ML20137A517

Informs That Neither Recent Amends Nor Rule 10CFR150.20 Grant Any New Jurisdiction to State Governments Over That Currently Provided by Law

ML20137A517
Person / Time
Issue date:	02/06/1997
From:	Newsome H NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Work S AFFILIATION NOT ASSIGNED
Shared Package
ML19355E893	List: ML20137A517 ML20137B255 ML20137B293 ML20137B494 ML20137B547
References
FRN-62FR1662, RULE-PR-150, RULE-PR-170 AF49-2-006, AF49-2-6, NUDOCS 9703200358
Download: ML20137A517 (6)

Text

-. . .

• UNITED STATES Af 992

1. prah 'o g NUCLEAR REGULATORY COMMISSION /788

, [ o WASHINGTON, D.C. 20655-0001 k E February 6,1997 s...../

OFFICE OF THE GENERAL COUNSEL *4 Shannon D. Work Givens, Funke & Work 424 Sherman Avenue Coeur D'Alene, Idaho 83816-0969

Dear Mr. Work:

I have received a copy of your January 21, 1997 letter regarding the recent rulemaking on reciprocal recognition of Agreement State licensees in areas of NRC jurisdiction. We appreciate your comments. As I indicated during our recent telephone conversation, the final amendments to the rule were published in the Federal Register on January 13, 1997 (62 Fed. Reg.1662) (see attached). It will become effective on February 27, 1997. Given the late submission of your comments, we were unable to consider them before publication of the final rule.

Your primary concern appears to be that NRC is using this rulemaking to grant jurisdiction to states on tribal lands where the states would otherwise have no legal power. This is not so. Neither these recent amendments nor the rule itself (10 CFR 6150.20) grant any new jurisdiction to state governments over that currently provided by law. The provisions in 10 CFR 6 150.20 extend a general NRC license to Agreement State licensees operating in areas of NRC jurisdiction under specific circumstances and conditions described in the rule.

Such general licensees operate under NRC jurisdiction and, as such, must follow the conditions of their license and NRC regulatory requirements. These licensees are also subject to NRC (not state) inspection and enforcement authority.

The purpose of the rule generally is to relieve Agreement State licensees from the burden of applying for a specific NRC license to conduct short term activities in areas of NRC jurisdiction. As a practical matter, the rule usually applies to small, mobile users of radioactive material such as radiographers or well-loggers. In lieu of requiring a specific NRC license each time one of these licensees operates in an NRC regulated state or area, NRC allows such licensees to follow the specific conditions of their Agreement State license (in addition 1

to the other NRC requirements described in s 150.20). This does not mean that the state has authority to enforce these license conditions in an area of NRC 4

jurisdiction. Only NRC has such authority. The rule simply puts these licensees on notice that NRC will cite them for violations of conditions found on their Agreement State license even though they are operating in an area of NRC jurisdiction.

The recently completed amendments to the rule simply clarify the areas included under NRC jurisdiction. We understand that, in most cases, NRC, not the states, exercises regulatory jurisdiction over activities conducted on tribal lands pursuant to the Atomic Energy Act (AEA). The recent rule change codifies current NRC practice by adding areas of exclusive Federal jurisdiction to the list of areas under NRC jurisdiction. ("An area of exclusive Federal jurisdiction is an knoO3fg M

.. - - - -.- - . = . _ - ._- -_. .. .

9- ,

2 area over which the Federal Government exercises legal control without interference from the jurisdiction and administration of State law." (62 Fed.

Reg. at 1663.) For the purposes of implementing the rule, we view such areas as i including Indian reservations where states have no jurisdiction. Such an approach is consistent with NRC's current implementation of the reciprocity rule as well as the Commission's overall approach to AEA regulation on tribal lands.

I hope that this information resolves your concerns. If you have any additional comments or questions, please contact me at (301? 415-1623. ,

Sincerely, , .

