Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 25283 

established to preside over the following 

proceeding: Detroit Edison Company, 

Fermi Power Plant, (Independent Spent 

Fuel Storage Installation). 

This proceeding concerns a Petition to 

Intervene dated May 7, 2009 from 

Beyond Nuclear, et al., that was 

submitted in response to an April 17, 

2009 notice issued by the NRC Staff that 

provided the Issuance of Order for 

Implementation of Additional Security 

Measures and Fingerprinting for 

Unescorted Access to Detroit Edison 

Company (74 FR 17,890). 

The Board is comprised of the 

following administrative judges: 

Ronald M. Spritzer, Chair, Atomic 

Safety and Licensing Board Panel, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

Michael F. Kennedy, Atomic Safety and 

Licensing Board Panel, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

Randall J. Charbeneau, Atomic Safety 

and Licensing Board Panel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

All correspondence, documents, and 

other materials shall be filed in 

accordance with the NRC E-Filing Rule, 

which the NRC promulgated in August 

2007 (72 FR 49,139). 

Issued at Rockville, Maryland, this 20th 

day of May 2009. 

E. Roy Hawkens, 

Chief Administrative Judge, Atomic Safety 

and Licensing Board Panel. 

[FR Doc. E9–12279 Filed 5–26–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Sunshine Federal Register Notice 

AGENCY HOLDING THE MEETINGS: Nuclear 

Regulatory Commission. 

DATES: Weeks of May 25, June 1, 8, 15, 

22, 29, 2009. 

PLACE: Commissioners’ Conference 

Room, 11555 Rockville Pike, Rockville, 

Maryland. 

STATUS: Public and Closed. 

Week of May 25, 2009 

Wednesday, May 27, 2009 

9:30 a.m. Briefing on External Safety 

Culture (Public Meeting) (Contact: 

Stewart Magruder, 301–415–8730) 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Wednesday, May 27, 2009 

1:30 p.m. Briefing on Internal Safety 

Culture (Public Meeting) (Contact: 

June Cai, 301–415–5192) 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Week of June 1, 2009—Tentative 

Wednesday, June 3, 2009 

9:30 a.m. Briefing on New Reactor 

Issues—Component Fabrication and 

Oversight—Part 1 (Public Meeting) 

1:30 p.m. Briefing on New Reactor 

Issues—Component Fabrication and 

Oversight—Part 2 (Public Meeting) 

(Contact for both parts: Roger Rihm, 

301–415–7807) 

Both parts of this meeting will be 

webcast live at the Web address— 

www.nrc.gov. 

Thursday, June 4, 2009 

9:30 a.m. Briefing on Digital 

Instrumentation and Control (Public 

Meeting) (Contact: Steve Arndt, 

301–415–6502) 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

1:30 p.m. Meeting with the Advisory 

Committee on Reactor Safeguards 

(Public Meeting) (Contact: Tanny 

Santos, 301–415–7270) 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Week of June 8, 2009—Tentative 

There are no meetings scheduled for 

the week of June 8, 2009. 

Week of June 15, 2009—Tentative 

There are no meetings scheduled for 

the week of June 15, 2009. 

Week of June 22, 2009—Tentative 

Thursday, June 25, 2009 

1:30 p.m. Meeting with Advisory 

Committee on the Medical Uses of 

Isotopes (Public Meeting) (Contact: 

Ashley Cockerham, 240–888–7129) 

This meeting will be webcast live at 

the Web address—www.nrc.gov. 

Friday, June 26, 2009 

9:30 a.m. Discussion of Security Issues 

(Closed—Ex. 3) 

Week of June 29, 2009—Tentative 

There are no meetings scheduled for 

the week of June 29, 2009. 

* * * * * 

*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: 

Rochelle Bavol, (301) 415–1651. 

* * * * * 

Additional Information 

The Briefing on Fire Protection 

Closure Plan previously scheduled on 

Thursday, May 28, 2009, at 9:30 a.m. 

has been postponed. 

