1184 Federal Register / Vol. 65, No. 5 / Friday, January 7, 2000 / Notices

The Need for the Proposed Action

The proposed amendment is needed

to allow the licensee to implement the

programmatic controls of GL 89–01, to

implement the revised 10 CFR Part 20,

to make editorial changes to the

Radioactive Effluent Release Report in

accordance with 10 CFR 50.36a, and to

allow an annual submittal for the

Radioactive Effluent Release Report.

Environmental Impacts of the Proposed

Action

The NRC has completed its evaluation

of the proposed action and concludes

that there are no adverse environmental

impacts associated with the proposed

action.

The proposed action will not

significantly increase the probability or

consequences of accidents, no changes

are being made in the types of any

effluents that may be released off site,

and there is no significant increase in

occupational or public radiation

exposure; therefore, there are no

significant radiological environmental

impacts associated with the proposed

action.

With regard to potential

nonradiological impacts, the proposed

action does not involve any historic

sites. It does not affect nonradiological

plant effluents and has no other

environmental impact. Therefore, there

are no significant nonradiological

environmental impacts associated with

the proposed action.

Accordingly, the NRC concludes that

there are no significant environmental

impacts associated with the proposed

action.

Alternatives to the Proposed Action

As an alternative to the proposed

action, the staff considered denial of the

proposed action (i.e., the ‘‘no-action’’

alternative). Denial of the application

would result in no change in current

environmental impacts. The

environmental impacts of the proposed

action and the alternative action are

similar.

Alternative Use of Resources

This action does not involve the use

of any resources not previously

considered in the Final Environmental

Statement for the Indian Point Nuclear

Generating Unit No. 3.

Agencies and Persons Consulted

In accordance with its stated policy,

on November 1, 1999, the staff

consulted with the New York State

official, Jack Spath, of the New York

State Energy Research and Development

Authority, regarding the environmental

impact of the proposed action. The State

official had no comments.

Finding of No Significant Impact

On the basis of the environmental

assessment, the NRC concludes that the

proposed action will not have a

significant effect on the quality of the

human environment. Accordingly, the

NRC has determined not to prepare an

environmental impact statement for the

proposed action.

For further details with respect to the

proposed action, see the licensee’s letter

dated February 19, 1998, as

supplemented by letter dated July 28,

1999, which are available for public

inspection at the Commission’s Public

Document Room, The Gelman Building,

2120 L Street, NW., Washington, DC.

Publically available records will be

accessible electronically from the

ADAMS Public Library component on

the NRC Web site, http://www.nrc.gov

(the Electronic Reading Room).

Dated at Rockville, Maryland, this 29th day

of December 1999.

For the Nuclear Regulatory Commission

George F. Wunder,

Project Manager, Section 1, Project

Directorate I, Division of Licensing Project

Management, Office of Nuclear Reactor

Regulation.

[FR Doc. 00–343 Filed 1–6–00; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Memorandum of Understanding

Between the U.S. Nuclear Regulatory

Commission, Office of Nuclear Material

Safety and Safeguards, and the U.S.

Department of Energy, Office of Waste

Management, Concerning the

Management of Sealed Sources

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice.

SUMMARY: This notice is to advise the

public of the issuance of a

Memorandum of Understanding (MOU)

between the Nuclear Regulatory

Commission (NRC) and the Department

of Energy (DOE). The purpose of the

MOU is to address the problem of

unwanted and uncontrolled radioactive

materials, often referred to as ‘‘orphan

sources’’. The MOU defines the agreedupon roles and responsibilities of the

NRC and DOE in situations involving

orphan sources where the NRC is

responsible for leading the Federal

response, where immediate health and

safety hazards have been addressed, and

where assistance with the transfer of the

radioactive material is determined to be

necessary for continued protection of

public health and safety and the

environment.

EFFECTIVE DATE: June 18, 1999.

ADDRESSES: Copies of all NRC

documents are available for public

inspection, and copying for a fee, in the

NRC Public Document Room, 2120 L

Street, NW (Lower Level), Washington,

DC. The NRC Public Document Room is

open from 7:45 a.m. to 4:15 p.m.,

Monday through Friday (except Federal

holidays). Telephone service is

provided from 8:30 a.m. to 4:15 p.m. at

202–634–3273 or toll-free at 1–800–

397–4209.

