[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14821-14823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7283]


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NUCLEAR REGULATORY COMMISSION

[NRC-2008-0607]


Commonwealth of Virginia: Discontinuance of Certain Commission 
Regulatory Authority Within the State; Notice of Agreement Between the 
NRC and the Commonwealth of Virginia; Notice of Waiver Termination

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Notice of Agreement between the U.S. Nuclear Regulatory 
Commission and the Commonwealth of Virginia.

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SUMMARY: This notice is announcing that on March 4, 2009, Dr. Dale E. 
Klein, Chairman of the U.S. Nuclear Regulatory Commission (NRC), and on 
March 18, 2009, Governor Timothy M. Kaine of the Commonwealth of 
Virginia signed an Agreement as authorized by Section 274b of the 
Atomic Energy Act of 1954, as amended (the Act). The Agreement provides 
for the Commission to discontinue its regulatory authority and for 
Virginia to assume regulatory authority over the possession and use of 
byproduct material as defined in Sections 11e.(1), 11e.(2), 11e.(3), 
and 11e.(4) of the Act, source material, and special nuclear materials 
(in quantities not sufficient to form a critical mass). Under the 
Agreement, a person in Virginia 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.
    Notice of Waiver Termination: On March 31, 2009, the Commission 
terminated the time-limited waivers of the Energy Policy Act of 2005 
requirements granted by the Commission (70 FR 51581; August 31, 2005) 
to Virginia for byproduct material as defined in Sections 11e.(3), and 
11e.(4) of the Act.

FOR FURTHER INFORMATION CONTACT: Monica Orendi, Division of Materials 
Safety and State Agreements, Office of Federal and State Materials and 
Environmental Management Programs, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001. Telephone (301) 415-3938; e-mail: 
<a href="/cdn-cgi/l/email-protection#6b06040502080a4504190e050f022b051908450c041d"><span class="__cf_email__" data-cfemail="365b59585f55571859445358525f7658445518515940">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The NRC published the draft Agreement in the 
FR for comment once each week for 4 consecutive weeks on November 20, 
2008 (73 FR 70384), November 26, 2008

[[Page 14822]]

(73 FR 72080), December 4, 2008 (73 FR 73961), and December 11, 2008 
(73 FR 75470) as required by the Act. The public comment period ended 
on December 22, 2008. The Commission received one comment letter. The 
comment did not affect the NRC staff's assessment, which finds that the 
Virginia Agreement materials program is adequate to protect public 
health and safety and compatible with the NRC's program. The proposed 
Virginia Agreement is consistent with Commission policy and thus meets 
the criteria for an Agreement with the Commission.
    After considering the request for an Agreement by the Governor of 
Virginia, the supporting documentation submitted with the request for 
an Agreement, and its interactions with the staff of the Virginia 
Department of Health, the NRC staff completed an assessment of the 
Virginia program. The agency made a copy of the staff assessment 
available in the NRC's Public Document Room (PDR) and electronically on 
NRC's Web site. Based on the staff's assessment, the Commission 
determined on February 27, 2009, that the proposed Virginia program for 
control of radiation hazards is adequate to protect public health and 
safety, and compatible with the Commission's program.
    Documents may be examined, and/or copied for a fee, at the NRC's 
PDR, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland. Documents referred to in this notice and 
other publicly available documents are available electronically at the 
NRC's Public Electronic Reading Room on the Internet at the NRC Web 
site, http://www.nrc.gov/reading-rm/adams.html. From this site, the 
public can gain entry into the NRC's Agencywide Documents Access and 
Management System (ADAMS), which provides text and image files of NRC's 
public documents. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
PDR Reference staff at 1-800-397-4209, 301-415-4737 or by e-mail to 
<a href="/cdn-cgi/l/email-protection#80f0e4f2aef2e5f3eff5f2e3e5c0eef2e3aee7eff6"><span class="__cf_email__" data-cfemail="5e2e3a2c702c3b2d312b2c3d3b1e302c3d70393128">[email protected]</span></a>.

    Dated at Rockville, Maryland, this 26th day of March 2009.

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

An Agreement Between the United States Nuclear Regulatory Commission 
and the Commonwealth of Virginia 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 (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 Virginia is authorized 
under the Code of Virginia Section 32.1-235, to enter into this 
Agreement with the Commission; and,
    Whereas, The Governor of the Commonwealth of Virginia certified on 
June 12, 2008, that the Commonwealth of Virginia (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 February 27, 2009 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 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; and
    5. Special nuclear materials in quantities not sufficient to form a 
critical mass.

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;

[[Page 14823]]

    6. The regulation of byproduct material as defined in Section 
11e.(2) of the Act;
    7. The regulation of the land disposal of byproduct, source, or 
special nuclear material waste received from other persons.

Article III

    With the exception of those activities identified in Article II.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 Commonwealth 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 March 31, 2009, and shall 
remain in effect unless and until such time as it is terminated 
pursuant to Article VIII.

    Done at Rockville, MD, in triplicate, this 4th day of March 
2009.

    For The United States Nuclear Regulatory Commission.

Dale E. Klein,
Chairman.

    Done at Richmond, Virginia, in triplicate this 18th day of March 
2009.

    For The Commonwealth of Virginia.

Timothy M. Kaine,
Governor.

 [FR Doc. E9-7283 Filed 3-31-09; 8:45 am]
BILLING CODE 7590-01-P


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