U. S. ATOMIC ENERGY COMMISSION

Published in 27 Federal Register 107, June 2, 1962

NOTICE OF AGREEMENT WITH THE STATE OF MISSISSIPPI 

Notice is hereby given that Commissioner John S. Graham, on behalf of the Atomic 

Energy Commission, and the Honorable Ross Barnett, Governor of the State of 

Mississippi, have signed the attached Agreement 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 Washington. D.C., this 28th day of May 1962. 

For the Atomic Energy Commission, 

Woodford B. McCool, Secretary. 

Agreement Between The Atomic Energy Commission And The State of Mississippi 

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 

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WHEREAS, The Governor of the State of Mississippi is authorized to enter 

into this Agreement with the Commission; and 

WHEREAS, The Governor of the State of Mississippi certified on January 

29, 1962, that the State of Mississippi (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 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 recognize 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 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 

Governor of the State, acting in behalf of the State, as follows: 

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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 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; 

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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 State will use its best efforts to maintain continuing compatibility 

between its program and the program of the Commission for the regulation of like 

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materials. To this end the State 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 State 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 be 

State thereon. 

ARTICLE VII 

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 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 State, or upon request of the Governor of the State, 

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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 July 1, 1962, and shall remain in 

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

Done at Jackson, State of Mississippi, in triplicate, this 18th day of May, 

1962. 

For the United States Atomic Energy Commission 

John S. Graham, Commissioner, 

For the State of Mississippi.

Ross R Barnett, Governor.

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