Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 26739 

at: http://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 28, 2009. 

Rochelle C. Bavol, 

Office of the Secretary. 

[FR Doc. E9–13019 Filed 6–1–09; 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 

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: 


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(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. 

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 naturallyoccurring 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 time 

frame (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. 


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(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 

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, 


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26742 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 

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 27th 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, 

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 


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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. 

Done at Rockville, Maryland this [date] day 

of [month], [year]. 

For the United States Nuclear Regulatory 

Commission. 

Gregory B. Jaczko, 

Chairman. 

Done at Trenton, New Jersey this [date] day 

of [month], [year]. 

For the State of New Jersey. 

Jon S. Corzine, 

Governor. 

[FR Doc. E9–12895 Filed 6–2–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0222] 

Scoping Summary Report for the 

Update of the Generic Environmental 

Impact Statement for License Renewal 

of Nuclear Plants (NUREG–1437) 

On June 3, 2003 (68 FR 33209), the 

U.S. Nuclear Regulatory Commission 

(NRC) issued, for public comment, a 

Notice of Intent to prepare an Update of 

the Generic Environmental Impact 

Statement for License Renewal of 

Nuclear Plants (GEIS), NUREG–1437. In 

accordance with 10 CFR 51.26, the NRC 

conducted scoping meetings and 

collected comments from the public for 

the Update to the License Renewal 

GEIS, NUREG–1437. Subsequently, the 

Commission reopened scoping with a 

notice published in the Federal Register 

on October 3, 2005 (70 FR 57628) to 

encompass any additional comments 

since the original issuance of the Notice 

of Intent. 

The NRC conducted a public scoping 

meeting in each of the four NRC regions 

for the License Renewal GEIS update. 

The public scoping meetings were held 

in Atlanta, Georgia; Chicago, Illinois; 

Anaheim, California; and Boston, 

Massachusetts. The NRC issued public 

scoping meeting summaries on August 

12 and 13, 2003. The official transcripts 

from the public scoping meetings, 

written comments, and meeting 

summaries are available electronically 

for public inspection in the NRC Public 

Document Room (PDR) or from the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS) 

under package Accession Numbers 

ML032170942, ML032260339, 

ML032260715, and ML032170934. The 

scoping period for this update to the 

GEIS closed on September 17, 2003, but 

was subsequently reopened from 

October 3, 2005, to December 30, 2005. 

The NRC staff and its contractor 

reviewed the public scoping meeting 

transcripts and all written materials 

received during the public scoping 

periods and identified individual 

comments. All comments and 

suggestions received orally during the 

scoping meetings, or in writing, were 

considered. 

The NRC staff prepared a Scoping 

Summary Report for the Update of the 

GEIS. This report summarizes 

comments received during the two 

public scoping periods and during four 

public scoping meetings. The 

environmental review process for 

license renewal of nuclear facilities 

continues under the current regulatory 

framework throughout the course of this 

effort. 

In accordance with Title 10 of the 

Code of Federal Regulations Section 

51.29(b), a copy of the Scoping 

Summary Report has been made 

publicly available at the PDR, located at 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852, or 

from ADAMS. The ADAMS Public 

Electronic Reading Room is accessible at 

http://adamswebsearch.nrc.gov/ 

dologin.htm. The Accession Number for 

the Scoping Summary Report is 

ML082960910. Persons who do not have 

access to ADAMS, or who encounter 

problems in accessing the documents 

located in ADAMS, should contact the 

NRC’s PDR reference staff by telephone 

at 1–800–397–4209 or 301–415–4737, or 

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

For further information contact: 

Jennifer Davis, telephone 1–800–368– 

5462, extension 3835, or by e-mail at 

LRGEISUpdate@nrc.gov, Office of the 

Nuclear Reactor Regulation, Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

Dated at Rockville, Maryland, this 26th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

David Wrona, 

Chief, Projects Branch 2, Division of License 

Renewal, Office of Nuclear Reactor 

Regulation. 

[FR Doc. E9–12894 Filed 6–2–09; 8:45 am] 

BILLING CODE 7590–01–P 


PWALKER on PROD1PC71 with NOTICES