[Federal Register Volume 65, Number 43 (Friday, March 3, 2000)]
[Notices]
[Pages 11612-11613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5150]


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NUCLEAR REGULATORY COMMISSION


Letter of Agreement Between the U.S. Department of Interior 
Minerals Managements Service, Gulf of Mexico, OCS Region and the U.S. 
Nuclear Regulatory Commission, Concerning the Radiation Safety 
Inspections of Nuclear Regulatory Commission Licensed Activities on 
Offshore Facilities and Laybarges in Federal Jurisdiction

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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SUMMARY: This notice is to advise the public of the issuance of a 
Letter of Agreement (LOA) between the U.S. Department of Interior 
Minerals Management Service (MMS) and the U.S. Nuclear Regulatory 
Commission (NRC). The purpose of the LOA is to describe the cooperative 
agreement between MMS and NRC in ensuring the protection of the public 
health and safety and the environment from the hazards of radioactive 
materials that may be used on offshore facilities and laybarges in 
offshore waters under Federal jurisdiction. The LOA provides for air 
transportation arrangements of NRC inspectors to offshore facilities by 
MMS-contracted helicopters at no charge or exchange of services to NRC. 
The LOA also provides for licensed material orientation and radiation 
safety program training to MMS staff by NRC.

EFFECTIVE DATE: January 7, 2000.

ADDRESSES: Copies of all NRC documents are available for public 
inspection, and copying for a fee, in the NRC Public Document Room, 
2120 L Street, NW, (Lower Level), Washington, DC. The NRC Public 
Document Room is open from 7:45 a.m. to 4:15 p.m., Monday through 
Friday (except Federal holidays). Telephone service is provided from 
8:30 a.m. to 4:15 p.m. at 202-634-3273 or toll-free at 1-800-397-4209.

FOR FURTHER INFORMATION CONTACT: Roberto J. Torres, NMSS, Mail Stop T8-
F5, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001. 
Telephone: (301) 415-8112; Fax: (301) 415-5369; e-mail: [email protected].

    Dated at Rockville, Maryland, this 28 day of February, 2000.


[[Page 11613]]


    For the Nuclear Regulatory Commission.
Josephine M. Piccone,
Deputy Director, Division of Industrial and Medical Nuclear Safety, 
Office of Nuclear Material Safety and Safeguards.
Letter of Agreement Between the Department of the Interior Minerals 
Management Service Gulf of Mexico, OCS Region and the U.S. Nuclear 
Regulatory Commission Concerning the Radiation Safety Inspections of 
Nuclear Regulatory Commission Licensed Activities on Offshore 
Facilities and Laybarges in Federal Jurisdiction

I. Introduction

    This Letter of Agreement (LOA) describes the cooperative agreement 
between the U.S. Department of the Interior Minerals Management Service 
(MMS) and the U.S. Nuclear Regulatory Commission (NRC) in ensuring the 
protection of the public health and safety and the environment from the 
hazards of radioactive materials that may be used on offshore 
facilities and laybarges in offshore waters under Federal jurisdiction.

II. Purpose and Scope

    The purpose of this LOA is to identify the areas of cooperation 
between MMS and the NRC to facilitate NRC inspection of the safe use of 
radioactive materials on offshore facilities and laybarges. Mutual 
interests involve the inspection of such sites in order to verify that 
NRC-licensed activities are conducted safely and in compliance with NRC 
requirements, and ensure the safety of facility and laybarge personnel 
during the use of NRC-licensed radioactive material. Radioactive 
materials within the scope of this LOA mean byproduct, source, and 
special nuclear materials as defined in Sections 11e., 11z., and 11aa. 
of the Atomic Energy Act of 1954 (AEA), as amended, and the NRC's 
regulations thereunder. Offshore facilities and laybarges include those 
that are in offshore waters under Federal jurisdiction. The term 
``offshore waters'' means that area of land and water, beyond Agreement 
States' Submerged Lands Act jurisdiction, on or above the U.S. Outer 
Continental Shelf.

