ML20217B775
| ML20217B775 | |
| Person / Time | |
|---|---|
| Issue date: | 09/09/1999 |
| From: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | |
| References | |
| NUDOCS 9910130062 | |
| Download: ML20217B775 (2) | |
Text
T F0R 41 7590-01 PueW Ouuuhr.ni nouM ugggulatory Commission Memorandum of Understanding Between the Nuclear Regulatory Commission and the National Science Foundation l
AGENCY: Nuclear Regulatory Commissiort..
ACTION: Memorandum of Understanding Between the Nuclear Regulatory Commission and l
the National Science Foundation.
SUMMARY
- The Nuclear Regulatory Commission (NRC) and the National Science Foundation (NSF) have entered into a Memorandum of Understanding (MOU) to ensure the protection of the public health and safety and the environment from the hazards of radioactive materials that j
may be used in Antarctica pursuant to the Antarctic Treaty, the Protocol on Environmental Protection to the Antarctic Treaty, and the Antarctic Conservation Act. The MOU is intended to clarify the responsibilities of the NSF and the NRC with respect to the safe use of radioactive materials in Antarctica to avoid any duplication of effort and ensure efficient management of those materials. The text of the MOU between the Nuclear Regulatory Commission and the National Science Foundation follows.
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- FOR FURTHER INFORMATION CONTACT: Trip Rothschild, Office of the General Counsel, telephone (301) 415-1611, e-mail tbr@nrc. gov.
Dated at Rockville, Maryland, this 9th day of September 1999.
For the Nuclear Regulatory Commission.
D,-f pu.3 &
David L, Meyer, Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration.
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MEMORANDUM OF UNDERSTANDING Between the NATIONAL SCIENCE FOUNDATION and the NUCLEAR REGULATORY COMMISSION Concerning the Management of Radioactive Materialin Antarctica I. INTRODUCTION This Memorandum of Understanding (MOU) describes the responsibilities of the National Science Foundation (NSF) and the U.S. Nuclear Regulatory Commission (NRC)in ensuring the protection of the public health and safety and the environment from the hazards of radioactive materials that may be used in Antarctica pursuant to the Antarctic Freaty, the Protocol on Environmental Protection to the Antarctic Treaty and the Antarctic Conservation Act.
II. PURPOSE AND SCOPE The purpose of this MOU is to clarify the responsibilities of the NSF and the NRC with respect to the safe use of radioactive materials in Antarctica in order to avoid any duplication of effort and ensure efficient management of those materials. Radioactive materials within the scope of this MOU mean byproduct. source. and special nuclear materials as defined in Sections Ile.,1Iz.. and Ilaa. of the Atomic Energy Act of 1954 ("AEA"), as amended, and the NRC's regulations thereunder. Antarctica is defined as that area of the world south of 60' South latitude, as described in the International Antarctic Treaty (1959) i and the Antarctic Conservation Act (16 U.S.C. 2401 et seq.)
l III. AUTilORITY AND REGULATORY PROGRAM
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A.
NSF Presidential Memorandum u6646. dated February 2.1982. designates NSF as the executive Federal manager for the United States Antarctic Program, assigning the entire management responsibility to the NSF. The Antarctic Conservation Act ( ACA) of 1978, as amended (16 U.S.C. 2401 et seq.)
implements the Antarctic Treaty and the Protocol on Environmental Protection to the Antarctic l
Treaty and recognizes NSF as the lead civilian agency with responsibility for overseeing United l
States scientific actisities in Antarctica. These include activities involving the use of source, byproduct, and special nuclear material. Under the ACA. NSF is directed to ice regulations as are necessary and appropriate to implement the Treaty, the Protocol and the ACA. :ncluding its waste management and disposal requirements. NSF requires U.S. citizens to obtain an NSF permit for the use of certain materials in Antarctica, including radioactive materials, in accordance with NSF's implementing regulations at 45 CFR Part 671. Within its regulatory framework, the NSF has adopted as policy the radiation protection standards for byproduct, source and special nuclear GtJgf>06 O l%
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material set forth in the NRC regulations at 10 CFR Part 20 and the Department of Transportation regulations for packaging and transport of such radioactis e materials; and it ensures that the disposal of radioactive waste generated in Antarctica (but returned to the U.S. for disposal) is consistent with NRC, EPA and Agreement State requirements. NSF's " authorized user" review / approval process includes protocol review, certification of training, utilization of appropriate standard operating procedures / facilities. waste management procedures, and periodic surveys and inventory control of radioactive material. The NSF will continue to ensure that any use of source, byproduct, and special nuclear materials within the NSF'sjurisdiction in Antarctica requires the NSF's authorization through the issuance of permits or other approvals.