~ '

3 t . L. -

Hampton Newsome i l Attorney l

Attachment:

As stated i

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1862 traderal Eagister / V 1. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulations (e) The Dimetor of the Cotton Division 0001, telephone (301) 415-6196, e-tnall investigatory or enforcement powers to shall prepare and submit to the MPHentc. gov. regulate licensees operating under l Secretary a of the results of the , g ,. redprocity. In addition, the commenter I sign-up ped b Secretary will believes that the current reciprocity '

conduct a referendum if requested by to Backgressed system reduces the participation of percent or more of the number of cotton On June 18,1996 (61 FR 30839), the dtizens in the latory process Producers and importars vcJng in the NRC published a proposed rule in the bemuse the tory agency in this most remnt Guly 1991) referendum, but Federal Rag 6 ster that would clarify that commenter's state does not, in the not more than 20 percent of the total Agreement State licensees could seek commenter's view, exert adequate requests munted toward the to percent reciprom! recognition of their license regulatory authority over licensees Sgure may be from producers in any one from the NRC when they are working operating under reciprocity.

state or from importers ofcotton.%e within eroes of axclusive Federal De commenter also had several l Secretary aball announce the results of turisdiction in Agneownt States. specific objections to b proposed rule. I the sign-up period in a separate notice Current regulations, ubject to certain ne commenter indicated that this t

in the Federal Engister restricticos, allow any person who rulemaking will reduce recordkeeping g gg g holds a spedfic Imanam from an requirements bemuse of certain Agreement State to conduct activities language changes propoud regarding U8 Ad'"i"I*stor is bomby permitted by that limnas in non- recordkeeping at the licensee's authonzed to prescribe additional Agreement States and offshore waters Agreeaant State office. In addition, the instructions and forms consistent with using an NRC ponerallicense.The commenter believes that the rule will the provides of this subpart to geern generallicense is granted under the remove a variety of requirements conduct of the sign-up period. authority antainad in to CFR 150.20, including existing fee requirements. the Deted: January 7,1997. " Recognition of Agreement State existing 3-day advana deadline for seesseh c. (2eysen, Licznses." To meet the requirements of filing with the Commission, and Actineddrustmtor, $150.20, a licensee must submit an NRC existing reporting and compliance I fFR Doc.97-766 Filed 1-10-97; 8545 aml Fwm 241 at least 3 days before engaging ents applicable to in the adivities (subject to some ographers. Finally, the commenter exceptions as noted in $150.20). If an believes that the rulemaking

Agreement State licenses does not inappropriately broadens the authority qualify for a poneral hmnaa under of NRC Regional Adrninistrators to NUCf. EAR REGULATORY $150.20, the uansee must apply for and grant, by telephone, a waiver of the 3-i ComanaammaON obtain a speci5c license to work in areas day filing requimment before starting of NRC jurisdiction. . work under the generallicense.

MM M and m Need for Regulatory Acties Response. De NRC has full Rei siso-#4e b NRC believw that them are enf r amont and inspection authority to several problems with the current regulate the adivides of Agmemnt Recognition of Agreernent State lations in $150 20 that necessitated State licensees operating under Woonsea in Artes Under Ezoluelve [rutamaWo action First the current r*dProcity in areas of NRC jurisdiction.

FedereWe m an ~

regulation does n'ot include provisions Agmeent State licensees opemun Agreement State to allow Agreement State licaneses to und8r I'dProdty must comply wi all ear Regulatory q or an NRC ral11 en sfchthi o evps a an Acn0N: Final rule. *Ihin

, hu ntSta

, , , , *f

, g g7,,",*f p tyyt e NRC itself. If an individual has safety sunenARY:ne Nuclear Ragulatory the NRC regulations applicab to Agreement State licensees concerns about the conduct of a limnsee Commission (NRC)is amending its operating under reciprocity, that regulations to clarify that Agreement Operating in areas of NRC jurisdiction Pursuant to $150.20. Third, $150.2 individual should contact NRC and State limnsees can seek rect 1 their concerns will be addressed retngnition of their license the does not referena the appropriate fee requimments applicable to Agreement NRC's dl@n myim NRC when they are working within Agreement States n amen so I* I th th rulema ng o es more an y d the ap rule el eo fi cu ent and filing procedures spp e to for this i Pm NRC regulatory practice (with respect to

