ML20138P983
| 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: |
| 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. Joe Callan, Regional Administrator Region IV 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 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
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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 determi ation and the date that it was n
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.
f t 2 FR 1662 i
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E. Jordan, DEDO i
C. Tw- "3, NMSS J. Goldberg, OGC 4
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l 4862 Federal Register / Vd. 62, No. 8 / Monday, Jaluary 13, 1997 / Rules and Regul:tions
(:) The Director cf the Cotton Division 0001, t;lephone (301) 415-6196, e-mail investigatory or enforcemen shall prepare and submit to the MFHensc. gov.
Secretary a re of the results of the regulate licensees operating under f*CI rocity. In addition, the commenter sign-up peri.The Secretary will SUPPLDsDffARY INFORhlADON.
P conduct a referendum if ussted by 10 Background believes that the currer* reciprocity system reduces the participation of percent or more of the num r of cotton producers and importers voting in the On June 18,1996 (61 Flt 30839), the citizens in the regulatory process most recent (July 1991) referendum, but NRC published a proposed rule in the because the regulatory agency in this Federal Register 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 counted towarti the 10 percent reciprocal recognition of their lleense regulatory authority over licensees figure may be from produars in any one from the NRC when they are working operating under reciprocity.
state or from importers of cotton.no within areas of exclualve Federal he commenter also had several Secretary shall announce the results of lurisdiction in Agreement States, specific objections to the proposed rule.
the sign-up period in a separate notice Current regulations, subject to certain The commenter indicated that this J
in the Federal Register.
restrictions, allow any person who rulemaking will reduce recordkeeping g,
g,,,,, %,
holds a specific license from an requirements because of certain The Administrator is hereby Agreement State to conduct activities i
language changes kroposed regarding authorized to prescribe additional permitted by that license in non-recordkeeping at s e licensee's Instructions and forms consistent with Agreement States and offshore waters Agmement State office. In addition, the the provisions of this subpart to govern using an NRC generallicense.The commenter believes that the ruls will l
generallicense is granted under the remove a variety of requirements conduct of the, sign-up period.
authority contained in to CFR 150.20, including existing fee requirements, the 1
Deted: January 7.1'997.
- Recognition of Agreement State existing 3 day advance deadline for Kenneth C. Oeytea, 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
[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 inappropriately broadens the authority qualify for a generallicense under of NRC Regional Administrators to NUCLEAR REGULATORY 5150.20, the licensee must apply for and grant, by telephone, a waiver of the 3-COMMIS840N obtain a specific license to work in areas of NRClurisdiction.
day filing requirement before starting 10 CFR Parts 150 and 170 work under the generallicense.
Need for Regulatory Action Response. The NRC has full Red sin &Am ne NRC believes that there are enf reement and inspection authority to Recognition of Agreement State several problems with the current mg a e acuses of Agmement St8t* IIC8n8888 Perating under Licenses in Areas Under Excluelvet (lati["' in $150.20 that reciprocity in areas of NRC jurisdiction.
itated Federal Madction Me en j aking action. First e current Agreement State regulation does not include provisions Agreement State licensees operatin to allow A ""ent State licensees to under reciprocity must comply wi all 8
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 for reciprocity and the ap ropriate fees s been e co so rding the.
end filing procedures app icable to gP NRC regulatory practice (with respect to Agreement State liansees operating under reciprocity.
Comments on the Proposed Rule reciprocity in areas of exclusive Federal The Commission received one letter jurisdiction) or clarifies existing EFFECTWE DaTE: February 27,1997.
commenting on the proposed rule. A requirements applicable to licensees FOR FURTHEM INFORs4ATION CONTACT:
copy of the letter is available for public operating under reciprocity in areas of Hampton Newsome, Offia of the inspection and copying for a fee at the NRC jurisdiction. While this rulemaking i;
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.
Commission does not view this as a 1623, e-mail itHNentc. gov or Mark 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 provisions must comply with all NRC Language in $150.20(a) has been Exclusive Fedemifurisdiction regulations applicable to materials clarified to indicate that, in order to II '"gg"mendment is consistent with qualify for the general license, a perse ne current wording of $150.20 has must have a specific license from an created confusion for Agreement State 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 jurisdiction is an area over which the Agreement State limnsees to comply radiation safety records. These itorial changes clarify, but do not alter any Federal Government exercises legal with "the appropriate provisions of to existing recordkeeping requirements.
mntrol without interference fmm the CFR Parts 20,30,31,40, and 70" of the furisdiction and administration of State Commission's regulations. The rule The addition oflanguage in this 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
Part 170 apply to Agreement State Federal Government has sole authority the requirements in to CFR Part 30 were I
. licensees operating under reciprocity.
over areas of exclusive Federal relocated to newly created regulatory
)
This rulemaking does not remove or Jurisdiction in Agreement States, the pmvisions in to CFR Parts 32,33,34.
alter existing fee requirements.
