[Federal Register Volume 84, Number 189 (Monday, September 30, 2019)]
[Rules and Regulations]
[Pages 51365-51367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20973]



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 Rules and Regulations
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains regulatory documents 
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  Federal Register / Vol. 84, No. 189 / Monday, September 30, 2019 / 
Rules and Regulations  

[[Page 51365]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 150

[NRC-2019-0114]


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

AGENCY: Nuclear Regulatory Commission.

ACTION: Final State agreement.

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

SUMMARY: This notice is announcing that on September 9, 2019, Kristine 
L. Svinicki, Chairman of the U.S. Nuclear Regulatory Commission (NRC or 
Commission), and on September 13, 2019, Governor Philip B. Scott of the 
State of Vermont, signed an Agreement as authorized by Section 274b. of 
the Atomic Energy Act of 1954, as amended (the Act). Under the 
Agreement, the Commission discontinues its regulatory authority, and 
the State of Vermont assumes regulatory authority over 11e.(1), 
11e.(3), and 11e.(4) byproduct materials, source materials, and special 
nuclear materials in quantities not sufficient to form a critical mass. 
As of the effective date of the Agreement, a person in Vermont 
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. 
The Agreement is published here as required by Section 274e. of the 
Act.

DATES: The effective date of the Agreement is September 30, 2019.

ADDRESSES: Please refer to Docket ID NRC-2019-0114 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2019-0114. Address 
questions about docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search''. For problems with ADAMS, 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 numbers for the request 
for an Agreement by the Governor of Vermont, including all information 
and documentation submitted in support of the request, and the NRC 
staff assessment are: ML19109A085, ML19107A432, ML19114A092, 
ML19140A393, ML19102A130, ML19161A133, and ML19192A115 (SECY-19-0085, 
includes final staff assessment).
     NRC's PDR: The public 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: Duncan White, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2598; email: 
[email protected].

SUPPLEMENTARY INFORMATION: The NRC published the proposed Agreement in 
the FR for comment once each week for 4 consecutive weeks on June 25, 
2019 (84 FR 29811), July 2, 2019 (84 FR 31518), July 9, 2019 (84 FR 
32657), and July 16, 2019 (84 FR 33864), as required by the Act. The 
comment period ended on July 25, 2019. One comment was received 
supporting the Agreement. The NRC staff determined that the Vermont 
Agreement State program is adequate to protect the public health and 
safety and compatible with the NRC's program. The Vermont 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 
Vermont, the supporting documentation submitted with the request for an 
Agreement, and its interactions with the staff of the Vermont 
Department of Health, the NRC staff completed an assessment of the 
Vermont program. The agency made a copy of the staff assessment 
available in the NRC's PDR and electronically on the NRC's website. 
Based on the staff's assessment, the Commission determined on September 
6, 2019, that the Vermont program for control of radiation hazards is 
adequate to protect the public health and safety and compatible with 
the Commission's program.
    This Agreement is a rule as defined in the Congressional Review Act 
(5 U.S.C. 801-808). However, the Office of Management and Budget has 
not found it to be a major rule as defined in the Congressional Review 
Act.

    Dated at Rockville, Maryland, this 23rd day of September, 2019.

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

ATTACHMENT

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,

[[Page 51366]]

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 September 6, 2019, 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 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 
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

[[Page 51367]]

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 September 30, 2019, 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 9th day of 
September, 2019.

For the Nuclear Regulatory Commission. /RA/

Kristine L. Svinicki,

Chairman.

Done at Montpelier, Vermont, in triplicate, this 13th day of 
September, 2019.

For the State of Vermont. /RA/

Philip B. Scott,

Governor.

[FR Doc. 2019-20973 Filed 9-27-19; 8:45 am]
 BILLING CODE 7590-01-P