[Federal Register Volume 74, Number 194 (Thursday, October 8, 2009)]
[Notices]
[Pages 51882-51884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24281]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0142]


State of New Jersey: Discontinuance of Certain Commission 
Regulatory Authority Within the State; Notice of Agreement Between the 
Nuclear Regulatory Commission and the State of New Jersey

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Agreement between the U.S. Nuclear Regulatory 
Commission and the State of New Jersey.

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SUMMARY: This notice is announcing that on September 2, 2009, Gregory 
B. Jaczko, Chairman of the U.S. Nuclear Regulatory Commission (NRC or 
Commission), and on September 23, 2009, Governor Jon S. Corzine, of the 
State of New Jersey, signed an Agreement as authorized by Section 274b 
of the Atomic Energy Act of 1954, as amended (the Act). The Agreement 
provides for the Commission to discontinue its regulatory authority and 
for New Jersey to assume regulatory authority over the possession and 
use of byproduct material as defined in

[[Page 51883]]

Sections 11e.(1), 11e.(3), and 11e.(4) of the Act, source material, 
special nuclear materials (in quantities not sufficient to form a 
critical mass), and the regulation of land disposal of byproduct, 
source, or special nuclear material waste received from other persons. 
Under the Agreement, a person in New Jersey possessing these materials 
is exempt from certain Commission regulations. The exemptions have been 
previously published in the Federal Register (FR) and are codified in 
the Commission's regulations as 10 CFR part 150. The Agreement is 
published here as required by Section 274e of the Act.

DATES: The effective date of the Agreement is September 30, 2009.

ADDRESSES: You can access publicly available documents, including 
public comments related to this notice using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Public 
File Area O1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
<a href="/cdn-cgi/l/email-protection#c6b6a2b4e8b4a3b5a9b3b4a5a386a8b4a5e8a1a9b0"><span class="__cf_email__" data-cfemail="532337217d2136203c26213036133d21307d343c25">[email protected]</span></a>. The ADAMS Accession numbers for the request for 
an Agreement by the Governor of New Jersey, including all information 
and documentation submitted in support of the request, and the NRC 
Draft Staff Assessment are: ML090510713, ML090510708, ML090510709, 
ML090510710, ML090510711, ML090510712, ML090770116, and ML091400097.

FOR FURTHER INFORMATION CONTACT: Torre Taylor, Division of Materials 
Safety and State Agreements, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Telephone (301) 415-7900; e-mail: 
<a href="/cdn-cgi/l/email-protection#e3978c919186cd97829a8f8c91a38d9180cd848c95"><span class="__cf_email__" data-cfemail="5e2a312c2c3b702a3f2732312c1e302c3d70393128">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The NRC published the draft Agreement in the 
Federal Register for comment once each week for 4 consecutive weeks on 
May 27, 2009 (74 FR 25283), June 3, 2009 (74 FR 26739), June 10, 2009 
(74 FR 27572), and June 17, 2009 (74 FR 28728), as required by the Act. 
The comment period ended on June 26, 2009. The Commission received six 
comment letters--two supporting the Agreement, two opposed, one that 
supported the rationale of States assuming regulatory authority but not 
the fee differences that will occur, and one general comment that did 
not express support or opposition. The comments did not affect the NRC 
staff's assessment, which finds that the New Jersey Agreement State 
program is adequate to protect public health and safety and compatible 
with the NRC's program. The proposed New Jersey Agreement is consistent 
with Commission policy and thus meets the criteria for an Agreement 
with the Commission.
    After considering the request for an Agreement by the Governor of 
New Jersey, the supporting documentation submitted with the request for 
an Agreement, and its interactions with the staff of the New Jersey 
Department of Environmental Protection, the NRC staff completed an 
assessment of the New Jersey program. The agency made a copy of the 
staff assessment available in the NRC's Public Document Room (PDR) and 
electronically on NRC's Web site. Based on the staff's assessment, the 
Commission determined on September 2, 2009, that the proposed New 
Jersey program for control of radiation hazards is adequate to protect 
public health and safety, and compatible with the Commission's program.

    Dated at Rockville, Maryland, this 2nd day of October 2009.

    For the Nuclear Regulatory Commission.
J. Samuel Walker,
Acting Secretary of the Commission.

