ML20138P983

Discusses Enforcement Guidance Memo Re Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction

ML20138P983
Person / Time
Issue date:	02/05/1997
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Beach A, Miller H, Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
Shared Package
ML20138P979	List: ML20138P975 ML20138P983
References
NUDOCS 9703060044
Download: ML20138P983 (6)

Text

February 5,1997EGM 97-002 MEMORANDUM TO: Hubert J. Miller, Regional Administrator Region I Luis A. Reyes, Regional Administrator Region II A. Bill Beach, Regional Administrator i Region 111 l

L. Joe Callan, Regional Administrator l Region IV I Roy Zimmerman, Associate Director for j Projects, NRR I Brian W. Sheron, Acting Associate Director for Inspection and Technical Assessment; NRR Elizabeth Q. Ten Eyck, Director, Division of Fuel Cycle Safety and Safeguards, NMSS Donald A. Cool, Director, Division of Industrial and Medica? Nuclear Safety, NMSS John T. Greeves, Director, Division of Waste Management, NMSS I Charles J. Haughney, Acting Director, Spent Fuel  ;

Project Office, NMSS FROM: James Lieberman, Director Office of Enforcement

SUBJECT:

ENFORCEMENT GUIDANCE MEMOkANDUM RECOGNITION OF  !

AGREEMENT STATE LICENSES IN AREAS UNDER EXCLUSIVE FEDERAL JURISDICTION On January 13,1997, the Commiss'.m published a rule change to 10 CFR 150.20 to allow recognition of Agreement State licenses in areas under exclusive Federaljurisdiction (62 FR 1662). Example VI.C.9 of the NRC Enforcement Policy provides an example of failure to submit an NRC Form 241 in accordance with the requirements in Section 150.20. This example also applies to the requirement than an Agreement State licensee file Form 241 before conducting work in areas under exclusive Federaljurisdiction.

The burden is on the Agreement State licensee to determine if the Federal area is one of exclusive jurisdiction.

This requires contacting the Federal agency. In the past, some Federal agencies has e made mistakes.

To avoid taking enforcement action against an Agreement State licensee for a mistake on the part of a Federal agency, the Commission provided in the Statements of Consideration that, absent extraordinary circumstances, the NRC will not take enforcement action against an Agreement State licensee for such a violation if the licensee has

) evidence that it received a determination from a Federal agency, before beginning work, that the area of work is not under exclusive Federaljurisdiction. This evidence may be a written statement from the Federal agency that provided the determination and the date that it was provided, or a written record made by the licensee with the name and title of the person at the Federal agency who provided the determination and the date that it was provided. In the absence of such evidence, a Severity Level Ill violation is warranted.

9703060044 970226 PDR STPRC ESGGEN PDR

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Multiple Addressees l The Federal Register Notice is enclosed. Note the provision for enforcement discretion as discussed above.

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Enclosure 62 FR 1662 -

i cc: E. Jordan, DEDO i C. Tw- "3, NMSS '

J. Goldberg, OGC >

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l 4862 Federal Register / Vd. 62, No. 8 / Monday, Jaluary 13, 1997 / Rules and Regul:tions

(:) prepare shall The Director and submit cf to thetheCotton Division 0001, t;lephone (301) 415-6196, e-mail investigatory or enforcemen MFHensc. gov.

Secretary a re of the results of the regulate licensees operating under sign-up peri .The Secretary will SUPPLDsDffARY INFORhlADON. f*CIProcity. In addition, the commenter conduct a referendum if ussted by 10 Background believes that the currer* reciprocity percent or more of the num r of cotton system reduces the participation of On June 18,1996 (61 Flt 30839), the citizens in the regulatory process producers and importers voting in the most recent (July 1991) referendum, but NRC published a proposed rule in the because the regulatory agency in this not more than 20 percent of the total Federal Register that would clarify that commenter's state does not,in the Agreement State licensees could seek commenter's view, exert adequate requests counted towarti the 10 percent reciprocal recognition of their lleense regulatory authority over licensees figureormay state frombe from produars importers in any one from the NRC when they are working of cotton.no operating under reciprocity.

