Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices 16629

of radiation will be coordinated and

compatible; and,

Whereas, The Commission and the

Commonwealth recognize the

desirability of reciprocal recognition of

licenses and 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 Commonwealth, acting

in 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:

A. By-product materials as defined in

Section 11e.(1) of the Act;

B. Source materials;

C. Special nuclear materials in

quantities not sufficient to form a

critical mass; and,

D. Licensing of Low-Level Radioactive

Waste Facilities.

Article II

This Agreement does not provide for

discontinuance of any authority and the

Commission shall retain authority and

responsibility with respect to regulation

of:

A. The construction and operation of

any production or utilization facility;

B. The export from or import into the

United States of by-product, source, or

special nuclear material, or of any

production or utilization facility;

C. The disposal into the ocean or sea

of by-product, source, or special nuclear

waste materials as defined in

regulations or orders of the Commission;

D. 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 of without a license from the

Commission; and,

E. The extraction or concentration of

source material from source material ore

and the management and disposal of the

resulting by-product material.

Article III

This Agreement may be amended,

upon application by the Commonwealth

and approval by the Commission, to

include the additional area(s) specified

in Article II, paragraph E, whereby the

Commonwealth can exert regulatory

control over the materials stated therein.

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, by-product, 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 use its best

efforts to cooperate with the

Commonwealth 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 Commonwealth and

Commission programs for protection

against hazards of radiation will be

coordinated and compatible. The

Commonwealth will use its best efforts

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 like materials. The

Commonwealth and the Commission

will use their best efforts to keep each

other informed of proposed changes in

their respective rules and regulations

and licensing, inspection and

enforcement policies and criteria, and to

obtain the comments and assistance of

the other party thereon.

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

State agree to use their best efforts 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 this Agreement and

actions taken by the Commonwealth

under this Agreement to ensure

compliance with Section 274 of the Act.

Article IX

This Agreement shall become

effective on March 21, 1997, and shall

remain in effect unless and until such

time as it is terminated pursuant to

Article VIII.

Done at Rockville, Maryland, in triplicate,

this 10th day of March, 1997.

For the United States Nuclear Regulatory

Commission.

Shirley Ann Jackson,

Chairman.

Done at Boston, Massachusetts, in

triplicate, this 19th day of March, 1997.

For the Commonwealth of Massachusetts.

William F. Weld,

Governor.

Dated at Rockville, MD., this 1st day of

April, 1997.

For the U. S. Nuclear Regulatory

Commission.

John C. Hoyle,

Secretary of the Commission.

[FR Doc. 97–8829 Filed 4–4–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Draft Regulatory Guide; Issuance,

Availability

The Nuclear Regulatory Commission

has issued for public comment a draft of

a guide planned for its Regulatory Guide

Series. This series has been developed
16630 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices

to describe and make available to the

public such information as methods

acceptable to the NRC staff for

implementing specific parts of the

NRC’s regulations, techniques used by

the staff in evaluating specific problems

or postulated accidents, and data

needed by the staff in its review of

applications for permits and licenses.

The draft guide, temporarily

identified by its task number, DG–3011,

‘‘Use of Fixed Neutron Absorbers at

Fuels and Materials Facilities,’’ is

planned for Division 3, ‘‘Fuels and

Materials Facilities.’’ This regulatory

guide is being developed to provide

guidance that is acceptable to the NRC

staff on procedures for preventing

criticality accidents by using fixed

neutron absorbers in operations

involving handling, storing, and

transporting special nuclear fuel at fuels

and materials facilities.

The draft guide has not received

complete staff review and does not

represent an official NRC staff position.

Public comments are being solicited

on the guide. Comments should be

accompanied by supporting data.

Written comments may be submitted to

the Rules Review and Directives Branch,

Office of Administration, U.S. Nuclear

Regulatory Commission, Washington,

DC 20555. Copies of comments received

may be examined at the NRC Public

Document Room, 2120 L Street NW.,

Washington, DC. Comments will be

most helpful if received by June 20,

1997.

Although a time limit is given for

comments on this draft guide,

comments and suggestions in

connection with items for inclusion in

guides currently being developed or

improvements in all published guides

are encouraged at any time.

Comments may be submitted

electronically, in either ASCII text or

Wordperfect format (version 5.1 or

later), by calling the NRC Electronic

Bulletin Board on FedWorld. The

bulletin board may be accessed using a

personal computer, a modem, and one

of the commonly available

communications software packages, or

directly via Internet.

