[Federal Register Volume 65, Number 198 (Thursday, October 12, 2000)]
[Notices]
[Pages 60695-60696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26150]


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NUCLEAR REGULATORY COMMISSION


State of Oklahoma: Discontinuance of Certain Commission 
Regulatory Authority Within the State; Notice of Agreement Between the 
NRC and the State of Oklahoma

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Agreement between the NRC and the State of Oklahoma.

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SUMMARY: This notice is announcing that on August 30, 2000, Richard 
Meserve, Chairman of the U.S. Nuclear Regulatory Commission (NRC) and 
on September 22, 2000, Governor Frank Keating of the State of Oklahoma 
signed an Agreement as authorized by section 274b of the Atomic Energy 
Act of 1954, as amended (Act). The Agreement provides for the 
Commission to discontinue its regulatory authority and for Oklahoma to 
assume regulatory authority over the possession and use of byproduct 
material as defined in section 11e.(1) of the Act, special nuclear 
materials (in quantities not sufficient to form a critical mass), 
source material used to take advantage of its density and high mass 
properties where the use of the specifically licensed material is 
subordinate to the primary specifically licensed use of either 11e.(1) 
byproduct material or special nuclear material (primarily used as 
shielding), and the disposal of low-level radioactive waste at a land 
disposal site in the State of Oklahoma.
    Under the Agreement, a person in Oklahoma 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.

ADDRESSES: Copies of the staff assessment, and the Commission's 
decision may be viewed at the NRC website, http://www.nrc.gov.

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 <a href="/cdn-cgi/l/email-protection#42120f0e020c10016c050d14"><span class="__cf_email__" data-cfemail="22726f6e626c70610c656d74">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The draft Agreement was published in the 
Federal Register for comment once a week for four consecutive weeks 
(see, e.g., 65 FR 36169; June 7, 2000) as required by the Act. The 
public comment period ended on July 7, 2000, and the Commission did not 
receive any comments during that time. After considering the request 
for an Agreement by the Governor of Oklahoma, the supporting 
documentation submitted with the request for an Agreement, and its 
interactions with the staff of the Oklahoma Department of Health, 
Bureau of Radiological Health, the NRC staff completed an assessment of 
the Oklahoma program. A copy of the NRC staff assessment was made 
available in the NRC's Public Document Room and electronically on NRC's 
website.
    Based on the NRC staff's assessment, the Commission determined on 
August 24, 2000, that the proposed Oklahoma program for the control of 
radiation hazards is adequate to protect public health and safety, and 
that it is compatible with the Commission's program. Following 
execution of the Agreement, NRC staff will continue a program of active 
interaction with the new Agreement State that includes the exchange of 
regulatory information (e.g., incident reports, policy changes, rule 
and guidance development), and periodic on-site reviews of the 
Agreement State program.

    Dated at Rockville, Maryland, this 4th day of October, 2000.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.

Agreement Between the United States Nuclear Regulatory Commission and 
the State of Oklahoma for Discontinuance of Certain Commission 
Regulatory Authority and Responsibility Within the State Pursuant to 
Section 274 of the Atomic Energy Act of 1954, as Amended

    Whereas, the United States 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

[[Page 60696]]

O.S. Supp. 1998 Sec. 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 August 24, 2000, 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 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 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 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;
    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 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.

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 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(2) 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 29, 2000, and 
shall remain in effect unless and until such time as it is 
terminated pursuant to Article VIII.

    Dated at Rockville, Maryland, in triplicate, this 30th day of 
August 2000.

    For the United States Nuclear Regulatory Commission.
Richard A. Meserve,
Chairman.
    Dated at Oklahoma City, Oklahoma, in triplicate, this 22nd day 
of September 2000.

    For the State of Oklahoma.
Frank Keating,
Governor.
[FR Doc. 00-26150 Filed 10-11-00; 8:45 am]
BILLING CODE 7590-01-P


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