FOR FURTHER INFORMATION CONTACT:

Douglas A. Broaddus, NMSS, Mail Stop

T8–F5, U.S. Nuclear Regulatory

Commission, Washington, DC 20005–

0001. Telephone: (301) 415–5847; Fax:

(301) 415–5369; e-mail: dab@nrc.gov.

Dated at Rockville, Maryland, this 23rd day

of December 1999.

For the Nuclear Regulatory Commission.

Donald A. Cool,

Director, Division of Industrial and Medical

Nuclear Safety, Office of Nuclear Material

Safety and Safeguards.

Memorandum of Understanding

Between the U.S. Nuclear Regulatory

Commission, Office of Nuclear Material

Safety and Safeguards and the U.S.

Department of Energy, Office of Waste

Management, Concerning Management

of Sealed Sources

I. Introduction

The Federal Radiological Emergency

Response Plan (FRERP) provides

guidance for the response of Federal

agencies in peacetime radiological

emergencies that have actual, potential,

or perceived radiological consequences

within the United States, its Territories,

possessions, or territorial waters.

Although the FRERP encompasses a

broad range of radiological emergencies,

it does not provide specific actions that

each agency must take when a

radiological emergency is identified.

This Memorandum of Understanding

(MOU) defines the roles and

responsibilities between the U.S.

Nuclear Regulatory Commission (NRC)

and the Department of Energy (DOE) in

situations where the NRC is responsible

for the Federal response to a

radiological emergency, but that does

not require an immediate response (i.e.,

activation of the NRC Incident Response

Plan as described in NRC Management

Directive 8.2), and where the transfer of

licensed source, special nuclear, or

byproduct radioactive material—as

defined under the Atomic Energy Act of

Federal Register / Vol. 65, No. 5 / Friday, January 7, 2000 / Notices 1185

1954, as amended (the Act)—primarily

in the form of sealed sources and

devices as described in section IV. B., to

the DOE is determined to be necessary

to protect the public health and safety

and the environment.

II. Background

This MOU formally defines the

activities carried out since 1992 under

agreements reached via exchange of

correspondence between NRC and DOE.

The need for this agreement arose due

to the fact that licensed radioactive

material which exceeds the Class C

limits defined in § 61.55, Title 10 Code

of Federal Regulations (CFR) is not

acceptable for disposal at commercial

disposal sites. The Low-Level

Radioactive Waste Policy Amendments

Act of 1985 (Pub. L. 99–240) made DOE

responsible for the ultimate disposition

of this material. Until such time as the

DOE has in place a disposal or routine

acceptance and storage capability for the

various types of this material, this

agreement is necessary to allow transfer

of material which exceeds Class C limits

from NRC and Agreement State

licensees to the DOE in limited

situations which pose an actual or

potential threat to the public health and

safety.

Under limited situations, described in

more detail in Section IV. A. of this

agreement, DOE will consider accepting

material at the request of NRC which

does not exceed Class C limits, but only

under situations where there is an

actual or potential threat to the public

health and safety that cannot be

mitigated by other reasonable means.

III. Purpose

This MOU applies to the recovery and

disposition of byproduct, source, and

special nuclear material in the

possession of licensees and in the

public domain by the DOE at the request

of NRC. Although this MOU is intended

to apply to these materials in the form

of sealed sources, it is envisioned that

under rare circumstances this MOU will

apply to the recovery and disposition of

radioactive materials in other forms, as

described in section IV. B. In addition,

this agreement applies only to material

in the private sector, licensed by NRC or

an Agreement State, which represents

an actual or potential threat to the

public health and safety.

The determination of an actual or

potential threat to the public health and

safety will be made by the NRC as

described in this MOU, in consultation

with and participation by DOE, and may

be based on such factors as condition of

the material, environmental conditions

that may affect the containment of the

material, or loss of adequate controls by

the licensee because of financial,

technical, or other reasons. This MOU

represents the process by which NRC

may request assistance of DOE to

mitigate or eliminate an actual or

potential threat to the public health and

safety from sealed sources and devices,

after all other reasonable alternatives

have been unsuccessfully explored.

This MOU does not apply to

situations where the DOE has in-place

the required capabilities for routine

acceptance, storage, and/or disposal of

material which exceeds the limits of

§ 61.55, 10 CFR as specified in Pub. L.