= Agnement State licensees operating Comunents on the Propened Rule reciprocity in areas of exclusive Federal nder mcipnicity. no Commission received one letter jurisdiction) or clarifies existing EFFECTTWE DATE: February 27,1997. Commenting on the proposed rule. A requirements applicable to licensees POR FURTHER DdFontaADON CONTACT: cmpy of the letter is available for public operating under reciprocity in areas of Hampton Newsome Office of the inspection and copying for a fee at the NPC jurisdiction. While this rulemaking GeneralCounsel U.S. Nuclear Commission's Public Document Room, may fadlitate increased use of this Regulatory Commission, Washington, located at 2120 L Street, NW (Lower general license provision, the DC 20555-0001, telephone (301) 415- 14 vel), Washington, DC. Comrnission does not view this as a 1623, e-maillDINentc. gov or Mark Cornment. De commenter indicated concern given the full regulatory power Hais5 eld Office of Nuclear Regulatory that NRC's overall system of reciprocity that NRC has over these licensees with Research, U.S. Nuclear Ragulatory is flawed because state regulatory respect to activities conducted under Commission. Washington, DC 20555- agencies do not have meaningful reciprocity.

Federal Eagleder / Vcl. 82, No. g / Monday, January 13, 1997 / Rules and Regulations 1883 3, o g ,,====*=vs sped 8e far clam or n el concerns, the f>a==i==laa notes that perpeens).

to materials licensees. % revised

. $150.20 clearly indiates that ilma====

this r.F % will not eSect the oPereting pursuant to the rule s reporting mquirassants in 5t30.20.

language in $150.20(a) has been y with aH NRC clarined to indicoes that, in order to Esclusive FederalJunadsction Provisions must congto materials ons applicab quali for thegeneral h==== a pemen N current wording of $150.20 has created mafusion for Agreement State nie amendment is canaiatent with ',

soust we a speciSc Bonnes iroen an '

Agreement State where the honnese Hoensees in areas of exclusive h originalin*ent of the rule. When Federal within Agreement originally issued in 1962 (27 FR 1351*-

naintains an adBos for dinding the limosed activny and for States. An area of exclusive Federal February 141962), $150.20 requimd redsstion esiwy records. Mene

)urledicflon is an area over which the State 16=== to comply twial appropnete provisions of 10 thanges clarify, but do not alter any Federal Government exerdens legal control without interference frenn the CPRPorts 20,30.31,40,and 70"of the existing recordkasping requir==masa t'a==(amion's regulations. h rule The addition oflanguage in this and adat talmvetion of State rut-aaHag related to fees simply serves @ Areas of exclusive Federal compliance with all NRC law. required to provide additional notice to ka=" jurisdidian exist in both Agreement and regulations a l that certain fee requirements in to CPR non-p States. Because the tiensees et time. thiable to NRC In 1965, many ofmaterials Federal Governament has sole authority the seguirements in to CFR Part 30 were Fart 170 apply to Age ====at State over emes of aclusive Federal relocated to newly created regulatory lima""' OPmdag undenedpro4 provisions in 10 CPR Parts 32,33,34, nis rnlarnaHng does jurisdidion in Agnement Statas, the altcr addingine .yn,not resnovo or NRC has jurisdiction over Atomic 35, and 36 (30 FR 6165; June 26,1965).

ts.

Energy Act activities conducted in those A cantarming amendment to $150.20 ta=Ilarly, this ralamaMny does not was not sande in sospense to this involve any change to the current tim

• areas. Sedian 150.20 contains the nodScedon procedures (use of an NRC change. Since 1965, speciBc requirements for reci prodty Elings. In most mass,11 Form 241) regarding geners) H=aa= for requirements have been added to must als the NRC $150.20 that may have aseted the Form 241 et least 3 days before engagin Agreement State licensees =aHng to impression that certain NRC in activities under redpredty. Howe *g operate in areas of NRC jurisdidion requirements otherwise applimble to as the proposed rule explained in mo" , (e.g., non-Agreement States and o5shm ' materials k=a- are not applicable to detail, the waters).

anal Ad= late starmay However,5150.20 does not indicate general lima-as under $150.20. nis is waive the 3 y , because of not the case. It is NRC's an ennergency or reasons, provided that the NitC may punt reciprocity to Agnement State lima ==por! tion in

= operating that Agreement State linana=== to conouct the licenses receives authorisation and areas ofNRC jurisdidion pursuant to Blas the appropriate information within emivities in ames of exclusive Federal 3 deys. la addition, this rule does not jurisdicion within an Agreement State. $150.20 must comply with those regulations o broaden the authority for telephone N current regulation only authorises a nis amand=pplicable to NRC licensees.

