Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Notices 36169

23. Consumer Product Safety

Commission, Agency-wide (N1–424–

00–1, 3 items, 2 temporary items).

Records relating to the production of

posters, including production materials,

negatives, routine artwork, layouts, and

preparatory graphic material. Also

included are posters pertaining to

events and subjects not related to the

agency’s mission. Posters relating to the

agency’s mission and operations are

proposed for permanent retention.

24. Federal Retirement Thrift

Investment Board, Agency-wide (N1–

474–00–2, 3 items, 3 temporary items).

Copies of Office of Administration

internal directives accumulated by

agency program offices. Electronic

copies created using word processing

are also included.

25. Federal Home Loan Bank Board

(N1–195–00–1, 3 items, 2 temporary

items). Older records, accumulated

between 1932 and 1971, consisting of

bills and receipts for legal fees,

miscellaneous case files, and savings

and loan associations’ applications for

membership in the Federal Home Loan

Bank system and other actions, such as

relocation and the establishment of

branch offices. Records include

financial statements, audits, transcripts

of hearings, maps, photographs, and

publicity materials. The agency’s

Central Subject File, 1934–1969, is

proposed for permanent retention.

26. Tennessee Valley Authority, Chief

Administrative Officer (N1–142–00–3, 4

items, 2 temporary items). Paper copies

of records of the Chief Administrative

Officer for which optical images have

been created. Also included are

electronic copies of documents created

using word processing and electronic

mail. Information that has been

converted to optical image format is

proposed for permanent retention and

will be transferred to the National

Archives in a medium and format that

meets the requirements for archival

records in effect at the time of transfer.

Paper records that pre-date November 1,

1999, and will not be scanned, are also

proposed for permanent retention.

27. Tennessee Valley Authority,

Information Services (N1–142–00–4, 2

items, 2 temporary items).

Correspondence, reports, and

presentations pertaining to the

management of the Y2K program. Also

included are electronic copies created

using electronic mail and word

processing.

Dated: May 26, 2000.

Michael J. Kurtz,

Assistant Archivist for Record Services—

Washington, DC.

[FR Doc. 00–14275 Filed 6–6–00; 8:45 am]

BILLING CODE 7515–01–P

NUCLEAR REGULATORY

COMMISSION

Sunshine Act Meetings

AGENCY HOLDING THE MEETING: Nuclear

Regulatory Commission.

DATES: Weeks of June 5, 12, 19, 26, and

July 3, and 10, 2000.

PLACE: Commissioner’s Conference

Room, 11555 Rockville Pike, Rockville,

Maryland.

STATUS: Public and Closed.

MATTERS TO BE CONSIDERED: 

Week of June 5

There are no meetings scheduled for

the Week of June 5.

Week of June 12—Tentative

Tuesday, June 13

9:25 a.m.

Affirmation Session (Public Meeting)

a: Final Rule—Clarification of

Regulations to Explicitly Limit

Which Types of Applications Must

Include Antitrust Information

9:30 a.m.

Meeting with Organization of

Agreement States (OAS) and

Conference of Radiation Control

Program Directors (CRCPD) (Public

Meeting) (Contact: Paul Lohaus,

301–415–3340)

1:00 p.m.

Meeting with Korean Peninsula

Energy Development Organization

(KEDO) and State Department

(Public Meeting) (Contact: Donna

Chaney, 301–415–2644)

Week of June 19—Tentative

Tuesday, June 20, 2000

9:25 a.m.

Affirmation Session (Public Meeting)

(If needed)

9:30 a.m.

Briefing on Final Rule—Part 70—

Regulating Fuel Cycle Facilities

(Public Meeting) (Contact: Theodore

Sherr, 301–415–7218)

1:30 p.m.

Briefing on Risk-Informed Part 50,

Option 3 (Public Meeting) (Contact:

Mary Drouin, 301–415–6675)

Wednesday, June 21, 2000

10:30 a.m.

