ML23153A215

PR-150, 170 - 61FR30839 - Recognition of Agreement State Licenses in Areas Under Exclusive Jurisdiction within an Agreement State

ML23153A215
Person / Time
Issue date:	06/18/1996
From:	Taylor J NRC/EDO
To:
References
PR-150, PR-170, 61FR30839
Download: ML23153A215 (1)

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DOCUMENT DATE:

TITLE:

CASE

REFERENCE:

KEYWORD:

ADAMS Template: SECY-067 06/18/1996 PR-150,170 - 61FR30839 - RECOGNITION OF AGREEMENT STATE LICENSES IN AREAS UNDER EXCLUSIVE JURISDICTION WITHIN AN AGREEMENT STATE PR-150, 170 61FR30839 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

STATUS OF RULEMAKING PROPOSED RULE:

PR-150,170 OPEN ITEM (Y/N) N RULE NAME:

RECOGNITION OF AGREEMENT STATE LICENSES IN AREAS UNDER EXCLUSIVE JURISDICTION WITHIN AN AGREEMENT STATE PROPOSED RULE FED REG CITE:

61FR30839 PROPOSED RULE PUBLICATION DATE:

06/18/96 ORIGINAL DATE FOR COMMENTS: 09/03/96 NUMBER OF COMMENTS:

EXTENSION DATE:

I I

2 FINAL RULE FED. REG. CITE: 62FR01662 FINAL RULE PUBLICATION DATE: 01/13/97 NOTES ON: AMENDMENT CLARIFIES THAT AGREEMENT STATE LICENSEES CAN SEEK RECIPR STATUS OCAL RECOGNITION OF THEIR LICENSE FROM NRC & CLARIFIES REGULATORY OF RULE: REQUIREMENTS, APPROPRIATE FEES & FILING PROCEDURES. FILE ON Pl.

HISTORY OF THE RULE PART AFFECTED: PR-150,170 RULE TITLE:

PROPOSED RULE SECY PAPER:

FINAL RULE SECY PAPER:

RECOGNITION OF AGREEMENT STATE LICENSES IN AREAS UNDER EXCLUSIVE JURISDICTION WITHIN AN AGREEMENT STATE PROPOSED RULE DATE PROPOSED RULE SRM DATE:

I I

SIGNED BY SECRETARY:

FINAL RULE DATE FINAL RULE SRM DATE:

I I

SIGNED BY SECRETARY:

STAFF CONTACTS ON THE RULE CONTACTl: HAMPTON NEWSOME, OGC MAIL STOP: O15-BlS PHONE:

CONTACT2: MARK HAISFIELD, RES MAIL STOP: T9-F31 PHONE:

06/07/96 01/23/97 415-1623 415-6196

DOCKET NO. PR-150,170 (61FR30839)

In the Matter of RECOGNITION OF AGREEMENT STATE LICENSES IN AREAS UNDER EXCLUSIVE JURISDICTION WITHIN AN AGREEMENT STATE DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT 06/17/96 06/07/96 FEDERAL REGISTER NOTICE - PROPOSED RULE 09/05/96 09/01/96 COMMENT OF CLEAN WATER FUND OF NORTH CAROLINA (CARL RUPERT) (

1) 01/23/97 12/30/96 FEDERAL REGISTER NOTICE - FINAL RULE 01/27/97 01/21/97 COMMENT OF SPOKANE TRIBE OF INDIANS (SHANNON D. WORK) (

2)

DOCKET NUMBER PROPOSED RULE

/ ~

-110 (lPI r=,e_3og3'f)

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 15J and 170 RIN 3150-AF49 Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final rule.

DOCKETED USr.RC

[7590-01-P]

• 97 JAN 23 A11 : 1 4

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to clarify that Agreement State licensees can seek reciprocal recognition of their license from the NRC when they are working within areas of exclusive Federal jurisdiction in Agreement States.

The amendment also clarifies NRC regulatory requirements for reciprocity and the appropriate fees and filing procedures applicable to Agreement State licensees operating under reciprocity.

EFFECTIVE DATE:

_#~.:i~ JC/97

( 45 clay3 Fium da Le of pabl i ca Li 011 in the Feder a1 Register).

FOR FURTHER INFORMATION CONTACT:

Hampton Newsome, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-1623, e-mail HHN@nrc.gov or Mark Haisfield, Office of

Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6196, e-mail MFH@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

On June 18, 1996 (61 FR 30839), the NRC published a proposed rule in the Federal Register that would clarify that Agreement State licensees could seek reciprocal recognition of their license from the NRC when they are working within areas of exclusive Federal jurisdiction in Agreement States.

Current regulations, subject to certain restrictions, allow any person who holds a specific license from an Agreement State to conduct activities permitted by that license in non-Agreement States and offshore waters using an NRC general license.

The general license is granted under the authority contained in 10 CFR 150.20, "Recognition of Agreement State Licenses."

To meet the requirements of§ 150.20, a licensee must submit an NRC Form 241 at least 3 days before engaging in the activities (subject to some exceptions as noted in

§ 150.20).

If an Agreement State licensee does not qualify for a general license under § 150.20, the licensee must apply for and obtain a specific license to work in areas of NRC jurisdiction.

Need for Regulatory Action The NRC believes that there are several problems with the current regulations in § 150.20 that necessitated this rulemaking action.

First, the current regulation does not include provisions to allow Agreement State licensees to qualify for an NRC general license when operating in areas of 2

exclusive Federal jurisdiction within Agreement States. Second, there has been some confusion regarding the NRC regulations applicable to Agreement State licensees operating in areas of NRC jurisdiction pursuant to § 150.20.

Third, § 150.20 does not reference the apprupriate fee requirements applicable to Agreement State licensees who file an NRC Form 241, "Report of Proposed Activities in Non-Agreement States." Finally, there has been some confusion regarding the filing procedures for this form.

Comments on the Proposed Rule The Commission received one letter commenting on the proposed rule. A copy of the letter is available for public inspection and copying for a fee at the Commission's Public Document Room, located at 2120 L Street, NW (Lower Level), Washington, DC.

Comment.

The commenter indicated that NRC's overall system of reciprocity is flawed because state regulatory agencies do not have meaningful investigatory or enforcement powers to regulate licensees operating under reciprocity.