=nt will clarify the waivers of the 3-day Sling requirement. general license for activities conduded While this In non-Agreement States, whether or not applicable requireomats. '

does add language to indkats t a waiver may in an ares of exclusive Federal FeesImposed on Agreement State be given "because of an emergency or )urisdictics within that non-Agreesnent beensees Operotliqg UnderRecipmdty other reasons," this addition simply State, and offshore waters. Despite the omission in the regulation, the NRC b amendment adds appropriate provides an example of an Instan= referenas to $150.20 russiding the when a waiver may be appropriate. As staf, under current practico, permits an relevant fee Agnement State licensee to operate in ulroments in to CFR Part such, this rule =abar does not expand 170. W fee ule in to CFR Part or otherwise change the Regional an area of exclusive Federal jurisdiction 170 is being updated to indicate that within the Agresumat State if the Adminimerators' current disastion to there will be a charge forlicensee grant waivers to the 3 dey Sling limnese submits en acooptable NRC F,orm 241. revisions to an NRC Form 241 in requirement. addition to the initial Sling fee. A Finally, con b lack of a speciSc roterance to g to the commenter's clarification to an NRC Form 241 does assertions, this areas of exclusive Fadoral turisdiction not require a fee. b NRC Form 241 is i

aHar does not has caused cxmfusion for licensees, ,

elin inata any existing requirements being revised to include,in the applkable to radiographers operating t Se=*=a, and, oczaaionally, the instructions on the form, information  ;

under recipredty is mussof NRC ~ staffin interpreting the coverage of crecerning revisions and clari6 cations.

the reciprocity provisionsin $150.20. In addition, this amendment involves ,

purisdidian. However, the reference to a his rutom l Part 71 requirement applicable to emends $150.20 to a minor conforming change to the provide a s c roterance to areas of radiographers in the proposed rule has schedule for materials ines in $170.31, exclusive Federal jur6=d*

been euminated in the anal rule " Schedule of Fees for Materials Ucenses because it is not =====y. N present 888"I"88'T 89" ""*"88 U and other Regulatory Services, rule does not alter the requirements IN lacluding laspections, and import and applicable to radiopaphore operating b speci6c references to other NRC Export 1.icenses," to clarify that the fee l

under recipredty. regulatory requirements in $150.20 has requirement applies to activities '

No changes in the rulehave been conduded under reciprocity pursuant to also been a source of confusion. $150.20 regardless of the location of the made in response to this nr====:

According to $150.20(b), persons activities.

Minor editorial changse have been made operating under the generallicense to the rule (e.g., in $150.20(b) the word must Fmng Promdas ly with a variety of speci6c

" valid"in the proposed rule has been NRC ory requirements. However, changed to"a pliable" and other h amendment also clarifies the changes have $150.20 does not spedBeally rolerona promdures for filing an NRC Form 241 i made in this section all NRC regulations that are applicable for reciprocity described in $150.20(bl I

_ 1866 Federal Register / Vol. 62 No. 8 / Monday, January 13, 1997 / Rulas and Regulations

.N clariacetions ladude identifying Envirnesmental keyed: Caenger6 cal Agreement State licensees operating in what needs to be subadtted, specifying - Esciasies areas of exclusive Federal turisdiction.

the procedure to use when en omrgency Sling is ======*y. and m c,=== Man has dstormined that smaall Boeiness Regulatory Enferassent i

thh reguladon h b ofacdon F h Ad making revisions to the initial Bling. deemibed as a exclusion in i

. These clari$ cations do not impom any to CPR 51.22(c)(1). Therefore, neither In a cordance with the Small .,

additional requir===='a on the an environmental impact statement nor Businees Regulatary Enforcement Act of Agreement State it="" an envirnn==ntal essessment has been 1996, the NRC has determined that this preprod for this reguled* acdon is not a major rule and has E8tforcemerit ,eri5ed this determination with the

' If a Swa 1 fous m P1 Raducties Act Statsensat OfBee ofInfortnatian and Regulatory nodfy b NRC before maduedng work Thisrule does not contain a new or Affairs, OfBoe of Management and in an area of excluelve Federal ameded infamadenmuectie Budad.