99–240. Any agreements required under

those situations will be entered into

separately or as a specific modification

of this MOU. In addition, this MOU

does not apply to situations which

require activation of the NRC Incident

Response Plan, nor does it apply to

safeguards or reactor incidents.

IV. Scope

A. Types of Radioactive Materials

This agreement is limited to only

those radioactive materials which are

defined under the Atomic Energy Act of

1954, as amended, as source, special

nuclear, or byproduct materials. This

agreement does not have the authority

to require the NRC or DOE to respond

to non-emergency situations, pursuant

to this MOU, involving radioactive

materials or to respond to emergency

situations which do not involve

materials regulated by the NRC.

This agreement is primarily intended

to provide, under emergency situations

as described in this MOU, for the proper

recovery and disposition by the DOE of

radioactive materials that are regulated

by NRC that exceed Class C waste limits

defined in § 61.55, 10 CFR. Radioactive

materials which do not exceed Class C

limits are also covered by this

agreement in circumstances that

represent an actual or potential threat to

the public health and safety and for

which there are no other reasonable

alternatives to mitigate the threat. NRC

and DOE will consider situations

involving radioactive material which

does not exceed Class C limits on a caseby-case basis as described in section IV.

E., or other agreed upon procedures.

Routine acceptance of material that

does not exceed Class C limits is not a

part of this MOU and would fall under

the authority of the States in accordance

with the intent of Pub. L. 99–240. No

activities contained in this MOU are

intended to undermine the authorities

and responsibilities of the States as

defined in Pub. L. 99–240. Further,

situations which would be considered

an emergency solely due to the lack of

access to a compact or regional disposal

site are not part of this MOU. These

situations are covered in the emergency

access provisions of Pub. L. 99–240 and

must be addressed in accordance with

10 CFR Part 62. The purpose of 10 CFR

Part 62 is to mitigate any serious or

immediate threat to the public health

and safety due to denial of access to a

low-level waste disposal facility.

B. Form of Radioactive Material

This agreement primarily addresses

the radioactive materials defined in

section IV. A. in the form of sealed

sources or in devices containing sealed

sources. In general, the material must

also be a form that is readily

transportable, does not require

significant special handling or unique

handling equipment or capabilities, and

is confined to a single location. Material

forms which are determined to be

outside these conditions will be

handled on a case-by-case basis in

accordance with section IV. E., or other

agreed upon procedures.

C. Quantity of Radioactive Material

It is envisioned that most cases

covered under this MOU will involve

only a small number of sealed sources

or devices, usually less than ten, and

only relatively small licensees.

Quantities of radioactive material

contained in individual sealed sources

or devices should not exceed the

maximum authorized on the sealed

source or device vendor’s license.

Situations involving significantly

greater numbers of sealed sources or

devices or large scale licensees will be

considered on a case-by-case basis by

the NRC and DOE in accordance with

section IV. E., or other agreed upon

procedures. Radioactive materials shall

not be combined or altered for the sole

purpose of meeting the conditions of

this MOU.

D. Nature of the Threat to the Public and

Response Required

This agreement does not apply to

emergency situations requiring an

immediate response, to situations for

which immediate health and safety

concerns have not been mitigated or to

situations for which the NRC would not

be designated as the Lead Federal

Agency (LFA) for the federal response to

a radiological emergency. This MOU

addresses situations which the NRC

determines, in consultation with DOE,

represent an actual or potential threat to

the public health and safety. The level

of response required under this MOU

will be based on an assessment of the

potential health and safety

1186 Federal Register / Vol. 65, No. 5 / Friday, January 7, 2000 / Notices

consequences of the situation (e.g.,

amount of material involved, potential

for radiation exposure or releases of

radioactive material, and potential

impact on the environment).

The authorities and responsibilities of

certain Federal agencies (including NRC

and DOE) for responding to radiological

emergencies are specified in the FRERP.

Activities under this MOU must be

consistent with the FRERP for responses

to radiological emergencies and must

not interfere with or take precedence

over FRERP activities. In addition,

actions necessary to mitigate an

emergency requiring an immediate

response, or to mitigate an immediate

health and safety threat (radiological or

otherwise)—including temporary

control over radioactive material—must

be taken prior to any DOE recovery or

disposition activities.