In addition, the commenter believes that the current reciprocity system reduces the participation of citizens in the regulatory process because the regulatory agency in this commenter's state does not, in the commenter's view, exert adequate regulatory authority over licensees operating under reciprocity.

The commenter also had several specific objections to the proposed rule.

The commenter indicated that this rulemaking will reduce recordkeeping requirements because of certain language changes proposed regarding recordkeepir.g at the licensee's Agreement State office.

In addition, the 3

commenter believes that the rule will r~1nove a variety of requirements including existing fee requirements, the existing 3-day advance deadline for filing with the Commission, and existing reporting and compliance requirements applicable to radiographers.

Finally, the commenter believes that the rulemaking inappropriately broadens the authority of NRC Regional Administrators to grant, by telephone, a waiver of the 3-day filing requirement before starting work under the general license.

Response.

The NRC has full enforcement and inspection authority to regulate the activities of Agreement State licensees operating under reciprocity in areas of NRC jurisdiction. Agreement State licensees operating under reciprocity must comply with all of NRC's regulatory requirements.

As such, the Commission believes that an appropriate avenue for citizen access in addressing issues of reciprocity is the NRC itself. If an individual has safety concer~s about the conduct of a licensee operating under reciprocity, that individual should contact NRC and their concerns will be addressed through NRC's allegation review process.

Con~~ary to the commenter's claiMs that this rulemaking involves more than a clarification, it is noted that the proposed rule either codifies current NRC regulatory practice (with respect to reciprocity in areas of exclusive Federal jurisdi:tion) or clarifies existing requirements applicable to licensees operating under reciprocity in areas of NRC jurisdiction. While this rulemaking may facilitate increased use of this general license provision, the Commission does not view this as a concern given the full regulatory power that NRC has over these licensees with respect to activities conducted under reciprocity.

4

As to the commenter's specific concerns, the Commission notes that this rulemaking will not effect the reporting requirements in§ 150.20.

Language in§ IS0.40(a) has been clarified to indicate that, in order to qualify for the general license, a person 111u~~ have a specific license from an Agreement State where the licensee maintains an office for directing the licensed activity and for retaining radiation safety records.

These editorial changes clarify, but do not alter any existing recordkeeping requirements.

The addition of language in this rulemaking related to fees simply serves to provide additional notice to licensees that certain fee requirements in 10 CFR Part 170 apply to Agreement State licensees operating under reciprocity. This rulemaking does not remove or alter existing fee requirements.

Similarly, this rulemaking does not involve any change to the current time requirements for reciprocity filings.

In most cases, licensees must file the NRC Form 241 at least 3 days before engaging in activities under reciprocity.

However, as the proposed rule explained in more detail, the Regional Administrator may waive the 3-day requirement, because of an emergency or other reasons, provided the licensee receives authorization and files the appropriate information within 3 days.

In addition, this rule does not broaden the authority for telephone waivers of the 3-day filing requirement.

While this rulemaking does add language to indicate that a waiver may be given "because of an emergency or other reasons," this addition simply provides an example of an instance when a waiver may be appropriate.

As such, this rulemaking does not expand or otherwise change the Regional Administrators' current discretion to grant waivers to the 3-day filing requirement.

5

Finally, contrary to the commenter's as~ertions, this rulemaking does not eliminate any existing requirements applicable to radiographers operating under reciprocity in areas of NRC jurisdiction. However, the reference to a Part 71 requirement applicable to radiograpi1ers in the proposed rule has been eliminated in the final rule because it is not necessary.

The present rule does not alter the requirements applicable to radiographers operating under reciprocity.

No changes in the rule have been made in response to this comment.

Minor editorial changes have been made to the rule (e.g., in § 150.20{b) the word "valid" in the proposed rule has been changed to "applicable" and other changes have been made in this section for clarification or grammatical purposes).

Regulatory Action Exclusive Federal Jurisdiction.

The currePt wording of§ 1~n.20 has created confusion for Agreement State licensees operating in areas of exclusive Federal jurisdiction within Agreement States.

An area of exclusive Federal jurisdiction is an area over which the Federal Government exercises legal control without interference from the jurisdiction and administration of State law.

Areas of exclusive Federal jurisdiction exist in both Agreement and non-Agreement States.

Because the Federal Government has sole authority over areas of exclusive Federal jurisdiction in Agreement States, the NRC has jurisdiction over Atomic Energy Act activities conducted in those areas.

Section 150.20 contains the 6

notification procedures (use of an NRC Form 241) regarding general licenses for Agreement State licensees seeking to operate in areas of NRC jurisdiction (e.g., non-Agreement States and offshore waters).

However,

§ 150.20 does not indica~e tlic..t the NRC may grant reciprocity to Agreement State licensees to conduct activities in areas of exclusive Federal jurisdiction within an Agreement State.

The current regulation only authorizes a general license for activities conducted in non-Agreement States, whether or not in an area of exclusive Federal jurisdiction within that non-Agreement State, and offshore waters.

Despite the omission in the regulation, 9

the NRC staff, under current practice, permits an Agreement State licensee to operate in an area of exclusive Federal jurisdiction within the Agreement State if the licensee submits an acceptable NRC Form 241.

The lack of a specific reference to areas of exclusive Federal jurisdiction has caused confusion for licensees, Agreement States, and, occasionally, the NRC staff in interpreting the coverage of the reciprocity provisions in § 150.20.

This rulemaking amends § 150.20 to provide a specific refP-rence to areas of exclusive Federal jurisdiction.

Regulatory Requirements Applicable to § 150.20 Licensees.

The specific references to other NRC regulatory requirements in

§ 150.20 has also been a source of confusion.

According to § 150.20(b),

persons operating under the general license must comply with a variety of specific NRC regulatory requirements.

However,

§ 150.20 does not specifically reference all NRC regulations that are applicable to materials licensees.

The revised § 150.20 clearly indica_tes that licensees operating 7

pursuant to the rule's provisions must comply with all NRC regulations applicable to materials licensees.

This amendment is consistent with the original intent of the rule.

When originally issued in 1962 (27 FR 1351; ~ebruary 14, 1962), § 150.20 required Agreement State licensees to comply with "the appropriate provisions of 10 CFR Parts 20, 30, 31, 40, and 70" of the Commission's regulations.

