[Federal Register Volume 84, Number 122 (Tuesday, June 25, 2019)]
[Proposed Rules]
[Pages 29811-29815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13403]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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 

  Federal Register / Vol. 84, No. 122 / Tuesday, June 25, 2019 / 
Proposed Rules  

[[Page 29811]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 150

[NRC-2019-0114]


State of Vermont: NRC Staff Assessment of a Proposed Agreement 
Between the Nuclear Regulatory Commission and the State of Vermont

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed state agreement; request for comment.

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

SUMMARY: By letter dated April 11, 2019, Governor Philip Scott of the 
State of Vermont requested that the U.S. Nuclear Regulatory Commission 
(NRC or Commission) enter into an Agreement with the State of Vermont 
as authorized by Section 274b. of the Atomic Energy Act of 1954, as 
amended (AEA).
    Under the proposed Agreement, the Commission would discontinue, and 
the State of Vermont would assume, regulatory authority over certain 
types of byproduct materials as defined in the AEA, source material, 
and special nuclear material in quantities not sufficient to form a 
critical mass.
    As required by Section 274e. of the AEA, the NRC is publishing the 
proposed Agreement for public comment. The NRC is also publishing the 
summary of a draft assessment by the NRC staff of the State of 
Vermont's regulatory program. Comments are requested on the proposed 
Agreement and its effect on public health and safety. Comments are also 
requested on the draft staff assessment, the adequacy of the State of 
Vermont's program, and the State's program staff, as discussed in this 
document.

DATES: Submit comments by July 25, 2019. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date.

ADDRESSES: You may submit comments by the following method:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0114. Address 
questions about NRC dockets in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individuals listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Duncan White, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-2598, email: 
[email protected] of the U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2019-0114 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2019-0114.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://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, at 301-415-4737, or by email to [email protected]. 
The final application for an AEA Section 274 Agreement from the State 
of Vermont, the draft assessment of the proposed Vermont program, and 
additional related correspondence between the NRC and the State for the 
regulation of agreement materials are available in ADAMS under 
Accession Nos. ML19107A432, ML19114A092, ML19115A214, ML19102A130 and 
ML19113A279.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2019-0114 in your comment submission. 
The NRC cautions you not to include identifying or contact information 
that you do not want to be publicly disclosed in your comment 
submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Additional Information on Agreements Entered Under Section 274 of 
the AEA

    Under the proposed Agreement, the NRC would discontinue its 
authority over 36 licenses and would transfer its regulatory authority 
over those licenses to the State of Vermont. The NRC periodically 
reviews the performance of the Agreement States to assure compliance 
with the provisions of Section 274.
    Section 274e. of the AEA requires that the terms of the proposed 
Agreement be published in the Federal Register for public comment once 
each week for four consecutive weeks. This document is being published 
in fulfillment of that requirement.

III. Proposed Agreement With the State of Vermont

Background

    (a) Section 274b. of the AEA provides the mechanism for a State to 
assume regulatory authority from the NRC over certain radioactive 
materials and activities that involve use of these

[[Page 29812]]

