[Federal Register Volume 91, Number 99 (Friday, May 22, 2026)]
[Notices]
[Pages 30333-30337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10323]
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NUCLEAR REGULATORY COMMISSION
[NRC-2026-1387]
State of Indiana: NRC Staff Assessment of a Proposed Agreement
Between the Nuclear Regulatory Commission and the State of Indiana
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed state agreement; request for comment.
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SUMMARY: As required by Section 274e. of the Atomic Energy Act of 1954,
as amended (AEA), the U.S. Nuclear Regulatory Commission (NRC or
Commission) is publishing the proposed Agreement for public comment
(Appendix A). The NRC is also publishing the summary of a draft
assessment by the NRC staff of the State of Indiana'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 Indiana's program,
and the adequacy of the staffing of the State's program, as discussed
in this document.
DATES: Submit comments by June 15, 2026. 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 on or before
this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal Rulemaking website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2026-1387. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual(s) listed in the For Further
Information Contact section of this document.
Mail comments to: Office of Administration, Mail Stop:
TWFN-5-A85, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
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: Sherrie Flaherty, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7288; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2026-1387 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-2026-1387.
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 ``Begin ADAMS Public 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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking Website (https://www.regulations.gov). Please
include Docket ID NRC-2026-1387 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. Discussion
By letter received January 29, 2026, Governor Mike Braun of the
State of Indiana requested that the NRC enter into an Agreement with
the State of Indiana as authorized by Section 274b. of the AEA. Under
the proposed Agreement, the Commission would discontinue, and the State
of Indiana 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.
III. Additional Information on Agreements Entered Under Section 274 of
the AEA
Under the proposed Agreement, the NRC would discontinue its
authority over 213 licenses and would transfer its regulatory authority
over those licenses to the State of Indiana. 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.
IV. Proposed Agreement With the State of Indiana
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
[[Page 30334]]
activities that involve use of these 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 Indiana 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 as defined in Section
11z. of the Act; and
5. The possession and use of special nuclear material as defined in
Section 11aa. of the Act, 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 Indiana 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
Indiana.
(c) The regulatory program is authorized by law under the Indiana
Code (IC) Title 10, Article 19, Chapter 12, Section 11(a) (IC 10-19-12-
11(a)), which provides the Governor with the authority to enter into an
Agreement with the Commission. The State of Indiana law contains
provisions for the orderly transfer of regulatory authority over
affected licenses from the NRC to the State. In a letter received
January 29, 2026, Governor Braun certified that the State of Indiana
has a program for the control of radiation hazards that is adequate to
protect public health and safety within the State of Indiana for the
materials and activities specified in the proposed Agreement, and that
the State desires to assume regulatory responsibility for these
materials and activities. After the effective date of the Agreement,
licenses issued by the NRC would continue in effect as State of Indiana
licenses until the licenses expire or are replaced by State-issued
licenses.
(d) The draft staff assessment finds that the Indiana Department of
Homeland Security (IDHS) and Radioactive Materials Control Program
(RMCP) 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 limited,
section-specific inconsistencies within the Indiana Radioactive
Materials regulations that were not fully compatible with the
corresponding NRC requirements. In communications dated January 21,
2026, and February 27, 2026, the State of Indiana committed to making
the necessary compatibility changes in the next rulemaking.
Summary of the Draft NRC Staff Assessment of the State of Indiana's
Program for the Regulation of Agreement Materials
The NRC staff has examined the State of Indiana'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-700,
``Processing an Agreement.'' The Policy Statement has 28 criteria that
serve as the basis for the NRC staff's assessment of the State of
Indiana'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 Indiana's proposed Agreement materials program for the
regulation of radioactive materials is called the ``Radioactive
Materials Control Program'' (RMCP) and will be located within the
Radiation Programs section of the IDHS.
The educational requirements for the RMCP staff are specified in
the State of Indiana's personnel position descriptions and meet the NRC
criteria with respect to formal education or combined education and
experience requirements. All current staff members meet the
requirements of a bachelor's degree in the physical, life science or
engineering; or an equivalent combination of education and experience
has been substituted for the degree. All have training and work
experience in radiation protection. Supervisory level staff each have
at least five years of working experience in radiation protection.
The State of Indiana performed an analysis of the expected workload
under the proposed Agreement. Based on the NRC staff review of the
State of Indiana's analysis, the State has an adequate number of staff
to regulate radioactive materials under the terms of the proposed
Agreement. The State of Indiana will employ the equivalent of four
full-time equivalent professional and technical staff to support the
Radioactive Materials Program.
