Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices 36069 

III. Proposed Actions 

OSHA is requesting that OMB extend 

its approval of the information 

collection requirements contained in the 

Standard on Portable Fire Extinguishers 

(Annual Maintenance Certification 

Record) (29 CFR 1910.157(e)(3)). The 

Agency is requesting to increase its 

current burden hour estimate associated 

with this Standard from 67,500 hours to 

69,019 hours for a total increase of 1,519 

hours. The Agency will summarize the 

comments submitted in response to this 

notice and will include this summary in 

the request to OMB. 

Type of Review: Extension of a 

currently approved collection. 

Title: Portable Fire Extinguishers 

(Annual Maintenance Certification 

Record) (29 CFR 1910.157(e)(3)). 

OMB Number: 1218–0238. 

Affected Public: Business or other forprofit. 

Number of Respondents: 138,038. 

Frequency: Annually. 

Average Time per Response: 30 

minutes (.50 hour) to perform and 

record the required maintenance 

inspection. 

Estimated Total Burden Hours: 

69,019. 

Estimated Cost (Operation and 

Maintenance): $19,878,208. 

IV. Public Participation—Submission of 

Comments on this Notice and Internet 

Access to Comments and Submissions 

You may submit comments in 

response to this document as follows: 

(1) Electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal; (2) by 

facsimile (FAX); or (3) by hard copy. All 

comments, attachments, and other 

material must identify the Agency name 

and the OSHA docket number for the 

ICR (Docket No. OSHA–2007–0052). 

You may supplement electronic 

submissions by uploading document 

files electronically. If you wish to mail 

additional materials in reference to an 

electronic or facsimile submission, you 

must submit them to the OSHA Docket 

Office (see the section of this notice 

titled ADDRESSES). The additional 

materials must clearly identify your 

electronic comments by your name, 

date, and the docket number so the 

Agency can attach them to your 

comments. 

Because of security procedures, the 

use of regular mail may cause a 

significant delay in the receipt of 

comments. For information about 

security procedures concerning the 

delivery of materials by hand, express 

delivery, messenger, or courier service, 

please contact the OSHA Docket Office 

at (202) 693–2350 (TTY (877) 889–

5627). 

Comments and submissions are 

posted without change at http:// 

www.regulations.gov. Therefore, OSHA 

cautions commenters about submitting 

personal information such as social 

security numbers and date of birth. 

Although all submissions are listed in 

the http://www.regulations.gov index, 

some information (e.g., copyrighted 

material) is not publicly available to 

read or download through this website. 

All submissions, including copyrighted 

material, are available for inspection 

and copying at the OSHA Docket Office. 

Information on using the http:// 

www.regulations.gov Web site to submit 

comments and access the docket is 

available at the Web site’s ‘‘User Tips’’

link. Contact the OSHA Docket Office 

for information about materials not 

available through the Web site, and for 

assistance in using the Internet to locate 

docket submissions. 

V. Authority and Signature 

Edwin G. Foulke, Jr., Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice. The authority 

for this notice is the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3506 

et seq.) and Secretary of Labor’s Order 

No. 5–2002 (67 FR 65008). 

Signed at Washington, DC, on June 25, 

2007. 

Edwin G. Foulke, Jr., 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E7–12708 Filed 6–29–07; 8:45 am] 

BILLING CODE 4510–26–P 

NATIONAL SCIENCE FOUNDATION 

National Science Board—Committee 

on Strategy and Budget; Sunshine Act 

Meetings; Notice 

The National Science Board’s 

Committee on Strategy and Budget, 

pursuant to NSF regulations (45 CFR 

part 614), the National Science 

Foundation Act, as amended (42 U.S.C. 

1862n–5 and 1863(k)), and the 

Government in the Sunshine Act (5 

U.S.C. 552b), hereby gives notice in 

regard to the scheduling of a meeting for 

the transaction of National Science 

Board business and other matters 

specified, as follows: 

Date and Time: Monday, July 23, 

2007, 2 p.m. 

Subject Matter: Discussion of the FY 

2009 National Science Foundation 

Budget. 

Status: Closed. 