Assistance by DOE to recover and

manage the material may only be

requested by NRC after all other

reasonable alternatives to alleviate the

situation are addressed. In addition,

NRC shall identify the response

requested of DOE. DOE shall determine

the appropriate response to ensure the

present or potential threat is mitigated

or eliminated in such situations where

existing controls may not be adequate to

ensure long-term assurance of the public

health and safety.

E. Exceptions to the Primary Intent of

This MOU

The purpose of section IV, Scope, is

to define the bounds of this agreement

in specific terms. Paragraphs A–C of this

section indicate that exceptions to the

conditions of this agreement may be

necessary. The reason for these

exceptions is that it is recognized that

situations involving actual or potential

health and safety threats requiring DOE

assistance will not be limited to only

small quantities of sealed sources which

exceed the Class C limits as defined in

10 CFR Part 61.55.

In situations where the materials

involved do not meet the specific

conditions described in paragraphs A–C

above, but DOE assistance is determined

by NRC to be necessary, then the NRC

shall document the reason why it is

appropriate to respond to the particular

situation under the terms of this MOU,

document why DOE assistance is

necessary for the particular situation,

and provide this information to DOE.

The DOE shall review this information

and document the response it intends to

take based upon the information

provided, and provide this information

to the NRC. So as to not delay a

response to a request for assistance, this

exchange of information may take place

electronically, so long as hardcopy

follow-up is provided.

F. Other Limitations

This agreement, and subsequent DOE

recovery and disposition actions, are

generally limited to packaging,

transport, and/or receipt of radioactive

materials, and the associated

requirements to conduct those activities.

This agreement is not intended to

require or imply that DOE will provide

decontamination or clean-up activities,

except as a direct result of a DOE

recovery operation, nor will DOE be

expected to perform recovery or

disposition actions for materials other

than those specifically identified in this

document.

This MOU does not apply to requests

for radiological assistance from DOE

Radiological Assistance Program teams.

V. Authority and Regulatory Programs

A. NRC

NRC is responsible for licensing and

regulating nuclear facilities and material

and for conducting research in support

of the licensing and regulatory process,

as mandated by the Atomic Energy Act

of 1954, as amended; the Energy

Reorganization Act of 1974, as

amended; in accordance with the

National Environmental Policy Act of

1969, as amended; and other applicable

statutes. NRC responsibilities include

protecting public health and safety,

protecting the environment, and

safeguarding nuclear materials in the

interest of national security.

The Office of Nuclear Material Safety

and Safeguards (NMSS) was established

under Section 204 of the Energy

Reorganization Act of 1974, as

amended, and is charged with the

responsibility of protecting the public

health and safety through regulatory

control of the safe use of byproduct,

source, or special nuclear material, for

medical, industrial, academic, and

commercial uses. To accomplish this

goal, NMSS uses licensing, inspection,

enforcement, development and

implementation of regulations, guidance

and policy, safety reviews for products

that use the material (including sealed

sources and devices), and other means

available according to 10 CFR.

B. Agreement States

Section 274 of the Atomic Energy Act

of 1954, as amended, provides the NRC

the authority to discontinue its

regulatory authority over certain

radioactive materials (including sealed

sources and devises) within a State that

has agreed to establish and maintain a

regulatory program for the materials that

is adequate to protect the public health

and safety, and is compatible with

NRC’s program. States that have been

found to meet these criteria and have

entered into such agreements with NRC

are called Agreement States. These

Agreement States have independent

authority to regulate the radioactive

materials specified in the agreement

within their boundaries, and are

charged with protecting the public

health and safety through the licensing,

regulation, and enforcement of activities

associated with the materials.

Under Pub. L. 99–240, each State is

responsible for providing for the

disposal of radioactive material which

does not exceed a waste Classification of

C that is generated within its

boundaries. In addition, State and local

governments have primary

responsibility for determining and

implementing appropriate measures to

protect life, property, and the

environment from radiological and

other hazards.

C. DOE

DOE is responsible for conducting

research and development, and other

activities, to support the use of

byproduct, source, and special nuclear

materials for medical, biological, health,

and other uses as mandated by the

Atomic Energy Act of 1954, as amended;

the Energy Reorganization Act of 1974,

as amended; the Department of Energy

Organization Act, as amended; and

other applicable statutes.

DOE is responsible for the disposal of

radioactive material which exceeds a

waste Classification of C as defined in

§ 61.55, 10 CFR as mandated by Pub. L.