The State of Indiana has indicated that the RMCP has an adequate
number of trained and qualified staff in place, and has developed
qualification procedures for license reviewers and inspectors that are
similar to the NRC's procedures. The RMCP staff has accompanied the NRC
staff on inspections of NRC licensees in Indiana and participated in
licensing training at NRC's Region III with Division of Radiological
Safety and Security staff. The Radioactive Materials Program staff is
also actively supplementing its experience through meetings,
discussions, and facility visits with the NRC licensees in the State of
Indiana and through self-study, in-house training, and formal training.
Overall, the NRC staff concluded that the RMCP staff identified by
the State of Indiana 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,
[[Page 30335]]
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.
IC 10-19-12-11(a) provides the Governor of Indiana the authority to
enter into the Agreement, and IC 10-19-12-5 establishes the IDHS as the
lead agency for carrying out the duties of the State's Agreement state
program. The IDHS has the requisite authority to promulgate regulations
under the IC 10-19-12-5(c) and 10-19-12-14 for protection against
radiation. IC 10-19-12-5(c)), IC 10-19-12-6, IC 10-19-12-9, and IC 10-
19-12-18(a) provide the IDHS the authority to issue licenses and
orders; conduct inspections; and enforce compliance with regulations,
license conditions, and orders. IC 10-19-12-9 requires licensees to
provide access to inspectors.
The NRC staff verified that the State of Indiana 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 Indiana Administrative Code Title
290 Article 3, Standards for Protection Against Radiation. With the
State of Indiana's commitment to address the remaining compatibility
comments, the State of Indiana adopted 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 Indiana 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
Indiana 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 10 CFR 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
Indiana 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 Indiana 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 specified in the proposed Agreement.
(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 Indiana 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
Indiana 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 Indiana 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 Indiana's Radioactive Materials
Control Program has adopted procedures for the conduct of inspections,
reporting of inspection findings, and reporting inspection results to
the licensees. Additionally, the State of Indiana 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 Indiana
is bound by requirements specified in its State law for rulemaking,
issuing licenses, and taking enforcement actions. The State of Indiana
has also adopted administrative procedures to assure fair and impartial
treatment of license applicants. The State of Indiana 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 Indiana 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 that are for
materials covered by the proposed Agreement and were issued to
facilities in the State of Indiana will be recognized as IDHS licenses.
The State of Indiana 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 done in a manner to minimize the effects of the transition
on the licensee. The NRC and the State of Indiana will collaborate to
ensure a seamless and successful transition of NRC licenses under
timely renewal.
The State of Indiana regulations in Indiana Administrative Code,
Title 290, Article 3, Standards for Protection Against Radiation,
provide exemptions from the State's requirements for the NRC and the
U.S. Department of Energy contractors or subcontractors. The proposed
Agreement commits the State of Indiana 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 proposed Agreement specifies the
desirability of reciprocal recognition of licenses and commits the
Commission and the State of Indiana to use their best efforts to accord
such reciprocity. Consistent with NRC requirements, the State of
Indiana would be able to recognize the licenses of other jurisdictions
by general license, as appropriate.
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
[[Page 30336]]
the materials covered by the proposed Agreement.
The NRC staff has reviewed the proposed Agreement, the
certification of Indiana Governor Braun, and the supporting information
provided by the RMCP of the IDHS. Based upon this review, the NRC staff
concludes that the State of Indiana Radioactive Material Control
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 Indiana 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.
V. Executive Order Reviews
Executive Order (E.O.) 12866
The Office of Information and Regulatory Affairs has determined
that this proposed agreement is not a significant regulatory action
under E.O. 12866.
E.O. 13132
This action does not have federalism implications, as defined in
E.O. 13132. It will not significantly limit the rights, roles, and
responsibilities of State or local governments.
E.O. 14300
On May 23, 2025, President Donald J. Trump signed E.O. 14300,
``Ordering the Reform of the Nuclear Regulatory Commission.'' Section
5, ``Reforming and Modernizing the NRC's Regulations,'' requires the
NRC to undertake a review and wholesale revision of its regulations and
guidance documents as guided by the policies set forth in section 2 of
the E.O. The NRC is currently in the process of implementing the
direction in E.O. 14300. When the NRC finalizes its rules during the
implementation of E.O. 14300, the Agreement States will need to update
their own regulations, as necessary, to maintain compatibility with the
NRC's program within a specific timeframe.
VI. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
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Document description Adams accession no.
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Final Indiana Application ML26068A234.
Section 4.1 Legal Elements
(Revised), dated January 2026.
Final Indiana Application ML26068A235.
Section 4.2 Regulatory
Requirements Program Elements
(Revised), dated January 2026.