All Employees Meeting (Public

Meeting) (‘‘The Green’’ Plaza Area)

1:30 p.m.

All Employees Meeting (Public

Meeting) (‘‘The Green’’ Plaza Area)

Week of June 26—Tentative

There are no meetings scheduled for

the Week of June 26.

Week of July 3—Tentative

There are no meetings scheduled for

the Week of July 3.

Week of July 10—Tentative

Tuesday, July 11

9:25 a.m.

Affirmation Session (Public Meeting)

(If necessary.)

*The schedule for Commission

meetings is subject to change on short

notice. To verify the status of meetings

call (recording) (301) 415–1292. Contact

Person for more information: Bill Hill

(301) 415–1661.

The NRC Commission Meeting

Schedule can be found on the Internet

at: http://www.nrc.gov/SECY/smj/

schedule.htm

This notice is distributed by mail to

several hundred subscribers; if you no

longer wish to receive it, or would like

to be added to it, please contact the

Office of the Secretary, Attn: Operations

Branch, Washington, DC 20555 (401–

415–1661). In addition, distribution of

this meeting notice over the Internet

system is available. If you are interested

in receiving this Commission meeting

schedule electronically, please send an

electronic message to wmh@nrc.gov or

dkw@nrc.gov.

Dated: June 2, 2000.

William M. Hill, Jr.,

SECY Tracking Officer, Office of the

Secretary.

[FR Doc. 00–14467 Filed 6–5–00; 1:20 pm]

BILLING CODE 7590–01–M

NUCLEAR REGULATORY

COMMISSION

State of Oklahoma: NRC Staff

Assessment of a Proposed Agreement

Between the Nuclear Regulatory

Commission and the State of

Oklahoma

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of a proposed Agreement

with the State of Oklahoma.

SUMMARY: This notice is announcing

that the Nuclear Regulatory Commission

(NRC) has received a request from

Governor Frank Keating of Oklahoma

that the NRC consider entering into an

Agreement with the State as authorized

36170 Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Notices

1The radioactive materials, sometimes referred to

as agreement materials, are: (a) byproduct materials

as defined in section 11e.(1) of the Act; (b)

byproduct materials as defined in Section 11e.(2) of

the Act; (c) source materials as defined in Section

11z. of the Act; and (d) special nuclear materials as

defined in Section 11a. of the Act, restricted to

quantities not sufficient to form a critical mass.

by section 274 of the Atomic Energy Act

of 1954, as amended (Act). Section 274

of the Act contains provisions for the

Commission to enter into agreements

with the Governor of any State

providing for the discontinuance of the

regulatory authority of the Commission.

Under the proposed Agreement,

submitted December 28, 1999, the

Commission would discontinue and

Oklahoma would take over portions of

the Commission’s regulatory authority

over radioactive material covered under

the Act within the State of Oklahoma.

In accordance with 10 CFR 150.10,

persons, who possess or use certain

radioactive materials in Oklahoma,

would be released (exempted) from

portions of the Commission’s regulatory

authority under the proposed

Agreement. The Act requires that NRC

publish those exemptions. Notice is

hereby given that the pertinent

exemptions have been previously

published in the Federal Register and

are codified in the Commission’s

regulations as 10 CFR part 150. NRC is

publishing the proposed Agreement for

public comment, as required by the Act.

NRC is also publishing the summary of

an assessment conducted by the NRC

staff of the proposed Oklahoma

byproduct material regulatory program.

Comments are invited on (a) the

proposed Agreement, especially its

effect on public health and safety, and

(b) the NRC staff assessment.

DATES: The comment period expires July

7, 2000. Comments received after this

date will be considered if it is practical

to do so, but the Commission cannot

assure consideration of comments

received after the expiration date.

ADDRESSES: Written comments may be

submitted to Mr. David L. Meyer, Chief,

Rules and Directives Branch, Division of

Administrative Services, Office of

Administration, Washington, DC 20555–

0001. Copies of comments received by

NRC may be examined at the NRC

Public Document Room, 2120 L Street,

NW. (Lower Level), Washington, DC.

