[Federal Register Volume 66, Number 13 (Friday, January 19, 2001)]
[Rules and Regulations]
[Pages 5441-5443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1079]



[[Page 5441]]

-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

10 CFR Part 150

RIN 3150-AG60


Termination of Section 274i Agreement Between the State of 
Louisiana and the Nuclear Regulatory Commission

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is revising its 
regulations to remove the reference to an inspection agreement, 
referred to as the 274i Agreement, with the State of Louisiana. The 
inspection agreement entered into pursuant to section 274i of the 
Atomic Energy Act allowed the State of Louisiana to perform inspections 
or other functions in offshore waters adjacent to Louisiana on behalf 
of the NRC. This reference is located in the reciprocity regulations in 
10 CFR 150.20. Under section 150.20(c), certain general licensees are 
not required to file with the NRC if the licensee provides timely 
notification of its offshore activities to the Agreement State that 
issued the specific license, and that State is listed in 150.20(d) as 
agreeing to perform inspections for NRC under a 274i agreement. 
Louisiana is the only Agreement State listed in the regulation. This 
action responds to a request from the Governor of Louisiana to 
terminate the agreement. The NRC agreed that the 274i inspection 
agreement is no longer needed and should be terminated. Therefore, the 
NRC is revising the regulations by deleting 150.20 (c) and (d) in their 
entirety. In the event NRC enters into a 274i inspection agreement with 
an Agreement State in the future, the provisions of 150.20(c) and (d), 
which were promulgated following notice and comment rulemaking, will be 
reinstated via direct final rulemaking.

DATES: The final rule is effective January 19, 2001.

FOR FURTHER INFORMATION CONTACT: Stephanie P. Bush-Goddard, Ph.D., 
Office of Nuclear Material Safety and Safeguards, telephone (301) 415-
6257, e-mail, [email protected], U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

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 pursuant to section 274b of the Atomic Energy Act of 1954, as 
amended, to discontinue the Commission's regulatory responsibilities 
over the use and possession of certain types of radioactive material in 
Louisiana. The State of Louisiana, in turn, assumed authority (formerly 
exercised by the NRC) over these regulatory activities. This agreement 
was noticed in the Federal Register on May 3, 1967 (32 FR 6806). 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 that 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 received a letter from Louisiana Governor M. J. ``Mike'' 
Foster, Jr., dated March 22, 2000, which requested termination of the 
section 274i agreement. The Governor stated that the termination would 
become effective 30 days from receipt of the letter. The request was 
filed in accordance with section 6 of the inspection agreement, which 
states: ``* * * 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 financial and personnel resources made it burdensome to 
conduct field activities for the NRC. The State concluded that the 
section 274i inspection agreement was no longer needed and should be 
terminated.
    Effective April 26, 2000, the inspection agreement with the State 
of Louisiana and the NRC was terminated. Beginning April 26, 2000, the 
NRC, not the State, began conducting inspections of NRC-licensed 
activities in offshore waters adjacent to Louisiana. In this final 
rule, the NRC is issuing a conforming amendment to its reciprocity 
regulations in 10 CFR 150.20 (c) and (d). These sections provide that a 
licensee is not required to fulfill certain NRC reporting requirements 
for licensed activities performed in certain offshore waters. Under 
section 150.20 (c), certain general licensees are not required to file 
with the NRC if the licensee provides timely notification of its 
offshore activities to the Agreement State that issued the specific 
license, and that State is listed in 150.20(d) as agreeing to perform 
inspections for NRC under a 274i agreement. Louisiana was the only 
Agreement State listed in the regulation because it was the only State 
which had entered into such an agreement with the NRC.
    In a letter to Governor Foster acknowledging termination of the 
274i Agreement, the NRC indicated it would remove from the regulation 
only the specific reference to the NRC's inspection agreement with 
Louisiana in section 150.20(d). However, to promote clarity in the 
regulations, these sections will be removed in their entirety. In the 
event NRC enters into a 274i inspection agreement with an Agreement 
State in the future, the provisions of 150.20(c) and (d), which were 
promulgated following notice and comment rulemaking, will be reinstated 
via direct final rulemaking. In a separate communication, the NRC will 
provide guidance to Louisiana licensees on the impacts that the 
termination of this agreement will have on the notification and fee 
requirements for activities conducted in offshore waters.
    However, termination of the section 274i inspection agreement 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.