If using a personal computer and

modem, the NRC subsystem on

FedWorld can be accessed directly by

dialing the toll free number: 1–800–

303–9672. Communication software

parameters should be set as follows:

parity to none, data bits to 8, and stop

bits to 1 (N,8,1). Using ANSI or VT–100

terminal emulation, the NRC NUREGs

and RegGuides for Comment subsystem

can then be accessed by selecting the

‘‘Rules Menu’’ option from the ‘‘NRC

Main Menu.’’ For further information

about options available for NRC at

FedWorld, consult the ‘‘Help/

Information Center’’ from the ‘‘NRC

Main Menu.’’ Users will find the

‘‘FedWorld Online User’s Guides’’

particularly helpful. Many NRC

subsystems and data bases also have a

‘‘Help/Information Center’’ option that

is tailored to the particular subsystem.

The NRC subsystem on FedWorld can

also be accessed by a direct dial phone

number for the main FedWorld BBS,

703–321–3339, or by using Telnet via

Internet, fedworld.gov. If using 703–

321–3339 to contact FedWorld, the NRC

subsystem will be accessed from the

main FedWorld menu by selecting the

‘‘Regulatory, Government

Administration and State Systems,’’

then selecting ‘‘Regulatory Information

Mall.’’ At that point, a menu will be

displayed that has an option ‘‘U.S.

Nuclear Regulatory Commission’’ that

will take you to the NRC Online main

menu. The NRC Online area also can be

accessed directly by typing ‘‘/go nrc’’ at

a FedWorld command line. If you access

NRC from FedWorld’s main menu, you

may return to FedWorld by selecting the

‘‘Return to FedWorld’’ option from the

NRC Online Main Menu. However, if

you access NRC at FedWorld by using

NRC’s toll-free number, you will have

full access to all NRC systems but you

will not have access to the main

FedWorld system.

If you contact FedWorld using Telnet,

you will see the NRC area and menus,

including the Rules menu. Although

you will be able to download

documents and leave messages, you will

not be able to write comments or upload

files (comments). If you contact

FedWorld using FTP, all files can be

accessed and downloaded but uploads

are not allowed; all you will see is a list

of files without descriptions (normal

Gopher look). An index file listing all

files within a subdirectory, with

descriptions, is included. There is a 15-

minute time limit for FTP access.

Although FedWorld can be accessed

through the World Wide Web, like FTP

that mode only provides access for

downloading files and does not display

the NRC Rules menu.

For more information on NRC bulletin

boards call Mr. Arthur Davis, Systems

Integration and Development Branch,

U.S. Nuclear Regulatory Commission,

Washington, DC 20555, telephone

(301)415–5780; e-mail AXD3@nrc.gov.

For more information on this draft

regulatory guide, contact S. Parra at the

NRC, telephone (301)415–6433; e-mail

SAP@nrc.gov.

Regulatory guides are available for

inspection at the Commission’s Public

Document Room, 2120 L Street NW.,

Washington, DC. Requests for single

copies of draft or final guides (which

may be reproduced) or for placement on

an automatic distribution list for single

copies of future draft guides in specific

divisions should be made in writing to

the U.S. Nuclear Regulatory

Commission, Washington, DC 20555,

Attention: Distribution and Mail

Services Section; or by fax at (301)415–

2260. Telephone requests cannot be

accommodated. Regulatory guides are

not copyrighted, and Commission

approval is not required to reproduce

them.

(5 U.S.C. 552(a))

Dated at Rockville, Maryland, this 25th day

of March 1997.

Bill M. Morris,

Director, Division of Regulatory Applications

Office of Nuclear Regulatory Research.

[FR Doc. 97–8832 Filed 4–4–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Standard Review Plan for Applications

for Licenses To Distribute Byproduct

Material to Persons Exempt From the

Requirements for an NRC License

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of availability.

SUMMARY: The U.S. Nuclear Regulatory

Commission (NRC) is announcing the

completion and availability of NUREG–

1562 which contains a draft of

‘‘Standard Review Plan for Applications

for Licenses to Distribute Byproduct

Material to Persons Exempt from the

Requirements for an NRC License (10

CFR 30.14, 30.15, 30.16, 30.18, 30.19,

and 30.20)’’ for review and comment.

ADDRESSES: Copies of NUREG–1562

may be obtained by writing to the

Superintendent of Documents, U.S.

Government Printing Office, P.O. Box

37082, Washington, DC 20402–9328. A

copy of the document is also available

for inspection and/or copying in the

NRC Public Document Room, 2120 L

Street NW, Washington, DC, 20555–

0001. NUREG–1562 can be accessed

from the Sealed Sources and Devices

Bulletin Board System (SSD BBS) on the

FedWorld System. NRC has established

a toll-free number that allows access to

only the NRC portion of FedWorld at

(800) 303–9672. For questions regarding

the use of the NRC portion of FedWorld

in general, please call Arthur Davis of

the NRC at (301) 415–5780.

Written comments should be received

at the address listed below within 90

days from the date of this notice.