NRC has jurisdiction over Atomic 35, and 36 (30 FR 8185;)une 26.1%5).
Similarly,this rulemaking does not Energy Act activities conducted in those A conforming amendment to $150.20 involve any change to the current time areas. Section 150.20 contains the was not made in response to this requirements for reciprocity filings. In notification procedures (une of an NRC change. Since 1965, specific most cases, licensees must file the NRC Form 241) regarding general licenses for requirements have been added to Form 241 at least 3 days before engaging Agreement State licensees seeking to
$150.20 that may have oested the in activities under reciprocity. However. operate in areas of NRC jurisdiction impression that certain NRC 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 waive the 3-day uirement, because of However, $150.20 does not indicate general licensees under $150.20. This is I
that the NRC may grant reciprocity to not the case. It is NRC's position that an emergency or er reasons, provided the licensee receives authorization and Agreement State licensees to conduct Agreement State licensees operating in files the appropriate information within activities in amas of exclusive Federal areas of NRC jurisdiction pursuant to 3 days, in addition, this rule does not jurisdiction within an Agreement State.
$150.20 must comply with those broaden the authority for telephone The current regulation only authorizes a regulations applicable to NRC licensees.
waivers of the 3-day filing requirement. general license for activities cxmducted This amendment will clarify the i
While this rulemaking does add In non. Agreement States, whether or not applicable requirements.
I in an area of exclusive Federal feesImposedon Agreement State language to indicate that a waiver may jurisdiction within that non-Agreement' Ucensees Operating Under Reciprocity be given "because of an emergency or other reasons," this addition simply State, and offshore waters. Despite the ne amendment adds appmpriate provides an example of an instance omission in the regulation,the NRC references to $150.20 regarding the when a waiver may be appropriate. As staff, under current practice, permits an relevant fee utrements in to CFR Part such, this rulemaking does not expand Agreement State licensee to operate in 170. %e fee edule in to CFR Part 2
or otherwise change the Regional an area of exclualve Federal jurisdiction 170 is being updated to indicate that Administrators' current discretion to within the Agreement Stateif the there will be a charge for licensee licensee submits an acceptable NRC
]
grant waivers to the 3 day filin8 Form 241.
revisions to an NRC Form 241 in requirement.
Finally, contrary to the commenter's The lack of a specific reference to addition to the initial filing fee. A i
i assertions, this rulemaking does not areas of exclusive Federal jurisdiction clarification to an NRC Form 241 does eliminate any existing requirements has caused confusion for limnsees, not require a fee. The NRC Form 241 is being revised to include,in the applicable to radiographers operating Agreement States, and, occasionally, the instructions on the form,information i
under reciprocity in areas of NRC NRC staffin interpreting the coverage of lurisdiction. However, the reference to a the reciprocity provisions in $150.20.
concerning revisions and clarifications.
In addition, this amendment involves Part 71 requirement applicable to This rulemaking amends $150.20 to a minor conforming change to the radiographers in the proposed rule has provide a specific reference to areas of schedule for materials fees in $170.31, been eliminated in the final rule exclusive Federaljurisdiction.
" 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 under reciprocity, regulatory requirements in $150.20 has requirement applies to activities 1
No changes in the rule have been also been a source of confusion.
conducted under reciprocity pursuant to made in response to this comment.
Arc.ording 1o $150.20(b), persons
$150.20 regardless of the location of the Minor editorial changes have been made operating under the generallicense activities.
to the rule (e.g.,in $150.20(b) the word must cetoply with a variety of specific Filing Procedures "vslid"in the proposed rule has been changed to " applicable" and other NRC regulatory requirements. However.
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
' Agreement State licensees operating in what needs to be submitted, specifying Exclusion I
the pmcedure to use when an areas of exclusive Federal jurisdiction.
I emergency filing is necessary, and ne Commission has determined that making revisions to the initial filing.
this regulation is the type of action Small Business Regulatory Enforcement i
Fairness Act Rese clarifications do not impose any described as a categorical exclusion in additional requirements on the 10 CFR 51.22(c)(1). nerefore, neither in accordance with the Small Agreement State licensee.
an environmentalimpact statement nor Business Regulatory Enforument Act d an environmental assessment has len 1996, the NRC has determined that this Enforcement Pnpared for this regulation.
action is not a major rule and has
-j i
verified this determination with the N
If an Agreement State b.eensee fails to Paperwork Reduction Act Statement OfBce ofInformation and Regulatory
)
notify the NRC before conducting work 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 The NRC has determined that the i
det:rmine that it is being conducted fedy backat rule, to CFR 50.109, does not
)
sally and in accordana with NRC 0
o gement requirements. He current NRC and Budget, approval number 3150-apply to this final rule and, therefore, a i
Enforcement Policy (" General Statement 0032*
backfit analysts is not required, because cf Policy and Procedures for NRC Public Protection Notification these amendments do not involve any 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 241 in accordance with 10 CFR 150.20.
to, a collection ofinformation unless it 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 material.
l violation if the licensee hu evidence Agreement State licensees to work 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 Byproduct material, import and th:1 the area of work is not under consistency of the NRC's regulations,it cxclusive Federal jurisdiction. This will benefit Agreement State licensees export licenses. Intergovernmental evidence may be a written statement operating in areas of exclusive Federal relations,Non payment penalties.
q from the Federal Agency that provided jurisdiction.