This meeting will be held by 

teleconference originating from the 

National Science Foundation, Room 

1295, 4201 Wilson Blvd., Arlington, VA 

22230. Please refer to the National 

Science Board Web site (http:// 

www.nsf.gov/nsb) for information or 

schedule updates, or contact: Annette 

M. Dreher, National Science Board 

Office, 4201 Wilson Blvd., Arlington, 

VA 22230. Telephone: (703) 292–7000. 

Russell Moy, 

Attorney Advisor. 

[FR Doc. E7–12746 Filed 6–29–07; 8:45 am] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Commonwealth of Pennsylvania: Draft 

NRC Staff Assessment of a Proposed 

Agreement Between the Nuclear 

Regulatory Commission and the 

Commonwealth of Pennsylvania 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of a proposed Agreement 

with the Commonwealth of 

Pennsylvania. 

SUMMARY: By letter dated November 9, 

2006, Governor Edward G. Rendell of 

Pennsylvania requested that the U. S. 

Nuclear Regulatory Commission (NRC 

or Commission) enter into an Agreement 

with the Commonwealth as authorized 

by Section 274 of the Atomic Energy Act 

of 1954, as amended (Act). 

Under the proposed Agreement, the 

Commission would give up, and 

Pennsylvania would take over, portions 

of the Commission’s regulatory 

authority exercised within the 

Commonwealth. As required by the Act, 

the NRC is publishing the proposed 

Agreement for public comment. The 

NRC is also publishing the summary of 

an assessment by the NRC staff of the 

Pennsylvania regulatory program. 

Comments are requested on the 

proposed Agreement, especially its 

effect on public health and safety. 

Comments are also requested on the 

draft NRC staff assessment, the 

adequacy of the Pennsylvania program, 

and the Commonwealth’s program staff, 

as discussed in this notice. 

The proposed Agreement would 

release (exempt) persons who possess or 

use certain radioactive materials in 

Pennsylvania from portions of the 

Commission’s regulatory authority. The 

Act requires that the NRC publish those 

exemptions. Notice is hereby given that 

the pertinent exemptions have been 

previously published in the Federal 


jlentini on PROD1PC65 with NOTICES
36070 Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / 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.(3) of the Act; (c) byproduct materials as 

defined in Section 11e.(4) of the Act; (d) source 

materials as defined in Section 11z. of the Act; and 

(e) special nuclear materials as defined in Section 

11aa. of the Act, restricted to quantities not 

sufficient to form a critical mass. 

Register and are codified in the 

Commission’s regulations as 10 CFR 

Part 150. 

DATES: The comment period expires July 

18, 2007. 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. Michael T. Lesar, 

Chief, Rulemaking, Directives and 

Editing Branch, Division of 

Administrative Services, Office of 

Administration, Washington, DC 20555–

0001. Comments may be submitted 

electronically at nrcrep@nrc.gov. 

The NRC maintains an Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents may be 

accessed through the NRC’s Public 

Electronic Reading Room on the Internet 

at http://www.nrc.gov/reading-rm/ 

adams.html. If you do not have access 

to ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the NRC Public 

Document Room (PDR) reference staff at 

(800) 397–4209, or (301) 415–4737, or 

by e-mail to pdr@nrc.gov. 

Copies of comments received by NRC 

may be examined at the NRC Public 

Document Room, 11555 Rockville Pike, 

Public File Area O–1–F21, Rockville, 

Maryland. Copies of the request for an 

Agreement by the Governor of 

Pennsylvania including all information 

and documentation submitted in 

support of the request, and copies of the 

full text of the NRC Draft Staff 

Assessment are also available for public 

inspection in the NRC’s Public 

Document Room-ADAMS Accession 

Numbers: ML070240128, ML063400549, 

ML070240055, ML063330295, 

ML070290041, ML070290046, 

ML070260116, ML070260179, 

ML070260026, ML070260119, 

ML070250054, ML063400559, 

ML070790604, ML070790609, 

ML070790612, ML070790616, 

ML070790620, and ML070890378. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Andrew N. Mauer, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. Telephone (301) 415–

3962 or e-mail to anm@nrc.gov. 

SUPPLEMENTARY INFORMATION: Since 

Section 274 of the Atomic Energy Act of 

1954, as amended (Act) was added in 

1959, the Commission has entered into 

Agreements with 34 States. The 

Agreement States currently regulate 

approximately 17,600 Agreement 

material licenses, while the NRC 

regulates approximately 4,400 licenses. 

