AGREEMENT

BETWEEN THE

UNITED STATES ATOMIC ENERGY COMMISSION

AND THE

COMMONWEALTH OF KENTUCKY

FOR DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY

AUTHORITY AND

RESPONSIBILITY WITHIN THE COMMONWEALTH

WHEREAS, The United States Atomic Energy Commission (hereinafter

referred to as the Commission) is authorized under Section 274 of the Atomic 

Energy Act of 1954, as amended, (hereinafter referred to as the Act) to enter into 

agreements with the Governor of any 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, source materials, 

and special nuclear materials in quantities not sufficient to form a critical mass; and 

WHEREAS, The Governor of the Commonwealth of Kentucky is authorized 

under section 152.115 of the Kentucky Revised Statutes to enter into this 

Agreement with the Commission; and 

WHEREAS, The Governor of the Commonwealth of Kentucky certified on 

January 31, 1962, that the Commonwealth of Kentucky (hereinafter referred to as 

the Commonwealth) has a program for the control of radiation hazards adequate to 

protect the 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 1, 1962, that the program 

of the Commonwealth for the regulation of the materials covered by this Agreement 

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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 Commonwealth recognizes the desirability and importance 

of maintaining continuing compatibility between its program and the program of the 

Commission for the control of radiation hazards in the interest of public health and 

safety; and 

WHEREAS, The Commission and the Commonwealth recognize the 

desirability of reciprocal recognition of licenses and exemption from licensing of 

those materials subject to this Agreement; and 

WHEREAS, This Agreement is entered into and subject to the provisions of 

the Atomic Energy Act of 1954, as amended and the applicable regulations of the 

Atomic Energy Commission which may be issued from time to time pursuant 

thereto; 

NOW, THEREFORE, It is hereby agreed between the Commission and 

Governor of the Commonwealth, acting in behalf of the Commonwealth, as 

follows: 

ARTICLE I 

Subject to the exceptions provided in Articles II, III, and IV, 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: 

A. Byproduct materials; 

B. Source materials; and 

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C. Special nuclear materials in quantities not 

sufficient to form a critical mass.

ARTICLE II 

This Agreement does not provide for discontinuance of any authority and the 

Commission shall retain authority and responsibility with respect to regulation of: 

A. The construction and operation of any production or utilization 

facility; 

B. The export from or import into the United States of byproduct, 

source, or special nuclear material, of any production or utilization facility; 

C. The disposal into the ocean or sea of byproduct, source, or special 

nuclear waste materials as defined in regulations or orders of the Commission; 

D. The disposal of such other byproduct, source, or special nuclear 

material as the Commission from time to time determines by regulation or order 

should, because of the hazards or potential hazards thereof, not be so disposed of 

without a license from the Commission. 

ARTICLE III 

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. 

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ARTICLE IV 

This Agreement shall not affect the authority of the Commission under 

subsection 161 b. or i. 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 V 

The Commonwealth will use its best efforts to maintain continuing 

compatibility between its program and the program of the Commission for the 

regulation of like materials. To this end the Commonwealth will use its best efforts 

to keep the Commission informed of proposed changes in its rules and regulations, 

and licensing, inspection, and enforcement policies and criteria, and of proposed 

requirements for the design and distribution of products containing source, 

byproduct, or special nuclear material, and to obtain the comments and assistance 

of the Commission thereon. 

ARTICLE VI 

The Commission will use its best efforts to keep the Commonwealth 

informed of proposed changes in its rules and regulations and licensing, inspection 

and enforcement policies and criteria, and to obtain the comments and assistance 

of the Commonwealth thereon. 

ARTICLE VII 

The Commission and the Commonwealth agree that it is desirable to provide 

for reciprocal recognition of licenses for the materials listed in Article I licensed by 

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the other party or by any agreement state. Accordingly, the Commission and the 

Commonwealth agree to use their best effort to develop appropriate rules, 

regulations, and procedures by which such reciprocity will be accorded. 

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 this Agreement and reassert the 

licensing and regulatory authority vested in it under the Act if the Commission finds 

that such termination or suspension is required to protect the public health and 

safety. 

ARTICLE IX 

This Agreement shall become effective on March 26, 1962, and shall remain 

in effect unless, and until such time as it is terminated pursuant to Article VIII. 

Done at Washington, District of Columbia, in duplicate, this eighth day of 

February, 1962. 

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION 

Glenn T. Seaborg, Commissioner 

FOR THE COMMONWEALTH OF KENTUCKY

Bert Combs, Governor

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