materials. The radioactive materials, sometimes referred to as 
``Agreement materials,'' are byproduct materials as defined in Sections 
11e.(1), 11e.(2), 11e.(3), and 11e.(4) of the AEA; source material as 
defined in Section 11z. of the AEA; and special nuclear material as 
defined in Section 11aa. of the AEA, restricted to quantities not 
sufficient to form a critical mass.
    The radioactive materials and activities (which together are 
usually referred to as the ``categories of materials'') that the State 
of Vermont requests authority over are:
    1. The possession and use of byproduct material as defined in 
Section 11e.(1) of the Act;
    2. The possession and use of byproduct material as defined in 
Section 11e.(3) of the Act;
    3. The possession and use of byproduct material as defined in 
Section 11e.(4) of the Act;
    4. The possession and use of source material; and
    5. The possession and use of special nuclear material, in 
quantities not sufficient to form a critical mass.
    (b) The proposed Agreement contains articles that:
    (i) Specify the materials and activities over which authority is 
transferred;
    (ii) Specify the materials and activities over which the Commission 
will retain regulatory authority;
    (iii) Continue the authority of the Commission to safeguard special 
nuclear material, protect restricted data, and protect common defense 
and security;
    (iv) Commit the State of Vermont and the NRC to exchange 
information as necessary to maintain coordinated and compatible 
programs;
    (v) Provide for the reciprocal recognition of licenses;
    (vi) Provide for the suspension or termination of the Agreement; 
and
    (vii) Specify the effective date of the proposed Agreement.
    The Commission reserves the option to modify the terms of the 
proposed Agreement in response to comments, to correct errors, and to 
make editorial changes. The final text of the proposed Agreement, with 
the effective date, will be published after the Agreement is approved 
by the Commission and signed by the NRC Chairman and the Governor of 
Vermont.
    (c) The regulatory program is authorized by law under the Vermont 
Statutes Annotated (VT. STAT. ANN.) title 18, sections 1651 through 
1657, which provides the Governor with the authority to enter into an 
Agreement with the Commission. The State of Vermont law contains 
provisions for the orderly transfer of regulatory authority over 
affected licenses from the NRC to the State. In a letter dated April 
11, 2019, Governor Scott certified that the State of Vermont has a 
program for the control of radiation hazards that is adequate to 
protect public health and safety within the State of Vermont for the 
materials and activities specified in the proposed Agreement, and that 
the State desires to assume regulatory responsibility for these 
materials and activities (ADAMS Accession No. ML19116A227). After the 
effective date of the Agreement, licenses issued by the NRC would 
continue in effect as State of Vermont licenses until the licenses 
expire or are replaced by State-issued licenses.
    (d) The draft staff assessment finds that the Vermont Department of 
Health's Radioactive Materials Program is adequate to protect public 
health and safety and is compatible with the NRC's regulatory program 
for the regulation of Agreement materials. However, the NRC staff 
identified several sections of the Vermont Radioactive Materials 
regulations that were either not compatible or needed additional 
editorial changes. By letter dated May 10, 2019, the NRC staff 
described these compatibility and editorial issues, and requested that 
the Vermont Department of Health reply within 60 days with a commitment 
to make the described regulatory changes as soon as practicable (ADAMS 
Accession No. ML19102A160). The resolution of these comments does not 
interfere with the NRC staff's processing of Vermont's Agreement State 
Application. On June 6, 2019, the NRC received a letter from the 
Vermont Department of Health committing to making these compatibility 
and editorial changes (ADAMS Accession No. ML19161A133). Therefore, the 
State of Vermont has committed to adopting an adequate and compatible 
set of radiation protection regulations that apply to byproduct, 
source, and special nuclear materials in quantities not sufficient to 
form a critical mass.

Summary of the Draft NRC Staff Assessment of the State of Vermont's 
Program for the Regulation of Agreement Materials

    The NRC staff has examined the State of Vermont's request for an 
Agreement with respect to the ability of the State's radiation control 
program to regulate Agreement materials. The examination was based on 
the Commission's Policy Statement, ``Criteria for Guidance of States 
and NRC in Discontinuance of NRC Regulatory Authority and Assumption 
Thereof by States Through Agreement,'' (46 FR 7540, January 23, 1981, 
as amended by Policy Statements published at 46 FR 36969, July 16, 
1981, and at 48 FR 33376, July 21, 1983) (Policy Statement), and the 
Office of Nuclear Material Safety and Safeguards Procedure SA[dash]700, 
``Processing an Agreement'' (available at https://scp.nrc.gov/procedures/sa700.pdf and https://scp.nrc.gov/procedures/sa700_hb.pdf). 
The Policy Statement has 28 criteria that serve as the basis for the 
NRC staff's assessment of the State of Vermont's request for an 
Agreement. The following section will reference the appropriate 
criteria numbers from the Policy Statement that apply to each section.
    (a) Organization and Personnel. The NRC staff reviewed these areas 
under Criteria 1, 2, 20, and 24 in the draft staff assessment. The 
State of Vermont's proposed Agreement materials program for the 
regulation of radioactive materials is called the ``Radioactive 
Materials Program,'' and will be located within the existing Office of 
Radiological Health of the Vermont Department of Health.
    The educational requirements for the Radioactive Materials Program 
staff are specified in the State of Vermont's personnel position 
descriptions and meet the NRC criteria with respect to formal education 
or combined education and experience requirements. All current staff 
members hold a Master's Degree in either environmental science or 
radiologic and imaging sciences. All have training and work experience 
in radiation protection. Supervisory level staff have at least 20 years 
of working experience in radiation protection.
    The State of Vermont performed an analysis of the expected workload 
under the proposed Agreement. Based on the NRC staff review of the 
State of Vermont's analysis, the State has an adequate number of staff 
to regulate radioactive materials under the terms of the proposed 
Agreement. The State of Vermont will employ the equivalent of 1.25 
full-time equivalent professional and technical staff to support the 
Radioactive Materials Program.
    The State of Vermont has indicated that the Radioactive Materials 
Program has an adequate number of trained and qualified staff in place. 
The State of Vermont has developed qualification procedures for license 
reviewers and inspectors that are similar to the NRC's procedures. The 
Radioactive Materials Program staff has accompanied the NRC staff on 
inspections of NRC licensees in Vermont and participated in licensing 
training at NRC's Region I with Division of Nuclear Materials Safety 
staff. The

