[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Notices]
[Pages 48726-48727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19306]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0181]


Placement of the Georgia Agreement State Program on Probation

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of the Georgia Agreement State Program being placed on 
probation.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is announcing the 
placement of the Georgia Agreement State Program (Georgia Program) for 
the regulation of certain Atomic Energy Act materials on probation and 
a further increase in the NRC oversight of the Georgia Program, 
including overseeing implementation of a ``Program Improvement Plan'' 
developed by the staff of the Georgia Program. Once the Georgia Program 
has met the commitments made in the ``Program Improvement Plan,'' and 
has demonstrated significant and sustainable improvements, the 
probationary status could be lifted. There will be further 
announcements of such action.

ADDRESSES: Please refer to Docket ID NRC-2013-0181] when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0181]. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Lisa Dimmick, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, telephone: 301-415-0694, 
email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Under Section 274 of the Atomic Energy Act, as amended, the 
Commission retains the authority and the responsibility to ensure that 
Agreement State programs continue to provide adequate protection of 
public health and safety, and to be compatible with the NRC's program 
with respect to the regulation of the materials and uses authorized 
under the agreement. Agreement States are States that have assumed 
regulatory authority from the NRC over the possession and use of 
certain radioactive materials.
    Section 274j. of the Atomic Energy Act of 1954, as amended, 
requires that the NRC periodically review each Agreement State to 
ensure each State's regulatory programs are adequate and compatible. 
The NRC evaluates Agreement State radiation control programs, using 
performance indicators, to ensure that public health and safety is 
being adequately protected. The periodic review process for Agreement 
State programs is called the Integrated Materials Performance 
Evaluation Program (IMPEP).
    The Management Review Board (MRB), in a public meeting, makes the 
overall assessment of the Agreement State program. Information 
considered by the MRB includes the proposed final IMPEP report, which 
presents suggested performance indicator ratings and recommendations 
prepared by the IMPEP review team, and information provided by the 
State at the MRB meeting. For most IMPEP reviews, no action other than 
issuance of the final IMPEP report is needed. For those infrequent 
reviews where additional action is needed, the MRB may consider 
Monitoring, Heightened Oversight, and recommendations for Probation, 
Suspension, or Termination. The most significant actions, Probation, 
Suspension, or Termination, require Commission approval. In 2008, the 
MRB placed the Georgia Program under a condition of Monitoring due to 
the results of the 2008 Georgia Program IMPEP.
    After the most recent review, the MRB found the overall Georgia 
Program compatible with the NRC's program and adequate to protect 
public health and safety, but it needs improvement. The MRB found the 
Georgia Program performance unsatisfactory for two performance 
indicators: Technical Quality of Inspections, and Technical Quality of 
Incident and Allegation Activities. The Georgia Program was found 
satisfactory, but it needs improvement, for three performance 
indicators: Technical Staffing and Training, Status of Materials 
Inspection Program, and Technical Quality of Licensing Actions. The 
indicators, Compatibility Requirements and Sealed Source and Device 
Evaluation were found satisfactory. The MRB recommended that the 
Georgia Program be placed on Probation due to the significant 
performance issues identified. The Commission agreed that the Georgia 
Program should be placed on Probation.
    The Georgia Agreement State Program's progress in addressing the 
program weaknesses will be evaluated in January 2014 by an IMPEP review 
team. Once the MRB determines that the Agreement State has met the 
commitments in the ``Program Improvement Plan'' and has demonstrated 
significant and sustainable improvements in program performance, a 
recommendation will be made to the Commission that the probationary 
status be lifted.
    Notification of discontinuance of Probation would be made to the 
Governor of Georgia, the Georgia Congressional delegation, and all 
other Agreement and Non-Agreement States.

[[Page 48727]]

The NRC would also publish a Federal Register notice and a press 
release announcing the discontinuance of Probation for the Georgia 
Program, if approved by the Commission.

    Dated at Rockville, Maryland, this 2nd day of August, 2013.
    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Director, Office of Federal and State Materials and Environmental 
Management Programs.
[FR Doc. 2013-19306 Filed 8-8-13; 8:45 am]
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