Secretary shall announce the results of within areas of exclualve Federal he commenter also had several lurisdiction in Agreement States, specific objections to the proposed rule.

the sign-up period in a separate notice Current regulations, subject to certain J

in the Federal Register. The commenter indicated that this l restrictions, allow any person who rulemaking will reduce recordkeeping  ;

g, g,,,, , %, holds a specific license from an requirements because of certain i Agreement State to conduct activities The Administrator is hereby authorized to prescribe additional permitted by that license in non- language recordkeeping changes kroposed regarding at s e licensee's Agreement States and offshore waters Agmement State office. In addition, the Instructions and forms consistent with using an NRC generallicense.The l

, the provisions of this subpart to govern commenter believes that the ruls will l conduct of the, sign-up period. generallicense is granted under the remove a variety of requirements authority contained in to CFR 150.20, including existing fee requirements, the 1

Deted: January 7.1'997. ** Recognition of Agreement State Kenneth C. Oeytea, existing 3 day advance deadline for l.icenses." To meet the requirements of filing with the Commission, and ActingAdministrator.

$150.20, a licensee must submit an NRC existing reporting and compliance 1

[FR Doc.97-786 Filed 1-10-97: 8s5 aml Form 241 at least 3 days before engaging requirements applicable to

""**C""" in the activities (subject to some ,

radiographers. Finally, the commenter '

exceptions as noted in $150.20). If an Agreement State licensee does not believes that the rulemaking l qualify for a generallicense under inappropriately broadens the authority l NUCLEAR REGULATORY of NRC Regional Administrators to l

COMMIS840N 5150.20, the licensee must apply for and grant, by telephone, a waiver of the 3-obtain a specific license to work in areas  !

day filing requirement before starting l 10 CFR Parts 150 and 170 of NRClurisdiction. work under the generallicense.

Need for Regulatory Action Response. The NRC has full Red sin &Am enf reement and inspection authority to ne NRC believes that there are Recognition of Agreement State several problems with the current mg a e acuses of Agmement itated St8t* IIC8n8888 Perating under Licenses in Areas Under Excluelvet Federal Madction Me en (lati["' j in $150.20 aking action. that First e current reciprocity in areas of NRC jurisdiction.

Agreement State regulation does not include provisions Agreement State licensees operatin to allow A8""ent State licensees to under reciprocity must comply wi all Aos0CY: Nuclear Regulatory qualify for an NRC general license when of NRC's regulatory uirements. As Commission. OPersting in areas of exclusive Federal such, the Commissio lieves that an ACTl0N: Final rule. jurisdiction within Agreement States. appropriate avenue for citir.en access in Second, there has been some confusion addressing issues of reciprocity is the sunasAMv:The Nuclear Regulatory F'8arding the NRC regulations NRC itself. If an individual has safety Commission (NRC)is amending its applicable to Agreement State licensees concerns about the conduct of a licensee regulations to clarify that Agreement Operating in areas of NRC furisdiction Operating under reciprocity, that State licensees can seek reciprocal Pursuant to $150.20. Third, $150.20 individual should contact NRC and recognition of theirlicense from the does not reference the appropriate fee their concerns will be addressed NRC when they are working within requirements applicable tu Agreement through NRC's allegation review areas of exclusive Federal jurisdiction in State 1 neees ho f an NRC Proc,s, la s RC ul ory nqu rem nts f n-A ment S a es." Finally, the the s miem g ves m than s been ,

for reciprocity and the ap ropriate fees e co so rding the . , ,

end filing procedures app icable to gP '