Procedural Background

    This amendment involves a conforming change to NRC's regulations to 
reflect the fact that the State of Louisiana has terminated the section 
274i inspection agreement. Accordingly, the NRC finds that, pursuant to 
5 U.S.C. 553(b)(B), notice and comment is unnecessary. These amendments 
are effective upon publication in the Federal Register. Good cause 
exists to dispense with the usual 30-day delay in the effective date, 
because these amendments are of a minor and administrative nature, 
conforming the NRC's regulations as a result of the April 26, 2000 
termination of the 274i agreement with the State of Louisiana.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and

[[Page 5442]]

published in the Federal Register on September 3, 1997 (62 FR 46517), 
this rule is classified as compatibility Category ``NRC.'' 
Compatibility is not required for Category ``NRC'' regulations. The NRC 
program elements in this category are those that relate directly to 
areas of regulation reserved to the NRC by the Atomic Energy Act of 
1954, as amended (AEA), or the provisions of Title 10 of the Code of 
Federal Regulations. Although an Agreement State may not adopt program 
elements reserved to NRC, it may wish to inform its licensees of 
certain requirements via a mechanism that is consistent with the 
particular State's administrative procedure laws, but does not confer 
regulatory authority on the State.

Voluntary Consensus Standards

    The National Technology Transfer Act of 1995 (Public Law 104-113) 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this final rule, the NRC is revising its regulations to 
remove the reference to an inspection agreement, referred to as the 
274i Agreement, with the State of Louisiana. The inspection agreement 
entered into pursuant to section 274i of the Atomic Energy Act allowed 
the State of Louisiana to perform inspections or other functions in 
offshore waters adjacent to Louisiana on behalf of the NRC. This 
reference is located in the reciprocity regulations in 10 CFR 150.20. 
Under section 150.20(c), certain general licensees are not required to 
file with the NRC if the licensee provides timely notification of its 
offshore activities to the Agreement State that issued the specific 
license, and that State is listed in 150.20(d) as agreeing to perform 
inspections for NRC under a 274i agreement. Louisiana is the only 
Agreement State listed in the regulation. This action responds to a 
request from the Governor of Louisiana to terminate the agreement. The 
NRC agreed that the 274i inspection agreement is no longer needed and 
should be terminated. Therefore, the NRC is revising the regulations by 
deleting 150.20 (c) and (d) in their entirety. In the event NRC enters 
into a 274i inspection agreement with an Agreement State in the future, 
the provisions of 150.20 (c) and (d), which were promulgated following 
notice and comment rulemaking, will be reinstated via direct final 
rulemaking. This action does not constitute the establishment of a 
standard that establishes generally-applicable requirements.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork 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, collection of information unless it displays a currently 
valid OMB control number.

Regulatory Analysis

    These minor amendments impose no new restrictions or requirements, 
and therefore, have no significant impact. Accordingly, a regulatory 
analysis is considered not necessary and has not been prepared.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), 
the Commission certifies that this rule will not have a significant 
economic impact on a substantial number of small entities. This 
administrative rule is being revised to remove the reference to an 
inspection agreement, referred to as the 274i Agreement, with the State 
of Louisiana. The inspection agreement entered into pursuant to section 
274i of the Atomic Energy Act allowed the State of Louisiana to perform 
inspections or other functions in offshore waters adjacent to Louisiana 
on behalf of the NRC. This reference is located in the reciprocity 
regulations in 10 CFR 150.20. Under section 150.20(c), certain general 
licensees are not required to file with the NRC if the licensee 
provides timely notification of its offshore activities to the 
Agreement State that issued the specific license, and that State is 
listed in 150.20(d) as agreeing to perform inspections for NRC under a 
274i agreement. Louisiana is the only Agreement State listed in the 
regulation. This action responds to a request from the Governor of 
Louisiana to terminate the agreement. The NRC agreed that the 274i 
inspection agreement is no longer needed and should be terminated. 
Therefore, the NRC is revising the regulations by deleting 150.20(c) 
and (d) in their entirety. In the event NRC enters into a 274i 
inspection agreement with an Agreement State in the future, the 
provisions of 150.20(c) and (d), which were promulgated following 
notice and comment rulemaking, will be reinstated via direct final 
rulemaking.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
final rule because this amendment does not involve any provisions that 
would impose backfits as defined in 10 CFR Chapter 1. Therefore, a 
backfit analysis is not required for this final rule.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.

List of Subjects in 10 CFR Part 150

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

    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. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR part 150.

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. Law 97-425, 96 Stat. 2232, 2241 (42 
U.S.C. 10155, 10161). Section 150.17a also issued under sec. 122, 68 
Stat. 939 (42 U.S.C. 2152). Section 150.30 also issued under sec 
234, 83 Stat. 444 (42 U.S.C. 2282).

[[Page 5443]]

Sec. 150.20  [Amended]

    2. In Sec. 150.20, paragraph (b)(1), first sentence, remove the 
words ``Except as specified in paragraph (c) of this section, shall'', 
add in their place ``shall'' and remove paragraphs (c) and (d).

    Dated at Rockville, Maryland, this 28th day of December, 2000.

    For the Nuclear Regulatory Commission.
Patricia G. Norry,
Acting Executive Director for Operations.
[FR Doc. 01-1079 Filed 1-18-01; 8:45 am]
BILLING CODE 7590-01-P