Under the proposed Agreement, 

approximately 690 NRC licenses will 

transfer to Pennsylvania. The 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 274b 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 November 9, 2006, 

Governor Rendell certified that the 

Commonwealth of Pennsylvania has a 

program for the control of radiation 

hazards that is adequate to protect 

public health and safety within 

Pennsylvania for the materials and 

activities specified in the proposed 

Agreement, and that the Commonwealth 

desires to assume regulatory 

responsibility for these materials and 

activities. Included with the letter was 

the text of the proposed Agreement, 

which is shown in Appendix A to this 

notice. 

The radioactive materials and 

activities (which together are usually 

referred to as the ‘‘categories of 

materials’’) that the Commonwealth of 

Pennsylvania 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 

byproduct materials as defined in 

Section 11e.(3) of the Act; 

(3) The possession and use of 

byproduct materials as defined in 

Section 11e.(4) of the Act; 

(4) The possession and use of source 

materials; 

(5) The possession and use of special 

nuclear materials in quantities not 

sufficient to form a critical mass; and 

(6) The regulation of the land disposal 

of: byproduct materials as defined in 

Section 11e.(1), 11e.(3), or 11e.(4) of the 

Act; source; or special nuclear waste 

materials received from other persons. 

(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 Commonwealth of 

Pennsylvania 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; and 

• 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 NRC Chairman and the 

Governor of Pennsylvania. 

(c) The regulatory program is 

authorized by law under the Radiation 

Protection Act (35 P.S. 7110.101–

7110.703). Section 7110.201 provides 

the authority for the Governor to enter 

into an Agreement with the 

Commission. Pennsylvania law contains 

provisions for the orderly transfer of 

regulatory authority over affected 

licensees from the NRC to the 

Commonwealth. After the effective date 

of the Agreement, licenses issued by 

NRC would continue in effect as 

Pennsylvania licenses until the licenses 

expire or are replaced by State-issued 

licenses. NRC licenses transferred to 

Pennsylvania which contain 

requirements for decommissioning and 

express an intent to terminate the 

license when decommissioning has 

been completed under a Commissionapproved decommissioning plan will 

continue as Pennsylvania licenses and 

will be terminated by Pennsylvania 

when the Commission-approved 

decommissioning plan has been 

completed. 

Pennsylvania currently regulates the 

users of naturally-occurring and 

accelerator-produced radioactive 

materials. The Energy Policy Act of 

2005 (EPAct) expanded the 

Commission’s regulatory authority over 

byproduct materials as defined in 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices 36071 

Sections 11e.(3) and 11e.(4) of the Act, 

to include certain naturally-occurring 

and accelerator-produced radioactive 

materials. On August 31, 2005, the 

Commission issued a time-limited 

waiver (70 FR 51581) of the EPAct 

requirements. Under the proposed 

Agreement, Pennsylvania would assume 

regulatory authority for these 

radioactive materials. Therefore, if the 

proposed Agreement is approved, the 

Commission would terminate the timelimited waiver in Pennsylvania 

coincident with the effective date of the 

Agreement. Also, a notification of 

waiver termination would be provided 

in the Federal Register for the final 

Agreement. 

(d) The NRC draft staff assessment 

finds that the Commonwealth of 

Pennsylvania Bureau of Radiation 

Protection of the Pennsylvania 

Department of Environmental Protection 

is adequate to protect public health and 

safety, and is compatible with the NRC 

program for the regulation of Agreement 

materials. 

II. Summary of the NRC Staff 

Assessment of the Pennsylvania 

Program for the Control of Agreement 

Materials 

The NRC staff has examined the 

Pennsylvania 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,’’ (46 FR 7540; January 23, 

1981, as amended by policy statements 

published at 46 FR 36969; July 16, 1981 

and at 48 FR 33376; July 21, 1983), and 

the Office of Federal and State Materials 

and Environmental Management 

Programs (FSME) Procedure SA–700, 

‘‘Processing an Agreement.’’

(a) Organization and Personnel. The 

Agreement materials program will be 

located within the existing Bureau of 

Radiation Protection (BRP) of the 

Pennsylvania Department of 

Environmental Protection (PADEP). The 

Bureau will be responsible for all 

regulatory activities related to the 

proposed Agreement. 

