Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 48535 

1Subsection 274b. of the AEA authorizes the NRC 

to enter into an agreement by which the NRC 

discontinues and the State assumes regulatory 

authority over some or all of these materials. The 

material over which the State receives regulatory 

authority under such agreement is termed 

‘‘agreement material.’’ 

0008, 1 item, 1 temporary item). Records 

related to technical inspection of 

products. 

5. Department of Defense, Defense 

Logistics Agency (DAA–0361–2017– 

0010, 1 item, 1 temporary item). Records 

related to inventory management. 

6. Department of Defense, Defense 

Logistics Agency (DAA–0361–2017– 

0011, 2 items, 2 temporary items). 

Master files and outputs of an electronic 

information system used to manage 

energy-related products. 

7. Environmental Protection Agency, 

Agency-wide (DAA–0412–2017–0003, 1 

item, 1 temporary item). Electronic 

copies of email records dated prior to 

2007. 

8. Federal Maritime Commission, 

Office of Consumer Affairs and Dispute 

Resolution Services (DAA–0358–2017– 

0004, 5 items, 5 temporary items). 

Records related to dispute resolution 

case files. 

9. Office of Personnel Management, 

Retirement Services (DAA–0478–2017– 

0001, 2 items, 1 temporary item). 

Records related to retirement case files. 

Proposed for permanent retention are 

case files of high profile individuals. 

10. Office of Personnel Management, 

Agency-wide (DAA–0478–2017–0008, 4 

items, 4 temporary items). Records of 

the Voting Rights Program, including 

guidance, procedures, personnel and 

travel records, observer reports, and 

training records. 

11. Securities and Exchange 

Commission, Agency-wide (DAA–0266– 

2017–0002, 1 item, 1 temporary item). 

Electronic data copied or downloaded 

from electronic information systems 

maintained in data marts and data 

warehouses. 

Laurence Brewer, 

Chief Records Officer for the U.S. 

Government. 

[FR Doc. 2017–22543 Filed 10–17–17; 8:45 am] 

BILLING CODE 7515–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2016–0094] 

Agreement State Program Policy 

Statement; Correction 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Revision to policy statement; 

correction. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is correcting a notice 

that was published in the Federal 

Register (FR) on October 6, 2017, 

regarding consolidation of two policy 

statements on the NRC’s Agreement 

State programs. This action is necessary 

to provide the policy statement revision 

which was inadvertently left out of the 

previously published FRN. 

DATES: The correction is effective 

October 18, 2017. 

ADDRESSES: Please refer to Docket ID 

NRC–2016–0094 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly-available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2016–0094. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced (if it is available in 

ADAMS) is provided the first time that 

it is mentioned in this document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Lance Rakovan, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–2589, email: Lance.Rakovan@

nrc.gov. 

SUPPLEMENTARY INFORMATION: In the FR 

on October 6, 2017, in FR Doc. 2017– 

21542, please add the Agreement State 

Program Policy statement. 

The text of the Agreement State 

Program Policy statement is attached. 

Dated at Rockville, Maryland, this 12th day 

of October 2017. 

For the Nuclear Regulatory Commission. 

Helen Chang, 

Acting Branch Chief, Rules, Announcements 

and Directives Branch, Division of 

Administrative Services, Office of 

Administration. 

Attachment 

Agreement State Program Policy Statement 

A. Purpose 

The purpose of this policy statement for 

the Agreement State Program is to describe 

the respective roles and responsibilities of 

the U.S. Nuclear Regulatory Commission 

(NRC) and Agreement States in the 

administration of programs carried out under 

Section 274 of the Atomic Energy Act of 

1954, as amended (AEA).1 Section 274 

provides broad authority for the NRC to 

establish a unique Federal and State 

relationship in the administration of 

regulatory programs for the protection of 

public health and safety in the industrial, 

medical, commercial, and research uses of 

agreement material. This policy statement 

supersedes the September 1997 ‘‘Policy 

Statement on Adequacy and Compatibility of 

Agreement State Programs’’ and ‘‘Statement 

of Principles and Policy for the Agreement 

State Program.’’ 