Jurisdiction, the NRCis denied an requirement subject to the Paperwork Backat Analysis i opportunity to insped the adivity to Reducti of 1995 (44 U.S.C 3501 determine that it is being conducted m esq.). ng NRC has determined that the backfit rule,10 CFR 50.109, does not safely and in acmedance with NRC 8Pgved by the guirements wem an udge, app ce o n

ent apply to this final rule and, therefore, a requirements. b cunent NRC backSt analysts is not required, because

! Enforcement Policy (*' General Statement '

i of Policy and Procedures for NRC thee amendments do not involve any Public Pr=a-r+iaa Net:6 cation provisions that would impose backfits

! Enforman=nt Actions" NUREG 1600) The NRC may not conduct or sponsor, as de$ned in 10 CFR 50.109(s)(1).

l contains an example to Supplement and a person is not required to respond j VI.C9 of failure to subsmit an NRC Form gy og

' to, a collection ofinformation unless it 241 in amordanne with 10 CFR 150.20. displays a currently niid OMB contml 10 CFR Part 250

{ Under the Enforonment Policy, this number, violation is categorised at Severity lent Criminal penalties Hazardous WW i

j IH, which consututes Wated materials transportation enforcement action. However, aha=nt Intergovernmental relations, Nuclear This Anal rule does not impose any

, extraordinary circumstanma, the NRC new requirements or additional mots to materials. Reporting and recordkeeping

! will not take enforcement action a6ainst lima- because the rulemalring requiremets, Security memurn*

! =

an Agreement State limn = for such a Sourm material, Special nuclear codi$es current praction that allows material.

! violationif the licensee has evidence Agreement State licensees to work that it received a determination, before under an NRC general license. Because 20 CFR Part 270 ha=innina work, fmm a Federal Agency the rulemalrinF improves the clarity and Byproduct material, import and

] that the area of work is not under consistency of the NRC's regulations,it exportlicenses Intergovernmental 4

exclusive Federal juriartir+ ion. This will benent Agreement State licensees relations, Non payment penalties, i evidence may be a written statement operating in areas of exclusive Federal Nuclear materials, Nuclear power plants 1

from the Federal Agency that provided jurisdiction. and reactors, Sourm material, Special i the detennination and the date that it This rule will result in a minor nuclear material.

I was provided; or a written record made reduction in NRC resources lastimated I

by the limna== with the name and title to be one-sixth of a staff year per year)

For b roums set out in b preamble and under the authority of the of the person at the Federal Agency who ' currently being expended to explain our Atomic Energy Ad of 1954, as amended, provided the determination and the date fue schedule and to clarify for limna==s b Fmrgy ReorFa"I'ation Act of 1974, j that it was provided. and Agreement States the condities as amended, and 5 U.S.C 552 and 553, m,. under which an Agreement State i**y of Agroonaamt State the NRC is adopting the following licensee can operate within an area of Regulations amendments to 10 CFR Parts 150 and 3 exclusive Federal jurisdiction. NRC

!

• 170.

1 The provisions in $150.20 wiH resourous to amend $150.20 are i

continue to be a Division 1 item of estimated to be about one-half of a staff PART 150- EXERAPTIONS AND i 0 WPedbihty. b h=tadon year, which is a met e5scun, one-dme NED REWTORY '

i use of resources.1his mestitutes the rule AUTHORfTY IN AGREEBENT STATES j . ,Por ons regulatory analysis for this final rule. AND DI OFFSHORE WATERS UNDER j jurisdiction (e.g., offshore waters and Regulatory F1Mbmey Carhei== m 2N 4 areas of exclusies Federal jurisdiction). As required by b Regulatory 1. b authority citation for Part 150 i N Agressnent States abould fashion Flexibility Act of1980,5 U.S.C 605(b), continues to read as follows:

i

• their own rules implementing this the Commission certines that this rule . Aedberty. Soc.161, te Stat. 948, as Provision in a manner =a-wa=t with does not havera significant economic emended, sec. 274,73 Stat. sea (42 U.S.C their authortry. The esem=lasian is impact upon a substantial number of 230s,2021); sec. 301, as Stet.1242, as j mrrently developing im" "5 small enuties. amended (42 U.S.C ss411. Sections 150.3, procedures for a new Adequecy and b final rule does not impose any tso.1s.150.1sa,1so.31,150.32 also tenued i' Compatibility Policy that wee approved new requiresnents or additional costs to under som 1te(21, a1, se Stat. 923,835. as by the e s=nmission on June 29,1995, limnames because the rule codidos smeded, escs. as, se, s2 Stat 3033. 3039 (42 j

b Commiazion will matinua to apply current practice that allows Agreement the cunent mmpetibility designation to State limnaama to work under an NRC

, Ms[* [33' $$3o, as amended (42 U.S.C 2073). Section 150.15

$150.20 tmtil it gives its Baal approval generallicense. Because this rule also issued under secs.135,141, Pub. L 97-to the implementing procedures fcr the improves the clarity and anstatancy of 425, es Stat. 2232,2241 (42 U.S.C 10155, new Policy, NRC's regulations,it will beneBt 101811. Section 1so.17e also issued under 1

)

j i

1

Federal Esgister / Vcl. 62, No. 8 / Monday, January 13, 1997 / Rules and Regulttlons 1865 l

4 - sec.122, ca stet. ese (42 U.s.c 21521.

bebre engaging in each activity for the (c) A pesan onpging in scuvities in secturn 150.30 alsoisseed under sec 234 F3 Aret time in a miendar year, file a sist. 444 (42 U.s.c 22:21. offshore waters under the general

2. Section 150.20 is amended subesittal q an NRC Form 241, licanas provided for that purpose in

" Report of 7.w Activities in Non. peregraph (a) of this section need not revisma W $ (a), the uctory ."; - 2 States," 4 copies ofits text of (b) (bM1), and the introductory fue an NRC Form 241 with the Agnement State speciSc license, and f text of (c). redesignating peregraphs Commission under paragraph (b)(1) of the appropriate los as prescribed in tMs esction provided that:

(b)(2) through (bMe) as peregraphs (bM3) $170.31 of this chapter with the a e * *

• through (bX5), revidag " ---j Regional Arlaninwetorof the U.S.

paragraphs (bX3) and (bX4), aInd adding Nuclear Regulatory r===lasian PART 174- FEES FOR FAC8UTIES, a new paragraph (bM2)to med as follows: Regional Omce listed on the NRC Form b1ATERIAI.8, RS' ORT AND EXPORT 241 and in Appendix D ofPart 20 of this I arssimaasta, AND OTHER

$188.2e mesoposen et Agreemeru Stua* diapter br the Region in which the asenses.

IMOULATORY SGMCES UNDER THE is t State that lasued the license ATORSC ENERGY ACT OF 1964, AS (aX1)Provided that the provisions of . If a submittal ===as be Bled massaanan 3 days before in activities paragraph (b) of this section have been undw reciproci , use of an 3. 'lhe authority citation for Part 170 met, any person whoholds a speciBc license from an Agreement State, where enersency or reason, the Regional continues to read as follows:

the licanaos maintains an ofBoo for p-. Tai.e.stor may waive b 3. day time Aashsrtry: 31 U.S.C 9701, sec. 301. Pub.

requirement provided the 1.censee. L e2-314, as stat. 222 (42 U.S.c 2201wh directing (be licensed activity and (1) Informs the Region by telephons, sec. 201, es stat.1242, as amended (42 retaininir radiation esfat granted a general lan=y records, is Ear =Imile, an NRC Form 241, or a letter U.S.C 544th sec 205. Pub L 101-576.104 same adivity in- to conduct the ofinitial acdvities or revialons.to the , samt 2e42,tal U.S.C 9021 inbrmation submitted on the initial (i)Non Agreement States; NRC Form 241: g m p ,,,,gg (11) Areas of exclusiw Federal lurisdidion within Agn=n=nt States; (11)Recolves oral or written 4, Section 170.31 is amended by and authorisation for the adivity from the renoving the phreae "in a non-Region: and ^8'=== ant State" froan Category 16 of (iii) Offshore waters. (111) Within 3 days aAer the (2) b provisions of paragraph (aX1) the Schedule of Materials Fees.