99–240. DOE is required to assure the

public health and safety as mandated by

Section 102(13) of the Department of

Energy Organization Act, as amended,

and is responsible jointly with NRC for

the development of contingency plans

to recall or recapture radioactive

materials under Section 204(b)(2)(B) of

the Energy Reorganization Act of 1974,

as amended. In addition, DOE is granted

the authority to take, requisition,

condemn, or otherwise acquire any

special nuclear, source, or byproduct

material as authorized by Sections 55,

66, and 81, respectively, of the Atomic

Energy Act of 1954, as amended.

VI. Agency Responsibilities and

Agreements

NRC and DOE staffs will closely

coordinate actions in both the planning

and execution phases to: (1) ensure a

timely response where DOE assistance

is necessary; (2) provide adequate

protection of the health and safety of the

public and occupational workers

Federal Register / Vol. 65, No. 5 / Friday, January 7, 2000 / Notices 1187

involved in responding to requests for

assistance; and (3) ensure cost effective

operations. Each agency will develop, in

consultation with the other, appropriate

procedures as necessary to implement

this agreement. Each agency will

designate the organization and key

personnel responsible for the day-to-day

coordination and management of

activities covered by this MOU.

A. NRC Responsibilities

1. Upon discovery of a potential

radioactive material incident concerning

NRC or Agreement State licensed

material in an uncontrolled condition

that does not require activation of the

NRC Incident Response Plan, the NRC

regional and headquarters offices will

follow the procedures contained in NRC

Manual Chapter (MC) 1301, ‘‘Response

to Radioactive Material Incidents that

do not Require Activation of the NRC

Incident Response Plan,’’ or Policy and

Guidance Directive (P&GD) 9–12,

‘‘Reviewing Efforts to Dispose of

Licensed Material and Requesting DOE

Assistance,’’ as applicable.

a. Manual Chapter 1301 is applicable

to this MOU in situations where

licensed material is in an uncontrolled

condition in an unrestricted area and a

responsible party cannot be readily

identified. Incidents applicable to MC

1301 may include locations which are

unlicensed, as well as licensed locations

where the licensee is not authorized to

possess the radioactive material. When

requesting assistance of DOE is

considered for these type incidents, MC

1301 will be consulted for the

procedures and guidance to follow for

determining whether DOE assistance is

appropriate and necessary. Once DOE

assistance is determined to be

appropriate and necessary, MC 1303,

‘‘Requesting Emergency Acceptance of

Radioactive Material by DOE,’’ will be

consulted for the procedures for making

the request.

b. P&GD 9–12 is applicable to this

MOU in situations where an NRC or

Agreement State licensee is unable to

safely maintain control over its licensed

material, or there is a high potential for

the licensee to lose control of its

licensed material. NRC and Agreement

State license reviewers will use this

document to determine if DOE

assistance with the material is

appropriate and necessary, and for

making the request. This document

contains, in part, guidance for

determining the need for DOE assistance

based on an evaluation of:

(1) whether viable options are

available for recovery and disposition of

the radioactive material, (2) the

licensee’s ability to adequately maintain

control over the material and available

options for achieving this, and (3)

whether the material is causing or has

a high potential to cause a significant

health and safety risk to members of the

public.

2. Upon determining that DOE

assistance is likely, NRC staff shall

consult with DOE staff to: (1) provide

appropriate information available on the

incident (e.g., information listed in

Enclosure 1 to P&GD 9–12 or MC 1303);

(2) determine if any additional

information is needed; and (3) identify

any special conditions or requirements

concerning the incident.

3. Upon determining that DOE

assistance is appropriate and necessary,

NRC staff shall formally request DOE

assistance in accordance with MC 1303

or P&GD 9–12, as applicable. These

documents specify the procedure for

making an official request for DOE

assistance, information that is to be

provided to DOE (e.g., sealed source

identification and condition

information, licensee name, point of

contact, applicable historical

information, etc.), the DOE addressee for

the request, and follow-up actions after

the request is made. Prior to issuance of

the formal request, NRC will notify the

applicable DOE staff (via phone or

electronic media) that the request is

being made.

4. Prior and subsequent to requesting

DOE assistance, NRC will determine the

extent of assistance that other parties

involved are responsible for, or are able

to, provide for the recovery of the

material to minimize the cost to the

government. Examples include

providing for the packaging and/or

transport of the material.