Final Indiana Application ML26068A236.
Section 4.3 Licensing Program
Elements (Revised), dated
January 2026.
Final Indiana Application ML26068A237.
Section 4.4 Inspection Program
Elements (Revised), dated
January 21, 2026.
Final Indiana Application ML26068A238.
Section 4.5 Enforcement
Program Elements (Revised),
dated January 2026.
Final Indiana Application ML26068A239.
Section 4.6 Technical Staffing
and Training Program Elements
(Revised), dated January 2026.
Final Indiana Application ML26068A240.
Section 4.7 Event and
Allegation Response Program
Elements (Revised), dated
January 2026.
Indiana Application Request for ML26068A127.
Additional Information, dated
February 2026.
Receipt from C. Eckstein ML26026A076.
Acknowledging Indiana
Revisions to Regulations 290
IAC 3-1 through 3-18, dated
January 26, 2026.
Letter from C. Eckstein re: ML26068A068.
Indiana Revisions to
Regulations 290 IAC 3-1
through 3-18, dated February
27, 2026.
Indiana Response to RAI, dated ML26068A126.
March 9, 2026.
Letter from Governor Mike ML26033A182.
Braun, Indiana, to Chair Nieh
requesting agreement be
established between the NRC
and State of Indiana, received
January 29, 2026.
Staff Requirements Memorandum ML26125A146
for SECY-26-0053 ``Proposed (package).
Agreement Between the State of
Indiana and the Commission
Pursuant to Section 274 of the
Atomic Energy Act of 1954, as
Amended,'' dated May 5, 2026.
SECY-26-0053 ``Proposed ML26069A564.
Agreement Between the State of
Indiana and the Commission
Pursuant to Section 274 of the
Atomic Energy Act of 1954, as
Amended,'' dated April 10,
2026.
Draft Staff Assessment of the ML26069A567.
Proposed Indiana Program,
dated April 10, 2026.
State Agreement (SA)-700 ML22138A414.
Processing an Agreement final,
dated June 15, 2022.
SA-700 Handbook for Processing ML22140A396.
an Agreement Procedure final,.
dated June 17, 2022............
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Authority: 42 U.S.C. 2011 et seq.
Dated: May 20, 2026.
For the Nuclear Regulatory Commission.
Dafna Silberfeld,
Acting Director, Division of Materials Safety, Security, State, and
Tribal Programs, Office of Nuclear Material Safety and Safeguards.
Appendix A
An Agreement Between The United States Nuclear Regulatory Commission
and the State Of Indiana 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.
2011 et seq. (hereinafter referred to as ``the Act''), to enter into
an agreement with the Governor of the State of Indiana (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 Indiana is authorized
under IC 10-19-12-11 to enter into this Agreement with the
Commission; and,
Whereas, The Governor of the State of Indiana certified on
January 29, 2026, 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 Indiana 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 Indiana 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 Indiana 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 Indiana acting on behalf of the State as follows:
[[Page 30337]]
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 material as defined in Section 11e.(1) of the Act;
B. Byproduct material as defined in Section 11e.(3) of the Act;
C. Byproduct materials as defined in Section 11e.(4) of the Act;
D. Source materials; and
E. 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 the construction, operation, and
decommissioning of any production or utilization facility or any
uranium enrichment facility;
B. The regulation of byproduct material as defined in Section
11e.(2) of the Act;
C. 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;
D. 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;
E. 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;
F. 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;
G. The regulation of activities not exempt from Commission
regulation as stated in 10 CFR part 150; and
H. The regulation of the land disposal of byproduct, source, or
special nuclear material received from other persons;
Article III
With the exception of those activities identified in Article II,
paragraphs A., C. through E. and G., this Agreement may be amended,
upon application by the State and approval by the Commission, to
include the additional areas specified in Article II, paragraphs B.,
F., and H., 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: (a) protection against hazards of
radiation; and (b) to assure that Commission and State programs for
protection against the hazards of radiation are 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: (a) protection against
the hazards of radiation; and (b) 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 Indiana, 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 and safety of persons either within or outside 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 XXXXXXXX, 2026, and
shall remain in effect unless and until such time as it is
terminated pursuant to Article VIII.
Executed at Indianapolis, Indiana, this [date] day of [month],
2026.
For the United States Nuclear Regulatory Commission.
Ho K. Nieh,
Chairman of the U.S. Nuclear Regulatory Commission.
For the State of Indiana.
Michael Braun,
Governor of Indiana.
[FR Doc. 2026-10323 Filed 5-21-26; 8:45 am]
BILLING CODE 7590-01-P