This policy statement addresses the 

Federal-State interaction under the AEA to 

(1) establish and maintain agreements with 

States under Subsection 274b. that provide 

for discontinuance by the NRC, and the 

assumption by the State, of responsibility for 

administration of a regulatory program for 

the safe use of agreement material; (2) ensure 

that post-agreement interactions between the 

NRC and Agreement State radiation control 

programs are coordinated; and (3) ensure 

Agreement States provide adequate 

protection of public health and safety and 

maintain programs that are compatible with 

the NRC’s regulatory program. 

Although not defined in the AEA, the 

National Materials Program (NMP) is a term 

used to describe the broad collective effort 

within which both the NRC and the 

Agreement States function in carrying out 

their respective regulatory programs for 

agreement material. The vision of the NMP 

is to provide a coherent national system for 

the regulation of agreement material with the 

goal of protecting public health and safety 

through compatible regulatory programs. 

Through the NMP, the NRC and Agreement 

States function as regulatory partners. 

B. Background 

This policy statement is intended solely as 

guidance for the NRC and the Agreement 

States in the implementation of the 

Agreement State Program. This policy 

statement does not itself impose legally 

binding requirements on the Agreement 

States. In addition, nothing in this policy 


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2For the purposes of this policy statement, 

‘‘Commission’’ means the five member Commission 

or a quorum thereof sitting as a body, as provided 

by Section 201 of the Energy Reorganization Act of 

1974 (42 U.S.C. 5841). 

statement expands the legal authority of 

Agreement States beyond that already 

granted to them by Section 274 of the AEA 

and other relevant legal authority; nor does 

this policy statement diminish or constrain 

the NRC’s authority under the AEA. 

Implementation procedures adopted 

pursuant to this policy statement shall be 

consistent with the legal authorities of the 

NRC and the Agreement States. 

This policy statement presents the NRC’s 

policy for determining the adequacy and 

compatibility of Agreement State programs. 

This policy statement clarifies the meaning 

and use of the terms ‘‘adequate to protect 

public health and safety’’ and ‘‘compatible 

with the NRC’s regulatory program’’ as 

applied to Agreement State programs. The 

terms ‘‘adequate’’ and ‘‘compatible’’ 

represent fundamental concepts in the 

Agreement State programs authorized in 

1959 by Section 274 of the AEA. Subsection 

274d. states that the NRC shall enter into an 

Agreement under Subsection 274b. that 

discontinues the NRC’s regulatory authority 

over specified AEA radioactive materials and 

activities within a State, provided that the 

State’s program is adequate to protect public 

health and safety and is compatible with the 

NRC’s regulatory program. Subsection 274g. 

authorizes and directs the NRC to cooperate 

with States in the formulation of standards to 

assure that State and NRC programs for 

protection against hazards of radiation will 

be coordinated and compatible. Subsection 

274j.(1) requires the NRC to periodically 

review the Agreements and actions taken by 

States under the Agreements to ensure 

compliance with the provisions of Section 

274. 

The NRC and Agreement State radiation 

control programs maintain regulatory 

authority for the safe and secure handling, 

use, and storage of agreement material. These 

programs have always included the security 

of agreement material as an integral part of 

their health and safety mission as it relates 

to controlling and minimizing the risk of 

exposure to workers and the public. 

Following the events of September 11, 2001, 

the NRC and Agreement States developed 

and implemented enhanced security 

measures. For the purposes of this policy 

statement, public health and safety includes 

the physical protection of agreement 

material. 

C. Statement of Legislative Intent 

In 1954, the AEA did not initially specify 

a role for the States in regulating the use of 

nuclear material. Many States were 

concerned as to what their responsibilities in 

this area might be and expressed interest in 

clearly defining the boundaries of Federal 

and State authority over nuclear material. 

This need for clarification was particularly 

important in view of the fact that although 

the Federal Government retained sole 

responsibility for protecting public health 

and safety from the radiation hazards of AEA 

radioactive materials—defined as byproduct, 

source, and special nuclear material—the 

States maintained the responsibility for 

protecting the public from the radiation 

hazards of other sources such as x-ray 

machines and naturally occurring radioactive 

material. 

