[Federal Register Volume 73, Number 69 (Wednesday, April 9, 2008)]
[Notices]
[Pages 19261-19263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7444]


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NUCLEAR REGULATORY COMMISSION


Commonwealth of Pennsylvania: Discontinuance of Certain 
Commission Regulatory Authority Within the State; Notice of Agreement 
Between the Nuclear Regulatory Commission and the Commonwealth of 
Pennsylvania; Notice of Waiver Termination

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Agreement between the U.S. Nuclear Regulatory 
Commission and the Commonwealth of Pennsylvania.

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SUMMARY: This notice is announcing that on March 10, 2008, Dr. Dale E. 
Klein, Chairman of the U.S. Nuclear Regulatory Commission (NRC), and on 
March 26, 2008, Governor Edward G. Rendell of the Commonwealth of 
Pennsylvania signed an Agreement as authorized by Section 274b. of the 
Atomic Energy Act of 1954, as amended (the Act). The Agreement provides 
for the Commission to discontinue its regulatory authority and for 
Pennsylvania to assume regulatory authority over the possession and use 
of byproduct material as defined in Sections 11e.(1), 11e.(3), and 
11e.(4) of the Act, source material, special nuclear materials (in 
quantities not sufficient to form a critical mass), and land disposal 
of all waste for such materials. Under the Agreement, a person in 
Pennsylvania 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. Approximately 650 licenses have been 
transferred to Pennsylvania's jurisdiction. This Agreement became 
effective on March 31, 2008, and is published here as required by 
Section 274e. of the Act.

Notice of Waiver Termination

    On March 31, 2008, the Commission terminated the time-limited 
waivers of the Energy Policy Act of 2005 requirements granted by the 
Commission (70 FR 51581; August 31, 2005) to Pennsylvania for byproduct 
material as defined in Sections 11e.(3) and 11e.(4) of the Act.

FOR FURTHER INFORMATION CONTACT: Kim Lukes, Division of Materials 
Safety and State Agreements, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Telephone 301-415-6701; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The NRC published the draft Agreement in the 
Federal Register for comment once a week for four consecutive weeks on 
June 18, 2007 (72 FR 33541), June 25, 2007 (72 FR 34728), July 2, 2007 
(72 FR 36069), and July 9, 2007 (72 FR 37268), as required by the Act. 
The public comment period ended on July 18, 2007. The Commission 
received two comment letters. The comments do not affect the NRC 
staff's assessment, which finds that the Pennsylvania Agreement 
materials program is adequate to protect public health and safety and 
compatible with the NRC's program. The proposed Pennsylvania 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 
Pennsylvania, the supporting documentation submitted with the request 
for an Agreement, and its interactions with the staff of the 
Pennsylvania Bureau of Radiation Protection, the NRC staff completed an 
assessment of the Pennsylvania program. The agency made a copy of the 
staff assessment 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 February 12, 2008, that the proposed 
Pennsylvania 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 4th day of April 2008.

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

Agreement Between the United States Nuclear Regulatory Commission and 
the Commonwealth of Pennsylvania for the Discontinuance of Certain 
Commission Regulatory Authority and Responsibility Within the 
Commonwealth 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, 42 U.S.C. 2011 et 
seq. (hereinafter referred to as the Act), to enter into agreements 
with the Governor of any State/Commonwealth providing for 
discontinuance of the regulatory authority of the Commission within the 
State/Commonwealth under Chapters 6, 7, and 8, and Section 161 of the 
Act with respect to byproduct materials as defined in Sections 11e.(1), 
11e.(2), 11e.(3), and 11e.(4) of the Act, source materials, and special 
nuclear materials