III. Authority and Regulatory Program

A. MMS

    The MMS is responsible for managing the mineral resources on the 
Outer Continental Shelf (OCS) of the United States in an 
environmentally sound and safe manner. In addition, MMS is both the 
resource manager and fiscal manager for collecting and accounting for 
OCS revenues and leasing OCS lands, regulating development activities 
to protect the coastal and marine environment, and ensuring that when 
operations are completed, the site is properly abandoned.

B. NRC

    Under the AEA, as amended, the NRC is responsible for regulating 
the use of byproduct, source, and special nuclear material within the 
United States and its territories, consistent with its mission to 
ensure adequate protection of the public health and safety, to promote 
the common defense and security, and to protect the environment.

IV. Agency Responsibilities

    The following are the offices responsible for this agreement:

For the Minerals Management Service: Regional Director U.S. Department 
of the Interior Minerals Management Service Gulf of Mexico OCS Region 
1201 Elmwood Park Blvd. New Orleans, Louisiana 70123
For the Nuclear Regulatory Commission: Regional Administrator Region IV 
U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 
Arlington, Texas 76011

    Each agency shall designate the agency organizational unit 
responsible for the coordination and management of activities covered 
by this LOA. Each agency shall designate the individual(s) who will 
serve as the respective coordination officer(s) or point(s) of contact 
(POC). The coordination officers or POCs will coordinate and facilitate 
actions required by their respective agencies.
    NRC will notify known lease and pipeline operators working offshore 
that NRC, in cooperation with MMS, will be conducting unannounced 
inspections of NRC licensees performing licensed activities on offshore 
facilities and laybarges. NRC will comply with the personal safety and 
site access requirements mandated by each facility or laybarge 
operator.
    NRC will provide MMS staff with licensed material orientation and 
radiation safety program training as MMS staff and NRC staff schedules 
will allow. The purpose of this orientation and training is to enable 
MMS to notify NRC in case MMS recognizes irregularities in licensees' 
activities. NRC will also provide MMS copies of inspection reports and 
event reports involving licensees working in offshore Federal waters.
    MMS will arrange for transportation to offshore facilities or 
laybarges on MMS contracted helicopters for NRC inspectors based on 
availability and advance schedule coordination by NRC. MMS will provide 
this service at no financial charge or exchange of services to the NRC.

V. Elements of Coordination

    Both agencies agree to exchange information with respect to 
relevant programs and lessons learned, resources permitting. The 
purpose of these exchanges is to provide expert technical assistance to 
both agencies. NRC will coordinate with the MMS Gulf of Mexico OCS 
Regional office for the scheduled inspection of licensees conducting 
licensed activities in offshore Federal waters. Additionally, NRC will 
coordinate the scheduling of offshore inspections with MMS based on 
guidance provided by MMS relative to seat availability on MMS 
contracted helicopters.

VI. Other Laws and Matters

    Nothing in this LOA shall be deemed to restrict, modify, or 
otherwise limit the application or enforcement of any laws of the 
United States with respect to matters specified herein, nor shall 
anything in the LOA be construed as modifying the existing authority of 
either agency.

VII. Effective Date, Modification, and Termination of LOA

    This LOA will take effect when it has been signed and dated by the 
authorized representatives of the MMS and the NRC. It may be modified 
by mutual written consent, or terminated by either agency upon 60 days 
advance written notice to the other agency.
    Approved and Accepted for the Minerals Management Service

Chris Oynes,
Regional Director, U.S. Department of the Interior, Minerals Management 
Service, Gulf of Mexico OCS Region.
    January 7, 2000.
    Approved and Accepted for the Nuclear Regulatory Commission
Ellis W. Merschoff,
Regional Administrator, U.S. Nuclear Regulatory Commission.
    December 23, 1999.
[FR Doc. 00-5150 Filed 3-2-00; 8:45 am]
BILLING CODE 7590-01-P