Consequently, in 1959, Congress enacted 

Section 274 of the AEA to establish a 

statutory framework under which States 

could assume, and the NRC could 

discontinue, regulatory authority over 

byproduct, source, and small quantities of 

special nuclear material insufficient to form 

a critical mass. The NRC continued to retain 

regulatory authority over the licensing of 

certain facilities and activities, including 

nuclear reactors, quantities of special nuclear 

material sufficient to form a critical mass, the 

export and import of nuclear materials, and 

matters related to common defense and 

security. 

The legislation did not authorize a 

wholesale, immediate relinquishment or 

abdication by the Commission 2 of its 

regulatory responsibilities but only a gradual, 

carefully considered turnover. Congress 

recognized that the Federal Government 

would need to assist the States to ensure that 

they developed the capability to exercise 

their regulatory authority in a competent and 

effective manner. Accordingly, the legislation 

authorized the NRC to provide training, with 

or without charge, and other services to State 

officials and employees as the Commission 

deems appropriate. However, in rendering 

this assistance, Congress did not intend that 

the NRC would provide any grants to a State 

for the administration of a State regulatory 

program. This was fully consistent with the 

objectives of Section 274 to qualify States to 

assume independent regulatory authority 

over certain defined areas under their 

Agreement and to permit the NRC to 

discontinue its regulatory responsibilities in 

those areas. 

In order to discontinue its authority, the 

NRC must find that the State program is 

adequate to protect public health and safety 

and compatible with the NRC program for the 

regulation of agreement material. In addition, 

the NRC has an obligation, pursuant to 

Subsection 274j. of the AEA, to periodically 

review existing Agreement State programs to 

ensure continued adequacy and 

compatibility. Subsection 274j. of the AEA 

provides that the NRC may terminate or 

suspend all or part of its agreement with a 

State if the NRC finds that such termination 

is necessary to protect public health and 

safety or that the State has not complied with 

the provisions of Subsection 274j. In these 

cases, the NRC must offer the State 

reasonable notice and opportunity for a 

hearing. In cases where the State has 

requested termination of the agreement, 

notice and opportunity for a hearing are not 

necessary. In addition, the NRC may 

temporarily suspend all or part of an 

agreement in the case of an emergency 

situation. 

D. Program Implementation 

1. Implementation of the Agreement State 

Program is described below and includes (a) 

Principles of Good Regulation; (b) 

performance evaluation on a consistent and 

systematic basis; (c) the responsibility to 

ensure adequate protection of public health 

and safety, including physical protection of 

agreement material; (d) compatibility in areas 

of national interest; and (e) sufficient 

flexibility in program implementation and 

administration to accommodate individual 

State needs. 

i. Principles of Good Regulation 

In 1991, the Commission adopted the 

‘‘Principles of Good Regulation’’ to serve as 

a guide to both agency decision making and 

the individual behavior of NRC employees. 

There are five Principles of Good Regulation: 

Independence, openness, efficiency, clarity, 

and reliability. Adherence to these principles 

has helped to ensure that the NRC’s 

regulatory activities have been of the highest 

quality and are appropriate and consistent. 

The ‘‘Principles of Good Regulation’’ 

recognize that strong, vigilant management 

and a desire to improve performance are 

prerequisites for success, for both regulators 

and the regulated industry. The NRC’s 

implementation of these principles has 

served the public, the Agreement States, and 

the regulated community well. Such 

principles are useful as a part of a common 

culture of the NMP that the NRC and the 

Agreement States share as co-regulators. 

Accordingly, the NRC encourages each 

Agreement State to adopt a similar set of 

principles for use in its own regulatory 

program. These principles should be 

incorporated into the day-to-day operational 

fabric of the NMP. 

ii. Performance Evaluation 

To ensure that Agreement State programs 

continue to provide adequate protection of 

public health and safety and are compatible 

with the NRC’s regulatory program, periodic 

program evaluation is needed. The NRC, in 

cooperation with the Agreement States, 

established and implemented the Integrated 

Materials Performance Evaluation Program 

(IMPEP). The IMPEP is a performance 

evaluation process that provides the NRC and 

Agreement State management with 

systematic and integrated evaluations of the 

strengths and weaknesses of their respective 

radiation control programs and identification 

of areas needing improvement. 