Nuclear materials, Nuclear power plants j
the determination and the date that it This rule will result in a minor and reactors, Source material, Special g
i nuclear material.
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, Compatibility of Agreement State under which an Agreement State as amended, and 5 U.S.C. 552 and 553, Regulatione licensee can operate within an area of the NRC is adopting the following 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 AUTHORITYIN AGREEMENT STATES epply to matters under NRC s regulatory analysis for this final rule.
AND IN OFFSHORE WATERS UNDER jurisdiction (e.g., offshore waters and
. Regulatory Flexibility Certificatica SECTION 274 areas of exclusive Federal Jurisdiction).
De Agreement States should fashion As required by the Regulatory
- 1. ne authority citation for Part 150 Flexibility Act of 1980,5 U.S.C. 605(b), continues to read as follows:
th1ir own rules implementing this the Commlulon certifies that this rule provision in a manner consistent with does not have a significant economic amended, sec. 274. 73 Stat. see (42 U.S.C Authority: Sec.161,6s Stat. e48, as 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.
arnended (42 U.S.C 58411. Sections 150.3 procedures for a new Adaquacy and 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 1e(2 s sa Sta
- 23. 35 by the Commission on June 29,1995.
licensees because the rule codifies e,,
9, 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 also issued under secs. 135,141. Pub.L.97-to the implementing procedures for the 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
e I
l
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 file an NRC Form 241 with the text of (b), (b)(1), and the introductory 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 PART 170--FEES FOR FACluTIES, a new paragraph (b)(2) to read as Regional Office listed on the NRC Form MATERLALS, IMPORT AND EXPORT follows:
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 REGULATORY SERYlCES UNDER THE a enees.
Agreement State that issued the limnse 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 emergency or other reason, the Regional continues to read as follows:
license from an Agreement State,where the licensee maintains an office for Administrator may waive the 3-day time Authority: 3 t U.S.C. 9701, sec. 30t, Pub, directing the licensed activity and requirement provided the licensee:
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-information submitted on the initial (1) Non-Agreement States; NRC Form 241;
$ 170.31 (Amended]
(11) Areas of exclusive Federal (ii) Receives oral or written
- 4. Section 170.31 is amended by jurisdiction within Agreement States; 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 Dated at Rockville, Maryland, this 30th day of this section do not apply if the copies of the Agreement State license, of Dommber,1996.
specific Agreement State license limits the authorized activity to a specific and the fee payment.
For the Nuclear Regulatory Commission.
(2) Shall nie an amended NRC Form installation orlocation.
(b) Notwithstanding an provision to 241 or letter and the appropriate fee es Jam M. Taylor, the contrary in any speci c license prescribed in $ 170.31 of this chapter with the Regional Administrator to p
r 7
M issued by an Agreement State to a 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 contained on the initial NRC Form 241.
DEPARTMENT OF COMMERCE Agreement State, or in offshore waters (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 all the provisions of the Act, now or or in offshors waters, transfer or dispose 15 CFR Par 1801 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 provided in this section, except by RIN 0001-AA27 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.
AGENCY: Bureau of Economic Analysis, inclusive,40.71 and 40.81 of Part 40 of (4) Shall not, under the general Commera.
this chapter; $$70.7 (a) through (f),70.9, license concerning activities in non-70.10,70.32,70.42,70.51 to 70.56, Agreement States or in areas of ACTION: Final ule.
inclusive,70.60 to 70.62, inclusive, and exclusive Federal jurisdiction within suneAARY:These final rules amend the to the provisions of 10 CFR Parts 19,20 Agreement States, possess or use and 71 and subpart B of Part 34, $$39.15 radioactive materiefs, or engage ln the reporting requirements for the BE-20.
Benchmark Survey of Selected Services and 39.31 through 39.77, inclusive, of 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 The BE-20 benchmark survey is Agmement States,in areas of exclusive general license in paragraph (a) of this conducted by the Bureau of Economic Federal jurisdiction within Agreement section conceming activities in offshore Analysis (BEA), U.S. Department of States, or in offshore waters under the waters authorizes that person to possess Commerce, under the International generallicenses provided in this or use radioactive materials, or engage Investment and Trade in Services section:
-in the activities authorized, for an (1) Except as specified in paragraph unlimited period of time.
Survey Act. It is taken once every five years. The last survey was conducted for (c) of this section, shall, at least 3 days 1991, and the next survey will be e
0"