AGREEMENT BETWEEN

ATOMIC ENERGY COMMISSION

AND

STATE OF TENNESSEE

DISCONTINUANCE OF CERTAIN COMMISSION REGULATORY AUTHORITY

AND

RESPONSIBILITY WITHIN THE STATE

Notice is hereby given that Commissioner James T. Ramey, on behalf of the Atomic Energy 

Commission, and the Honorable Frank G. Clement, Governor of the State of Tennessee have signed the 

Agreement below for discontinuance of certain Commission regulatory authority. The Agreement is published in 

accordance with the requirements of Public Law 86-373 (section 274 of the Atomic Energy Act of 1954, as 

amended). The exemptions from the licensing requirements of Chapters 6, 7, and 8 of the Atomic Energy Act are 

contained in Part 150 of the Commission’s regulations (10 CFR Part 150), which was published in the February 

14, 1962, issue of the FEDERAL REGISTER (27 F.R. 1351). 

Dated at Germantown, Md., this 18th day of August 1965. 

For the Atomic Energy Commission. 

F. T. HOBBS,

Acting Secretary.

WHEREAS, the U.S. 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 Tennessee is authorized under section 53-3103 of the 

Tennessee Code Annotated to enter into this Agreement with the Commission; and 

WHEREAS, the Governor of the State of Tennessee certified on May 1, 1965, that the State of Tennessee 

(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 

WHEREAS, The Commission found on July 23, 1965, 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 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 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 pursuant to the provisions of the Atomic Energy Act of 1954, 

as amended; 

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

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 the 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, or 

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. 

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

procedures by which such reciprocity will be accorded. 
ARTICLE VII

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 VIII 

This Agreement shall become effective on September 1, 1965, and shall remain in effect unless, and until 

such time as it is terminated pursuant to Article VII. 

Done at Nashville, State of Tennessee, in triplicate, this 12th day of August 1965. 

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION.

JAMES T. RAMEY, Commissioner.

FOR THE STATE OF TESSESSEE.

FRANK G. CLEMENT, Governor.

[F.R. Doc. 65-8899; Filed, Aug. 20, 1965; 8:50 a.m.]