5. Agreement States seeking DOE

assistance applicable to this MOU shall

make all requests through NRC,

following the guidance in MC 1301, MC

1303, or P&GD 9–12. NRC staff will

evaluate the Agreement State’s request

and determine if all applicable

information has been provided and if

requesting DOE assistance is

appropriate and necessary. NRC will not

forward the request to DOE until the

request contains complete information

and provides sufficient justification for

requesting DOE assistance, and will

work with the Agreement State to obtain

this information. NRC will make all

requests for DOE assistance under this

MOU on behalf of the Agreement States

and shall serve as the single point-ofcontact for evaluating the requests in

accordance with this MOU.

6. NRC shall arrange for transfer of

title of the recovered materials to DOE

or to other parties who will take

possession of the material, as designated

by DOE.

7. Within its regulatory authority,

NRC will ensure, and expedite where

appropriate, license and/or certification

reviews and amendments are performed

as necessary to support safe and timely

recovery of the materials and to

minimize costs to the government

incurred in recovery and shipment

operations.

8. NRC shall coordinate the efforts of

non-DOE involved parties in recovery

operations, and participate, as

appropriate and necessary, to ensure

adequate protection of public/worker

health and safety, and to ensure

regulatory compliance, as applicable.

B. DOE Responsibilities

1. DOE staff will participate and

consult with NRC in the determination

process for requesting DOE assistance.

2. Upon receipt of a formal request for

assistance, DOE will review the request

against the requirements of this

agreement, Departmental policies in

effect at the time of the request, changes

in legislative authority which may affect

actions requested, and expected cost

versus available funds to carry out the

requested action. DOE will review each

request to ensure all reasonable options

for disposition have been exhausted

prior to providing assistance. Upon

completion of this review, DOE will

notify NRC of the action it will take.

3. Upon acceptance of a request for

assistance, DOE shall identify, package,

transfer, receive, and/or store the

radioactive material at a DOE or other

appropriate facility; or contract with

appropriately licensed firms for these

services.

4. DOE will coordinate, through NRC,

with the licensee and/or local

authorities and other agencies, as

appropriate, regarding the details of the

recovery operations and provide

information on progress and status.

5. DOE will take title of the

radioactive material either at the

material pickup location or at the

designated receiving site, as determined

on a case-by-case basis, or ensure title

is transferred to appropriate parties

contracted for services.

6. DOE may review procedures that

NRC uses to determine: (1) that material

is an imminent threat to the public

health and safety; (2) that all available

options for disposition of the material

have been exhausted; and (3) that a

request for DOE assistance with

radioactive material is appropriate and

in accordance with this MOU.

7. DOE will plan and budget, as

appropriate, for its costs to provide for

1188 Federal Register / Vol. 65, No. 5 / Friday, January 7, 2000 / Notices

reasonably expected requests under this

agreement.

8. DOE shall utilize its field elements,

contractors, laboratories, and facilities,

and private industry, as required, in

recovery and disposition operations, for

the safe, timely, and efficient conduct of

these operations. The use of these

facilities is limited to those sites with

appropriate capabilities and compliance

with applicable regulations, as well as

necessary funding. If such a site or

necessary funds are not available, DOE

will consult with NRC and/or other

Federal and State agencies to determine

if managing the material may be

accomplished by other means.

C. Coordination Officers

Each agency shall designate an

individual(s) who will serve as the

respective coordination officer(s), or

point(s) of contact (POC). The POCs will

coordinate and facilitate actions

required by their respective agencies.

Additionally, they will establish and

maintain a call list (names, phone, and

fax numbers) of responsible persons for

day-to-day contact on any matter related

to this MOU, and shall provide this call

list to each other, as requested and

appropriate.

VII. Elements of Coordination

A. Information Exchange

Both agencies agree to exchange

information with respect to relevant

programs and lessons learned. The

purpose of the exchanges is to provide

expert technical assistance to both

agencies and to assist either agency by

reducing or eliminating duplication of

effort. The sharing of information

between DOE and NRC (and Agreement

States as appropriate) will be exercised

to the extent authorized by law (i.e. NRC

and DOE directives, statutes, and

regulations), and will be consistent with

each agencies’ missions.