Agreement State liansees operating Comments on the Proposed Rule NRC regulatory practice (with respect to under reciprocity. reciprocity in areas of exclusive Federal EFFECTWE DaTE: February 27,1997. The Commission received one letter jurisdiction) or clarifies existing commenting on the proposed rule. A requirements applicable to licensees FOR FURTHEM INFORs4ATION CONTACT: copy of the letter is available for public Hampton Newsome, Offia of the operating under reciprocity in areas of i; inspection and copying for a fee at the NRC jurisdiction. While this rulemaking Ceneral Counsel, U.S. Nuclear Commission's Public Document Room, may facilitate increased use of this Regulatory Commission, Washington, located at 2120 L Street, NW (Lower generallicense provision, the DC 20555-0001, telephone (301) 415- Level), Washington, DC.

1623, e-mail itHNentc. gov or Mark Commission does not view this as a Comment. The commenter indicated concern given the full regulatory power Haisfield, Office of Nuclear Regulatory that NRC's overall system of reciprocity that NRC has over these licensees with .

Research, U.S. Nuclear Regulatory is flawed because state regulatory respect to activities conducted under Commission, Washington, DC 20555- agencies do not have meaningful reciprocity.

Uederal Register / V 1. 62, No. 8 / Monday, January 13, 1997 / Rules and Regul:tions 1883 As 13 the commenter's specific for clarification or grammatiml concess, the Commission notes that purposes). ta materi:Is licensees. %e revi, sed this rulemaking will not offect the $150.20 clearly indicates that hcensees reporting requimments in $150.20. Esgu atory Acum oPereting pursuant to the rule s Language in $150.20(a) has been provisions must comply with all NRC clarified to indicate that, in order to Exclusive Fedemifurisdiction regulations applicable to materials qualify for the general license, a perse ne current wording of $150.20 has created confusion for Agreement State II '"gg"mendment is consistent with must have a specific license from an Agreement State where the licensee liconeses operating in armes of exclusive the ori nelintent of the rule. When maintains an offim for directing the Federal jurlediction within Agreement origina ly issued in 1962 (27 FR 1351:

licensed activity and for retainin States. An area of exclusive Federal February 14,1962), $150.20 required radiation safety records. These itorial jurisdiction is an area over which the Agreement State limnsees to comply Federal Government exercises legal with "the appropriate provisions of to changes clarify, but do not alter any CFR Parts 20,30,31,40, and 70" of the existing recordkeeping requirements. mntrol without interference fmm the The addition oflanguage in this furisdiction and administration of State Commission's regulations. The rule law. Arena of exclusive Federal required compliance with all NRC rulemaking related to fees simpl,y serves to provide additional notica to hceneses jurisdiction exist in both Agreement and regulations a pliable to NRC materials that certain fee requirements in to CFR non-Agreement States. Because the licensees at t at time. In 1965, many of i Federal Government has sole authority the requirements in to CFR Part 30 were I Part 170 apply to Agreement State relocated to newly created regulatory

. licensees operating under reciprocity. over areas of exclusive Federal pmvisions in to CFR Parts 32,33,34. )

This rulemaking does not remove or Jurisdiction in Agreement States, the NRC has jurisdiction over Atomic 35, and 36 (30 FR 8185;)une 26.1%5).

alter existing fee requirements.

Similarly,this rulemaking does not Energy Act activities conducted in those A conforming amendment to $150.20 areas. Section 150.20 contains the was not made in response to this involve any change to the current time change. Since 1965, specific requirements for reciprocity filings. In notification procedures (une of an NRC most cases, licensees must file the NRC Form 241) regarding general licenses for requirements have been added to

$150.20 that may have oested the Form 241 at least 3 days before engaging Agreement State licensees seeking to impression that certain NRC in activities under reciprocity. However. operate in areas of NRC jurisdiction as the proposed rule explained in more (e.g., non Agreement States and offshore requimments otherwise applicable to waters). materials licensees are not applicable to detail, the Regional Administrator may general licensees under $150.20. This is waive the 3-day uirement, because of However, $150.20 does not indicate I not the case. It is NRC's position that an emergency or er reasons, provided that the NRC may grant reciprocity to Agreement State licensees operating in Agreement State licensees to conduct '

the licensee receives authorization and areas of NRC jurisdiction pursuant to files the appropriate information within activities in amas of exclusive Federal jurisdiction within an Agreement State. $150.20 must comply with those 3 days, in addition, this rule does not broaden the authority for telephone The current regulation only authorizes a regulations applicable to NRC licensees.