[[Page 29813]]

Radioactive Materials Program staff is also actively supplementing its 
experience through direct meetings, discussions, and facility visits 
with the NRC licensees in the State of Vermont and through self-study, 
in-house training, and formal training.
    Overall, the NRC staff concluded that the Radioactive Materials 
Program staff identified by the State of Vermont to participate in the 
Agreement materials program has sufficient knowledge and experience in 
radiation protection, the use of radioactive materials, the standards 
for the evaluation of applications for licensing, and the techniques of 
inspecting licensed users of Agreement materials.
    (b) Legislation and Regulations. The NRC staff reviewed these areas 
under Criteria 1-15, 17, 19, and 21-28 in the draft staff assessment. 
The Vermont Statutes Annotated, VT. STAT. ANN. tit. 18, sections 1651 
through 1657 provide the authority to enter into the Agreement and 
establish the Vermont Department of Health as the lead agency for the 
State's Radioactive Materials Program. The Department has the requisite 
authority to promulgate regulations under the Vermont Statutes 
Annotated, VT. STAT. ANN. tit. 18, section 1653(b)(1) for protection 
against radiation. The Vermont Statutes Annotated, VT. STAT. ANN. tit. 
18, sections 1651 through 1657 also provide the Radioactive Materials 
Program the authority to issue licenses and orders; conduct 
inspections; and enforce compliance with regulations, license 
conditions, and orders. The Vermont Statutes Annotated, VT. STAT. ANN. 
tit. 18, section 1654 requires licensees to provide access to 
inspectors.
    The NRC staff verified that the State of Vermont adopted by 
reference the relevant NRC regulations in parts 19, 20, 30, 31, 32, 33, 
34, 35, 36, 37, 39, 40, 61, 70, 71, and 150 of title 10 of the Code of 
Federal Regulations (10 CFR) into the Vermont Radioactive Materials 
Rule, Chapter 6, Subchapter 5. During its review, the NRC staff 
identified several sections of the final Vermont Radioactive Materials 
regulations that are not compatible or need editorial changes. By 
letter dated May 10, 2019, the NRC staff described these compatibility 
and editorial issues, and requested that the Vermont Department of 
Health reply within 60 days with a commitment to make the described 
regulatory changes as soon as practicable. The resolution of these 
comments does not interfere with the NRC staff's processing of 
Vermont's Agreement State Application. On June 6, 2019, the NRC staff 
received a letter from the Vermont Department of Health committing to 
making these compatibility and editorial changes. Therefore, the State 
of Vermont has committed to adopting an adequate and compatible set of 
radiation protection regulations that apply to byproduct materials, 
source material and special nuclear material in quantities not 
sufficient to form a critical mass. The NRC staff also verified that 
the State of Vermont will not attempt to enforce regulatory matters 
reserved to the Commission.
    (c) Storage and Disposal. The NRC staff reviewed these areas under 
Criteria 8, 9a, and 11 in the draft staff assessment. The State of 
Vermont has adopted NRC compatible requirements for the handling and 
storage of radioactive material, including regulations equivalent to 
the applicable standards contained in 10 CFR part 20, which address the 
general requirements for waste disposal, and part 61, which addresses 
waste classification and form. These regulations are applicable to all 
licensees covered under this proposed Agreement.
    (d) Transportation of Radioactive Material. The NRC staff reviewed 
this area under Criteria 10 in the draft staff assessment. The State of 
Vermont has adopted compatible regulations to the NRC regulations in 10 
CFR part 71. Part 71 contains the requirements licensees must follow 
when preparing packages containing radioactive material for transport. 
Part 71 also contains requirements related to the licensing of 
packaging for use in transporting radioactive materials.
    (e) Recordkeeping and Incident Reporting. The NRC staff reviewed 
this area under Criteria 1 and 11 in the draft staff assessment. The 
State of Vermont has adopted compatible regulations to the sections of 
the NRC regulations that specify requirements for licensees to keep 
records and to report incidents or accidents involving the State's 
regulated Agreement materials.
    (f) Evaluation of License Applications. The NRC staff reviewed this 
area under Criteria 1, 7, 8, 9a, 13, 14, 15, 20, 23, and 25 in the 
draft staff assessment. The State of Vermont has adopted compatible 
regulations to the NRC regulations that specify the requirements to 
obtain a license to possess or use radioactive materials. The State of 
Vermont has also developed licensing procedures and adopted NRC 
licensing guides for specific uses of radioactive material for use by 
the program staff when evaluating license applications.
    (g) Inspections and Enforcement. The NRC staff reviewed these areas 
under Criteria 1, 16, 18, 19, and 23 in the draft staff assessment. The 
State of Vermont has adopted a schedule providing for the inspection of 
licensees as frequently as, or more frequently than, the inspection 
schedule used by the NRC. The State of Vermont's Radioactive Materials 
Program has adopted procedures for the conduct of inspections, 
reporting of inspection findings, and reporting inspection results to 
the licensees. Additionally, the State of Vermont has also adopted 
procedures for the enforcement of regulatory requirements.
    (h) Regulatory Administration. The NRC staff reviewed this area 
under Criterion 23 in the draft staff assessment. The State of Vermont 
is bound by requirements specified in its State law for rulemaking, 
issuing licenses, and taking enforcement actions. The State of Vermont 
has also adopted administrative procedures to assure fair and impartial 
treatment of license applicants. The State of Vermont law prescribes 
standards of ethical conduct for State employees.
    (i) Cooperation with Other Agencies. The NRC staff reviewed this 
area under Criteria 25, 26, and 27 in the draft staff assessment. The 
State of Vermont law provides for the recognition of existing NRC and 
Agreement State licenses and the State has a process in place for the 
transition of active NRC licenses. Upon the effective date of the 
Agreement, all active NRC radioactive materials licenses issued to 
facilities in the State of Vermont will be recognized as Vermont 
Department of Health licenses.
    The State of Vermont also provides for ``timely renewal.'' This 
provision affords the continuance of licenses for which an application 
for renewal has been filed more than 30 days prior to the date of 
expiration of the license. NRC licenses transferred while in timely 
renewal are included under the continuation provision.
    The State of Vermont regulations, in Vermont Radioactive Materials 
Rule Chapter 6, Subchapter 5, provide exemptions from the State's 
requirements for the NRC and the U.S. Department of Energy contractors 
or subcontractors; the exemptions must be authorized by law and 
determined not to endanger life or property and to otherwise be in the 
public interest. The proposed Agreement commits the State of Vermont to 
use its best efforts to cooperate with the NRC and the other Agreement 
States in the formulation of standards and regulatory programs for the 
protection against hazards of radiation, and to assure that the State's 
program will continue to be compatible with the Commission's program 
for the regulation of Agreement materials. The