The rule required compliance with all NRC regulations applicable to NRC materials licensees at that time.

In 1965, many of the requirements in 10 CFR Part 30 were relocated to newly created regulatory provisions in 10 CFR Parts 32, 33, 34, 35, and 36 (30 FR 8185; June 26, 1965). A conforming amendment to

§ 150.20 was not made in response to this change.

Since 1965, specific requirements have been added to § 150.20 that may h2ve created the impression that certain NRC requirements otherwise applicable to materials licensees are not applicable to general licensees under § 150.20.

This is not the case.

It is NRC's position that Agreement State licensees operating in areas of NRC jurisdiction pursuant to § 150.20 must comply with those regulations applicable to NRC licensees. This amendment will clarify the applicable requirements.

Fees Imposed on Agreement State Licensees Operating Under Reciprocity.

The amendment adds appropriate references to § 150.20 regarding the relevant fee requirements in 10 CFR Part 170.

The fee schedule in 10 CFR Part 170 is being updated to indicate that there will be a charge for licensee revisions to an NRC Form 241 in addition to the initial filing fee.

A clarification to an NRC Form 241 does not require a fee.

The NRC Form 241 is 8

being revised to include, in the instructions on the form, information concerning revisions and clarifications.

In addition, this amendment involves a minor conforming change to the schedule for materials fees in § 170.31, "Schedule of Fees for Materials Licenses and Other Regulatory Services, Including Inspections, and Import and Export Licenses," to clarify that the fee requirement applies to activities conducted under reciprocity pursuant to § 150.20 regardless of the location of the activities.

Filing Procedures.

The amendment also clarifies the procedures for filing an NRC Form 241 for reciprocity described in § 150.20(b).

The clarifications include identifying what needs to be submitted, specifying the procedure to use when an emergency filing is necessary, and making revisions to the initial filing.

These clarifications do not impose any additional requirements on the Agreement State licensee.

Enforcement.

If an Agreement State licensee fails to notify the NRC before conducting work in an area of exclusive Federal jurisdiction, the NRC is denied an opportunity to inspect the activity to determine that it is being conducted safely and in accordance with NRC requirements.

The current NRC Enforcement Policy ("General Statement of Policy and Procedures for NRC Enforcement Actions", NUREG 1600) contains an example in Supplement VI.C.9 of failure to 9

submit an NRC Form 241 in accordance with 10 CFR 150.20.

Under the Enforcement Policy, this violation is categorized at Severity Level Ill, which constitutes escalated enforcement action.

However, absent extraordinary circumstances, the NRC will not take enforceir.ent action against an Agreement State licensee for such a violation if the licensee has evidence that it received a determination, before beginning work, from a Federal Agency that the area of work is not under exclusive Federal jurisdiction. 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 tne determination and the date that it was provided.

Compatibility of Agreement State Regulations The provisions in § 150.20 will continue to be a Division 1 item of compatibility.

The Commission recognizes that portions of the rule apply to matters under NRC's jurisdiction (e.g., offshore waters and areas of exclusive Federal jurisdiction). The Agreement States should fashion their own rules implementing this provision in a manner consistent with their authority.

The Commission is currently developing implementing procedures for a new Adequacy and Compatibility Policy that was approved by the Commission on June 29, 1995.

The Commission will continue to apply the current compatibility designation to

§ 150.20 until it gives its final approval to the implementing procedures for the new Policy.

10

Environmental Impact:

Categorical Exclusion The Commission has determined that this regulation is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(l). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.

Paperwork Reduction Act Statement ti This rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Existing requirements were approved by the Office of Management and Budget, approval number 3150-0032.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a rollection of information unless it displays a currently valid 0MB control number.

Regulatory Analysis This final rule does not impose any new requirements or additional costs to licensees because the rulemaking codifies current practice that allows Agreement State licensees to work under an NRC general license.

Because the rulemaking improves the clarity and consistency nf the NRC's regulations, it 11

will benefit Agreement State licensees :perating in areas of exclusive Federal jurisdiction.

This rule will result in a minor reduction in NRC resources (estimated to be one-sixth of a staff year per year) currently being expended to explain our fee schedule and to clarify for licensees and Agreement States the conditions under which an Agreement State licensee can operate within an area of exclusive Federal jurisdiction.

NRC resources to amend § 150.20 are estimated to be about one-half of a staff year, which is a cost effective, one-time use of resources.

This constitutes the regulatory analysis for this final rule.

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),

the Commission certifies that this rule does not have a significant economic impact upon a substantial number of small entities.

The final rule does not impose any new requirements or additional costs to licensPes because the rule codifies current practice that allows Agreement State licensees to work under an NRC general license.

Because this rule improves the clarity and consistency of NRC's regulations, it will benefit Agreement State licensees operating in areas of exclusive Federal jurisdiction.

12

Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Act of 1996, the NRC has determined thaL this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs, Office of Management and Budget.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule and, therefore, a backfit analysis is not required, because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(l).

List of Subjects 10 CFR Part 150 Criminal penalties, Haza~rln11, materials transoortation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material.

10 CFR Part 170 Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.

13

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 150 and 170.

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

l.

The authority citation for Part 150 continues to read as follows:

AUTHORITY:

Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C. 2201, 2021}; sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841}.

Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under secs.

lle(2}, 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114).

Section 150.14 also issued under sec.

53, 68 Stat. 930, as amended (42 U.S.C. 2073).

Section 150.15 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

Section 150.17a also is.,"' _j *1n~:r sec. 122, 68 Stat. 939 (42 U.S.C.

2:s:~.

Section 150.30 also iss __

• Jnder sec. 234, 83 Stat. 444 (42 U.S.C.

2282).

2.

Section 150.20 is amended by revising paragraphs (a}, the introductory text of (b}, (b)(l), and the introductory text of (c),

redesignating paragraphs (b)(2) through (b}(4} as paragraphs (b}(3} through (b)(5}, revising redesignated paragraphs (b}(3) and (b)(4), and adding a new paragraph (b)(2) to read as follows:

14

§ 150.20 Recognition of Agreement State licenses.