iii. Adequate to Protect Public Health and 

Safety 

The NRC and the Agreement States have 

the responsibility to ensure adequate 

protection of public health and safety in the 

administration of their respective regulatory 

programs, including physical protection of 

agreement material. Accordingly, the NRC 

and Agreement State programs shall possess 

the requisite supporting legislative authority, 

implementing organization structure and 

procedures, and financial and human 

resources to effectively administer a radiation 

control program that ensures adequate 

protection of public health and safety. 

iv. Compatible in Areas of National Interest 

The NRC and the Agreement States have 

the responsibility to ensure that the radiation 

control programs are compatible. Such 

radiation control programs should be based 

on a common regulatory philosophy 

including the common use of definitions and 

standards. The programs should be effective 


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and cooperatively implemented by the NRC 

and the Agreement States and also should 

provide uniformity and achieve common 

strategic outcomes in program areas of 

national significance. 

Such areas include aspects of licensing, 

inspection and enforcement, response to 

incidents and allegations, and safety reviews 

for the manufacture and distribution of 

sealed sources and devices. Furthermore, 

communication using a nationally accepted 

set of terms with common understanding, 

ensuring an adequate level of protection of 

public health and safety that is consistent 

and stable across the nation, and evaluation 

of the effectiveness of the NRC and 

Agreement State programs for the regulation 

of agreement material with respect to 

protection of public health and safety are 

essential to maintaining the NMP. 

v. Flexibility 

With the exception of those compatibility 

areas where programs should be essentially 

identical, Agreement State radiation control 

programs have flexibility in program 

implementation and administration to 

accommodate individual State preferences, 

State legislative direction, and local needs 

and conditions. A State has the flexibility to 

design its own program, including 

incorporating more stringent, or similar, 

requirements provided that the requirements 

for adequate protection of public health and 

safety are met and compatibility is 

maintained. However, the exercise of such 

flexibility should not preclude a practice 

authorized by the AEA, and in the national 

interest. 

2. New Agreements 

Section 274 of the AEA requires that once 

a decision to request Agreement State status 

is made by the State, the Governor of that 

State must certify to the NRC that the State 

desires to assume regulatory responsibility 

and has a program for the control of radiation 

hazards adequate to protect public health and 

safety with respect to the materials within 

the State that would be covered by the 

proposed agreement. This certification will 

be provided in a letter to the NRC that 

includes supporting documentation. This 

documentation includes the State’s enabling 

legislation; the radiation control regulations; 

the radiation control program staffing plan; a 

narrative description of the State program’s 

policies, practices, and procedures; and a 

proposed agreement. 

The NRC’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 48 FR 

33376, July 21, 1983), describes the required 

content of these documents. The NRC 

reviews the request and publishes notice of 

the proposed agreement in the Federal 

Register to provide an opportunity for public 

comment. After consideration of public 

comments, if the NRC determines that the 

proposed State program is adequate for 

protection of public health and safety and 

compatible with the NRC’s regulatory 

program, the Governor and Chairman of the 

NRC sign the agreement. 

3. Program Assistance 

The NRC will offer training and other 

assistance to States, such as assistance in 

developing regulations and program 

descriptions to help individual States 

prepare their request for entering into an 

Agreement and to help them prior to the 

assumption of regulatory authority. 

Following approval of the agreement and 

assumption of regulatory authority by a new 

Agreement State, to the extent permitted by 

resources, the NRC may provide training and 

offer other assistance (such as review of 

proposed regulatory changes to help 

Agreement States administer their regulatory 

responsibilities). Nevertheless, it is the 

responsibility of each Agreement State to 

ensure that it has a sufficient number of 

qualified staff to implement its program. If 

the NRC is unable to provide the training, the 

Agreement State will need to do so. 

The NRC may also use its best efforts to 

provide specialized technical assistance to 

Agreement States to address unique or 

complex licensing, inspection, incident 

response, and limited enforcement issues. In 

areas where Agreement States have particular 

expertise or are in the best position to 

provide immediate assistance to the NRC or 

other Agreement States, they are encouraged 

to do so. In addition, the NRC and Agreement 

States will keep each other informed about 

relevant aspects of their programs. 