[[Page 29814]]

proposed Agreement specifies the desirability of reciprocal recognition 
of licenses, and commits the Commission and the State of Vermont to use 
their best efforts to accord such reciprocity. The State of Vermont 
would be able to recognize the licenses of other jurisdictions by 
general license.

Staff Conclusion

    Section 274d. of the AEA provides that the Commission shall enter 
into an Agreement under Section 274b. with any State if:
    (a) The Governor of that State certifies that the State has a 
program for the control of radiation hazards adequate to protect the 
public health and safety with respect to the Agreement materials within 
the State, and that the State desires to assume regulatory 
responsibility for the Agreement materials; and
    (b) The Commission finds that the State program is in accordance 
with the requirements of Subsection 274o. and in all other respects 
compatible with the Commission's program for regulation of such 
materials, and that the State program is adequate to protect the public 
health and safety with respect to the materials covered by the proposed 
Agreement.
    The NRC staff has reviewed the proposed Agreement, the 
certification of Vermont Governor Scott, and the supporting information 
provided by the Radioactive Materials Program of the Vermont Department 
of Health. Based upon this review, the NRC staff concludes that the 
State of Vermont Radioactive Materials Program satisfies the Section 
274d. criteria as well as the criteria in the Commission's Policy 
Statement ``Criteria for Guidance of States and NRC in Discontinuance 
of NRC Regulatory Authority and Assumption Thereof by States Through 
Agreement.'' The NRC staff also concludes that the proposed State of 
Vermont program to regulate Agreement materials, as comprised of 
statutes, regulations, procedures, and staffing, is compatible with the 
Commission's program and is adequate to protect the public health and 
safety with respect to the materials covered by the proposed Agreement. 
Therefore, the proposed Agreement meets the requirements of Section 274 
of the AEA.