* * * * * 

The NRC Commission Meeting 

Schedule can be found on the Internet 

at: www.nrc.gov/about-nrc/policymaking/schedule.html. 

* * * * * 

The NRC provides reasonable 

accommodation to individuals with 

disabilities where appropriate. If you 

need a reasonable accommodation to 

participate in these public meetings, or 

need this meeting notice or the 

transcript or other information from the 

public meetings in another format (e.g. 

braille, large print), please notify the 

NRC’s Disability Program Coordinator, 

Rohn Brown, at 301–492–2279, TDD: 

301–415–2100, or by e-mail at 

rohn.brown@nrc.gov. Determinations on 

requests for reasonable accommodation 

will be made on a case-by-case basis. 

* * * * * 

This notice is distributed 

electronically to subscribers. If you no 

longer wish to receive it, or would like 

to be added to the distribution, please 

contact the Office of the Secretary, 

Washington, DC 20555 (301–415–1969), 

or send an e-mail to 

darlene.wright@nrc.gov. 

Dated: May 21, 2009. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. E9–12373 Filed 5–22–09; 11:15 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0142] 

State of New Jersey: NRC Staff 

Assessment of a Proposed Agreement 

Between the Nuclear Regulatory 

Commission and the State of New 

Jersey 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of a proposed Agreement 

with the State of New Jersey. 

SUMMARY: By letter dated October 16, 

2008, Governor Jon S. Corzine of New 

Jersey requested that the U. S. Nuclear 

Regulatory Commission (NRC or 

Commission) enter into an Agreement 

with the State of New Jersey (State or 

New Jersey) as authorized by Section 

274 of the Atomic Energy Act of 1954, 

as amended (Act). 

Under the proposed Agreement, the 

Commission would relinquish, and the 

State would assume, portions of the 

Commission’s regulatory authority 

exercised within the State. As required 


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25284 Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 

by the Act, the NRC is publishing the 

proposed Agreement for public 

comment. The NRC is also publishing 

the summary of an assessment by the 

NRC staff of the State’s regulatory 

program. Comments are requested on 

the proposed Agreement, especially its 

effect on public health and safety. 

Comments are also requested on the 

NRC staff assessment, the adequacy of 

the State’s program, and the State’s 

program staff, as discussed in this 

notice. 

The proposed Agreement would 

exempt persons who possess or use 

certain radioactive materials in the State 

from portions of the Commission’s 

regulatory authority. The Act requires 

that the NRC publish those exemptions. 

Notice is hereby given that the pertinent 

exemptions have been previously 

published in the Federal Register and 

are codified in the Commission’s 

regulations as 10 CFR Part 150. 

DATES: The comment period ends June 

26, 2009. Comments received after this 

date will be considered if it is practical 

to do so, but the Commission cannot 

assure consideration of comments 

received after the comment period ends. 

ADDRESSES: Written comments may be 

submitted to Mr. Michael T. Lesar, 

Chief, Rulemaking and Directives 

Branch, MS TWB–05–B01M, Division of 

Administrative Services, Office of 

Administration, Washington, DC 20555– 

0001. Members of the public are invited 

and encouraged to submit comments 

electronically to http:// 

www.regulations.gov. Search on Docket 

ID: [NRC–2009–0142] and follow the 

instructions for submitting comments. 

The NRC maintains an Agencywide 

Documents Access and Management 

System (ADAMS), which provides text 

and image files of NRC’s public 

documents. The documents may be 

accessed through the NRC’s Public 

Electronic Reading Room on the Internet 

at http://www.nrc.gov/reading-rm/ 

adams.html. If you do not have access 

to ADAMS or if there are problems in 

accessing the documents located in 

ADAMS, contact the NRC Public 

Document Room (PDR) reference staff at 

(800) 397–4209, or (301) 415–4737, or 

by e-mail to pdr.resource@nrc.gov. 

