16628 Federal Register / Vol. 62, No. 66 / Monday, April 7, 1997 / Notices

impact on plant effluents and will not

result in any impact to the environment.

2. The proposed amendment will not

result in a significant increase in

individual or cumulative occupational

radiation exposure.

The proposed amendment will not

increase exposure.

3. The proposed amendment will not

result in a significant construction

impact.

The proposed amendment will not

result in any construction, therefore,

there will be no construction impacts.

4. The proposed amendment will not

result in a significant increase in the

potential for, or radiological or chemical

consequences from, previously analyzed

accidents.

The proposed amendment to include

a definition for completion time and to

define the maximum time interval for

repetitive actions will provide more

formality for the conduct of plant

operations. This inclusion will ensure

consistent interpretation of the

requirements. The proposed changes do

not affect the potential for or

radiological or chemical consequences

from previously evaluated accidents.

5. The proposed amendment will not

result in the possibility of a new or

different kind of accident.

The proposed amendment to include

a definition for completion time and to

define the maximum time interval for

repetitive actions will ensure consistent

interpretation of the requirements. The

changes will not create new operating

conditions or a new plant configuration

that could lead to a new or different

type of accident.

6. The proposed amendment will not

result in a significant reduction in any

margin of safety.

A definition for completion time and

the definition for a maximum time

interval for repetitive actions were not

formally defined in the past and were

subject to interpretation. The addition of

these definitions for completion time

and the maximum time interval for

repetitive actions provides more

formality for the conduct of plant

operations. The proposed changes cause

no reductions in the margins of safety.

7. The proposed amendment will not

result in an overall decrease in the

effectiveness of the plant’s safety,

safeguards or security programs.

The proposed amendment to include

a definition for completion time and to

define the maximum time interval for

repetitive actions provides more

formality for the conduct of plant

operations. The effectiveness of the

safety, safeguards, and security

programs is not decreased.

Effective date: 30 days after issuance

Certificate of Compliance No. GDP–1:

Amendment will incorporate a new

Technical Safety Requirement, a revised

Technical Safety Requirement and

Safety Analysis Report changes.

Local Public Document Room

location: Paducah Public Library, 555

Washington Street, Paducah, Kentucky

42003.

Dated at Rockville, Maryland, this 28th day

of March 1997.

For the Nuclear Regulatory Commission.

Carl J. Paperiello,

Director, Office of Nuclear Material Safety

and Safeguards.

[FR Doc. 97–8831 Filed 4–4–97; 8:45 am]

BILLING CODE 7590–01–P

NUCLEAR REGULATORY

COMMISSION

Commonwealth of Massachusetts:

Discontinuance of Certain Commission

Regulatory Authority Within the

Commonwealth

AGENCY: Nuclear Regulatory

Commission.

ACTION: Notice of agreement with the

Commonwealth of Massachusetts.

SUMMARY: Notice is hereby given that

Shirley Ann Jackson, Chairman of the

U.S. Nuclear Regulatory Commission

(NRC) and William F. Weld, Governor of

the Commonwealth of Massachusetts,

have signed the Agreement set forth

below for the discontinuance by the

Commission and assumption by the

Commonwealth of certain Commission

regulatory authority. The Agreement is

published pursuant to Section 274 of

the Atomic Energy Act of 1954, as

amended. Under the Agreement, certain

persons would be exempted from

certain of the regulatory requirements of

the Commission. The pertinent

exemptions have been previously

published in the Federal Register and

are codified in the Commission’s

regulations as 10 CFR part 150.

FOR FURTHER INFORMATION CONTACT:

Richard L. Blanton, Office of State

Programs, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001. Telephone (301) 415–2322 or email RLB@NRC.GOV.

The draft of the Agreement was

published in the Federal Register for

comment on four separate dates (see,

e.g. 61 FR 68066, December 26, 1996).

One comment was received which

requested that NRC retain jurisdiction

over a site listed on the Site

Decommissioning Management Plan

(SDMP) until the NRC license for the

site is terminated. NRC expedited the

actions necessary to terminate the

subject SDMP site license and on March

21, 1997, NRC terminated the license

and removed the site from the SDMP

list.

Appendix—Text of the Agreement

Agreement Between the United States

Nuclear Regulatory Commission and

the Commonwealth of Massachusetts

for the Discontinuance of Certain

Commission Regulatory 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 (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

by-product 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

Commonwealth of Massachusetts is

authorized under Massachusetts General

Laws, Chapter 111H, to enter into this

Agreement with the Commission; and,

Whereas, The Governor of the

Commonwealth of Massachusetts

certified on March 28, 1996, that the

Commonwealth of Massachusetts

(hereinafter referred to as 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

March 3, 1997, that the program of the

Commonwealth 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 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
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