If an Agreement State experiences 

difficulty in implementing its program, the 

NRC will, to the extent possible, assist the 

State in maintaining the effectiveness of its 

radiation control program. Under certain 

conditions, an Agreement State can also 

voluntarily return all or part of its Agreement 

State program. 

4. Performance Evaluation 

Under Section 274 of the AEA, the NRC 

retains oversight authority for ensuring that 

Agreement State programs provide adequate 

protection of public health and safety and are 

compatible with the NRC’s regulatory 

program. In fulfilling this statutory 

responsibility, the NRC will determine 

whether the Agreement State programs are 

adequate and compatible prior to entrance 

into a Subsection 274b. agreement and will 

periodically review the program to ensure it 

continues to be adequate and compatible 

after an agreement becomes effective. 

To fulfill this responsibility, the NRC, in 

cooperation with the Agreement States, 

established and implemented the IMPEP. As 

described in Management Directive 5.6 

‘‘Integrated Materials Performance Evaluation 

Program (IMPEP),’’ IMPEP is a performance 

evaluation process that provides the NRC and 

Agreement States with systematic, integrated, 

and reliable evaluations of the strengths and 

weaknesses of their respective radiation 

control programs and identification of areas 

needing improvement. The same criteria are 

used to evaluate and ensure that regulatory 

programs are adequate to protect public 

health and safety and that Agreement State 

programs are compatible with the NRC’s 

program. The IMPEP process employs a 

Management Review Board (MRB), 

comprised of senior NRC staff members to 

make a determination of program adequacy 

and compatibility. An MRB also includes an 

Agreement State liaison, provided by the 

Organization of Agreement States (OAS), as 

a non-voting member. 

As a part of the performance evaluation 

process, the NRC will take necessary actions 

to help ensure that Agreement State radiation 

control programs remain adequate and 

compatible. These actions may include more 

frequent IMPEP reviews of Agreement State 

programs and providing assistance to help 

address weaknesses or areas needing 

improvement within an Agreement State 

program. Monitoring, heightened oversight, 

probation, suspension, or termination of an 

agreement may be applied for certain 

program deficiencies or emergencies (e.g. loss 

of funding, natural or man-made events, 

pandemic). The NRC’s actions in addressing 

program deficiencies or emergencies will be 

implemented through a well-defined process 

that is consistently and fairly applied. 

5. Program Funding and Training 

Section 274 of the AEA permits the NRC 

to offer training and other assistance to a 

State in anticipation of entering into an 

Agreement with the NRC. Section 274 of the 

AEA does not allow Federal funding for the 

administration of Agreement State radiation 

control programs. Given the importance to 

public health and safety of having well 

trained radiation control program personnel, 

the NRC may offer certain relevant training 

courses and notify Agreement State 

personnel of their availability. These training 

programs also help to ensure compatible 

approaches to licensing and inspection and 

thereby strengthen the NMP. 

6. Regulatory Development 

The NRC and Agreement States will 

cooperate in the development of both new 

and revised regulations and policies. 

Agreement States will have early and 

substantive involvement in the development 

of regulations affecting protection of public 

health and safety and of policies and 

guidance documents affecting administration 

of the Agreement State program. The NRC 

and Agreement States will keep each other 

informed about their individual regulatory 

requirements (e.g., regulations, orders, or 

license conditions) and the effectiveness of 

those regulatory requirements so that each 

has the opportunity to make use of proven 

regulatory approaches to further the effective 

and efficient use of resources. In order to 

avoid conflicts, duplications, gaps, or other 

conditions that would jeopardize an orderly 

pattern in the regulation of agreement 

material on a nationwide basis, Agreement 

States should inform the NRC of, and provide 

the opportunity to review and comment on, 

proposed changes in regulations and 

significant changes to Agreement State 

programs, policies, and regulatory guidance. 

