[Federal Register Volume 65, Number 85 (Tuesday, May 2, 2000)]
[Notices]
[Page 25508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10886]


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NUCLEAR REGULATORY COMMISSION


Termination of Agreement Between the U.S. Nuclear Regulatory 
Commission and the State of Louisiana Pursuant to Section 274i of the 
Atomic Energy Act of 1954, as Amended

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Termination of Section 274i Agreement.

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SUMMARY: Notice is hereby given that effective April 26, 2000, the 
section 274i agreement between the State of Louisiana and the U.S. 
Nuclear Regulatory Commission (NRC or Commission) is terminated, in 
response to the March 22, 2000 request from Louisiana Governor M. J. 
``Mike'' Foster.

EFFECTIVE DATE: April 26, 2000.

FOR FURTHER INFORMATION: Contact Kevin Hsueh, Office of State and 
Tribal Programs, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, by telephone 301-415-2598 or by Internet electronic mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In 1967, the State of Louisiana and the United States Atomic Energy 
Commission (now the U.S. Nuclear Regulatory Commission) entered into an 
agreement for the discontinuance of the Commission's regulatory 
responsibilities over the use and possession of certain types of 
radioactive material in Louisiana. This agreement was noticed in the 
Federal Register on May 3, 1967 (32 FR 6806). The State of Louisiana, 
in turn, assumed authority over these regulatory activities formerly 
exercised by the Commission. The Commission entered into this agreement 
with the State of Louisiana pursuant to section 274b of the Atomic 
Energy Act of 1954, as amended. This agreement for the discontinuance 
of the Commission's authority became effective May 1, 1967 and, at the 
same time, established Louisiana as an Agreement State. Additionally, 
on May 3, 1967 (32 FR 6807), the Commission published in the Federal 
Register a notice of an agreement between the State of Louisiana and 
the Commission which permitted the State to perform inspections or 
other functions in offshore waters adjacent to Louisiana on behalf of 
the Commission. This inspection agreement, entered into pursuant to 
section 274i of the Act, did not expand the State's regulatory 
authority but rather specifically authorized the State to conduct 
inspection activities and other functions on the Commission's behalf.
    The NRC has received a letter from Louisiana Governor M. J. 
``Mike'' Foster, Jr., dated March 22, 2000 requesting termination of 
the section 274i agreement, effective 30 days from receipt of the 
letter. The request was filed in accordance with section 6 of the 
inspection agreement, which states

    ``Sixth: This Agreement shall become effective on May 1, 1967, 
and shall remain in effect so long as the 274b. Agreement remains in 
effect unless sooner terminated by either party on 30 days' prior 
written notice.''

    Governor Foster noted that difficulties arranging transportation 
and a lack of both financial and personnel resources have made in 
burdensome to conduct field activities for the NRC. The State has 
concluded that the section 274i inspection agreement is no longer 
needed and should be terminated.
    Effective April 26, 2000, the inspection agreement entered into by 
the State of Louisiana and the Commission has been terminated. On that 
date, the NRC, not the State, will conduct inspections of NRC-licensed 
activities in offshore waters adjacent to Louisiana. In addition, NRC 
plans to issue a conforming amendment to its reciprocity regulations at 
10 CFR 150.20(d) which will remove the specific reference to the 
Commission's inspection agreement with Louisiana. As part of the 
rulemaking or in a separate communication, the NRC will provide 
guidance to Louisiana licensees regarding the impacts that the 
termination of this agreement will have on the notification and fee 
requirements for activities conducted in offshore waters.
    Termination of the section 274i inspection agreement, however, does 
not in any way affect the existing agreement between the Commission and 
the State of Louisiana entered into pursuant to section 274b of the 
Act. Accordingly, termination of the inspection agreement does not 
affect Louisiana's status as an Agreement State.

    Dated at Rockville, Maryland, this 26th day of April, 2000.
Frederick C. Combs,
Deputy Director, Office of State and Tribal Programs.
[FR Doc. 00-10886 Filed 5-1-00; 8:45 am]
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