    Dated at Rockville, Maryland, this 19th day of June, 2019.

    For the Nuclear Regulatory Commission.
Andrea L. Kock,
Director, Division of Materials Safety, Security, State, and Tribal 
Programs, Office of Nuclear Material Safety and Safeguards.

    Note: The following appendix will not appear in the Code of Federal 
Regulations.

APPENDIX A

AN AGREEMENT BETWEEN THE UNITED STATES NUCLEAR REGULATORY COMMISSION 
AND THE STATE OF VERMONT FOR THE 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, 42 U.S.C. 
Section 2011 et seq. (hereinafter referred to as ``the Act''), to enter 
into agreements with the Governor of the State of Vermont (hereinafter 
referred to as ``the 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), (3), and (4) 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 Vermont is authorized under 
VT. STAT. ANN. tit. 18, Sec.  1653 to enter into this Agreement with 
the Commission; and,
    WHEREAS, The Governor of the State of Vermont certified on April 
11, 2019, that the State has a program for the control of radiation 
hazards adequate to protect the 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 [date] that the program of the 
State of Vermont 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 the public 
health and safety; and,
    WHEREAS, The State of Vermont 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 of Vermont 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 Vermont 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:
    1. Byproduct material as defined in Section 11e.(1) of the Act;
    2. Byproduct material as defined in Section 11e.(3) of the Act;
    3. Byproduct materials as defined in Section 11e.(4) of the Act;
    4. Source materials; and
    5. Special nuclear materials, in quantities not sufficient to form 
a critical mass.

ARTICLE II

    This Agreement does not provide for the discontinuance of any 
authority, and the Commission shall retain authority and 
responsibility, with respect to:
    A. The regulation of byproduct material as defined in Section 
11e.(2) of the Act;
    B. The regulation of the land disposal of byproduct, source, or 
special nuclear material received from other persons;
    C. The evaluation of radiation safety information on sealed sources 
or devices containing byproduct, source, or special nuclear material 
and the registration of the sealed sources or devices for distribution, 
as provided for in regulations or orders of the Commission;
    D. The regulation of the construction, operation, and 
decommissioning of any production or utilization facility or any 
uranium enrichment facility;
    E. 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;
    F. The regulation of the disposal into the ocean or sea of 
byproduct, source, or

[[Page 29815]]

special nuclear material waste as defined in regulations or orders of 
the Commission;
    G. The regulation of the disposal of such other byproduct, source, 
or special nuclear material as the Commission determines by regulation 
or order should, because of the hazards or potential hazards thereof, 
not be so disposed without a license from the Commission; and
    H. The regulation of activities not exempt from Commission 
regulation as stated in 10 CFR part 150.

ARTICLE III

    With the exception of those activities identified in Article II, 
paragraphs D. through H., 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 A. through C., whereby the State 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 for 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 promote 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 
the 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 the 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 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 
Vermont, 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 the public health and safety, or (2) the State has 
not complied with one or more of the requirements of Section 274 of the 
Act.
    Pursuant to Section 274j. of the Act, the Commission may, after 
notifying the Governor, temporarily suspend all or part of this 
Agreement without notice or hearing if, in the judgment of the 
Commission, an emergency situation exists with respect to any material 
covered by this agreement creating danger which requires immediate 
action to protect the health or safety of persons either within or 
outside of the State and the State has failed to take steps necessary 
to contain or eliminate the cause of danger within a reasonable time 
after the situation arose. The Commission shall periodically review 
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 the 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 [date], and shall remain 
in effect unless and until such time as it is terminated pursuant to 
Article VIII.
    Done at [location] this [date] day of [month], 2019.
    For the Nuclear Regulatory Commission.

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Kristine L. Svinicki, Chairman

    Done at [location] this [date] day of [month], 2019.
    For the State of Vermont.

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Philip B. Scott, Governor

[FR Doc. 2019-13403 Filed 6-24-19; 8:45 am]
BILLING CODE 7590-01-P