Copies of the proposed Agreement,

copies of the request for an Agreement

by the Governor of Oklahoma including

all information and documentation

submitted in support of the request, and

copies of the full text of the NRC staff

assessment are also available for public

inspection in the NRC’s Public

Document Room.

FOR FURTHER INFORMATION CONTACT:

Patricia M. Larkins, Office of State and

Tribal Programs, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555–0001. Telephone (301) 415–

2309 or e-mail pml@nrc.gov.

SUPPLEMENTARY INFORMATION: Since

section 274 of the Act was added in

1959, the Commission has entered into

Agreements with 31 States. The

Agreement States currently regulate

approximately 16,000 agreement

material licenses, while NRC regulates

approximately 5800 licenses. Under the

proposed Agreement, approximately

220 NRC licenses will transfer to

Oklahoma. NRC periodically reviews

the performance of the Agreement States

to assure compliance with the

provisions of section 274. Section 274e

requires that the terms of the proposed

Agreement be published in the Federal

Register for public comment once each

week for four consecutive weeks. This

notice is being published in fulfillment

of the requirement.

I. Background

(a) Section 274d of the Act provides

the mechanism for a State to assume

regulatory authority, from the NRC, over

certain radioactive materials 1 and

activities that involve use of the

materials. In a letter dated December 28,

1999, Governor Keating certified that

the State of Oklahoma has a program for

the control of radiation hazards that is

adequate to protect public health and

safety within Oklahoma for the

materials and activities specified in the

proposed Agreement, and that the State

desires to assume regulatory

responsibility for these materials and

activities. Included with the letter was

the text of the proposed Agreement,

which is included as Appendix A to this

notice.

The radioactive material and activities

(which together are usually referred to

as the ‘‘categories of material’’) which

the State of Oklahoma requests

authority over are: (1) The possession

and use of byproduct materials as

defined in section 11e.(1) of the Act; (2)

the possession and use of special

nuclear material in quantities not

sufficient to form a critical mass; (3) the

regulation of the land disposal of

byproduct source or special nuclear

material received from other persons;

and (4) source material used to take

advantage of its density and high mass

properties where the use of the

specifically licensed source material is

subordinate to the primary specifically

licensed use of either 11e.(1) byproduct

material or special nuclear material, as

provided for in regulations or orders of

the Commission.

(b) The proposed Agreement contains

articles that:

—Specify the materials and activities

over which authority is transferred;

—Specify the activities over which the

Commission will retain regulatory

authority;

—Continue the authority of the

Commission to safeguard nuclear

materials and restricted data;

—Commit the State of Oklahoma and

NRC to exchange information as

necessary to maintain coordinated

and compatible programs;

—Provide for the reciprocal recognition

of licenses;

—Provide for the suspension or

termination of the Agreement;

—Specify the effective date of the

proposed Agreement. The

Commission reserves the option to

modify the terms of the proposed

Agreement in response to comments,

to correct errors, and to make editorial

changes. The final text of the

Agreement, with the effective date,

will be published after the Agreement

is approved by the Commission, and

signed by the Chairman of the

Commission and the Governor of

Oklahoma.

(c) Oklahoma currently regulates the

users of naturally-occurring and

accelerator-produced radioactive

materials (NARM). The regulatory

program is authorized by law in the

Oklahoma Environmental Quality Act at

Okla. Stat. tit. 27A § 1–3–101(B)(11) and

the Oklahoma Radiation Management

Act at 27A § 2–9–103(A). Section 2–9–

103(C) of the Act provides the authority

for the Governor to enter into an

Agreement with the Commission.