Copies of comments received by NRC 

may be examined at the NRC Public 

Document Room, 11555 Rockville Pike, 

Public File Area O–1–F21, Rockville, 

Maryland. Copies of the request for an 

Agreement by the Governor of New 

Jersey including all information and 

documentation submitted in support of 

the request, and copies of the full text 

of the NRC Draft Staff Assessment are 

also available for public inspection in 

the NRC’s Public Document RoomADAMS Accession Numbers: 

ML090510713, ML090510708, 

ML090510709, ML090510710, 

ML090510711, ML090510712, 

ML090770116, and ML091400097. 

FOR FURTHER INFORMATION CONTACT: 

Torre Taylor, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. Telephone (301) 415– 

7900 or e-mail to torre.taylor@nrc.gov. 

SUPPLEMENTARY INFORMATION: Since 

Section 274 of the Act was added in 

1959, the Commission has entered into 

Agreements with 36 States. The 

Agreement States currently regulate 

approximately 19,000 Agreement 

material licenses, while the NRC 

regulates approximately 3,400 licenses. 

Under the proposed Agreement, 

approximately 500 NRC licenses will 

transfer to the State. The NRC 

periodically reviews the performance of 

the Agreement States to assure 

compliance with the provisions of 

Section 274. 

Section 274e requires that the terms of 

the proposed Agreement be published 

in the Federal Register for public 

comment once each week for four 

consecutive weeks. This notice is being 

published in fulfillment of that 

requirement. 

I. Background 

(a) Section 274b of the Act provides 

the mechanism for a State to assume 

regulatory authority from the NRC over 

certain radioactive materials and 

activities that involve use of the 

materials. The radioactive materials, 

sometimes referred to as ‘‘Agreement 

materials,’’ are: (a) byproduct materials 

as defined in Section 11e.(1) of the Act; 

(b) byproduct materials as defined in 

Section 11e.(2) of the Act; (c) byproduct 

materials as defined in Section 11e.(3) 

of the Act; (d) byproduct materials as 

defined in Section 11e.(4) of the Act; (e) 

source materials; and (f) special nuclear 

materials, restricted to quantities not 

sufficient to form a critical mass. 

In a letter dated October 16, 2008, 

Governor Corzine certified that the State 

of New Jersey has a program for the 

control of radiation hazards that is 

adequate to protect public health and 

safety within New Jersey for the 

materials and activities specified in the 

proposed Agreement, and that the State 

desires to assume regulatory 

responsibility for these materials and 

activities. Included with the letter was 

the text of the proposed Agreement, 

which is shown in Appendix A to this 

notice. 

The radioactive materials and 

activities (which together are usually 

referred to as the ‘‘categories of 

materials’’) that the State requests 

authority over are: 

(1) The possession and use of 

byproduct materials as defined in 

section 11e.(1) of the Act; 

(2) The possession and use of 

byproduct materials as defined in 

section 11e.(3) of the Act; 

(3) The possession and use of 

byproduct materials as defined in 

section 11e.(4) of the Act; 

(4) The possession and use of source 

materials; 

(5) The possession and use of special 

nuclear materials in quantities not 

sufficient to form a critical mass; and 

(6) The regulation of the land disposal 

of byproduct, source, or special nuclear 

waste materials received from other 

persons. 

(b) The proposed Agreement contains 

articles that: 

(i) Specify the materials and activities 

over which authority is transferred; 

(ii) Specify the activities over which 

the Commission will retain regulatory 

authority; 

(iii) Continue the authority of the 

Commission to safeguard nuclear 

materials and restricted data; 

(iv) Commit the State and NRC to 

exchange information as necessary to 

maintain coordinated and compatible 

programs; 

(v) Provide for the reciprocal 

recognition of licenses; 

(vi) Provide for the suspension or 

termination of the Agreement; and 

(vii) Specify the effective date of the 

proposed Agreement. 