(a)(l) Provided that the provisions of paragraph (b) of this section have been met, any person who holds a specific license from an Agreement State, where the licensee maintains an office for directing the licensed activity and retaining radiation safety records, is granted a general license to conduct the same activity in --

(i) Non-Agreement States; (ii) Areas of exclusive Federal jurisdiction within Agreement States; and (ii i )

(2)

Offshore waters.

The provisions of paragraph {a)(l) of this section do not apply if the specific Agreement State license limits the authorized activity to a specific installation or location.

{b)

Notwithstanding any provision to the contrary in any specific license issueq by an Agreement State to a person engaging in activities in a non-Agreement State, in an area of exclusive Federal jurisdiction within an Agreement StJt~, or in offshore waters under the general licenses provided in this section, the general licenses provided in this section are subject to all the provisions of the Act, now or hereafter in effect, and to all applicable rules, regulations, and orders of the Commission including the provisions of

§§ 30.7(a) through (f), 30.9, 30.10, 30.14(d), 30.34, 30.41, 30.51 to 30.63, inclusive, of Part 30 of this chapter; §§ 40.7(a) through {f), 40.9, 40.10, 40.41, 40.51, 40.61, 40.63 inclusive, 40.71 and 40.81 cf Part 40 of this chapter; §§ 70.7(a) through {f), 70.9, 70.10, 70.32, 70.42, 70.51 to 70.56, inclusive, 70.60 to 70.62, inclusive, and to the provisions of 10 CFR Parts 19, 20, and 71 and subpart B of Part 34, §§ 39.15 and 39.31 through 39.77, 15

inclusive, of Part 39 of this chapter.

In addition, any person engaging in activities in non-Agreement States, in areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters under the general licenses provided in this section:

(1)

Except as specified in paragraph (c) of this section, shall, at least 3 days before engaging in each activity for the first time in a calendar year, file a submittal containing an NRC Form 241, "Report of Proposed Activities in Non-Agreement States," 4 copies of its Agreement State specific license, and the appropriate fee as prescribed in § 170.31 of this chapter with the Regional Administrator of the U.S. Nuclear Regulatory Commission Regional Office listed on the NRC Form 241 and in Appendix D of Part 20 of this chapter for the Region in which the Agreement State that issued the license is located.

If a submittal cannot be filed 3 days before engaging in activities under reciprocity, because of an emergency or other reason, the Regional Administrator may waive the 3-day time requirement provided the licensee:

(i)

Informs the Region by telephone, facsimile, an NRC Form 241, or a letter of initial activities or revisions to the information submitted on the initial NRC Form 241; (ii) Receives oral or written authorization for the activity from the Region; and (iii) Within 3 days after the notification, files an NRC Form 241, 4 copies of the Agreement State license, and the fee payment.

(2)

Shall file an amended NRC Form 241 or letter and the appropriate fee as prescribed in § 170.31 of this chapter with the Regional Administrator to request approval for changes in work locations, radioactive material, or 16

work activities different from the information contained on the initial NRC Form 241.

(3) Shall not, in any non-Agreement State, in an area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters, transfer or dispose of radioactive material possessed or used under the general licenses provided in this section, except by transfer to a person who is --

(i) Specifically licensed by the Commission to receive this material; or (ii)

Exempt from the requirements for a license for material under

§ 30.14 of this chapter.

(4)

Shall not, under the general license concerning activities in non-Agreement States or in areas of exclusive Federal jurisdiction within Agreement States, possess or use radioactive materials, or engage in the activities authorized in paragraph (a) of this sectior, for more than 180 days in any calendar year, except that the general license in paragraph (a) of this section concerning activities in offshore waters authorizes that person to possess or use radioactive materials, or engage in the activities authorized, for an unlimited period of time.

(c)

A person engaging in activities in offshore waters under the general license provided for that purpose in paragraph (a) of this section need not file an NRC Form 241 with the Commission under paragraph (b)(l) of this section provided that:

17

PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

3.

The authority citation for Part 170 continues to read as follows:

AUTHORITY: 31 U.S.C. 9701, sec. 301, Pub. L.92-314, 86 Stat. 222 (42 U.S.C. 2201w); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec 205, Pub L. 101-576, 104 Stat 2842, (31 U.S.C. 902).

4.

Section 170.31 is amended by revising the introductory text of Category 16 of the Schedule of Materials Fees to read as follows:

§ 170.31 Schedule of fees for materials licenses and other regulatory services, including inspections, and import and export licenses.

16.

Reciprocity:

Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20:

Dated at Rockville, Maryland, this ~day of ~

1996.

For the Nuclear Regulatory Commission.

for Operations.

18

GIVENS, FUNKE & w ORK DOCKETED USMRC Secretary ATTORNEYS AT LAW TOP FLOOR - OLD CITY HALL 424 SHERMAN A VE. P.O. BOX 969 COEUR D'ALENE, IDAHO 83816-0969 (208) 667-5486 FAX (208) 667-4695 January 21, 1997 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attn: Docketing and Service Branch "97 JAN 27 PS :19 OFFICE OF SECRETARY ooct,ETING & s w ICE BRA NC.

Re:

Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State, 61 Fed.Reg.

30839 (June 18, 1996)

Dear Sir\\Madam:

I am special environmental counsel to the Spokane Tribe of Indians. At present, the Tribe is confronting numerous legal and technical issues involving two uranium mines and two uranium mills which directly impact its Reservation. The Spokane Tribe of Indians' Reservation is located in Eastern Washington, an agreement state under the Atomic Energy Act.

During recent litigation activities concerning these sites, the Tribe for the first time became aware of the above referenced Federal Register Notice. While it is understood that the comment period regarding this notice expired September 3, 1996, the Tribe nonetheless submits these comments for your consideration.

Additionally, due to the Tribe's interest in these matters, please place my name on your list of interested parties to receive NRC notices pertaining to NRC' s agreement state program.

