Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Notices 60695

Place: Commissioners’ Conference

Room, 11555 Rockville Pike, Rockville,

Maryland. Status: Public and Closed.

Matters to be Considered:

Week of October 9

There are no meetings scheduled for the

Week of October 9.

Week of October 16—Tentative

Tuesday, October 17

9:25 a.m. Affirmation Session (Public

Meeting) (If needed)

Week of October 23—Tentative

Monday, October 23

1:55 p.m. Affirmation Session (Public

Meeting) (If needed)

Week of October 30—Tentative

There are no meetings scheduled for the

Week of October 30.

Week of November 6—Tentative

There are no meetings scheduled for the

Week of November 6.

Week of November 13—Tentative

Friday, November 17

9:25 a.m. Affirmation Session (Public

Meeting) (If needed)

9:30 a.m. Briefing on Risk-Informed

Regulation Implementation Plan (Public

Meeting)

This meeting will be webcast live at the

Web address—www.nrc.gov/live.html

*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.

* * * * *

Additional Information

By a vote of 5–0 on October 6, the

Commission determined pursuant to U.S.C.

552b(e) and § 9.107(a) of the Commission’s

rules that ‘‘Affirmation of VERMONT

YANKEE NUCLEAR POWER CORP. &

AMERGEN VERMONT, LLC (Vermont

Yankee Nuclear Power Station), Docket No.

50–271–LT. Petitions to Intervene and

Motions for Hearing from Citizens Awareness

Network (‘‘CAN’’) and the Vermont

Department of Public Service (‘‘Vermont’’);

also various motions by CAN associated with

its petition’’ be held on October 6, and on

less than one week’s notice to the public.

* * * * *

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, D.C.

20555 (301–415–1661). 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: October 6, 2000.

William M. Hill, Jr.,

SECY Tracking Officer, Office of the

Secretary.

[FR Doc. 00–26334 Filed 10–10–00; 11:44

am]

BILLING CODE 7590–01–M

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.

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 PML@NRC.GOV.

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

60696 Federal Register / Vol. 65, No. 198 / Thursday, October 12, 2000 / Notices

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 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