Two national organizations composed of 

State radiation control program personnel 

facilitate participation and involvement with 

the development of regulations, guidance, 

and policy. The OAS provides a forum for 

Agreement States to work with each other 

and with the NRC on regulatory issues, 

including centralized communication on 

radiation protection matters between the 

Agreement States and the NRC. The 


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3For the purposes of this policy statement, 

‘‘program element’’ means any component or 

function of a radiation control regulatory program, 

including regulations and other legally binding 

requirements imposed on regulated persons, which 

contributes to implementation of that program. 

4The NRC will implement this category 

consistent with its earlier decision in the low-level 

waste area to allow Agreement States the flexibility 

to establish pre-closure operational release limit 

objectives, as low as is reasonably achievable goals, 

or design objectives at such levels as the State may 

deem necessary or appropriate, as long as the level 

of protection of public health and safety is 

essentially identical to that afforded by NRC 

requirements. 

Conference of Radiation Control Program 

Directors, Inc. (CRCPD) assists its members in 

their efforts to protect the public, radiation 

workers, and patients from unnecessary 

radiation exposure. One product of the 

CRCPD is the Suggested State Regulations for 

use by its members. The NRC reviews 

Suggested State Regulations for 

compatibility. 

E. Adequacy and Compatibility 

In accordance with Section 274 of the 

AEA, any State that chooses to establish an 

Agreement State program must provide for an 

acceptable level of protection of public 

health and safety. This is the ‘‘adequacy’’ 

component. The Agreement State must also 

ensure that its program supports an overall 

nationwide program in radiation protection. 

This is the ‘‘compatibility’’ component. 

By adopting the criteria for adequacy and 

compatibility as discussed in this policy 

statement, the NRC provides a broad range of 

flexibility in the administration of individual 

Agreement State programs. Recognizing the 

fact that Agreement States have 

responsibilities for radiation sources other 

than agreement material, the NRC allows 

Agreement States to fashion their programs to 

reflect specific State needs and preferences. 

The NRC will minimize the number of 

NRC regulatory requirements that the 

Agreement States will be requested to adopt 

in an identical manner to maintain 

compatibility. At the same time, 

requirements in these compatibility 

categories allow the NRC to ensure that an 

orderly pattern for the regulation of 

agreement material exists nationwide. The 

NRC believes that this approach achieves a 

proper balance between the need for 

Agreement State flexibility and the need for 

an NMP that is coherent and compatible in 

the regulation of agreement material across 

the country. 

Program elements 3 for adequacy focus on 

the protection of public health and safety 

within a particular Agreement State, while 

program elements for compatibility focus on 

the impacts of an Agreement State’s 

regulation of agreement material on a 

nationwide basis or its potential effects on 

other jurisdictions. Some program elements 

for compatibility may also impact public 

health and safety; therefore, they may also be 

considered program elements for adequacy. 

In identifying those program elements for 

adequate and compatible programs, or any 

changes thereto, the NRC staff will 

coordinate with the Agreement States. 

1. Adequacy 

An ‘‘adequate’’ program includes those 

program elements of a radiation control 

regulatory program necessary to maintain an 

acceptable level of protection of public 

health and safety within an Agreement State. 

An Agreement State’s radiation control 

program is adequate to protect public health 

and safety if administration of the program 

provides reasonable assurance of protection 

of public health and safety in regulating the 

use of agreement material. The level of 

protection afforded by the program elements 

of the NRC’s materials regulatory program is 

presumed to be adequate to provide for 

reasonable assurance of protection of public 

health and safety. Therefore, the overall level 

of protection of public health and safety 

provided by a State program should be 

equivalent to, or in some cases can be greater 

than, the level provided by the NRC program. 

To provide reasonable assurance of 

protection of public health and safety, an 

Agreement State program should contain the 

five essential program elements, identified in 

items i. through v. of this section, that the 

NRC and Agreement States will use to define 

the scope of the program. The NRC and 

Agreement States will also consider, when 

appropriate, other program elements of an 

Agreement State that appear to affect the 

program’s ability to provide reasonable 

assurance of the protection of public health 

and safety. 

