ML20155H489

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Recommends That State of AR Provide Public Notice of 981023 Notification to Governor Huckabee Re Commission Action with Regard to Arkansas Decision to Relinquish Authority to Regulate Sealed Source & Device Evaluation,To Licensees
ML20155H489
Person / Time
Issue date: 11/03/1998
From: Bangart R
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Snellings D
ARKANSAS, STATE OF
References
NUDOCS 9811100147
Download: ML20155H489 (22)


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i David D. Snellings,'Jr., Director Division of Radiation Control . j and Emergency Management I Department of Health 4815 West Markham Street, Slot 30 l Little Rock, AR 72205-3867  !

Dear Mr. Snellings:

On October 23,1998 Chairman Shirley Ann Jackson notified Governor Huckabee about the Commission's action with regard to Arkansas' decision to relinquish its authority to regulate sealed source and device (SS&D) evaluations (Enclosure). This letter is to recommend that you provide public notice of this action to your licensees. Also, please send to us any background files that you have relevant to evaluations issued by your State for SS&D. This would include  :

any incident data on the products that you registered.

If you have any questions, please contact me or Mr. Lloyd A. Bolling, of my staff, at (301) 415-2327. Mr. Bolling's internet address is LAB @NRC. GOV.

Sincerely, S@ed By

! RD L BANGART Richard L. Bangart, Director L Office of State Programs 1

Enclosure:

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% ..,* November 3, 1998 David D. Sneliings, Jr., Director Division of Radiation Control l and Emergency Management i Department of Health 4815 West Markham Street, Slot 30 Uttle Rock, AR 72205-3867

Dear Mr. Snellings:

On October 23,1998 Chairman Shirley Ann Jackson notified Governor Huckabee about the Commission's action with regard to Arkansas' decision to relinquish its authority to regulate sealed source and device (SS&D) evaluations (Enclosure). This letter is to recommend that you provide public notice of this action to your licensees. Also, please send to us any background files that you have relevant to evaluations issued by your State for SS&D. This would include any incident data on the products that you registered. )

If you have any questions, please contact me or Mr. Uoyd A. Bolling, of my staff, at (301) 415-2327. Mr. Bolling's intemet address is LAB @NRC. GOV. I Sincerely, It /{1 b eM Richard L. Bangart, Director Office of State Programs

Enclosure:

As stated l

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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. ageaMeet g

October 23, 1998 k . .,. . .

04AMMAN i

The Honorable Mike Huckabee l l

Govemorof Arkansas Little Rock, Arkansas 72201 l

Dear Govemor Huckabee:

in response to your July 1,1998, request to relinquish Arkansas' authority to evaluate and approve sealed source and device (SS&D) applications, I asked the Nuclear Regulatory Commission (NRC) staff to prepare a paper on the issue so that the Commission could act on your request. After reviewing your proposal and the staff's analysis, the Commission has decided to reassume regulatory authority for SS&D evaluations and approvals within the State of Arkansas, effective October 1,1998. For your information, I have enclosed a copy of the Federal Realster notice announcing this change. 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.

Your staff may contact Richard L. Bangart, Director, Office of State Programs, at (301) 415-3340, if they have any questions regarding this matter.

Sincerely, ,

.!! L Shirley Ann Jackson

Enclosure:

As stated oc: David D. Snellings, Jr., Director Division of Radiation Control and Emergency Management Arkansas Department of Health Qi ) {"

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NUCLEAR REGULATORY COMMISSION State of Arkansas Relinquishment of Sealed Source and Device Evaluation and Approval Authorfty 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 approvals in the Agreement State of Arkansas in response to a request from the Govemor 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, intemet: LAB O NRC. GOV.

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! SUPPLEMENTARY INFORMATION: Currentiy, the State of Arkansas has an Agreement with 4

the Nuclear Regulatory Commission (NRC) which grants the State authority to regulate specific

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categories of radioactive materials formerly regulated by the NRC. This Agreement 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 Govemor Mike Huckabee dated July 1,1998 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 reassertion of regulatory authority by NRC over activities currently regulated by Arkansas pursuant to its Agreement with NRC.

- The Govemor indicated that specific requests for the Arkansas Radiation Control Program to perform SS&D evaluations had been few (three requests) aince Arkansas became an Agreement State in 1963. He further indicated that no requests for SS&D evaluations were anticipated. The Govemor stated that Arkansas is committed to maintaining a high quality 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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devices within the State of Arkansas. The State of Arkansas wl.ll retain authority to regulate the manufacture and use of sealed sources and devices within the State in accordance with its l l

Section 274b Agreement with the NRC.

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Dated at Rocicille, Maryland this b day of October,1998. .

For the Nuclear Regulatory Commission.

Yld#

Annette Vietti-Cook, Acting Secretary of the Commission.

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