Oklahoma law contains provisions for

the orderly transfer of regulatory

authority over affected licensees from

NRC to the State. Oklahoma law

provides that any person who possesses

an existing NRC license shall be deemed

to possess a like license issued under

the Oklahoma Radiation Management

Act. After the effective date of the

Agreement, licenses issued by NRC

would continue in effect until the

license expiration specified in the

existing NRC license. DEQ will notify

affected licensees of the transfer of

regulatory authority within fifteen (15)

days after the effective date of the

signed agreement.

(d) The NRC staff assessment finds

that the Oklahoma program is adequate

to protect public health and safety, and

is compatible with the NRC program for

the regulation of agreement materials.

Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Notices 36171

II. Summary of the NRC Staff

Assessment of the Oklahoma Program

for the Control of Agreement Materials

NRC staff has examined the Oklahoma

request for an Agreement with respect to

the ability of the radiation control

program to regulate agreement

materials. The examination was based

on the Commission’s policy statement

‘‘Criteria for Guidance of States and

NRC in Discontinuance of NRC

Regulatory Authority and Assumption

Thereof by States Through Agreement’’

(referred to herein as the ‘‘NRC criteria’’)

(46 FR 7540; January 23, 1981, as

amended).

(a) Organization and Personnel. The

agreement byproduct material program

will be located within the existing

Radiation Management Section (RAM)

of the Waste Management Division, an

organizational unit of the Oklahoma

Department of Environmental Quality

(DEQ). The RAM Section currently has

responsibility for directing and

managing a formal registration program

begun in 1993, that includes inspections

and fees for radioactive material that

occur naturally or are produced by

particle accelerators, and industrial xray machines. The DEQ also has

responsibility for regulation of machine

produced radiation, and non-ionizing

radiation. The regulatory authority over

the use of sources of radiation by

diagnostic medical x-ray remains with

the Oklahoma Department of Health.

Based on discussions with the RAM

program manager, the DEQ plans to

implement a licensing program for

radioactive materials that occur

naturally in the future after the State

assumes regulatory authority under the

Agreement. The program will be

responsible for all regulatory activities

related to the proposed Agreement.

The educational requirements for the

DEQ staff members are specified in the

Oklahoma State personnel position

descriptions, and meet the NRC criteria

with respect to formal education or

combined education and experience

requirements. Each current staff member

has at least a bachelors’ degree or

equivalents in physical/life sciences or

engineering, with one exception. One

staff member trainee has a degree in

Education. Several staff members hold

advanced degrees. Most staff members

were hired from other environmental

programs in the DEQ with considerable

experience in a variety of environmental

program areas. The program staff has

considerable experience in related

regulatory program implementation

including air pollution, hazardous

waste, solid waste, sewage treatment,

and water use issues. The program

manager and two senior technical staff

have 10 years of regulatory experience

with DEQ and 6, 6, and 3 years

respectively in the RAM program as

well as several years of prior experience

working with radioactive material,

radiation protection, or hazardous

waste.

A third senior staff member has three

years of industry experience and three

years with the DEQ RAM program. One

junior staff member has three years

experience as a laboratory technician

using radionuclides for labeling and two

years with the DEQ RAM program.

Three other staff members, currently in

training, have between 3 and 9 years

experience, primarily in the

environmental regulatory area. One has

completed one year related experience

with DEQ RAM, one has 3.5 years of

related nuclear power plant experience

as a health physicist decontamination

technician, and one has six years related

experience as a well logging engineer.

Based on information provided in the

staffing analysis, the manager, three

senior technical staff, and one junior

staff member will conduct the licensing

and inspection activities. These staff

members have attended nearly all of the

available relevant NRC training courses,

including the 5-week Applied Health

Physics course, inspection and licensing

courses, and the majority of use-specific

courses. In addition, staff members have

accompanied NRC inspectors and

worked with NRC licensing staff to

obtain additional on-the-job experience.

The DEQ has adopted a written

program for the training and

qualification of staff members, which

covers both new staff members and the

continuing qualification of existing staff.