Both agencies recognize the need to

protect from public disclosure, data and

information that are exchanged between

them, which fall within the definition of

trade secrets, and confidential

commercial or financial information.

Both agencies agree to exchange

proprietary information in accordance

with applicable regulations and their

regulatory authority. If a request calls

for a disclosure determination regarding

proprietary information obtained from

either agency, such as a Freedom of

Information Act request or response to

a Congressional inquiry—or either

agency must comply with various

regulatory or public information

responsibilities—the agency responsible

for the information will be promptly

notified, by the other agency, of the

need for disclosure of the information.

The responsible agency will make any

needed contact with the submitter of the

protected information and will accept

the responsibility for evaluating the

submitter’s comments, before rendering

the disclosure determination.

B. Sharing Other Information

DOE and NRC will also offer each

other the opportunity to comment on

regulations, regulatory guides, or other

communications that refer to activities,

policies, or regulations of the other

agency, that are relevant to this

agreement. If practicable, the documents

will be provided for comment prior to

issuance.

Either agency may request additional

information, when such is deemed

necessary to complete its mission.

VIII. Meetings

A. Annual Inter-Agency Meeting

The following are the offices and

officers responsible for this agreement:

1. For the U.S. Nuclear Regulatory

Commission: Director, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission, Mail

Stop T8–A23, Washington, D.C. 20555;

Telephone: (301) 415–7800.

2. For the U.S. Department of Energy:

Deputy Assistant Secretary for Waste

Management, Environmental

Management, U.S. Department of

Energy, Mail Stop 5B–040/FORS,

Washington, D.C. 20585; Telephone:

(202) 586–0307.

The DOE and NRC responsible

officers, or their designated

representatives, shall meet at least

annually to evaluate the activities

related to this MOU and make

recommendations to agency heads on its

effectiveness. DOE and NRC will host

the meeting on alternating years.

B. Coordination Officers

Coordination officers, POCs, or their

designated representatives, shall meet,

on a semiannual basis, to discuss

technical issues related to this MOU,

review the status of actions underway or

planned, discuss any problems or

issues, and recommend necessary

changes. DOE and NRC shall host the

meeting on alternate dates.

IX. Other Laws and Matters

Nothing in this MOU shall be deemed

to restrict, modify, or otherwise limit

the application or enforcement of any

laws of the United States with respect

to matters specified herein, nor shall

anything in the MOU be construed as

modifying, restricting, or directing the

existing authority of either agency.

Nothing in this MOU shall be deemed

to establish any right nor provide a basis

for any action, either legal or equitable,

by any person or class or persons

challenging a government action or a

failure to act.

This MOU shall not be used to

obligate or commit funds or as the basis

for the transfer of funds.

X. Effective Date, Modification, and

Termination of MOU

This MOU may be further

implemented by supplementary

agreements in which authorized

representatives of DOE and NRC may

further amplify or otherwise modify the

policy or provisions in the

memorandum or any of its supplements,

provided that any material

modifications of the provisions or any of

its supplements shall be subject to the

approval of the authorized signatories of

this memorandum or their designated

representatives.

This MOU will take effect when it has been

signed and dated by the authorized

representatives of DOE and NRC. It may be

modified by mutual written consent, or

terminated by either agency upon 60 days

advance written notice. The agencies agree to

reevaluate this MOU at lease every five years,

at which time either agency has the option

of renewing, modifying, or terminating this

MOU.

Approved and accepted for the U.S.

Nuclear Regulatory Commission.

Carl J. Paperiello,

Director, Office of Nuclear Material Safety

and Safeguards.

Dated: June 18, 1999.

Approved and accepted for the U.S.

Department of Energy.

Mark W. Frei,

Acting Deputy Assistant Secretary for Waste

Management, Environmental Management.

Dated: December 18, 1998.

[FR Doc. 00–344 Filed 1–6–00; 8:45 am]

BILLING CODE 7590–01–P

RAILROAD RETIREMENT BOARD

Proposed Collection; Comment

Request

SUMMARY: In accordance with the

requirement of Section 3506(c)(2)(A) of

the Paperwork Reduction Act of 1995

which provides opportunity for public

comment on new or revised data

collections, the Railroad Retirement

Board (RRB) will publish periodic

summaries of proposed data collections.

Comments are invited on: (a) Whether

the proposed information collection is

necessary for the proper performance of

the functions of the agency, including

whether the information has practical