The educational requirements for the 

BRP staff members are specified in the 

Commonwealth of Pennsylvania 

personnel position descriptions, and 

meet the NRC criteria with respect to 

formal education or combined 

education and experience requirements. 

All current staff members hold at least 

bachelor’s degrees in physical or life 

sciences, or have a combination of 

education and experience at least 

equivalent to a bachelor’s degree. 

Several staff members hold advanced 

degrees, and all have had additional 

training plus working experience in 

radiation protection. Supervisory level 

staff each have at least seven years 

working experience in radiation 

protection. 

The BRP performed and the NRC staff 

reviewed an analysis of the expected 

workload under the proposed 

Agreement. Based on the NRC staff 

review of the BRP’s staff analysis, the 

BRP has an adequate number of staff to 

regulate radioactive materials under the 

terms of the Agreement. The BRP will 

employ a staff with at least the 

equivalent of 17.2 full-time 

professional/technical and 

administrative employees for the 

Agreement materials program. 

Pennsylvania has indicated that the 

BRP has an adequate number of trained 

and qualified staff in place. 

Pennsylvania has developed 

qualification procedures for license 

reviewers and inspectors which are 

similar to the NRC’s procedures. The 

technical staff are working with NRC 

license reviewers in the NRC Region I 

Office and accompanying NRC staff on 

inspections of NRC licensees in 

Pennsylvania. Pennsylvania is also 

actively further supplementing their 

experience through direct meetings, 

discussions, and facility walk-downs 

with NRC licensees in Pennsylvania, 

and through self-study, in-house 

training, and formal training. 

In the course of the NRC staff’s 

continued interactions with 

Pennsylvania, the NRC staff will 

confirm the assurances that 

Pennsylvania provided concerning 

having an adequate number of trained 

and qualified staff in place, based on 

Pennsylvania’s staff needs analysis and 

qualification procedures. Specifically, 

the NRC staff will verify how BRP staff 

fit into the qualification process, which 

staff are qualified in certain areas, and 

the basis for the determinations. 

(b) Legislation and Regulations. In 

conjunction with the rulemaking 

authority vested in the Environmental 

Quality Board by Section 302 of the 

Pennsylvania Radiation Protection Act 

1984–147, PADEP has the requisite 

authority to promulgate regulations for 

protection against radiation. The law 

provides PADEP 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 NRC staff verified that 

Pennsylvania adopted the relevant NRC 

regulations in 10 CFR parts 19, 20, 30, 

31, 32, 33, 34, 35, 36, 39, 40, 70, 71, and 

150 into Pennsylvania Code Title 25, 

Environmental Protection by reference. 

The NRC staff also verified that 

Pennsylvania adopted the relevant NRC 

regulations in 10 CFR part 61 into 

Pennsylvania Code Title 25, 

Environmental Protection. The NRC 

staff also approved an order to 

implement Increased Controls 

requirements for risk-significant 

radioactive materials for certain 

Pennsylvania licensees under the 

proposed Agreement. As a result of the 

renumbering of 10 CFR part 71 in 2004, 

Pennsylvania is proceeding with 

necessary revisions to their regulations 

to ensure compatibility, that will be 

effective by October 1, 2007. Therefore, 

on the proposed effective date of the 

Agreement, Pennsylvania will have 

adopted an adequate and compatible set 

of radiation protection regulations 

which apply to byproduct, source, and 

special nuclear materials in quantities 

not sufficient to form a critical mass. 

The NRC staff also verified that 

Pennsylvania will not attempt to enforce 

regulatory matters reserved to the 

Commission. 

(c) Storage and Disposal. 

Pennsylvania has also adopted by 

reference the NRC requirements for the 

storage of radioactive material and for 

the land 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. Pennsylvania 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 

transporting radioactive materials. 

Pennsylvania will not attempt to enforce 

portions of the regulations related to 

activities, such as approving packaging 

designs, which are reserved to NRC. 

(e) Recordkeeping and Incident 

Reporting. Pennsylvania 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. 

Pennsylvania has adopted by reference 

the NRC regulations that specify the 

requirements a person must meet to get 

a license to possess or use radioactive 

materials. Pennsylvania has also 

developed a licensing procedures 


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36072 Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices 

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. 