On the basis of this policy statement, NRC 

program elements (including regulations) can 

be placed into five compatibility categories 

(A, B, C, D, and NRC). In addition, NRC 

program elements can also be identified as 

having particular health and safety 

significance (H&S). These six categories (A, 

B, C, D, NRC, and H&S) form the basis for 

evaluating and classifying NRC program 

elements. 

i. Legislation and Legal Authority 

Agreement State statutes shall: (a) 

Authorize the State to establish a program for 

the regulation of agreement material and 

provide authority for the assumption of 

regulatory responsibility under an Agreement 

with the NRC; (b) authorize the State to 

promulgate regulatory requirements 

necessary to provide reasonable assurance of 

protection of public health and safety; (c) 

authorize the State to license, inspect, and 

enforce legally binding requirements such as 

regulations and licenses; and (d) be otherwise 

compatible with applicable Federal statutes. 

In addition, the State should have existing 

legally enforceable measures such as 

generally applicable rules, orders, license 

conditions, or other appropriate measures, 

necessary to allow the State to ensure 

adequate protection of public health and 

safety in the regulation of agreement material 

in the State. Specifically, Agreement States 

should adopt legally binding requirements 

based on those identified by the NRC because 

of their particular health and safety 

significance. In adopting such requirements, 

Agreement States shall implement the 

essential objectives articulated in the NRC 

requirements. 

ii. Licensing 

The Agreement State shall conduct 

appropriate evaluations of proposed uses of 

agreement material, before issuing a license 

to authorize such use, to ensure that the 

proposed licensee’s need and proposed uses 

of agreement material are in accordance with 

the AEA and that operations can be 

conducted safely. Licenses shall provide for 

reasonable assurance of public health and 

safety protection in the conduct of licensed 

activities. 

iii. Inspection and Enforcement 

The Agreement State shall periodically 

conduct inspections of licensed activities 

involving agreement material to provide 

reasonable assurance of safe licensee 

operations and to determine compliance with 

its regulatory requirements. When 

determined to be necessary by the State, the 

State should take timely enforcement action 

through legal sanctions authorized by State 

statutes and regulations. 

iv. Personnel 

The Agreement State shall be staffed with 

a sufficient number of qualified personnel to 

implement its regulatory program for the 

control of agreement material. 

v. Incidents and Allegations 

The Agreement State shall respond to and 

conduct timely inspections or investigations 

of incidents, reported events, and allegations 

involving agreement material within the 

State’s jurisdiction to provide reasonable 

assurance of protection of public health and 

safety. 

2. Compatibility 

A ‘‘compatible’’ program consists of those 

program elements necessary to sustain an 

orderly pattern of regulation of agreement 

material. An Agreement State has the 

flexibility to adopt and implement program 

elements within the State’s jurisdiction (i.e., 

those items that are not areas of exclusive 

NRC regulatory authority) that are not 

addressed by the NRC, or program elements 

not required for compatibility (i.e., those 

NRC program elements not assigned to 

Category A, B, or C). However, such program 

elements of an Agreement State relating to 

agreement material shall (1) be compatible 

with those of the NRC (i.e., should not create 

conflicts, duplications, gaps, or other 

conditions that would jeopardize an orderly 

pattern in the regulation of agreement 

material on a nationwide basis); (2) not 

preclude a practice authorized by the AEA 

and in the national interest; and (3) not 

preclude the ability of the NRC to evaluate 

the effectiveness of Agreement State 

programs for agreement material with respect 

to protection of public health and safety. For 

purposes of compatibility, the State shall 

adopt program elements assigned 

Compatibility Categories A, B, and C. 

i. Category A—Basic Radiation Protection 

Standards 

This category includes basic radiation 

protection standards that encompass dose 

limits, concentration, and release limits 

related to radiation protection in Part 20 of 

Title 10 of the Code of Federal Regulations 

(10 CFR), that are generally applicable, and 

the dose limits for land disposal of 

radioactive waste in 10 CFR 61.41.4 Also 


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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 48539 

5For the purposes of this policy statement, 

economic factors are those costs incurred by the 

regulated community to comply with regulations 

that impact more than one regulatory jurisdiction in 

the NMP. 