This amendment will clarify the waivers of the 3-day filing requirement. general license for activities cxmducted i While this rulemaking does add In non. Agreement States, whether or not applicable requirements.

I language to indicate that a waiver may in an area of exclusive Federal feesImposedon Agreement State be given "because of an emergency or jurisdiction within that non-Agreement' Ucensees Operating Under Reciprocity other reasons," this addition simply State, and offshore waters. Despite the omission in the regulation,the NRC ne amendment adds appmpriate provides an example of an instance references to $150.20 regarding the when a waiver may be appropriate. As staff, under current practice, permits an relevant fee 2

Agreement State licensee to operate in utrements in to CFR Part such, this rulemaking does not expand 170. %e fee edule in to CFR Part or otherwise change the Regional an area of exclualve Federal jurisdiction 170 is being updated to indicate that within the Agreement Stateif the Administrators' current discretion to there will be a charge for licensee

] grant waivers to the 3 day filin8 licensee submits an acceptable NRC Form 241. revisions to an NRC Form 241 in requirement. addition to the initial filing fee. A i

Finally, contrary to the commenter's The lack of a specific reference to areas of exclusive Federal jurisdiction clarification to an NRC Form 241 does assertions, this rulemaking does not not require a fee. The NRC Form 241 is i has caused confusion for limnsees, eliminate any existing requirements being revised to include,in the i Agreement States, and, occasionally, the instructions on the form,information applicable to radiographers operating under reciprocity in areas of NRC NRC staffin interpreting the coverage of concerning revisions and clarifications.

! lurisdiction. However, the reference to a the reciprocity provisions in $150.20. In addition, this amendment involves This rulemaking amends $150.20 to Part 71 requirement applicable to a minor conforming change to the provide a specific reference to areas of radiographers in the proposed rule has schedule for materials fees in $170.31,

, exclusive Federaljurisdiction.

been eliminated in the final rule " Schedule of Fees for Materials Licenses because it is not necessary. The present Regulatone Requirements Applicable to and Other Regulatory Services.

' rule does not alter the requirements f!50.20 Deensees including Inspections. and import and spplicable to radiographers operating The specific references to other NRC Export Limnses," to clarify that the fee 1

under reciprocity, regulatory requirements in $150.20 has requirement applies to activities No changes in the rule have been conducted under reciprocity pursuant to also been a source of confusion. $150.20 regardless of the location of the made in response to this comment.

Arc.ording 1o $150.20(b), persons activities.

Minor editorial changes have been made operating under the generallicense to the rule (e.g.,in $150.20(b) the word Filing Procedures must cetoply with a variety of specific "vslid"in the proposed rule has been NRC regulatory requirements. However.

changed to " applicable" and other The amendment also clarifies the

$150.20 does not specifically reference promdures for filing an NRC Form 241 changes have been made in this section all NRC regulations that are applicable for reciprocity described in $150.20(bt 4

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5 1664 Federal Register / Val. 62, No. 8 / M:nday, January 13, 1997 / Rules and Regulations ne clarifications include identifying EnvironmentalImpact: Categorical what needs to be submitted, specifying Exclusion ' Agreement State licensees operating in I the pmcedure to use when an areas of exclusive Federal jurisdiction. I emergency filing is necessary, and ne Commission has determined that Small Business Regulatory Enforcement making revisions to the initial filing. this regulation is the type of action Fairness Act

• i described as a categorical exclusion in Rese clarifications do not impose any 10 CFR 51.22(c)(1). nerefore, neither additional requirements on the in accordance with the Small an environmentalimpact statement nor Business Regulatory Enforument Act d Agreement State licensee.

an environmental assessment has len 1996, the NRC has determined that this i

Pnpared for this regulation. action is not a major rule and has -j Enforcement verified this determination with the N If an Agreement State b.eensee fails to Paperwork Reduction Act Statement notify the NRC before conducting work OfBce ofInformation and Regulatory )

This rule does not contain a new or Affairs. OfHee ogManagement and in an area of exclusive Federal amended information collection Budget.

