
of the Commission, an emergency situation exists requiring immediate 
action to protect public health and safety and the State has failed to 
take necessary steps. The Commission shall periodically review this 
Agreement and actions taken by the State under this Agreement to ensure 
compliance with Section 274 of the Act.

Article IX

    This Agreement shall become effective on April 1, 1992, and shall 
remain in effect unless and until such time as it is terminated 
pursuant to Article VIII.

    Done at Rockville, Maryland in triplicate, this 16th day of 
March, 1992.

    For the United States Nuclear Regulatory Commission, Ivan Selin, 
Chairman.

    Done at Augusta, Maine, in triplicate, this 25th day of March, 
1992.

    For the State of Maine, John R. McKernan, Jr., Governor.

    Dated at Rockville, this 9th day of April, 1992.

    For the United States Nuclear Regulatory Commission.
Sheldon A. Schwartz,
Deputy Director, Office of State Programs.
[FR Doc. 98-32636 Filed 12-8-98; 8:45 am]
BILLING CODE 7590-01-P