NRC staff notes that the Oklahoma

agreement materials program will be

evaluated under the Commission’s

Integrated Materials Performance

Evaluation Program (IMPEP). One

IMPEP criterion addresses staff training

and qualifications, and includes a

specific criterion which addresses

training and qualification plans. NRC

staff reviewed the plan, and concludes

that it satisfies the IMPEP criterion

element.

The DEQ provided copies of

memoranda authorizing full

qualification to three senior staff, and

limited interim qualification to one

junior staff member, in accordance with

Oklahoma’s Formal Qualification Plan.

All four staff are designated to provide

technical support to the program at the

time the Agreement is signed.

Based upon review of the information

provided in the staffing analysis, NRC

staff concludes that overall the program

has an adequate number of technically

qualified staff members and that the

technical staff identified by the State to

participate in the Agreement materials

program are fully trained, and qualified

in accordance with the DEQ plans, have

sufficient knowledge and experience in

radiation protection, the use of

radioactive materials, the standards for

the evaluation of applications for

licensing, and the techniques of

inspecting licensed users of agreement

materials to satisfy the criterion.

(b) Legislation and Regulations. The

Oklahoma DEQ is designated by law in

the Oklahoma Radiation Management

Act at Okla. Stat. Tit. 27A § 2–9–103 as

the radiation control agency. The law

provides the DEQ the authority to issue

licenses, issue orders, conduct

inspections, and to enforce compliance

with regulations, license conditions,

and orders. Licensees are required to

provide access to inspectors. The

Environmental Quality Board is

authorized to promulgate regulations.

The law requires the Environmental

Quality Board to adopt rules that are

compatible with the equivalent NRC

regulations and that are equally

stringent to, or to the extent practicable

more stringent than, the equivalent NRC

regulations. The DEQ has adopted, by

reference, the NRC regulations in Title

10 of the Code of Federal Regulations.

The adoption by reference is contained

in Title 252 Chapter 410 of the

Oklahoma Administrative Code (OAC).

Oklahoma rule 252:410–10–2 specifies

that references to the NRC will be

construed as references to the Director

of the DEQ.

The NRC staff review verified that the

Oklahoma rules contain all of the

provisions that are necessary in order to

be compatible with the regulations of

the NRC on the effective date of the

Agreement between the State and the

Commission. The adoption of the NRC

regulations by reference assures that the

standards will be uniform.

(c) Storage and Disposal. Oklahoma

has also adopted, by reference, the NRC

requirements for the storage of

radioactive material, and for the

disposal of radioactive material as

waste. The waste disposal requirements

cover both the disposal of waste

generated by the licensee and the

disposal of waste generated by and

received from other persons.

(d) Transportation of Radioactive

Material. Oklahoma has adopted the

NRC regulations in 10 CFR Part 71 by

reference. Part 71 contains the

requirements licensees must follow

when preparing packages containing

radioactive material for transport. Part

71 also contains requirements related to

the licensing of packaging for use in

36172 Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Notices

transporting radioactive materials.

Oklahoma will not attempt to enforce

portions of the regulation related to

activities, such as approving packaging

designs, which are reserved to NRC.

(e) Record Keeping and Incident

Reporting. Oklahoma has adopted, by

reference, the sections of the NRC

regulations which specify requirements

for licensees to keep records, and to

report incidents or accidents involving

materials.

(f) Evaluation of License Applications.

Oklahoma has adopted, by reference,

the NRC regulations that specify the

requirements which a person must meet

in order to get a license to possess or use

radioactive materials. Oklahoma has

also developed a licensing procedure

manual, along with the accompanying

regulatory guides, which are adapted

from similar NRC documents and

contain guidance for the program staff

when evaluating license applications.

(g) Inspections and Enforcement. The

Oklahoma radiation control program has

adopted a schedule providing for the

inspection of licensees as frequently as,

or more frequently than, the inspection

schedule used by NRC. The program has

adopted procedures for conducting

inspections, reporting inspection

findings, and reporting inspection

results to the licensees from similar

NRC documents. The program has also

adopted, by rule in the OAC, procedures

for the enforcement of regulatory

requirements.