Jurisdiction, the NRCis denied an requirement subject to the Paperwork Backfit Analysis opportunity to inspect the activity to Reduction Act of1995 (44 U.S.C. 3501 det:rmine that it is being conducted The NRC has determined that the i sally and in accordana with NRC fedy 0 o backat rule, to CFR 50.109, does not requirements. He current NRC and Budget, approval number 3150-gement apply to this final rule and, therefore, a

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i Enforcement Policy (" General Statement 0032* backfit analysts is not required, because cf Policy and Procedures for NRC these amendments do not involve any Public Protection Notification Enforcement Actions", NUREG 1600) provisions that would impose backfits .

contains an example in Supplement ne NRC may not conduct or sponsor, as defined in to CFR 50.109(a)(1).

VI.C.9 of failure to submit an NRC Form and a person is not required to respond 1.ist MSub to, a collection ofinformation unless it 241 in accordance with 10 CFR 150.20.

Under the Enformment Policy, this displays a currently valid OMB control 20 CFR Part ISO number.

violation is categorized at Severity level Criminal penalties, Hazardous -

III, which constitutes escalated Regulatory Analysis m erials ans ortat1on, enforcement action. However, absent This final rule does not impose any extraordinary circumstances, the NRC new requirements or additional costs to materials, Reporting and recordkeeping -

will not take enforcement action against licensees because the rulemaking requirements, Security measures, an Agreement State licensee for such a cod 1Ses current practice that allows Source material. Special nuclear l

violation if the licensee hu evidence Agreement State licensees to work material.

that it received a determination, before under an NRC general license. Because 20 CFR Part f 70 beginning work, from a FrJeral Agency the rulemaking improves the clarity and th:1 the area of work is not under consistency of the NRC's regulations,it Byproduct material, import and cxclusive Federal jurisdiction. This will benefit Agreement State licensees export licenses. Intergovernmental evidence may be a written statement relations,Non payment penalties. q operating in areas of exclusive Federal from the Federal Agency that provided jurisdiction. Nuclear materials, Nuclear power plants j the determination and the date that it and reactors, Source material, Special This rule will result in a minor nuclear material. g i was provided, or a written record made reduction in NRC resources (estimated l by the licensee with the name and title to be one-sixth of a staff year per year) For the reasons set out in the cf the person at the Federal Agency who currently being expended to explain our preamble and under the authority of the l provided the determination and the date fee schedule and to clarify for licensees Atomic Energy Act of 1954, as amended, that it was provided, and Agreement States the conditions the Energy Reorganization Act of 1974, under which an Agreement State as amended, and 5 U.S.C. 552 and 553, Compatibility of Agreement State the NRC is adopting the following Regulatione licensee can operate within an area of 1 exclusive Federal jurisdiction. NRC amendments to to CFR Parts 150 and 4 170. '

