[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Notices]
[Pages 14965-14966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-4304]



[[Page 14965]]

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NUCLEAR REGULATORY COMMISSION


State of Minnesota: Discontinuance of Certain Commission 
Regulatory Authority Within the State; Notice of Agreement Between the 
NRC and the State of Minnesota

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Agreement between the NRC and the State of Minnesota.

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SUMMARY: This notice is announcing that on February 3, 2006, Dr. Nils 
J, Diaz, Chairman of the U.S. Nuclear Regulatory Commission (NRC), and 
on March 2, 2006, Governor Tim Pawlenty of the State of Minnesota 
signed an Agreement as authorized by section 274b. of the Atomic Energy 
Act of 1954, as amended (Act). The Agreement provides for the 
Commission to discontinue its regulatory authority and for Minnesota to 
assume regulatory authority over the possession and use of byproduct 
material as defined in section 11e.(1) of the Act, source material, and 
special nuclear materials (in quantities not sufficient to form a 
critical mass). Under the Agreement, a person in Minnesota possessing 
these materials is exempt from certain Commission regulations. The 
exemptions have been previously published in the Federal Register (FR) 
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: Aaron T. McCraw, Office of State and 
Tribal Programs, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Telephone (301) 415-1277; e-mail [email protected].

SUPPLEMENTARY INFORMATION: The draft Agreement was published in the FR 
for comment once a week for four consecutive weeks (see, e.g., 70 FR 
68102, November 9, 2005) as required by the Act. The public comment 
period ended on December 9, 2005. The Commission received no comments. 
The proposed Minnesota Agreement is consistent with Commission policy 
and thus meets the criteria for an Agreement with the Commission.
    After considering the request for an Agreement by the Governor of 
Minnesota, the supporting documentation submitted with the request for 
an Agreement, and its interactions with the staff of the Minnesota 
Department of Health, the NRC staff completed an assessment of the 
Minnesota program. A copy of the staff assessment was made available in 
the NRC's Public Document Room (PDR) and electronically on NRC's Web 
site. Based on the staff's assessment, the Commission determined on 
January 26, 2006, that the proposed Minnesota program for control of 
radiation hazards is adequate to protect public health and safety, and 
compatible with the Commission's program.
    Documents may be examined, and/or copied for a fee, at the NRC's 
PDR, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Documents referred to in this notice and 
other publicly available documents are available electronically at the 
NRC's Public Electronic Reading Room on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. From this site, the 
public can gain entry into the NRC's Agencywide Document Access and 
Management System (ADAMS), which provides text and image files of NRC's 
public documents. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
PDR reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
[email protected].

    Dated at Rockville, Maryland, this 20th day of March, 2006.

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

Agreement Between the United States Nuclear Regulatory Commission and 
the State of Minnesota 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 Minnesota is authorized under 
Sec.  144.1202, Subdivision 1, Minnesota Statutes, to enter into this 
Agreement with the Commission; and,
    Whereas, The Governor of the State of Minnesota certified on July 
6, 2004, that the State of Minnesota (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 responsibility for such materials; and,
    Whereas, The Commission found on January 26, 2006, 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;

[[Page 14966]]

    B. The regulation of the export from or import into the United 
States of byproduct, source, or special nuclear materials, or of any 
production or utilization facility;
    C. The regulation of the disposal into the ocean or sea of 
byproduct, source, or special nuclear materials waste as defined in the 
regulations or orders of the Commission;
    D. The regulation of the disposal of such other byproduct, source, 
or special nuclear materials 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 materials 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 one or more of 
the additional activities specified in Article II, paragraphs E, F and 
G, whereby the State may then 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 materials 
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 materials.

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

Article IX

    This Agreement shall become effective on March 31, 2006, 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 3rd day of February, 
2006.

    For the United States Nuclear Regulatory Commission.

Nils J. Diaz,
Chairman.

Done at St. Paul, Minnesota, in triplicate, this 2nd day of March, 
2006.

    For the State of Minnesota.

Tim Pawlenty,
Governor.
[FR Doc. E6-4304 Filed 3-23-06; 8:45 am]
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