An Agreement Between the United States Nuclear Regulatory Commission 
and the State of New Jersey for the 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 Nuclear Regulatory Commission (the 
Commission) is authorized under Section 274 of the Atomic Energy Act 
of 1954, as amended, 42 U.S.C. 2011 et seq. (hereinafter referred to 
as the Act), to enter into Agreements with the Governor of any 
State/Commonwealth providing for discontinuance of the regulatory 
authority of the Commission within the State/Commonwealth under 
Chapters 6, 7, and 8, and Section 161 of the Act with respect to 
byproduct materials as defined in Sections 11e.(1), (2), (3), and 
(4) of the Act, source materials, and special nuclear materials in 
quantities not sufficient to form a critical mass; and,
    Whereas, The Governor of the State of New Jersey is authorized 
under The Radiation Protection Act, N.J.S.A. 26:2D-1, to enter into 
this Agreement with the Commission; and,
    Whereas, The Governor of the State of New Jersey certified on 
October 16, 2008, that the State of New Jersey (the State) has a 
program for the control of radiation hazards adequate to protect 
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 September 2, 2009, 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 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 the reciprocal recognition of licenses, and of the granting of 
limited exemptions from licensing of those materials subject to this 
Agreement; and,
    Whereas, This Agreement is entered into pursuant to the 
provisions of the Act;
    Now, therefore, It is hereby agreed between the Commission and 
the Governor of the State acting on behalf of the State as follows:

Article I

    Subject to the exceptions provided in Articles II, IV, and V, 
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:
    1. Byproduct materials as defined in Section 11e.(1) of the Act;
    2. Byproduct materials as defined in Section 11e.(3) of the Act;
    3. Byproduct materials as defined in Section 11e.(4) of the Act;
    4. Source materials;
    5. Special nuclear materials in quantities not sufficient to 
form a critical mass; and
    6. The regulation of the land disposal of byproduct, source, or 
special nuclear waste materials received from other persons.

Article II

    This Agreement does not provide for discontinuance of any 
authority and the Commission shall retain authority and 
responsibility with respect to:
    1. The regulation of the construction and operation of any 
production or utilization facility or any uranium enrichment 
facility;
    2. The regulation of the export from or import into the United 
States of byproduct, source, or special nuclear material, or of any 
production or utilization facility;
    3. The regulation of the disposal into the ocean or sea of 
byproduct, source, or special nuclear materials waste as defined in 
the regulations or orders of the Commission;

[[Page 51884]]

    4. The regulation of the disposal of such other byproduct, 
source, or special nuclear materials waste as the Commission from 
time to time determines by regulation or order should, because of 
the hazards or potential hazards thereof, not be disposed without a 
license from the Commission;
    5. The evaluation of radiation safety information on sealed 
sources or devices containing byproduct, source, or special nuclear 
materials and the registration of the sealed sources or devices for 
distribution, as provided for in regulations or orders of the 
Commission;
    6. The regulation of byproduct material as defined in Section 
11e.(2) of the Act.

Article III

    With the exception of those activities identified in Article 
II.1 through 4, this Agreement may be amended, upon application by 
the State and approval by the Commission, to include one or more of 
the additional activities specified in Article II, whereby the State 
may then exert regulatory authority and responsibility with respect 
to those activities.

Article IV

    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 V

    This Agreement shall not affect the authority of the Commission 
under Subsection 161b or 161i 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 VI

    The Commission will 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 Commission and State programs for 
protection against hazards of radiation will be coordinated and 
compatible.
    The State agrees 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 materials covered by this Agreement.
    The State and the Commission agree to keep each other informed 
of proposed changes in their respective rules and regulations, and 
to provide each other the opportunity for early and substantive 
contribution to the proposed changes.
    The State and the Commission agree to keep each other informed 
of events, accidents, and licensee performance that may have generic 
implication or otherwise be of regulatory interest.

Article VII

    The Commission and the State agree that it is desirable to 
provide reciprocal recognition of licenses for the materials listed 
in Article I licensed by the other party or by any other Agreement 
State.
    Accordingly, the Commission and the State agree 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, may terminate or suspend all or part of this 
Agreement and reassert the licensing and regulatory authority vested 
in it under the Act if the Commission finds that (1) such 
termination or suspension is required to protect public health and 
safety, or (2) the State has not complied with one or more of the 
requirements of Section 274 of the Act.
    The Commission may also, pursuant to Section 274j of the Act, 
temporarily suspend all or part of this Agreement if, in the 
judgment of the Commission, an emergency situation exists requiring 
immediate action to protect public health and safety and the State 
has failed to take necessary steps. The Commission shall 
periodically review actions taken by the State under this Agreement 
to ensure compliance with Section 274 of the Act which requires a 
State program to be adequate to protect public health and safety 
with respect to the materials covered by this Agreement and to be 
compatible with the Commission's program.

Article IX

    This Agreement shall become effective on September 30, 2009, and 
shall remain in effect unless and until such time as it is 
terminated pursuant to Article VIII.
    Done at Rockville, Maryland, in triplicate, this 8th day of 
September, 2009.

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

/RA/

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Gregory B. Jaczko, Chairman.

    Done at Trenton, New Jersey, in triplicate, this 23rd day of 
September, 2009.

FOR THE STATE OF NEW JERSEY

/RA/

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Jon S. Corzine, Governor.

[FR Doc. E9-24281 Filed 10-7-09; 8:45 am]
BILLING CODE 7590-01-P


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