ML20155D304

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Fr Notice of Reassumption of Sealed Source & Device Evaluation & Approval Authority from State of AR Effective 981001
ML20155D304
Person / Time
Issue date: 10/08/1998
From: Vietticook A
NRC OFFICE OF THE SECRETARY (SECY)
To:
Shared Package
ML20155D290 List:
References
NUDOCS 9811030189
Download: ML20155D304 (3)


Text

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NUCLEAR REGULATORY COMMISSION State of Arkansas Relinquishment of Sealed Source and Device Evaluation and Approval Authority and Reassumption by the Commission AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Reassumption of Sealed Source and Device Evaluation and Approval Authority from the State of Arkansas.

SUMMARY

Notice is hereby given that effective October 1,1998, the Nuclear Regulatory Commission reassumed regulatory authority for sealed source and device evaluations and approvais in the Agreement State of Arkansas in response to a request from the Governor of the State of Arkansas to relinquish this authority.

EFFECTIVE DATE: October 1,1998.

FOR FURTHER INFORMATION CONTACT: Mr. Lloyd A. Bolling, Jr., Agreement State Project Officer, Office of State Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-2327, Internet: LAB @ NRC. GOV.

9811030189 981023 PDR COMMS NRCC CORRESPONDENCE PDR

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SUPPLEMENTARY INFORMATION: Currently, the State of Arkansas has an Agreement with i

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the Nuclear Regulatory Commission (NRC) which grants the State authority to regulate specific categories of radioactive materials formerly regulated by the NRC. This Agreeme'nt was entered into on July 1,1963, pursuant to Section 274b of the Atomic Energy Act of 1954, as amended.

The NRC received a letter from Arkansas Governor Mike Huckabee dated July 1,1998 l requesting relinquishment of the State's authority to evaluate and approve sealed source and -

devices, and reassumption of this authority by the NRC. The requested action would involve 1

reassertion of regulatory authority by NRC over activities currently regulated by Arkansas l pursuant to its Agreement with NRC.

The Governor indicated that specific requests for tho Arkansas Radiation Control Program to perform SS&D evaluations had been few (three requests) since Arkansas became an Agreement State in 1963. He further indicated that no requests for SS&D evaluations were l

anticipated. The Governor stated that Arkansas is committed to maintaining a high quality i

regulatory program for radioactive materials. He also indicated that it would be difficult to maintain high quality in an extremely small and unique program area that demands atypical expertise on an infrequent basis and the State could not justify the resources required to perform the evaluations. Based on this, the State requests to relinquish its authority to perform sealed source and device evaluations.

- The Commission has agreed to the request and has notified Arkansas that effective October 1,1998 the NRC reassumed authority to evaluate and approve sealed source and

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e devices within the State of Arkansas. The State of Arkansas will retain authority to regulate the manufacture and use of sealed sources and devices within the State in accordance with its Section 274b Agreement with the NRC.

Dated at Rockville, Maryland this bth day of October,1998.

For the Nuclear Regulatory Commission.

l en-i-Annette Vietti-Cook, Acting Secretary of the Commission.

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', ,. ...,, STATE OF ARKANSAS

'j. - OFFICE OF THE GOVERNOR seau capaol Mike Huckabee i

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E o :n Shirley A. Jackson, Ph.D., Chair a 'o U.S. Nuclear Regulatory Commission ["

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Washington, D.C. 20555

Dear Dr. Jackson:

Upon the recommendation of the Arkansas Department of Health, I am requesting relinquishment of the radioactive material sealed source and device (SS&D) evaluation authority and the resumption of this authority by the Nuclear Regulatory Commission (NRC). In order to provide for an orderly transition of this authority, I recommend that an effective date of October 1,1998 be established.

This request is commensurate with your transmittal of State Agreements Program Information Bulletin, SP-95-116.

Specific requests for the Arkansas Radiation Control Program to perform SS&D evaluations have been few (three requests) since Arkansas became an Agreement State in 1963. We anticipate no future requests. Arkansas is committed to maintaining a high quality regulatory program for radioactive materials. However, it is difficult to maintain high quality in an extremely small and unique program area that demands atypical expertise on a very infrequent basis and we cannot justtfy the resources required to perform the evaluations. Therefore, we request that the NRC assume this resp?nsibility.

If you have any questions concerning this request, please contact Mr. David D. Snellings, Jr.,

Director, Division of Radiation Control and Emergency Management, Arkansas Depar. ment of Health. He may be reached at (501) 6612301.

Sine,er ly your i

Mike Huchabee

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