The Commission reserves the option 

to modify the terms of the proposed 

Agreement in response to comments, to 

correct errors, and to make editorial 

changes. The final text of the 

Agreement, with the effective date, will 

be published after the Agreement is 

approved by the Commission and 

signed by the NRC Chairman and the 

Governor of New Jersey. 

(c) The regulatory program is 

authorized by law under the New Jersey 

Statute N.J.S.A. 26:2D–1, the Radiation 

Protection Act, which provides the 

Governor with the authority to enter 

into an Agreement with the 

Commission. New Jersey law contains 

provisions for the orderly transfer of 

regulatory authority over affected 

licensees from the NRC to the State. 

After the effective date of the 

Agreement, licenses issued by NRC 

would continue in effect as State 

licenses until the licenses expire or are 

replaced by State-issued licenses. 


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Federal Register / Vol. 74, No. 100 / Wednesday, May 27, 2009 / Notices 25285 

The State currently regulates the users 

of naturally occurring and acceleratorproduced radioactive materials (NARM). 

The Energy Policy Act of 2005 (EPAct) 

expanded the Commission’s regulatory 

authority over byproduct materials as 

defined in Sections 11e.(3) and 11e.(4) 

of the Act, to include certain naturally 

occurring and accelerator-produced 

radioactive materials. On August 31, 

2005, the Commission issued a timelimited waiver (70 FR 51581) of the 

EPAct requirements, which is effective 

through August 7, 2009. A plan to 

facilitate an orderly transition of 

regulatory authority with respect to 

byproduct material as defined in 

Sections 11e.(3) and 11e.(4) was noticed 

in the Federal Register on October 19, 

2007 (72 FR 59158). Under the proposed 

Agreement, the State would assume 

regulatory authority for these 

radioactive materials. The State has 

proposed an effective date for the 

Agreement of no later than September 

30, 2009. If the proposed Agreement is 

approved before August 7, 2009, the 

Commission would terminate the timelimited waiver in the State coincident 

with the effective date of the Agreement. 

However, if the Agreement is not 

approved prior to this date, NRC would 

have jurisdictional authority over all 

uses of byproduct material within the 

State. These licensees would have to 

meet NRC regulatory requirements and 

would have 6 months to apply for any 

necessary amendments to an NRC 

license they already possess, or 12 

months to apply for a new NRC license, 

if needed. 

With the effective date of the New 

Jersey Agreement having the potential to 

occur after the expiration of the timelimited waiver, staff is working to 

ensure an efficient transition of NARM 

licensees in New Jersey within the legal 

requirements. The staff’s objective is to 

minimize the impact to NARM licensees 

in New Jersey during the transition to 

NRC and then back to New Jersey’s 

regulatory authority, within a short 

timeframe (i.e., about 7 weeks). 

(d) The NRC draft staff assessment 

finds that the New Jersey Department of 

Environmental Protection (NJDEP), 

Bureau of Environmental Radiation 

(BER), is adequate to protect public 

health and safety and is compatible with 

the NRC program for the regulation of 

Agreement materials. 

II. Summary of the NRC Staff 

Assessment of the State’s Program for 

the Control of Agreement Materials 

The NRC staff has examined the 

State’s request for an Agreement with 

respect to the ability of the radiation 

control program to regulate Agreement 

materials. The examination was based 

on the Commission’s policy statement 

‘‘Criteria for Guidance of States and 

NRC in Discontinuance of NRC 

Regulatory Authority and Assumption 

Thereof by States Through Agreement,’’ 

(46 FR 7540; January 23, 1981, as 

amended by Policy Statements 

published at 46 FR 36969; July 16, 1981 

and at 48 FR 33376; July 21, 1983), and 

the Office of Federal and State Materials 

and Environmental Management 

Programs (FSME) Procedure SA–700, 

‘‘Processing an Agreement’’ (available at 

http://nrc-stp.ornl.gov/procedures/

sa700.pdf and http://nrc-stp.ornl.gov/

procedures/sa700_hb.pdf). 