of this section do not apply if the nattBcation, fuss an NRC Fonn 241,4 copies of the Agreement State Bcanas, Duesd at Rockville, Maryland, tus 30th day specinc Agreement State limase limits of Doommber,1996.

and the los payment.

ine authorised adivity to a spedBc Far the Nuclear Regulatory Commission.

installation or location. (2) Shall fue an amended NRC Form Jonese M. Taylor, 241 or letter and the appropriate los as (b) Notwithstanding any provision to Kascwrve mforopermsne' the contrary in any speciac twnaa preemibed in $ 170.31 of this chapter issued by an Agr==nant State to a with the Regional Ariminiarrator to IFR poc e7-71s Filed 1-1M7; s.45 am) request approval for changes in work '"'8" 88 "'*"

person engaging in activities in a non- locations, radioacdw material, or work Agreement state, in an t.es of exclusive activities different froen the information Federal jurisdicion within an Agreement State, or in offebore waters mn*=ined on the initial NRC Form 241. DEPARTRENT OF COGAERCE (3) Shall not,in any non-Agreement under the general licenses provided in State, in an ares of exclusive Federal this section, the pnerallicenses Bureau of Economic Analysis jurisdiction within an Agreement State, '

provided in this sodion are subject to or in offabore waters, transfer or dispose M CPR M 801 all the prorisions of the Act, now or of radioactive material possessed or [peesist pee, secetasss-ases.er) hereafter in esset, and to aU applimhla used under the general IIn====s rules, regulations, and cedere of the NN 00M.AA27 provided in this sodion, except by Comminaion including the provisions of transfer to a person who is -

$$30.7 (a) through (0,30.9,30.10 (i) S Irrtemesonal Spiose Surwys BE-30 30.14(d),30.34,30.41, and 30.51 to f"'""'pedBcally he=n=d by the i-ioe to receive this material:or of Sdeced 30.63, inclusive, of Part 30 of this (ii) Exsanpt froen the requirements for Servloes TransecMons M dnaptar: $$40.7 (a) through (f),40.9 a license for material under $ 30.14 of p,,,,,,

40.10,40.41,40.51,40.01,40.63 this dhaptw.

inclusive,40.71 and 40.81 of Part 40 of (4) Shall not, under the general AestCY: Bureau of Economic Analysis, this chapter: $$70.7 (a) through (0, 70.9, licenso nmn='ning acdvities in an- Commerce 70.10,70.32,70.42,70.51 to 70.56, Agr==nant States orin areas of ACnost: Final rule.

inclusive, 70.60 to 70.62, inchisive, and exclusive Federal turiedktion within to the p,vCh of 10 CFR Parts 19,20 Agreement States, possess or use sunneARY:These final rules amend the reporting requirements for the BE-20.

and 71 and subpart B of Part 34, $I39.15 radioactin materials, or ongsp in the and 39.31 through 39.77,ladesive, of Benchmark Survev of Selected Services Part 39 of this chapter. in addition, any activities authorised in paragraph (a) of Trannar+ ions with'UnafBliated Foreign this section, for more than 180 days in Persons.

person engaging in activities in men. any calendar year, except that the Agreement States, in areas of esclusive pnaral license in paragraph (a) of this  % BE-20 benchmark survey is Federaljurisdicion within Agreement sedian concoming edivities in offshm conducted by the Bureau of Economic States, or in offshore waters under the Analysis (BEA), U.S. Department of pneralliososes provided in this waters authorizes that person to poseems f%mmerce, under the International w use radioactiw mawals, w engage i section: in the activities authorised, for an Investment and Trede in Services (1) Except as specf 6ed in peregraph unlimited period of time. Survey Act. It is taken onca every five ic) of this section, shall, et least 3 days * * * *

• years. b last survey was conducted for i 1991, and the next survey will be .

I e

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