As proposed, the rule will create jurisdictional problems wherever an Indian reservation exists within an agreement state. As a matter of law, federal agencies simply are not empowered to disturb the jurisdictional relationships between the United States, Indian tribes, and states, absent express Congressional authority to do so. Assiniboine and Sioux Tribes v. Board of Oil and Gas Conservation, 792 F.2d 782 (9th Cir. 1986) (federal trustees cannot delegate responsibilities regarding

°JV4 3 0 1997

,4cknowledged by card CNHlFM,,;,,,,, ** ai -: **

NUCLEAR REGULATORY COMM~

DOCKETING a SERVICE SECTION OFFICE OF THE SECRETARY OF THE COMMISSION DounanlSlatlsllCI Postmark oate

,, t),/ r 1,

Copes Received. _______ _

,\\dd'I Coples~ ---=S ___ _

Special Distr1tx,t1onJ!t3 llo..§ bet;, _

b{ekJ som,e.. J-la,sfield PPR 1ml 7_

tribes and their Reservations).

While the Atomic Energy Act contains broad language permitting agreement states to regulate nuclear materials within those states, it contains no provision expressly authorizing state jurisdiction on Indian reservations. As you probably are aware, states have no such jurisdiction on Indian reservations as a general rule, and can have none absent delegation pursuant to Congressional authority. Department of Ecology v. U.S. E.P.A., 752 F.2d 1465 (9th Cir. 1985) (states have no jurisdiction on Indian reservations without express Congressional authority).

Because these jurisdictional relationships have been carefully developed through over 1 50 years of federal jurisprudence, it is critical that the NRC seek and obtain comment on this rule from all potentially affected Indian tribes. The notice should be reissued, with specific notice sent directly to any Indian tribe affected by uranium or thorium mines or mills.

The well-established federal trust responsibility and this administration's strong policy of relating to Indian tribes on a government-to-government basis, demand no less.

In general, the Spokane Tribe of Indians objects to the exercise by Washington of jurisdiction within the Spokane Indian reservation. Attempts to do so severely undermine tribal efforts to protect and preserve homeland solemnly promised to them. More specifically, recognition of state jurisdiction on Indian reservations may well be an illegal abdication of the NRC's trust responsibilities which is not authorized by the Atomic Energy Act. Accordingly, the Spokane Tribe of Indians objects to the proposed reciprocal recognition of agreement state actions within areas of exclusive federal jurisdiction to the extent Indian lands are involved and concurrence of the affected tribe has not been obtained.

The Spokane Tribe of Indians appreciates the opportunity to submit these comments, and hopes that they will be given due consideration by the NRC.

Should NRC comply with the Tribe's recommendation that the above notice be reissued, more detailed comments will be submitted.

Attorney at Law SDW.jf cc:

David C. Wynecoop, Jr.

Spokane Tribal Council

SEN:- BY=Klnko's Coples 9-3-96 3:44PM Klnko's Durham 1~

13014153200;# 2/ 3 Clean Water~.

Fund of North Carolina DOC ETEO us qr:

'96 SEP -5 A 9 :50 Carl Rupert, Ph.D.

Raleigh Research Director CD DOCKET NUMBER PR I

PROPOSED RULE I 50t I lO (to I ~R 30~ 3~

1 September 1996 Hampton Newsome (301-415-1623)

Office of the General Counsel US Nuclear Regulatory Commis.,ion Washington DC Please fotWard these co.mm.ents to the Secretary of the Commission.

Re: Proposed changes to 1 0 CFR 1 SO & 170 Re: 61 FR 30839ff'(Tuesday 18 June 1996)

The Clean Water Fund of North Carolina is concerned by the proposed changes to IO CFR 150 and 10 CFR 170, noticed Tuesday, 18 June 1996, at 61 FR 30839ff.

The Fwid notes that the existing reciprocity system does not serve the public interest well.

The F um! remains concerned the existing reciprocity system contributea to publi.c cynicism and the alienation of citizens from their government. because the existing reciprocity system maintains an appearance of regulation (but without actual meaningful investigatory or enforcement powers) and because the existing reciprocity system effectively denies citizens a voice in agency decisions which affect their lives. Indeed, agreement states (under the existing reciprocity system) may grant licenses for activities which are subsequently conducted in other states' jurisdictions; however, the investigatory authority and enforcement powers of the original licensing state's agency seldom reach effectively into these new jurisdictions; mo1-eover. citizens affected by an ongoing local activity (which was licensed by a remote state jurisdi<.-tion, rather than by the state in which that activity occurs and of which those citizens are resident) lack meaningful political access to the agency which actually licensed the activity, because no official in the licensing agency must ultimately answer to any official elected by those citizens. The Fund thus considers that the licensing state agency may often lack both effective power and sufficient political incentive to control its licensees when they operate in an area outside the jurisdictional area of the licensing agency.

The Fund is therefore concerned by the Commission's proposal, which appears to encourage issuance of additional licenses without remedying the aforementioned problems

!SEP 1 3 UJ6 A\\cknowtectged by card"...._.....................,...

Raleigh Office* PO Box 1008 Raleigh NC 27602

• 919-832-7491 Ashevllle Office* 29 1/2 Page Avenue Asheville NC 28801

• 70+251-1291

J.S. ~.'J" MISSIOtt or.,~

Or Coples Receiver ____ _,,_ __

,\\dd'l Cop<P-;

Special D**

J.S. NUCLEAR REGULATOOY COMMISSIOh DOCKETING l SERVICE $ECTON OFFICE Of THE SECRETARY OF THE COMMlSSK>N

[)ocdnent Sta!lstk:I Po~ Date IPsec\\

'l / 3 Coples Received I

1

,\\dd'I Copies Reprodt.i:ed 5 =--* ___ _

SP,e:Clal Cls~ei~~

~~og15im£id,

1

• I, SE"JT~BY:Klnko's Coples 9-3-96; 3:45PM Klnko's Durham 1

13014153200;# 3/ 3 ai:td which (i~ fact) appears to* deregtalate licensee& still*furth~r. Th~ fund e>pposes one of the Commission's *proposed modification of l S0.20(a), Q.81llely~ thf' elirnioatfon of a meaninh-.ful existing record-keeping requiiemerit (of a licensee's office in the licensing agreerri.ent staie for retaining radiation safety records) in a favor of a perhaps

• meaningless and certainly less enforceable requirement ( of an office iri, which such records..

are only "nonnally nwntai.i;led"). The.Fund also ~bjects to several of the Conunission's

• . proposed modifications to.150.20(b )(1 ), oamely, the c:emoval of existing fee requirement language, the'rerriovaJ of the existing three (3) day advance deadline for filing with the Commission, and the.broaden.eel authority for. telephone w~er of em.ting reporting requirements. The Fund al.so objects to the Commission's proposed elimination of the.

existing 150.20(b)(2). reporting requirements "1d of the existing 150.20(b){3) compliance *

• requirements for radiographers..