Pennsylvania has adopted a schedule 

providing for the inspection of licensees 

as frequently as, or more frequently 

than, the inspection schedule used by 

the NRC. The program has adopted 

procedures for the conduct of 

inspections, reporting of inspection 

findings, and reporting inspection 

results to the licensees. Pennsylvania 

has also adopted procedures for the 

enforcement of regulatory requirements, 

and is authorized by law to enforce the 

State rules using a variety of sanctions, 

including the imposition and collection 

of civil penalties, and the issuance of 

orders to suspend, modify or revoke 

licenses, or to impound materials. 

(h) Regulatory Administration. 

Pennsylvania is bound by requirements 

specified in Commonwealth 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. Pennsylvania law 

prescribes standards of ethical conduct 

for Commonwealth employees. 

(i) Cooperation with Other Agencies. 

Pennsylvania law deems the holder of 

an NRC license on the effective date of 

the proposed Agreement to possess a 

like license issued by Pennsylvania. The 

law provides that these former NRC 

licenses will expire either 90 days after 

receipt from the radiation control 

program of a notice of expiration of such 

license or on the date of expiration 

specified in the NRC license, whichever 

is later. In the case of NRC licenses that 

are terminated under restricted 

conditions required by 10 CFR 20.1403 

prior to the effective date of the 

proposed Agreement, Pennsylvania 

deems the termination to be final 

despite any other provisions of 

Commonwealth law or rule. For NRC 

licenses that, on the effective date of the 

proposed Agreement, contain a license 

condition indicating intent to terminate 

the license upon completion of a 

Commission approved 

decommissioning plan, the transferred 

license will be terminated by 

Pennsylvania under the plan so long as 

the licensee conforms to the approved 

plan. 

Pennsylvania 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 

Pennsylvania Code provides exemptions 

from the Commonwealth’s requirements 

for licensing of sources of radiation for 

NRC and U.S. Department of Energy 

contractors or subcontractors. The 

proposed Agreement commits 

Pennsylvania to uormulation of 

standards and regulatory programs for 

the protection against hazards of 

radiation, and to assure that 

Pennsylvania’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 Pennsylvania to use 

their best efforts to accord such 

reciprocity. 

III. Staff Conclusion 

Section 274d of the Act provides that 

the Commission shall enter into an 

agreement under Section 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 Section 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. 

The NRC staff has reviewed the 

proposed Agreement, the certification 

by the Commonwealth of Pennsylvania 

in the application for an Agreement 

submitted by Governor Rendell on 

November 9, 2006, and the supporting 

information provided by the staff of the 

Bureau of Radiation Protection of the 

Pennsylvania Department of 

Environmental Protection, and 

concludes that, except as discussed 

above in Section II. ‘‘Summary of the 

NRC Staff Assessment of the 

Pennsylvania Program for the Control of 

Agreement Materials,’’ (a) ‘‘Organization 

and Personnel,’’ of this document, the 

Commonwealth of Pennsylvania 

satisfies the criteria in 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,’’ and therefore, meets the 

requirements of Section 274 of the Act. 

The proposed Pennsylvania program to 

regulate Agreement materials, as 

comprised of statutes, regulations, and 

procedures, is compatible with the 

program of the Commission and is 

adequate to protect public health and 

safety with respect to the materials 

covered by the proposed Agreement. 

With respect to discussion above in 

Section II. ‘‘Summary of the NRC Staff 

Assessment of the Pennsylvania 

Program for the Control of Agreement 

Materials,’’ (a) ‘‘Organization and 

Personnel,’’ once the NRC staff confirms 

the assurances provided by 

Pennsylvania concerning staff training 

and qualifications, the staff will be able 

to conclude that area is satisfied. 

Dated at Rockville, Maryland, this 25th day 

of June, 2007. 

For the Nuclear Regulatory Commission. 

Janet R. Schlueter, 

Director, Division of Materials Safety and 

State Agreements, Office of Federal and State 

Materials and Environmental Management 

Programs. 

Appendix A—An Agreement Between the 

United States Nuclear Regulatory 

Commission and the Commonwealth of 

Pennsylvania For the Discountinuance of 

Certain Commission Regularoty Authority 

and Responsibility Within the 

Commonwealth 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. (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 Commonwealth under Chapters 6, 

7, and 8, and Section 161 of the Act with 

respect to byproduct materials as defined in 

Sections 11e.(1), (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 

Commonwealth of Pennsylvania is 

authorized under the Pennsylvania Radiation 

Protection Act, Act of July 10, 1984, Pub.L. 