B.
NRC Under the Atomic Energy Act of 1954 ( AEA) as amended, the NRC is responsible for regulating the use of by product, source, and special nuclear material within the United States and its territories, consistent with its mission to ensure adequate protection of the public health and safety, to promote the common defense and security, and to protect the environment. This MOU reflects the understanding of both parties that the NRC will not exercise any authority under the AEA to regulate the use of by product. source. or special nuclear material in Antarctica and recognizes the NSF's regulatory osersight, as described in 45 CFR Part 671 and Foundation policies. The NRC or its Agreement States as appropriate, will resume regulatory authority over any byproduct.
source, or special nuclear material that is regulated by the NSF in Antarctica if and when such material re-enters the United States c: its territories.
IV. AGENCY RESPONSlHILITIES The following are the offices responsible for this agreement:
For the National Science Foundation:
For the Nuclear Regulatory Commission:
Director, Office of Polar Programs Director. Office of Nuclear Material Safety National Science Foundation and Safeguards 4201 Wilson Boulesard U. S. Nuclear Regulatory Commission Arlington. Virginia 22230 Washington. DC 20555 Each agency shall designate the agency organizational unit responsible for the coordination and management of actisities coscred by this MOU. Each agency shall designate the individual (s)who will sers e as the respectis e coordination officert si or point (O of tontact (POC). The coordination officers or POCs uill coordinate and facilitate actions required by their respectise agencies.
.V. ELEMENTS OF COORDINATION Both agencies agree to exchange intbrmation with respect to relesant programs and lessons learned.
resources permitting. TFe purpose of these exchanges is to pros ide expert technical assistance to both agencies. The NSF may send designated individuals to NRC-sponsored training, on a space-asailable basis, so that NSF staffis fiimiliar with the NRC programs and its regulatory interpretations. As
. appropriate and necessary. the NSF may consult with the NRC for guidance regarding the interpretation or application of the NRC's regulations.
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-b-po VI. OTilER LAWS AND MATTERS l
Nothing in tiiis MOU shall be deemed to restrict, modify, or otherwise limit the application or enforcement of any laws of the United States with respect to matters specified herein, nor shall anything in the MOU be construed as modifying the existing authority of either agency.
VII. EFFECTIVE DATE, MODIFICATION, AND TERMINATION OF MOU This MOU will take effect when it has been signed and dated by the authorized representatives of the NSF and the NRC. It may be modified by mutual written consent. or terminated by either agency upon 60 days advance written ncace to the other agency.
. APPROVED AND ACCEPTED FOR Tile APPROVED AND ACCEPTED FOR Tile NATIONAL SC.. 'CE FO JNDAT ON NUCLEAR REGULATORY COMMISSION ff
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BY:
Kari A.' Erb Carl J. Par /riello j
N f 3 DATE: NL IMk't 3, /M T N_
DATE:
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Director. Office of Polar Programs Director. Office of Nuclear Material Safety and National Science Foundation Safeguards 4201 Wilson Boulevard U.S Nuclear Regulatory Commission Arlington. Virginia 22230 Washington, D.C. 20555 Tel: (703) 306-1030 Tel: (301) c15-7357 l
BY:
Willian)3 / / YA.Brfant T/
DATE:
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Contracting Officer. Dis ision of Contracts.
j Policy and Oser>ight Office of Budget. Finance. and Award Management National Science Foundation 4201 Wilson Boulesard l
~ Arlington. Virginia 22230 i
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