The provisions in $150.20 will resources to amend $150.20 are j continue to be a Division l item of estimated to be about one-half of a staff PART 150-EXEMPTIONS AND compatibility. The Commission year, which is a cost effective, one-time CONTINUED REGULATORY recognizes that portions of the rule use of resources. This constitutes the regulatory analysis for this final rule. AUTHORITYIN AGREEMENT STATES epply to matters under NRC s AND IN OFFSHORE WATERS UNDER jurisdiction (e.g., offshore waters and . Regulatory Flexibility Certificatica SECTION 274 areas of exclusive Federal Jurisdiction). As required by the Regulatory 1. ne authority citation for Part 150 De Agreement States should fashion Flexibility Act of 1980,5 U.S.C. 605(b), continues to read as follows:

th1ir own rules implementing this provision in a manner consistent with the Commlulon certifies that this rule Authority: Sec.161,6s Stat. e48, as -

does not have a significant economic amended, sec. 274. 73 Stat. see (42 U.S.C l

thiir authority. The Commission la impact upon a substantial ntunber of 2201. 2021h sec. 201, as Stat.1242. as currently developing implementing small entitles.

procedures for a new Adaquacy and arnended (42 U.S.C 58411. Sections 150.3 De final rule does not impose any 150.15.15015a.150.31,150.32 also issued Compatibility Policy that was approved new requirements or additional costs to u der s sa Sta 23. 35 by the Commission on June 29,1995. , 1e(2

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licensees because the rule codifies 2 The Commission will continue to apply current practice that allows Agreement U.SC 20M 2m 2m m). Secdon th3 current compatibility designation to State licensees to work under an NRC 150.14 also inued under sec. 53,6s Stat. eso,

$150.20 until it gives its final approval generallicense. Because this rule as amended (42 U.S.C 20731. Section 150.15 to the implementing procedures for the also issued under secs. 135,141. Pub.L.97-improves the clarity and consistency of 425,96 Stat. 2232. 2241 (42 U.S.C 1o155, new Policy. NRC's legulations, it will benefit 1o1611. Section 150.17a also issued under l

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. Federal Register / V:1.' 62, No. 8 / Monday, J:nuary 13, 1997 / Rules and Regulations 1665 sec.122.68 Stat. 939 (42 U.S.C 2152).

Section 150.30 also issued under sec. 234,83 bef:re cngaging in each activity for the(c) A person cngaging in activities in Stat. 444 (42 U.S.C 2282).

first tim)in a calendar year, file a offshore waters under the general submittal containing an NRC Form 241, license provided for that purpose in

2. Section 150.20 is amended by " Report of Proposed Activities in Non. paragraph (a) of this section need not revising paragraphs (a), the introductory Agreement States,** 4 copies ofits text of (b), (b)(1), and the introductory file an NRC Form 241 with the Agreement State specific license, and Commission under paragraph (b)(1) of text of (c), redesignating paragraphs the appropriate fee as prescribed in this section provided that:

(b)(2) through (b)(4) as paragraphs (b)(3) $170.31 of this chspter with the . . . . .

through (b)(5), revising redesignated Regional Administrator of the U.S.

paragraphs (b)(3) and (b)(4), and adding Nuclear Regulatory Commission a new paragraph (b)(2) to read as PART 170--FEES FOR FACluTIES, follows: Regional Office listed on the NRC Form MATERLALS, IMPORT AND EXPORT 241 and in Appendix D of Part 20 of this UCENSES, AND OTHER

$150.20 Recognition of Agrooment 8tsee chapter for the Region in which the Agreement State that issued the limnse REGULATORY SERYlCES UNDER THE a enees. ATOMIC ENERGY ACT OF 1954, AS (a)(1) Provided that the provisions of is located. If a submittal cannot be filed AMENDED paragraph (b) of this section have been 3 days before engaging in activities under reciprocity, because of an 3.no authority citation for Part 170 met, any person who holds a specific license from an Agreement State,where emergency or other reason, the Regional continues to read as follows:

Administrator may waive the 3-day time Authority: 3 t U.S.C. 9701, sec. 30t, Pub, the licensee maintains an office for requirement provided the licensee:

directing the licensed activity and L 92-314, as Stat. 222 (42 U.S.C 2201wh (i) Informs the Region by telephone, sec. 201, as Stat.1242. as amended (42 retaining radiation safety records,is facsimile, an NRC Form 241, or a letter U.S.C 584th sec 205, Pub L 101-576,104 granted a general license to conduct the ofinitial activities or revisions to the Stat 2s42,131 U.S.C 9021 same activity in-(1) Non-Agreement States; information submitted on the initial NRC Form 241; $ 170.31 (Amended]

(11) Areas of exclusive Federal (ii) Receives oral or written jurisdiction within Agreement States; 4. Section 170.31 is amended by and authorization for the activity from the removing the phrase "in a non-Region; and Agreement State" from Category 16 of 011) Offshore waters. (fil) Within 3 days after the the Schedule of Materials Fees.