(h) Regulatory Administration. The

Oklahoma DEQ is bound by

requirements specified in State law for

rulemaking, issuing licenses, and taking

enforcement actions. The program has

also adopted administrative procedures

to assure fair and impartial treatment of

license applicants. Oklahoma law

prescribes standards of ethical conduct

for State employees.

(i) Cooperation with Other Agencies.

Oklahoma law deems the holder of an

NRC license on the effective date of the

proposed Agreement to possess a like

license issued by Oklahoma under the

Oklahoma Radiation Management Act.

Such license will expire on the date of

expiration specified in the existing NRC

license. Oklahoma will retain the NRC

license numbers of existing licenses

until they expire under DEQ

jurisdiction. As of the effective date of

the Agreement, any pending or new

license applications and renewals will

be transferred to DEQ. DEQ will notify

affected licensees of the transfer of

regulatory authority within fifteen (15)

days after the effective date of the

signed agreement.

Oklahoma’s Administrative

Procedures Act also provides for

‘‘timely renewal.’’ This provision

affords the continuance of licenses for

which an application for renewal has

been filed more than 30 days prior to

the date of expiration of the license.

NRC licenses transferred while in timely

renewal are included under the

continuation provision. The OAC

provides exemptions from the State’s

requirements for licensing of sources of

radiation for NRC and the U.S.

Department of Energy contractors or

subcontractors.

The proposed Agreement commits

Oklahoma to use its best efforts to

cooperate with the NRC and the other

Agreement States in the formulation of

standards and regulatory programs for

the protection against hazards of

radiation and to assure that Oklahoma’s

program will continue to be compatible

with the Commission’s program for the

regulation of Agreement materials. The

proposed Agreement stipulates the

desirability of reciprocal recognition of

licenses, and commits the Commission

and Oklahoma to use their best efforts

to accord such reciprocity.

III. Staff Conclusion

Subsection 274d of the Act provides

that the Commission will enter into an

Agreement under subsection 274b with

any State if:

(a) The Governor of the State certifies

that the State has a program for the

control of radiation hazards adequate to

protect public health and safety with

respect to the agreement materials

within the State, and that the State

desires to assume regulatory

responsibility for the agreement

materials; and

(b) The Commission finds that the

State program is in accordance with the

requirements of Subsection 274o, and in

all other respects compatible with the

Commission’s program for the

regulation of materials, and that the

State program is adequate to protect

public health and safety with respect to

the materials covered by the proposed

Agreement.

On the basis of its assessment, the

NRC staff concludes that the State of

Oklahoma meets the requirements of the

Act. The State’s program, as defined by

its statutes, regulations, personnel,

licensing, inspection, and

administrative procedures, is

compatible with the program of the

Commission and adequate to protect

public health and safety with respect to

the materials covered by the proposed

Agreement.

IV. Small Business Regulatory

Enforcement Fairness Act

In accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, the NRC has

determined that this action is not a

major rule and has verified this

determination with the Office of

Information and Regulatory Affairs of

the Office of Management and Budget

(OMB).

Dated at Rockville, Maryland, this 1st day

of June, 2000.

For the Nuclear Regulatory Commission.

Paul H. Lohaus,

Director, Office of State and Tribal Programs.

An Agreement Between the United

States Nuclear Regulatory Commission

and the State of Oklahoma 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 (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 as defined in

Sections 11e.(1) and (2) 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

Oklahoma is authorized under Section

2–9–103(c) of the Radiation

Management Act (27A O.S. Supp. 1998

§ 2–9–101 et seq.) to enter into this

Agreement with the Commission; and,

Whereas, The Governor of the State of

Oklahoma certified on December 28,

1999 that the State of Oklahoma

(hereinafter referred to as the State) has

a program for the control of radiation

hazards adequate to protect the health

and safety with respect to 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

(date to be determined) 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,

Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Notices 36173

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 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

