ML20198A397
| ML20198A397 | |
| Person / Time | |
|---|---|
| Issue date: | 12/10/1997 |
| From: | Bangart R NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| NUDOCS 9801050363 | |
| Download: ML20198A397 (7) | |
Text
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.DEC 10 27 MEMORANDUM FOR:
David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration FROM:
Richard L. Bangart, Director Orishnistonod By Office of State Programs RICHARD L BANGART
SUBJECT:
FEDERAL REGISTER NOTICE in accordance with Staff Rnquirements Memorandum (SRM) dated December 2,1997,
" Request by New Mexico to Rolinquish Authority for St.,aled Source and Device Evaluation and Approval,' we are requesting the publication of the following Enderal Register notice:
" State of New Mexico Relinquishment of Sealed Source and Device Evaluation and Approval Authonty and Reassumption by the Commission
- We request that the notice be published as soon as possible. Please note that a copy of the signed notice is to be enclosed in a letter to Govt,rnor Johnson of New Mexico from Chairman Jackson. A copy of this letter is attached.
Enclosures:
As stated Qlattibullon:
DIR RF DCD (SP03)
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SDroggitis PDR (YES/)
SBaggett, NMSS k
Nea Mexico File SS&D File DOCUMENT NAME: G:\\CHMtFRNLTR.NM, G:\\SSDFRN.NM
- See previous concurrence.
To receeve a cap ' of this document, Ind6cate b Wie boa: 'C' = Copy wtthett attachment /encloture *E* e Cnp t with attachment /encbaure *$('s No copy OFFICE OSP-OSP:DD OSP D//.7 l
NAME CHMaupin:gd PHLohaus RLBangart W f
DATE 12/9/97*
12/9/97*
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OSP FILE CODE: SP-AG 19, GP-S-2 9001050363 971210 PDR STPRC ESO 0300 0 ll 1,Illi,lij ll II
t MEMORANDUM FOR:
David L Meyer, Chief Rules and Directives Branch Division of Administrative Service Office of Administration FROM:
Richard L. Bangart, Director Office of State Programs
SUBJECT:
FEDERAL Ri31 STER NO CE in accordance with Staff Requirernents Memorandu (SRM) dated December 2,1997
" Request by New Mexico to Relinquish Authority for ealed Source and Device Evaluation and -
Approval,' we are requesting the publication of the llowing Federal Register notice:
" State of New Mexico Relinquishment of esied Source and Device Evaluation and Approval Authority and_Reassumpti by the Commission
- We request that the notice be published as a n as possivle.
3 Distnbution:
DIR RF CD (SP03)
. SBaggett, NMSS.
PDR (YES/)
SDroggitis New Mexico File SS&D File inei.i o c.emek.:.\\KXS\\WRKGRP,KNS DOCUMENT NAME: G:\\
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OFFICE C#%t/
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PHLohituW RLBangart DATE 12/ 9 7 12/'I/97 12/ /97 OSP FILE CODE: SP-AG-19 AND SP S 2
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION W AsNINGioN, D.C. 30t#C01 December 10, 1997 i
MEMORANDUM FOR:
David L. Meyer, Chief Rules and Directives Branch Division of Administrative Services Office of Administration FROM:
Richard L. Bangart, Director
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SUBJECT:
FEDERAL REGISTER NOTICE in accordance with Staff Requirements Memorandum (SRM) dated December 2,1997,
Request by New Mexico to Relinquish Authority for Sealed Source and Device Evduation and Approval," we are requesting the publication of the following Federal Register notice:
' State of New Mexico Relinquishment of Sealed Source and Device Evaluation
. and Approval Authority and Reassumption by the Commission' We request that the notice be published as soon as possible. Please riote that a copy of the signed notice is to be enclosed in a letter to Govemor Johnson of New Mexico from Chairman Jackson. A copy of this letter is attached.
Enclosures:
As stated t
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[7590-01 P]
NUCLEAR REGULATORY COMMISSION i
State of New Mexico Relinquishment of Scaled Source and D6vice Evaluation and Approval Authority and Reassumption by the Commission AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Reassumption of Serled Source and Device Evaluation and Approval Authority from the State of New Mexico.
SUMMARY
- Notice is hereby given that effsetive January 1,1998, the Nuclear Regulatory Commissivn will reassume regulatory authority for sealed source and davice evaluations and approvals in the Agreement State of ! Jew Mexico in response to a request from the Governor of the State of New Mexico to relinquish this authority.
EFFECTIVE DATE: January 1,1998.
FOR FURTHER INFORMATION CONTACT: Ms. Cardelia H. Maupin, Senior Project Manager, Office of State Programs, U.S. Nucear Regulatory Commission, Wet ington, DC 20555, h
telephone (301) 415 2312, Internet: CHM @NRC. GOV.
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4 SUPPLEMENTARY INFOP.MATION: Currently, the State of New Mexico has an Agreement with the Nuclear Regulatoy Commission (NRC) which grants the State authority to regulate specific categories of radioactive materials formerly regulated by the NRC. This Agreement was entered into on May 1,1974, pursuant to Section 274b of the Atomic Energy Act of 1954, as amended.
Recently, the NRC received a letter from New Mexico Governor Gary E. Johnson (September 8,1997) requesting relinquishment of the State's authority to evaluate and approve
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sealed source and devices, and assumption of this authority by NRC. The requested action would involve reassertion of regulatory authority by NRC over activities currently regulated by New Mexico pursuant to its Agreement with NRC.
The Governor of New Mexico noted there are two manufacturers in the State and there has been no sealed source and device evaluations conducted since 1988. Govemor Johnson indicated that it would not be cost effective to fund and maintain staff to conduct sealed source and device evaluations.
The Commission has agreed to the request and has notified New Mexico that effective January 1,1998, the NRC will reassume authority to evaluate and approve sealed source and device applications within the State of New Mexico. The State of New Mexico will retain authority to regulate the manufacture and use of sealed sources and devices within he State in accordance with its Section 274b Agreement with the NRC, 2
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i Deled at Rockville, Maryland this day of
.1997 For the Nuclear Regulatory Commission.
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6 John C. Hoy4, Secretary of the Commission.
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t The Honorable Gary E.' Johnson i
Govemor of New Mexico Santa Fe, NM 87503 f
Dear Govemor Johnson:
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In resoonee to youi Septeinber 8,1997, request to relinquish New Mexico's authority to
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' evaluate and approve sealed source and device (SS&D) applications, I asked the Nuclear e
' Regulatory Cammission staff to prepare a paper on the issue so that the Commission could act -
on your request. After reviewing your proposal and the staffs analysis, the Commission has E
decided to reassume regulatory authonty for SS&D evaluations and approvals within the State j
L of New Mexico, effective January 1,1998. For your information, I have enclosed a copy of the j
Fadaral Register notice announcing this change. New Mexico will retain authority to regulate the manufacture and use of sealed sources and devioos within the State in accordance with its j
. Section 274b Agreement with the NRC.
l Your staff may contact Richard L. Bangart, Director, Office ci State Programs, at (301) 415 3340, if they have any questions regarding this matter.
Sincerely, i
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Enclosure:
As stated ;
oc:
- Benito Garcia, Chief -
Bureau of Hazardous and Radioactive Materials New Mexico Department of Environment l
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