included in this category are a limited 

number of definitions, signs, labels, and 

scientific terms that are necessary for a 

common understanding of radiation 

protection principles among licensees, 

regulatory agencies, and members of the 

public. Such State standards should be 

essentially identical to those of the NRC, 

unless Federal statutes provide the State 

authority to adopt different standards. Basic 

radiation protection standards do not include 

constraints or other limits below the level 

associated with ‘‘adequate protection’’ that 

take into account considerations such as 

economic cost and other factors. 

ii. Category B—Cross Jurisdictional Program 

Elements 

This category pertains to a limited number 

of program elements that cross jurisdictional 

boundaries and that should be addressed to 

ensure uniformity of regulation on a 

nationwide basis. Some examples include 

sealed source and device registration 

certificates, transportation regulations, 

radiography certification, access 

authorization, and security plan 

requirements. Agreement State program 

elements shall be essentially identical to 

those of the NRC. Because program elements 

used in the Agreement State Program are 

necessary to maintain an acceptable level of 

protection of public health and safety, 

economic factors 5 shall not be considered. 

iii. Category C—Other NRC Program 

Elements 

This category includes NRC program 

elements that are important for an Agreement 

State to implement in order to avoid 

conflicts, duplications, gaps, or other 

conditions that would jeopardize an orderly 

pattern in the regulation of agreement 

material on a nationwide basis. Such 

Agreement State program elements shall 

embody the essential objective of the 

corresponding NRC program elements. 

Agreement State program elements may be 

more restrictive than NRC program elements; 

however, they should not be so restrictive as 

to prohibit a practice authorized by the AEA 

and in the national interest without an 

adequate public health and safety or 

environmental basis related to radiation 

protection. 

iv. Category D—Program Elements Not 

Required for Compatibility 

This category pertains to program elements 

that do not meet any of the criteria listed in 

Compatibility Category A, B, or C above and 

are not required to be adopted for purposes 

of compatibility. 

v. Category NRC—Areas of Exclusive NRC 

Regulatory Authority 

This category consists of program elements 

over which the NRC cannot discontinue its 

regulatory authority pursuant to the AEA or 

provisions of 10 CFR. However, an 

Agreement State may inform its licensees of 

these NRC requirements through an 

appropriate mechanism under the State’s 

administrative procedure laws, as long as the 

State adopts these provisions solely for the 

purposes of notification, and does not 

exercise any regulatory authority as a result. 

F. Conclusion 

The NRC and Agreement States will 

continue to jointly assess the NRC and 

Agreement State programs for the regulation 

of agreement material to identify specific 

changes that should be considered based on 

experience or to further improve overall 

safety, performance, compatibility, and 

effectiveness. 

The NRC encourages Agreement States to 

adopt and implement program elements that 

are patterned after those adopted and 

implemented by the NRC to foster and 

enhance an NMP that establishes a coherent 

and compatible nationwide program for the 

regulation of agreement material. 

[FR Doc. 2017–22514 Filed 10–17–17; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2017–0173] 

Information Collection: Domestic 

Licensing of Production and Utilization 

Facilities 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Renewal of existing information 

collection; request for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) invites public 

comment on the renewal of Office of 

Management and Budget (OMB) 

approval for an existing collection of 

information. The information collection 

is entitled, ‘‘Domestic Licensing of 

Production and Utilization Facilities.’’ 

DATES: Submit comments by December 

18, 2017. Comments received after this 

date will be considered if it is practical 

to do so, but the Commission is able to 

ensure consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0173. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Mail comments to: David Cullison, 

Office of the Chief Information Officer, 

Mail Stop: T–2 F43, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

David Cullison, Office of the Chief 

Information Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

2084; email: INFOCOLLECTS.Resource@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2017– 

0173 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0173. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff at 

1–800–397–4209, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

seven supporting statements associated 

with the part 50 information collections 

and the burden table are available in 

ADAMS under Accession Nos. 

ML17207A259, ML17201K067, 

ML17201K126, ML17201K169, 

ML17201J977, ML17201K214, 

ML17201K024, and ML17283A044, 

respectively. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

• NRC’s Clearance Officer: A copy of 

the collection of information and related 

instructions may be obtained without 

charge by contacting the NRC’s 

Clearance Officer, David Cullison, 

Office of the Chief Information Officer, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–2084; email: 

INFOCOLLECTS.Resource@nrc.gov. 


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