Atomic Energy Act of 1954, as amended;

Now Therefore, It is hereby agreed

between the Commission and the

Governor of the State of Oklahoma,

acting in 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:

A. Byproduct material as defined in

Section 11e.(1) of the Act;

B. Source material used to take

advantage of the density and high-mass

property for the use of the specifically

licensed source material is subordinate

to the primary specifically licensed use

of either 11e.(1) byproduct material or

special nuclear material;

C. Special nuclear materials in

quantities not sufficient to form a

critical mass;

D. The regulation of the land disposal

of byproduct source or special nuclear

waste material 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:

A. The regulation of the construction

and operation of any production or

utilization facility or any uranium

enrichment facility;

B. 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;

C. The regulation of the disposal into

the ocean or sea of byproduct, source, or

special nuclear waste material as

defined in the regulations or orders of

the Commission;

D. The regulation of 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 without a license

from the Commission.

E. 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;

F. Byproduct material as defined in

Section 11e.(2) of the Act;

G. Source material except for source

material used to take advantage of the

density and high-mass property for the

use of the specifically licensed source

material is subordinate to the primary

specifically licensed use of either

11e.(1) byproduct material or special

nuclear material;

Article III

With the exception of those activities

identified in Article II, paragraph A

through D, 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,

paragraphs E through G, 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

byproduct material 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(2) of the Act,

temporarily suspend all or part of this

Agreement if, in the judgement 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

36174 Federal Register / Vol. 65, No. 110 / Wednesday, June 7, 2000 / Notices

Agreement and to be compatible with

the Commission’s program.

Article IX

This Agreement shall become

effective on [TBA], and shall remain in

effect unless and until such time as it is

terminated pursuant to Article VIII.

Dated at Rockville, Maryland, this

lth day of llllll, 2000.

FOR THE UNITED STATES

NUCLEAR REGULATORY

COMMISSION.

Chairman

Dated at Oklahoma City, Oklahoma

this lth day of llllll, 2000.

FOR THE STATE OF OKLAHOMA

Governor

[FR Doc. 00–14286 Filed 6–6–00; 8:45 am]

BILLING CODE 7590–01–P

SECURITIES AND EXCHANGE

COMMISSION

Submission for OMB Review;

Comment Request

Upon Written Request, Copies

Available From: Securities and

Exchange Commission, Office of Filings

and Information Services, Washington,

DC 20549.

Extension: Form ADV–E; SEC File No.

270–318; OMB Control No. 3235–0361.

Notice is hereby given that pursuant

to the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.) the Securities

and Exchange Commission

(‘‘Commission’’) has submitted to the

Office of Management and Budget a

request for extension of the previously

approved collection of information on

the following form:

Form ADV–E is the cover sheet for

accountant examination certificates

filed pursuant to rule 206(4)–2 under

the Investment Advisers Act by

investment advisers retaining custody of

client securities or funds. The annual

burden is approximately three minutes

per respondent.

The estimate of burden hours set forth

above is made solely for the purposes of

the Paperwork Reduction Act and is not

derived from a comprehensive or even

representative survey or study of the

cost of SEC rules and forms.

Any agency may not conduct or

sponsor, and a person is not required to

respond to, a collection of information

unless it displays a currently valid

control number.

General comments regarding the

estimated burden hours should be

directed to the Desk Officer for the

Securities and Exchange Commission at

the address below. Any comments

concerning the accuracy of the

estimated average burden hours for

compliance with Commission rules and

forms should be directed to Michael E.

Bartell, Associate Director, Office of

Information Technology, Securities and

Exchange Commission, 450 Fifth Street,

NW., Washington, DC 20549, and Desk

Office for the Securities and Exchange

Commission, Office of Information and

Regulatory Affairs, Office of

Management and Budget, New

Executive Office Building, Washington,

DC 20503. Comments must be submitted

to OMB within 30 days of this notice.