(a) Organization and Personnel. The 

Agreement materials program will be 

located within the existing BER of the 

NJDEP. The BER will be responsible for 

all regulatory activities related to the 

proposed Agreement. 

The educational requirements for the 

BER staff members are specified in the 

State’s personnel position descriptions, 

and meet the NRC criteria with respect 

to formal education or combined 

education and experience requirements. 

All current staff members hold a 

bachelor of science degree in physical or 

life sciences, with many staff holding a 

master of science degree in radiation 

science. All have had training and work 

experience in radiation protection. 

Supervisory level staff has at least 5 

years of working experience in radiation 

protection, with most having greater 

than 10 years of experience. 

The State performed an analysis of the 

expected workload under the proposed 

Agreement. Based on the NRC staff 

review of the State’s staff analysis, the 

State has an adequate number of staff to 

regulate radioactive materials under the 

terms of the Agreement. The State will 

employ a staff with the equivalent of 

13.25 full-time professional/technical 

and administrative employees for the 

Agreement materials program. 

The State has indicated that the BER 

has an adequate number of trained and 

qualified staff in place. The State has 

developed qualification procedures for 

license reviewers and inspectors which 

are similar to the NRC’s procedures. The 

technical staff is accompanying NRC 

staff on inspections of NRC licensees in 

New Jersey. BER staff is also actively 

supplementing their experience through 

direct meetings, discussions, and 

facility visits with NRC licensees in the 

State, and through self-study, in-house 

training, and formal training. 

Overall, the NRC staff concluded that 

the BER technical staff identified by the 

State to participate in the Agreement 

materials program has sufficient 

knowledge and experience in radiation 

protection, the use of radioactive 

materials, the standards for the 

evaluation of applications for licensing, 

and the techniques of inspecting 

licensed users of Agreement materials. 

(b) Legislation and Regulations. In 

conjunction with the rulemaking 

authority vested in the New Jersey 

Commission on Radiation Protection 

(N.J.S.A. 26:2D–7), the BER has the 

requisite authority to promulgate 

regulations for protection against 

radiation. The law provides BER the 

authority to issue licenses and orders, 

conduct inspections, and to enforce 

compliance with regulations, license 

conditions, and orders. Licensees are 

required to provide access to inspectors. 

The NRC staff verified that the State 

adopted the relevant NRC regulations in 

10 CFR Parts 19, 20, 30, 31, 32, 33, 34, 

35, 36, 39, 40, 61, 70, 71, and 150 into 

New Jersey Administrative Code, Title 

7, Chapter 28. The NRC staff also 

approved two license conditions to 

implement Increased Controls and 

Fingerprinting and Criminal History 

Records Check requirements for risksignificant radioactive materials for 

certain State licensees under the 

proposed Agreement. These license 

conditions will replace the Orders that 

NRC issued (EA–05–090 and EA–07– 

305) to these licensees that will transfer 

to the State. Therefore, on the proposed 

effective date of the Agreement, the 

State will have adopted an adequate and 

compatible set of radiation protection 

regulations that apply to byproduct, 

source, and special nuclear materials in 

quantities not sufficient to form a 

critical mass. The NRC staff also verified 

that the State will not attempt to enforce 

regulatory matters reserved to the 

Commission. 

(c) Storage and Disposal. The State 

has adopted NRC compatible 

requirements for the handling and 

storage of radioactive material. The 

State is requesting authority to regulate 

the land disposal of byproduct, source, 

and special nuclear waste materials 

received from other persons. The State 

waste disposal requirements cover the 

preparation, classification, and 

manifesting of radioactive waste 

generated by State licensees for transfer 

for disposal to an authorized waste 

disposal site or broker. The State has 

adopted the regulations for a land 

disposal site but does not expect to need 

to implement them in the near future 

since the State is a member of the 

Atlantic Compact and has access to the 

waste disposal site, EnergySolutions 

Barnwell Operations, located in 

Barnwell, South Carolina. 