(2) The provisions of paragraph (a)(1) notification, files an NRC Form 241,4 of this section do not apply if the Dated at Rockville, Maryland, this 30th day specific Agreement State license limits copies of the Agreement State license, of Dommber,1996.

and the fee payment.

the authorized activity to a specific For the Nuclear Regulatory Commission.

installation orlocation. (2) Shall nie an amended NRC Form Jam M. Taylor, 241 or letter and the appropriate fee es (b) Notwithstanding an provision to prescribed in $ 170.31 of this chapter the contrary in any speci c license with the Regional Administrator to p ,

issued by an Agreement State to a r 7 M request approval for changes in work name coes me ewe person engaging in activities in a non- locations, radioactive material, or work Agreement State,in an area of exclusive activities different from th9 information Federal jurisdiction within an Agreement State, or in offshore waters contained on the initial NRC Form 241. DEPARTMENT OF COMMERCE (3) Shall not, in any non-Agreement under the general licenses provided in State, in an area of exclusive Federal Burseu of Economic Analysis this section, the generallicenses jurisdiction within an Agreement State, provided in this section are subject to or in offshors waters, transfer or dispose 15 CFR Par 1801 all the provisions of the Act, now or of radioact!ve material possessed or hereafter in effect, and to all applicable used under the general h' censes IDocket No. 960918263-6345 42]

rules, regulations, and orders of the RIN 0001-AA27 provided in this section, except by Commission including the provisions of transfer to a person who is -

$$30.7 (a) through (f), 30.9.30.10, (i) Specifically bcensed by the International Services Surveys: EE-20 30.14(d),30.34,30.41, and 30.51 to Commission to receive this material; or Benchmark Survey of Selected 30.63, inclusive, of Part 30 of this (ii) Exempt from the requirements for Services Transactions With chapter; $$40.7 (a) through (f),40.9, a license for material under 5 30.14 of Unaffl!!ated Foreign Persons 40.10,40.41,40.51,40.61,40.63 this chapter.

inclusive,40.71 and 40.81 of Part 40 of (4) Shall not, under the general AGENCY: Bureau of Economic Analysis, this chapter; $$70.7 (a) through (f),70.9, license concerning activities in non- Commera.

70.10,70.32,70.42,70.51 to 70.56, Agreement States or in areas of ACTION: Final ule.

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

and 71 and subpart B of Part 34, $$39.15 radioactive materiefs, or engage ln the and 39.31 through 39.77, inclusive, of Benchmark Survey of Selected Services activities authorized in paragraph (a) of Transactions with Unaffiliated Foreign Part 39 of this chapter. In addition, any this section, for more than 180 days in Persons.

person engaging in activities in non. any calendar year, except that the Agmement States,in areas of exclusive general license in paragraph (a) of this The BE-20 benchmark survey is Federal jurisdiction within Agreement conducted by the Bureau of Economic section conceming activities in offshore States, or in offshore waters under the Analysis (BEA), U.S. Department of waters authorizes that person to possess Commerce, under the International generallicenses provided in this or use radioactive materials, or engage section: -in the activities authorized, for an Investment and Trade in Services (1) Except as specified in paragraph unlimited period of time. Survey Act. It is taken once every five (c) of this section, shall, at least 3 days * * * *

• years. The last survey was conducted for 1991, and the next survey will be e

0"