[[Page 19262]]

in quantities not sufficient to form a critical mass; and,
    Whereas, The Governor of the Commonwealth of Pennsylvania is 
authorized under the Pennsylvania Radiation Protection Act of July 10, 
1984, Public Law 688, No. 147, as amended, 35 P.S. 7110.101 et seq., to 
enter into this Agreement with the Commission; and,
    Whereas, The Governor of the Commonwealth of Pennsylvania certified 
on November 9, 2006, that the Commonwealth of Pennsylvania (hereinafter 
referred to as the Commonwealth) has a program for the control of 
radiation hazards adequate to protect public health and safety with 
respect to the materials within the Commonwealth covered by this 
Agreement, and that the Commonwealth desires to assume regulatory 
responsibility for such materials; and,
    Whereas, The Commission found on February 12, 2008, that the 
program of the Commonwealth 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 Commonwealth and the Commission recognize the 
desirability and importance of cooperation between the Commission and 
the Commonwealth in the formulation of standards for protection against 
hazards of radiation and in assuring that Commonwealth and Commission 
programs for protection against hazards of radiation will be 
coordinated and compatible; and,
    Whereas, The Commission and the Commonwealth 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 Commonwealth acting on behalf of the Commonwealth 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 
Commonwealth under Chapters 6, 7, and 8, and Section 161 of the Act 
with respect to the following materials:
    1. Byproduct materials as defined in Section 11e.(1) of the Act;
    2. Byproduct materials as defined in Section 11e.(3) of the Act;
    3. Byproduct materials as defined in Section 11e.(4) of the Act;
    4. Source materials;
    5. Special nuclear materials in quantities not sufficient to form a 
critical mass;
    6. The regulation of the land disposal of all byproduct, source, 
and special nuclear waste materials covered by this Agreement.

Article II

    This Agreement does not provide for discontinuance of any authority 
and the Commission shall retain authority and responsibility with 
respect to the following:
    1. The regulation of the construction and operation of any 
production or utilization facility or any uranium enrichment facility;
    2. 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;
    3. 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;
    4. The regulation of the disposal of such other byproduct, source, 
or special nuclear materials waste as the Commission from time to time 
determines by regulation or order should, because of the hazards or 
potential hazards thereof, not be disposed without a license from the 
Commission;
    5. 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;
    6. Byproduct materials as defined in Section 11e.(2) of the Act.

Article III

    With the exception of those activities identified in Articles II, 
paragraphs 1 through 4, this Agreement may be amended, upon application 
by the Commonwealth and approval by the Commission, to include one or 
more of the additional activities specified in Article II, paragraphs 5 
and 6, whereby the Commonwealth may then exert regulatory authority and 
responsibility with respect to those activities.

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 Section 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 Commonwealth and other 
Agreement States in the formulation of standards and regulatory 
programs of the Commonwealth and the Commission for protection against 
hazards of radiation and to assure that Commission and Commonwealth 
programs for protection against hazards of radiation will be 
coordinated and compatible. The Commonwealth agrees to cooperate with 
the Commission and other Agreement States in the formulation of 
standards and regulatory programs of the Commonwealth and the 
Commission for protection against hazards of radiation and to assure 
that the Commonwealth's program will continue to be compatible with the 
program of the Commission for the regulation of materials covered by 
this Agreement.
    The Commonwealth 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 Commonwealth and the Commission agree to keep each other 
informed of events, accidents, and licensee performance that may have 
generic implications or otherwise be of regulatory interest.

Article VII

    The Commission and the Commonwealth 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 Commonwealth agree to develop 
appropriate rules, regulations, and procedures by which such 
reciprocity will be accorded.

[[Page 19263]]

Article VIII

    The Commission, upon its own initiative after reasonable notice and 
opportunity for hearing to the Commonwealth, or upon request of the 
Governor of the Commonwealth, 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 Commonwealth 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 judgment of the Commission, an emergency 
situation exists requiring immediate action to protect public health 
and safety and the Commonwealth has failed to take necessary steps. The 
Commission shall periodically review actions taken by the Commonwealth 
under this Agreement to ensure compliance with Section 274 of the Act 
which requires a Commonwealth 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, 2008, 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 10th day of 
March, 2008.

    For the United States Nuclear Regulatory Commission.
Dale E. Klein,
Chairman.

    Done at Harrisburg, Pennsylvania, in triplicate, this 26th day 
of March, 2008.

    For the Commonwealth of Pennsylvania.

Edward G. Rendell,
Governor.
[FR Doc. E8-7444 Filed 4-8-08; 8:45 am]
BILLING CODE 7590-01-P