[Federal Register Volume 68, Number 146 (Wednesday, July 30, 2003)]
[Notices]
[Pages 44820-44822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-19319]


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NUCLEAR REGULATORY COMMISSION


State of Wisconsin: Discontinuance of Certain Commission 
Regulatory Authority Within the State

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of agreement with the State of Wisconsin.

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SUMMARY: On July 1, 2003, Dr. Nils J. Diaz, Chairman of the U.S. 
Nuclear Regulatory Commission (NRC) signed an Agreement and on July 3, 
2003, Governor Jim Doyle of the State of Wisconsin signed the Agreement 
as authorized by Section 274b of the Atomic Energy Act, as amended 
(Act). The Agreement provides for the Commission to discontinue its 
regulatory authority over source, byproduct materials as defined in 
Section 11e.(1) of the Act and special nuclear materials (in quantities 
not sufficient to form a critical mass) in the State of Wisconsin, and 
for Wisconsin to assume the regulatory authority. Under the Agreement, 
a person in Wisconsin possessing these materials is exempt from certain 
Commission regulations. The exemptions have been previously published 
in the Federal Register and are codified in the Commission's 
regulations as 10 CFR part 150. The Agreement is published here as 
required by Section 274e of the Act.

FOR FURTHER INFORMATION CONTACT: Lloyd A. Bolling, Office of State and 
Tribal Programs, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Telephone (301) 415-2327 or e-mail [email protected].
    The draft Agreement was published in the Federal Register for 
comment once a week for four consecutive weeks (see, e.g. 68 FR 17090, 
April 8, 2003) as required by the Act. The public comment period ended 
on May 8, 2003. A total of two comment letters were received and were 
considered by the NRC staff. After considering the comments, the 
request for an Agreement by the Governor of Wisconsin, the supporting 
documentation submitted with the request for an Agreement, and its 
interactions with the staff of the Wisconsin Department of Health and 
Family Services, Division of Public Health, the NRC staff completed an 
assessment of the Wisconsin program. Based on the staff's assessment, 
the Commission determined on June 30, 2003, that the proposed Wisconsin 
program for the control of radiation hazards is adequate to protect 
public health and safety, and that it is compatible with the 
Commission's program.
    The NRC maintains an Agency-wide Documents Access and Management 
System (ADAMS), which provides text and image files of NRC's public 
documents. The documents may be accessed through the NRC's Public 
Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by e-mail to [email protected].
    Copies of the comment analysis by the NRC staff, the staff 
assessment, and the Commission's decision are also available for public 
inspection in the NRC's Public Document Room--ADAMS Accession Numbers: 
ML031530264 and ML031810191. Copies of these documents may be

[[Page 44821]]

viewed at the NRC website at, http://www.nrc.gov/reading-rm/doc-collections/commission/secys/2003/secy2003-0096/2003-0096scy.html and, 
http://www.nrc.gov/reading-rm/doc-collections/commission/srm/2003/2003-0096srm.html.

    Dated at Rockville, Maryland, this 22nd day of July, 2003.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Attachment--Agreement Between the United States Nuclear Regulatory 
Commission and the State of Wisconsin 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 Wisconsin is authorized 
under s. 254.335 (1), Wisconsin Statutes, to enter into this 
Agreement with the Commission; and,
    Whereas, the Governor of the State of Wisconsin certified on 
August 21, 2002, that the State of Wisconsin (hereinafter referred 
to as the State) has a program for the control of radiation hazards 
adequate to protect public health and safety with respect to the 
materials within the State covered by this Agreement, and that the 
State desires to assume regulatory authority for such materials; 
and,
    Whereas, the Commission found on June 30, 2003 that the program 
of the State for the regulation of the materials covered by this 
Agreement is compatible with the Commission's program for the 
regulation of such materials and is adequate to protect public 
health and safety; 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 the reciprocal recognition of licenses, and of the granting of 
limited exemptions from licensing of those materials subject to this 
Agreement; and,
    Whereas, this Agreement is entered into pursuant to the 
provisions of the Act: Now, Therefore, It is hereby agreed between 
the Commission and the Governor of the State, acting on 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;
    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:
    A. The regulation of the construction and operation of any 
production or utilization facility or any uranium enrichment 
facility;
    B. The regulation of 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 regulation of the disposal into the ocean or sea of 
byproduct, source, or special nuclear material wastes as defined in 
the regulations or orders of the Commission;
    D. The regulation of 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 without a 
license from the Commission;
    E. The evaluation of radiation safety information on sealed 
sources or devices containing byproduct, source, or special nuclear 
materials and the registration of the sealed sources or devices for 
distribution, as provided for in regulations or orders of the 
Commission;
    F. The regulation of the land disposal of byproduct, source, or 
special nuclear material waste received from other persons;
    G. The extraction or concentration of source material from 
source material ore and the management and disposal of the resulting 
byproduct material.

Article III

    With the exception of those activities identified in Article II, 
paragraphs A through D, this Agreement may be amended, upon 
application by the State and approval by the Commission, to include 
the additional areas specified in Article II, paragraphs E, F and G, 
whereby the State can exert regulatory authority and responsibility 
with respect to those activities and materials.

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 161b or 161i 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 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 Commission and State programs for 
protection against hazards of radiation will be coordinated and 
compatible. The State agrees 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 will assure that the State's 
program will continue to be compatible with the program of the 
Commission for the regulation of materials covered by this 
Agreement.
    The State and the Commission agree to keep each other informed 
of proposed changes in their respective rules and regulations, and 
to provide each other the opportunity for early and substantive 
contribution to the proposed changes.
    The State and the Commission agree to keep each other informed 
of events, accidents, and licensee performance that may have generic 
implication or otherwise be of regulatory interest.

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 other Agreement 
state. Accordingly, the Commission and the State agree 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 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 which requires a State program to be 
adequate to protect public health and safety with respect to the

[[Page 44822]]

materials covered by the Agreement and to be compatible with the 
Commission's program.

Article IX

    This Agreement shall become effective on August 11, 2003, and 
shall remain in effect unless and until such time as it is 
terminated pursuant to Article VIII.

    Dated at Rockville, Maryland, in triplicate, this 1st day of 
July, 2003.

    For the United States Nuclear Regulatory Commission.

Nils J. Diaz,
Chairman.

    Dated at Madison, Wisconsin, in triplicate, this 3rd day of 
July, 2003.

    For the State of Wisconsin.

Jim Doyle,
Governor.

[FR Doc. 03-19319 Filed 7-29-03; 8:45 am]
BILLING CODE 7590-01-P