Dated: May 25, 2000.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 00–14244 Filed 6–6–00; 8:45 am]

BILLING CODE 8010–01–M

SECURITIES AND EXCHANGE

COMMISSION

Request Under Review by Office of

Management and Budget

Upon Written Request, Copies Available

From: Securities and Exchange Commission,

Office of Filings and Information Services,

Washington, DC 20549.

Extension: Rule 12b–1; SEC File No. 270–

188; OMB Control No. 3235–0212.

Notice is hereby given that under the

Paperwork Reduction Act of 1995 [44

U.S.C. 3501[, the Securities and

Exchange Commission (the ‘‘SEC’’) has

submitted to the Office of Management

and Budget (‘‘OMB’’), a request for

extension of OMB approval for rule

12b–1 [17 CFR 270.12b–1] under the

Investment Company Act of 1940 [15

U.S.C. 80a] (the ‘‘Act’’).

Rule 12b–1 permits a registered openend investment company (‘‘mutual

fund’’) to distribute its own shares and

pay expenses of distribution provided,

among other things, that the mutual

fund adopts a written plan (‘‘rule 12b–

1 plan’’) and has in writing any

agreements relating to the

implementation of the rule 12b–1 plan.

The rule in part requires that (i) the

adoption or material amendment of a

rule 12b–1 plan be approved by the

mutual fund’s directors and

shareholders; (ii) the board review

quarterly reports of amounts spend

under the rule 12b–1 plan; and (iii) the

board consider continuation of the rule

12b–1 plan at least annually. Rule 12b–

1 also requires funds relying on the rule

to preserve for six years, the first two

years in an easily accessible place,

copies of the rule 12b–1 plan, related

agreements and reports, as well as

minutes of board meetings that describe

the factors considered and the basis for

adopting or continuing a rule 12b–1

plan.

The board and shareholder approval

requirements of rule 12b–1 are designed

to ensure that fund shareholders and

directors receive adequate information

to evaluate and approve a rule 12b–1

plan. The requirement of quarterly

reporting to the board is designed to

ensure that the 12b–1 plan continues to

benefit the fund and its shareholders.

The recordkeeping requirements of the

rule are necessary to enable Commission

staff to oversee compliance with the

rule.

Based on information filed with the

Commission by funds, Commission staff

estimates that there are 4,500 mutual

funds with the 12b–1 plans. As

discussed above, 12b–1 requires the

board of each fund with a 12b–1 plan

to (i) review quarterly reports of

amounts spent under the plan and (ii)

annually consider the plan’s

continuation (which generally is

combined with the foruth quarterly

review). This results in a total number

of annual responses per fund of four and

an estimated total number of industry

responses of 18,000 (4,500 funds × 4

annual responses per fund = 18,000

resonses).

Based on conversations with fund

industry representatives, Commission

staff estimates that for each of the 4,500

mutual funds that currently have a 12b–

1 plan, the average annual burden of

complying with the rule if 50 hours to

maintain the plan. This estimate takes

into account the time needed to prepare

quarterly reports to the board of

directors, the board’s consideration of

those reports, and the board’s annual

consideration of the plan’s continuation.

Commission staff therefore estimates

that the total burden of the rule’s

paperwork requirements is 225,000

hours (4,500 funds x 50 hours per fund

= 225,000 hours).

The estimate of burden hours is made

solely for the purpose of the Paperwork

Reduction Act. The estimate is not

derived form a comprehensive or even

a representative survey or study of

Commission rules.

If a currently operating fund seeks to

(i) adopt a new rule 12b–1 plan or (ii)

materially increase the amount it spends

for distribution under its rule 12b–1

plan, rule 12b–1 requires that the fund

obtain shareholder approval. As a

consequence, the fund will incur the

cost of a proxy. Commission staff

estimates that four funds per year

prepare a proxy in connection with the

adoption or material amendment of a

rule 12b–1 plan. Commission staff

further estimates that the cost of each

fund’s proxy is $15,000. Thus the total