(d) Transportation of Radioactive 

Material. The State has adopted 


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compatible regulations to the NRC 

regulations in 10 CFR Part 71. Part 71 

contains the requirements licensees 

must follow when preparing packages 

containing radioactive material for 

transport. Part 71 also contains 

requirements related to the licensing of 

packaging for use in transporting 

radioactive materials. The State will not 

attempt to enforce portions of the 

regulations related to activities, such as 

approving packaging designs, which are 

reserved to NRC. 

(e) Recordkeeping and Incident 

Reporting. The State has adopted 

compatible regulations to the sections of 

the NRC regulations which specify 

requirements for licensees to keep 

records, and to report incidents or 

accidents involving Agreement 

materials. 

(f) Evaluation of License Applications. 

The State has adopted compatible 

regulations to the NRC regulations that 

specify the requirements a person must 

meet to get a license to possess or use 

radioactive materials. The State has also 

developed a licensing procedure 

manual, along with accompanying 

regulatory guides, which are adapted 

from similar NRC documents and 

contain guidance for the program staff 

when evaluating license applications. 

(g) Inspections and Enforcement. The 

State has adopted a schedule providing 

for the inspection of licensees as 

frequently as, or more frequently than, 

the inspection schedule used by the 

NRC. The BER has adopted procedures 

for the conduct of inspections, reporting 

of inspection findings, and reporting 

inspection results to the licensees. The 

State has also adopted procedures for 

the enforcement of regulatory 

requirements. 

(h) Regulatory Administration. The 

State is bound by requirements 

specified in State law for rulemaking, 

issuing licenses, and taking enforcement 

actions. The State has also adopted 

administrative procedures to assure fair 

and impartial treatment of license 

applicants. State law prescribes 

standards of ethical conduct for State 

employees. 

(i) Cooperation with Other Agencies. 

State laws provide for the recognition of 

existing NRC and Agreement State 

licenses. New Jersey has a process in 

place for the transition of active NRC 

licenses. Upon completion of the 

Agreement, all active NRC licenses 

issued to facilities in New Jersey will be 

recognized as NJDEP licenses. New 

Jersey will issue a brief licensing 

document that will include licensee 

specific information, as well as an 

expiration date, with a license condition 

that authorizes receipt, acquisition, 

possession, and transfer of byproduct, 

source, and/or special nuclear material; 

the authorized use(s); purposes; and the 

places of use as designated on the NRC 

license. The license condition will also 

commit the licensee to conduct its 

program in accordance with the NRC 

license and commitments. The NJDEP 

rules will govern unless the statements, 

representations and procedures in the 

licensee’s application and 

correspondence are more restrictive 

than the NJDEP rules. NJDEP will then 

issue full NJDEP licenses, over 

approximately 13 months. 

The State also provides for ‘‘timely 

renewal.’’ This provision affords the 

continuance of licenses for which an 

application for renewal has been filed 

more than 30 days prior to the date of 

expiration of the license. NRC licenses 

transferred while in timely renewal are 

included under the continuation 

provision. New Jersey regulations, in 

N.J.A.C. 28:51.1, provide exemptions 

from the State’s requirements for 

licensing of sources of radiation for NRC 

and U.S. Department of Energy 

contractors or subcontractors. The 

proposed Agreement commits the State 

to use its best efforts to cooperate with 

the NRC and the other Agreement States 

in the formulation of standards and 

regulatory programs for the protection 

against hazards of radiation, and to 

assure that the State’s program will 

continue to be compatible with the 

Commission’s program for the 

regulation of Agreement materials. The 

proposed Agreement stipulates the 

desirability of reciprocal recognition of 

licenses, and commits the Commission 

and the State to use their best efforts to 

accord such reciprocity. 