' The Fond is also profowidly,concemed,tbat the Federal Regis~rtext-(prio~ to the actual *.

.. proposed regulatory language) appears to misrepresent the proposal.as simple

. ~'clarification,". whereas in fact the proposal appears to further deregulate licensee~. as*

• discussed above.

~

• Raleigh Research Pirector

DOC1CET NtllBERPR..........._

PR~ -

( fo\\ FR. ~D~~9)

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 150 and 170 RIN 3150-AF49 DOC 7S9b-Ol-P]

US IC

'96 JU 17 AlO :Q4 OFFI CE OF S ~cPf.:T,l}_RY DOCKET! 1--; & SEfP*lCE BRA~ CH Recognition of Agreement State Licenses in Areas Under Exclusive Federal Jurisdiction Within an Agreement State AGENCY:

Nuclear Regulatory Commission.

ACTION:

Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to clarify that Agreement State licensees can seek reciprocal recognition of their license from the NRC when they are working within areas of exclusive Federal jurisdiction in Agreement States.

The proposed amendments would also clarify NRC regulatory requirements for reciprocity and the appropriate fees and filing procedures applicable to Agreement State licensees operating under reciprocity.

~~,\\991.D DATE:

The comment period expires (7§ aays aftet p~blieatioR.

Comments received after this date will be considered if it is practical to do so, but the Colll'llission is able to assure consideration only for comments received on or before this date.

ADDRESSES:

Send comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

Attention: Docketing and Service Branch.

Hand deliver convnents to:

11555 Rockville Pike, Rockville, Maryland, between 7:45 am and 4:15 pm on Federal workdays.

For information on submitting comments electronically, see the discussion under Electronic Access in the ~upplementary Information Section.

Certain documents related to this rulemaking, including comments received, may be examined at the NRC Public Document Room, 2120 L Street NW.

(Lower Level), Washington, DC.

These same documents may also be viewed and downloaded electronically via the Electronic Bulletin Board established by NRC for this rulemaking as discussed under Electronic Access in the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT:

Hampton Newsome, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301} 415-1623, e-mail HHN@nrc.gov or Mark Haisfield, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6196, e-mail MFH@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

Currently, subject to certain restrictions, any person who holds a specific license from an Agreement State may conduct activities permitted by that license in non-Agreement States and offshore waters using an NRC general 2

license.

The general license is granted under the authority contained in 10 CFR 150.20, "Recognition of Agreement State Licenses."

To meet the requirements of§ 150.20, licensees must submit an NRC Form 241 at least 3 days before engaging in the activities (subject to some exceptions as noted in

§ 150.20}.

If an Agreement State licensee does not qualify for a general license under § 150.20, the licensee must apply for and obtain a specific license to work in areas of NRC jurisdict"Jn.

Need for Proposed Regulatory Action The NRC believes that there are several problems with the current regulations in § 150.20 that necessitate a rulemaking.

First, the current regulation does not include provisions to allow Agreement State licensees to qualify for an NRC general license when operating in areas of exclusive Federal jurisdiction within Agreement States. Second, there has been some confusion regarding the NRC regulations applicable to Agreement State licensees operating in areas of NRC jurisdiction pursuant to § 150.20.

Third, § 150.20 does not reference the appropriate fee requirements applicable to Agreement State licensees who file an NRC Form 241.

Finally, there has been some confusion regarding the filing procedures for an NRC Form 241.

3

Proposed Regulatory Action Exclusive Federal Jurisdiction.

The current wording of§ 150.20 has created confusion for Agreement State licensees operating in areas of exclusive Federal jurisdiction within Agreement States.

An area of exclusive Federal jurisdiction is an area over which the Federal Government exercises legal control without interference from the jurisdiction and administration of State law.

Areas of exclusive Federal jurisdiction exist in both Agreement and non-Agreement States. Because the Federal Government has sole authority over areas of exclusive Federal jurisdiction in Agreement States, the NRC has jurisdiction over Atomic Energy Act activities conducted in those areas.

The notification procedures (use of an NRC Form 241) regarding general licenses for Agreement State licensees seeking to operate in areas of NRC jurisdiction (i.e., non-Agreement States and offshore waters) are in § 150.20.

There is, however, no specific provision in § 150.20 to indicate that the NRC may grant reciprocity to Agreement State licensees to conduct activities in areas of exclusive Federal jurisdiction within an Agreement State. The current regulation only authorizes a general license for activities conducted in non-Agreement States, whether or not in an area of exclusive Federal jurisdiction within that non-Agreement State, and offshore waters.

Despite the omission in the regulation, the NRC staff, under current practice, permits an Agreement State licensee to operate in an area of exclusive Federal jurisdiction within the Agreement State if the licensee submits an acceptable NRC Form 241.

4

The lack of a specific reference to areas of exclusive Federal jurisdiction has caused confusion for licensees; Agreement States, and, occasionally, the NRC staff in interpreting the coverage of the reciprocity provisions in§ 150.20.

To alleviate these concerns, this rulemaking would amend§ 150.20 to provide a specific reference to areas of exclusive Federal jurisdiction.

Regulatory Requirements Applicable to§ 150.20 Licensees.

The specific references to other NRC regulatory requirements in

§ 150.20 also constitute a source of confusion. According to§ 150.20(b),

persons operating under the general license must comply with a variety of specific NRC regulatory requirements.

However, § 150.20 does not specifically reference all NRC regulations that are applicable to materials licensees.

To alleviate any potential confusion, the new§ 150.20 would indicate clearly that licensees operating pursuant to the rule's provisions must comply with all NRC regulations applicable to materials licensees.

This amendment would be consistent with the original intent of the rule.

When originally issued in 1962 (27 FR 1351; February 14, 1962), § 150.20 required Agreement State licensees to comply with "the appropriate provisions of 10 CFR Parts 20, 30, 31, 40, and 70" of the Commission's regulations.

The rule required compliance with all NRC regulations applicable to NRC materials licensees at that time.

