AGREEMENT

BETWEEN THE

UNITED STATES ATOMIC ENERGY COMMISSION

AND THE

STATE OF NEW YORK

FOR

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 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 State of New York is authorized under 

Section 462 of the New York State Atomic Energy Law to enter into this 

Agreement with the Commission; and 

WHEREAS, The Governor of the State of New York certified on July 20, 

1962, that the State of New York (hereinafter referred to as 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 

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WHEREAS, information as to the Radiation Control Program within the 

State of New York was submitted to the Commission on July 20, 1962, August 20, 

1962 and October 8, 1962; and 

WHEREAS, The Commission found on October 12, 1962, that the program 

of the State 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 and the Commission recognizes 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 recognize the desirability of 

reciprocal recognition of licenses and exemption from licensing of those materials 

subject to this Agreement; and 

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

Governor of the State, acting in behalf of the State, 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 State 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 Commission will use its best efforts to 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 State and Commission programs for protection against hazards of 

radiation will be coordinated and compatible. The State will use its best efforts to 

cooperate with the Commission and other agreement States in the formulation of 

standards and regulatory program of the State and the Commission for protection 

against 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 like 

materials. The State and the Commission will use their best efforts to keep each 

other informed of proposed changes in their respective rules and regulations and 

licensing, inspection and enforcement policies and criteria, and to obtain the 

comments and assistance of the other party thereon. 

ARTICLE VI 

The Commission and the State agree that it is desirable to provide for 

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

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

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State agree to use their best effort to develop appropriate rules, regulations, and 

procedures by which such reciprocity will be accorded. 

ARTICLE VII 

The Commission and the State recognize that the limits on their respective rights, 

powers and responsibilities under the Constitution, with respect to protection 

against radiation hazards arising out of the activities licensed by the Commission 

within the State, are not precisely clear. The Commission and the State agree to 

work together to define, within a reasonable time, the limits of, and to provide 

mechanisms for accommodating, such responsibilities of both parties. Without 

prejudice to the respective rights, powers and responsibilities of Federal and State 

authority, the State undertakes to obtain promptly and to maintain in effect while 

such cooperative endeavors are in progress, a modification of the Health, Sanitary 

and Industrial Codes which are to become effective within the State as of October 

15, 1962, so as to exempt (except for registration; notification; inspection, not 

including operational testing but including sampling which would not 

substantially interfere with or interrupt any Commission licensed activities; and 

routing and scheduling of material in transit) licensees of the Commission from so 

much of such Codes as pertain to protection against radiation hazards arising out 

of activities licensed by the Commission within the State. While such cooperative 

endeavors are in progress, the existence or nonexistence of the exemptions and 

exceptions referred to above shall not prejudice the exercise by the Commission or 

the State, in an emergency situation presenting a peril to the public health and 

safety, of any constitutional rights and powers the Federal Government or the 

State may have now or in the future. If such cooperative endeavors do not result in 

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a definition, within a reasonable time, of the limits of, and provision of 

mechanisms for accommodating, the responsibilities of the Commission and the 

State with respect to protection against radiation hazards arising out of the 

activities licensed by the Commission within the State, then the existence or 

nonexistence of the exemptions and exceptions referred to above shall not 

prejudice the exercise by the Commission or the State of any constitutional rights 

and powers the Federal Government or the State may have now or in the future. 

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 the State, 

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 October 15, 1962, and shall 

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

VII. 

Done at Washington, District of Columbia, in triplicate, this 15th day of 

October, 1962. 

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FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

____________/s/ Glenn T. Seaborg___________________________ 

Glenn T. Seaborg, Chairman 

Done at Albany, State of New York, in triplicate, this 15th day of October, 

1962. 

FOR THE STATE OF NEW YORK 

 /s/ Nelson A. Rockefeller, 

Nelson A. Rockefeller, Governor 

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