III. Staff Conclusion 

Section 274d of the Act provides that 

the Commission shall enter into an 

Agreement under Section 274b with any 

State if: 

(a) The Governor of the State certifies 

that the State has a program for the 

control of radiation hazards adequate to 

protect public health and safety with 

respect to the Agreement materials 

within the State, and that the State 

desires to assume regulatory 

responsibility for the Agreement 

materials; and 

(b) The Commission finds that the 

State program is in accordance with the 

requirements of Subsection 274o, and in 

all other respects compatible with the 

Commission’s program for the 

regulation of materials, and that the 

State program is adequate to protect 

public health and safety with respect to 

the materials covered by the proposed 

Agreement. 

The NRC staff has reviewed the 

proposed Agreement, the certification 

by the State of New Jersey in the 

application for an Agreement submitted 

by Governor Corzine on October 16, 

2008, and the supporting information 

provided by NJDEP, BER, and concludes 

that the State of New Jersey satisfies the 

criteria in the Commission’s policy 

statement ‘‘Criteria for Guidance of 

States and NRC in Discontinuance of 

NRC Regulatory Authority and 

Assumption Thereof by States Through 

Agreement,’’ and meets the 

requirements of Section 274 of the Act. 

Therefore, the proposed State of New 

Jersey program to regulate Agreement 

materials, as comprised of statutes, 

regulations, procedures, and staffing is 

compatible with the program of the 

Commission and is adequate to protect 

public health and safety with respect to 

the materials covered by the proposed 

Agreement. 

Dated at Rockville, Maryland, this 20th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

Terrence Reis, 

Deputy Director, National Materials Program 

Directorate, Division of Materials Safety and 

State Agreements, Office of Federal and State 

Materials and Environmental Management 

Programs. 

APPENDIX A 

An Agreement Between the United States 

Nuclear Regulatory Commission and the 

State of New Jersey for the 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 (the Commission) is 

authorized under Section 274 of the Atomic 

Energy Act of 1954, as amended, 42 U.S.C. 

2011 et seq. (hereinafter referred to as 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 State/Commonwealth under 

Chapters 6, 7, and 8, and Section 161 of the 

Act with respect to byproduct materials as 

defined in Sections 11e.(1), (2), (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 State of New 

Jersey is authorized under The Radiation 

Protection Act, N.J.S.A. 26:2D–1, to enter into 

this Agreement with the Commission; and, 

Whereas, The Governor of the State of New 

Jersey certified on October 16, 2008, that the 

State of New Jersey (the State) has a program 

for the control of radiation hazards adequate 

to protect public health and safety with 

respect to the materials within the State 

covered by this Agreement and that the State 

desires to assume regulatory responsibility 

for such materials; and, 


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Whereas, The Commission found on [date] 

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 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 

State acting on 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: 

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; 

5. Special nuclear materials in quantities 

not sufficient to form a critical mass; 

6. The regulation of the land disposal of 

byproduct, source, or special nuclear waste 

materials 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: 

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; 

6. The regulation of byproduct material as 

defined in Section 11e.(2) of the Act. 

Article III 

With the exception of those activities 

identified in Article II, paragraphs 1 through 

4, 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, 

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 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 

[date], and shall remain in effect unless and 

until such time as it is terminated pursuant 

to Article VIII. 

For the United States Nuclear Regulatory 

Commission. 

Gregory B. Jaczko, 

Chairman. 

For the State of New Jersey. 

Jon S. Corzine, 

Governor. 

[FR Doc. E9–12260 Filed 5–26–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 03035282; License No. 37– 

30546–01; EA–08–018, 08–019, 08–020; 

NRC–2009–0216] 

In the Matter of Precision Calibration & 

Testing Corporation, York, PA; Order 

Imposing Civil Monetary Penalty 

I 

In 2007, Precision Calibration & 

Testing Corporation (PCT), was the 

holder of a radiography License No. 37– 

30545–01, issued by the Nuclear 

Regulatory Commission (NRC) on 

September 7, 2006. The License 

authorized possession and storage of 

radioactive material only in accordance 

with the conditions specified therein. 

II 

During two NRC inspections 

conducted from March 23 to August 24, 

2007, and two investigations initiated 

on June 13 and August 23, 2007, both 


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