688, No. 147, as amended, 35 P.S. section 

7110.101 et seq., to enter into this Agreement 

with the Commission; and, 

WHEREAS, The Governor of the 

Commonwealth of Pennsylvania certified on 

November 8, 2006, that the Commonwealth 

of Pennsylvania (the Commonwealth) has a 

program for the control of radiation hazards 

adequate to protect public health and safety 

with respect to the materials within the 

Commonwealth covered by this Agreement, 

and that the Commonwealth desires to 

assume regulatory responsibility for such 

materials; and, 

WHEREAS, The Commission found on 

[date] that the program of the Commonwealth 

for the regulation of the materials covered by 

this Agreement is compatible with the 


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Federal Register / Vol. 72, No. 126 / Monday, July 2, 2007 / Notices 36073 

Commission’s program for the regulation of 

such materials and is adequate to protect 

public health and safety; and, 

WHEREAS, The Commonwealth and the 

Commission recognize the desirability and 

importance of cooperation between the 

Commission and the Commonwealth in the 

formulation of standards for protection 

against hazards of radiation and in assuring 

that Commonwealth and Commission 

programs for protection against hazards of 

radiation will be coordinated and 

compatible; and, 

WHEREAS, The Commission and the 

Commonwealth 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 

Commonwealth acting on behalf of the 

Commonwealth 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 Commonwealth 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. 

6. The regulation of the land disposal of all 

byproduct, source, and special nuclear waste 

materials covered by this Agreement; 

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; 

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. 

ARTICLE III 

With the exception of those activities 

identified in Article II.A.1 through 4, this 

Agreement may be amended, upon 

application by the Commonwealth and 

approval by the Commission, to include one 

or more of the additional activities specified 

in Article II, whereby the Commonwealth 

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 

Commonwealth 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 

Commonwealth programs for protection 

against hazards of radiation will be 

coordinated and compatible. The 

Commonwealth agrees to cooperate with the 

Commission and other Agreement States in 

the formulation of standards and regulatory 

programs of the Commonwealth and the 

Commission for protection against hazards of 

radiation and to assure that the 

Commonwealth’s program will continue to 

be compatible with the program of the 

Commission for the regulation of materials 

covered by this Agreement. 

The Commonwealth 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 Commonwealth 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 Commonwealth 

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 Commonwealth 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 Commonwealth, or upon 

request of the Governor of the 

Commonwealth, 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 Commonwealth 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 Commonwealth has 

failed to take necessary steps. The 

Commission shall periodically review actions 

taken by the Commonwealth under this 

Agreement to ensure compliance with 

Section 274 of the Act which requires a 

Commonwealth 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 

[date], and shall remain in effect unless and 

until such time as it is terminated pursuant 

to Article VIII. 

Done at [City, State] this [date] day of 

[month], [year]. 

For the United States Nuclear Regulatory 

Commision. 

lllllllllllllllllllll

Dale E. Klein, Chairman, 

For the Commonwealth of Pennsylvania. 

lllllllllllllllllllll

Edward G. Rendell, Governor. 

[FR Doc. 07–3195 Filed 6–29–07; 8:45 am] 

BILLING CODE 7590–01–P 

OVERSEAS PRIVATE INVESTMENT 

CORPORATION 

Board of Directors Meeting 

July 12, 2007. 

TIME AND DATE: Thursday, July 12, 2007, 

10 a.m. (Open Portion) 10:15 a.m. 

(Closed Portion). 

PLACE: Offices of the Corporation, 

Twelfth Floor Board Room, 1100 New 

York Avenue, NW., Washington, DC. 

STATUS: Meeting Open to the Public 

from 10 a.m. to 10:15 a.m. Closed 

portion will commence at 10:15 a.m. 

(approx.) 

MATTERS TO BE CONSIDERED: 

1. President’s Report. 

2. Approval of April 26, 2007 Minutes 

(Open Portion). 

FURTHER MATTERS TO BE CONSIDERED: 

(Closed to the Public 10:15 a.m.) 


jlentini on PROD1PC65 with NOTICES