In 1965, many of the requirements in 10 CFR Part 30 were relocated to newly created regulatory provisions in 10 CFR Parts 32, 33, 34, 35, and 36 (30 FR 8185; June 26, 1965). A conforming amendment to

§ 150.20 was not made in response to this change.

Since 1965, specific 5

requirements have been added to § 150.20 that may have created the impression that certain NRC requirements otherwise applicable to materials licensees are not applicable to general licensees under§ 150.20. This is not the case.

It is NRC's position that Agreement State licensees operating in areas of NRC jurisdiction pursuant to § 150.20 must comply with those regulations applicable to NRC licensees. This proposed amendment would clarify the applicable requirements.

Fees Imposed on Agreement State Licensees Operating Under Reciprocity.

The proposed amendment would add appropriate references to § 150.20 regarding the relevant fee requirements in 10 CFR Part 170.

The fee schedule in 10 CFR Part 170 was updated to indicate that there will be a charge for licensee revisions to an NRC Form 241 in addition to the initial filing fee.

A clarification to an NRC Form 241 does not require a fee.

Specific definitions for a revision versus a clarification will be provided in the instructions to the NRC Form 241.

In addition, this proposed amendment would involve a minor conforming change to the schedule for materials fees in § 170.31, "Schedule of Fees for Materials Licenses and Other Regulatory Services, Including Inspections, and Import and Export Licenses," to clarify that the fee requirement applies to activities conducted under reciprocity pursuant to § 150.20 regardless of the location of the activities.

6

Filing Procedures.

The proposed amendment would also clarify the procedures for filing an NRC Form 241 for reciprocity described in § 150.20(b).

The clarifications include identifying what needs to be submitted, specifying the procedure to use when an emergency filing is necessary, making revisions to the initial filing, and for radiography licensees, emrhasizing the need for a transportation quality assurance program.

These clarifications will not impose any additional requirements on the Agreement State licensee.

Compatibility of Agreement State Regulations The provisions in § 150.20 would continue to be a Division 1 matter of compatibility.

The Commission is currently developing implementing procedures for a new Adequacy and Compatibility Policy that was approved by the Convnission on June 29, 1995.

The Commission expects that the approach to these matters in the new procedures will be consistent with the approach discussed here.

Electronic Access Convnents may be submitted electronically, in either ASCII text or WordPerfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld.

The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet.

Background documents on the 7

rulemaking are also available, as practical, for downloading and viewing on the bulletin board.

If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number (800) 303-9672.

Communication software parameters should be set as follows:

parity to none, data bits to 8, and stop bits to 1 (N,8,1).

Using ANSI or VT-100 terminal emulation, the NRC rulemakin~ subsystem can then be accessed by selecting the "Rules Menu" option from the "NRC Main Menu."

Users will find the "FedWorld Online User's Guides" particularly helpful.

Many NRC subsystems and data bases also have a "Help/Information Center" option that is tailored to the particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via Internet: fedworld.gov.

If using (703) 321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the "Regulatory, Government Administration and State Systems," then selecting "Regulatory Information Mall."

At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online main menu.

The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the "Return to FedWorld" option from the NRC Online Main Menu.

However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems, but you will not have access to the main FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu.

Although you will be able to download 8

documents and leave messages, you will not be able to write comments or upload files (comments).

If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look).

An index file listing all files within a subdirectory, with descriptions, is available.

There is a IS-minute time limit for FTP access.

Although FedWorld also can be a~;essed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu.

For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555-0001, telephone {301) 415-5780; e-mail AXD3@nrc.gov.

Environmental Impact:

Categorical Exclusion The Commission has determined that this proposed regulation is the type of action described as a categorical exclusion in 10 CFR 51.22(c}(l).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.

Paperwork Reduction Act Statement This proposed rule does not contain a new or amended information collection requirement subject to the Paper Reduction Act of 1995 (44 U.S.C.

3501 et seq.).

Existing requirements were approved by the Office of Management and Budget, approval number 3150-0032.

9

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid 0MB control number.

Regulatory Aralysis This rulemaking would not impose any new requirements or additional costs to licensees because the rulemaking would codify current practice that allows Agreement State licensees to work under an NRC general license.

Because the rulemaking would improve the clarity and consistency of the NRC's regulations, it could benefit Agreement State licensees operating in areas of exclusive Federal jurisdiction.

Implementation of this rule should result in a minor reduction in NRC resources (estimated to be one-sixth of a staff year per year) continually being expended to explain our fee schedule and to clarify for licensees and Agreement States the conditions under which an Agreement State licensee can operate within an area of exclusive Federal jurisdiction. Because NRC resources to amend § 150.20 are estimated to be about one-half of a staff year, this is a cost effective one-time use of resources.

This constitutes the regulatory analysis for this proposed rule.

10

Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605{b),

the Commission certifies that this rule, if adopted, will not have a significant economic impact upon a substantial number of small entities.

The rulemaking would not impose any new requirements or additional costs to licensees because the rulemaking would codify current practice that allo~s Agreement State licensees to work under an NRC general license. Because this proposed rulemaking would improve the clarity and consistency of NRC's regulations, it could benefit Agreement State licensees operating in areas of exclusive Federal jurisdiction.

Any small entity subject to this regulation which determines that, because of its size, it is likely to bear a disproportionate adverse economic impact should notify the Commission of this in a comment that indicates the following:

{a)

The licensee's size and how the proposed regulation would result in a significant economic burden upon the licensee as compared to the economic burden on a larger licensee.

{b)

How the proposed regulations could be modified to take into account the licensee's differing needs or capabilities.

(c)

The benefits that would accrue, or the detriments that would be avoided, if the proposed regulations were modified as suggested by the licensee.

{d)

How the proposed regulation, as modified, would more closely equalize the impact of regulations or create more equal access to the benefits 11

of Federal programs as opposed to providing special advantages to any individual or group.

(e)

How the proposed regulation, as modified, would still adequately protect public health and safety.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this proposed rule, and therefore, a backfit analysis is not required, because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(l).

List of Subjects 10 CFR Part 150 Criminal penalties, Hazardous materials transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material.

10 CFR Part 170 Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, 12

as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 150 and 170.

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

1.

The authority citation for rart 150 continues to read as follows:

AUTHORITY:

Sec. 161, 68 Stat. 948, as amended, sec. 274, 73 Stat. 688 (42 U.S.C. 2201, 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).

Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued under secs.

lle(2), 81, 68 Stat. 923, 935, as amended, secs. 83, 84, 92 Stat. 3033, 3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114).

Section 150.14 also issued under sec.

53, 68 Stat. 930, as amended (42 U.S.C. 2073).

Section 150.15 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

Section 150.17a also issued under sec. 122, 68 Stat. 939 (42 U.S.C.

2152).

Section 150.30 also issued under sec. 234, 83 Stat. 444 (42 U.S.C.

2282).

2.

Section 150.20 is amended by revising paragraphs (a), the introductory text of (b), (b)(l), and the introductory text of (c),

redesignating paragraphs {b){2) through (b){4) as paragraphs {b){4) through

{b){6), revising redesignated paragraphs {b)(4) and (b)(5), and adding new paragraphs (b)(2) and (b)(3) to read as follows:

13

§ 150.20 Recognition of Agreement State licenses.

(a)(l) Provided that the provisions of paragraph (b) of this section have been met, any person who holds a specific license from an Agreement State, where the licensee maintains an office for directing the licensed activity and retaining radiation safety records, is granted a general license to conduct the same activity in --

(i) Non-Agreement States; (ii) Areas of exclusive Federal jurisdiction within Agreement States; and (iii) Offshore waters.

(2)

The provisions of paragraph (a)(l) of this section do not apply if the specific Agreement State license limits the authorized activity to a specific installation or location.

(b)

Notwithstanding any provision to the contrary in any specific license issued by an Agreement State to a person engaging in activities in a non-Agreement State, an area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters under the general licenses provided in this section, the general licenses provided in this section are subject to all the provisions of the Act, now or hereafter in effect, and to all valid rules, regulations and orders of the Commission including the provisions of

§§ 30.7(a) through (f), 30.9, 30.10, 30.14(d), 30.34, 30.41, 30.51 to 30.63, inclusive, of Part 30 of this chapter; §§ 40.7(a) through (f), 40.9, 40.10, 40.41, 40.51, 40.61, 40.63 inclusive, 40.71 and 40.81 of Part 40 of this chapter; §§ 70.7{a) through (f), 70.9, 70.10, 70.32, 70.42, 70.51 to 70.56, inclusive, 70.60 to 70.62, inclusive, and to the provisions of 10 CFR Parts 19, 20, and 71 and subpart B of Part 34, §§ 39.15 and 39.31 through 39.77, 14

inclusive, of Part 39 of this chapter.

In addition, any person engaging in activities in non-Agreement States, areas of exclusive Federal jurisdiction within Agreement States, or in offshore waters under the general licenses provided in this section:

(1)

Except as specified in paragraph (c) of this section, shall, at least 3 days before engaging in each such activity for the first time in a calendar year, file an NRC Form 241, "Rep rt of Proposed Activities ir Non-Agreement States," 4 copies of its Agreement State specific license, and the appropriate fee as prescribed in § 170.31 of this chapter with the Regional Administrator of the U.S. Nuclear Regulatory Commission Regional Office listed on the NRC Form 241 and in Appendix D of Part 20 of this chapter for the Region in which the Agreement State that issued the license is located.

If an acceptable method for filing 3 days before engaging in activities under reciprocity is not available to the licensee, because of an emergency or other reasons, the Regional Administrator may waive the 3-day time requirement provided the Agreement State licensee informs the Region by telephone, facsimile, an NRC Form 241, or letter of initial activities or revisions to the information submitted on the initial NRC Form 241, receives oral or written authorization for the activity from the Region, and files an NRC Form 241, 4 copies of the Agreement State license, and the fee payment within 3 days after the notification.

(2)

Licensees that seek changes in work locations, radioactive material, or work activities different from the information contained on the initial NRC Form 241 must file an amended NRC Form 241 or letter and the appropriate fee as prescribed in § 170.31 of this chapter with the Regional Administrator.

15

(3)

Licensees engaging in radiography activities must comply with

§ 71.12 of this chapter, including quality assurance program requirements for transportation.

(4) Shall not, in any non-Agreement State, area of exclusive Federal jurisdiction within an Agreement State, or in offshore waters, transfer or dispose of radioactive material possessed or used under the general licenses provided in this section, except by transfer to a person (i) Specifically licensed by the Commission to receive such material, or (ii)

Exempt from the requirements for a license for such material under

§ 30.14 of this chapter; (5)

Shall not, under the general license concerning activities in non-Agreement States or in areas of exclusive Federal jurisdiction within Agreement States, possess or use radioactive materials, or engage in the activities authorized in paragraph {a) of this section, for more than 180 days in any calendar year, except that the general license in paragraph (a) of this section concerning activities in offshore waters authorizes that person to possess or use radioactive materials, or engage in the activities authorized, for an unlimited period of time.

{c)

A person engaging in activities in offshore waters under the general license provided for that purpose in paragraph {a) of this section need not file an NRC Form 241 with the Commission under paragraph (b)(l) of this section, provided, that:

16

PART 170--FEES FOR FACILITIES, MATERIALS, IMPORT AND EXPORT LICENSES, AND OTHER REGULATORY SERVICES UNDER THE ATOMIC ENERGY ACT OF 1954, AS AMENDED

3.

The authority citation for Part 170 continues to read as follows:

AUTHORITY: 31 U.S.C. 9701, sec. 301, Pub. L.92-314, 86 Stat. 222 {42 U.S.C. 2201w); sec. 201, 88 Stat. 124?, as amended {42 U.S.C. 5841); sec 205, Pub l. 101-576, 104 Stat 2842, {31 U.S.C. 902).

4.

Section 170.31 is amended by revising the introductory text of Category 16 of the Schedule of Materials Fees to read as follows:

§ 170.31 Schedule of fees for materials licenses and other regulatory services, including inspections. and import and export licenses.

16.

Reciprocity:

Agreement State licensees who conduct activities under the reciprocity provisions of 10 CFR 150.20:

t,/

Dated at Rockville, Maryland, this 7-day of ---,,...,iei=='----' 1996.

For the Nuclear for Operations.

17